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HomeMy WebLinkAbout2013-10-22 - RESOLUTIONS - BURRTEC WASTE INDUSTRIES AGMT (2)RESOLUTION 13-68 ' 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 multifamily 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. Resolution. SECTION 2. Certification. The City Clerk shall certify to the adoption of this I PASSED, APPROVED, AND ADOPTED this 22nd day of October, 2013. ATTEST: IN C C RK DATE: //-l3'/3 2 i 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: Weste, Boydston, McLean, Ferry, Kellar NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None �l 121'oz RI RK Burrtee R- - 'dentiel Amendment 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 tees. 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 Attachment 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 transition from Franchisee to the another hauler after October 31, 2015 is carried out in an efficient manner and does not impact the provision of services to City residents." 3. Assigned Franchise Remains in Effect. Except as amended hereby in this First Amendment, the Assigned Franchise remains unmodified and in full force and effect. [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. By: 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) .z aF'r �'F h a a a t Cc s n� nov oa S f j ATTACHMENT "A" Page 1 of 40 g4p ;I ATTACHMENT A ,w p �E AEscr�TI0N AA T-UT10N N0.2010-10 TO TEE GlTY OF' S A'TA CI�4RITA '°C0p?2uQTCI\7E,: 'M1at pOrtlOn Of the R?.n'CIIO $Z k'ranolsco' I the COlL Of LOS z-1gElesr °tate Of California eS 'S'ow;n on nap recorded in 300]> l pages' 521 and 522) i '` he CDanit Recorder of said coua=y deSCriDed' Or pctenLS; .n The 0=S_Ce O.t _ y ' 3=S- im—g in at the Ao2_t 'o. _tern ect_On, O' tie deaterizlm Tract D_T1v8 With ��e ..EIIterl E 0- DECorO. 7riTB as S^-Ov=^ O'!' -un7 G- _ I�-�- k8202 __led '-1 Book 125.6 Rages y iOLj} . 12 CIuSE) O'_ 7 ZDS;. =� 0='ioe 0- County Recorder, 5al.d pD L beteg O0._ =L ... . .... ._. pit £1 e Q Cpu7er _.=_tl ,D__Te,, Concave north -We �Ecly tsairing a. radius O` . .... .. ._. .._ J _ 1 1-.. ^nrOLG� c -gid pO=nL 1jE s lV o_C 33'12'=6" r2c_ -=1e. - , . Ides-, 5a_d,'poSt also being an^y=B poi .t On :the 70Lucr3 D- the Citi Gr, _ Banta Clari-oa as the -same e�9ted on October 1=) 26181 franca (C1)-eavi�g said bo oda y O'_ the v ty o=✓^—=e Cllr -tom a=� IOT_=h EcS erlu' along, sa].d. CEnterllnE of Copper Hili D_T.ve and said curve and along the centerline of Comer Bili Drive as saov7n on irtap Of F=act NO. 48202-A.4 filed in Book 9B7 'ages 55 through 61.inclusi•e, of sal? d'^ays sough a cenUal angle or 2700012011 an. arc distance o=,.82'7.38 feet LO the point Of intersection o_ last said centErl= e -v th the no=thwe5te.l_ ATOI'OIlGat1GIl. of _he northeasterly line of Lot 37 of said Trac- NO. f=8202-04; t=e CE ' ( 2) radial t0 Said CLrlre and al Ong said prOlonCi gation and along sa1 northeasterly line South 60°18'06" Fast 127.°0 feet to =n angle aoint. Lhere'in;then Ce .. . (13) along the nor horEsterly lire of said Lot 37 North .73°S6'19r' Bast 1c73.51 zees to the most eastercy corner or said ?ot 37 also bei.g the X:\FD:8Y7\WO?9 DOCS\: •.GP3,5\EX.FCHl?S\fiQ00 >Y32BrT5\E` 51 CO`-'?o�STO;vn''-"-ARv 2010-10 :ri.bOC 9� .j ATTACHMFNT"A" page 2 of'40 on map _ ^head 110. 48202 -DS 25 shown ._— D- rc °� 1-!C_i151te, w2ps; t ence c�.ecai.a2S-erly boundVry cc sa_d __a lvo.. Sg2i;2- zi,e (�4) alIM9 the 1^ -. 204. 97 IectcnCe `_o1.ov;inc 25 copses, 'Sou- � 15 9 ?4.35 f --ti thel-LCE. ''°Di+34» West 77.56 fee -L; 'Lhe CE r•.7) 1vo= 83°03'11" Wes ?7-10 =eeti p,_, - tne_cE r � 06" -vles� 80.82 �ee.i (1,g) Sou=^ 6_ .; . (19) South OS°26'04" iAest 78.56 'feet; the='ce (!1D) South 35°50`33" East 50.72 �eGLI L-le•l re 0111. Bouch 72`x6'22" Pest '60.99 -e' -`Li thence n _t (112) 3ouLh n0"33'59 E2st 58. D,2. He i- _ "gal �CnB5L 61.98 -cep; (113) At JOLtn 1¢°4551 C2" Mast 56.66 =22ti th eaCe ']°42'25/ was:. 15.50 .fee=/ n=�Cc 0 . ,. 6021 ! " s*l lee Lf LY�G -"iG p 5 450. �;... 'L33. 63 =ceti ==enOe 1-117) Sough OS 08 c. �s� '- . 0 q// Bst IO. 03°03' S7" Hest 12e.53 _esti the -Ce o°l2113" West "_1.c3 feet; nenCe 1.79 �e7oe (L21) South 52°42'53" A7est 4 fe . set 5 feet; -hence . (L22) Sou .a 43'33f28" a (123) South G90.21' 05 west 182.'50 =eel, Vheace . (129) South 26°39'52".East '45,35 feet; thence ' (125) South 4i°05'2^_" =.ast 65. D3 ieet; thence 'r on',c^^L;' tCno�aCO (L2 De) SOC'M 53`04 4 �cSL 168.67 - (L27) South ,l7°13'33" 1aSc 35.05 'ee�; thence (LG' "o) South 050541531/ East 352.03.. ieeu tS =pcint• in the eas:Ferly . line of Loi 10 Cf Ee1C =BCL No. 48202-05; 4u11er_ce' (L29) 2sonq sai3.azste 1y line and its pro, ohgation'South.0.2°39'35" Vdest Q0, L.5 Z3et to z .point oz. ir_tersection -vi the canaerliae .of Decoxo �_T1'�Te . as shosx on nap of parcel. lsap No. 24981 file, � Book. 296 pagEs, 51 DOCS\i3\8000 EK&=3i.S\8551 AO??938TON " `' 2010-i0 s:�•n00 " i ATTACHMENT"A" Page 3 of 40 Ccntaininy fi6.86 acres, more or less. X: \t DN.-1V\i70P.D DOCS\'�9._S\moi ai51TS\a000 ?.MZD=T°\»5i CO?3Z?SV�111k AM= 2010 £`n".'..DOC ` boundary vOo �3j" �asL L0.-00 'F,BEt. ... (.131) along said po�ndar 1vo_ch 02,..9 3Z an le - g therein; thence _troint continuing along said boundary,.N'orth•67'20'25" west 69.99 feet to (i32) an angle point there_n; thence scid.IDOIMMdary North B7°22'30" Driest 128.32 =eat to (133). continUing clOng the beginning 0= a tan gent ' Cll_9e concave northerly -'s ':+G z 2560.00 =eet; thenoe westenly Wong said bo^�dart>>. and aliong last'saio cu .re and zlony (C34). the' northerly lino 0= said De00r0 rrive througa c 70nL1c1 angle' of , B27.33 feet to an. anglo poi in said 1B°32'00" 2n a?O distanCE 0= DOL1daTyj thence .. . along said boundary and radial t0 last sed Gli ee 5012th 21 `09`30"- 11;35) - L0.00 t0 an. angle -002.2t-002.2t�BrE�n On the 'Jdnt?=1i.n= 0= sa_ ff=st _eet DriVE b =ng a 2302'31t '[./LL ;..e beginning 043_ve COnCEVc -, Deoo_0 also • nOr VheaS L:.rly r.' ._-.. ra"d_lus C.1 26OD.00 feet, to WOi� l_$L Sa1C COli=ss ...CTLfi is racial; thence w ' (C:b)'_Zv-.r^Y3eSier_V clORy^ sa'_Cf O'J��'. aarly ?fid !ast n�C' C�'Y"vB anG�' c_OnOO �=_ g`_E O_' 30`46152" ... ve' through '^�_ - L =n 0=' DeCoZO DriZ a'–' sai'd' Denter1?ne' d_j6s a Ce of 1356.80 feet; then Ce „ - —re 13o=h.38`03'36 ;147)d_ong Ss:a nOundvCry and L_n-int s= d c , West '92.97 feet to the pont oi.be5 H ng. Ccntaininy fi6.86 acres, more or less. X: \t DN.-1V\i70P.D DOCS\'�9._S\moi ai51TS\a000 ?.MZD=T°\»5i CO?3Z?SV�111k AM= 2010 £`n".'..DOC D I : I \� \ D I : I V l 11 ATTACHMENT "A" -- 1� Page 5 of 40 ATTACE RENT A Ip �— ANTTIN Ko2 i-aS TO THE CITY OF SANTA CLARITA "ELSNIEEE CkNYON" Those portions of Section 7 and Sao On l6 '-n TOWnshlA 3 1Q6rt*_, Raine 15 49ast, and thoseportions Of Fractional Sections 12 and 13 in _'ownsb —,' p 3 NOrthr Range !6 Gres t, San Bernard=no tier P cL aS i according t0 the o=ficial plats the..Dfi in the uninCOr70rateo. _ _ n' _ Los An les State of CalifOr_r_ia tOgether tori'' oru o_ '-, ,e CDL_Ly 0. ge with that 'Cordon of. the Rancho Saw _'c'ancisr-O as sh oN'� On �-?-ed`r'rded in Book 1 Pages 521 and 522 or Patens, 1n the O_'i Ce O- the Cort. i' Reco=der OS said County deso.-iJed as �'- y:tn0-e (Ll) leaving said boundary and along the easterly line of the southeast ousrter of said Section 7 Sc_th 00°59'21" West 2905.83 feet to the northeast corner Of said Section 18; thence (L2) .along, the northerly line of the nor, neast quarter Of said Section n IB North 89028'32" West -1083.57 feet to the northeasterly corner of thein Orthh*est Quarter of the northeast q*aarter of said Section 18 as' described in Parcel g in deed -to Salo City Of Santa Clarlta =corded 'October 29, 2010 as instrument no. 20-101552962 of 0_fic�lal Records; in said office Of the County Recorder; thence (L3) 1 along the easterly line of last said northwest crlarter of the northeast a_uarter and along the easterly line of the southwest a-uar ex. of the northeast q-aarter of Said Section 18' as described ir Parcels 3 and 4 of last said deed South 02°04159" Nest 2607.59 feet to the. Y.:\LDUIr\MORD DCrS\TI C-AL5\E%H35=RS\80DC E\7.=3 -?'S\8860 EY3 ELSU7'. E C` -'1'v 91�� •DOC Sec�ion' 7r said Diner =_t the east q±aster corn =_r O_ said Beg;=inc San-. Cl L1 �n a.5 _:c o:�.GB . -.Oc a CO. ^ t On T=e 5D--,InO.—y o_ the C7 �_' o_ .w.g on January lir 2011; Hence existed (Ll) leaving said boundary and along the easterly line of the southeast ousrter of said Section 7 Sc_th 00°59'21" West 2905.83 feet to the northeast corner Of said Section 18; thence (L2) .along, the northerly line of the nor, neast quarter Of said Section n IB North 89028'32" West -1083.57 feet to the northeasterly corner of thein Orthh*est Quarter of the northeast q*aarter of said Section 18 as' described in Parcel g in deed -to Salo City Of Santa Clarlta =corded 'October 29, 2010 as instrument no. 20-101552962 of 0_fic�lal Records; in said office Of the County Recorder; thence (L3) 1 along the easterly line of last said northwest crlarter of the northeast a_uarter and along the easterly line of the southwest a-uar ex. of the northeast q-aarter of Said Section 18' as described ir Parcels 3 and 4 of last said deed South 02°04159" Nest 2607.59 feet to the. Y.:\LDUIr\MORD DCrS\TI C-AL5\E%H35=RS\80DC E\7.=3 -?'S\8860 EY3 ELSU7'. E C` -'1'v 91�� •DOC ATTACH M HNT "A" Page 6 of'40 (L4) io_ along t:e sDU-.rI 1'_,e 0 the northeast q_lic__er of 5a2- sou -.h O.Si°_i(i'3°'" Nast 1220.19 tr!E SDUt`_?E25tE.1y CDiDEr G=. -ks< north', -fast qu=_rze_ o. sa`_c SEc`_ on 16: t,Ence '=;J) along .hE sOL -h SinE 0. 12$t aa'd nOfLnwasL n - - the wESt Cllla=tE= OOr'_1E= ..= said 2J 8.Bi - JeC __Jn E5 c va=st - LD . - said =:aCtiOifl"� (Ij6) along the so!:_'r! 'line of the n0rtieast cua-uz_ Sect_Dn 13 North 860391l5" We$t 97:1.29 feet =0 a DclnL --=e n a -r �ita�e 34 ghway _4)'. E-50 C=U-f'==1Ila 0' zhE-:'1tEioDe Valley __e..Yr_� �. tha �_ - Cla__ta as the acne bEiln� DS on t7- 70Uid_Y' Of fry Of J�-tc exi ' _ i:;ary 11 20111 � hcn 1 -t CePtcTli^_? ' 2-11d2J.On6J l=$ t a2i d bo=d=v lu= h ' ° ^' S1'" to the beginning _ a t3n.02 ve G.^._ncays 185East '_26.8:,6 '_..et v. a= a r3'L'"'U$ O. 3000.00 .ea L/' then. ' along -� lT•...__\ ar�l� (CB) nor t'ne_ly __O''_� Said =_�___=�E 4T.. hasc sa--d bOL__ .thTO'1g�'.a CEn =a1 an =TC .,.;_$tc'1Cc O' 21366.48 feet; chance .. . in=r.+n -� <sc_1_*an^ 1aSt said boundar�Y anCl (=,.9) CD__Li ng ai0_g said __ilE tang=nt to said e ace No_ -_b 16`01'38" Weft 190E-77 ao the beglr_ lno or, a tangent Cu-,jre COn Ca'f'e easterly 72'v -"_7g a '_'7.d -L$ 02 3000.00 -feet; thence (C10) Continuing northerly. along Said Ce_'!terline and last said boundary znd last said Curve-hrough a central angle O .10052'22" an arc distance of 2140.09 feet; thence (Z11) Cont ruing along said centeYlire and last said bo-mnda_y and . East 6_55.22 f .. tD; an, nangenL LO last said carve ?acr-Lh 24050'441 angle co nt in seal boundary of the Ci Lj Cf Santa C1arl LhEn e (E12) .leaving said centerline and along last said 'boundary the iDllowing 7 courses, South 89°09'09" east'B72.20 feet; thence '(L8) SDuth.'83°22'14." East 1285.70 feet; thence (LI4) South'.00°2'6'31".East, 3°4..97 feet; thence X:\hDAIIR\yrORD DOCS\aCno\EMBITS\8000 EMEIBITS\85v'0 r'XS iiE ?.% MW PSilv5X.7ti a i ' i` 1 --------------------- :: ....... f ATTACHMENT "A" Page 7 of 40 pa !' (115) South 89'07'L6" rest 1281-28 _Bet; thence ---'- :" (116) South 89007139„ East 1268.02 =aBT; `tie=tee (T,17) South 00036'05" East 652.419 '=.e..; thence o , - " 25 _ -=et the 7o':?1C .DL be �-�n , mg_. (h18) ,South B9 09 �S East 1��0-,,7 to g=•--`- Conti =_ng 806.52 acres, more or less. !NAND S y Ip x:\�\row �ocs\� LP EVT'FTI?S\BGDO X1-3= B\Bsso�si cna =�sz.noc I j # _A� �VzI LA II_1a ml OP a ^f:� Oza ss MLdq .I 6i 1 'Si12J.Yd 1D 'Z4—lZG b3d'l NOOK COSIDNMI NYS OHDNYL' 3D NDLZIDd r i a� _qq3 =2 5 .. . 'wµ t L � � C G I H U JI) u� 6i 1 'Si12J.Yd 1D 'Z4—lZG b3d'l NOOK COSIDNMI NYS OHDNYL' 3D NDLZIDd r i a� _qq3 =2 5 .. . 'wµ 41 ATTACHMENT "A" Page 9 of 40 i x ATTACID ENT A - t LEG 4L DDSCRIPTIOIN _ Li\n\y5;AnON N0.2011-22 TO U E CITI' OF. 8 \'TA CT AR i A ' 2JORT.T- COPPER'T.L" OG SectiOns % a=1d. 8 5, 6, + TOWn.51i=A 4 1Vorth, Ra;a e -J Those . Jor'tlons G SectiOns. i and T mgj�ip 2, off L 1Vorth, Range west end those ?onions o_ 16 was— a,d ^058 �oI L_G3S OI 32CL'-OIl Y1, p='oS+C^_S hid .S N= ?an e � o SECt_On$ 3o and .36, TownS11'_p 3 1VOrth, Range TMaSt ammC those aOrLlonS OS 16 vTes�, all of Ser' Bernardino 1J `_dian ^ th=e County o Jos r_ geles, Sta:.e.o1 Cal oznia deSCr-b80 as -0i_Cv75: - Beginning at the nOr`hea$t Corn=er Of $--=d 3=_ct4_On .S; f7, 1 = ne - Said S..": -oma 6 South09r'SSt -1) along th_ easu �_ 0_ _� + - 2321.64 sat to DO'—t On .SOLE'.' C=n %OII Road as n $hON= Gn MEP OI �..-Ct F 351:7 -- iEd n Book '1095 pages 4.8' to 55 C_LSi`va, O. � a'_I)S; in the ' of=ice o- the COunti% Recorder � 0= sa7.d Co_y; -Fence (S2) along said centetline South 50053156" west 320._8 feet to a po= on the north 'line DS the southeast quarter Of sai0 SeCt10II 6i tneACe .. (13) along said north line mo=th 89°47'35" Fast 254.85 feet to -he north-west corner o= tIle southwest cr-aarter Of said Section o; thence (114) along t• e'nOYLh line of Said southwest CT.ia uer OI SECt10n 5 'SOlt17 ,89'07107" Fast 1272.62 =eet tp the east 11ne o % the northvie5t q aster O _^e Southwest LT:.�arter oT. said Section 5; tTenC . (7,5) along .last said east liT,e South 02028'W' west 1315.3" feet. to the south lire of las- said northwest quarter o.' the southwest quarter; thence (16) along last said south line 150rth 88'58'38" West. 1176_06 _eet' to the northwesterly corner G. Joy 17 D' DI .r_ct Ivo. 4.6268 as sh'o:,,*�.on maP _fled in Boot. 1141 pages 1 to 12 inclusi-ver 'o. said Maps; tbence x:\ren=i7Vso3n Rocs\s✓e".;AI ssz^s\8000 nx�_ms\9582 srK.noc \ P q G ^ P ATTACHM 1' N"" "A" D (ye I()of'40 a,. I I —_---- d LOQ -ort�lwESterl, sa? •: _ c v Bast 16.73 IeBLi =72=zOB L G.S GSr]s/ DDIl..a 01 D- d'°A'jl3JL.06 feel/ :,h-- 17. Do 1. feet; thE7ce 1� I M5e 56` or .� n - ' ythence _ l 6 7 J.i feet; (LIUI JDuLL'I IiU°Si _.l.J6.°+L 1 I'l $011th 2�° �� " Vd2St 36%.L9 feet) th2nce (-'_) 3. C9 iu 'Q.ErI 'NcSt lS0 8L feet t0 tIlE weS tcC1\r _C1e. C- Cr. 17Q ^_he RD'.'�n2as_eriSl 11IIe O� $a=aa Catar'-:3 on .:Dad fD ` r. -q ;r U L62 8 and as shDv on nap of Trac Leo. sa_d ,tip ci m=act ivc. 6 - _�_� ir_cles_rel of sa_d Laps; -hey filed __ B003: S_ pages 50 to 51 1• wast 82.U5 'fT,_i 31 a1Dng last sa3C nD='1EaSterl ji line $Da.n D I JD D- feet tD ta1E begs=ing D- a tan �� CllrVr COTi+=a:v2 n0..tneaSterl_� hiaG_ng ge-- -n� =``ad_i L5 G_ L68.DU '_eEt{ - nC2 �iV Oa ((J_L) cOIltroll_=G c_o-'g _ n _n =_i. •l. -angle LDIIg 1aSt Ja_d in' 6l ==Et; .thence to dis Lake -0i - D• __.inn= __aLeZ (L1j)'_.cD_"!t'ii_"-30 c:-OACy 1aSt ca_G __ D the • nWc3 �ev ls � s=.gid $"e c ti.h 'XI 60 37 as a 0 _ice Tract Now L626°; e ce co ner of Lc. _15 of s,_ a LS (L:L6) along _�hE '-10-t=6n' SLorIU ].1nc D'i' Sa-C LG�YV�_-Q -I1 CLNortryAVO 46269i <EEt to the IIOrerl corner o= a past 1_1.34 _ thence16269 a$ follows, alOIIg the easterly line of sa-.d Tract tdo. South 2801-41130' e1. 35 -feet; thence „�,�t 3_-� (418) South 03°11'26" S'ast 60-00, feet; thence °38'05" Bast 66.58 feet;.thence (419) South 09 corner df 00'24' 1611 PdESt 19Z.9L =e0'L o the so'Llth2asterly . (420) South DD°__ Lot 108 oz said =ract No. =6269; thence last"said eas:LEr1v lin' 'to (421) South 18°33'29" West 64,00 feet along 1 .:1ine of Lot. 107 of ,said an ar_ale 'coint therein on the northeas er_Y haT rg a ,-aditus. of Tract yNo. 45269 " on a curve concavz southwesterly 318 . DD, fe=t through '7 '_C 1c5t said cD'Lirs ] 5 ad a1 i 'thenCE B='-$\3000 r=3rT_5\BS82 ='-?•DDC, .st i ATTACHMENT"A" Page l I of 40 K' ,(C22) SOL_ne25tErly- a10_^_g 1psi- said curve c31d ?10II✓ Sala nor=aeaste�ly . 1" an arc distance Of 10.18 eet 'line througl? a central angle of 105010111 to the northeasterly corner of.szid iot 107; thence (123) DDnti 1 ng 'along said sasteria lire of "r�Gt 1Vo. 46269 the ollowing three Courses South We 15°32`38'.' st 156, 15.`_eEt; then.E ry (124) South 22021'552" West 58.15 feet; 4E_^e (425) South-, 31031159" West ;65.85 feet; hence (126) continnujrg along said easterly line of .'Tact Ivo. 46.26S =nd zlong the easterly line o PraDt lvo. 4627p as shD m on map -led n Boge .1.23= pages 4D t0 49 i_nCltSive, of.. said MADS as -Oil Ows I- j0`Ctr1 3B°18120" West 485.49 feet; hence ect• -fence (1327) South 25"11''07' West 4 _ 0.33 _ (.1128) South 13°07'35" T9e3t 61,-"_4 ante (142 91 South 07°52'4n"' west 3r 50.91 -ee ;-=hence (430) South 07°33'05" Wes= 174.40 .ee thence (431) Sou h D4west �3.D9 ee't, thenDe (_ t0 Th, SD'.i.-.-^Eo5Le=1y DGi�or OS _. •32) South 01033'er EF5+— "x=5.'16 `feet - .. r said T'raC} 'LVO. ...46210 ",being a 710' - On the Njrthcr-'%.._- _n.. O Canvon Road as. Sho1wn on said _1aP Of =Tact lvo- 46270 and cS SnDW'n Ou Ssp OT_ 1_act LVD. 31159 fl led in Book 1245 'Jages 2D t0 24 n L_ =i i ed ,� Book 1.140' Of Sa10 �iaA5 and as s�1J"vw Or_ map o- Tract No. = 966 _ Pages 79 to 8E inclus vs, of Said Paps; thence ( 33) South DB°26'58" past 5D.00 feet to a aDi.t on t'he cerate=' of Said Plum Can JOn Road tieing a point on a Curve COIICa'CE �Drthcrly _ having a radius of 310D.00. =set; to v7H;ch list said co'�rse is radial: thence .... (C3a _E_r_y a_DIIg 1 1 last said eenterlinres e and said cus.s `bllpvrs, _) `v7ES through a central angle of ,12050136" an arc dist race Di 694.09 flet; . thenDe' {435) tanget to lest said carve worth 85°3E'22" west the beginning Of a tangent' curve conCE7e nOrtnea5tErly ha417g a ari�5 of 1200.00 feet; thence Y!\AMMWWMD r ATTACH IN'IA' Pagc 12 of'40 a; cu ,%a .and s= -_d 1 C36) IIEx_ v7c5 ___}r ElO g _no S__C C_Std L. 1 12 Jv a% =rC �.°i,Ion noac Lhrougl_ C .._T1 L_G_ 1-lyle of J3° p^ p 695. 5!=E z: '..al..._..,. - _ las-- ange]LL LC SL1Q Ci�L VG' Q . (�J7 .. - nc�. LIIl VJES� 273.9€ SG'2- to n, , �u�iyon Road lv`Q_t_. 02 - 3.9A - =t (,` ) tE=ins Q- 'Cha_ cou_s shov a5 Nor^- 3908" Eas_ cg thanoe on s2_d ?Dap O. R'x.'-Ct NO. 9661 cL _eet to -n S 37°36' UB Vias '- 1�3n) a1Onglast Said C011_TSa -acL NO. L49!S6 and ^R angle 7Di_=: a31 1° 7C-_nL 2P_ the :JOL-Sp,a__ OI 52_O•. -- - g the same =_r " Stad. �r_ _n Lhe boundary 0. the ^Itv 0. S?Tlta L°av fpr 2011; -�hencE_.-{ tea 1G02:- . L.c. °l2' 30" jr O wee C �3 Or SaDta •- -- (�:°9) aiprlg ,"1 -o -^-Ga- .-,- a CORcave bGn4ua V._ WaS- i5-Ok _est to the be _�.—"'u Q_ 2. - 9EL%.Lhe-C - �d, is . O - 200D.00 S.Q.="v725-Ex1V e]a- 3g c .a . s 'S _ -!!B ( =saaOindc_y p)07L ,.5?=CJ ---s;exly alon-g d al Oy!y^ `__,. _C. lQL�-?g Co,;..CS=S 00 G_C a_5 Le -- LDoug_ c- 0- --.6.cr._. --- .... >O Lie 50;1_1W?Si-crit' p0_.�c . 16°32'76' asL X43.20 h'..r•ce (Ll) 1\'OrtY\ a2 �i �ha3CE . (r.22) _xor=h .6°A9' =6" East Sf'v.DD was 37.50 Deet; '�_e.lce . North 73'10'14 -ft (L41-4) 1\Ori.h 16°49/52' East 127.21 feet; tDsnce ., (145) 1GOrth 88°26' 06" N7est 28. DO _'aa=% therIce =mat• thence (•45) North D4000,"54".Nast 104.4,7- r =on- (Ea7) North' O5°29'16" was- 64-00 meet to ,-ee beg'-'•'n=r o a r y Navin z radius or 468.00 'a'.L to Lang=_nt curvz concavz nor a_1 g - Ch IASL said course 15.xa'l'�li th OnGa _4hl _ WeSte 1'Y along last said c_rve t�.rough a (C46) CaR-ra] angle 0= .ance of 2.50 feet; t ance OO0001.9/22" an arc a s -. (yy9) non -tangent to last said curvE NOr�� 02 00 16r West 183.57 Deet% thence (�50) South 89°07'8" East 36.60 faze; the"n-ce .. 81-D7..feet% thence. (IIS51) North 790 061 57 .. E. 82.48 1eeL% 'chance (152) 4iorth '12 47 10 a..L . `pp:\e.D?L'N\WORD ATTACHMENT "A" - I Page 13 of 40 F O . nos,—tangent LJ3 North 26°58'32`'. West 105.06 -es- o—✓ •'CLZ%e COrCa'JE =10='L147ES �2�1_V fiev%-Q = ra^`=-'i15 0=.'230. �D ''EE•tr ra-1 l_,e t_zouah last said point b£Srs 1@orth 26 1425 t; thence (454) northeasterly 'aloha last said C1rCre tn.±011yh 4'42^41 c1 3151E O- a^ arta 41St E of 63.66 .e2t; t enCe _ A 42°41'03" West. H A D feet; radial t6 J..asu Sa-d carveNDfth the -TICS . North 43°14'5=" West 155.36'=eet; thence (4,57) 16orth 22°23'31" west 120.88 feet; thence (:,,58) North 07°40'37" Wast 343.94 feet;. teencE North 00.°10'01' East 251:00 feet; thence -.(1.60) North 2J°"A'3or' rust 1148,04 feet; =e -Ice . (-6l) 1QOi tII 02°1o'JD' '."s'a5t 13_6.31 feet; thencce Jet South 89°47'35" West 778.83 feet; tnEncE (_^ ) (163)'Nort_ 0006'41 fJaSt !330.63 fevti the -^-CE c J =r q _ _ +_henc !�64) ,,forth 89 - 15 yeast 600..Go feese., (165) North E9°u2'S1" West 1009.7 feE t; thEnC2 - (I66)-' So:,-- 03°SB'..47 Est 8'.,3.37 (167) cont-nuing along 's=d c ty boundary South 'n6°29'31" West 85.98 f2=4 t0 -the beginning 0- a t�J=nt Ci -:v£ ConcaT:e northa_1V radius Of 2500.00'feeL thence (466) V:esterly along last 5-=C1 4,9E through c S41c47r DLi' an a2.0 C7 --''stance of ,434..25 feet; T-1E=Ce St 540.98 Seat; (169) non-tanaeat to last said Curve South 0001-61531/ Es. UriencE ' (170) South OD°15'27" vast 2644.81 -feet; thence (1.71) South 89041'16" Test 500.31 feet; thence (172) North 000=6'04" West 555:00 fee:; chE ce (173) South 69°41'16" West 826.54 feet; t-^-enC2 (174) South 00016'21'` 3,sst 555.00 feet; thence (175) South'.89°41116" west 1179.6D feat; . 7hence (176) No_th 11°26131" These 14,4'•73 feet; thence (177) North 09°41'5" cast 593.66 feet; thence (178) North 26°22118" West 95.23 -feet; thence. Ya \e',DLT'iviO3D DOCSIT�CUTSU�i°imS\8000 ^nX�cfTS\£582 3XE. DOC `• � i ATTACHMrN1" A" Paoc 14 o f 40 OE 'Le.D) NOr:r U9nj2'C3" W35_ 3U0.4 - - _ 1 ' �r_ag 2 radius or 1gnG.GU '-r a .:O"-'a7q=r1: CL` -7C- CO!1Cc.:;c 'vF35Lci-1J ha brie �r-rouge' said no -int La==•°+ 1v i Cen. al anM�271 161" C.�^� I�:E�)=lV $G_D'. CJIl'_'4s :.!..c. DLQi! E - _ - -_ arc d_s`,.� .A 6.50 feet; i,71.,_-�ance _ -. LSte (L62) tangent tD -laic: CLinre ,.1JJc COIIG8T3 ea$�e+.-_ .0101, ^__ng ofT_ a .;dile<__ ..-_`- I; =?AO.OD 'feet; t11=_1ce z ce _ _al ang p- -- said On.ve-Lr,..pugn - CE3) norc e.,-1_; along _.$L o _.. t'.dence Gl 26 an aro d s a_ 20" L'as-. Sn'2.It E. t0 �. !-5- said C�rvE NDrih Cl" (LBG) tanJgant t0, c .. - ,�c__ In hn10e of 27.00 =eeui -a1 a_�7�l1e _T throe_" a .-:� _iDn last sa_d cu- e - _'2. L. _c_a lnon Ce 36re - SB`L1GI G4" Ja✓L 3V. 2 1G�sf (Jvbj _'agent .D ia➢ sa_,.. c11:77,C' .i'7L L__ y.� e� ✓� 00017"S" - IL " N�e$L LD.DI eL/ 1061.64 f"Et `.O �E �Jeq—..g=ag C= d, i.2._gEIlT. Vies t=Face ^.ics o= 120D.00 feet; . cave Concave soutb16r1v having a (C69) Vieste_T1v along last saw-, curve t'7rough a • 429 feet; La=_ace 20°3Or25r' as arc distance of .50 370.97 `feet to ;d curie Sou�-1 +D'gy'20 west (L90) tangent t0 !ast sa_ c_1 Navin 3 raC7ts 'Ch2 Umr li ng D` a. tdnae_L CLiv2 COT_..ave nOry+`'-'vi25t,._V . C'J . 0= _:600.00 feet) thence- (Cg1) soS iwesteTly along last s -id curve z=0 -093a a cen�rzl angle °= 661 .45 fEE- tea beginr= 1g 3 na, ge to of t 26°D3`31" arc distance o 1100.OD feet; CO�aound C=,-econcave aortheastesly having a. rad.us of thence -F (C92) aoxihwEsteTly alongias- sa_d G TVe =hTO gh ? Centiei angle C- 24021153" an.drC diptanCE 0- 467.1'7 ieetr :hence ' (L53) tang nt to 'as said. care North 56°5D'10" Jest 235.60 eeu:. hence . X:\37J\1iOZD .JOGS\iJGt?J°""\nh's.IETS\8s00 BRIgrmc\Es82 Zi3.DOC • I ATTACHMENT"A" Page 15 of 40 99'50'1,1" West 13 60. 92 feet; thence q.c 4 feet; 'thence (t95).North 00026'10" West 21 ( 96) forth 88034155" East 1264.78 feet'; thence 1Qorth 06°12'05" West 1518.70 feet to the b_g___.__ cu=ve concavee=steely having a rad._,us of 229.05 feet; thence (098) ncrtherlir along lash' sa=d curve. t'Lrough a cer_tral angle ,of 02'55'53" an __c distance of 11.72 feet; thence urgent to last said curve North.O3'16''-2".Wes t 1519.17 .feet to. r=�V•5 °7= the begynLii_^_Q oma- a .tangent curve concave easterly ha-1;i,a 229.05 feet; thence c=ntr (0100) n.DrLhe_ty along lass �Sa-d ACL ve t`Souah c .. c_ a.:1g1= —..- .or 2i°38'38" an arc distance of 86-53 fse_, thence ' ta_gE%'t to last Sa-- C'L'�''e Fort`? 18`22'26" aSt 277-33 fuel; . hence (1102) South 89`4O`l2" West 1304.39 f- ti thence (1103) South 89`1,0'05" West 41,8.62 feet i t 4 i,04025'10" 5 1-1^. DD eet . o (�_D_) Sots �sL r �. <_e-1 a _. ct�:re-�ca:...4�e _a,.��--� --`:�-a'-1z.._'?'s-o_ 1,00.00 II �g y f (C105) SotiLerly = ong _aSt Said. C'__ve +nro-?gh a cents=' C_ 15'SO'15" � arc diStanCe of•11O.57 feet; h=nue (1106) non -tangent to last said curve South 65'54'19" West 2-23.412. Feat; thence (1107) Sout-n 29003'52" East 8.1,2 feet; thence (7,108) 'South 66'09'30': West 17.44; -eet tothe begizni xg of a .tangent terl_J hc?•.�.ng a radius of ,°,80.00 'feel; L_nence Curve concave 9ollilleaS (Clog) so -Lith -westerly .along .last said rune t -rough a central angle of 14030152" an arc distance of 96:26 feet; Thence (1110) non -tangent to last said curve .Lvcsth 39°06127" West 48.45 feet; hence ' (11i1) 15orth 47°53'5D" West 34.57 feet; thence . (Lil2) North 68"55'14" West 53,21 feet; thence (1113) South 47'07'15" West 31.65 feet; th=rice (T.114) Forth' 44°0'6r22'r West 102.12 feet; thence (1115) North 34'341 02" Aust' 110.22 feet;' .thence Y: \ADKIIP\Y70?.D Dora\�nGFyS\5�.---'SITE\8000 5}S=e=TS\eS62. �rF..7DC v ATTACH M FNT"A" page I o o f 40 wE's� 75.51 - t; �e=-'ce , � 37°.03'27" UiEst 22.78 feet' thence . ;37.92 feet' thence 54 61 th,..__.. B (yllg) NSrtL• 8c°02'3°" iNEst .enO 295._'D feet; thenx {L120') $5uth 7•S°i,4 west . `-,9j) sotiL^ DD°D6'.iG'. li?st 7 9. 5J fEEti the cE J J,,122) SOUZn 89027r20" West 275.50 Feet; th-nT_!te 4West 8.1 feet; theri,.e " (I"'2113) South 02038'431j ry_2g) North 67057'22" "vuEst 30.00 Feet; then CE c`cy 371' -west 24.25 feet; thence ;iS251 $out'= 5. iy12G) 1VOrt5: 6l°02'10° Res- �'3. 99SVO r-, r. - 9 n =;oe�; thence 3 ou th 57 Do"7 'r UJest 31.39 feet; 7-1- S out. -1—Solit. 31.D4r 3iu -west "/S.LOG o =esti thence _8.8i -=e -nsnce (7,130) IVo:77 'I Go 3J'Sor WEjo v� ' i==xi Poozz' 21 NEST. _ .. ..,. r. D . _ _ _ -.1 $1`08'03r' Obest 2ec. t ,nence =133) South 2i:`L8'57r' west ,3 „ _ 171.50 feet; thence 03=35 at ' y _ r� rr `7 C_L.D7 =EEL' thence LIDS S•JIILL S'"DL J7 VSESI (-136) Sour^ 89°39`57`' West _{26.55 -=e to d1 �q-e in 3 boundar}r Of M.City of Santa C_ar=ta at thesoa'�^westerly coffer, oz' .act No. 56569-03 as show=. on M*filad in Book 1227 Pages 12 to 17 iaclusivel Of said -Haps; thence . (il37) leavq said boundary of she City of .Sant= Clarity a?d alo _q e North 00'20103/1 West -westerlyh e of said Tract No. 656:-03 -ein zt -ne Y7ESt.QUartor corner: or 628.5° feet to an aTT!gle Point the: said Section 35;. -thence (2138) continuing along last said westerly 1_nE North 00.019154" West ' 162.85. feet to the most. northerly wine'_' OT Lot 4 o2 said '!'`act 1%740 .. 96564-03; therce (h139.) along the noruheasterly line of said Lot 9 Sou^h 59°2.0'12" Bast 136.25 eEt to he most westerly corse of mot 5 or sad Tract Ivo. westerly ie o. the land. 96564-03 also being a point on the general .s. Y.: �9D4IF\A03D DOCK\ vrx":,S�TScTS\BOW `�r.araT__S�B582 37�. DOC t . ATTACHMENT"A" Page 17 of 40 ,O'.cEC�' ed in deed _ecordec. NOVem�er 30, 2004 ZS ?IIStr'3Ilt9nt IID_ 04- . .: 3'085167 9f Offi: `-1 $eaords� ^n , he office o -f SZ_Q' CDLRt�% ,?eCC�d.Eri, heIICe .(L140). ajong Said general westert-V 1=ne the T0110v?D._or CCL'.rses' .1'.02: . 22°17'45" East 83.42 eet; theF_ce No_th 29028'59" East 8.6.89 -feet; -pence (5142) North 53048°23" East 42.99 feed; thence (11=3) North 22°30'34" East 40-26 feet; -thence (5144) North 25905137" West 22.96 feet; thence (1145') North 290,04'32" Bast 92.18 Leet; the^4E d (514thence 6) North 38033 20 VTesL 2,7.3 _ (L147) North 04°59'09" West 34.35 fe8ti thBnCe ' (5148) NOr- SL c .Jr (sit_,) No tk 07°33'51" v°est 37.03 feet; enoe (7.150) NO_Tt^ U6°36'5%" East 51.05 Wit; -^=nCe . 7.1. J11 NOrth 36'45'55' West 14.43 .e?-; UIL jJ62) No.th 22009'43" West !'S:19 feet; _hence . .... .. ..(11-53) North. L1 .42: .D 8. iJes= 13.5'2 _ e Betr. (135=) Nerth 27°51'25" -Wst 67.67 et; i•15S 11ort11 480t8r Ol,r 'West ?2.84 Leet; thence (5156) Ncrth 71'05,15" West 35.76 feet; thence . 0157) North 56°32'18" W=s 17.20 -feet; thence (1156) North 02°55'06" West 9.54 feet; thence . 115 '1') Nor_h 38°04'32" East 16.20 ---et; tae ce 7.' h ° �, [ it g. 1 0.99 Leet; Thence . (J_6O),IV G -L_ JS 1, 2 East (1161) South 89052752" last 3.18 =eet;ti.ace (51 62) Soutn 48°01,40" East 31.06 -feet; thehez (5153') South 36°01'.10" East 15.62 feet; thence (1164) South 70°24135" E2st 16.31 feet; thence ' (:,165) North G8°56'51" Bast 9.01 -eet; ti-II=nCe (hl 6G) South 84°.t8,15" East 4..74 feet; thence (5.167) South 63019'tl" East 7.04 SLeeL; thence (L16V7) North 82V49, 2.L East 2-16 feet; LhenCe - (L169) North 53°05'15" East 22.35 -feet; thence X -:w} mllgwoaD DOCS\LSG-DLS\EvUs _s\3000 8}'__3i -'S\8582 EX --DDC L j ATTACHMENT"A" Page 18 of 40 i i7G) No_ h 73 6 \°20'`L" J 5L _aEL, "ne'_tCE 1S.g7 _'eet; thence '53.72) Sou—ft s.. _.._ 33.73) (-J! 14) N= th Saet 7J'26'2Y Wea L. 20.66 --I LAE�C i 76) NC=LII 21`S2158" IWest SO. it =eaLi tIlEi-De (_i.171) r V0--�r. 35" O:ES= 27. Q3 feet; LhenCE 63 _ c p0 -n= On '�h= SCL'=0.1c-'1V r-1 - h 25°"-5''228" vest 73. 3 _eEt, io _ 12 6 ,L 7Sj Ido_p_. - rap `ii ed BOOK 3 0'_ m=act No. 46564-04 as sr.own on 2 in^1ll51Te: OS Sald ivi:P5i t2en CE -Danes 16 to 3 a._ nd along Said. 1�_ ri r_ sa_d eIIE 1 ' Nor`..h f at 1.018' 302. West 07 .Sou-_e_T1V __A= OL .L ws ' =ex_''' :ne d- paid -fact 1Vp_ __ (?,180) along est sad was, - line and 50 % in �l-1g'_ 7e le 3001 ry2L'- pageS =o J .. ?VO. 4;561.' as Sh Ov:n on Map --_ d -^ ',-,_✓_ ..___ cr 9' 5t" west - -` O= sna�_�s Norte GO _ -^- S= d -Section'-35i. ne'-,`-e. ...-. _. .. .. _ 5..-d n0'uhErli� C- the f10r-L1_1WE5= Rti:.---'-LeY C_- 2181) along the -- e_ e- to nortywesu co- .85°tirZo Bast 26 5-"" 06 - - '. Sectio= 35 SDnth . .Di the nortkle.a$t Cf�12x�=er 02 acid JeC`L10P 35i n -"e i nOrtkleaaL v^.'anter SOiltr' •lin = sa_3 (y'1B2) along the nort.-ez.Ly e Of _ d Sec�lo 8 26`3 tD tie 10Yi-''-'vieSt CC_ -cY 0_ s^_ .. GJ°1.1, 3Dr� .°.+GaL J .J`7 _..... .. 36; thence D�...aid Section: north lint D the no_t?lwest gnax-e_ 01 63) along the corner Of 36 South 69`8='5i" Past 2556.82, feet to ae north caart2Y said Section 3u; -thence. said sectiD, line os the northeast qu=Yte_ ox. (I.1B4,) . alDng..+4e noy'=h _ do lo" Ez.,` 268_.67 .eat to the- norchv 3st coiner o se: d 36 Sonth 89'-"' `` section, 31; thence.. aid Section 31 (Z1@5) :along Lye West line of the nr o`Lhwesc quzrL__ ox s.-. SOc .00'31x38" West 1357. L_1 =eet Co tile. nort3lY?eateYlj' COrne-T .DS GDVern'L\\c;it loot 2 in Said Section .31; . ynence X: LSDT_'3h �W0:7 ➢DCS\�oG`<a5\�...�-8x85\3044 Jia--s1CS\e Pia'H..IJDC., ATTACHMENT "A" page 19 of 40 is (y18O -c lOT3y she IlOYLh 111E 0- 6c_d !,D- 2 South; E8"" "�D� y5-C 1226-9� . •4 T sa_d .�D- _ Lie .. TeQpL t0 the 10rLheas .. �erlV dosnes, c_ .L Ll-._l (Z,07) along the east line ofL said :Jot 2 $oL'Ln 00035'21" West 1351-91 .. _eEt t0 thenorth 2-"ne O_ 'y hE south-west Quarter of said $ECtiDP 31i thence east 1319.95 o to (L188) along last said.lorth line South .88059'30" .ane 'center D .said Sac---on 3-1 -hence. (L183') alclg 'nE eastsaid sou-hwest cruarter South DD°35'11," west 1345.37 =eet t0 the sD'St Wester_V Orry'= OT_ p- cel Hap i 9 i a -ile D 31 and. 32, ' 0- dao"' o, 1_„_3. as shoarn o• MaD _ din Book 55 ages I- P,aps, in said oi_ioe oX. the Co_Ly ^el map and =_lona the (L90) aiDng tee SaIlcn line O_` la t said par j scuth l_ne of Parcel Map 1dD_ 5827 as shown on dap --- u Book 5_S c"G -75� �aST. Ll7DD.7L t =acre 17, of said PE=cel haps SVC= 89 _ west line 0' last Said parcel Ina?i t-r'-eT'`"-= •'JD4i �n �D'28`D3" 7'-as t 737.72 Ycet 'i.0 alone last said west I �e . to^c SO':y rl 1e oS last Bald . .. - .. _.sOLL_h.--. "L.. at tO ".'•o Sou�h.85�c29,_76 567 9.�1 O�a i_n-..Sc1d the eaE% p, Of said Section 31; -?enOc . (L193) along last said east line South 00025738" West 500.60. zeet to the Pc t o= 3eginnin . j C'oataiT_ac 24,72.88.acrest more or less. zv'Xa.DOC X:\2Dl n? \L7o-m D00S\MGP.1S\:XF =<TS\73000 ExraBlTS\2582 i ? t ATTACI I M ENT "A" Pagc 20 of 40 i I'. pal— t m� d Fad gs a K 2 .Ca y �6C 9 I'. ATTACIIMEI\'T "A" i Page 21 of 40 ATTACH\4SIQT A i of i1 _ y,. �1\T!\�3L�TIOlV N0. ZGI-0-Oa TO TM CI12 OF SA?QTA MLRITA (SOLED�.D COi\SMOIN S . at _� r' h 1151- Df Sectio_ 1Dr ToWnsh-A '9 No ' i, 'j'}7_� �Drt=O;_ D_ the n0_t__ Range is West, San Bernardino Mier-lai n tole Count jr. 0I LOS 7ngeles, State Of Cal_-0rnia desDrihed as'D1lDPr5 Be a7ing at the point Or interseC40n Of dile We5Lerl line Of the g-__. - a ..�-ter: ;na 'r northeast (Tlartcr Of Said SECtiOIl lS With the ..e_+�-_.---- Dr "=t210AE Valley =re='v7ay ('State P.I gh-V;av .ld) , SFid -poi-Tit bc:��'1'� OP_ e CUrve concave SCUther-ly naving a radius of 2000.OD feetr z rad_al .line through Said AO].nt bears South 07°19'43" Vest; thence {C1) nor+h ro^ 1 r 1 CBl ter i i e .and = i ong Sa=C CL'r Jc .. -wrest .=_l along SZ_d t 7�0i1S}3a Ce'.tral c-nglE .o_'D'�°JD'16r• arc fi1SLZ'"1Ce. O_T Z`�'.G� Teat' thence (L2) along Said Cent2rli_nE and tancenit t0 Said -'CU +e lQO h 62°�5r D'_rr West 554-69 teen tD t!1e 'JeG=n--ug of ? t__n.gent cargo s 20()0.0D feet; thence Concave SOU t!SErly having .a radio Dr (C3) We5terly along last sa-d c"ar\'e• 'amd along said CEn �ErlinE t_=re. uyl? z l .an aro dis-'nce or 6=6i.. ?7 'IS°3_'3"-Centc.ar angle C- _ _ c ... Sail to feet �o an 7 angle. C.nt 1L the boundary Dr, ��e -+ . lcrt-a a5 tPe saiZe ea•=seed on October Gr 2010; tnenr i.L al n ' 1 rn :^r' li r_h D3'23' L,O,n West �=x.91 =_e..! u-n.an`e _ o (-_) __O__g Scid bounda y �o_t_ - 'kL5) cofltihu_ng along - sa:Ld mu="�_J North 27 �56' 30' East 2'01. J5" -E2t t0 a -point at the be ?r ng. Of ,. non-t?n!gent CIrvB Gonca v,E f radial line south-westerly having a radius of 1!50.00 feet, a tbrough last 5ai.d AOInt bears North 1D°25r1'2rr Westi thence (C6) southeasterly1ong said boundary and along last Said curve through a central angle of 67°39'39" an arc distance Of 1209.06 'feet to the northerly boundary of said fxeelazv; thence (i7) leaving said boundary of the City Of Sita Clarity and along last said northerly boundary North 84012152" Rest 32.34 feet to the T_IrSt above- 'described ivesLerly l_nB Of the northeast Quarter' of Section 18; thence 329.96f � (Z8) along said westerly l_ne South 07026/53"east feet to the point of beginning, Containing 13.21 acres, more or less. n OF. v: \RD1iIW1N0rtD RODS\i:nC?SS\EY.in3.^_S\DODD 3'SH_TBI?5\E550 M�3aO;DEMO^P^ G < i s >>CA a I ; ..= .• Vii' oo W u no rl ATTACHMENT "A" Page 23 of 40 ATTACIRV ENT A J E CL<PITA Ahr0.20-2D TO Y\A=NNv " �rTSTA C ti? 1'014/F� IRO?ISS 1 JA? S WAY". 'Those po=bods of Sections 21., 22, 23, 261 27, 28, 34, and 35 n towmship 4 North, Range 15 Wast, San Be—=ardino leridian tO.getnez with a po_i.iOn o= Section 2 in 'Tooras :ip 3 North, Range i5 West, Sar_ Belzierd=o Earidia: , zil in the Coanty of Los __ngeles, State O_. C31iPDrni3 described as a rshole as follows: 3eg'nr_-ng at the southeast c0^aer o- szid Section 28 being a PO' On the' 50=, dAaTTi Or t 1E v' Ly o� S^T t^ C=a"':.L'c .-'.j L_he j3nyc ems'=sled on -Janar_V d=. I� QQII) hpence along said C-tY Bounda Y the =o1lu-'Dg Ca7L$c5 and ct=eE: I. (Ll) South 89'04'33" West 2634.89 feet; thence (L2) North 00°'4'39" West 2570.31 f=a ther_ce (L3) Sour= 3).SOL_88o 08'509" Les_ 20.80 cSe-z,• thEn ce ' (4,4)"'wo=tii'46 27'40" has= 392.66 _eEt; thEnc_ (.LD) North 00'35119" vast 2/2.19 fmE-; the Lce (L6) Nor 39038'?5" West 503.81 feet; thenoe (4,7) North 60°07145" West 232.07 feet; the= (4,8) North 71'19'50" West 102.46 Peet; thence (L9f North BID '13'23".West 231.31 feet; thence (Lid) North 76°56140" west 542.10 feet; thence.P. North 68°16'54" west 118.05 feet; thence (7.12) No'r'th 89°06127" Last 1127.06 Peet; thence (113) North OO'1O'33" Kest 1316.51 feet; the7ce (L14) South 85'56151" West 454.84, feet to the centerline of Sierra Highway as shown on map. of tract No. A3510 Piled llr book 1078 Pages 9:5 to 99, inclusive oT Maps, .in the office of the County Recorder o` said " county; thence • eo X:\R7?42Pi\AO3D DOCS\LC:uS\�:^ISIPS\300D 3XJ`1LbI33\E661 EY..:JOO ArrFACH MENT ,,A„ Page 24 of'40 eU"03`C7" 3a5t 26°.7C 7-C, :.. a CC9CaaE north w'EStcrl]` -_ __ '- .. 0- or 00 nDsc'n>a_ er"sp a.'D"'a sc1C C0IlC6S_" e 21 CL'].S central rig_e of 11°GS''0'G''' 'arc cl.s ance cT. �hrUllyP a LTi E!g c' ]L-`jl'I'S__.!g OI a L�r�Q�?J COLLJ:i w"!d^.L'=lrc COP_C3 v'�. _alias cf 275U.U0 `_aat; t e_ee -en' eCl_'ye aIle _aoJ Sc-Cl G'L:T7E (C_%) CO'i_i-EiI1CJ Ss:;*Lhc2.'.te=1_o c10.!.� EF_ld - L8-^92 _5c'_• 'O`_ G1 V a C J_ g) 1ea-ing Sold c teTil c d J-^--ta 087t -0 2 SaSt S -Q. CL-vE Jas- 207.97 ..._.,.1./ (i.la) tvo_�i� G7`37`5„ mast OD Jng !ad s:":E_-a=y_`?Uiaj% on sale: Car"va COr!Ca ve Ile ".S" _ail _=3!E t1=o1�=• sclC 70_c!L A=-S ... 2!-50.00 E Lr = .aoz�^_azs:�e-1 Bald. .. _ .._.. QF ..stake - _tial ogl=_ o DS°3n 2,r arc an i _ id -= e •^••-; _ 1�'lLG1geP,.L LJ -Gc l_ Sa (L2�). CCS t'nL�g C10ng sa-a cen. —c_ c GLG North 2002315011 1a5 231,4.4 feeti thcnCe bast 2270.20 fEet, �henCe. centerlin= Ivocth 89°16'02" 1 (L23) leaving sa_d �_� = n NOay 00°07r 4.On Hsgst 557.93 fe$t LD 2 ADir= at tP_e Deg-nn-1,79 C= -v;ng a rad"_us O: 9700.00 a no_-to^gent curve concave horther_3 c - radial il2ie through last said point ,Dears Ncrth D3°a1`25" Thee ; t"ence (C25) easterly along lest said cusva t_^_rough a eentral asgje o= OS°23<37". r e"t• thence . an arc distance of 913.12 _ = r 802.71 feet to (L26) r_on-tangent t0 1=5� se=d Curt>e SUOth 89`59'03" - - z. ; h _ 1 Valley Freevray (stat Rig lWal7 a ?Olrit .Ora i-1?E CEn�Erl_ne O.L J e Ante - •feet a r, 1�E:vi1] radius of 3000.00 r - .14) On a. CLrye 00110,4a S011Lh�aSt-E_-?r g d" $csri tiLence radial line LhrOug'n last said -0c)Dears South 5.5053'4'.__ X: 1+'il*=N\W03➢ �OCSU C--n'K1 T-SITS\9000 3Y5=]31T5\Ss51 :!L4.JOC 'L. ATTACIMENT "A" Page 25 of 40 r a rl 1 last 'C=Merl i nE and ash sand CllrT•2. . (C27) no_the_s_ev along st sacd - _ trxough d CBRtral angle Or 26°46'51" man arc G15L aP_Ce 0= .1502.24 rEELi thence (..2B) continueling along last said Ce--'fte_11IlE and tangent t0 laSt Said curve North 6D°53'07" East 4130.DD feet: Chance (L29) leaning last. said centerline Scut: 00030'30`1 v;es 124,1-76 _eet to a Dost at the 'beginning or c non-ta lgant curve concave northEri-Y Carllag a rad ll$ O? 12DD.DD"feet, a rd 8l line tN Ough last sald pont LearS North, 02006'19" Nlest; thence ang1E Of 08`53.'18n (C30)•wasterly a1cRg last Said Curve through a central an arC d,s't-ice O_ 180.16 _eet; the':Ce th D2''_B (L31) non -tangent. to Last sc10 C r •e SO tprr East 800.4_ I; Lne ,oma . (L32) Sout 57`48'�D" East 205.70 feet to a aciR at LR? b % XIM-lig v_ a Dl4 3 fee non-tang^ant Curve conOa%B sOL hvGS Lc_11, .!"iGv g d _a.:�Ls Of 2.. B✓ r .. -.°12'26" nasti a _ac_cs l_ne L_T'011g_^ last said 70int mica='s DOLL^ 2.. , Cnn trai a_^ .tile O= h -�crl a1 Og last SdiCi -7E LrrD'agh d — ._cLL, /Drr - ' -,. _. .. T 'e -t:. __OD..__.__J, ..cn .ar.C. LSLP_CE .O' 38..00. 7 _ n South p 2 ^ ..non -tan PT_ 1 �' Ve Sou L.h 0D°30'30" Tij _.-4 _ G"�L•r "_) g_ LO ash said cl_— thence (L35) Nor- 89°4,7'00" Zas- 1713.73 ,feet; thence 5). (L'�a South 23°DB'22" West 631.01 feet; thence (L37) South 89°.42125" -visst 158.00 teat; thenoe (L38) South 00'35'25" West 9B3.76 feet; thence ^ 1�9North 89`42151" east 109.14, lee to a po_nL at the oeg"nTI_ o. a I non-tanger_L cD=V.e cOIlcave north6asterly ha\1n] o radius O. 1620. DD eCLr a radial line through last said DO -1 bear .3 Norm 82`33'D6" Easti.Chenbe i last sa_d curve through 'a oentral angle of (CSO) southeasterly along ; r li°46r59"•an arc distance of 374.29 feet; thence (L41) tdRgEnt to last sV-d curse Souter 1JD°13' 53x' East 120. 4, 4 feet; ther_ce' (L52) ANoZth 89036'30" East 110.05 feet; thence (L43) South 00935x25" West 182.50 feet; thence (L44) South 89°38'30" best 350.DD feet; thence X: \.'ll72.'IMVIM 1)CCS\LEC?L5\EXh?5I_S\6D00 :X_eZPS\65`°1 �% .7DC \ \ ATTACHMENT "A" Pauc26 of 40 GU°3E'35'! wEsSt -G- 7 =hence oG =eet; thence (_h6) Soi_tn Gc°Gl'-7° N'e5t 5-60. - 0 st SU -9.37 E= _ iy.47) S'OCtP U6`36' 2" - _ on u_ ee c_n e:.sec _ w ft t0 a P c JD CtE CORte=� WIle GI Canvon RJ2C a5 SY!DWIl. O^ '•�•'��"_L� L"-'�_ -. r.. ^293-2) C. _ae 1R ne G -Zi LCc 0. i�a� NO. --c3 shEet 7 ( 33 _ of cusa -- ' d cour.�t"y, saiQ Po" be - sal c Cli=4B CORC-v SOR -^-8 .. . ov=.yg' pi �00.GD -- =long 'last said last said SOULIl47asLeLyP ai0-g _ 36°_7r f0" an arC, throe h z central a2gl 1oa;i�y :, 00a=ses, g stance of 316:?3 =ee'�;t-'ence. .� _ _ _ _o th= _ ° c, us .^._.. v0 lasL s''=0 vL_rFe JOi: LR Sz - 2 _ en: C._'ve COngava �_OrL__w Os a - . 800. CD _'tiGlt�re a G nL. alD= I sOut_Rvrester-'V' aIORG ip-_r._ S=id Cu. w 16°03'00" an a_c distance o thEnCE 2991G feet; , n- ?eel 'o the !_ =9`_ _ last. sa O r�?. a. $O _L- .... L_.y.._t LO ... _ G =c n is . ..ave sOIIt_:easL=_r-y a -th 9 O: c Lange='t CL'vc 1000.00 feet; mance - '��r011gh a Central a='1e 0I i y •a10Ilg last Sa=C. C17.xTo . (c53) aouth7este_r_ Chance 17°/9r1Gr' an arc distance of 311.01 feet` fe_LLo a (LS$,) tangez-'to last Said cuXve South 50056'0 0'r V,-, 684.39 ?arcel '_✓ate No.' 7096, as shown on map pot t on the east IV DO"�n--dart' Ds o^_C_,l lial:r5r =-'� SG_A 08 Dag�s 33 and 3A inclusluer o_ - filed in 500];.-.a.. - th ice Or Of :Lne !.1ouF!L iTECOrdarr' og6r 27n Vle5t `L1"�.. 3"1 feet SO4tR DG (1,55-) along last said easterly boundary o een0e to the southexly boundary of said Parcel ±.an No. 70 5;. t. - - (�56) along last, said so'atherly.bouindary 1Qcrt? 8°'30'0=" Kest 667.02 =eet t0 the iJOii]t of intersection wTl`'..-1�' 'elle weStErly 11Il2 Of the east half o=' r-ur Of 'Ch2=lOrthW-St OT.Sald: Section. 2 a5 . the southeast aua_Le ry 2007. as instrument no_ �Il' recorded Jul' 2r - described in ,document X:\.'�..'*---'F�WORD DOC6�E.:SC?S'S\�-.-3IRS�800s 3TTsIB='ts1856? nY�.RDC � . ,a ATTACHMENT "A" Page 27 of 40 2007165494i of 0._' tial Records, "in said D=_icE Gi ue Co -y RecO Seri thence {L57) along 1251 said WestEr1V lin;, vOLth DD"LB'S5" Nest 318.70 _Ee� to th2 P01nt Of 1n=erseOti on Vji—,h said oenterllne-of plaCerita can-YOX, Dad, rad Ls. of 1300.00 rbe;-rg c VO4 On a CLrlre .concave VOrt.lh+e5te--- ❑aV_ y ,- . 2 o21 tel , Ate, scar a radial line through last said point '-�23rS North �_ 42Sti thence (C58) sdL iwes tEz iV �OhD last said certerlinz and along last said cu SrE ° 'l , 33" an arc dlstancE Of 711, 90 =BEL to thrpLg_1? a ceT+Lrai angle' o_' 27 1_ .'.-. 1n the _Joint OI interSEOtiOa With the Westerly 1128 G. ^E lend•desc_r_' -. ro r'_,•- Lne 07 2006 as '-r!St_tii''lEnt no, 06-11233118 Or Ja_d S.OL'LTme_.t CO_O�^ J.'' r ReO z:6-; th,-ce 0. 1c1�.-1 �,.. .. =eat uD +c., -.__l lirw ' h 00 21'_A NIe5t 77 _. 37 1+..s_nr_V e SOL --- (L59) along last�sa= , • thence. t}.1= north 11n2 O- t soLtTwe5t crl:-rLEY or_ said SECt=o'h r _ . (L•60) elong last Sa'd' _^_pr-�^ 1_ie SOLth BS° -3( 0n R.ast 13,98.'_21 _ EL =D ='le or said SeC_-0=; 2; �rence nor -Feast corner Of (i _ clQil the Zest 1117.E 0' last Sa1C so -Z.— Tact X61) - 9 :odes _13A7.98..`eet. to thE.nO taea5terly corner D_ the SOtit east v ar e a?�CE +'ae soutn-vrest a%�ar _T o= said Section 2: - . des"rllled _n do CL. ent (L62) along the southerly lyse' G- parcEl 3'. as - recorded August23, 2D04 as lnstrunEnt aG. DA -2190843, or'Sa-=d 0== d' -al =eet to the easterly line or parcel Records, North Bg°16'92" nest 1338,36 _ ^'d �Drment rECDrdEd Zugust 25r 2004; thence C as desC =.-q in said (?.53) along last said easterly line Sou h 01002,22 " •viest 1349,36 %eet to 'me SOuthcrly line O the SOL�i.nWESt Gua'= Br OS said Section Z; t!18n.C8 (�69) along last said southe"'l J line North 89°2D'l0'iM1ost .!>4 8.56 =< t to xl_ th onCo P. the '5outh'4est corner OI Bei d. SECt10n 2; r OT said section 2 (L65) along the WestBrl}r' lire o= the southwest guartE_ 01°28'15" East 2701.65 feet t0 u'?e WEs`L quarter Corner Of 'said'' 1 North t _ ` Section 2 being as angle' point Dn the j001'T?QarP O. t552 City OS Santa Clar-ita as the same ex: o:.1 -January 31,.2011; thence ! (1.66) along said City Boundary the --following 8 courses' 9 i North 00005130" East 2362.51 feet; ;.hence i X!\FsDF3N\TAD2.D Von \7 81v�3T-Ts\8�e1 :Y5.➢➢C ATTACHMI:NT "A" page 28 of 40 ^9.89 en e -ce 239 ~-'n DE`1 '2D„ idesL.i (LC9) 1vc___. OS„ GPesi i p.2G_fiance (i7D) Na_ -h GE - feet; <F-; hence 71) Sou h E9°!1'09" ihast _ 32.9 e - - ..�1.99-er..L� -3IICe Nc==� 05°32'? �„ -vuest ':�., - _ Bg » JCl IN B 1.✓Y?..G_T—r1Q �'�. �—i �L —Lii �`v�.. Cid IIIOYG leg¢ � 1 m5\8000 Ssima\G56 an :� X:\?DL�N'\WOaD DDCSU`GHT�S\�-'•'-3=Y.Er= \ N K1 n' N N z �6 NGS, fq i Dn N? L z� v a 4 u � RDD t; m G O m r D a i me ^ ��s €9 '_. ''€a_ 8= 806 s &€BDA 82'nm $�� Efi6 m w. c600p F cryc e z - n n .. ntt to UN,n�nnn °ttn NSW c 1 C*1 I � L _f y" •• � N �n Lo 7 o W 05 c {7 f•;. b G7 m ci N N K1 n' N N z �6 NGS, fq i Dn N? L z� v a 4 u � RDD t; m G O m r D a u.A@ R Do ^ WI W ;� HE 3e' 0 So- za 'eed"a" n ell y ase s 00 ax« RR E R B Ogg g -A'x _ OM. o l HER ��E �o� =fin& a= � eeva GBe ssa �B€€fid 8 Gbh 6=1 0 s° cE 6 s v° I�Ipg a ..nnn nn°n.`�. ran nRsI nnn WAR nnn m I yl� cIm M�4 ATTACHMENTcW" Page 29 of 40 0 c II L.1. 4 • � U a 'arc Do 8 B S o btl o`R ^Y"^..+ ' oo 00 r o oo'oR :Z�oc Do RRR R9 D°.E i 'F2 R. _ 0 o R . 2 .RR R RR x " -. '� �-°" '82 S EesE� '� " g :? 9 Ef Es 8 8^0=6 §Svc",ad 60 $ p§s °�.:. am C'B'8 Egsa °a �eq"°=osme== sR c"ss ar aW a pets e� pe a HHA §' sn nryzNIf p 5 n: �atn a „s; sKa WWIsA �NAN sax Am nn, nn kNN a n ntt n n ofi ��S E 8 8 v crr .o oyn DOD o o :rr Eo 00 `coR o t' c^" "^" ^33 S;E 'a Go "Sam 8 a��' BB _cp 6°.6 _ � ecce -eve IIAA IV _ _'"uSG oopq SSB os. eoSBS^op ego 04 opQ 4 $BBB? se$C7$8$88$ BSa$ Be , E o '°,es2'c, c§^q'4 .'.,� ery� �nnnn nH axxnnntts n xg ttnxn n nn n. Zoeen a a�n,s.xars�.aH R:0R cp S a an0 1nnn� m."."rWV, Kn .. n RDD i me ^ ��s €9 '_. ''€a_ 8= 806 s &€BDA 82'nm $�� Efi6 m w. c600p F cryc e z - n n .. ntt to UN,n�nnn °ttn NSW c 'arc Do 8 B S o btl o`R ^Y"^..+ ' oo 00 r o oo'oR :Z�oc Do RRR R9 D°.E i 'F2 R. _ 0 o R . 2 .RR R RR x " -. '� �-°" '82 S EesE� '� " g :? 9 Ef Es 8 8^0=6 §Svc",ad 60 $ p§s °�.:. am C'B'8 Egsa °a �eq"°=osme== sR c"ss ar aW a pets e� pe a HHA §' sn nryzNIf p 5 n: �atn a „s; sKa WWIsA �NAN sax Am nn, nn kNN a n ntt n n ofi ��S E 8 8 v crr .o oyn DOD o o :rr Eo 00 `coR o t' c^" "^" ^33 S;E 'a Go "Sam 8 a��' BB _cp 6°.6 _ � ecce -eve IIAA IV _ _'"uSG oopq SSB os. eoSBS^op ego 04 opQ 4 $BBB? se$C7$8$88$ BSa$ Be , E o '°,es2'c, c§^q'4 .'.,� ery� �nnnn nH axxnnntts n xg ttnxn n nn n. Zoeen a a�n,s.xars�.aH R:0R cp S a an0 1nnn� m."."rWV, Kn .. n ATTACI-D!LENT A LEGAL DES'C'RIPTION A7�1v r r TION NO. 201-1-26 TO SIE CIi 7 O' SANTA CL_A-jDJTA "SOL J'H SAD CANS.' OY' . parCcl l; AT7'AD-wl N'f "A" Pagc30 of'40 NOSE pOr.ions SEC .Ons 1!. 2, 11 anal.+. t2 In. �OW� S'_`_1p -3 �1c=Lh! _ Range 15 • West: ' Sam. the 6011 =t_V Gi 10 O,' 1 � j,ngEle3�'JtatE 0- r)=1i.:, rn des..r-;]e'' as _ __Oh_' l .... 3egi�^ing at she Center 01 sp. on 12i i_:�_ „I," �l'nc he northwest ..{U.^..1 L_.— S•G-Q along. thes0i: y .- . o 88 55'// west llu2.+_9 feet t0 `hE wes=erly line Sectio= 12 moo- 1 dascrib'ed =-1 document recorded -:ari1 26, 1:94 as of parcel as instrunent 94-616523 o- 0_ficizl Records,. in the office o- the no. County Recorder of said country; tnt2nce (L12) along said westerly line North 00°14`23" Nest 2659.32 feEt to the smathwesterly corner of, the soL?th.east Quarter Of the southwest quarter of said'seetion 1; thence (13 along the westerly line of nafcel 11 as described in doc�anent.: recorded 22, 2005 as -instrument no. '05-0943295 of said .April Official Records,North, 00°19'41". Fast 1372.20 feet to the norLhwasL'er1V corner of said southeast quarter of the ,.southwest quarter; thence (�4) along the s0�therly line -of parcel 1 as'described in document recorded. April 22,. 2005. as. .instrument' no. 05-0943244 of: .Said X: \P.D4^iN\viOHD pDD3\iSC-.%u'S\a'}�•9-S"S\8D00 SYM=S\8562 ZS DDC ATTACHMENT "A" Page 31 of 40 8ov rgjn. V;'eSSouth C a.' cgg?eelY 1 EOof" the southeast quar"�,�. ,o Sal JeCtiOn 2i. t.L1enC= (�5) ,along last said BcSterl_V line Souti 00°23`15" Tldest 13='5.26 -Qe� to the southeas'erly corner o Said Section '2: th=_nce _ r thgZrv.n— O1 58. O (L6) along ahe southerly lino.. G= - 2 _got to 'tL1e ea Steely li-'-`�' O- Section 2 ldorth 89°20110" Uiast 674. 8 _1 22r '2005; - el 5 as described in said docu_men recorded ' A. thence h 00°;711811 West 1346.09 . (J7) along last .Said eaa�iter 1 v 1=ne Sou_Yt 'eet4to t -e sosthe.ly line of said parcel S.;.thence -'n E9024'23" i%nest 138:50 �,�8) _lorry -est safe soutngrly 1-ne No0. �-- el G-;�Grcel J � .•SSenGe tp reet °17,24" mast i�_7:75 d ne th 00 NG_ (T.D) al p -g last Said i4c5 tgrlV �_ .O;' said. OLa_ feet t0 thg SOutL'terlc == e G. ... Section 2i t?g G °20r jGrr RaGt -337 -4 . iv10) a_ong last _ soL�r_ __v _ �.. a 1�b_a __d South _ _ .. .._.... cl S des ':n S^� 2et t0 the westerly. I Il doc-�eZi _=cosd=3-Pr=; z2, zoGS; thgncE =•St 34 0 . (Lil) cIOIIO''las= Said v7=sterlj; line North GG°31r3Gn 'f 6e G `2e to the soutbesly line os parcel �s Ggsci_b 3 i1 CO Cluitent 2 2002 as inst_ument no. 02-2 011018' Gr, said recorded December 0.ficial Records; theroe (��2) aog last said souLherlV ire Norte 89°l6'4i" west lnd 1009.49 re@t tp t11e 'vde5 "u'-'"1 \1 11no Ol the i10r s'C Gl.'•c=t2- 0= Tie sou beast quarter o= said Section 2; thence �a5 (y13) along last said westerly Line lvorth 00°35'.27" 1^ a-.98 feet to the nOrthea St corner O- the SOLt1"!"v*est gllar%er 0.1 sci d 'S 0.Ct10n 2; thenoe.... 1 Ot Said SOUL—West .C�lar ter O7; (L!4)' aloP_g the ' northerYa 2 ly the ;aester'_y line +r 13,28.21.:eet., tO . Section 2 1\orth 890 13r 10 L; st g; �F�k �i\w0°,n 7nOs\L5C-..:Ls�azE=3T_T_s�Sa on s,.+�_n m5\e562 j I ATTnCHM ENT 6.n,• Pc,igc 32 of40 7. C- tle I descrihed in dacunen. recordedJLne Ci, 2'1)(16 as no. 06-1_J3=�_.B of SaiG _C1a_l Yeco_ds; tZience := 21Oily12St Said wester_. y 1'_ne and DrOSOnyatr O?7 iVOrLh'DJ2St 77�. 67 feet .: ply^= o^ t`le =_nte=1_ne of Placerita Cannon Road being a point on a cu -7.e COnoaye 1:i_�Y14;aiB_1 V nai*_ng 3 aC1as Ci 1500. U0 feeta _ -.C.=c 11r!e tlroagn IASL said Do'IIT, bears North Do°10'01' V1=s—; t}'een:e (C16) northaaste_>v alone said carve and said eente=l-ne ro`ogn a Central angle of 270ll'33', an arc di. once of 711.9D - LO point. On the westsrlV .Lyne of she aaS._. half OI the southeast �.c_..eT Jf -�ne nOr=hi4cet y�a_'Uer 0- Said Sectio=! 2 as oeSCrib=a .-n T. doci*Ilent ecOrded JL1v h; 2007 as ins -r _➢eIIt n0. 2v'D716O'=9^_1 D. Said Off ___Cia---HeC,^.rdsi LL_eLCc I i.17) =long last Said weste_Sv _-ne,,Norza =cc� to a Do' 'an cne SOat 'crlj' bounz1 aryp or 1V0. 7096 .. .. .__-. as shown on map __=ed in 3001: 1Pages 33 and S ---` 1n said offin= o = .CO-=ity Re corder; Than �J16) along last said soL__.T1. 'Do'mdary Sg"ian 69`3D'D=EBSt .6067.02 feet to the easterly bolmda�-v of said parcel Nap Nc, 7096; thence (.19) along last said easterly boundary North 00036'27`' East 21.37 feet to a Point 0a said centerline.af Pladerita Canyon Road; thence (i20) along last said centerline the following sever courses, North 50 °56'00" past 684.39 feet to t..e t0 the beginning' Of a tangent 'curve. concave sout^_easterly hay= g a' radius . of !000.60 feet; thence (C21) northeasterly along last said curve through .a central angle of 17069'10" an -arc distance of 311.01 ;feet; thence X:\PA*t3K\xORD DOCS�3GPS5\.3_T_S\8000 SYs5-_-B1TS\8562 MM -DOC \ . a ATTACHMENT "A" Page 33 of 40 Y' XLL2) LangePr to last said cu 've North 68°S5110" mast 165.73 fee-. 17 i P1'�y7 ha -_ng a t0 the bsglnninq OI a tanGent c'• MFe:.COP.CcV2 nRr h�eSL.-_- =dius o= 800.00 feet; thence . _•_�-Du h a oentral' ang.7. "no_theaste-ly along last sa-d cu.=e.t g l6°03'00" do a' -C d=Sta11Ce O' 22.4.10 .eat, i" thenal . - 101.75 'Feet IL24) :argent to last said curve 'North 5242 °'iQ' East to .the beg_nning 07 a tangent �r e Co'_1Gave .SOu'Chea5terly hav^n.g a. raCiuS 'or JOD.OD.reat; theriGe nG'rtI18=5 te•1 along last said vurv.e t,nrpilyh a Ce=:trcl' cnGle. (C25) r Y irl"t on 1 GHQ" : the 316.73 ..� Of 3.60127 an. arc distance 0- feE t0 3 pC -7e sail e. i'.=_. -8d ��J=aarJ " DOL%ndarV OT the r.1L_Y".O Santd C ari�.c as'_ . (126, conti _mc along said enter._ !e and said. bourlc:aru" arca -Qrr east 1072.47 'Feet tG'Fn =agent to .'last s a C'�iiE Nbrtl< $ Ji J �.. .^.c3 -ion tP - said.bpurdz V. on the center'_ine Of 5 , ang_ point said. _ . _. .... ... .. ?nd -Can j;Gn Road �=nt=�7ine of (_f7) .along sa"d b0imda�-v d sa_d ° � dam" -G_ the fo-I'�owing 11 co ses and cn=vas, $G7itn ll D9 05 g8st /J J P inn 'FPet t0 t!"!c n..g____ �_g Of d tangcrit curve concave host Teasterlj% h=-ving a radiLs of 300.00 feet; thence f G ,- + rGu r a cents= 'angle (C28) . southeasterly; along last said L-ve _ �-= 4 of 780451401" all arc distance D. 12.39' feet; thence i (h29)'' taYgent to fast said curve'South.5S`45" Bast' 1G5.C4 _eat t0 the .OeyinT_?].ng Of a LangeZL Cllrve CO?1CaT+e northerly. ha7.:'-Dg ' a i r2dius of'1000.00 feet; thence (C30) easterly =long last said Curve throU.gh a central angle of 2.504G'5011 an arc Q1StanCe of !49.37 feet; thence' . (�31) --argent to last said curve North 64°20'25" gest-213.03 feet.. 'CO thebegiriny ofa tangent Curve northwesterly having a . radius. of 200.00 -1-eet; thence .".: \P�DIIN\i703D DOCS\*..76°:,S\8�:3smg\8060 3Y..?_TsITS\Bn62•g ' v Cor_tairing 639.47 acres, more or less. R=>RCEI 2': Lots 3 and y in Section 36r Torornshia 4 North', ATTACHM INT "A" San Pave 34 of'40 ivexid an in the County of Los Pngelesi'. State Of California according the official' plat 'C!'!exEDf On Zile in the . last said cs'rae t_liD'u0ra a c.=_'n_ra_ a_lc2c C32) n!ort;ieaste_-1v along ljend Of=ice described as a whole as follows: ",41-1011 3n d_$-,anc. of 2 O.r.03 fee-.; � ' - J>_ Tk DrL!-i =i°G6' i?" Etas '�:,. 70 _alt (L.�,'') - _„ sciC .,cr Ed^',E1� 13$'t tangent cur CD27Ca"v%= S011LnEa`5' a LO .he nr'gi_n._n.L:ig of 3 (I.9J _ZU��LIIeiSLerly alo-g '.asr Be --c' can_e,l, n� Q.rl i. l3sT .CiG�u ang-e O-=?°JG'20" c_'C d-S==_i1 Ce 0- Cj`-7e telrClQr _ centra .3P_ 14^.54 feet; dente - �VOr�l aSr ?V .�iL _G^ -L (J✓✓ LcAgOT?: LO 1asL Sa_d c_'r7e J Jam'✓J" -O the i78Cof R, t2i-!gent C :rve COnCHvE 'S OLl t_ncri_, - hcTli 3 _11P_G A ra-�; ll5 Of ADO. GG =eELi =nenCE - . (C36) aasterlV along 1 sL $a_d -_r"e th_oLga a C,-Lraang `:°` an arc distance C l] 6O:_L1 70, 412 mast 103.17 --_ �G - . \L3I) Lange -_L LD a$L saiO r\�e .. tfe W -SE d.2 SciQ t0 L`lc c3St E_iS lice Di -nal_ -ice...--: and'. -'_J"?g 'last said ea:'LE_I _ . _-c Y .JJ L•:_:0._} _ _ _ ... .. 7 . .. iinE JChh 00°1r]'1Jrr West 50 75.48 feet LC Zhe OL Jaid. JecLi Dn l; Lnen.Ce '-3d. '� _h % "'e Of: the no ; `i9eSt �i;3x t2x 0- Sa=R E $t 'Section 12 South OVAL 1 56' East 2628.7.7 feet to the -oOim: .02 Cor_tairing 639.47 acres, more or less. R=>RCEI 2': Lots 3 and y in Section 36r Torornshia 4 North', Range 15 west, San Bexnaxd1.no ivexid an in the County of Los Pngelesi'. State Of California according the official' plat 'C!'!exEDf On Zile in the . Gove--meat ljend Of=ice described as a whole as follows: X: \P_D§ff4:\iJDiD D0�5\blGP.bS\EY3?E.TS\SDDD 3f:''?� m5\BSE2 E�.DOJ `. �, ' r ATTACHMENT Page 35 Df 40 t the sOlit Section 36; heast cOSn' O' said Ence UY` Ejcylnning a ... i_ne o- said Section 36 Sout-. (�) ong the. southE=_Y . V��St 2267 ; 56 -ee� t0 'the WesLc.rly 1-nE .OT sd_d LDL: JY LhP.CE- . 6 ,c BZ t0 (L2} along said �,�esterlY li^•e 1do_�h 03 the north line of said Lot 3; tiAencE and erl"- 1 res c= said Lois, _ 3. (L3) alo ig the' north___y line. o said Section E9048'12" Fast 235:0.47 _eet C -O the EasLEr_Y 35; thence along said c?'SL'c_1_v. i.i-no. South 00'S�'26° Vaes� 103A.�0 =eE� t0 Pont oP Begin__= g. Ll .. =reel 2 containing 57. GB ac= - . a..reSr. r ID: Y. -and 2co �.ain acrcr \3DB=w\A^vRD DCCS\88GAL5\- T-\90DD EX:iT-E-SS\8562 EY,maCC // §/}#G/\/ \/ C, In /� . e;Ln. _ U9 /2:5 / TA olR mT"A ° Paw 36 J3 — {� — %Q —— )§/ \ <( ..� . .�� � . �. p4: . .. { � � • — � .. � { \ . � it I LEGAL• DES CFJPTION ANNA >.T10� 1_tiO. go 11.7.S TC) CITi' OF 5 ?\rT" CLARTI ATTACHMENT"A" Page 37 of 40 '1'hOSE pOr iOIls of ScCt_01 13 End O' the norVR?r'ast CLaer OT_ SBCr_10= 24, a'_l in TOW�SriA 1Nprthr R✓T ge L5 NEeLr San $ernard_no Ne• id3 a! - l the County of LOS rgeienr Stz�e'o� rt.iito=nia described as-Dlllmrs: e._ 3e:inning at the northeast CO rer Of said SEce_on.24; thence . (?,l). along=_E.eas Zerl,_s% IiiE of the nO-�ea3t Gc-==-r O_'' Sv_ Sec.'=0� 2L South 00°'23!25"" west 2649.07 -fact to __=- SOuhmeaS w_SY CO Er OT_ L7E northeast of Said SaCtio= 29, said Cpt_te- ae_r!y a= •LL 'J N ia1E boundary 0- CP_c' S^nta CIP ita as -�2 sate S isLad on Feb'Lard '95 -"I;. shenoe _17vg courses adC .;v Boundary LheOC=Kesj .. 5'01_1- BS°53' 521' Viast 13-18-81, feet; (:1;3) North 00°=6f2Br' 7aat.23A0.95 _eaL L: =an%e (7,4) SOlit1? 70'26'o5n Trl=St 6=0.20 fEati itt r (15) 1North 1923315511. West 367.72 feet to a Po - - 0:.a z Cu=va cc_Cavz northwas•taru ovi] a .ri h g adius of 1522.47 feet, a r>� al i-ne t_roagh szid r 33°11!02ff West; thenCe ' AOin_.t� bears hO." n t_ , (C6) IIDreasterly along said Curve ArOuyll a Central a gla OT_ l0°IBr JZfr an arc diatance of 274.07 -feet; thence (17) non-tazgEnt t0 said Culve'SOutil 9909414211 Ydest 396.96.faet; LnencE (L8) ?North 99°22f39ff past 262.55 feet; thence (19) North DO0.17+03" East. 377.03 -feet to a Point on a Curve. 00"C ave nprtneriy lacing z radius 'Cf 2469.00 feet, a -radial line' th_ouyh last said point gears North 140151 "O1ff West; thence . r along l^ i �r- r - 15° { v (C_P} wreste-ly alo._g last sa-d CL_.•e through a Central zngla 6L 20 Sl an arc O' -Stance of 704.45 feet; thence .. _ .. .. xa?7TMZ'r\i7o_iD DOCsV3C?SS\Y_3LS\8000'�:£n-5\sso3 'a? -.D00 ATTACi { nil (INT "n" P�luc 38 or40 7°55`GO" 'v?c5t 1G4E. G _ " pp0.00 ^ev_'�C .a .3CG a�1' } Urthert 1r lien+:n-�.1..= Iv- - '-e=moi ��1=='O` -:roses, •• cG==*a� =n =e _ (C" 2) WeSLe_i �: a U°g _.ny bey ipr!i.ng Uf a - d'_ _ 31? Z E=a3Je On a�-iny'aSGG'`J.OG _ e D- Said cl_ J2 - fCl 3) WeS-..GI_ZiIASL 5 _ u .. lip.i0 =_c�i cL_a rr Uoe5t X232. DU E_r >� 62:0 _t} tangent to 'fast 5a -d cc.cz Son ^ 09` _- tae• - _o E95.35 i, -" r: 00°C21 ='S West Y"oE'wEV (7 LG Le �,��Na _ al 0:1a Said CO on C-,` V c a kd "' ..._1 •�_- P n0=i.aesSE_ly E1Dnc =s -n scn e 0��r 'gRg Le--' L'L=ily pu - l' i in dAC - lh �1.. _ dcsc==pad`he Oi_1Cz 0- _ p-�i Ciao KeC:D_�sr :P_ _ . nce r aid =1o,g Cf said coql-!ty; Said C_'CV 30 'L^-d?'ti B '57 =ez to tPe ly^-e So- to 00°17' 03" 'vilest 91.. _968 said v7Ecter_y o t'reco-Tiled `cbrli8ry lir ; �__ lir coca a land describedas=cel t,snCe ;C_al Records; of sa.^ 0:f! feet Co t z as !:Ls .U-ne_t Y�o..3275 o°g2'57" Easy 200.J0 -' ierly line Soutr 8 1 (L19) along said o_n- - p 1 t?lence Vne Y line of last said Pa_c 1 00°7'03 200:p0' TzeL =zrl line south ;?,20) alor_g said ,as:..._ -Y j ;d ?arCel'li thence southerly 11ne o= last sa_ L 157" West 200.00 feat to i said SDUtAerly li, z North ��'° -2 cost (E21/ a_o,g d doc'�menz r6+Corded A'�. said asCribed -, I 'vies terly l'—n-? D� ' { plr, 1958; thence II LS\ED00 3Y�iH+3S\E563 BX8, 70C ..\ I ° w • J ATTACHMENT "A" Page 39 of 40 _=n °-17'03Vaesu " . 3.42.. 57 feat LO .. along 'last said W25-i.cr1}� �::'SE SDII OG . E •th a SOLtherl line O= last .Sand ?crC6l 1 L.^-enGe . { 23) along lase sa_d sou Wetly 1_ne Vorth 89�Lo'Jsr 'ss ee to. the 501tf!e35Ler1y il_ne O' last said Pa'cEl2.!CE (7,24) 'along saidSOLL!Ss eaLErl�""I-II2 '1.40Y}1 °h!L7P Ec5'C 9�..SJ fee - 43 e SOIli�Ea5Lar1y having a ad1L aZ�Vant - LhB 72g1:11ng O a L?COnCcvs C 1532.47 -feee+; her-ae. (C2c) nOr LneaS erI along 1as'c said cLr�e a -d along Sa1d_ Boutieas cezl- o7 Zf GGii an -rO ds�a:-!C� OF 887.99 -ine 4tLnrough a c=entral a gle o= 33 •-- L^cnCc (_2 () _^_b?!-'LcPf]'on'C �D 138E sajd CL �e and ='_0=g 135= said 3OtiLhE1"1y -Ime 7�,0-rn 3p°41+G9" East 112:38 =Boli -h, en Ce . 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I I aag-•�- e a�] 3.x I IEII Is r. �. 5 Elk i I: I a� ie e�i loom It C J Ir4 Is `je I. 1, .. • si 3 1 soS' �s5 i i °. • ud1_ i ¢� e 1 1 • i 1v sm.IxZ'IR 6m r � k ATTACHMENT B (Assignment) ASSIGNMENT BY COUNTY OF LOS ANGELES m 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 Findings. The Parties make this Assignment with reference to the following facts, circumstances and findings: (a) Subject of Assignment: County and Bun -tee 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 I 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 #4850-3185-2816 V1 HOA.961206.11 solid waste in automated carts pending collection), receive different services than do the same type of customers in the County's Franchise Service Arca 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 prccludc 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.9612o6.r2 (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 Burrtec 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 #4850-3195-2816 v1 110A.961206A3 Examples of County's reserved benefits, advantages and privileges include survival of Burrtcc'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: I ) 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#4850-3185-2816 vl HOA.961206.14 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 D ate 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 subi ect 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 attorneys' 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 94850-3185-2816 v1 HOA.961206.15 IN WI`I'NCSS WI-IEREOP, the parties hereto have executed this contract the day and year first hercinabove written. FOR COUNTY OF LOS ANGELES: By: 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: LA #4850-3195-2816 v1 HOA.961206A6 City Clerk Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY By: City Attorney Date: LA #4850-3185-2816 A HOA.961206.1 % Consent to Assignment, and Agreement I. Burrtcc Wastc Industries, Inc. ("Burrtec") acknowledges receipt of this Assignment. 2. Burrtcc COORCnLS 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 Arca) 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 duly, 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 Comity, 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 v1 HOA.961206.18 EXHIBIT "A" (County Franchise Agreement) LA #4850-3185-2816 vl HOA.961206.1 CONTRACTOR EXECUTE 001874 Exclusive Franchise Agreement For The Area of Santa Clanta 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 .... ............... .................................... 1 SECTION 1 GRANT OF RIGHT AND PRIVILEGE TO PROVIDE FRANCHISE SERVICES .................. ...... I., ........... ...... 3 A. Grant of Franchise ................... . ........1111. 3 B. Exclusions from Franchise..... I ...................... 4 C. Definition of Rights ............ „ .................... 5 D. Franchise Fee ..................................... 5 SECTION 2 TERM...................1..11.....1................... 5 A. Term ............................................ 5 B. Obligations Upon Expiration or Termination of Agreement... 5 C. Undepreciated Assets, ........ ... 11 ........... 7 SECTION 3 SCOPE OF SERVICES AND SPECIFICATIONS ............... 7 A. Prescribed Scope... I .............................. 7 B. County Notice.........:.....................0..... 7 C. Change in Scope of Services ......................... 7 D. Franchisee Documentation ........................... 7 SECTION 4 SERVICE STANDARDS.. I. . .............................. 8 A. Public Health and Safety; Nuisances..... ... . .......... 8 B. Streets and Alleys.... I ... I .......................... 9 C. Non -Collection Notice. . d 4 . . . . . . . * 1 0 ' * otice................ . .............. 9 D. Subscription Order ............................:..... 10 E. No Exceptions to Performance Obligations.. ............. 11 F. Nondiscrimination ................. I ....... ......... 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 ............:............ 1. 13 K. No Commingling of Interjurisdictional Materials........ , ... 13 L. Key Personnel, I I ........ ....... ..... 13 SECTION 5 PRIVACY .............................................. 13 A. General .......................................... 13 B. Mailing Lists ....................................... 14 C. Privacy Rights Cumulative... I . I .............. I ... M... 14 SECTION 6 UNPERMITTED WASTE SCREENING AND REPORTING....... 14 A. Protocol.. , 1. 1 ......... ......... I ....... 14 B. Prohibition on Collection ......... . . .................. 14 C. Reports to Acting Director ................ I . , ......... 14 D. Labels ........................................... 15 E. Safe Disposal Customer Education Program 15 SECTION 7 CUSTOMER SERVICE ................................... 15 A. Office.... . 4 ....... 4 .................. 4 - - . ... 1 4 ... 15 15 B. Telephone Service .............. 4 ........... . • • .. .15 C. Bilingual ................. ..........4.....44.....4 D. Customer Complaints; Missed Collections ............... 15 SECTION 8 OWNERSHIP OF SOLID WASTE ........................... 16 SECTION 9 DIVERSION...............................4............ 17 SECTION 10 RATES AND CUSTOMER BILLING ............... 4 ........ • . 17 A. Rates .......................... 4................. 17 B. Billing............................4...............4 17 SECTION 11 FRANCHISEE RECORDS; AUDITS ......................... 17 A. Record Maintenance and Retention .................... 18 B. County Custody. ......... I ... I .... ......0.......... 18 Co Inspection and Audit ............. 4 .................. 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 ............................. I . 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 ..................... I... ............. ... 25 C. Compensation for County Costs ....................... 28 SECTION 15 PERFORMANCE ASSURANCE. .......................... 28 SECTION 16 EMERGENCY SERVICE...... , .... 1 .. I ................... 29 A. County Right to Provide MSW Management Services..... 29 B. Disaster Assistance. . . .......................... .... 33 ii SECTION 17 DEBARMENT BREACHES AND DEFAULTS; SUSPENSION. 34 TERMINATION........................•.............I.. A. Notice of Breach; Franchisee Cure.... • • • • • . • • • . • • '" .. ; 34 34 B. Franchisee Default....• ..... •........•...........••• C. Notice of Franchisee Default. • • ....... I ............... 36 D. Suspension or Termination of Agreement... ............ 378 E. Franchisee Responsibility and Debarment. ........ . ... • . 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. .•.•.• ..................4..••• 39 E. County's Reimbursement Costs ....................... 41 F. Waiver ......................... •I..I..:.........• 41 SECTION 19 TRANSFER OF FRANCHISE ..................... I ........ 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. • ............... • • • • • • ... • . • .... 4 5 K. Notice of Delay .................... M . , ............ . 45 L. County's Quality Assurance Plan........ • I ........ I .... 46 SECTION 21 DEFINITIONS AND INTERPRETATION OF AGREEMENT....... 47 A. Definitions .............. ..........•...... I ..... I... B. Interpretation and Construction.... • .......... • ...... 1. 47 C. Integration. . m ............ 1... .... .... ......... .... 48 D. Governing Law. . ...... m ............. 48 E. Severability .......................•............... 48 F. Interpretation ...................................... 48 iii SECTION 22 COMPLIANCE WITH LAWS AND REGULATIONS .............. 49 A. Applicable Law ................................... I. 49 B. County Child Support Compliance Program .............. 50 SECTION 23 LABOR -RELATED PROVISIONS REQUIRED IN COUNTY CONTRACTS........................................... 50 A. Labor Code.......... I ...................6....4... 50 B. Consideration for GAIN/GROW Participants for Employment. 51 C. Notices to Employees ................. 6 ............ 651 D. Prohibition Against use of Child Labor ......... . ......... 52 E. Nondiscrimination .................................. 52 F. Safety.................................6...0...01. 53 G. County Lobbyists .................... . .............. 54 SECTION 24 EXECUTION OF AGREEMENT ............................. 54 A. Execution of Counterparts.... 6 ................ . ...... 54 B. Authority to Execute......... 6 .... 6 ............... 6 0 . 54 EXHIBIT 3A FRANCHISEE SERVICES AND SERVICE SPECIFICATIONS.... 56 A. Provisions Cross -Referenced in the Body of the Agreement. 56 B. General Specifications ................... 6 ........... 57 1. Collection Commencement Date/Hours of Collection. 57 2. Waste Diversion Program ................... 57 3. Containers.. . . . . . . . ........ 559 4. Vehicles...6...... 6...... 6 ...............6 61 5. Subcontractors ............................. 61 6. Routing and Container Placement .............. 61 7. Collection Frequency....... 6 ..... • • . • .... • . • 62 C. Refuse Collection, Transportation, and Disposal........... 62 D. Recyclables Collection, Transportation, Processing, and Diversion. . I . I .................................... 63 E. Green Waste Collection, Transportation, Processing, and Diversion ......................................... 66 F. Special Services ........... . . 1. 1 ................... 66 1. Holiday Tree Collection ...................... 66 2. Bulky Items Excess Solid Waste, E -Waste and CEDs Collection........ I .............. 67 3. Special Events Cleanup Services. . m .......... 68 4. Vehicle Billboards ......... I ...... 68 G. Roll -Out Services........ I .......................... 69 H. Senior Discount .................................... 69 I. Transition Roll -Out Plan ......................... I .... 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 B6) ....... 72 EXHIBIT 3D FRANCHISEE DOCUMENTATION, . . ... . . ..... I ... 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 EXHIBIT20G AUTHORIZED REPRESENTATIVE OF COUNTY'S DIRECTOR OF PUBLICWORKS ........................................ 87 EXHIBIT 20H FRANCHISEE'S REPRESENTATIONS AND WARRANTIES...... 88 EXHIBIT 21 DEFINITIONS.. e I ......... I.. I P. . 0 ...... 91 P:lespub%CONTRACTJeenedoXFRANCHISE AGREEMENTS�ZooMgreemenlslTOC_Agresmenf SCV.doc v 0018'74 THIS AGREEMENT is made and entered into on 0C 3o 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. 1. 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 M 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. Rights Under California Public Resources Cade S 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 s 1id aste 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 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 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 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 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. 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-30-ok 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: O -3o'"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. Spills. 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. �_ e 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 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; 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; 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; 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 1B1 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: Ongoing employee training in identification, safety and notification procedures, including leaving Non -Collection notices, when safe; Means of driver inspection, such as visual inspection during tipping of 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 Programa 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 62b 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, Counfi!'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. 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 documents' 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. 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; 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. 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; A description of contamination audits of Recyclables Containers in accordance with Service Specifications; and 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). R 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.lacountyfraud.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: 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 A1, 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; 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 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 http://cao.co.1a.ca.us/RMB/Pdf/NonEmployeelnourvReport.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 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, 1. 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. 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; 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: 1. 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 8. Specified Franchisee Defaults. FRANCHISEE Breaches any of the following Sections: a. 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. 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. 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 Any Franchisee Default, if the Acting Director determines that protection of public health and safety requires immediate suspension or termination; 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); 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: Execute alternative agreements for MSW Management Services in the event of Franchisee Default; 2. Seek to obtain injunctive relief and/or damages; and Assess damages under subsection D. 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 Compensatory. COUNTY may seek compensatory damages, including the following: 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. S. 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. 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. 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 246: 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: 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, 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: 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. s. 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. 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 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. 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 of 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. 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. 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. 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 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. d. 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 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 11 N !I /I 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 �j� By � "">4' Deputy COUNTY OF LOS ANGELES By P!w cting Dire r ublic Works NAME ON BEHALF oN BEttALF Page 55 Lv4 State of California County of LDS 'Fs ^rf '' / On l C 7Z) �aaaebefore me, � 6(`Q 1NOr / V01�lr;ef Dele /• more Inae Nama and TWO of trw Officer personally appeared - 1 Charm( �PVQ �(Jt n - Nemeta) of Signer(a) PlaCe Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose namli aKsubscribed to the within instrument and acknowlecLQed to me that he *hq5F executed the me 1 h s/ jKItl%(ir authorized capaaty(ies), and that by signature(s) on the instrument the person(-), or the ntity upon behalf of which the persons) 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 offi7Ltl)L seal. Signature ` f Signe re of Notary Pudic OPTIONAL Though the information below Is not required bylaw, 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): — ED 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: �V4�VGVLC✓�Vk.6'L{`VCN'vq ds'+�<'+/5'tl' LS'VG�q 'vti<v V<\V��V�-eY{LN,y�N��wSC�/�.VRVSwii�N,C`v�{�V v 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 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 sutxrsts to the County of Los Angeles relating to exclusive franchises for refuse, recyclabies and green waste automated cart services, and that all such writings upon being executed by Michael Arreguin shall be binding upon this corporation. A counterparts, and the counterparts taken strumgnt. 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. COUNTY does not grant to FRANCHISEE any additional and privileges. 2. Section 153 collection or soya waste in mins al rcesiaanuai 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. 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. Severability of Aareement Provision. FRANCHISEE'S share 100 percent. B. General Specifications. 1. 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 B9 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: i. Holiday trees that it Collects in accordance with subsection 171; 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 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. 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 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 § 20.72.100. 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. 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. 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: 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 98D2 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. 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 LEDs 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 172a. 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 Franchisee Services and Service Specifications - EXHIBIT 3A 93 3/16 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: 1. 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-gallori 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; 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), Recyclables 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 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 B6) [INSERT APPROVED MAP OF SERVICE AREA AND SCHEDULE HERE), Page 72 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 6D; Section 133d of Exhibit 34 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). 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 413) 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 B3h, 63i, 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 LEDs (Section F2d of Exhibit 3A). 19. TRANSITION ROLL-OUT PLAN (Section I of Exhibit 3A). 20 ADDITIONAL (Dtinfh PROPOSAL FOR PROCUREMENT OF THIS AGREEMENT oExhibit Page 75 EXHIBIT 3D Exhibit 3D - Franchisee Documentation Item A.1-IaRANCIIISEE'S PERNUT AND PERNITT APPLICATION This item consists of pages (including this page). Initials: Dated/42 Initials: "CM2 Dated: F NC SEE COUNTY 1 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). 2 EXHIBIT 3D 3 EXHIBIT 3D 9i]UOr I So lM UWNt LtN9WM Li7tif6min Dellar-117101t t7t Toxic Substances Control Hader Cartiticadon Page (Signature Required) ......... ............. _........... ---.. .............................. Name: Bumec Waste Industries, Ina• ID, 4235 ` (ReWired7 • Reporting Year t 2-008 ` 11 the GRT andtor OWED handler, am (} tee property owner J' the OPKI110t ai the faddy. I oeNty under penally Of the law that the faddy, named in Section A. generates of aoceps ban off site, hen does not treat or recycle, LU*MW waste electronic devices anNor CRT materials. The intatnafan contained in this notification is true, correct and compete to the best of my inowledge- Mmctor Muntopat Serioi s nater (ren -blade IrtIQ ' Tide (pease type m) 0.lehaed Idtw • Printed Name (please type in) " Date signed (nmfddMriy - Please we IN Nodlicavans must be submitted to DTSC by oenl8ed mad, return recut request Before submimn9 this Page.pant . it Nal so you can sign and send It to address below. Mad to: pepaAmerd of Toxic Substance Control Hazardous Utaele Management Program RegulaAdy Progrern Development Division P.O. BOX BOB $10"t ento, CA 95812-0808 Attention: LNv60lCRT Materials Handling Activities Yoar apphcatwn wee not be accep'ed if you do not compale and send in W5 pa%)e SuhtMt r-.ondiweis o: Use i pmacy Policy Copyno O 2007 State of California yQRr���,r. gpr;GLGulll�mlLM£7 Up1av_Cw11®Ing.4M'IAipus-�u'C•SINaKJR0ak2600G6CFO-6{r�Y07{Uiprt'.'-)OM 1691 Pqe 1 M ] M .b O Go 44 v Ei a am b 4J rd 3 01 .41 f2 .rd 5114 �w ,Y U w au o � - " N �O oO a r=4 V WWI - EXHIBIT 3D Wow 01t ,I• a w au o � - " N �O oO a r=4 V WWI - EXHIBIT 3D EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item A.2 — INVENTORY OF SERVICE ASSETS AND CART SPECIFICATIONS This item consists of pages (including this page). Initials__ Datedw nitials: jR _ 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 MAKE & MODEL TYPE VEHICLE I.D. # Permanent 1 1381 2008 Autocar WXR64 AUTO 207612 2 1383 2008 Autocar WXR64 AUTO 207614 3 1384 2008 Autocar WXR64 AUTO 207615 4 1387 2008 Autocar WXR64 AUTO 207618 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 , I ilkr ro 3777 Do FereA CMda Mka Lmuk CA 91752 pbI 951-6w3as Fa: 951485-27" >a sentec Waste tniuxb%w wr.o, a ems arm COLE sass INVOICE zpwou 5 M Sties DATW MARCM 24,200 PM rKw no Aurocx Irate aw a eesa.nla c� rsrr xo. wiww sty woo un Tax i eoc � m R'.0 ruwuea oaoaa a ss7eae TEIeMC Alla /Mt 1�, LeM i+► orscvuRt a rAto ry Ansb. a" ; � I vx aw a eesa.nla c� rsrr xo. wiww sty reouxoase un Tax i eoc � UMNWP ruwuea oaoaa a ss7eae TEIeMC Alla /Mt 1�, LeM i+► orscvuRt a rAto ry Ansb. a" ; � I vx MMa as Owlets r4doa w eiw sww Tnsm G~ O Ysa laity a w OasSMsss r I w "aaa m we"d Ybft YyW, Wt-fil&m i "Wa Yw 10r pw drdnasd 0 3777 De Forst Ckde Mira Loma, G 91752 Phone 951-"5-3456 Fax 951455-2758 M surrtoc Weete Industries anoanrat+ "w roman; G UM AM COLE DOW POW New toot AVIOCAR wo" % oct a0eAM4 YIN t SKDC6USOU07621 EXHIBIT 3D INVOICE INVOICE) 207621 DATE: 5119/06 stsvttii7011 �MO�M CILSH 9RlLt 200t Y001i� AIrrOGR f F®EIU1L r smm TAX OOC FEE I. cew m TOTAL K*e A dIK11t Oak to DOMIcad -rm* c"m E rev rm a" 7vaam cow"" tm Envie, me= Yldd�vtp..k+. 9SIfiB�i)156 Think yeu for VOW ewtn=M Q7 DIVERSIFIED TRu K CENTER 3777 De Forst drde Mira Loma. CA 91752 phots 951.665-3456 Fax 951-655-2768 To Buie WasteIndwtrMs sw Mom Awnrs ARL• cm MRS. [T".= ._ 7 7NI EXHIBIT 3D INVOICE INVOICE,* 207623 DOTE: 5/21/06 k faA wN II cfleds o1'lok m 0tveiifie° Tru► Cues V 7w time wry wisimm ow"MAp 0& nveiee, mrsa�i r1m1 raa+e. ySl Ws3sSs Thank you tar your WWRGSW 10 DIVERSIFIED TRUCK CENTER 1777 De Forest Clyde Mira Lom, CA 41752 phone 953-685-3456 Fax 951-"347" 10 {Yrrw WDAS Industries MN cmT Av� powtows, CA 92M ATTM =A MMR rar NEW am mpocm WM64 STDG 069017 WIN it 5yarjtf44HlQ?624 TOTAL MW as cM[b ps , 1+N ea Mi 3 c0'� Vct+e WaOtA4 7Si�6S-f456 it VOu Mi+ am W Tlwnk yon t1K "M twdoeW EXHIBIT 3D h@ .. L F. 11 INVOICE INVOICE * 207624 DATE: 5121/08 ,JVERIRFIED TRUCK CENTER 3777 De FOf** and. Mlra lomk CR 21767 Phone 9S1-665-3454 Pax 93148547M To Buntac wage induwkm ftoomm as UPS 1111101=A OM 1:1:11-3�i�3�] INVOICE INVOICS ! 207615 DATE: 41101W 1 rm w yw N*lm t 12 :K4 :11-3tiic7�7 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. HuskvLite(D 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 0 800 65 Gallon Black o 800 65 Gallon Blue o 800 65 Gallon Green o 800 35 Gallon Black o 800 35 Gallon Blue 0 800 35 Gallon Green 0 100 65 Gallon Brown 13 EXHIBIT 3D LlI�II��t f7.mil.>f.,i7'^�,7i7.%:�1•T�.�?',�1TM .l7�li 2kfd&A G65wGn&n 35699M 11 Blw 911 :11 Bim ! 17,500 Orm : 11 cirm goo i• 100Brown uu: I 111X63111 I 1 u -pit nu: N: 11: II 401SE45i25'5T.• LOSANGELEACALF. MM/333-2M-5145 . FAX BOE QUALITY CONTAINERS FOR INDUSTRY SINCE 1913 MCI EXHIBIT 3D GREEN WASTE ONLY 1 DESECHOS VERDES SOLAMENTE ACCEPTA_mEACEPTA_S F NOT ACCEPTABLEWO ACEPTABLE: LeWN Hojn Consh wom De" EscmWra dA Cashucdm G s C*wigt PnW �Tt r G bWd G BAwa Bramod" RICANS Yamaks •yy' 1:,.,.:#'. Pim Tm Trbmeat' Recall a P Sn ftWAmnm PdA FtwNW fto de P*wn TmTtemmo Rewrtm de Atbdn Cachou Caam, RD" FWaas NO HA7ARDDUS, LIQUID OR ELECTRONIC mSTE PUsoe a pqv BApY Bohn do Mow o dA Papel NOSEPEWMIE DESECHDITOACOAPEL)DR0205YLKKADDS An*WWMNEAaNcddeAnel Fa Yoabamuam abwbNbdispon d Xs,ral,sltl Xaeadm W8W bWNI aR Paan eBorweiee a dewcba doaessms pefgeses pw Wed Imr 14$WiCLEANAA ACCE"AMIIACUTMU ePaprd4pW e Alaainum and Mottl A CmsUfts do AIuwkdo ydaMOW Cadbordcam Ptastle Bottle! Botoltas do Ptetico e GlesMldric RECYCLABLES ONLY 1 RECICLABLES SOLAMENTE 4 0 0 iw ej R?E? Nwyp.., v dwaemm AW*mmW hlN/d lbire ar6s,Ada. dud d Wes DMalAa1 Yad GNIawea NONAZAPDOMUMORE ECWWCWASTE DMCHos TOMM, PEIJGRM Y LYMM NO SERAN RECOLECTAMS Fa Wort WmwbmWwabm to ftm Of H mebdd HautdwW Yhde oftWCNR Pm ss bdoasdim W dNIaAm dcaubm Feopn pw brat sme C 14mguau TRASH ONLYIBASURA SOLAMENTE ACCEPTABLEIACEPTABLE Palm FFmd&Hgn do Pakwas THE FOLLOWNG HAZARDDUS RUSTE MTERWSARE NOT ACCEMBLE' Namd HouAWd Waste&sodvs DollW um limumil 'fAdaaes, Nmmbw clv ts.1s K Put Tw6 ,, Pisa WE w W bne4 ARind Waste0mechOS do A inW FOR NDRE WDRUMMABOUTHOUSEHOLD HAZARDOUS WASTE MATERIALS CALLI MR CLEAN LA NOT ACCEPTABLERIO ACEPTABLE DEAEM PEM0901 DOWTIC01 a1CLUYE T000 LoCLAS siCADO CONO To31CO3 FLARW OR RRRANTE ,jAmb wpHm*A, Lepola pm LW ku De bm . AWW a Adweueoe, DaymW a Pear; F d w Roft NWiedrap, Tru may a bee a Baal Grow WaSWDmdmygpdes TARAONaiDRu cmjDEDESECHodDOHESTNbSPElMIMPDA fAYORL1AMEA7JIM CLEAN LA Re RKkW)as To Redws Rod mM WmwAd"mA Cwx Wahl Cadet BunWe PSR NWT Coram,Concreto Pm Rsewpbw0 pe& BaRs)A6wmaWs UM: BVMN W326 My Conswcdon DehdslResklm do C1NmC[IUn 'Haurdws Wastd'Desedms Per9mos 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: DatedA& &1mtials:-FMQ_ Dated:430 06 FRANCHISEE COUNTY i* EXHIBIT 3D EXHIBIT 3D — FRANCHISEE DOCUMENTATION Item A.4 - ALL FRANCHISEE MANAGERS Parent Company — Burrtec Waste Group, Inc Edward G. Burr, Owner (BWI/BWG) Cole Burr, Owner (BWI/BWG) Tracy Burr, Owner (BWI/BWG) 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 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," "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 Nirio 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 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 EXHIBIT 3D KEY PERSONNEL Tracy Sweeney — Vice President and Chief Operating Officer Michael Arreguin — Vice President Richard Niho — 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 Burnec Waste Group, Inc. Burrtec Waste Industries, Inc. Corporate Office I ' Hauling Operations Executive StagI I David Jappen Regional Manager Cob Burt I Steve Paulson President Division Manager Tracy Burt Vice President George Salazar Operations Supervisors Tracy Sweeney Vice PresidenUC00 DrHers Mschanka YaMmen LE Robert Coon Chief Financial Officer Michael Aneguin ,Vice President Richard Nino Director Municipal Services Human Resources I I, IT Department Administrative Support a EXHIBIT 3D Elena Drapeau or Service Manager 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 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 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 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. 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. PAC] EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item A.5 — ROUTE MAPS AND SCHEDULES This item consists of � pages (including this page). Initials:—Dated: e& tials:�R _Dated: (� o FRANCHISEE COUNTY 24 EXHIBIT 3D — FRANCHISEE DOCUMENTATION Item A.5 - ROUTE MAPS AND SCHEDULES 0 25 WR 0 a EXHIBIT 3D EXHIBIT 3D These maps and assouiated data are County of Los Angeles provided ny nimtwananlyI anykind. My resale of Nisof snytokinT is prohibited. Copyright ® 2005, PUBLIC WORKS Street Sweeping Routes County of Los Angeles. Monday = Area #1: 30.23 C.M. RD: 556 UTm�i, E i LEGEND 0 County of Los Angeles F71 City of Santa Clarita Sweeper Route Scale: 1" = 1,500' z W i N EOO qL e � BIRCry Q, ,uv.we �a,�0.H14 n lld 1 lEOkCffo Wu z ONlECITOh o # i o••ars/M 1 T4NOAIMJ WY 0P{c- P3unn9� y iYi n�Vn 9 F14 EXHIBIT 1. mese maps and associated cats are County of Los Angeles provided withoutleoftisInty anykind. AnyresaleC Anisin(atmatidn 4-111 IQ ie prohibited. Copyright ®2005, PUBLIC WORKS Street Sweeping Routes County dt Las Angeles. Monday = Area #1: 9.5 C.M. RD: 556 0 N Oow YH ell, dr HILL rop ° CT oAW51oE �Q T po a Wq 30 O Cl Q 57ARW0 p C- N1z4S BN S WY °C FIN 4,: D Q"� 3b CPQ CA Sq o°" zed R' L v �v 2 U zO T Nt�:r.....F OR EN At w Alt FAN �ta H yON w� vy LN a LEGEND County of Los Angeles 0 City of Santa Clarita somme Sweeper Route Scale: 111 = 11250' ST wot+o cx L AEw?rHf(L� � SlbgAyAt � < In iadY� im T ' 8 �t y s A'9! �Z f �, 10 EXHIBIT 3D These maps and associated data an Pro County of Los AngelesAny wyresasnantyo f a ant of this any kind Any resi is prohibited. Copyright ® 2005 PU6LIC WORKS Street Sweeping Routes Caunly of Las Angeles Monday - Area #2: 33.82 C.M. RD: 556 EXHIBIT 3D These maps and assoolala °ard are County of Los Angeles pod°ed wiy Vmale a f1hiis ofomab n Any resale of Mis information is prohibiMa. Copyri0nl ®2005, PUroml rill BLIC WORKS Street Sweeping Routes Caenry of Los Angeles. Mondav - Area #2: 12.93 C.M. nr%l CCO LEGEND County of Los Angeles City of Santa Clarks Sweeper Route Scale: 1" = 1, 250' 4Fm6 O CASCAOE� M cr '6 A a.'a'S, Es0 Zil � 3R Z W ZL V y� qU �I 1 i > a 41- � x e,00 9cr N cr �h o auc�aoi a R 3 CT o & p ULEOEER as q U W P iR m MM I !Q fz LL EXHIBIT These maps and associated data are provided without wananty of any Idnd. County of Los Angeles Any resale of this information is prohibited. Copyright® 2005, Street Sweeping Routes °W�`��ga'� PUBLIC woRKB Tuesday - Area #1:31.84 C.M. RD: 556 r c`a 354FW5 RD wRnewov wo OMDR s s�nouowcR R MMLw LN N , R R a' p� r d, � aECkth a Sr9 w+ e � a B^K haaRpAse .� _ Y� ON LEGEND County of Los Angeles 0 City of Santa Clarite w0000sm Sweeper Route Scale: 1" 30 0 AV s.AswnocrH Rc k S u AV VZ Sl cons^jjO� w dU b CANYpN g Ro SMOKp�q d' Y �,ary 2 y51w 01 sW" "P �"CkEN LN �� NURFycRESi W sr County of Los Angeles or �1a1PUBLIC WORKS treet • . Routes Tuesday EXHIBIT 3D a maps and associated data ar led without warranty of any kin[ Any resale of this Vdormatlo is prohibited. Copyright ® 200f County of Los Angelw RD: 556 EXHIBIT 3D — - These maps and assodauea am art County of Los Angeles provided Any hout wartaMyo mykind My lasede of pyn IM 11210 r i5 pi°hibiletl. Copyright ®2005 PUBLIC WORKS Street Sweeping Routes county �`�A°�� Tuesday - Area #2: 2.46 C.M. RD: 556 EXHIBIT 3D These maps and associated data are povltletl yrewamrnanty of any kind. County of Los Angeles Any ressale this information P�111 is pmhilld, Co'It ®2005, BLIC WORKS1 Street Sweeping Routes County of Los Angeles. Wednesday - Area #1:18.36 C. M. RD: 556 a m a PSW m CZ w SE qQ- O� GPC i PACIFICACT N cr u.FL � ofn D F CYPRESSr� $ J,M 41 atON ` tY pfL ST w CgeSTLINE ` c�`�°c (n N Moan R Or P7p`EOPSs yO ty.UR CAW N ED� �O J 4� 01R REDWOOD �O CT Q ON Y � O� C� PL D GT U 4~ HIDEOUT 0)2 P 0 CO W CT 0 P CT1� 02 a lop p BODIE D R �£ sroy O O 3 ER tgrs Z W 9 Z h CT w JO� OU \ cl R E CANYOd BIRC i L DR 22400 ;•0 P F LN W'/ n '... 4. O V CANYON M h I HEIGHT$O .. HILL 3 v ctR o DR o 6FF cT �` • CONWAY PL pygF/F w Cr e y ER 4,k CT • OR DR N' g b U os"y 5 i LT PL JE€FERS Wr . LEGEND s+ Y r q rSSC County of Los Angeles p Gf x Boa � F City of Santa Clarita N9 ' P ® Sweeper Route ' NCY Pt Qp 3xDR EXHIBIT 3D aw ON IV UNIONS, at ndl County of Los Angeles Prowtletl without le oanty ofanyatio My resale of MIs if any kiioi Street Sweeping Routes is prohibited. Copyright 0 20DE County of Los Angeles PUBLIC WORKS Wednesday NO Area #15.09 C. M. RD: 556 EXHIBIT 3D These maps and associated data are provided nymulmut amatdyo infoany rmd. ation Any mule of this iht County of Los Angeles 020 5. is prohibited. Copyright 02005, PUBUC WORKS Street Sweeping Routes county of Los Angeles. Wednesday - Area #1:10.00 C. M. RD: 556 FAN O 2BTop RD Cr CT Q OR Q SUE DR RUSS ` JAY jrY .p ST L G� q ) ¢ G Q�, a, Ye '� Qy FAO /.q "^Vjy q7E ✓O;L (IV Q QGJ 9pR N 1ss awN R '9Rr wr 3 LPN Nca yLnj , � OR `�rv} S9M flR OR F N of JqY' N A( cN P C PC ,USA P }Q a %rT RgrE 3 wl' iZ 'S� �hgrs y 1_ 2 ) �� A ON / o W py SJ^t FL ORkiC e ? 28OW w AJROTtiY ST v.. WONG CT J t MEfjICC h $T LEGENDEU a S ff� 0 County of Los Angeles CT S. wAvsT z o City of Santa Clarita my QV�E+9'Ory Sweeper Route $TAP Scale: 1" = 1, 000'St �_ 35 _ Y _ EXHIBIT 3D mese maps and associated data are provided wilhout warranty of any kind. County of Los Angeles Any resale of this information is prohibited. Copyright ®2005, PUBLIC WORKS Street Sweeping Routes Courtly of Los Angeles. Wednesday = Area #1: 3.94 C.M. RD: 556 EXHIBIT 3D I nese Fmpe ani db�U County of Los Angeles provided nyretwenantyi onykied. Myreseie of this [[0205, is prohibited. Copyright®2005, PUBLIC WORKS Street Sweeping Routes County of Los Angeles. Wednesday -Area #2: 3.39 C.M. RD: 556 EXHIBIT 3D providednyrut�oae"aany `1e' County of Los Angeles Mt resale of Nis infamatbi is prohibited. Copyright ® 2005 PUBLIC WORKS Street Sweeping Routes°nty m`°°Aege'es Wednesday - Area #2: 3.29 C. M. RD: 556 EXHIBIT 3D Heys e11u a� wW aFP y kim County of Los Angeles pmNtletl Any ithout wa"enty aFonnatio Airy resale a this i"t"2 tl t Street Sweeping Routes is °mhibi etl CoGY"ght®2 g: _ County of Los Angelm PUBLIC WORKS Wednesday - Area #2: 0.76 C. M. RD: 556 NUNCRY LEGEND 0 County of Los Angeles City of Santa Clatta Sweeper Route Scale: 1" = 1,250' VALLEY EXHIBIT 3D County of Los Angeles provided Any warrathisnty my Kin( MyresaledM 11t112go is praMbiOstl. CopydgM 02(10: PUBLIC WORKS Street Sweeping Routes county of Los Mgele Wednesday - Area #2: 10.09 C. M. RD: 556 EXHIBIT 3D slew cuu dF$W61aIAMI Uae dFI providedyres I wanenlyany kindCounty of Los Angeles Any resale of this ntprm is prohibited. CopyngM ®2[100505 PUBLIC WORKS Street Sweeping Routes County of Los Angeles Wednesday = Area #2: 0.88 C.M. RD: 556 EXHIBIT 3D These maps and associated data an provided without wartanty Wanykind County of Los Angeles Any resale pyri iint 0 2 0t is prohibitetl. Copyright ®Z00: PUPal rU BLIC WORKS Street Sweeping Routes county of A'ow Thursday -Area #1: 20.62 C.M. RD: 556 EXHIBIT 3D avid oop oov oaavvm.cv of any a. County of Los Angeles Droviaetl ny res warcenly infoyBnE Any resale of this iefortnetioi is prohibited. county of LoMO COs PUBLIC WORKS Street Sweeping Routes County of Los Angeles Thursday -Area #1: 13.5 C.M. RD: 556 EXHIBIT 3D These maps and assousled data are County of Los Angeles ProNtletlwyres xarrantyo any kind. AnyresaleC Nisirdama05, is pivhibitetl. Copyright ®2005, PUBLIC WORKS Street Sweeping Routes County of Los Angeles. Thursday -Area #2: 24.73 C.M. RD: 556 R�YT R L n Cr d ST F 1 N �qZi C v � y A w 3 O a» uuwin °' j I'm 000 wuLRu,ws SONAY LEGEND 0 County of Los Angeles City of Santa Clarita Sweeper Route Scale: I"= 1, 500' HASLEV ZKOO N 1-0 2 ti O tGOER al O FQ QsnE h cr RNNER Re v �� O FNS $ BON CASCADE CT"` U Rd c w Ld LdJ yy Q Ale ODE3 6 t P3 ^V ' e 2 $ m44e �w sa w n w eA«nom 3 b $"f WLR ER d A 4 a y� otb �Raar G cr akq,� RD VALE G9RALSP CN y 3ti pO s °p p o AV R0 p ST { L n �`L�YYNER9 1� a ua 1902T a m Rx W �h rvwrvcxET w+ � '��8 d a � sruewioce OR o a` Ror",Ta... I 3F CpRCdD 4vSTAR a aRR n Ro d 3 � 3Ea nab — 44 EXHIBIT 3D j nese maps ana assuoma am are County of Los Angeles pm � nyratweaanty�anYwne. My resale of thisof any ation is halted. 11h1 1111, P B���woRKs Street Sweeping Routes County of Los Angeles. Thursday- Area #2: 4.95 C.M. RD: 556 EXHIBIT 3D These maps and assoaared data are d. County of Los Angeles provided Any hout le rraPry Dianna on Any resale of this in(Olmalion is DroRibCou Copyright nWes, PUBLIC WORKS Street Sweeping Routesary�Los Ang�ee. Thursday- Area #2: 4.95 C.M. RD: 556 0 tir m I P� jo�p, As AV o_ ro f° D Zz o $ PY O SAN'^'' 2 z 30900 TRF1 5 ' °lV luso MARTINEZRO EUAIEKOA ak,%z g o I 'N SLOAf ST A LN TON 305p0 RD �Q a AV `d' 3 ELVIRA n ST $NOAB}�KNnvs $TE w Q RO 8Q (n_ �yDD WA}FR m I./Al $ I a �9N RD " Air 0 yv� z ADD z 4 3 PO? LEGEND 0 County of Los Angeles City of Santa Clarita Sweeper Route Scale: 1" = 1, 000' I a _ C LINCOLN �o � a U 46 AWY AnpAaS I a _ C LINCOLN �o � a U 46 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/Anitials:_ Dated: FRA CH—IS EE COUNTY 47 1*3:11-3110]01 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 the4ternate 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 EM 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. M 1 *AA off 11-311997x7 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, 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 50 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 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 IWACI1-31115397 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 Liquid waste Concrete Computers Construction Materials Platics Hazardous materials E -waste Paint Televisions Rocks Drywall Medical waste Furniture Pet Waste Clothes 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 ZA! EXHIBIT 3D INVOICE f STATEMENT }y( tet' U '7 Yyr''y _F ECEI Y D JUL 28 w Rt JUL 23 CORP Rx" Please{Glata PI mmW10ratansWOyour pffpw itarn*ym, �N i�1Y d?N1 CNNDN L4�iyl� I DKctftn +3: e., 'c'ti _ni 471 ,1 .. '; 3. t� 47 7Tppii .'nIIII Fy F'�R it t 7.?};,,its ;h1iZS 7#fit=4 T't.: Tx.?4 'at _ '^ 1=, a. =,u 43 'F,T# 7,n';o -. r.: ," Goa. ®r'l .' W It s°; i�f •.kH 'V,�Ik �0 gg [[ �arSl;.�C. LII W Sm%im Ad'9im: i EXHIBIT 3D 01 ISAW, VL'w 4:'rCN LAN4F' FILC 32.126Er d ( { t'lF L[Y.SgNC,4 _Li, Cs 9AtJ 12:6 ;NY CI 01115:1: 3:•vca xc. T ]]5111 LIIL "aa J -R 1 nI� GP1w LNO. AC :11010! Artie VeLY\t. . vI �. ::aurrx `a?vwJ FJL•Cr=sa nxis •etPi..r; sas9£ 17 'JULY S4:LI;0 `Yf 1vt]SSD 11-3 IN C=4n29 nt:.I U -4%1rril ,LFNIAI hh S.".LL' "5 1Y21391 a• LJ 57.!Q F! 1H. NECCS•CN'9 rCE 550 YF I In.1a ' M n f -,C. III 31 J3 AA Lltilri E49.fAi ":+ 1313]70 613 IN F�47 23 3' Jal !i LNV11?D`MEWA: =FF. Sa.[:L "3 lam, - Y:JS L7 sc3� 3l.lul ;A F.IFI N-U..[4LNY-CC $22.67 '5-112:10!1 10T 1n =a7 ]'Jai AA NGIN Vi $Arm a'8. 1!0145eC 975 1M L39M31 J'Jul 9 FAd8J 4L1LNilc TC 37 i -L °F.-1.'0459' IT!n .7 it ]'.Jul 11 rJri F=C:7,%,Kv-LL $58.43 de-Ia245E7 Ill LD 6'245 JJul pl. IMW 24C W Y6 - OM5 f. ¢.0 CIA FAW 99 3 Jul D I-WHLJNHOCAL FFc TT-.. 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P++uFl Id...ang l V, 44,91 r .1•.-• v Y:d .$r4OUDY $Y8(CJS ^f•^d:•r-: 1.0 L, --t n.r....r-lm•r.n na ANIONbLM•u'u.:wl+w+{unlu'[- .[..c: uARM ft wrl:`^la•ra:[.fnu+nnelM•. •-a. a'a[I N: �-.ne: :.:. .._ ,.n."xl[ +u .:..1C lx .'neh PlWur: ClMf91 J --!. ?T n H6wA -SS i. q.Y 1'd•rt':[rv.Iv14+IN.0:1 L AA'Aae1N[..c.a- a4 W V Ju. ¢�.. •. AEavarui4ll +ryr IV12 nxc o Izn4-s ury daFU. tii.CElq .An nJn+n fca vl;' P.%vN annaarc: a ecGan's LC1I cI: ilnn4 ds I Plr taan may ec .r.:dne>1 AIWI 33 jvil.mml rkrnry izc: M eny::,'R r inc7..u. TIJTAL TH IS INVO.�2 PLEASE PAY TI -116 MOUNT AVOUNr C= IlUIC 1I'+P.1L _ ^LE4vE 1E7 URN PHIS FUF.I IUH'idli H EXHIBIT 3D 57 so 9N}l:r PA U SIOAA. "lSTra4f08 SIT19F1CNT 9AIFA9 PAW NtN 1 FOXs KNIM 26000 WN6 NBfAO. AYE. Wt 101 Silii U 91370 - ---- ------ ____._._r_._______.-.._.__.___..__._..-_-______.__------ _-...SRN76 BMW CA CWTA T I LN NNIEAlAL WSMIPTION -- IEISTS --^-_ All. New N[0. NT saw I €ASE m IM PRIM Hw INITIAL FRT INITIAL PAY TICKET 1 INITIAL f1F13f Opp Ima ANY NEAP FAT PBT AN IN90pi 1 NETN.E OEM EIM96 FTX um ANI 4131IAE Ip, N•O.L. 6 CNK ANT _A ---- too TRAW REV 6 }70293 SNIP 6 I00293 .00 -Z7l.LW ATOM wiY v .55.0000 $T .00 ATM }19139 N 100193 N 100193 -2756.06 ATO400M SETTLE AST tD0293 -775X.06 •-_.�..._.a__--AEON 109 CMUCSAL LW 6--42170 SNIP 6 42170 .00 327.08 WM71 00A 9 I 32350 T S255fl, 80.0000 SF .00 *Vw 119139 N 9610 N $117 327.01 Nap= 47 A07 1443 SETTLE N6T 2177 7231323 327.00 `�- 100 COII EiCIAL I= FM 6 42M0 SHIP N 427TO .00 393.61 IFtpm 0029 Y T 51330 T 32390 X0.0000 ST .00 *am 119139 N 10160 N X91 ML64 NA014MO at AW -1769 XEITU km M91 7PA5640 195.64 ------ -�_•.CORMIA.. t0® LOAD AM 6 42010 SHIP 6 42010 .00 329.12 WMI 0020 9 T 37MO T 37330 X0_0000 ST .00 7fml 119139 N 96X0 N am 329.12 1F097100 067 AN -14M %71U NIT Tim 8711X64 329.12 - ..._ 106 O)7liRC10. LOAOv-_ AE£4 6 41247 SNIP 6 41210 .00 29X.16 7FP34t 002V V 1 32470 T 32470 67.X00 61 .00 WP341 119139 N X770 N 7454 M14 4FP34f00 VET AW -4316 0.}m 1w 74M 7I3f321 39X.}6 ;ITX 10716X[10. Lon ALN A 431X0 SNIP 6 43190 .00 STS. DO wrw 0729 I T 32150 T 3215D X010000 ST .00 Wnu 119i39 N 11430 N 9373 3`3.00 7FPSSWi WET ✓0.1 -16M SETTLE NOT 9374 X711664 373.0@ 57 EXHIBIT 3D Star a "if='* CrMornra Iatcf,ard Waste CWho 197 pRrviacd WOW Management Barad COVERED ELECTRONIC WASTE TRrLN'SFER RECE[P7 Plrrtt jvm:.at are,hdt vn:ng rkla.matma m doe7mee01t ourukr d,'Carred £Is VliN0: if r tCEWt.1 ltrfmree .iAwmed Cndfrr�eas end Approved RtCit;abY Fired .cjanr> s'P'"�.+r. neaet'<*'t'a4'>Rl tit t'.wtrt+d ucclrwra: A'ztrt Rrc):1mg PTwerro Cioaat Xfwfia kmmi: IAb.r P.wa 1egwj- in ret Or OW Pear Of Tri eukr: Name orApprpavd Collection, GEM' W • !afar IX Apprw•d frrwirr. CEN' m a _. e:L72LI r. € 20 01 Or pginning, �1 .AM' Lie r ♦ aw F'g"N-cq. wr 1 { te+.nS'CnC.u.4 IL41, Source Aaoaytoeas Tato-CRT Ccmatnveg Mh S TOTALS ARedr copies of all applica6k portion& of CaBaleu Lot Few are moxa. d from the apptvvd caaeetar listed &have foe this [raeracAoa. ❑ Attach copies of all DosipmYoa Weirs fleet arc rested from the approvN collector fated above for this tram• omm. colleesor mem prapide a dnenpum OF am^ •pin CEWs coarcted at recardd he the coaection tog. "ItfpreY Sparer Dertara6aa Aad M, eight %'mferateaa jf[+g�oParg ale a car a+.:rry drmep tF.0 rrmea�ips rice sari gaewem !+^ffar •1 have vert noel this of CEls9 ncwaferried m Ac Appr..mdtaticlojw mrhtd rccmwry patartNs m rrgaaard ate early fioan Califatemee comets. Printed "I IWAthm tkt we~ VEff t nawtjrtred and Wordfd " An rr'ceW are nae and atxavvar Slgaann of RN rrmtrd Name EXHIBIT 3D nw,... ._ _. .. _. %3�'... fat CAUFOAPGA WOOD RECYCLING, MUG INVOICE SM COLT STREET 6UiTE 3 VENRIRA. CA 93003 i T2'_ 1Y'Si (905) 660-1616 Fpr (905) 650.86 Alla ®BURRTEC WASTE RMUSTRIES, INC. DURRTW WASTE iN,I IS4RMS. M ATTNeA. Art�.pnUNTS PAYABLE CHERRY "M Y AVF14M BLDr C ATTN: ACYAM71TT5 PAYABLE FONTANA, CA 92335 94mcFA'31YAVtNmsLDG c FONTANA. CA 9=15 4.1. :1 I' ri b,h C: F !. ! ee.yr . 0 . 0dl+ ZIIIIIIIIIIII•�� Thank You CAM Amit NAME ON CRET)51T CARD: AMOUNT OF PAYMENT S: CREDIT CARO TYPE tpieapa CWCM) mT �lr.+no P w c" Ex>'M3* EIfp OATS o.. 59 CUSTOMER NO,: 0"Llm INVOICE DUE OATS- 7111547 APPLY TO INVOICE: 121519GIN AMOL&O DUE. 24392 PLKAM REWT TO sz'rs r.,r a V*r&M, u apse 4 wu he.e em Qu1wmw" ar shave RI�Me1V11. Weso 4ew+uef IMare m 0* MIT 'Think You. 1111111111111 Ticket # TKDSYT PLRCI" TICaT St RecVclinp LLC 0"'1 �lryalr ' Meal SM Vat IV CA 91352 (9191 767-5M Ticket t TM05YT ID: 7JO3974 Vehicle a Te TYDSyi Pwchassd Fra.: 61AM06 MIEC aASTE . CA . Cumtml b.: 4 324 Date: 01/02/06 Ship Data: 04/02/06 Trader: Michael Kora Its Short Material BrDu Two Not AaJ Po let ' 1. TXDSYT Tin 3/DBDa 2916Da 1920 0 4920 162052 Totals --- IB20�...___.__._______, 1820 0 GrossMght Date/Tim 04/02/08 D9;01 MMIC Two M9ht Data/Tlm 01/02/09 09:09 2.2317 @tercel 9r1ry Pd Mt tib) pricsMit Extended price Tin 1820 220.000/11r6aes tore 493.21 TOG : i 483.21 iota Peld on Owk 1b. 1981!1 { 483.21 j rin•a. n 'n• Customer Sigeatwe (All ;!gets era reported In Pounds unless otherslss irdimted) (••i' 8mresnis a .eight that m mrajol ly entered) THIS the Cali fornia I Division of t of Food and 9) or or mcrla) described haram and have the right that it chime ro Ibnrdooc Materials as defined I Or state las and that for payasnt hereby received. I title to SA Recycl ing. .ElEIR: Sailer si 111 i dWify and told btryr deapes daMrda eM liabliities. Including reasonable 1. rem{ting fro. t7r breach of any arranty Aereuder 'ms to be responsible for dreg• to vehicle dwing AWVE IIconfo�rs tha90 tAIShave beFRIN n Informd of the led rele�afa of Mates Mplfenus. 1 crtify that 1 did any v is s that rewire soeclet handling Customer copy Me SAAPLZ EXHIBIT 3D EXHIBIT 3D SAIhPLE 9750 Ran Famanda Rood SwtaTEC WStE Run Valley. CA 9/652 VF.4 w 0 RWa06 PER) S7S.2629'(&I#) -5022 Data: oiroz/De IMETR SNP DATE CO MITTCheck ft: S216641 TOSTT 04/02/06 Tin GROSS TARE MET ADJ KAMM RD 34OW 29160 4920 0 CTAn RD EXT PR10E U1 FIT 0-0 0.00 0-00 220.00W EDT TOTAL MMT .................. :MOOR RUTR08 --------- GT 0.00 468.2/ TOTALS P < O1^�7: 34060 2916D 4920 ------ ...... T.T.-.P..MT TOTAL AIIdIYT DIIE.•.•••.. DUE SIDPL IER: ".. 46j 21 61 EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item A.7 — SUBCONTRACTORS (Excluding those listed in Item B.15) This item consists of % pages (including this page). Initials:. Dated: �Initials:� 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 Jam' pages (including this page). Initials Dated/6 d� Q�Q�Initials:_Dated: 10 50 C& FRANCHISEE COUNTY RM 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. oma. SOO of bs rec+pierq¢�t. en 7is-gQ pgra�'s v} ado do /a p eebaJa o'e andiea � 8es ies re�a7os de anab++w canealm o vahkfskx P. 65 BURRTEC alww 2h*v Cm Oyre" {$6 )2704370 , Ya+tarww< Addn 1 2 3 i. 5 e 7 a 8 10 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 pages (including this page). Initials:Dated{Vc�tials:� Dated: AD L FRANCHISEE COUNTY 67 EXHIBIT 3D Effective November 1, 2008 Subscription Order To Our Valued Santa Clanks Valley Customer: The County of Los Angeles Board of Supervisors (County) awarded Burtlec Waste Industries, Inc. (Buntec), a franchise to provide [rash collection services in the Santa Clarila Valley unincorporated communities commencing on November 1, 2006 and ending October 31, 2015. Buntec lakes great prim in the work we do to keep the environment clean 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 take a moment to rate the rates 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 additional services or if you have any questions or concerns, please do not hesitate to call Bunter's customer service department, Monday thm Friday 8 am to 5 pm Toll Free at 1-8%270-5370. The term of your subscription order is 7 years from November 1, 2008 to October 31, 2015, unless it is terminated eadier as described in the enclosed Customer Bill of Rights or the franchise is terminated by the County. Your subscription is subject to the Countys execution of the franchise agreement with Booted and It cannot be automatically renewed or extended. STANDARD SERVICES I billed quarterly: $62.64/quarter ($20.88Imonlh) Standard household family services include: ✓ Once -a -week automated [rash and recycling collection service ✓ One 95 gallon refuse cart (Black Cart) ✓ One 95 gallon green waste cart (Green Carl ✓ One 95 gallon commingled recyclables cart (Blue Cart) ✓ One extra green waste container or one extra recyciables container, or both, free of charge upon request ✓ Free holiday tree collection services ✓ Annual curbside clean-up events (including certain electronic devices) ✓ On-call collection of bulky hems and certain elecWnic devices in unlimited quantities (twice per year) ✓ On-call collection of green waste in unlimited quantities (Limit of 4 collections per year for Mufti Family Customers) ✓ On-call collection of two bags of excess trash per year ✓ Four special community clean-up events per year ✓ Aftemal to 95 gallon containers- Upon request, If you have space limitations, you may receive ether 65 or 35 gallon containers ✓ Roll-out service- upon request, for qualifying ddedy and disabled customers ✓ Multi Family Customers (3 or more units, Condominiums and Town Homes) - On-call collector of bulky items and certain electronic devices wits 2 ftem per collection limit (four times 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 peryear) DISCOUNT SERVICES Pre -Pay Discount: Pay 11 months in advance, got the 12"' month free Bulk Billing Discount: 3% discount for HOA's 2 cad discount for HOA's that employ landscapers: Discount of $1.071mo per residence Please note the 2 cart discount Is condrgent upon 3 items: 1) Participation in the bulk billing program, 2) NO gmen waste barrels offered in the Hoa, 3) Vedfcabonderistkggwwwtedivemimprogram Senior Discount: $46.981quarter ($15.661month) ✓ 25% discount for residents who are heads of household, over 62 and: quality for a utility rate discount based on financial need OR generate a small amount of waste and use 35 -gallon carts ADDITIONAL SERVICES Available Upon Request Additional Containers, Each: $15.001quarter ($11.251quarter with senior discount) Additional (more than twolyear or more than 4lyear for Mufti Family Customers) on<afl collection of bulky hems and certain electronic devices: $10.00 per collection ($7.50 with senior discount) Scooter Service: For any customer who requests this service or for difficult -to -service residential premises (such as some hills or cul-de-sacs where collection vehicles cannot safely drive): once a week collection $15.66/quarter ($11.75 with senior discount) Roll-outlbackyard service: This service means 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: free For all other customers: $31.32fquartar(523.49 with senior discount) Designated location, if any: Manure Collection: You have the option to choose any provider or you may recall service from us. This service Is available upon request, for an additional fee, by calling our customer service department at 1-666-2705370. Residential Bin Rentals and Temporary Roll -0R Services: Available upon request by calling our customer service department at 1-666-270-5370. W EXHIBIT 3D What We Will Collect. We will collect residential refuse, green waste and commingled re<ydables in arts we provide, within ane week Of Your requesting servos. You must place refuse, recyclable materials, and green waste In the apprapmele arts. Materials placed outside of tarts will not be picked up unless prevlwa anangemeMs have been made as described! below. Please remember that the Canty requires You to put out arts for collection no earlier than 5:00 Pm m the day before scheduled collection and retrieve Men w later than 0:00 pm on the day of cowman a 2 hours after cdkNon, whichever is later. We Will Not Collect Hazardous Waste. Stab I" peNNW disposal of hared" matoMb and certak aiatraAe dedoa ht your trrh These Include: most paints, pesticides, petroleum derivadves such as max oil and 9oNencs, electronic devices such in cathode hey bibles (as in TV and omtpuor montors), LICE) and plavre screens. Other Oars banned from disposal Include balbetrs, thermostats, computers, telephones, answering machines, radios, stereo egWpnent, tape players/reaNers, phomgmpK videocassette ptayayremrders, akLiaOrs, aerawl am, fluae3mt lights, and certain merary-anbning dews. If these Item are dedfled n your bash, your art will be tagged and not collected. Certain electronic devim may be separately collected as described below. For BMi safe and legal disposal options, all the HAZWASIE HOTLINE at (888) CLEAN -LA a walk tood.owniom.gov/1-0111111in When We W81 Collect We will make collections; once a week between the haus of 6:00 a.m. to 6:00 p.m. on the same day of the weep bdiatetl on the postord prewouoly sent by our office (Malay through Friday) each week If your scheduled collection day fags on or after a hall during a holiday week, mtlemon val be delayed by one ay (Ffikii asthmas will have Meir collection on Saturday). The holidays m observe are Memorial Day, independence Day, Labor Day, Thanksgiving, Or arras and New Yars Day. Shedd Orem be a permanent mage in your saeduled collection day, we will now you In advance. If we mss your collection, pLffie all us and we will return to pick it W, without drage, on the same ay if you all before 3:00 p.m. or on the next collection day if you call after 3:00 p.m. We vaii reserve any othercomplaints within the same One period. Where We WIR Pick Up. You must set your arts at the curb unless you have roll-out service. If we agreed to collect on private driveways Or pevem sit we will ask you to sign a walver of damage Lability and/or indemYflation. We must repair or relgace, to your satisfaction, damaged properly, and reimburse you or mid of peroral Injury, mused by our neglipence or willful acts or aniwipns. In addition to enforang your rights under the franchise agreement you may ratlote civil sums allowed under law. We Can Bring Your Carts Out To The Pickup Point (toll -Out Service). At no additional targe, for residential customers Who artily they are not able- bodled or are elderly (over the age of 62) and have no able-bodied person mooing In their household, we will provide roll-out services (on -premise collection) of all weddy collection services: refuse, recyclable materials, and green waste collation, as well as the annual wabsde tlarrup event; hcMay bee pick-ups, and additional on-call pnkups. These servlas are also available to any other mstmrzr upon request at the charge toted on your subscription order. Alternatives To Fully Apple ated Carts (Scooter Service). If you have spam restrictions at you art storage w set -out site, You may request aOanaWes to 95 gallon arts free Of chaps. For difficult to service areas, such as aAde-sacs or hills, where a Ionated collection vehicles an at safety dike, we wig provide manual smote service and arts that are of the some aggregate Capacity at the charge listed on your subscription order. We will also provide this service o any other customer upon request. Weight Ilmitstlers of Carts. The weight limit for each automated art is as follows: 95 gallon Cart = 330 Il 65 gallon Cart = 225 lbs, 35 gallon art = 12D Its; Rooms erd/Re id/Repair. At no additional Burge, we will deliver, wac ange, repair, or remove arts within 7 days of your request, inmdng repl3oYnern or repair of damaged a stolen arts. We will tempus graOOl from arts within 5 days of your request, or wDgn 48 hours if the gafpO condom of pkhre or written obsmWes, weekends excepted. Annual Curblde Ckwh-Up Event We will conduct a Cloar-Up Event mm a year. We will collect onNnited amounts of bulky laves, excess solid waste, up to 2 passenger or a Pickup buck Ores, and certain electronic device free of Burge. We will notify you of the annual CIan-Up Event tyro weeks in advance with a description of the types of Items dirt Will be collected. Holiday Time Pickups. At your fewest, we will collect your holiday trees (such as Christmas trees and Hanukkah bushes) plead M the curb on your regularly sctedukd Collection ay between December 260 and January 140. You mat strip Mem of ornaments, gads Iighdrg, tinsel, flaking and stands. Unlimited On -Call Bagged Reason Waite Pickups: We will all extra green waste set lett at the art in bags at no additional Barge, on your regularly siadded pidmyt ay, 24 -tour mnimum advance notice rewired. Two On -Cali Pickups of BhdkV Downs and Certain Electronic Devices You may request 2 pickups of bulky Item old cerun elaLmxc dev as each year at no charge on Your resod: regularly scheduled pickup day If you call us a Last 24 lours In advance. MLIA14amily customers (3 or more units, Co dminihars and Town Hanes) will receive 4 total on -all bulky item collections, with a 2 Item per colkidon lima Examples of bully item Include discarded Furniture (suer as thabs, solas, mattresses, bac sprigs, and rugs); appliances (such as refrigerators, range, washes, dryers, waw haters, rysthwasthers, plumblrg, and other similar Item). We wD accept the following dechonic devices: atode ray tube (CRT) dewaa; (including televisions and computer monitors); LCD devices (desktop monitars, laptop computers and televisions); plavre televisions Addklonal On -Call Pickups of Bulky Stem and Certain Electronic Devices: You may also request pickups of bulky Ions and electronic devices, as described above, In ermesa of twice a year (or far pe year for matl-fafily customers) on your nest regularly scheduled pickup day, at the Barges listed on your subselption order, If you ail lea at Last 24 hours In advance. additional OUNortrarOptions Regarding Recyeables: CasOners may daate or sell arty or all of Meir rayeables to persons other than Burdac. When You Mout Pay. Bmoc els residential servka three-monm in advance. We will mag your big on or before the 10 ay of your billing period, for a simple, an April V for the billing period of April, May and June. Your bill Is due no later than the lad ay of the first month, for sample an April 300. If we do not receive payment by the last day of the second month, fa pwrmple, May 310, your ail will bonne delinquent and an additional 10% Per aurum fee will be added to the balance. We may terminate your service O you do not pay your service fees M the end of the billing cede, for er"% Jane 300. There pull be a charge of $25 to resort the service after a service Interruption and a $25 fee on returned dmak5. Customer Termination Rights And Right To Self4iml: You ray bennsite service without camae at any tin by giving as 90 days node. You may also terminate service immedately In One event of certain ertorgencdes or by 9" us 30 days notice, O we Fail to provide service (such as missing pickup or falling In Omeh/ repair or replace arts) or we bill you Incorrectly. You also have the right to self soul all or some of your waste In addition his a Instead of, subscribing to Our service. We will refund any Overcharges (nGdbg advance payments for services Out you wtsequently anal) within 30 days after we receive them. We will pay you Interest on Overcharges (other than advance Womb fa subsequently warded services) at 10% per aaxrn from the date of the overdmage will he data refunded. Where You Can ContaQ Us. You may leg us regardng ounce Or complain Toll Free at 1-866-270-5370 between Barn and Spin weal ao, except holidays. You may come to our office located at 26000 Springaauk Avenue, Sulte 101, Saugus, Gtr 91350, hail correspondence to Our once address or via email at sandidaritaftburribec.com. IF we do not satisfactorily resolve any complain; you may call the Canty at 1-800-993-5844. We Do Not Discriminate. If you are entitled to service, we will not discriminate against you on account of ram, creed, color, sex, gender, national Origin, ancestry, religion, age, physical or mer" dlsabiiitty, marital status, or pol8kal siltation. Rights Of Privacy. We will observe and protea your rights of privacy and bade scants. Unless you give ms pennsstm, we will not reveal MY kdpnn atim dedh4ng you or the composibm or contents of yaw said waste to any person except the County ler y required by law. Thank You For Allowing Burrtec To Serve Youl 21 EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item B3 — UNPERMITTED WASTE SCREENING PROTOCOL This item consists of 3 pages (including this page). Initials: Dated/6/Zj,/&&�1mtials:�l R- Dated. 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 15% EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item BA — OFFICE This item consists of 2 pages (including this page). Initials:/Dated / itials: 'M 12- DatedJ 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 Phones (866) 270-5370 Hours. Monday — Friday, 8am — 5pm and Saturday following an observed holiday rcl 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:atedInitials:Dated. (O 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.ora. 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 voluntarilyAmt the County's "Safely Surrendered Baby Law" poster in a prominent/pos'T contractor's place of business. Buntec acknowledges receipt of fact sheet relating to the Non -Employee Injury Report form that is available on the County's website at: 75 EXHIBIT 3D No shame. No blame. No 11' so Newborns can be safely given up at any Los Angeles County 4r '' hospital emergency room or :re station.. d R y a {Y@ 44 e i✓ c 4^� Y3 In Los Angeles County: F 1 -877 -BABY SAFE 1=877=222=9723 www.babysafela.omrr ��. 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 Angeles. 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 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 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, workers will use bracelets to help conned them to each other One bracelet *11 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 1-800-540-4000. 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, 6 needed. Then the baby will be placed in a pre adoptive home. EXHIBIT 3D What happens to the parent? Once the parents) 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 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 baby's 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 Semardine 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 newborn, let her know there are other options. 77 EXHIBIT 3D S:Ln,pena. Sin culpa. S 0 in pe�,�ro. Los recien nacidos pueden ser e3a l gidos en forma segura en la sales de emergencies de nalquier hospital o en un cuartgl=de bomberos del Condado de Los.Angeles. e £q En el Condado de Los Angeles: I -877-BABY SAFE 1-877-Z2-9723 www.babysafela.org a. Estado de. California Conse)o de Supervisores del Condado de Los Angeles Gray Davis, Gobemador 4 Gloria Molina, Supervisora, Primer Distrito Agenda de Salad y Servicios Hurnarros Yvonne Brathwaite Burke, Supervisora, Segundo Distrito 'fi=t1 ms Harr serrtces agency) Zev Yaroslaysky, Supervisor, Tercer Distrito GraMland Johnson, Secretario Departamento de Servicios Sociales Don Knabe, Supervisor, Cuarto Distrito (reps ant otsoc d Serrkes) Michael D. Antonovich, Supervisor, Quinto Distrito Rita Saeni, Directora Esta Iniciativa tambien esta apollada por First 5 LA y INFO LINE de Los'Angetes. F 1,Qu6 as Is Ley de Entraga de Beb6s Sin Peligro? La Ley de Entrega de Begs Sin Peligro de California perste a los padres entregar a su reci6n nacido confidencialmente. Siempre qua el beb6 no haya sufndo abuso ni negligencia, padres pueden entregar a su reci&n nacido sin temor a ser arrestados o procesados. LC6mo funciona? EI padre/madre con dificultades qua no pueda o no quiera cuidar de su reci6n naddo puede entregario an fora legal, confidential y segura, dentro de los tres dias del nacimiento. EI beb6 debe ser entregado a un empleado de una sale de emergencies o de un cuartel de bomberos del Condado de Los Angeles. Siempre que el beb6 no presente signos de abuso o negligencia, no sera necesano suministrar nombres ni inforad6n alguna. Si el padre/madre cambia de opini6n posteriorente y desea recuperar a su beb6, los trabajadores utilizar8n brazaletes pare poder vinculanos. EI beb6 llevar3 un brazalete y el padre/madre recibir8 un brazalete gual. j,Que pass si el padre/madre dews recuperar a su beb6? Los padres qua cambien de opinion pueden empezar el proceso de redamar a su reci6n nacido dentro de los 14 dies. Estos padres deber3n Ilamar al Departamento de Serncios para NiAos y Familias (Department of Children and Family Services) del Condado de Los Angeles, al 1-800-540-4000. 4S610 los padres podrdn Ilevar al reci6n nacido? En Is mayoria de los casos, los padres son los qua Iievan al beb6. La ley perite qua otras personas Ileven al beb6 si tienen la custodia legal del manor yLos padres deben Ilamar antes de Bever al beb6? No. EI padre/madre puede Ilevar a su beb6 an cualquier momento, las 24 horas del dia, los 7 dias de la semana, mientras qua entregue a su beb6 a un empleado del hospital o de un cuartel de bomberos. LEs riecesario qua el padre/madre c iga algo a las personas que reciben al beb6? No. Sin embargo, el personal del hospital le pedir3 que Ilene un cuestionario con la finalidad de recabar antecedentes m&dicos importantes, que resultan de gran utilidad pare los cuidados que recibir3 el beb6. Es recomendado Ilenar este cuestionario, pero no as obligatorio hacerlo. Z,Qu6 ocurrird con el beb6? EI beb6 sera examinado y. de ser necesano, recibira tratamiento m6dico. Luego el beb6 se entregar3 a un hogar preadoptivo. *:/a1=3k9091 LQu6 pasar6 oon el padre/Madre? Una vez qua los padres hayan entregado a su beb6 an fora segura, ser6n libres de irse. LPor qu6 California hace esto? La finalidad de la Ley de Entrega de Beb6s Sin Peligro as protager a los beb6s del abandono por parte de sus padres y de la posibilidad de qua mueran o sutran dafios. Listed probablemente haya escuchado histories tr6gicas sobre beb6s abandonados en basureros o an bafios publioos. Es posible qua los padres qua cometieron estos actos hayan estado atravesando diflcultades emocionales graves. Las madres pueden haber ocultado su embarazo, por terror a to qua pasaria si sus %milias se enteraran. Abandonaron a sus reci6n nacidos porque tenfan miedo y no tenian adonde recurrir pare obtener ayuda. EI abandono de un reci6n nacido to pone an una sihiad6n de peligro extramo. Adem3s es ilegal. Muy a menudo el abandon provoca la muerte del beb6. Ahora, gracias a Is Ley de Entrega de Beb6s Sin Peligro, esta tragedia ya no debe suceder nunca m6s an California. Historia do un beb6 A las 8:30 a.m. del jueves 25 de julio de 2002, se entreg6 un beb6 reci6n nacido saludable an el St Bernardino Medical Center an San Bernardino, an virtud de las dispositions de Is Ley de Entrega de Beb6s Sin Peligro. Como to establece Is ley, la madre del beb6 no se tuvo qua identificar. Cuando el beb6 Ileg6 a la sale de emergencies, un pediatra to revis6 y deterin6 qua at beb6 estaba saludable y no tensa problemas. EI beb6 fue ubicado con una buena familia, mientras se iniciaban los tr3mites de adopci6n. Cada reci6n nacido merece una oportunidad de tenor una vida saludable. Si aiguien que usted conoce este pensando en abandonar a un reci6n nacido, inf6rmele que otras opciones tiene. 79 EXHIBIT 3D COUNTY OF LOS ANGELES NON-EMPLOYEE INJURY REPORT Dept Name: Dept #: DN. or Facility. IRMIS Code#: Prepared for County Counsel in defense ofthe County, Special Districts and employees. 1 All incidents involving injury to non -employees, 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 1 Name 2. Addess 3 Age _ (Iset Name) If minor, give name of parent or guardian Ila 1 3W411:11121' cfjaii 5 Place of occurrence (.Name ofCamty Facility, Bldg, streetNamba) 6. Location in building (Indrae0: Bldg., Floor, Rmenlim) 7 Date of occurrence Hour AM/PM 8, Weather Clear POLICE REPORT []Yes []No POLICE AGENCY REPORTING STATION DEPT #� DESCRIPTION OF INCIDENT: 9 What was employee doing? (FiM Nemo) 4. Sex Male Female (Middle Name) (City m Town) 10. What happened? (Describe fully, stating whether injured person fell, was struck, etc.) Give all factors contributing to injury PL L 11 Condition of floor, sidewalk, steps or other physical property or equipment involved: 12 Was there any defect or foreign substance or object involved? If so, describe - 13 If slip and fall: Person's shoes Jun tl 1_ f mo1 its ':_:.viol Mao]l_ y t heels caps CiWO 14. Be specific! State which part of body injured, whether right or left, etc. If exact nature of injury is undetermined, give opinion: Int 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 hospital? Which? STATEMENTS BY INJURED AND WITNESSES: (Note: Attach additional pages ifnwded) 18. Statement of injured as to what happened: 19. Witness No. 1 Namc- Address: (Number) (Sbe91) Statement: 20. Witness No. 2: Name: Address: (Number) Statement: (last Name) (Pdm Names) (Tide) (siunabw) (Car) (City) (Fest Noma) By whom? By whom? Telephone: (Fedi Name) Telephone: Phone Dept. EXHIBIT 3D (tnmi) (mw) 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�'fnitials: -F-m{Z- Dated:(*U (i% FRANC EE COUNTY RN EXHIBIT 3D Bond No., K07913229 Premium: $15,722.00 RENEWABLE BOND FOR FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENTS: That we, Bontea Waste Industries. Inc. (Franchisee/Principal) as principal, and Westchester Fire Insurance Comoanv (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 (hereinafter "County*), in the sum of: One Million Forty-eiaht Thousand One Hundred FiRv and 101100 Dollars ($1,048,150.110 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 firmly by these presents. The condition of the above obligation is such that; whereas said principal has been awarded and is about to enter into a written contract with the County for the Exckmlve Franehiss Agreement for the Ares) of Sartta Cleft Valley and is required by said County to give this bond in connection with the execution of said contract N(YW, 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 tunes and in the manner specified therein, then this obligation shag be null and void, otherwise it shall be and remain in full force and effect. The bond is for the term beginning November 1. 2008 and ending November 1. 2008, 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, shag not in spy way release either the principal or surety hereunder, nor shall any extensions of the time granted undue plovisions of said contract release either the principal or surety WITNESS9& hands)li, / thy/ day of August -,2008 By =Ntt' Inc, By Westchester Fire hnurance company Jai / r .��Its k�`tomey-in-FaclJames BrakkeBy ByIts Its AtIorney-in-FactBy Its By Its P'taspubZONTRACTUeanesetFRANCFUSE AGREEMENTS=71Franchisee DocumentationlECOWERFORMANCE BOND French" (7).doc W CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On August 28, 2008 before me, Deborah Priest-#icGinn, Notary Public i •.z EXHIBIT 3D 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 hatshelthey executed the same in hWherhheir authorized capacty(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 corrcot. WITNESS myand official Signature Rax Notary Seal Above Signature of Notary Pudic NEENEENEW OPTIONAL Though Me k9brmetion below is not required by law, if may prove vatuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Tile or Type of Document Number of Pages Signer(s) Other Than Named Above: CApacity(iss) Claimed by Signer(s) Signers Name: Sipnees Name: ❑ Individual LJ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Attomey-in•Fact ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other ❑ Other Signer is Representing: Signer is Representing: LE RVrnT4op�¢xe:o lvaggysa wKzy¢. v�$,w8ww+,reR?� xe R S. r a.'. x� ' ✓ c F 10 zi �YD><dt9�whete�l m9a��p+iaMt��a�ale�iV;uw�q�.�,': iD's`r � -� WilGIkC.k..�dI7C A�{e[fGWtSfy' _ �' TSE BACK OF THIS DOCWENf LISTS VARIOUS SECURITY FEATURES M TMT W" PROTE=AGAMT COPY COUOTE W Am AumRAmm 85 awsm ....� .'..YS.� ..w.. a ... _. r...+... v i v RVrnT4op�¢xe:o lvaggysa wKzy¢. v�$,w8ww+,reR?� xe R S. r a.'. x� ' ✓ c F 10 zi �YD><dt9�whete�l m9a��p+iaMt��a�ale�iV;uw�q�.�,': iD's`r � -� WilGIkC.k..�dI7C A�{e[fGWtSfy' _ �' TSE BACK OF THIS DOCWENf LISTS VARIOUS SECURITY FEATURES M TMT W" PROTE=AGAMT COPY COUOTE W Am AumRAmm 85 State of California county of San Bernardino ACKNOWLEDGMENT EXHIBIT 3D On September 19 2008before me, Michele V Zamora, Notary Public DV• NpYtrwRNNW AM deo personally appeal Cole Burr Nime(c) of sgmKcl who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sare subscribed to the thin instrument and acknovoeQgad to me that 1 shefthey emcuted the rAheir authored capacity(fes), and that by ti erAheir 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. WITNE my hand and official seal. Signature ub waw NMfy See Aba Siqtmlwe d! Pa,W He OPTIONAL Though the information below Is not required by law, it may prom vaivaue 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 Renewable Bond for Faithful Performance K07913229 Document Date: August 29, 2008 Signer(s) Other Than Named Above: capacity(les) claimed by Signer(s) Signers Name: ❑ individual ❑ Corporate Officer -7109(s): — ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing: Number of Pages: Signers Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing: X6101 EXHIBIT 3D DATESURRT- acoRv. CERTIFICATE OF LIABILITY INSURANCE OP ID JI'I 2 1 0/14/08 PRODUCER AlliBut Insurance Serv2ces,Inc (Lic-OC36861) P O Bos 3280 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, ET(TEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TYPE OFRIRANCf GINB1Al. IIM2m COMMBIXALGENERAL LMBIliY CLAWS MADE ❑OCCUR POLICY NUMBER San Bernardino CA 92413-3280 County of Los Ang@lex; Dept of LOETS EACH OCCURRENCE Phone: 909-886-9861 Fax.909-886-2013 INSURERS AFFORDING COVERAGE MAIC IT ISLI ED INSURER A: aw.se saefanaL xnauravea tb _ INSURER B: S BurrtW to Industrie , Inc Sea '1 Napped IRsure� In 190tea SectgviooeR�L FonteRCaeCAr WARue INsuRExc INsu1GER D: PRODUCTS -COMROP AGO INSURER E GENL AGGREGATE LMT APPLIES PER: POUCY OC y THE POLICIES OF INSURANCE LGTED SELOW HAVE BION ISSUED TOTHE PLWU LAMED ABOVE FOR THE POLICY PERIOD FNpCATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR COP ITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED MAY PERTAIN, THE INSURANCE AFFORDED By THE POLICES DESCRIBED HEREIN 6 SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LMRS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM COUL022 TYPE OFRIRANCf GINB1Al. IIM2m COMMBIXALGENERAL LMBIliY CLAWS MADE ❑OCCUR POLICY NUMBER a County of Los Ang@lex; Dept of LOETS EACH OCCURRENCE S LTR PREMISES EaomRmlos i LED EXP (Ary Ane pRfel) _ PERSONAL t ADV BJAIRY S GENERAL AGGREGATE S PRODUCTS -COMROP AGO S GENL AGGREGATE LMT APPLIES PER: POUCY OC AUTOMOBILE UABILrrY ANY ALTO ALLOWIEDAUTOS SCGEDULEDAUTOS HIREDAUTOS NON-0WNED AUTOS IES+* LMT S BODLV INJURY (PaT�IFovls B � INJURY DddwQ S PROPERTY DAMAGE (Pmaocid") _ GARAGE ��Y ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EAADC AUTO ONLY ALGt� $ $ A E1CINSIU BREL •LWLRY OCCUR � mAsmMADE DEDUCTIBLE RETENTION $ 71G3000010-081 03/01/08 03/01/09 EACH OCCURRENCE 112,000,000 AGGREGATE s 2, 000, 000 t S VIONMRS COMPENSATION AND EMPLOYERS' I -MAL" ANY PRCPRET RPARTNERSXECUHVE OFyFN OP MBER EXCLUDED? SPE(JWL�P OV MME; bdm ITENT77Er F.L. EACH AOCUFAT S LL DISEASE -EA EMPLOYEE S E.L. DISEASE -POLICY LAIR S OT ER DISCRIPHON OF OPERATIONS I LOCATIONS/ VEHIOES/ EXCLMONS ADDED BY ENDORSESENT U SPECML PIIOY910N4 Re! The exclusive franchise agreement for the area of Santa Clarita Valley. County 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. XX -LTR Null S Voids prior certificate issued 10/13/08 •.,EM 0=1 M COUL022 9NDIN.D ANYOFTHEABOVEDESCAaED POLICES BECANCELIED BEFORETHE EMMTION SliZabeth Norris DATE THEREOF, THE mum INSpER WLL=o MAL 30* DAYS WRITTEN County of Los Ang@lex; Dept of NOTICE TO THE CRTVCATE HOLDER NAMED TO THE LEFT, - Public Works 900 S. Fremont Ave Annex 3rd F Alhambra CIL 91803 AT •.,EM 0=1 M EXHIBIT 3D aamea lnaurea Ague Mansa NRF, LLC AVCO Disposal, Inc Burr Group LP Burr Girls LLC Burr Group, Inc Burr Properties, G.P. Burrline LLC Burrtec Environmental, LLC Burrtec Recovery i Transfer, LLC Burrtec waste Group, Inc. Burrtec waste Industries, Inc. (formerly PSP Waste Services, Inc 3 Burrtec waste Industries, Inc. DBA: Aqua Hansa Recycling G Transfer Cc Burrtec Waste Industries, Inc. DBA: Burrtec Recycling 4 Transfer Co Burrtec waste Industries, Inc. DBA: Burrtec Recycling Center Burrtec Waste Industries, Inc. DBA: Inland Empire Recycling Burrtec Waste 4 Recycling Services, LLC Burrtec waste Services, LLC 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 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, victorville California Edam Rill Transfer Station Empire Disposal, LLC Fontana Rubbish Collectors, Inc Jack'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 name) 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 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) TECHEC Maintenance Enterprise, Inc Tracy A_ Burr, individually and as Trustee of the Burr Family Trust Tri -County Disposal, Inc Me' EXHIBIT 3D EXHIBIT 3D :N Policy No: 1260408 Policy Effective Date: 03/01/08 EXHIBIT 3D COMMERCIAL AUTO CA 99 40 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 following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless mod/- fled try the sndaesnhenL A. Liability Coverage is changed as follows: 1, Paragraph a. of the Pollution Exclusion ap- plies only to liability assumed under a contract or agreement 2. with respect to the oeverage afforded by Para- graph or m Exclusion Cara Cus-CootW IL Changes In Deflnitlorro For the purposes of this endorsement Paragraph D. of the DeflniUons Section is replaced by the folk wing: D. 'Covered poll M cost or expense" means any cost or expense arising out of f. Any request demand, order or statutory or regulatory requirement that any owned" Or others test formanor, dean up, remove. contain, "at d9sodry or neutralize, or in any way respond to, or assess the effects of 'pollutants"; or 2 Any claim or "suir by or on behalf of a gov- arnmentai authority for damages because of testing for. monitoring, clewing up. remov- ing, containing, beating, detoxirydrhg or neu- traf¢ing, or in any way responding to or as- sessing the effects of "potkdwW -Covered po9u0on cost or expense' does not Include any cost or expense arising out of the actual, alleged or threatened discharge, diaper - sat, seepage, migration, release or escape of "poautaras": a. Before the "poOufants" or any prop" in which the "pol utards• are contained are moved from the place where they are accepted by the "insured" for movement Into or onto the covered 9uto" or b, After the "pollutants' or any Property in %&tkh the "polMants' are contained are moved from the covered "auto' to the place where they are finally delivered, disposed of or abandoned by the in- sured Paragraphs a. and Is. above do not apply to 'acddarW that occur away from premises owned by or rented to an 'insured" with re- spect to "poWia W not in or upon a COW ered'auW it. (1) The "poi Wits" or any property in which the 'pdkkwvW are contained are upset, overturned of damaged as a result of the maintenance or use of a covered "auW"! and (2) The discharge, dispersal. seepage. migration, release or escape of the "pollulaW is caused directly by such upset, overtm or damage. CA 99 40 07 06 01SO Properties, Inc_: 2005 Page 1 of 1 O 91 ACORD_ CERTIFICATE OF LIABILITY INSURANCE M.P. 10 13 DAT10113"Y"' 08 PRODUCER THIS CERTIFICATE IS ISSUED AS A NATTER OF INFORMATION Alliant insurance Services , Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE (Lic-OC36861) HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O Sox 3280 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Bernardino CA 92413-3280 Phone:909-886-9861 Fax:909-886-2013 INSURERS AFFORDING COVERAGE NAIC0 INSURED INSURERA: T Ingt Tnwve M CV6P A Burrtec Waste Industries, Inc INSURER Now shire insurance Cc IeeNAddn II Named Insured INWRER C: Nen Hampshire Insurance Cc ction 98900 Cherna ry venue INSURER D: IaURER E. _ LAIFCNAIsea THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIM INDICATED_ NOTWITHSTANDING ANY REXIIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIM THE INSURANCE AFFORDED BY THE POLICES DESCRIBED NEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSDNS AND CONDITIONS OF SUCH POLICES. AGGREGATE LIMITS SHDWM MAY HAVE BEEN REDUCED BY PAID CLANS- "or LTRPDLT A X TYPE OF INSURANCE GENERAL LIABILITY X COMAIERCLILGENERALLWBSITY CLAWS MADE ®OCCUR POLICY NUMBER 1260408 IF GAT INNATE 03/01/08 03/01/09 LIAYTS EACH OCCURRENCE $1,000,000 PORMEMSEsEAfmlrtoce s300,000 MED EXP (Any one Petro) sExcluded PERSONAL AADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 PRODUCTS oowwNTPAGG s2,000,000 GENT AGGREGATE LIMIT APPLES PER POLICY JEER X LOC B AUTOMOBLE LIAWLITY ANY AUTO CA5456148 03/01/08 03/01/09 OOUB04ED SINGLE LIMIT (6 ) s31000,000 X ALL OWNED AUTOS BODILY IMNRY (Pe Petro) s SCHEDULED AUTOS HIRED AUTOS GODLY INJURY s NON -OWNED AUTOS ROPPERTYERT^ONMGE s Q1JU1Af22 LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EAACC AUTO ONLY AGG S S EUESSJWeRELLA UABJ.T' EACH OCCURRENCE S OCCUR 71CLANS MADE AGGREGATE S s s DEDUCTIBLE RETENTION i s C WORKERS COMPENSATION AND EMPLOYERS'LM8LIry ANY OOFFFICEWNEMMSE°R P"CLUED?ECUTIVE WC1894400 03/01/08 03/01/09 X TORYLWA I I CR E.L EACH ACCIDENT 411000,000 EL DISEASE -EA EMPLOYE $1 0001000 EL DISEASE POLICY UNIT s 1 , DUO , OOO ML descrftMW tMw OTHER DESCRIPTION OF OPERATIONS I LDCATIONB I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL 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, **SHE ATTACHED NOTES** I,CI{I ICNnIG nVlvc,� CDOiD-0 SHOULO ANY OF THE ABOVE DESCRIBED POLICES BE CANCEIIED BEFORE THE FUPIRATIO Elizabeth Morris DATE THEREOF- THE ISSUING INSURER GALL ANAL 30* DAYSWRITTEN County of Los Angeles; Dept NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. of Public Works 900 S. Fremont Ave Annex 3rd Alhambra CA 91803 t RI'PIfESEIi_TA c wrnnn rn011nMATnM 1(1RR ACORD 25(2NIM11) L� 92 Named Insured Coat - Agua Mansa MRF, LLC AVCO Disposal, inc Burr Group LP Burr Group, Inc. Burr Properties, G.P Burrline LLC Burrtec Environmental, LLC Burrtac Recovery S Transfer, LLC Burrtec Waste Group, Inc. Burrtec Waste Industries, Inc. (formerly PSP Waste Services, Inc.) Burrtec Waste Industries, Inc. DBA: Ague Manse Recycling G Transfer Co. Burrtec Waste industries, Inc. DBA: Burrtec Recycling 6 Transfer Co. Burrtac Waste Industries, Inc. DBA: Burrtec Recycling Center Burrtec Waste Industries, Inc. DBA: Inland Empire Recycling Burrtec Waste G Recycling Services, LLC Burrtec 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 EDCO 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, Victorville California Edom Bill Transfer Station Empire Disposal, LLC Fontana Rubbish Collectors, Inc Jack's Disposal Service, Inc. Raiser Recycling Corporation Lake Arrowhead Disposal Lucerne Valley Disposal, Inc Mark's Disposal - a division of Burrtac Waste Industries, Inc. Named Insured Cont. - Monarch Construction Services, Inc. (but only as respects vehicles registered in their name) 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 registered in this name) Rancho Disposal Service, Inc Running Springs Disposal System Disposal (but only as respects to vehicles registered in this nano) 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 (but only as respects to vehicles registered in this name) am PAGE 2 DATE 10/13/08 NOTEPAD: Bow -Z P 3 a+su�swwE �zreac ease. Iadnstrias, Inc. ovc uc m►h 10/13/0e Hamad Insured Cont. - Universal Waste System this name) Victor Valley MRr Victorville Disposal, West Valley M". 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 BUIM AW NOTEPAD , O, wast. Ind"trise. Inc, OP Z DATE 10/1i33i09 : ,= 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, Bodily 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 premium. %%-LTA Null S Voids prior certificate issued 10/13/08. 95 EXHIBIT 3D A4lliant 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 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, �a v Authoriz ignature Datel KG Alhanr Insurance Services, Inc • 2131 Elks Drive • Suite 200 • San Bernardino, CA 92404-5572 PHONE (909) 886-9861 • %xw.alhancinsurance.com • license No. OC36861 96 EXHIBIT 3D AAffiant DRIVER COMMERCIAL GROUP October 13, 2008 Re: Insured: Buntec Waste Industries, Inc. Policy Number. CA5456148 Policy Period: 03/01/08 to 03/01/09 Certificate Halder: 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, dj*!� D(t0 Dc� AUthori ignature KG Alliant Insurance Services, Inc. • 2131 Elks Drive • Suae 200 • San Bernardino, CA 92404-5572 or+uvr (909) 886-9861 • www.allianansurance.mm • License No. OC36961 97 EXHIBIT 3D AAffiant 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 i nature Date KG Alliant insurance Services. Inc 0 2131 Elks Drive • Suite 200 • San Bernardino, CA 92404-5572 rr,uNc (909) 886-9861 • uww alliantinsurance com • License No. OC36861 98 EXHIBIT 3D ENDORSEMENT TA's endorsement, afbcilva 1201 AM 03/01 /2008 Forma a part or poaay no.; 1260408 issued to: BURRTEC WASTE INDUSTRIES, INC aY;LEXINOTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY_ PLEASE READ IT CAREFULLY. ADDITIONAL INSURED REQUIRED BY 1NRITTEN CONTRACT A. Sscilan U Wbo la An Insured is amended b inckida any Penton a or90 atadon you are re- quved b nchde as an addillonal inured on ties poky by a wimp corerect or wham agreerem in effect during fts Poky Period and stated Prior to ha 'occrnance' of he abodily W#wy* or 'Pmpany dome".% a. The inwr provided to tie above descrAwd adddonal �ed under his endorsement is entad as fofove; 1. COVERAGE A BODILY INJURY AND PROPERTY DAMAGE (Seceon I Coverages) only. 2 The parson or orgams"on n orgy an ad. dtiomi insured vdh respect b liability wmv toe of -~ saprke or "Your pro- duct for hat addillonsl inssed. 3. In the event hat the Limim of nsaranca provided by this POkY exceed the Latins d insurers requ'rad try the vrimn convect or wiftsn agrearnaryL Ute naureras protr vided by tido andasenera shall be limded to " Limits of nauratce raquvad by tie widen commot or widen agreement This endorsement shall not nasaae de Limita Of nsu me sated n hs Decyndons ruder Aem 3. Limit/ of ausurancs pertaining b de coverage provided herein. 0. The 'mmranoe Provided to such an addtlpnal insured does not appy to 'podgy 40YO Of 'property damage• arising out of an ardl'a s, empinapb or surveyor's randsrng Of w Isk" b render any pro- lossiorW serAms ardud4q: I The propeaM asprovky Or fs6V o prepare or approve maps, shop dray► dV5# mPinlons, reports, surveys, field orders. change orden. or daymgs and specifications; anti i Supetrisory, rlspeclkn. erddecard or angowerng ocovidaa. This Muranoe doss mat apply b 'bodty 40YO rr 'proP" danrga' adeirq out of your rock' Or 'Your Produer inckWW n tits mo odueb-cmVisad opuabrs hazard• unless you are required to ostitis such Covers" by wean conraet or widen agreement and den Only for tag panod of tam requmod by to widen Contract or v"M" aWeamem and in no event beyond de equadon dote of the poky. aMeAaa <nayriyh"d ldsmedaa of the Inavrance senAcaa D/aeaa. Inn. 00346111 106M we era ptrrataaiorr. AN Ash" naarwd. Page 1 a 2 EXHIBIT 3D IL My Coverage pr&A&d try this endorse. D. In accordance rich the harms mid conditions of Mitt to an additional assured shat be the policy and as more hilly explained Me excess over arty other valid and colacpbis in poticY. as soon as practicrtila, each additional insurance avadabla to M sddYonal insured assured must qve us prompt roots of Wnelhw primary. excess, cpndrtgent w on any 'or:uurertca' may result n e titin, my y other basis unless a widen conaact w forMerd as le" wrdmt agreement "Cificaay regriea that papers to us. cooperate n tum delonse of arty actions. and this enhance apply on a pranary w odrerrise comply vtidt of tlr poicy's terms and mndiims. rpRconlr bUbry bases. C. SubimmWaph (1)(8) of die Pollution exclusion PmawsO 2L, Exclusion of COVERAGE A. 30DILY INJURY AND PROPERTY DAMAGE LN&LITY (Section 1 Coverages) does not aPWy to You if M 'bodhy r*xy' w 'property damps' adees ver of. 'your rods' w 'Your prodtice txrfwrtrd m prorrsses Which are owned OF rertbd by tits additional nsumd at tM the 'your vqV w 'your product' Is Dar. fwtned. .Wdroritad Repnsantmdve OR Countersignature Rn sates rhue applicabfel tocruda* cupyr:aht*e irrt*na de. w w 4wr.n** 5*rr{cea oraus, t.e. LXNN 1 WA)X .ir it; poraAaiy AN riots r***rrad. Pao* 2 til 2 Will Policy No: 1260408 Policy Effective Date: 03/01/08 EXHIBIT 3D COMMERCIAL AUTO CA 9948 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 This endorsement modifies insurance provided under the follow": BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by tis endorsement. the provisions of the Coverage Form apply unless MO& ted by the endorsement A. Liability Coverage is changed as follows: 1. Paragraph a, of the Pollution Exclusion aP- pies Dray to liability assumed under a contract or agreement. 2. With rasped to the coverage afforded by Para- graph A.I. above, Exclusion B.B. Ca% Cus- tody Or Control does not appy. 9. Cherugee in Definition For the purposes of this endorsement. Paragraph D. of the DNfntloro Section is replaced by the following: D. 'Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand. order or statutory or regulatory requirement dust any'Insured" or others test for monitor. dean up, remove. contain, treat, detoxily or neutralize, or in any way respond to, or assess the effects of "pollutants". or L Any claim or -suiC by or on behat of a gov- ernmental authority for damages because of testing for. monitoring. Cleaning up, remov- ing, containing, treating, deWxt ^ or neu- trekring, or in any way responding to or as- sessing the effects of "pollutants' "Covered pollution cost or expense' does not Include any cost or expense arising out of the aCwal, alleged or threatened discharge, disper- sal, seepage, migration, release or escape Of a. Before the'pollulants" Or any Property in wi icih the 'pollutants' are contained are moved from the place where they are accepted by the 'insured" for movement into or onto the covered •auto^ or b. After the Willu tants" or any property In which the "pollutants' are contained are moved from the covered `auto" to ria place where they are finaify delivered. disposed of or abandoned by the 'in- sured" Paragraphs a. and b6 above do not apply to 'aedderns" that occur away from premises owned by or rented to an 'insured" with re - sped to "pollutants' not in or upon a cov- ered "add it: (1) The "pollutant" or any prop" in which the "polkdahts" are contained are upset overturned or damaged as a result of the maintenance or use of a covered "aura^ and (2) The discharge. dispersal. seepage. migration, release or escape of the "potubards' is caused directly by such upset, overturn or damage. CA 99 48 03 06 ® ISO Properties, Inc., 2005 Page 1 of 1 O 101 Exhibit 3D — Franchisee Documentation Item B.7 — INTERNAL REVENUE SERVICE NOTICE 1015 This item consists of A pages (including this page). Initials: Dated—tials: "� Q.. Dated: 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 raDepartment 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 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 Forth W-4, Employee's Withholding Allowance Certificate. Note. You are encouraged to notify each employee whose wages for 2007 are less than $39,763 that he or she may be eligible for the EIC. How and When Must 1 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 it 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 Form W-2 is not required, you must notify the employee by February 7, 2006. 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 1-800-829-3676. 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 the 2007 instructions for Form 1040, 104M 1040EZ, or Pub. 596, Earned Income Credit (EIC). How Do My Employees Claim the EIC? Eligible employees claim the EIC on their 2007 tax retum. 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. Notion 1015 (Rev. 12-2007) Cat. No. 205891 EXHIBIT 3D Exhibit 3D - Franchisee Documentation Item B.8 - FRANCHISEE'S EEO CERTIFICATION (FORM PW -7) This item consists of A pages (including this page). Initials: Dated/A/Zq Initials: -�` AP, Dated. ID (� 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. FORK PW -7 PROPOSERS EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Rvpesera wn Swilee Was4e Industries. Inc. Atli ss _9890 Cheng Ave, Fontana- CA 42335 imrn.y aero s salvor Fnpiww iaewt ro wn Nu -4m 95-3398812 In occcedanca with Los Angeles County Code Section 4.32.014, the Proposer certifies aro agrmm that all persons employed by it its atfiiatessubsidiaries, or hdE ing companies are and wig he treated equally by the firm without regard to or because a rare religion, ancestry, natrenat origin, or Sex acrd in compliance with all antr d.scrlrrnssaon yrxs of the United States of America and the State of California. 1 The proposer has a written policy statement prohibiting any d:scamination in ® YES phases of employment. D NO 2. r The proposer periodiraffy conducts a self-analysis or uldization analysis of 8 YE3 its wont force. I Q NO 3 The proposer has a system for determining d as er"ployment practices are IN YES discriminatory against protected geoups. I © N4 4. Where problem areas are iderrtffred in employment prectloes, the proposer ® YES i fW a system for taking reasonable correctve action to incl.rda , Q NO establishment of goals and t metables. i Aero Stotrfnber 4, 2007 105 IWICII MMI k94317 Exhibit 3D — Franchisee Documentation Item B.9 — WASTE DIVERSION PROGRAM, INCLUDING CUSTOMER RECYCLING AND SAFE DISPOSAL EDUCATION PROGRAM This item consists of ;23 pages (including this page). Initials: Dated/4yo-� Initials._ Dated: 1030 FRANCHISEE COUNTY W. BVRRTEC 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 315 t. Customer owned containers Burrtec can dispose of your personal containers- Simply place them upside down at the curbside from November 3'd through November 7"' and the containers will be removed CartSize or Service Changes Beginning December 1s`, 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 en el Condado de Los Angeles comenzando el 3 de Noviembre de 2008. Los de Septiembre de 2008, concluyendo el dia 31 pagina). nuevos carritos seran entregados a partir del 25 de octubre de 2008 (vea el lado inverso de esta Los carritos y contenedores actuales seran recogidos en el momento qua 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 usar los carritos nuevos de Burrtec una vez que los reciba. Su servicio actual de recoleccibn de basura continuara recogiendo la basura con sus carritos nuevos hasta el 31 de octubre. Contenedores que le pertenecen al cliente Burrtec puede disponer de sus contenedores personales. Simplemente colbquelos bora 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, Burrtec comenzara 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 cu C6 LZ L c F Cc ` a :Ywyln o cn Lo CC I to F to 3 CO � m CO t_ C F Vr 0 � U Q U) N cu C6 LZ L c F EXHIBIT 3D u Cc ` a ry 3 O to F to 3 � � m C F Vr 0 � Q t N r qR \c EXHIBIT 3D u 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. aturdav, September 13.10 am Canyon Country Jo Anne Darcy Library 18601 Soledad Canyon Rd. F 5r Santa Clarita, CA s Friday September 19 - 7 pm Castaic Sports Complex 31230 N. Castaic Rd. 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. "Wa rh"Or" Of it" 1-866-270-5370 MC 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 3rd 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 866-270-5370 Sincerely, Burrtec Waste Industries °We'll Take Care Of It" 16000 SpringbrookAve . Suite ]Ole Saugus, CA 91350 &866-270-5370@ FAX 661-111-7876 110 EXHIBIT 3D BURRTEC WASTE INDUSTRIES, INC. "We'll Take Care Of It" Estimado Cliente Burrtec Waste Industries se complace en anunciar que a partir del Lunes, 3 de noviembre de 2008, comenzaremos a proveer los servicios automatizados de recolecci6n de basura y reciclaje en su comunidad para todas las viviendas en las areas no incorporadas del Condado de Los Angeles de una o dos unidades en el Valle de Santa Clahta. Este nuevo programa de servicio es el resultado de un nuevo contrato exclusivo de franquicia que fue otorgado a Burrtec por la Junta de Supervisores del Condado de Los Angeles por medio de un proceso de licitaci6n competitiva. Sus servicios incluiran tres nuevos canitos de 95 galones: un carrito negro para la basura del hogar, un carrito azul para los reciclables y un carnto verde para los desechos verdes Carritos de color cafe de 65 galones para el esti6rcol (boniga) son opcionales por un cobro adicional. Como cliente de Burrtec usted tambAn tiene el derecho de solicitar dos recolecciones de articulos voluminosos cada ant. Residentes de edad mayor pueden calificar para recibir un descuento de 25% si cumplen con el criterio. Para mas 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 Adem6s, estaremos introduciendo una nueva flota de vehiculos de recolecci6n de combustible altemativo de bajas emisiones para ayudar a rebajar la contaminaci6n ambiental en 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 el desvio de los desechos Carritos nuevos seran entregados a partir del 25 de septiembre de 2008 y concluyendo el 31 de Octubre de 2008- A partir del 3 de noviembre, Burrtec comenzara a proveer mantenimiento y servicio a estos carritos bajo un contrato de franguicia nuevo Su dla de recolecci6n podra cambiar en el mes de Noviembre. Por favor vea el horario de recolecci6n con mapa incluido para su dia de servicio. Tarjetas postales confirmando su die de recolecc16n seran enviadas por correo antes del 3 de noviembre Burrtec as una compania familiar de recolecci6n de desechos y reciclables 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 me)or en la recolecci6n de desechos s6lidos a las comunidades que servimos. Si tiene alguna pregunta o inquietud, por favor Ilamenos a nuestra linea gratuita a 1-866-270-5370 Atentamente, Burrtec Waste Industries "Nosotros nos encargaremos" 26000 SpringbrookAve., Suite 101 • Saugus, CA 91350 •866-170-5370 • FAX 661-112-7876 A _ R= m > O J m 0 m d � R L� 0 m Z m Z m y J R 9 m n N m p m 2 A @ o J p g o m L w F LL J 7 J O m L U C T (p p m mLnV OG 72 cE 3 m m T m oN c@ m dlocp3:--6 o t N yAmc��0 079 — toyA=m3EmPm,>m, mE C p 'U @ U M j m mmm=—=.-m .=o�tL-�o3r�m5 4 `om L U 'a 9 a' @ m mg O U m_J m V 0.2 m.Q2: 0 p>immma t 9 m O q m N N m V y H m 0 E� EmO Q2 tm2mm O O p 2-5 F m m dt L m N m T mm m Q) w E C E. E 2' @ O L m C L E p 00 p— n >; L C U m m p m C 7 @ Jmm a m m� p '.7Rv o �J 275 c o 0 p $ v ro o m o_pr�ot also ifUa d 0 41 j� p9L 0m a.q. 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GIpL Q3 EXHIBIT 3D D E m m Q L O L O o m mEm n Q m m c m N ; m °J w m m m� N N U yu m `m m W 0 $ m m S m EES na y 0 °oa$ 0 w x m m 3 0 O u x 1Oma �L m, S C O m m % = L �a D m m m Zaasq Po t i=ce w N m 4 m b� �empm nvM 13 O � .n O c= $ a n a E� d � Q d " S E mUU a DC7-ci� '6m EXHIBIT 3D D E t N 0 Q L O L O O o' N mEm n Q m m c m N m °J m m m� j N C W nma Qa0 m EES y 9 0 w mm2 m L m 3 0 O u in 2 a 02 O m m % = L 1°c3`0 > 4 m �empm 13 O � D E �N N 0 Q L O L O O o' N mEm 0 Q m m c m o m °J m m o 2 y « v Qa0 p :+maa m E T f n m L m 3 0 a 02 O m m % = L 1°c3`0 > E 0 U Q O ma 0 o' N mEm U m m W m °J 3 da m v p :+maa U E T m d 0 00 m yW s Q�ra pO'm T� H E m�j Wamum dc.m>�meE ae�Ay. p9 m (qc a'�y00 a me .eta (�mm 0a ; 9 a 09 g a 8 2A m 'dd paD n m U .mr OJ U v J p A b C_ I m r e m 3om� .QO e.A 2 m 059 Y co Omav� Eaten '(jy nt€cAm�.�sm V o; .�E•m Cb.@nt D m e@> X 0 m m n 3, n p¢ n _ii O � m m m W b D $ I0�,11 c�is.2uo me=me Wmmbc m� m OIY `� mpae •�ma� E iit c rfi �a�Q3 9? ai0 a' '9��� yDm@b6m.a'Va@ Qp �uw� pC7� tl.bm..m me�C�YD `@eg"�3�c o E i 0 0 0 m Cj m m g m d J m 1p W 'G ee 4dd0 @ Cu- W c�mYn �'e 3�m0',�m o2 mmCYDa O 20 " mDDn}J6Wom9U ' m�m W N mD mp�m tE ._D C m ? m t0f O •m m m S b_ D m' E m <j jig mm O C N D C D m D m@ m U 0 �DUV m6n b V @ `_dimm�EcmC� `,cc Nm am O 0[J ,^f C A o O n O D M r��o Do ..0 oma E•`>-nm@@a o�m � Zc 1 q _'� t m e- c & 7 m tvvril Fimm3 �@'9 [$�6 'o mmn c 2 0. moo O mm� D mp m D m `0 W 6 9 Ij Z D D UA 0 0 e 0 J D C An4m� a�' yDNC�uMT 8p0omE Em m,%ama 6 aCyO bRd 02 �RmCC[[0O- m_eUyIZ -EOm pFmfmcm DmndWE m40 q - b 70 mow D c 13 O @DO 0m 6T m� On O W-9 4 0 oo m mno 0 a m m m QnEpc a°c zi114 yb@ovo USDT°�dav7m ;EXHIBIT 3D m m c$ a m O w '2:S WIWO jD•m oN�R c �£ 9mm' . mm ROO cm �a.mc �'P w�. mwocnmO�m0 C2�w ffi 'i' vE£ p601 m0 `�mg$wccouwv cmma0 O - a0� CI 9 M y®mai o_f 0 Mveo'M� Str �m W -u�u 0wvmily OQ oO mma0 d - m nm tiP m3NLmm JW 00o0'a� `0 ma AEa, mgm-vr d.VJ 8O1;ILIp cgem �am mmm `mc W q .. 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'E �p c cOYu E t u E g � �v0 02 -a o c tea( !� N O 6 N U c Ow `0 m r v M 00 m r_j U F m Q m 60 W c cc N 0 c m V v W = 9 m p - O• Cm on d m p > om Ow N m 0 E m m m T A v Get m y E m O O U @9m U m O R 9 : Q- y m O O vmm m m j � C D m m ab a v tea( !� N O 6 N U c Ow `0 m r v M 00 m r_j U F m Q m 60 W c cc N 0 �r l Qd od N 0 vr- 97 o WWti N FWv� R .�Q Z -74 B a U H co co l Qd od N 0 EXHIBIT 3D 0 97 N j F- N R .�Q Z -74 B a U H EXHIBIT 3D 0 y0, � �! y '�ex,�,y Y' U q. '- • e n 44 n � o � V z+m 97 N j F- g R .�Q Z -74 � a y0, � �! y '�ex,�,y Y' U q. '- • e n 44 n � o � V z+m i' � t r: ra jam/► � � ... - 's it Public Works Numbers Burnie Waste City Parks 909.822.9739 409.42&7273 tised Oil Collection Graffiti Removal 354(i17 909350,GONE X" it ,am �0 J 1 �d :`�hre��w'SF$..}%' �.i. •Yi �SSx'@''a. ... a Yui . 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 651bs. 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 corner of your driveway. Barrels should have the handles tmard 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. 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 offrve 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 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 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 items at no charge: television sets, computer monitors, motor oi. _ a filters, antifreeze, weed killers, pesticides, paints, household cleaners, solvents, fertilizers, batteries and other items which may pose a hazard to the ernrironment The facility does not accept business waste, or explosives, infectious or nuclear waste. Residents must bring their Burrtec trash bill. Hours: Saturday — 8am to 12 noon (closed hokidaV kends) 16454 Orange Way. Fontana. CA 92335 'iV :g e. _ rs 'vt . �t ..`� _ h. Telefonos de. Servicios al Publico Burrtec Waste Parques de la'Oudad 909.822.9739 909.428.7275 Coleccidn deAogte Rerlrol(imiento de Gm id 9093506784 _, yy. .Y•. } 1`.. Y'a^ Y.n. YSµ k �. i3F z'e. Db'n IrN 909356.'6760!' Yy$y �.Y } 4 F �� f 0'v . 'iV :g e. _ rs 'vt . �t ..`� _ h. Telefonos de. Servicios al Publico Burrtec Waste Parques de la'Oudad 909.822.9739 909.428.7275 Coleccidn deAogte Rerlrol(imiento de Gm id 9093506784 _, yy. .Y•. } 1`.. Y'a^ Y.n. YSµ k �. i3F z'e. Db'n IrN 909356.'6760!' Basura Verde La colecci6n 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 adornos de arboi y las ramas tambien pueden ser colocadas en su banqueta 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 information. Material de desecho verde aeeptable Recortes de hierba Pequenas ramas Adornos de Arbol Hojas Podas Cepillo Hierbajos Adomos de arbusto Ramitas Material no aceptable Desperdicio de animal Nopa I Tierra Desperdioos de comida Holes de palma Piedras Hormig6n Ave de paraiso Recordatorio En el dia de mleedon, favor de poner sus barriles en la tulle pegado a la banquets o cerca del camino de entrada de coches. Los bamiles deben de tener las agarraderas hada su tura. Los barriles necesitan de estar por to menos dos pies de retirado de cualquier obstrvcddn, ya sea cercos, buzones o carros. 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 ciudad, barriles no se pueden quedar en la calle mss de 24 horas antes o 12 horas despues de su dia de servicio. Articulos Grandes dsa reemplazando un sofa viejo, calent6n de ague, o refrlgerador y no sabe que hater con el? Wosotros nos ancargaremos de esol Los residentes pueden solicitar hasty dos colecdones de articulos grandes durante un periodo de 12 meses. Limite de dnoo articulos por odecd6n. Este programa es GRATIS y es diseMdo para 5u convenienda. Por favor p6n9ase en mritacto con nuestro Departamento de Servicio ai Cliente una semana antes de su dia de mlecdon para arreglar la remgida. EXHIBIT 3D Consejos de Redclaje La siguiente es una lista de articulos que deben ser incluidos en su barril de reciclaje: • Las latas de aerosol (deben esti- completamente vacias) • Las latas de aluminio (por favor no las aplaste) • Foiletos • Cartulina • Portador de bebida de cartulina • Las cajas de cereal(quiten elforro de papel) • Papel de computadora • Cupones • Botellas/tarros de cristal • Botellas cosme'ticas de cristal • Propaganda • Botellas de lavandena • Papel de libro de contabilidad • Revistas • Ganchos de ropa de metal • Peri6dico • Papel • Tubos de papel • Guias telef6n)cas • Cajas de pizza • Botes plasticos de leche • Botellas de plastico #1— #7 • Latas de estano • Cajas de Kleenex • Sobres usados • Papel de envolver La lista siempre sigue creciendo asi que este al pendiente de ma's articulos en el futuro y sientase libre de Ilamar a nuestro Departamento de Servicio al Cliente con cualquier pregunta. Colecdo'n de Materiales Peligrosos de Casa La facilidad de Colecdo'nes Materiales Pel'grosos de Casa de la Ciudad de Fontana acepta los siguintes articlos sin costo: televisio.. monitores de computadoras, aceite de carros y filtros, anticongelar pesdcidas, pinturas, limpiadores de case, solventes, fertilizantes, baterias y otros articulos que pueden ser un riesgo al ambiento. Residentes tienen que ensennar su factura de Burrtec. Horas. SAbado — 8am a 12 medio dia (Cerrado fineslc semana de fiestivos) 16454 Oranoe tay. Fontana. CA 92335 EXHIBIT 3D Holiday schedule Reminder As a reminder, Burrtec Waste Services observes the following holidays: Thanksgiving Day Christmas Day New Year's Day Memorial Day July 4th When the holiday falls on a weekday, collections for the remainder of the week will be delayed by one day. Burrrec Waste Services (626) 93Z-1558 3fi11ilU1}.1i� - C 121iI October 199 20, & 21, 2006 g:oo 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) comer of Deodar Lane & Bliss Canyon Road Butrtecwill 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 nonhazardous waste. No tires, commercial waste and hazardous waste. 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 recyclable. All the gift boxes, wrapping paper, greeting cards, and cardboard packaging are items that may be placed in your recycling barrel. r 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. T> ' al time of year iends together ay season we <'`�' �� d your family �4�J-L�C�1e'31F. 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 CARCal^"'� ^^ vnttr regular collection Trees over 6' nee( to be cut in half. Please take all A ornaments dN and metal 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 A.M. to 5:00 P.m Phone: (626) 932-1558 ADDRESS: 1017 W Gladstone Azusa rJ ri3.11,71E.:w'�L- On collection day, please place your containers in the street, at the curb, or near the corner of your driveway. Barrels should have the handles toward your home. The barrels need to be placed atleast 2 feet away from anyobsnnction 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 also be placed at curbside in tied bundles no larger than Oft in length and 2fr 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 Prunings Shrub trimnungs 'seeds Twigs all branches .��.. MR,:i 11I._..I Animal waste Dirt iPalm fronds Concrete Cactus Food waste Rock Bird of Paradise EXHIBIT 3D iota 5 ];-ac al C I a a I-I'ti13_r We offer 3 -yard to 40 -yard containers far residential cleanups and special projects. Please call our Customer WService Department at (626) 932-1558 for more information. Re,c c'llliig Tips The following is a list of items that should be included in your recycling barrel.- Aerosol arrel: 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 botrl 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 es junk mail r 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 Srtrrtec Waste it? W V take care 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 collectid$gay to arrange pickup. - -.9n 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 species total tons by material type. All diverted materials 123 *Ass 11-311i51al 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 31) • 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 . nclude• 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 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. Shams 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 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. 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 ACCEPTABLEIACEPTABLE: NOTACCEPTABLEINO ACEPTABLE: Les"11 Hop C=1rw laa Dehio EscD Moede Canahcam Gran Clopmgil Pests �'" r -'S DiruTiena Fraehm Retain GNb�d Becure BuIC Ma Train PahaTLee Truml®aN Rem -tee de Palmers Sn dusvAsemm Palm froafl Boge de Pdmesas Tm Traimhgsl Reamles do Afth CecMUCamoe,Ro IOLPIC fm NO NAiANDOUE,UDYD0R ELECTRONIC WASTEot NO BE PERITT DESECHDS TOM. P�9LOSOS YLIQUIDDa ARM WPwp EifipN Bdenn PkaDmode Papel Fm Mom bkmaaon abw ioamdispase dHousebeld Rat"m Wase Ma4nal ma ARM WaIne(Eedercd de Anna] Pao mm mlmmaFim dedesedem donsims pd®mus porta w Ram a: 14Bg6}CLEANa 11 RECYCLABLES ONLY to ACaKAUAMAM RECICLABLES SOLAMENTE a pap�Ra� Q I Alga ieum and Metal Can Utas de AWleina ydoMetal M N"i Ahmicm DarObe" WNtie9aB6s�duW. eetlYY JNs 6W Cmm Crlipboad JvandDmwxaN WftardlCarton NOW MOUS,11QKORELEMORN;WASTE a plastic Botaw WWKSTOIOCOS,PELIGROWSYUQUIDOSNO59ARRECOLECTADOS BotWas do Plestico FwlibmleloRlalim0 how to(WwafHmNeIwIllKR DmWKkiWerCOL (Gloss idrlo Pen met durawdedwaDBdam"fit" 070501pufavolowI: f 4888] UM4.A I GafbagelBaSnra I FluldsUpidos a Batteriesdlatorin d Diapersfanales I Green Wastaftoohos Verdes TRASH ONLY/BASURA SOLAMENTE ACCEPTABLEIACEPTABLE Palm Frond&Oojas de Palmeras Normal Household WastelDesechos Domesdcos Nomwl Almnal WastelDesechos de Ardmal Rocks, UatiPiedras, Tklra Green WastelDesechos Verdes Recyclabletu Recolables Concratefc .mmo Construction DebTislResiduos de Constrccibn `Hazardous WastaNksechos Perigrosos THE FOLLOWING HAZARDOUS WASTE MATERIALS ARE NOT ACCEPTABLE: gAwaraezy Heosehold Centex, nem, Notar 01 PeaVThiaee5 Pahrts, Latex or oD-0aed) FOR YORE INFORMATIONABOU714OUSEWLD HAZARDOUS WASTE MATERIALS CALL I IMB) CLEAN LA DESECHOS PELIGROSOS DOYFSTICOS INCLUYE TODD LO CLASBHCADO COMO TO%ICO. FLANFBLE OR IRWANTE •(Anaeonaetames, Ugwdos pan Limpieaa Domestmoa Amb de Aummdvam. Oauyesde da Ptraura, Pmtmas liteay a base de acme) PARA NAS INFORMACION DE DESECHOS DOMESTICOS PELIGROSOS POR FAVOR LLANE A I IBM) CLEAN LA To Request RepLadement andl«Addaionm Contawmla) Cowaet BMtK pan) 3259117 Pan Reemplaw yln pePo Delete)Adicionales Liam: Bonhe (800) 325-0417 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: bated-tials:�_ Dated: (D W Og FRANCHISEE COUNTY 129 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: DatedjInitials: �it/1(Z Dated: 1l� 30 00 F C.,EE COUNTY 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-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 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" 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 3777 DO Forest Cke& Mira Lamar, CA 91752 FAaac 951-6d5-34SA Fax 951445-2788 m Burrtec wage ludusWes am CMRr •*Wkw AT", cm 2121m EXHIBIT 3D INVOICE INVOICE alt 32609L DATE& MARCH 26, 2008 rmh AlIOn7fC NEW 2001 AUTUM 11X64114 YLN I Svcvc6i£fW2C7612 YIN I SYCDCElE14rMip63 3 An a)VC'p(6lE:M:0761♦ WC Fm- 4% a S'ICDC6L£76HI1I7f 15 Y3M A SYCJJC31t�MW61f YFt I SVC1CG11:7 CMB17 Vf\ a sICMMESOKW61I Ills A WC &LEGRH2O7619 .DM • FVC7CfLE7nR97620 y� AlIOn7fC CASH PRY! =0 WAM" bi I FmeR,f.aaase %LES TAY WC Fm- UCEt6E me PURCHASE 0"ER at L3MP TERPM 011E PfAV I" w 200E 1% OI 0UNT IF PAW 1t7 AP= i"*: 2M I mu Thunk you for Tour buftaoalt 133 3777 tx Forest Clyde Mrs Loma, G 91752 Phone 951435-3456 Fax 951-635-2788 T& surrtec Waste Industries use owmr Avwww ftmAiw CA 92331 Atmo CM sura PM New 2M AVrWAR W XYA4 5 Drs *5&W 1 Vin + Svcm6l E98ua 7671 EXHIBIT 3D INVOICE INVOICE 207621 DATF: 5/19/00 Thank YOU for TOW buatnmi 134 AMourt oesournm aur+ aRFCE 2" worts+ AVrocAR � FEC£RAL fl(C1St SALES TAX _. - . a....-..�...n..,-.... DOC FEE UCEMM FEF r i I Thank YOU for TOW buatnmi 134 EXHIBIT 3D DIVERSIFIED TRUCK CENTER INVQI[E 4777 De Forest Circle 14 ka Loots, CA 41752 phone 951-ba5-3456 Fax 951-SA5.2786 INVOICE 9 207624 DATE: $121/08 TOTAL moo 1F chotm "Wo OD mowo4w snot Gnw .� sg1i65 3416 # Y� nne +nw a+awa+i 000+oeain6 ra a.rWa, m' WC7u� sTJor 135 raw: 10: NEW ma rAnow W)MS4 swrtec Waste Indtestrles %T= roe+dn "M em"T Awo r WIN • 5YCAC6[ ERIN FeAtoIM4 G 92M ATTrm cwx SAM TOTAL moo 1F chotm "Wo OD mowo4w snot Gnw .� sg1i65 3416 # Y� nne +nw a+awa+i 000+oeain6 ra a.rWa, m' WC7u� sTJor 135 DIVERSIFIED TRUCK CENTER 3777 De Forest Circle Mira Loma, CA 91752 Phone 451-655-3456 Fax 951-685-2756 To- Bunter Waste Industries wsa ChOM AYINUS reaaan%CA RSCS ATTM6 Cm pum SALES TAX �YEME F� PM WEW ZDD9 NUTOCAR V=64 STOCK s09A,736 M a SVCDCSLE 207W TOTAL tate SO Checks NYS m Dhe-•adrea Tnxk CaEer 1f Yoa Karn ant VYeWom cbhmring the ennk** Contact hnpge vV W Ajr 9514695-3456 Thank you for your M thee! 136 EXHIBIT 3D INVOICE INVOICE at 207623 D4TEs 5/21/08 1:11-]10111 110! 1M"l mL: RE: Los Angdes County Fi aprchfse Areas - Smua Chvita 0,000 of the 57,400 �. .�..: .. 4010EAST2065T.9 L08ANOeLE%CALIF 9=13234=-5145 • FAX 323.28"" QUALM CONTAINERS FOR INDUSTRY SINCE 1913 137 17,500 Black :•a BI :H Black 17,,500 Blue :rl Blue BW Blue 17,500 Green 8W n 8100 Grem .~ II 0,000 of the 57,400 �. .�..: .. 4010EAST2065T.9 L08ANOeLE%CALIF 9=13234=-5145 • FAX 323.28"" QUALM CONTAINERS FOR INDUSTRY SINCE 1913 137 *:1:11-31193 . 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/A 17-0 A initials: - -M 12- Dated. FRANCHISEE if 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 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. fiClll 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 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. 2. Rate Adjustment for Annual Increase or Decrease in CPI, DOE CNG, or DOE Diesel. 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 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/surveVmost. "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 hftp://data.bls.gov/cqi-bin/surveymost. "Net Rate" means Rate minus Franchise Fee. 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 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 in CPI (12 -month average, April 2007 1, 2006 - March 31, 221.64 April 2008 1, 2007 - March 31, 228.59 not month-to-month) Percent Change 3.14% (not more than 5%) quarters and January Adjustment to Service Fee 75 percent of percent 2.35% Component I change in CPI Table 2 - Adjustment Due to Change in DOE CNG (Section A2b 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 6.35/3= quarters in year — which quarter 2.12 July and October 2007, (2.29+2.33+2.44)/3= may vary, not quarter -to- quarter) quarters and January 7.06/3= 2008, quarter 2.35 Percent Change (2.35-2.12)/2.12= 0.23/2.12=0.1085 10.85% Adjustment to CNG Fuel 30 percent of percent 0.30 X 10.85%= Component change in DOE CNG *3/10 3.25% Vehicles)* Table 3 — Adjustment Due to Change in DOE Diesel (Section A2b of Exhibit 10). Calculate percent change in April 1, 2006 March 31, 2007 1271.66 DOE Diesel (12 -month', April 1, MT.— 007 March 31, 2008 1317.55 average, not month-to-month) ............ .-.-.. Percent Change 16.89 percent Adjustment to Diesel Fuel 70 percent of percent change in 11.82 percent Component DOE Diesel (7/10 Vehicles)* *In this above example, the FRANCHISEE owns a total of 10 Vehicles, and 3 Vehicles use compressed natural gas and 7 Vehicles use diesel. Rates—EXHIBIT 10 B. Section A1/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 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 hypothetical Net Rate to change in Adjustment Net Rate of 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 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 1 accordance with Section 7D1. 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 $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 $3001 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 131 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 133a, 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 B3c and a of Exhibit 3A. 24 For each failure to timely remove graffiti in accordance with $150 Section 133g 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 136 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. 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: _� Initial Here: --FKAR . 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: vmaloles6@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: Printed Name: c2r� d/�iy`I Date: /y '3 0 0 9 Acknowledged by NCyIISE Signature: ,.F Printed Name d Title: M i r N a a Date: A R ((( 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. 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. 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: Vehicles: 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; 91 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; b. RCRA; 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.); '14 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.); 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 etseq.); 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: 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. RE 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 Parry 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 Parry); 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 industrial 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 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; U. 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: 1. 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. 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. that FRANCHISEE 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; 106D 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 99 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)(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. 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: 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 CERCLA 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); Definitions — EXHIBIT 21 8. 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: 1. 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); Wei 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:�aspublCONTRACTWeanettelFRANCHISE AGREEMENTS1200TFranchisee DocumentatioMSCVAgreement_SCV_Revised 3-11-08.DOC 107 EXHIBIT `B" (Boundaries and description of Annexed Areas) LA 44850-3185-2816 v1 - HOA.961206.1 No No, :..5.R I( EXHIBIT.B" Page 1 of 40 NN A4� EXHMIT `B" d_ . No LEGAL A4S=TION.. ANNE_X'_ATION NON, S6 TO THE CITY OF SA'N'TA Ci"—N « COPiRST'O1dE"No No No That _portion 'of the Rannho Sae Francisco' in the Couuuy of Los _Arigelesr State o= Califto � 'as shown on map recorded in Book'1 pages 521 and 5221 of Patentsr is the office of the Couzity Recorder of .szie county described' I No as follov;s: in' = intersect" O.i 'i ne Cen`tr�-ne of copper g-1 � • . 3egdnning IN at -the point oa ;rive w th the centerl e o Demoro•'Lriva as show_` on reap o= _tact No .n' filed in Book 125.6 Pages 9 throu9$,12 inclusiver of Maps:. in s td F office oft Connty Iiac'ordsx; ' said point being oa a cu=r �n sand' -,' cmn eroo.n nz of CopDsr_fiiLlrkive,.6onazve northvTesterly ham a rac_+ss o3 _175D.Q0 • fe=_t a'rajual line. Y�ougs said poiit bees 1"vox td 33°12r�6rr • test, 3d.po—t also being an angle pOi an T.}3E DOtLr-daT i� Oi t'�e City OS NN No Santa Clarita as the •nems existed on Dctober 141 201A; TI02' (Cl) leaving said boundary of the. Santa Of Sa,a Clarita a=d Zortheasterly tong 11 said centerline of Copper Ri11 Dr;.ve'and said curve and along the No centerline of Copper Kill Drive as shown on map of T -act No. No 48202-.0,4 NoI filed in Book 3297 gages 55 throltgh 61.inclusive, of said -Maps through a cep ral angle of.27°05'20" an. arc distance of 827,38 :est to' �Q,point of intersect,' Ist.said centerline v �• ha r-orthwesLe-lv prolongation. of 'the northeasterly line of Lot. 37 of s��d Tract No. X8202=04, thence J. (12) radial to said cn:.ve and along said prolongation .. along said northeasterly ling South' 6o°18rD6" East 127.90 fast to an angle' point;NN k No •. therein; thence.. ; (13) along the northwesterly line of said Lot 37 NOxth.33°a6119" BastNNP' 1e73.51 feet to the most sante ly corner of said Ldc 37 also being.The NN No No X:\?DYa1+\W0.�.7 70T>U:�?.�S\iXfiIBT-TS\8000 cX328:T51e'�l COP9ST0?L��•idlC•r,{ 20?0-SO r^.1'.i.b0^. c.q MX IT'B" -- page 2of40 4$202-05 es' sho'va Dn map .filad .n Book ' nb�thsastsrly cone_ of 2iact vo. 1248 Pages,24.through 33 •inclusiver of SP.. TMia»s; thence' (y4) 48202-05 the' along .the general; easterly bopp-dary•of said �rac'i 14.0, . allowing 25 .courses, South 15°49+58" Ezst 204.97 feet,' thence (y5) South 49°23x06".Bast 74.35 feet; tbance' (_•5) Sourh 1?°D1'34" West '71.56 6et,'thence (y7) ?�nr h 83°05'11" West 77,10 feet; thence (y6) South 64°35'D6" West •8D,82'-ieeti thence (19) South 09°26'•04" West 78.56 188t;.thence (y1 D1 South S5°50133" Fast 50.72 feet; .thence*". gill) South 72°56'22" East "60.99 feet,'' thence' (112) South -69°33'39" East 58.92 -feet; th�-Ce (y13} Soutc 3603$'59" Ezst 61498 feet; the=ce n 14°45 02 �- Gst "56.66 feet; thence m jy15) South 07942'29" Bast ?3.95 .feet; thence (iib) South•1-6°21'36" Fast 86.43 Peet; thence (117) 'Bast. 13S.53 Peet; :—"auce, �. -(•�1•$1•.Boiffl+'.00,°..05,01"3ast•76.,93 =Set; `4henca ' g SD'3t, 03°03'5) West 128.63 iee�F = } E1� (- ° , ' „ 51.03 lest; thence (120) South '29 12 13 west 1y21) South 52°42 43" West 41.79 :eat; t fence (y22) Son`h 43033128" West 59,61 feat; thence (L23) South 09021'05" West 152:50 =eat; thsnc@:. (y24) South 26°39'52",Las t'45, 35 feet; thence ' (y25) South a1°D5'2a" past 66.. 03 feet; thence (y26) South 33°04'43 East 128:67 faetr- (y27; South,17°13'33" East 35.05 aEt; thence ie o_nt•in the easterly (y2B) South 05°54'53" Bast 3fi2.09,fast to an9- p lira of Lot 10 Of said.T=act No.• 48202-D5; thence". (y29) along said .essterly l ue'and its prolonSation South• 02°39.`35" 'nest 49.45 feet to a,Point of.intersectio*1 With the centerline•oP beeozo esi51' as Ali on map of Parcel. 15ap No. 24981 fil 3pok. 289 PaS. is \"�-DTi\'r70RD DOCS\=•iE7u+6\+''Y3�+P'T-mg\8000 EXlis�a-=8\8551C0??5'--'•STONJ,Z' 2910-1➢ "�`..2•D� ^ ,_ .w. X:\Aa AINCBDDO"S\`:bCu5\r.YAR3-+^.6\8000 9Ri.niTS\85n1 CoRmaS?D?M NORM 2010-10 Ski. DOC EXHIBIT B„ Page 3 of 40 ` •- 02) along said boundary 1Vorth 02°39135" East 40.00' feet to an a•ngle ,; F. lzoint •ierein;'thence (132) continuing along szid Soundazy forth 87P20'25'° West 69.49 feet. to an angle point•therein: thence (1'33), continuing along, sa d. boundary Borth 870211300 West 128.32 teat to the begs ing of a tangent'cnrm concave northerly havam" cr a radius of feet; thence ,2360.00 (C34); westerly along said bouadafy. anal along lasz'said curve and among the' northerly !ins of said Dec6ro Drive toth rough .a central angle' of , 180311DO" an are distance of 827.33 feet to an angle point 'in .said boundary; tharice' .. {L35) along said'boundary and radial to 'Fast said cur re Some 21°09'30" West 40.00 feet to an angle point. '-herein on the centerl7=e of sa' d Decoro Drive 'also being a ao t -'at the beg: nine of a curve concave northeasterly having a radius of 2600.00 aet,• to which last said 'course is radial; thence i {C3o)_ aowesterly along said boLdry and last said curve and along said. centerline'.. enterlin.. of Deccro Drive"thro:ugh. a •central angleof 30°46'52" exi i arc distance of 1396.90 feet, '-hence (1.37) along said bo+indaty and ta'age=t no las U said curve %n_ th .35°03F Vest "92.57 fest to tie point of .beginning. Containing 6B.B6 acres, more or less. X:\Aa AINCBDDO"S\`:bCu5\r.YAR3-+^.6\8000 9Ri.niTS\85n1 CoRmaS?D?M NORM 2010-10 Ski. DOC Ili I 1 I .f +n • EE s P �. e O • O �' . - - 1� \. .I, ....z :. U 0.. `Ilk . ... It Ili I 1 I .f +n • EE s P �. e O • O �' . - - 1� \. .I, ....z :. U 0.. `Ilk . ... ' EXHIBIT `B" Page 5 of 40 HIBIT AB" .NQ. 20II-03 TC HE T CITE' OF.SANTA CL.A U l A " E•TLSNL,RE CANYON" ON" Th ose portions of Section 7 and Section 18 in Towns-r_iP 3 Nbrthr. Range 10 Vest' and those portions of Fxactional .Sections 12 and 13 in Towns=- p 3 Northr Range 16 West, San Bernardino Meriaiz"r 'all according tv the official plats thereof, in the tiuxinco_porated territoz oz the C.°-ITAZ1y Of los Angeles, State OT Cal iiOx^Sa together with L=_t •portion o= the Rancho SamFrancisco as shown on naP recorded In ' 1 ?ages 521 and 522. o= PdtentSr _n the o_-+ce o£ the' Co=t."y i__ Book r Recorder of said Couaty described as a w;nole as =ol ows: 'Beg'' n;ng' at the east quarter corner o= lain Secior'7r' said co nss __....__ .. • the City 'of Santa Clarita as the se _iie.ng a Po. ^'c on :tee boundary o* =s> existed on January 114 2011; thence (L1j lesvia, said bourda y and along the easterly line of the southeast quarter of said Section 7 South 00059121" 'West 2905.63 feet to the northeast corner of said Section 18; thence (L2) •along, the .Aortherly line Of the northeast quaver of said' Section 18 North B9°2Br321e West 1D83.57 feet to the northeasterly carrier of the northwest gnarter of the northwest quarter of aaid Section 15 as described in Parcel 4 in deed to said City of"Santa Clarita racorded: October 29, 2010 as instrument no. 20101552582 "o£ 0=fic_al Records; in said os£ice of the County Recorder; thence (L3), along the 'easterly line or last said northwest quarter d£ the northeast quarter and along the easterly line of the southwest quare of the northeast quarter o£ said Section le as described Parcels 3 -anal 4 of last said 'deed South 02004159" West 2607.54 feet to the. x: UilY53!P\MORD DOCSYMCALSVV '3T37 %BODO �B'TS\6560 E•.5 SLs7L-\ c`-'L'.khT�%•'flOc • a EXEM7 `B" Page 6 of 40 s carter off the .nortu'East southeasterly corner' of .said . southwest q' . t,.. . �, `quartsr; thenceI (I4) .along the south line o= the nbxtisast quarter of said Seption. South •69°38'53" fest 1220,49 feet to• the southeasterly 'cornzr 'of the ' northwest quarter °='.said Section 1B;:thence _ () along the south lire o= fast said no '�hwest gaarter .South 89038t.530. Wiest 25=8.87 feet to the west qua=ter corner of said Sec�•on 18, thence' •. • (1.6) along the 'south :line of the 'northerst quarter o said Frae Tonal the Section 13 North 86°39'15^ West 973.29 feet •to a"' point 4)°A -also cert=_rune. o= the Pstelope Valley Freeway (Stats ?igawaY . Clarity as the sa_ms,.,: being a'point on the bounaxy,o= the City o Sarva h existedsted on JaPa 4 11,.20" toencs baxtndary N'O= a On .1 a; y,7 1 said centerline and g est s_. ( °) along 9 et to 'the bagiining 9' a tangy -t. cce Cancan 18 56 51' past 1_B.86 f • westerly •hacing a radius of 3500.•00 feeti;, thence (C8) northerly zlon5 said centerlias and along last said boundary zn , a 3e°58'29" an zc.dystaAce Of _ sa.=n._nurae .th_ ropg, a ... .- ' 2135..48 feet; the ce nad (1,g) . contjM ng along said centerl ne and. lasn said bouuda�3 . „19D8.17 feet 'to the tangent to sad verve North 16 D1 38 .Est haemin a radius of begir�ing of a tangent curee concave easterly g 3000.00 feet; thence.. (C10) continuing. norherlg along Said centerline and last send, boundary 'and ' las •said curve t)ar°ugh a central angle of . 40 ° 52' 22" a� arc di.star_ce. of 2140.0'9' feet; thenca 1 est said' boundary ' and (LL) cont;ruA along said centerline and n rash y ��et tp;�an. tangent oto last said curve 3vorth 24°50' 4". 45• ..-. EnglE,pbint it said boundary'of'the City Of .seita Cla ita;•tlxence (L12) .lea ing said centerline .and along last, said 'boundary the following 7'courses, South 89°09'09" east -872.20 feet; ,thence (Ll3) South:'83'22'14" East 1285.70 feet` thence .A. (114) §ou�h'•00°.2'8 3i , Fast.394-97 feet; thence %: 4T -D \T'+O�D DOCS\iBL•:�'+3\ a' -82T3\8000 vm:Szm3\8560 37.3 MLS=? C=�� TXh"-K.DOC I ( i 'y x:\aoc�\ ozn aocs\naacs�x�� xs\e000 mm \8550 sxa Msnrxe ca ANI-x_noc • EXHIBIT 9E11 Page 7 of 40 (?,15) south 89'07,46rr Fast 1291-28 f9et; thence � :�•i •(y16} South o i rr 89 07 39 East 1268.02 feet; theace'`• i (117) South 0o°36'051, East 652.49 feet, thane (Ll8) South BS*W59" East 1250.57 fast to the point ;of l�egio*iag-' . contang B0G.52 ages, more or less. �o x:\aoc�\ ozn aocs\naacs�x�� xs\e000 mm \8550 sxa Msnrxe ca ANI-x_noc • fl a 3" 4 i g 3'till tg 'ttt�4., Saga;$@e'`a$B$ggw .pe=�e.aaaexm aaln"':eg8"-Mill. =t'� .. a5a�n�"aaSepa. asp s"sea,.. ,.,.see WIN SS gLi n x F9; m - ,o II i i • � � SII •SIOLtld 30 'ZZ°'!Z= 'dd'I N;1�a WORM ONDNN.' 3o rvu�ovo 4` i +m i2 .. . u EXHIBIT ,vi Page 9 of 40 ExHE3IT "B" IX6AL DE80IPTION ANNE AEONNO. 2011-22 TO THE CIT�r OF• SANTA CLARII A " "—NOP�'TfiCOPPERHLLL" :j�hose.po tions of Sections' 5, 6, • 7 and 8, Townshj.p 4 NOsLhr Range. _o West and those portions of Sections i .and 2, To-,mil;ip 4 North Rallge 16 west and those portions o£ section 31;,?ownship .5 NOrthr Pange 15 west aid those portions o= soctions 35 and 36'r=Ownsh_p ' is°r'"hr R-=-"-3e ,1.6 wast, all of San Bernardino Meridian in the County o= Los �ngzles, State •of'Cal�fo_l=a described as f011ors:. ' Beginning at the northeast corner of said section .5; thence (?1) along the east line of said Section 6 South Ol°49`09" �a"sem• 2321,64 feet to a point on the oentexliae of-Boucruet Canyon aoad as .,5iiomL'-.I•.j.�-'of''fract 1;76-:` 35151 filed in Book '1095 ?ages 4•B' to 55 elusive, of daps; in rhe-office of the CountY Recorder. of said county; thence (Z2) along said centerline South 59'53'56' west 32D,16 feet tc a'P°=^` on the north line of the southeast cuarter o=,said Szcion 6p thence (13) along said north line north 89°47'35" Last 254,85 feet to the northwest corner of thd.sou`�.hwest quarter of said Section 5; thermos (14) along the•north line of. said southwest quartz' of Section 5 South '89607107" East 2.272.672., feet to the east line of the northwest craarter Of The southwest m'i'ter of said Section 5; thence'. (Z5*) along .last said Basi l ne South 02°18'54„ west 1315.38 feet, to the south line of last said northwest quarter of the southwest quarter; thence (r,6) along last said south line North 'BS°58 38`r west, 1b76..06 feet-p the northwesterly corner of Lot 170-of Tract No. 4.6268 as shown.on map filed in Boot. 1141 pages l to 12 inclusi-ce,'oi said Maps; thence r xr\Enesn��oan nocs�.azzsls�.x3r*s\a000 �3T-^,^s\sssa sxs.noc � ., , j EXHMIT"$" - Page 10 of 40 j, nosthw=stsrly lines of said LOT, + 7) along the southwester_' and - • •}.J thence as follows, South 01°01''22"•East 14•,73 rest; (LBj.so46°47'9" East'334.06 feet; shenc 1 6 :(L9) south 56°22'51". a5t 117.00 feet; thence , (u1.0) South 60°5°'37"'East 697:63 feat; thence South 27°39'" we feet; thence D9'west= 1Y line 'Of. said' (L12) south 78°56'48" Nast 159.%8a to _ feet eract No R '462'09 oad as 'Shown on Lot 170 on the northeasteily line of sznta C$ta -n3 said map of Tra t :Wo. 46268 and as .shown or rap of T. s 50 to 61 .inclusive, of said NaPs; thenc led in Book 1234 pacee (L13) 'along last said. aostheas xlY line South 07°:50' S1" East 82.05 feet. to the beg+ -g of a tangent curve corcase northaastexly havin4 68 set; thence a'=adiuS O` L .OD = ed 3orthcastesly ((14) 'CO^ n1Li _g Zlong last SZ7 nbrLSloaotel�l :1' a�Ong last Said Cnr°e,thrtrugh a caatra'1 angle OS 29 . dist 243:61 fast; .thence . „ i '—� along last said-. noI4REaaL5Z1Y 144E z"ld t21'_gE=t t0 (1187":;ont_na.. ' —'' lassaid ci'6' sou h '37°40!17"' East 69-50 fe$ti toe rOi`uWEstErly . co .ex of Lot 116 of said Tract'No. 46269; ='Tmo ' g (L56) along the northwesterly line of. sale mot. 116 luoxth' 7B°56` 8` 1"--1.34 feet t0 he rOrtheasterly comer of said Tract 130.. 45269; East _ thence said mract No. 46269 as --follows, (L17) along the easterly line of . South.28°44'30"` East 341.3s feetr thence (L1S) 90'u h'03°91'26" East .60.D0 feet; thence (TSoith 09°38`05' East 66.58 feet; thenhe - fa to the southeasmerly coi-ne= of (L20) SDuth DO°24`16" West 192.9_a Lot 108'of said Tract No. 46269; thence . (L21) South 18'33'29" West,64.00•feet along last', sastexly live co an angle point therein on the northeasterly <lan 'o -r Lot , 107 of said _ ncnca "nn a� cur7e concave southwesterly 9sav;.ng 'a. "-'ad�•us. Of: Tract mv--- . :East through which urt, said course is•xa a ; 3 6.00. _ f 1 . ' R:\f�7tL•?<\W2RD DOC9\�G&u5\F+�T3�^E\$000 �?�BITS'8562 EXMIT "B" _., Page 11 of 40 I ,I(C22) southeasterly along last said curve and along, sa? no—_^_easterly . .. 1. through a central angle 1°50'01" an arc distance of 10.16 feet . to the' northeasterly corner o=.szid Lot - 107, thence,' .(123) continuing -along said easterly lire of Tract No. 46269 the. following thres co ses� South 15°32'3B','. West. 156, 15,sset% thence ' (L24) South 22°21'52 iroest 58.16 feet; thexxce (L25) South 31°31'58" Wast 165.85 feet; thenbe (126) continuing along said easterly link of T'ao& �o• 46269 end along the easterly line of Tract •No. 4627D as shown on map filed an Book 1234 papas 40 to 49 inclusive, of.. said Maps as follpwsP. ,South 36°18120" West 485.49 feet; thence se` the -(1Z7) Sauth 25'111.07" Wsst'.140.33 _ i,, (L28) South 13°0713Y'West 61.44 feet; thence (129)' South 07°52'46" West 50.91 feet;:thence (L30) South 07°33105" West 1.74.40 fest: thence (L31) South 04'48'44" 'West 43.09 feet; thence " (132) South 0103314,3" East 345.76 fast to the southeasterly cor=er of...... --- lot 7-8-osaid Tract No.-•46271-•being•a voint-on the iaxthexlg_.lane of —_ nim Canyon Road as. shown on sail nap of 'Tract No. 46270 apd ao sh'o r on sp or Tract No, 31l,58 'filed in Book 1246 Gages 20 to 24 inclusive, of said Xaps and as shocm' on map bf Tract No. 44966 filed =r Book 1.14p' pages 78 to 86 inclusive, of said Nk thence (L33) South DB026r5V Rest 50.00 feet to a point on she 'centexliae of said Plum Canyon Road beirg a point on a curve concave no=.therly having a radius of 3100.00. fest; to which last said course is radial) . , renes (C34) westerly along last said centerline and said curve as sollQws, through a czr_tral angle of ,120.50`36 =^ arc distance of .694.89 Beet;. {L35) targext to last said curve North 85°36'22" west 445.21 fee'.'"to ' the beginning of a tangent• curve conczve northeasterly >=av:Ll' a radius of 1200.00 -feet; thence x:\ nt�WOzn nocslEi�_c2 5\6382•n�S \ \ - - EXMIT "B" _., Page 11 of 40 I ,I(C22) southeasterly along last said curve and along, sa? no—_^_easterly . .. 1. through a central angle 1°50'01" an arc distance of 10.16 feet . to the' northeasterly corner o=.szid Lot - 107, thence,' .(123) continuing -along said easterly lire of Tract No. 46269 the. following thres co ses� South 15°32'3B','. West. 156, 15,sset% thence ' (L24) South 22°21'52 iroest 58.16 feet; thexxce (L25) South 31°31'58" Wast 165.85 feet; thenbe (126) continuing along said easterly link of T'ao& �o• 46269 end along the easterly line of Tract •No. 4627D as shown on map filed an Book 1234 papas 40 to 49 inclusive, of.. said Maps as follpwsP. ,South 36°18120" West 485.49 feet; thence se` the -(1Z7) Sauth 25'111.07" Wsst'.140.33 _ i,, (L28) South 13°0713Y'West 61.44 feet; thence (129)' South 07°52'46" West 50.91 feet;:thence (L30) South 07°33105" West 1.74.40 fest: thence (L31) South 04'48'44" 'West 43.09 feet; thence " (132) South 0103314,3" East 345.76 fast to the southeasterly cor=er of...... --- lot 7-8-osaid Tract No.-•46271-•being•a voint-on the iaxthexlg_.lane of —_ nim Canyon Road as. shown on sail nap of 'Tract No. 46270 apd ao sh'o r on sp or Tract No, 31l,58 'filed in Book 1246 Gages 20 to 24 inclusive, of said Xaps and as shocm' on map bf Tract No. 44966 filed =r Book 1.14p' pages 78 to 86 inclusive, of said Nk thence (L33) South DB026r5V Rest 50.00 feet to a point on she 'centexliae of said Plum Canyon Road beirg a point on a curve concave no=.therly having a radius of 3100.00. fest; to which last said course is radial) . , renes (C34) westerly along last said centerline and said curve as sollQws, through a czr_tral angle of ,120.50`36 =^ arc distance of .694.89 Beet;. {L35) targext to last said curve North 85°36'22" west 445.21 fee'.'"to ' the beginning of a tangent• curve conczve northeasterly >=av:Ll' a radius of 1200.00 -feet; thence x:\ nt�WOzn nocslEi�_c2 5\6382•n�S \ \ EXfiIBIT `B" II Page 12 of 40 `'- -i lastsai� curve and se3d cer-terl_-ne. o= "�•' ' st n.(C36) northwester_y along , kn. . Canyon Road through a, central an of 33012' 30"..'a �' arc distance os 695.51 feet; thenoe (L37). tangent to lest said.eurve and ale3g.. last said centerline of plum` Cantron Road ,Borth .52°23`52" .west. 273;94. feet to the northerly. •. tenni-nusos that cocrse..shown.as Dldrth 37°36'06".Nast 3,94 =eet (D2) ;map of =ract No. 449 on said 66; thence , 4 (138)sa along last said course South 37°35`08" West 3.94• feet to an angle point in he. be of said Tract No. 44966 and an. angle point in the boundary of ;the City of Santa Clarita as the same �lsisted on , ngay 10, 2011; taence2 (L39) along said bon=d t Q:,:tb' City of Santa,Cle=Ta Noruh S9°12'30" We 15.04 15. D4 feet` to.'the teging' of a. tangent curve Concave ' radius RT 2000.00 feet; .the=ce S.DliZfSZer_y ha—_Q a _ . (C40) continng among Said boundary ox the ^icy dz Santa Cls +ta t along she follow �xg Courses and curves, `nortnw sserly along last' $aid . L carve through a central aagle o£ 16°55`51" an Fro distance os .591.00 xeet._t-0. 'aha soavrweste_ly ' corner 'of said..Txact .No. 149.66 - the3ce _ .. '2 ". -est 243.20 feet; the✓ce, (i41) North i6.°2.3. 6 (Le2) North 16°49'46" Nast 6()-OD zest;. t^eace'. (L43) North 73°10'141' west 37.50 feet; thence (L9-Q North 16°49'52" Nast 127.21 feet; thence (L45) North 88°26106" West 28.00 Feet; thence (L46) North 0?°00'64"• West 104.47 feet; 'thence (L47). North 05°29'16" west 64.00. meet to the begina±ng of. a non- 68-DO set to- • tangent curve concave northerly having g a radius of = wlich last said'course is.xadial; t,e;Los h a central kkglwe o£ (C48) westerly along last" said curve tlroug- 00°l8'22" an arc distance of 2.50 feat; theAoe {L49) non-tangent to last said terve NoxLh 02°00'16" West 183:57 feat; thence (T,50) South 89°07`48" East 36.60 £sat; thence N`o=th 79°06'57" East.81.07. feet; thence. (152) _North 72°4y10" Nast 82.48 feet; thence `X:\11D*.A�'\WORD DO"S�+SCP�S�c%'T-�T?6�8000 s�I3?T6�9$82 MM-DOC \ ° i n oDo--t n on • •a . nOn—ta*1 ent M.53) North 26.56 32 . West 105.08 feet.tb ag du. rvebondane nosthxestesly having z el radius of •' 230.00 • feet, .4 s=_dial : • line through last said point bears porfh 26'45`15" West; thence (654) northeasterly -along last said c+*ce through a'azntral angle of 15°51`48" an arc distance of 63.66 testy thence "(155) radial to' last said a=.vve North 42° 41'03" West. 'n0.00 feet; thence . (L56) Nor L h 43°'54" West 155.36 'feet; .then ' (L57) North 22°•23`31'" West 120.88 feet; Pthence (L58) North 07°40137" West 343.94 feet:. thence (L59) North 00.°10'01' East,251:05 feet; thence ' (160) North 25°^--4'30° Rost 1148.04 feet; thencd (za..) North 02016'50' S'ast 13:6.37 feet, thence 89°^-7'.35' 'gist 778.83 feet; thence (L63) North 00`08'41" Bast 1350,83 feet; thence (L64) North 89`34'15" West 600. do feat;.• thence i _.{L65).North 99032151" West 1009:75 feet; thence l ::. (`66)".Sou a.-n"03°58'.47"West 853.37'feet;'theace . (1.67) coa-tnuing along sa=d Citi bounda--y South 66°29'31" West 89.98 feel. to the beg=,ug of a 4aageat cu":ve concave no �h==1Y Awvi g a radius of 1500.00 feet; thence (C68) masterly along last said curve through a central a3gle of, 54047'04" an arc distance. of 1434.25 feet; thence (169) non^tzriyent to list said curve South DO°76'53:' Vast 540.98' fast;... thex±ce • • ' (L70) South 00°15'27" Rast 2644.81 feet, thenca- (171) South 89`L1'16" West 500.31 feet: thence . (3,72) North 00°16'04" West' 555:00 feet; thence ' (L73) South 89041116" West 826,54 fast; 'thence , (L74).South 00°16121" East 555.00 feet; thence (17 5) South•.89941116" West 1179.60 feat r.therce (176) North. 11026131"West 144'.73 feet; thence (177) North 090A 154" East 593.86 at; 'thence " (178) North 26°22'18" &est 95.23 feet; thence xz\8D1n'%mCw Docs\=.mzs\smlB=Ts\eboo ax=IB=Ts\area ,xe,Doc v E=BIT "E„ Page 13 of 40 ° i n oDo--t n on • •a . nOn—ta*1 ent M.53) North 26.56 32 . West 105.08 feet.tb ag du. rvebondane nosthxestesly having z el radius of •' 230.00 • feet, .4 s=_dial : • line through last said point bears porfh 26'45`15" West; thence (654) northeasterly -along last said c+*ce through a'azntral angle of 15°51`48" an arc distance of 63.66 testy thence "(155) radial to' last said a=.vve North 42° 41'03" West. 'n0.00 feet; thence . (L56) Nor L h 43°'54" West 155.36 'feet; .then ' (L57) North 22°•23`31'" West 120.88 feet; Pthence (L58) North 07°40137" West 343.94 feet:. thence (L59) North 00.°10'01' East,251:05 feet; thence ' (160) North 25°^--4'30° Rost 1148.04 feet; thencd (za..) North 02016'50' S'ast 13:6.37 feet, thence 89°^-7'.35' 'gist 778.83 feet; thence (L63) North 00`08'41" Bast 1350,83 feet; thence (L64) North 89`34'15" West 600. do feat;.• thence i _.{L65).North 99032151" West 1009:75 feet; thence l ::. (`66)".Sou a.-n"03°58'.47"West 853.37'feet;'theace . (1.67) coa-tnuing along sa=d Citi bounda--y South 66°29'31" West 89.98 feel. to the beg=,ug of a 4aageat cu":ve concave no �h==1Y Awvi g a radius of 1500.00 feet; thence (C68) masterly along last said curve through a central a3gle of, 54047'04" an arc distance. of 1434.25 feet; thence (169) non^tzriyent to list said curve South DO°76'53:' Vast 540.98' fast;... thex±ce • • ' (L70) South 00°15'27" Rast 2644.81 feet, thenca- (171) South 89`L1'16" West 500.31 feet: thence . (3,72) North 00°16'04" West' 555:00 feet; thence ' (L73) South 89041116" West 826,54 fast; 'thence , (L74).South 00°16121" East 555.00 feet; thence (17 5) South•.89941116" West 1179.60 feat r.therce (176) North. 11026131"West 144'.73 feet; thence (177) North 090A 154" East 593.86 at; 'thence " (178) North 26°22'18" &est 95.23 feet; thence xz\8D1n'%mCw Docs\=.mzs\smlB=Ts\eboo ax=IB=Ts\area ,xe,Doc v EXHIBIT `B" I� Page 14 of 40 ce .�.(i79),Na*'ch 1D°10`25' East 551.01 feet; thence ; tu. .. Narth B9°32143" West 360.48 -feet to a point at the beginsirg Or a n-tangart curve concave wasuexly L3°�n9 z xad�us of 1540::00 f=etr I, a. radial Liy through said point bears �iosth 85°14'50" Wast; thence ' (,CBI) 'no'rherly along said carve througb a central, angle or. 5°27x16". ar aro distance of x46.60 -.set; thence (Z82) tangent to said cures North DO°42'D6" West 506.63 feet to the .a tangent cn*ve -cone easterly. ha paganning of. vi^ng a .radius. of I' I 5240:00 :set; -hens �! (CB3) northerly elong last laid ourve thrOngh a Central angle of 01°55126" -an arc distance of.275.95 feet; thence °._i3120" Basi.:462::74 =eat to (yg4) tangent to lase said cr'-vs North 01' the :naggingtangent �;]rve oo_=E7%e. S011thea5 �r1y'=&�syng a radius of 27:00 f�t; thence' . ngle of (C85)• northeast='-lY" atong'1as said cu_r7e through a' cent_a1 89059`56' an art ^distance Of 42.41 faat;`thence ( 86) tangent to 'last :said curge south.?est 36.32-.- j thsr_ce. North 00°17X49" West 40.01 feat; thence ( 68) North B8045'09" West. 1661.B4 feet to the bag—n'ng of a. tangent ;n r_,.iva of 1200.00 fast; thence Cu_*ve concz southerly.hav�g z ad . (CB.;) westerlv.along last said curve though a cental eagle of j 20030125" a= arc distance of 429.50 feet; thence 1790) tangent to last said curve Bouth TO°44`26" west 370:97 feet to the begin^irg of a tangent curve concave northwesterly having•a radius I of 180d.00 fset7 thence P. (C91) southwesterly along last said curve through a central en..gle of 28°03'.31" zn aro distance O' 881.-"5 Ieet to' the' baginn=rg. o=' a to gent t conpound curve concave northeastezly having a_ radius of 1100.100 Bet; ' thenen .. hen.northwesterly along last said curve through a Centeal angle of 24021`53" an. arc distarce, of 467.77 feet; '•tisence ' s (7,93} tangent to'lzst .said curve North 56°50'10" West 235.60 ieat;. thence v Xc4 *.�7\iv0?,0.7005\iEG'tiS1�-TB=a6\8000 �—�5�"-'518582 �•D� �\ i ' cs • '. s BD.MBPP <B„ Page 15 of 40 3 r- ggS (�th 94) Nor89050'42" 3dest 1360.92 featr thence gr (Y95) 1gorth D0026110" West 2472:24 feet;;thence (L96).North BB°39'55" East 1264.78 feet'; thence (187) North 06°12105" West 1518.70 feet to the begir -Ing of tangent, curve concave easterly having a radaus or 229-D5 feet; .thence' (C98) •northerly along last said curve. -dough a cer_trai angle ;of . 02°55`53" an -am distance o 11.72.feet; thence (L99) tangent to last said curve North.03°16'12".West,l519.17 .feet to• the beginning of.a.tangsAt curve concave easterly having' a radius of .229.05 feet; thence• (CLOD) northerly along lest 'Said Curve =sough a central angle `.0 2l"36136" an arc distance of 85.53 feet; thence (LID!) tangent to last said 'curve North .18'22126' East 277.38 feet, . thence ' (1102) South 89040'12" West 1104.39 feet` thence W-03) South 69°4D'05" West 446.62 =est (11p9)..9ou+� D9°25'aD" East 116.DA feet to the 'beg,' .oi: a tangent .... Curve concaves szetexly having z'radias-o.- e0D.D0-feet, thence !C D5) southerly along 1_st said curve -xoagh a aentr=l angle of 15'SD'15" arc distance of,110.57 =et; thence (LI06) non -tangent to !rest. said curve South 65°54`19" test 23.42. Feet, thence ' (L1DD South 24°09''52" East 8.42 fest; thence (11DB) 'South 66'09'30'.West 17.44)fset to the bsginr_ing of a. tangent Curve concave southeasterly having a radius of 380.•00 feet; thenC,e (CI09) bout-4a6fe=ly.a].ong.last:ISaid curve tarougn a centiall angle' of 14'30'52" an arc distance of 96.26 fee:; "_hence .(1110) non -tangent to last said curve .North 39°06'27" ;Rest 48.45 f"eat;' thence (Lila.) North 47053150" West 34.57 feet; thence (1112) North 68°55'14" West 53021 feet;- thenace ' (h113) South 47°07'x5" West '31.65 feet; thence North WO6'22" West 102.12 .feet; thence . . i (L115) North 34'34'D2" West 110.22 feet; .thence . %i0C$�iaFiGA+b•�5'Y•iT6_TL-•\B000 E %\ . }q. r .henc y(1116) -South 09°40 =et a2 West 76.51 , e South 37°A3,27" Was 22.78 feet. thence porth 51°26'59" West 137.92 fest:. thence " North 84°02'39"'gas 6 59.61 feet; thence :(ft20'{.South 760-54,18" west •245.10 at; thence I pl,21) South 00°06'3d" s='-st 519.60 feed; thence Mf 2) South'89°27'20" wast 275.50 Feet, 'thence (1123) South 02°58 53" West 81.39 feet; 'thence (1128) 'Borth' 67°57'22" Wast 30; DD.Feet; thence (T,125) South 54°45'37" West 29.25 feet; thence (?,125) North 67°02'10"West 33.94 feet; ..hence (L127) South -87.°07'15" Wast 29.94 fset;..thenos , (1128) South' 5'/°56'5I" u7sst 31.3= _eat; ;trance (LI9Y).'South 31009'31" West 75.06 ;aet;: `ence (L130)'North 76°35'56" West 118.61 feet; thence (L131) Nosh 83°21'51" West 142,75 feet; (1132)..Soxrtli..81°R8'03" West 240.44 fact;' thence _ (5133)r Soixt 21244913.i" West- 36:69 fest:; "ence - - (L134) South 23°39'21 mast171.50 feat; trance (1.135) South ^-8'04`57" West 414.07 feat; thence (1136) South 89°39'57" West 125.55 feet to an angle po?t in said boundary, of,the City of 'Santa Clarita.at the 'southwesterly corner, of• Tract No. 55564-03 as shown on mac filed in Book 1227 Pages 12 to 17 i-Aclusive, of 'said -Haps; thence' ` (L137) lean g' sa=d bd + =ry of the City Of. Santa C1axi to a ;d alox g the was line of said '_xaet No. 46564-03 North 00°20'03" Ye`est 628.59 feet to an angle Point .therein 'at the wast, qi'-arter comer. 0f -said Section 35; ;thence (L138) continuing along last said westerly line North 00°19'54" We.s4 162.65. feet to the mo.'s t. northerly corner of Lot 4 of said' Tract No.. 46564-03; thence (1139.)., along the nor line of said Lot 4 South 59°2.0'12" )last 136.25 fee to the most westeily �xnex of Lot 5 of said Tract No. 46564-03 also beipg-a Point on the •general westerly line of the land. ' [ 3:\.9DL1i,\�40.RD DOC's\DEEvB\E�=MS\8000. c•.,n+3xR5\6582 Eks-DOC -�. • -r Viii. r _ ..• EXHIBIT "B» i Page 16 of 40 }q. r .henc y(1116) -South 09°40 =et a2 West 76.51 , e South 37°A3,27" Was 22.78 feet. thence porth 51°26'59" West 137.92 fest:. thence " North 84°02'39"'gas 6 59.61 feet; thence :(ft20'{.South 760-54,18" west •245.10 at; thence I pl,21) South 00°06'3d" s='-st 519.60 feed; thence Mf 2) South'89°27'20" wast 275.50 Feet, 'thence (1123) South 02°58 53" West 81.39 feet; 'thence (1128) 'Borth' 67°57'22" Wast 30; DD.Feet; thence (T,125) South 54°45'37" West 29.25 feet; thence (?,125) North 67°02'10"West 33.94 feet; ..hence (L127) South -87.°07'15" Wast 29.94 fset;..thenos , (1128) South' 5'/°56'5I" u7sst 31.3= _eat; ;trance (LI9Y).'South 31009'31" West 75.06 ;aet;: `ence (L130)'North 76°35'56" West 118.61 feet; thence (L131) Nosh 83°21'51" West 142,75 feet; (1132)..Soxrtli..81°R8'03" West 240.44 fact;' thence _ (5133)r Soixt 21244913.i" West- 36:69 fest:; "ence - - (L134) South 23°39'21 mast171.50 feat; trance (1.135) South ^-8'04`57" West 414.07 feat; thence (1136) South 89°39'57" West 125.55 feet to an angle po?t in said boundary, of,the City of 'Santa Clarita.at the 'southwesterly corner, of• Tract No. 55564-03 as shown on mac filed in Book 1227 Pages 12 to 17 i-Aclusive, of 'said -Haps; thence' ` (L137) lean g' sa=d bd + =ry of the City Of. Santa C1axi to a ;d alox g the was line of said '_xaet No. 46564-03 North 00°20'03" Ye`est 628.59 feet to an angle Point .therein 'at the wast, qi'-arter comer. 0f -said Section 35; ;thence (L138) continuing along last said westerly line North 00°19'54" We.s4 162.65. feet to the mo.'s t. northerly corner of Lot 4 of said' Tract No.. 46564-03; thence (1139.)., along the nor line of said Lot 4 South 59°2.0'12" )last 136.25 fee to the most westeily �xnex of Lot 5 of said Tract No. 46564-03 also beipg-a Point on the •general westerly line of the land. ' [ 3:\.9DL1i,\�40.RD DOC's\DEEvB\E�=MS\8000. c•.,n+3xR5\6582 Eks-DOC -�. • -r Viii. I Exx7arr :,$„ .. Page 17 of 40 n 'deed recorded •November 30, 2004 as instrument "p'. .04— sdescribed '13Q65167 of. Official Records, in the office.. of'said• County Recorder;, hence (L140)4 , along- said general westerly line the follo'°ring courses, .Zvorth 22°17,45'; East:93.42 feet; thence (L141).North 29°28'59" East 85.89 feet; thence (Ll42) North 53°48"23" East 42.99.faet; `hence (L143) North 22°'�0'.34" East 40.26 feeti 'thence (L144) North 25°05137" West '22.96 feet; thehce MUM North 290,04'32" East 92:18 fset; thence (L146) North 38033'20" West 2.7.39. feet; thence. (L147) North 04°59'09" West 34.35 feet; thence (L148) North 33°09'17" East 41:53 `_Net; than (L149) North 07°33'51" West 37.63 -feet; t'—ence (I 50) North 06'36'57" East 51..05 heti tl en Ce (L151)'North 36°45155" West 14.43 feet;—thence. (L152) North 22°09143" West ,46:79 feet; thence •.(M±-53•) North.. 41°.AV.5B"•••West 10.52seeti' thence ' M,54) North 27"51125`1 GSest 67.67 feet; thel:ce (L-155) North 48°48'01" west 22_B4 c -et; thence_ (L156) Nor -- 71'05115" iciest 35.76 feet; thence ; 0157) North 56°32'16" West, 17.20 'fast; thence (L158) North 02"Mi D6" West 9.54 feet; thence (L153) North '38°04!32" East '16,20 =eat; thence (L!60) North 55017142" East 10.99 feet; thence (L161) South B9°52!'52" East 3.16 feet; "'thence (L162) South 48*0V AD" East 31.06 fast; thence (L163)' South 36001`.101' East 15.62 feet; thence (L164) South 70024135" East 16.37'feet; thence (L165) North 58°56'51" East 9.01 feet; thence (1;166) South 84°'48'15" East 4.34 feet;. thence (L167) South 63019'41" East 7.D4 feet;•thence (L168) Mo h'82°49f21" East 2.16 feet; thence. (L169) North 53005'15" East 22.35 feet; thence X_:\.DhS�...iG1Y'o�D DO^w^\L3Gm✓5\3XE232?S\BD00 _^•YFT-BI^_'9\8982 EXE-7L)C �•, \ _... ! EXMIT `B" Page 18 of 40 =ca D) North'73'd9r.t7" .East - •7.33 fzet theaca �i171) Soukh 62°30`14" East 59.93. feat, thence ' (L172)'South'S3P41f,09" East 14.97 feet;`'t>ience (L173)• South 821221-55" -East 4A%51 •feet; thence (i 174) ZlOxth 39°07,A5'• East 67] 32 fast, thence '(L175) No_th.73°26'23" west 2D_86 -feat; thence I1. (L176) Nox`h 27042158". wast 30.91 feet; thenra (1177) No_�h .63 19T3611 West 27.03. feet;' thence ° r .• =eet to .a akirt on the. southerly ; (L17B) Noah 25 45'28 west 73.43 line of Lot 3 of Tract No. 46564-04 as shown on sap filed Book 1248. 1 oi.said.T�=ps: thenca' I! .pages 16 to 23''_ne-usiver .i line and along 'said (L179) � ; g' lz'st. said 'gener--11 weste_ y . leav_n r355.67 =zet. tc the. - h '74°1'a 3D" Wes' - .sou�narly lina of lot 3 N0_T - wzstaxly line of said _'xact NO- e6564-04, thence y '' Ta of tact . (i1$D) along .36st. said westerly line and the waster_v V 'I a 's 50 to .57.inclusivei ! 46564 as shown ori map filed in.Book _251 p g� !' �EBt t0 • i-�'1s northwest ' coxnar i of sa-d Maps No_tin DD 19 04 .West -1769.79 ox said Sacmil thence _. the northwest gnextar of said (2181} along the .northerly > r 03 1 `,,. northwest corner g _ f eat tO the Section 35 South.89°S1r56' mast 265_ 06 • Of the nD_TtheaSt Cjtla'�"te-r Of SZd SeCt10n 35! th�nC2 (1182} along the' northerly .line o' said qua -`.ter uth northeast So Q9°41'30 'East 2653.97 feet tO the 'northwest corner of said section 36; thence atter oz.said section .. {1183) along the north line of the northwest qu - tar coxne'x o= 36 5OU 0 69°44'51'` Hast 2658.82, feet to the 'north "'- i said Section 36; .thence, (2189)•.along _the,nprh line of the northeast- quarter of, said sact'_Dn: 36 South 8.9°46^18"• East 2681.67 feet to the north -vv 0 coFnez of said Section31; th31 ence.. 1 (1185) :along the west line of the noxthwest quarter of'. said @ection i South OD°31`36" P3est 1357.41 feet to the .northwesterly ,corner •o. Government Lot 2 in' said section 317,,heuce X. V,-Dr_t_yp\4703➢ ➢OCSUEC-TILS\EkT�2'-"5\8000�T?5\6582 ate. -➢OC .\ EXHIBIT'S" Page 19 of 40 (x186) along the north line of said Lot 2 south. 88°94'10' East 1228.94 e=set to the northeasterly corner of said Lot 2; the i• t (1.187) along the east line of said Lot 2 South DO 35'2l" West 1351.91 feet to the north lies of the southwest quartsr of. said Section 31; ' •-thence . (1186) along last sail Id. line Sout 88°59'.30" East 1319'.95 feet to ..the 'canter of.said Section 31*1 thence (L189') along tae east ling of last said .'southwest quarter South 00035'14" West 1346.37 feet to the soautwesterly corner o= Pgscel MAP po,'14813• as shown on nap filed in Book 166 Pages 31 and 32, of Parcel ywbs, in said office of the 'County Recorder; thence (1190) along the south lie of last said Parcel man a-d ong, the south 'line of Parcel Liao -No. 5827 as shown on map filed In Book. 64 Page 17, of said Parcel'MaDs South 89°14'25" East 2000.71 feet to the . west .line of last said parcel man; thence (L191) along last said west fins 'South '00028' 03" West 737'.72 leet -to' the scuta line of last said Parcel map; thence, •-••(1192) along last ... said south lime south. 63a 29'17" East 667.41'4ieet to the cast .ins of said Section 31; thence (L193) along last said east line.Sonth 00°25138" west 600.00, feet to the Point of Beginming_ Containing 2472.88.acres, more or less. i . X: \BDIIIQ\wDiD DOCS\�GP?+5\3�3=?5\8000 7F,eTB2?S\e>82 �3.DOC �, ` - n spa .d i . �. Zm o �o .. S O S T Z yE1:C ro -z N N ' r x� EXHIBIT °B„ : Page 21 of 40 ---' EXHEBIT {{SJ1, A'pP {/ 'AO ' k�• -EY.&TION I0.2010 08 ..v': TO Tae CITY. OF SANTA CLAKTA (SOLED -AD COMMO IS That _portion of the north half of; Section; 18, Township ? North, RI atige 14 Hest, S2ss Bernardino Meridian in theCounty of Los Angeles, Stite'of California described as'follows:'. . Beginning at the point of intersection of the westerly line of the t_ northeast auarer of said Section 18 with the cente,l ne or the. _r=elope Valley Freeway (State Highway 14), said point beit'g or a curve concave southerly having a radius of 2000.0.0 flet, a radial line through said point bears South 07°.14'43" West; thence (C1) northwesterly along, said centerline. -and along said curve through •a central angle .of 'DO°50'16". an. arc distance. of .29.24 .. feel; thence (i2) along said centerline and tangent to said 'CUrsc North 81055'0 West 554.69 feet to the'beginni g Of a' tangent curve . concave southerly having :a radius of 2D.00.00, feet; ,hence (C3) westerly along last said eurve•'and along said Centerline through a Central angle .of' 18°32'35," an arc distance of '65,727 ' feet to an angle point in the boundary of the 'City of Sacra Clarita as the same existed on October 6, 201D; thence (L4) 'along said boundary .North 03123'40" West 34_8.41 feet; thence atinuing "along' said* bouneiary 'North' 27 °56' 30' Last 201.55' feet to a pont at the begi=n ng' of a non: -tangent cur7a. C=Cave southwesterly hayn.g a radius of 1450.00 feet, a .radial line through last said point bears North 1025'12' West; thence' (C6) southeasterly along said bourdsry and along last said curve. through a central angle of 4 7°34'39" an arc distance of 1204.06 feet to the northerly boundary of said freeway; thence .. . (i7) leaving said boundary of the City or Santa Clarita and along last said northerly boundary North 84012'52" Wast 32.34 feet to4 the first above •described westerly line of the northeast quarter' of Section 16; '`_hence (148) al6ng'said westerly line South 07°26`53" east 329.96 feet to the point of beginning. , Containing 13.21 acres,, more or less. Of. %:4^+>r�2AY\WORD DOCS\L7Wd4T-Ot3 M'OTN" F e'uIII.A`ein `d nl•'willwn li O o g • aS SR ' � w h ^ � ' I f � � � "M O • ?' a o_eRo pp -aN 6 I E � 5 £ SUTBIT UB>> Page 23 of 40 EXHIBIT `B" . ANNEvAT2 NO: 2011-2D TO THE CITY 0? SANTA CLARITA "VISTA, CAN'YON/FAIR0M 1 JAIMS WAY". ^s_hose portions of Sections 21, 22', 23, 261.27, 28, 34, and 35 1n To-vMship Q North, Range 15 west, San Beunardino Meridian together with a portion ' of Section 2 d in Township 3 Norte, Range 15 west,' San Bernardino Meridian, all •in the County of Lds Angeles, State 'of, Cali ornla described as a whole as=ollows: Beginning at the southeast corner of said Section 28 being a point on the, bound2ry Of the city Of Santa Clarita as the same existed on:ila aiary 31, 2011; -hence along said City Boundary the fo11c) ng courSmes and- cL`ves': (L1)' South 89004133" wast 2634.89 feet; thence (L2) North 00019139" west 2570.-31 feet; thence _,.. ,(M.)_.South 88°08159" Bast 26.80 feet; thence . :...-(LBT'Nb h'AS°2T S'0 '3a"st'392.65'.feet; thezice (15)'Nerth 03°35.-19" East 272.19 =set; thence_ (1.6) 1Torth. 39°38'15" west 503.81 set; thence (L7) North 60°07'45" Vo -bat 232.07 feet; thence {L8) North 71019'50" west 102.46 feet; thence (L9j.Noxth 56013123", west 231.31 feet; thence (Z•10) North 76°56+40" west 542.70 feet; thence. (L11) North 68016'59" west 118.05 feet; thence =2)'North 89006127" East 1117.06 feet; thence (L13) North 00010'33" west 1316.51 feat; thence (L1$) South 85°56'51" west =59.84 feet 'to the center?.ine Of Sierra Highway as sho�%m on meta of Tract No.. 03610 filed in book 1D78 pages 93" to 99, inclusive pf Mans, %in th'e office of the Coi my Recorder of said county; thence ..%ADMII IORD b005\+:DC9:uS\B.1'aIs33\8000 7SMIRS\5561 BM DOC r T i i - EXHIBIT `B" i Page 24 of 40 L. * 40003"010. along '284-70 feet to the {L15) along said 'centerline North 40°D3 07 s r axing' rad us. of �• beginning. of a tangent .cu ve concave no rtl weste_ly n 3500:.00 feet; chance (C16) continuing northeasterly along said ce•'nterl.1 and .said curve. through a. central angle of 11'251•02" an arc d stance •of; 697.44 feet to the. bsg -ng of z tangent oozxpound Curr 75 tonca7e r_or�hwaster'_y having a radius of 2750:00 Ieet; thence (C17) continuing`northaasterly along said ce-nte,- ine and last' said.Cnrae through a ceatral angle ..of D1°01`09". an arc d stare Of 48.52 xset;. thence ,i• (L18) leaving said cent�rli^-e and non-tangent. to last s_. d.curae South 6603&r"gr'Bast 202.97 eet; thence (L1p) NOrth 07037r56r` 3asn 129.91 =`eet, ., Hence drr nest 161.31 =ear. to a point On , 5a.d. Cpenterl.yna Or. (�2C) Nora'; 66'38"' havinradius o Sierra P.igieway on said cu ve Concave northVestarly g a 275A.OD •`eetr a rad al line through said point bears North 64`.59'3.6" µ West; thence_ dC2 W) morteaa5.ter Y-.aiDng'sa d-pan�ex=ine,.-and last- said Cusve'thxOugh'� . ..—. centrel' angle of D4°86''32" anarc distarsce,o;, 221-21• =eet, thence , (e22): COIltinV1 g a 01g said c nterline and tangent to last Said Curve Nor2O°23'50" Nast •231.44 feet; theznce a+ (L23).leaving'said centerline North 89°16r02r' Bast 2270.20 feet; trence. (I24) Nosh 00007'40 i9est 557-P3 'est to z. POint at the beginni?g a` Hoa-ta^gent cure concava northerly having a radius of 97pD.00 feet, .a radial line through last said point bears North 03°41'25" Nes of OS°23e37". (C25) easterly along. last said Curve.t'arongh.a Oentral angl. •- an arc d stance of 913.2 =set; thence (Z26) non to last said curve-5outh 99°59x09 3ast. 8D2.71 feat to a point .on he centerline of'the Anteloce valley Freeway (State Aighai' '14) on a• curve concave southeasterly having a radius of 3D00-OD 'feetr a . radial line. through. last said point bears South 550531.44`` mast; thence ' x:`_c�NUo� nocs�rsca7.svrr�z�=�aaoo ;�s;.xs�e>sa str:.sx \ z; „ EXHIBIT "H" 1 •I Page 25 of 40 �((C27) northeasterly, along last se_d centerlinf and last said, cut •e 3: tihxough a central eagle of 26°46'51" an arc distance of ,1x02.24 Peet; thence P';. (1,28j 'continuing along,, last said centerline and tangent to last said curve North 60°53'07"Past 4430.00 feet; thence ' (129) leaving last. said -centerline South 0003D',36'v Wes 12!1-76 feet to a point at the -beginning of a wn-tangent curve concave northerly having a radius of 1200.00 feet, a radial line through last said point bears'North 02°06'19" Weet; thence (C30) -westerly along last 'said curve through a, central angle o- Od°53'16" an• arc distance of 186.16 feet; thence t (131) non -tangent. to last said curve South 02` 46'4.0" East 800.41' feet; thence (132) Smith 57'48'40` East 204.70 f>_et to a po-nt at tha .liar niT_?g o= a non-taP_gant curve concave southeastaxly ,navi g e raf11u5 of 2914.63 feet a radial line through last said point oea-s South 23°12'26"'Bast; theme (C33) southwesterly along last said curve through a centra! angle of (134) non-tnngent to last said curve South 00°30'36" These 274.44 feet -7 ."em (x35) North 895471 DD` Bast 1713.73 =eet thence (136) South 23008122" West 631.D1 feet; thence (137) South 89042'25" West 158.00 feet; thence (013 8) South 00°35'25" West 983.76 feet; thence (139) North 89°42'81" Bast 109.14 feet to a point at the beginning of a non -tangent curve concave northeasterly hav=ng a radios of 1B20.00 feet, a radial lire through iast.said point bears North 62°33'06" East;.enbe (C40) southeasterly along last said curve. through 'a• central angle Of. 11046159",an arc distance of 374.29 feet; 'thence (141) tangent to last said curve South 19013153" B.ast 120:44 feet; thence (142) North 89°38'30" .Bast 110.05 -feet; thence (143) Sbuth 00°35'25" West 182.50 feet; thence (1:44) BmLth 89038'30" West 350-00 feet; thence x:�arar,. sa nors�rsaa su:xaasses�e000 axasss_A8557..sxa.uoc 5•L F x EXHIBIT "B" Page 26 of 40 =est; thence ' .(L95) South 00°35'25".west 402.50 _ . (186). South400°01127" gest 5260-30 _Bet; •thence • . (•L47) South 06°36'02" East•5D29.37 feat;: thence (L48) North'BB°59'50" East 1514.44 feet to a point o= intersection with, thB'centerline of P1ac=_rita Canyon Road as shown.on•Cour-ty SuxveS°or`6 Map No. 5-2263 s:neat'2(CSS 2283-2) on. -.e in.the office of. the Direcuo* of Public works of said coim_tyr said 'POI_' being .at the Pal=� of CLSp'at �',�rtz easterly ter. junus of a tangent curve. concave SOntne3atexlY a . sadius'of 500.00 rest; thence (649) southwesterly along last said centerline and along last said curve the following § courses, through a central angle Of 36°17�e0r, an axc, distance. of 316:73 feet; thence .• ,� _ .. . .' n1 " !NESE 101-7� Seel to th= (L50) tangent to last said curve 9OUt.a;52°=-�r0 a radius of beg,r�=ng o= a tangent Curve eoncav-a 'nor`Wwesterly havv_d 800.00 feet, ;tnence o or (C51) southwesterly along last said cu?,e. through a central angle A 16°03'00" ai arc distance of 224,10 feet, thence _=et to the . west 165.73 (152 )...tangent .to.last-said cu-.7A.SQ1 x.,68c415,10" -. beg; r' g of a tangent curve concave southeasterly raving a radius of 1000.00 -Bat; thence _ (C53) aouthwasterlg 'along last said curve trough a central zgle a 17°49'10" an arc distance o3 311.01 feet, thence (L54.) tangent to last said Curve South 5o°56'00'' west 5B4-39 feat to a point on the easterly boundary of Par Na? No. 7096. as •shown oa map filed in Sook.3Q8 pages 33 and 34 ir_c�.usiver of P3cel Napsr said ofiice•of che..Ccunr_v Recorder;. thence [L55-) along last said easterly boundary South.. 00036'27 West 259,-37 feet to the southerly bo of said Parcel Map No. 7096:'.the. • (156) along last. said southerly.boundary LQorth 89°30'04" West 667'.02 fent• to the point of intersection wits the westerly line, of the cast,half' os'', the southeast guar`�zr, of the northwest quarter of 'Said Section 2, 3's described in •document' recorded July 12r 2007%' as instrument no g;\,UYMq\voRD Does\=CA7•5\m=B ^5\80DD I3.T6\656'! fiXE-DOG \ ' r �.s r,. I E.=IT'B" Page 27 of 40 u'in said of*ice of the Couniy Recorder; 20071651941 ,of 0 =tial Recorder (157) along last said westerlp line south 00°28''55" 'West 318.70 feet to the point of intersection with said centerlinE-of Pip its canyon_ Roadr being a voint on e eurre.concave northwesterly having a radi'us.of 1500.00• feetr radial line through last said point bears North 32°21'3S"'West; ' tlnen� . (C58) southwesterly along list said centerline and along last said' curve through a central angle' of 27°17.`33'` an arc distance of 711:90 r"eet to to Point of intersection with the westerly line of the land'c�escxi�ed in ' doc�^a nt recorded June 07, 2006 as in-strvment no. 06-125311B .of , said official Records; th=ence i li= Bo-,th 000'21r-1411 lest 774.67 feet to (L59) along last .said wester_y n the north ne pT,ihe southwest au,arter.of said sectio` 2; thence. (560) along last said north line -South 89°13'.10" B3s� 1328.21 -feet to the northeast corner of the southwest qua=tes`o'f said sec ion 2;ti=nce (i 61)I. along the cast line o: 1apt said southwest' quer. ger South 0.0°36"27'x West_13A7.98.4fest_to the.northeasterly corner.of the southeast q:La"ter of Tom= Sp'�c h- TSarter of said Section 2; thence (L62) along the Southerly lins' of Parcel B'. as described n doeun=ant recorded August 25, 2004 -as instrumeat no. o_-21908431 Of -.said 0fic al Records, North 890'16142" West 1338.38 feet to the easterly 1—e of -Parcel C as described in said document recorded August 25r 20D4; thence (1-63) along last said easterly line South of°02122x, West 1349.36. feet to the southerly line of the southwest quarter of said Section 2; thence (u64) along last said southerly line North 89°2.0'10!1 West 1348.56 feet io the Souithwast corner of sa id. section 2; thence section 2 (L65) along the westerlline of the south'v;sst quarter of said y . North 01°281.5', •Fast. 2701.64 feet to the west quarter corner of said`.. , section 2 being an , angle' Point on the boundary of t*e city of ,Santa Clarita as 'the 'same exis_ed on -January 31r 2011; thence (L66) along said City ;Boundary the -following coursesr North 000051301' Fast 2362.51 feet; thence r , $n\zDD+SAr\WDaD DDCS\i°^v�S\S)^.rL"i9?Ts\8000 H 3=Rs\eEEl aBS.DOC ' r.. .FYI.UITDD Page 28 of 40 ):6 (y67) North 05°5 ' 27" West 1349.89 feet:, =h encs i mer. ,(L5B•) North 69°53'14" East 1333.12 flet; thence j (1,69) North 06°14'2Q" West'.1239.98 �eet'i.; .ence (L70) Nos 14' 08" i9est 1240.26 feet; thence (1,71) south B9°47'09" Nest 2632.495 feet; thence (L72)'Narth.05°.32'23" West 1231.99 zzst; thence (1,73) South— 89°38'56" west 3921.'73 fest 'to the. Point .oT Begiarig nc I corataining'2437.24 acres, more os fess. ti LWdD Abd -/x lZos 4p 6 F X:\_ADm1q--\WO:D DOCSUGGP.T�S\ 'r3?2S\8000 :k'R 17:\$561 ^i,X .DOC _... _... EXEiIBIT "B„ Page 29 of 40 p n <»n vacD3NTnPi ____-, x xxx Z2�x x�Sx xx I F O� g g Cl $$�� M1p L0 ; ,0,� h A m W'[v fb t9 IL f\' Z N� N w N N N N KS N t3 N N N cl N N N N N zz 3 N 6. ,T� y � Ifl I M •� .O -- m O �_ 0. I . 6Q3:t .. U a. 8- ,go>! `8, VS H 0 �$ ssa ea u . . —1. nay rens , 9 a 11022, @ ea €6 e� e c "so «:a E I °R av R9 8 all g "s - °R §Reele$; 99 AR gei Be@ § ��e; a€! a R § « Oil00 §e `d OR"ed aA `saa�$e� &aBa $9& gae gcg' Hill 11111 QFE aaa� s `aa a tae ssa a ea6 ME ?53 "s° �k « igt «-« Ssd'S siina Itis ^ar• na£6f ate« « « $ `� nss rt 'as u -1 8 e e "� S 'S « 2 ^^e.'`, en^6�'O° ao J on evr hR 8 °R $ RpA ° RRRPR g°' ge S.G 3 �a $Beo11161�+e1:�aS^q S2 8 99190P CSAs:e:, al A ed 33 S ° PS $ � 5� HI UH U U v M M'g a ��F«:««« « «$„_ $«4 k « « « « «««« 'sad 'a« « « ««« a «z« r $«� a@ «'s a _- ° ° e gpfz ° 'N BRA A A ° :^�°. :€AR,�1 gg - sc z s a°=53 ;sad �^° G"sF$ °sGss`S Ba$ee«eesl V'ai HE =asg 11, §�Saa ,aagaas=a "s.�@ g "$ s �"==- d.,ya y 3uaa o aeB Sv$4,6SSa9S �',I HE °2 o as 99§"8 �866BB8$'6.'8$$ "Ga8 $$ g g a?=,�a°_0202 o° . a s",I aaa .a ,v'vvv�s d 6MN 6 3 e m 33 rnv n;;a ANFIRMAX XAM NN A jq nON NO.20? 1-26 TO TBF CIS OF'SANTA CLARi'TA_ "°SOUTNSAND CA.NY'09 Parcel 1: "T1i05e' A_OrtiOns Of SECL10+J.5. 1,• 2- !! and 12 _^_ ?own ship 3, ?\north., ' Range 15 west, San' 13ernardino Me=].-td'—a_'ll it the �011nty fl= los Angeles., -State of Carifornia described,.as follows; , --_ Beginft ng-at`the Cehter•of said' Section. 12; thenpe -- (1T) "=.long.- the soutE'e*1y. line or the northwes¢ qua mer o= said Sec on 12 South 8805514X" west 1162.49 feet .to tge westerly lLe of 'parcel 1 as desex_:oed =t document recorded April 28, 199$ as instrument no. 94-81B523 of Official Records,:in thz'of=ice' o; tha County Recorder of said countyi thence " (L2) along •said westerly line North 00°14'28' west 2659.52 feet to the southwesterly corner o -,the southeast quarter'9r :ne s0uthwest quarter of said' Se&a6xi li thence (?3 along the westerly line of parcel 11 as described in•document. ' recorded .April ?2, 2005 as -instrument no. 05-0943244 of said Official* Records, • North , 00019'•41" Fast 1372.30 feet to the northwesterly corner of said southeast quarter of .the .•southwest quarter; thencs (14) along the sotltheriv-line'.0= Parcel 1 as•descr3.bed in document ' recorded April 22, 2005. as.'instrument• no, 05-09432.44 of said xc\jmM\vow DOCS\jr=CBTgNM7 Bxm sopa > rss\assz x_noc \ i'aw EXHIBIT •B„ Page 30 of 40 t ' EXHIBIT `B" LEGAL DES=T10N A jq nON NO.20? 1-26 TO TBF CIS OF'SANTA CLARi'TA_ "°SOUTNSAND CA.NY'09 Parcel 1: "T1i05e' A_OrtiOns Of SECL10+J.5. 1,• 2- !! and 12 _^_ ?own ship 3, ?\north., ' Range 15 west, San' 13ernardino Me=].-td'—a_'ll it the �011nty fl= los Angeles., -State of Carifornia described,.as follows; , --_ Beginft ng-at`the Cehter•of said' Section. 12; thenpe -- (1T) "=.long.- the soutE'e*1y. line or the northwes¢ qua mer o= said Sec on 12 South 8805514X" west 1162.49 feet .to tge westerly lLe of 'parcel 1 as desex_:oed =t document recorded April 28, 199$ as instrument no. 94-81B523 of Official Records,:in thz'of=ice' o; tha County Recorder of said countyi thence " (L2) along •said westerly line North 00°14'28' west 2659.52 feet to the southwesterly corner o -,the southeast quarter'9r :ne s0uthwest quarter of said' Se&a6xi li thence (?3 along the westerly line of parcel 11 as described in•document. ' recorded .April ?2, 2005 as -instrument no. 05-0943244 of said Official* Records, • North , 00019'•41" Fast 1372.30 feet to the northwesterly corner of said southeast quarter of .the .•southwest quarter; thencs (14) along the sotltheriv-line'.0= Parcel 1 as•descr3.bed in document ' recorded April 22, 2005. as.'instrument• no, 05-09432.44 of said xc\jmM\vow DOCS\jr=CBTgNM7 Bxm sopa > rss\assz x_noc \ i'aw EXHMIT" " Page 31 of 40 y.. 'nest 1136.49 . =ee t9 �f=ficial Records, South 99006732'f- easterly' line Of the southeast quarter .of said Section 2;: ther_ce.' (15) ,along last said aesterly. 1ir_e Soush 00°23'15" Vest 13=5.26 feet to the sontheSeteriy corne,rPof said 'Section 2; thence (L6) along .the 'southerly line 0 of the southeZst.' quar4. ter ox ,sa 'a Section 2 North 89°20'10" West 674.28 feet to 'the eas.erly. line of parcel 5 as described in said document recorded 3pri1 22, '2005; thence °q 7r i 8.,. West 1346.09 (Z7) along last said easterly' line South OD feet to 14erl the southerly lir-e of sad parcel 5,; e. thence along l st ..Said scu ,y ane North 89°24_'23" West 1348:60 feet tp =h 0 We:=tPrl V,"line 0' said Ate.' bel 5; th�ACe . t, 00°17'26" Fast 13 7:7.5. (%) among last said' westerly i�Ze Nort_. _Bet t0 the SOLI Er1v line Of file+ SOLtneast .QC3r"Cer •O_' said-. Section 2; thence last said s6utharly line Scuth 89°2D'i0" mast s3i.7d .(�,lD) alogg in g ............... ed -- d _ ... .......... . 4 as describ _. ..._ ....reel feet to the westzrly. line o� P- document recovded 3pri1'22, 2005; thence ° Fast 1345.36 (111j along ff 'last said westerlY line north 00 31 30 feet to the southerly ling of p-reel , as described in ctoa er_t recorded December 2, 2DO2 as instrument 02-291?Di8' or, Said Official Records; thence (s12'j' along last.'saia soutaerl$ line North• 89°16'91" West 1b09••49 �eSt t0 the ' We5 terlY lino Of the n.O-goo, %c5t Ci�uZrter' 02 the southeast quarter 05: said Section 2; thence' (ZI o-13) along last said Westerly line north OD°36'.27" mast 1347.98 reef to. Lire r_brtheast COraBr of the southwest 4ua-ger Oi sand $action 2; .thenca.... anter of (y14) along Lha 'northerly line of said Sout_r west, q . . Section 2 North 89°13'10•" West 1328.21feet.. to the westerly line X: \Ai)t3i.G"\WOtta y^D:S\LEG?YS\+1"F.�=mS\5000 ?+�tT-S:T_5\5562-•"E.>.110e :� • .r p I i � .I -i -._... _....._. -. --- .... (j r EXHIBIT"B" IPage 32 of 40 of the. land descrfbed in document recorded": June. 07, 2006 as instrument no. 06-125311a of said WA cial Records;'tHance -(115) along last •said • westerly line and its northerly, prolongation North '•00'°21'14" East 77-"_.87"est-to e point on the centerline of Plaeerita Canyon Road being a, point on , a curve concave northwesterly having a raaius of 1$00.00 feet, a radial I ire through last said point..bears North 05'10' 14 01' TnTest;. thence (C16). northeasterly along said curve and said centerline throagh a central angle of 27'11' 33" an arc distance o; 711.90 feet to a Point on the. wastexly JaT�e o •the. east hal: of the 'sottheast quarter of the northwest quarter of said Sectio_ 2 as described '-in document recorded July 12_ 2007 as isILt no- 20071654941 of said-G_ficial ?tecords; thence . (L17) along last said westerly line, North 00'28' 55." East- 318.10 rest to a point on -he 'southerly boundary of Parcel 'Map IN 7095 __.. as "sfiown on' map filed in Book 108pages 33 and 34 or Parce? Naps, .. ..___ in sa?d office Di the ,County Recorder; thence (L18) Tong last said southerly'bl of dazy South 89'30'04" East 657.02 feet to the easterly boundary of -said Parcel Map No. 7096; thence (1.19) along last said easterly boundary North 00036127" East 219.37 feet to a point on said centerlins . of Pladeri:ta Canyon 'Road; thence (12 01 alontg last said centerline the folloudl-ng seven courses, North • 5056' 00"' East 685.39 feet to the to .the beginaain.g' of a tangent m.curve concave southeasterly having a'radius of 1006.00 feet; thence (C21) northeasterly along last said cuzve through.A. central angle of 17049'10" an -arc distwme of 311.01 feet; thence' X: \."+b?�_:iv \A'ORD DDCB\b^eGSLS\�o.2e9T_?5\BDDO nXFG3=T5\8562 J^b'3.DaC \ • - a - 'ww ![ EXHIBIT `B' Page 33 of 40 k• .:XL22) tangent to • last said curve North. 68°45'10' East 165.73 feet 7 having a. to. the Beginning of a tangent cuwe:.concave northweste__y radius of 8DD.00 feet; thence (C23) • norzhEaste_1 along last said curve • t__. oLgh a oen�ral, angle of'16°03'00". an arc d=stance of 224.10 _eel,' thence (L24) tangent toI last said cu=ue 'Nor"h 52°c2i i0�.•East 101.75 feet I. to .-tee beganibg Of a tatntyrve concave .southeasterly having 'z. radius of 500.00pfest; thence (C25) northeasterly along last, said curve thrdugh a central•' angle" of 3b° 7 `'�0" an. arc distance of 316.73 feet' to a point on' the. Boundary df the City. of Santa C1ari a as the scene ex -sled Eeb uary 1.4 201i; thence {L26) CO^tin ii inQ along said centerr:I a and . said boLzcLry aI. nd tangent to last Said c'orve North' &8''59•,' SD" fast 1072_ 47 flet to Ann angle point ]n Said boundary' on the Centerline or Sand Canyon {727) .along said boundary and sa_d centerline of Sand .Canyon Road the fol owing 11 courses and cu --'"'Gear SOI'Lh 11°09`05^ Eget 573.95 =et 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 feet; thence o°+n mast 166..04 feet 6. (L29)' tangent to last said curveISO 5 to the beginning of a tangent curve concave northerly. 'ha in •a ' radius of 1000.00 feet; thence (C30) sat along last said curve through a centra.l angle'or It 25°44'50" an arc dist 6e of r�9.37 feet; thence (L31) tangent to last.said curve Norte 64°20'25" East -213.03 feet,. to the -beginning ofa tangent curae-concave northwesterly having a ^ad.us of 200.00 feet; thence x:\ADI•u.xNwoaC DDCS(LB S �U = s\s000 =V.:3:-'8\8562 .�� ' r N '•I > II ' Id EXHIBIT "B„ I Page 34 of 40 .1(032) northeastaxly along last said carve through a central angle F '1. z.. of 31014'10" an arc.distance-of' 103:03 tact; thence. (L3�)' tangent to last said •curve Nor -h 33°06'15" East 95.10 feet to the Beginning oL a tangent curve coaicav6: southersterly'haviag a . -adius'o-f 200.00 -feet; thenbs (C34) northeasterly along last said centsrli,ns and last said curve through -a cahtral angle os 42°5o'20" ,an arc distance 0.1 149.54 feet; thenoB (L35) tangent to last said curve North 75°5.6'33" East 670. B2 'fest to the beginning of a teiigent• ciz ae concave southerly `having a rzcLus o" 300.00 -feet; thence f(C36) easterly aldng Imst said curve through a centralangle _of 33`201301 an arc distance o: 174.58 -feet; thence, (L37) tangent to last Snid'cmva ^aoLrh. 70°42155" East 106.17 xe,Et t to the eaSL`Erly 1ii-ie of the west hal' OS said ,5`aCtlOn 1; tI'ien.Cc 5 • t ....... eaving said, ,City $DLndar3 and along last said easterly .. _, .... _..... i ..eine South '00°16'15" West 5075.48. feet to she scoop. Guar*er .corner Ip Of said Section 1; thence o 409) along the easterly line of the northwest gaaxtex of said "Section 12 South 00°46'56" East 2628.75 feet to the poen- .or" ' Beginning. ' Contair'ing 634.47 acres, more or less. PARCEL '2: Lots 3 and 4 in Section 367 Township 4 North', Range 15 Aest,' San ..' Bernardino Meridian in the County of - Los Angeles;'.:State 09 California according the official xilat thereof on file in the n4 Government Land O;fice described as a whole as idllows:. X: \:4D^:ly'\70.4b 00,^.9\Tu^CALS\EXH28I^_'9\8000 m=mlT9\0562 =.DOM ,D EMMrr "Bp M' I Page 35 of 40 ' n .Zil.eil.ce . 3eginzing at the southeast corner of said SEctio36; fib' .. .•_ (Ll). along .the. southerly line v_' said Section•.36 South 87°04'10" West 2267;96 lees to. the westerly line,or' said Lot..3; .thence (L2)'along said westeT_l_v line North 03026`ag° -west 114-"-.26•yfEu to the north hnE ox said Lot 3; whence (L3)'' aloria : the- northerly lir'es of 'said Lots, , 3 and 4 •'?�qr 59°A8':42" East, 235.0. feet to the =asteriy 'line cf said Section 36; thence „ West 1034.10 fBet (L9) along said easterly l=ne-South 00° 55r 26, the Point of Beginning. d •CESS. - �arcel'2 containing 57.68 acresr acre o_ n contain 692..15 acres,. more, or eesr ..... Parcels 1 and 2 5^1412 ND Q'652 // • GALS\?P?RS\8000 3's: =3_PS\856? n..�i.DOC `�` to\?+DLaAT\Y�09D DDCS•U9- M N Q � C 5 �z U• b H �� _ Z rCn o , N N N lil b _ EXHIBIT "B" I Page 36 of 40 A U a M N Q � C 5 �z U• b H �� _ Z rCn o , N N N lil b N Q � 5 �z Z rCn o , Exffmrr'B" f I Page 37 of 40 EXHE31T IT : f *LEG_AL DmScPUTION ANN X4 �1O.—N IN .11-a> TO T~Kt CTl Y OF A Cr Af�ITA• ' ORLAIT7eD ROB KBONP�0G b IN Those portions of Section 13 and of the northeast. G�z�ts of Section 24r all in Township 4 North, Range 15 West, •San Bernardino Maridian. in. the • County of Los bmgeles, state -of California described as follows: i d. Beginning at the northeast corner of said section 24; t.,ence (Lin). ELI ong tne.east erlY line of the nOrt_eaat quar=er. or Said Section 24 $otth DD°23`25'` 'West 2549.07 "-feet to the Southeastasl_v co ner of the .• nOrthE:aSt quarter 0 Said Sect, 241, said COrnzr being a e— le p0 the boundary of the CiL-y Pf Santa Clarita as the sameexisted on 7ebru_ty �5 20.:,.1;. thence . ..._--....�.: ('LZ��_S10P_Cj'3?_.d' City BOL•nC Yy t'Se'-=C11'OA�_�J'.g C*Cft B S aIId .. .b"OUth. -.. ...—.,_ D9°53'52" west 1318.81 feet; thence .(L3) North 00'16128" East.2340.95 _ at, tha"ce_ _ (144) South 70°26'05" 'West 640.20 feet; `ence : A. 't (15) North 1'9033'55". wgst 367.72 feet to a point o- z curva concave. n=thwesterlg having a radius of 1522.47 fast, a radial line through said point bears North 33°1702" West; thence P. (C6) no±�easterly along said. curve through a central angle of 1D°16x51" an arc distance-of 274_07 feet; thence (17) non-tangent tb Said curve•South 89°44'"_2" west 346.96,feet; hence i (LB)' North 49°22x3.9' Bast 262.45 feet; thence . (19) North 00°17103' East. 377.03 Feet to a point on a curve, conclave northerly having a radius •of 2469.00 feet, a •radial line' ;.b=ough last JL said point bears North 14*15151" West; thence (CID-)- westerly along last said curve through a central angle D-i 16020'•51" n� n arc distance of 704.45 feet; thence S:\PDM'1Q\47D:iD DOCSL- Yu-:CTS\Sooe "b�---`nT_=5\8563 SY.'d•D00 � i1t EXHIBIT'S" Page 38 of 40 _eat `moo the P (All) tangent Wlast said curve North 870D" Wesu 1D_aus of 1000.00 ,s beginning• of •a tangent cuz Ie concave northerly hay ng 'a h- Tee ° , 03" fa=t;. 4-=_ hr u r a dentr2l angle c. OB 22 (C12) westerly along last said °ur"e t _0 5-= reverse zn arc: distance. 03: 146.04 meet to she beginuing of a: tangent - curve doncavz son aerly her-'bg a.Tadius of 1000.00 feet.;. theYAce (C13) Westerly a1on5 last said �., OLg%` a tea r 1 sgl1 c= 1D 56 an arc distance of 795.96 fejt; thence ., (7.14) tangent to last said 6ur've 5.outh �9°30'34" UV=St 1232.56 thence=eat to a point on the centerline o (i 00°02''^_6 Wast 895.35 15) ao th ; 1e ;fence (state ' _Amt 7a11ey. �eekaV h) q_o55-76 .a ^= °il'45 aaT ;,gig said, esntsrl+'ne south 88 - -.- rj,v begh@villa . a radius'.O i inrt°'n o ''c ta^-gent CtL'C�E C°A1CavE TAO= u.wnet =_ '—� g'' reit; .thedce 5800.00. i last said' ..cure= i (C17.) ncrtheasserly alone said cznterliae and a_oag _... °fle'36" an arc di `a ce 2 99;83-_eat a . tough a c= tray. angle °f 2P T;"on ' c the-_`Yr6s,e ,7 _ - e. 0 r rO 'ne o :''aaAd _ po+lt on the .norterly arolong�-_ ° _,t dad.7u1, t Ol, 1988 a strune P�GeI. , in do 7m'-T r=cox t dascribed a.S - e R. Corder No. S8-1209670' of official Reaor'dsr i =ha office or the County. of said c6unty; thence szid'.Prolong�a Ou and along (L18) lancing said City 3oL^_d'zY and along line said westerly line South OD°17'03" West.=91,57 -eat to the northerly 1968 of the e land describ'as Parcel 'l ,in doc=u nt- ra orded Februzs y 27 r ^o.S TnctrinTleat Tao. 3275 of said O.Zicia1 Records; theme along said northerly lint South 89°42'57" East 205_50 feet to the ( westerly line os` last said Pa-cel 1, theno= ;D3" fest 250.00' feet t,o, the (1,20) along said easterly line Soeth 00'2-7'03# soutYierly line of last said Parcel'li thence I {121} along said aoiltherly line North 89042r57" West 205.50 feat* to the %d ddcnaent xQcozcied F.ugust as •described in Sal t Westerly line'of Parcel 1 I O1, 1988: thence X:\\4E0.iD DD✓e\=r'.aAuS\sl�-^T'A`5\800 5�-3=?S\0363 314i.DDC ,\ J _ice Y EXHIBIT "B„ Page 39 of 40 ( 22) along last said nest= iy l ne South OD°17iO3'.wesi;'3A1.67 feat to the southerly line. of Plast.said Parrzl,l; thecae (�23),along last smid sour..herly line North 69°40'54" East 465.68 ==_et to:, the southeaste_ly line Qf last. Sald Descs7 1;. ttie ce (Z2=) 'along said southeasterly .line -North 43'llf AV East .94.85 feet to the bq#ncing of a tatcent ear7a concave sou'�ea�texly having a radius of 1532.47 feet; thence [C25} northeasterly along last said cu_+-ve and, along sa=d, • southaasterly line t�*ough a central angle os" 33°12r00" an aro disU acs of' 887.99 =eat; thence i .; and along last said sonther7y line {�26) ron-tangent to ast 5a_d cense g North SD°4_'09" East 112:38 _eet,tthence . (12 7) con` ung along last sa_jd sot=hely line North 81°05'09' East 594.72 .eet'tothe aastErlY line• of 'e SOuthcaEL ?tea GEn Di 5-C SeCLOn (L28) along last said aaa:cerl_v line South 00°26'42'. west 1218.04 i2et�to -- the.Foint .of .Betcrr^ g. r con:a_*yg 204.32 acres, more or less. x:Wa*+"_Yv\wopn ao:sU9c^ws\^�-_T.3?ss\e000 s�w3s_'e\esss >., _➢Oc �,.\. u ._.. .. �I�,.. NI c g EXH]BIT 9311 a° Page 40 of 40 00 I I Ov bk o v _ 75 iiiiy�_gqggyy q d q e$osBis B$° J • . oe - I. �. ox i �I t: TIN ;FbuF`I t, rk ' •.: . _,_—:.. .. .. .. _� • �. ..�.. n - a I � &� RAE' '� • � � � tQ a L p Nnlb : r d3 E� FF Ena, 4 0 Q .SY oa i 2 Sja e r. ATTACHMENT C (Assigned Franchise) CONTRACTOR EXECUTE 0018'74 Exclusive Franchise Agreement F®r The Area of Santa Clarity Valley ME 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........................ II ... I ............. ............ SECTION 1 GRANT OF RIGHT AND PRIVILEGE TO PROVIDE FRANCHISE 3 SERVICES.... I... A. .................................... Grant of Franchise ................................ 1 3 B. Exclusions from Franchise ............................ 4 C. Definition of Rights ........ , .. I .................... 1 5 D. Franchise Fee ..................................... 5 SECTION2 TERM ................................................ 5 A. Term 5 B. ............................................ Obligations Upon Expiration or Termination of Agreement... 5 C. Undepreciated Assets. , I ....................... I .... 7 SECTION 3 SCOPE OF SERVICES AND SPECIFICATIONS ............... 7 A. Prescribed Scope. . ......... m .................. m ... 7 B. County Notice ..................................... 7 C. Change in Scope of Services ......................... 7 D. Franchisee Documentation ........................... 7 SECTION 4 SERVICE STANDARDS ....................... I ........... 8 A. Public Health and Safety; Nuisances .................... 8 B. Streets and Alleys.... I ............................. 9 C. Non -Collection Notice .................. I .. I .... I .... 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 B. ..........................................13 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 ......... . ...... I ........... 14 D. Labels 15 E. ........................................... Safe Disposal Customer Education Program 15 SECTION 7 CUSTOMER SERVICE...................................15 19 A. Office 15 ............................................ B. Telephone Service.............................4.... 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............................4............... 17 SECTION 11 FRANCHISEE RECORDS; AUDITS ......................... 17 SECTION 15 A. Record Maintenance and Retention .................... 18 SECTION 16 B. County Custody .................................... 18 C. Inspection and Audit ................................ 18 D. Copies.. . ........................................ 19 SECTION 12 PROGRAM IMPLEMENTATION AND REPORTING REQUIREMENTS.............4..........4............... 19 A. Programs .................. I .............. ........ 19 B. Submission of Records ..... I...........I........I... 19 SECTION 13 REPORTS ..................... ......I................. 19 A. Types and Content.................................19 B. Format ............ .... ............. ......a. ..... 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,.. I ................... 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... w ............................... 29 A. County Right to Provide MSW Management Services...... 29 B. Disaster Assistance ................................. 33 ii 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..... I ............ I ................. 39 D. Recovery of Damages ............................... 39 E. County's Reimbursement Costs ....................... 41 F. Waiver ........................................... 41 SECTION 19 TRANSFER OF FRANCHISE .............................. 41 A. Director Consent.... ......................... I ... 141 B. Franchisee Demonstration ............................. 41 C. Payment of County's Transfer Costs .................... 41 D. County's Reimbursement Costs of Enforcement........... 42 SECTION 20 GENERAL PROVISIONS........ I ...... I ................. . 42 A. Exercise of Options ................................. 42 B. Independent Status ....... I ............ I............ 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 1. Limitation on Subscription Orders ...................... 45 J. Criminal Activity.......... I ......................... 45 K. Notice of Delay ............................. I ...... 46 L. County's Quality Assurance Plan ....................... 46 SECTION 21 DEFINITIONS AND INTERPRETATION OF AGREEMENT....... 47 A. Definitions ............ I ..... I ........... 6......... 47 B. Interpretation and Construction ........................ 47 C. Integration ................... I.................... 48 D. Governing Law ..................................... 48 E. Severability ............. I......................... 48 F. Interpretation ...................................... 48 iii SECTION 22 COMPLIANCE WITH LAWS AND REGULATIONS .............. 49 A. Applicable Law ................................ I.... 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............ I ................ 54 A. Execution of Counterparts ......................... 1.. 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 I ............ I..... 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................................... I..... 63 E. Green Waste Collection, Transportation, Processing, and Diversion ................. I. ... I .... I............. 66 F. Special Services ................................... 66 1. Holiday Tree Collection ...................... 66 2. Bulky Items Excess Solid Waste. E -Waste and CEDs Collection ..................... I . 67 3. Special Events Cleanup Services ............. 68 4. Vehicle Billboards ................ 68 G. Roll -Out Services......... I ......................... 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 B6) ....... 72 EXHIBIT 3D FRANCHISEE DOCUMENTATION .......................... 73 EXHIBIT 10 RATES ................................................ ATTACHMENT 1 TO EXHIBIT 10: 76 RATE ADJUSTMENT EXAMPLES .................... ATTACHMENT 2 TO EXHIBIT 10: 80 RATE SCHEDULE (Customer Service Charges) ......... 83 EXHIBIT 18D2 LIQUIDATED DAMAGES .......................... . I ...... 84 EXHIBIT 20G AUTHORIZED REPRESENTATIVE OF COUNTY'S DIRECTOR OF PUBLIC WORKS ........................................ 87 EXHIBIT 20H FRANCHISEE'S REPRESENTATIONS AND WARRANTIES...... 88 EXHIBIT 21 DEFINITIONS, ..................... I ............. 91 P:laspub\CONTRACnJesnedelFRANCHISE AGREEMENTS12007PAgreementslTOC Agreement SCV.dac v 001874 THIS AGREEMENT is made and entered into on oct bq 3V 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. 1. 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 6 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 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 for those amounts, including: Any Franchise Fees payable monetary amounts, or claims 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 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. FRANGHISEt'5 t,om uancG rrw� �••�•• -- -- 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 30 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: /O -3a-67 S,4� 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. Spills. 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. Leakin . 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. 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; 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 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). 1. 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 132b 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. Be 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 Lops. 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. 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 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. Monthl . 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; 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; A description of contamination audits of Recyclables Containers in accordance with Service Specifications; and 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: The United States or California Environmental Protection Agency; 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 lacountyfraud.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: (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 anytime. 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 COUNT`( property. FRANCHISEE shall submit its report on a COUNTY "Nonemployee Injury Report" form available on COUNTY'S website at http://cao.co.1a.c us/RMB/pdf/NonEmployeeiniu!yReport.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: 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 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, 1. Events, COU NTY 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: 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 COUNTYS 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. 6. 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. !Incontrollable 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; 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: 1. Fraud Misrepresentationg 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. 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 11C. Page 35 8. Specified Franchisee Defaults. FRANCHISEE Breaches any of the following Sections: a. Section 22B Child Support Compliance Program (if not cured within 90 days of Notice as described in Section 17A); b. Section 23D1 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. D. 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. Recovery of Damages 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 or in the event of Criminal Activity in 17D2a or c, respectively, costs incurred reprocure MSW Management Service Services; and Page 39 for a Franchisee Default accordance with Section by COUNTY to provide or s in lieu of Franchise 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 .- 1 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. Actinp 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 246: Changes in the scope of Franchise Services and Service Standards that result in a Rate adjustment in accordance with Section 3C; and 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: 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. I. 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: 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 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 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 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. 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 i. 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 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 5. 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. 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. 8. 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. Reaardina 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. Reaardina 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. 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. 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 F. race, color, national origin, ancestry, religion, sex, age, physical or mental disability, marital status, or political affiliation. 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 (( 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 �4 By. Deputy COUNTY OF LOS ANGELES By Fw c t i n g Dire r ublic Works NAME ON BEtiALF oN BE 4Al Page 56 J pC.H ..qa. mtia3. yf.� n car•., 9. '). •)i:\..q. a}4 a..3 0., Vii.. ?G9 ?... s�.,�a::2.,�vv: p+:.�f.7•:' � Nv'Y'�H,� n State of California ( l County of LS +� On (.L� &r �adil�beforeme, ��(rd'2 i a.o /ll^1Zlr� li6hG nnrp are nae Neme and Title W t rOTcer personally appeared M ) Charm! Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): — El Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Col ❑ Other: Signer Is Representing: b Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: bwv -mad%.y<.yavT�w�<�yr_<jU.=v<>�q�.s�y s�;a - uea• .'mow vsv..,'�e:Hc +�wa r<�✓ n . ��sa q.-evo:?�<i✓c� Page 55.1 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(50i aFsubscribed to the within instrument and acknowle ed to me that he *h�executed the me f s/ (Klt�r authorized 1 capaclty(ies), and that by signature(s) on the instrument the person(-), or the ribty upon behalf of JULIE wol which the person(s) acted, executed the instrument. ' CommP= # 1648738 hlotory Publ{c - California .'` - I certify under PENALTY OF PERJURY under the laws .. los "eles County My Comm Explrea Mor 28,201 Of of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and officlial seal. Place Ncfary Heel Above Signature Signa reof Notary Public j 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): — El Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Col ❑ Other: Signer Is Representing: b Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: bwv -mad%.y<.yavT�w�<�yr_<jU.=v<>�q�.s�y s�;a - uea• .'mow vsv..,'�e:Hc +�wa r<�✓ n . ��sa q.-evo:?�<i✓c� 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 Arreguin 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 Action ixecuted in any number of counterparts, and the counterparts taken the same instrument. Page 55.2 A. Franchisee Services and Service Specifications - EXHISIT 3A EXHIBIT 3A - FRANCHISE SERVICES AND SERVICE SPECIFICATIONS 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 W caranior COUNTY does not grant to FRANCHISEE any additional exclusive rights and privileges. 2. Section 103 couecnon_-- 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, 2016. 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 $1,0485150. 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 or uirect Costs yr A 11Vauvn WMI D�� &. Cn••et.�hilifii of Anraament Provision. FRANCHISEE'S share is percent. B. General Specifications, 1. Collection commencement ware anu W•-•--••-•• 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 67 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; 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 BE. 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. L 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. 6. 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 shalt 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. 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. 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 Recvclables. 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. Disclosing 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 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. 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 Facillty. 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 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. Bulk 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 Fla, 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 Fla 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 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 Franchisee Services and Service Specifications - EXHIBIT 3A 93 3/16 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 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; 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 131 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: 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 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 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 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 1483) 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.1- FRANCHISEE'S PERMIT AND PERMIT APPLICATION This item consists ofLJ pages (including this page). Initials: Dated/Z4 Initials:1P, Dated..A�4 F NC SEE COUNTY EXHIBIT 31) Item A.1 - Franchisee's Permit Enclosed, please find the following Burrtec Waste Industries, Inc. pen -nits, 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 generatorthandler (CAL0004235) Burrtec Waste Industries, Inc., California Integrated Waste Management Board Waste Tire Hauler Permit for calendar year 2008 (TPID 1001726-01). 2 EXHfB1T 3D K3 upGJcrsiu� i_t?11t(?i'r'llli LIC�ilfi'iiilt'fli t!f Toxic Substances Control EXHIBIT 3D ■ l** a To w Handler Certif...... n Page .Signature Requl ........ I ......... _............... Ra ae: aunim Waste Industries, Inc., la 4235 A (ft%wed) Repor5n0 Yew zoa�-.s ovmer J ex oP9'wtw 01 ehe taoi'ity- 1, the GRT aIdlor UWED handler, am O ttb PMP" nut I oaNty under PKAItY of the law that the family, named in Section A. genereses oa mallon born oil sial but does too trawl a MRICYCla, unhwea( waste electronic devices andlot GRT matimiafs. The infonlla9at Contained In ens rRotifsatpn is true, Cored and complete to Ole best of MY Wlmv ed9e- Dlmrtt Municipal S&Mi K (nm4bA ck intra - T-09 (Please type m) �Rl�cftardlaaa •� Primed frame (Meas& 1YPe in) 051148009 ET • Date signed (mmFdd! M - Plam type �) Naffi=tlons must be submitted to DTSC W mad mall rMm receipt request Before sub>�tnrg this me, Print • l ODL so You can sign and send h to address beWw. Mal to: Depadmenit Of To+6o Subeanw Control Hazardous Waste Management Program Regulatory Program Dnybpment D'IMsloo P.O. BOX 815 Sapemsnp, CA 95812.0105 Attention: UWEDFCRT Maleriais Handling AoM10 You app wea not be accePrEd if you do not Com p'ele and servd m this Gayle Sabmrt f ^_dltiav o• UO I pmacy Poli CcpYrigtd m ZOp7 Sta19 of California I�lr�-�.�.pw7GUGsel�lt�_Upa�u Cwrm�+U'1i�'t'� "'�•SI'gK.tR00R2W W6CF-0-otTaY0T1(1•'IOrA'-1RM14f2 12 Pq I Cd I W9 a 40 H 5 EXHIBIT 3D WOO 111,01R I I ...r 5 EXHIBIT 3D EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item A.Z — INVENTORY OF SERVICE ASSETS AND CART SPECIFICATIONS This item consists of pages (including this page). Initials: _bated�itials: C�R _Dated: -IQ RANCHISEE F Burrtec Waste Industries, Inc. has received approval from the Director to use 95 gallon carts for this Franchise area under the Franchise Agreement. I:1 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. larita Valley, County of les franchise area list o is included below. All vehicles are ehicles to be used for the Santa Cowned by Burrtec Waste oIndu sees, Inc. EXHIBIT 3D zwoolC:0 Sam DAT/: MARCH lir 200 0 Fags 551 -685 -isms 763 Buis WwwIndLwmis wocm" A,, 0 ...ew a iota Aml em om TOTAL Th"k You for vow b"MW EXHIBIT 3D INVOICE INVOICE (07611 DAT95/19/08 luvI'. •4,4 61 .1 DIVERSIFIED TRUCK CENTER 3777 De Fmest Cede Mira Lome CA 91752 Ph*" 951.685-3456 F83C 951-685-2786 m Burme Waste Industries wwamlyA mm I%wm wr n sms acre: CGDE am "Tu Hyl Oki � vse� vaaAt.'.So-sesr34ss 11 hm PM mm" TbK* Ta+ *w Tw b'6 10 EXHIBIT 3D iNvOICE INVOICE;# 207623 ' D47E: 5121/06 OMRS,IFIED TRACK CENTER 4777 00 Forest Clyde Mira g onw, CA 91752 Phone 851-6554456 Fax 951-683.27" Ift s Surrae West* indarbie A•rsm r*wu%ICAVMS ATts, Cam mm �wROM EXHIBIT 3D na .. I : 16 INVOICE InVoICE # 207624 DATM 5/21105 FM NEW sm wv(x YI WAW1 e6Wf7 YIN s S pF624 j'JL TLenk VM rer Year **"*So 11 ,rmgFI6o TRUCK CENTER 3m Do Rotwrt Clado Mita loam, CA 21752 PWM 9651.665.3k" tax 551.655-271A EXHIBIT 3D IMYAICei. • 207625 Duff: $Ilof w. 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 175500 95 Gallon Green o 800 65 Gallon Black 0 800 65 Galion Blue o 800 65 Gallon Green o 800 35 Gallon Black 0 800 35 Gallon Blue o 800 35 Gallon Green o 100 65 Gallon Brown 13 EXHIBIT 3D 11 Blwk :J 1 Blwknl . l7sSW Bim S!1 BIM >1 !.... 11 i. _w. goo ill C. 10OBruwa _e..� . m9 1' Clcft On or bc&rc Nov=bw lo /1: w. 1 15 lEaI EXHIBIT 3D GREEN WASTE ONLY t DESECHOS VERDES SOLAMENTE N0T nccEarew Pnao acEPtaeL: ACCEPTA?L'ACEPTA F. ComhYce DeGln'Ett0 0i do CoreveodoP Dt Tem Gm( yC1oII Ptdo "k s� y GvyGOygwu yy,, ����nn: ? <}" 'ReGttlei Be Peinsni glY,�eY Be1W T��=-5"+R+ '�'� PGGe FPpyil tkyu tlt Pioxtl &oGN YYomka Sm"AW a C&aW Cidn, ko" Pe81r Tree Tmvtod Peronss De Atboiee e7 HALGpGWi,LqumDe♦�gteDYC wtilE PlMio orP�e+bWYBolia tle Plnu000tlePWd NO SE PEWYIE L£GECYDG TOALOGP�1GRWmYIICJmOf Mmvi WRW EsuNcd Ee MtrW Fa Yon Mdmmom epo,epotrb d6pN Nhmle 1 Ylutr 4beW m9: Pmde dNNdml Emwsm Pa4mm P> pwc 14OKLE" RECYCLABLES ONLY RECICLABLES SOLAMENTE mcjAccEnmmwAcEnmu ♦ ]' M]' mumi#um and Metal 4*0 p BattWW"01115 wwwsvAcbgs .,.., plam Bottles, , ., , ., TRASH .. 11 RNUi. Desec 1conmWCOKMO PM .«. 1 :. 15 EXHIBIT 3D Exhibit 3D - Franchisee Documentation Item AA - ALL FRANCHISEE MANAGERS, AUTHORIZED REPRESENTATIVE OF FRANCHISE, KEY PERSONNEL, AND SERVICES SAFETY OFFICIAL This item consists of t pages (including this page). Initials: Dated*tials:-FM2_ Dated:I O 30 0� FRANCHISEE COUNTY 16 EXHIBIT 3D EXHIBIT 3D — FRANCHISEE DOCUMENTATION Item A.4 - ALL FRANCHISEE MANAGERS Parent Company— Burrtec Waste Group, Inc Edward G. Burr, Owner (BWI1BWG) Cole Burr, Owner (BWI/BWG) Tracy Burr, Owner (BWI/BWG) 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 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," "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 Nirio 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 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 IM EXHIBIT 3D KEY PERSONNEL Tracy Sweeney — Vice President and Chief Operating Officer Michael Arreguin —Vice President Richard Nino — 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. 1001 Burtec Waste Group, Inc. Bunten Waste Industries, Inc. Corporate Office Executive Staff Cole Burr President Tracy Burr Vice President VioeProaitlert1/000 Robert Coon Rkirard Nino 9.Mlraidw Muniapal Selvio§s ' Human kesourcga Accounting Oepaft Of t IT Depai(mp* Audft Depsitiment Administrative Support 20 Hauling Operations David Jappert Regional Manager Steve Paulson Division Manager EXHIBIT 3D Elena. Drapeau sr Service Manager 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 Burrs 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 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 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 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. Nino 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 o11? f pages (including this page). Initials: Dated:—tials: _Dated: �� FRANCHISEE COUNTY 24 EXHIBIT S - FRANCHISEE DOCUMENTATION Item a5 - ROUTE MAPS AND SCHEDULES f v 25 \ EXHIBIT 3D ��. EXHIBIT 3D 9"eping f Los Angeles hiblM,�PYA® 5Street Routes County of th Losor B's. Monday - Area #1: 30.23 C.M. RD: 556 EXHIBIT 3D These maps and associated data are provided without wananty of any kind. County of Los Angeles Myresale ofthis i 02006. is prohibited. . County o Los Angeles. PUBLIC WORKS Street Sweeping Routes Monday - Area #1: 9.5 C.M. RD: 556 ESOUERRA 3 H 0 D— RD NILLTDp DT pd q$ CAKSIDE Or �s8 Dd Cf ..f yy, k9YFORK 5 C �J•�'�� qa "W� ROLLA STARWO Or yQ(s We °s :. .. DR ; w e5 3 OP u FF a z ,,u T Q g t i41 ya>ro - ASA N�'A 3 M�+S3+ dIf.. _U fQT i VA X r ".. '' .. 5 N s ^W1 x "TT ir,'sk OR (rR t'9.yy RC pN IUN �pN $S WHITES tl � n"h fwdd�8 y Id II�dd ,i / LEGEND x �i Id Counof Los Angeles >' !`�`�+s z Y. tv s , U sr u City of Santa Clanta t+n .� 1T.6 2 NGt B'F SSV 'sr .r t (- .,� P Sweeper Route 4a"°^warer� "k T,rou� r ,... .. w SC81®' 1" 1250' EXHIBIT 3D prone°xvm°°ix Ie many a�no. County of Los Angeles pmheuIsof 11si^(°ppe°w ie prohlbitea. C°pyn ht 20°5, PUBLIC WDHKS Street Sweeping Routes `°°°�m`pa���. Monday - Area #2: 33.82 C.M. RD: 556 EXHIBIT 3D These maps and assoCiated data are provldedWthout hassle of this MCof m AnY ud n County of Los Angeles Is prohibited. Copyright m 2005, PUBLIC WORKS Street Sweepi ng Routes Countyof Los Angeles. Monday - Area #2: 12.93 C.M. RD: 556 R NMCV aaxnw R a7 'y Cr i Bar a wnoEymm F i q eT 28900 LEGEND County of Los Angeles City of Santa Clarity Sweeper Route Scale: RrcIv o f LL I LL acv °yea,F \'yq G�caCm:ER PL O COQ Cq nGicyw&7 3C Ci b '•'e Aro 5 `�.nw•„' ,,,��'k kar"p,7 ' MINER, glw +s Rv a -atw �' i-455157 1511 4 +4�7u n°`, OR PKWYOR wvas»9� b. a en ,0F�+ yob u W L.m acv.:n� "oxxHo _ac'cs-c �y r q EE CASCADE •�••{'c� LL �'4 �Z Cr a RD 0 w� Z d J µ O • U Y V PU �pGE G AV o ONn ST 2 oF'tn 4 Or Y C p ZPaPAX.1 144 VALa & P R Y s� av 9 - a 4V ST Vx ccrG a E AGffMT R Q K Y U r9. aT N 9 - a 4V ST Vx EXHIBIT 3D w"'u'�0,no" e"6Y, ' County of MY resale CFMib N°^Los Angeles It pr°nlUltetl. Copyright 02D 1111 Coty of Los Angeie. PUBLIC WORKS Street eepeng Routes Tuesday - Area #1:31.84 C.M. RD: 556 County of Los Angeles Pr \11111 aaGl � II Street e ee•. Routes e �r s,Tuesday EXHIBIT 3D e maps and associated data ar ad without warranty of any kint Any resale of this informatio is prohibited. Copyright m 200: County of Los Angeles RD: 556 EXHIBIT 3D County of Los Angeles provided without wannanty of ofhm"` y t'o PM resale of this inForm 00c is prohibcou Copyright® 200. PUBLIC WORKS Street Sweeping Routes County aF Los MBele< Tuesday - Area #2: 2.46 C.M. RD: 556 EXHIBIT 3D These maps and associated data are provided wig resaleout ft his of any Kind. County of Los Angeles My male of this information is prohlb[ed. Copyright ®2005, PUBLIC WORKS Street Sweeping Routes County of Los Angeles. Wednesday - Area #1:18.36 C. M. RD: 556 �71 J PN g m cl SECP ? QpY (,P 1 PACIFICACT BOOP a Hc1.Ly p�, yy CT K ti W � V W W D C a PL - D CYPRESS � R i ST �m QTY ,0 ST aP- F CgESTLINE "�'Pe3 2 R� UpFl % 2 P NVt. CAt4i� N 0 ED� O JESLy� 01R t -u REDWOOD RO YRN OT ON PL OT U O� > V~ HIDEOUT Z P CO 0 CT P� CT r 'g' U p 'p' BODiE 3`Jq ❑ Z pL �F O p ? sem' ER WTS z W U Z j cr � m a ,pa �uLL JO n n R. E CAW 0\'k BIRC >a x DR L 400 L P LN WY O V CANYON M h ' HEIGHTS O HILL 3 v ❑R o DR o _ ..x Op V., Z .21 k ,.., V d1K 0R Ani Owl IV AFB ' :l a a `•I' PL * CpNWAY £F/F� s FR tY- Cr CT 4 333d F , as b U 2.� ycMFRHy R CT I PL s O 8 E. JEFFERS y µ Gr 7 LEGEND 10, County of Los Angeles p Gt Qv �oa� F City of Santa Clarita E alaswtxa m p Sweeper Route �`' LN a4 'ICYP1. I:,,, # Qp Scale: 1 000' °R 4NOD` 3"kYDR EXHIBIT 3D . w a,,, ndi County of Los Angeles provided Any vithout ofany kiio My resale of this iM C 2DD4 is prohibited. Copyright of Los ngelm PUBLIC WORKS Street Sweeping Routes �ea�aL��,�� Wednesday - Area #15.09 C. M. RD: 556 EXHIBIT 3D These maps and associated data are County of Los Angeles ao^dedwyresalhoust 2mantyo infoany rmd. ation My resale of this information is prohibited. Copyright ®2005, PUBLIC WORKS Street Sweeping Routes County of Los Angeles. Wednesday - Area #1:10.00 C.M. RD: 556 FAN.. RO Cr CT DR R SUE OR RUSS `.` JAY ST a L CG F� Oq su � s P� 9 1. T '46, N/ / 6 lk rr..C� V � FQ � nT tis nIAN GHQ- RiF1F. CT '� PL NCA OR SGq� oR ; F N DR ,IAY N A4 tN OS P/ CARROT P� :LISA w. FygN C' KS 4 2` "T. CF ESTE Wy a) 1 % m p : Uj > 2p`R7 C R P z qNY RD ON o ,z 9y SJ^t > FL(7REt3C� . e,' a CN Zsoar trl. ©bROTHY ST tw woNG CT 9 e£RRrbICC ar 14 ST C,9 QY 'Y� STan m g'� wgv wa oR h� LEGEND M cr 0 County of Los Angeles 10 CT <;Z ` o `nfiiy x 2� 4T , City of Santa Clarita y Sweeper Route STQVAP rOA+ Scale: 1" ='l, 000' 35 g EXHIBIT 3D I nese maps and associated data ares, County of Los Angeles provided rryre twarranty ofany Aryresale of this fang kind. tion Ia proM1119d. Copyright ® 2005, PUBLIC WORKS Street Sweeping Routes Courtly of Los Angeles. Wednesday - Area #1: 3.94 C.M. RD: 556 I WAIL HAVEN ➢7 TR LADY LINDA LEGEND 0 County of Los Angeles City of Santa Clarita ® Sweeper Route Scale: 1" = 1, 0007 RIVERVIEW RD 1 CHEROKEE CANYON LN L7 02- LEGEND r CT LOWRIDGE PL ig R - : ^.7 12 5 /ON G r CT ROCK � f CT Y A A. J ki/ OPA r OZ� O Q 2c f Z PL. Z a Oe R�CpO L d' CT Ti'Q c O k!y F D [ d $ m C O C< CO ON HOLLY PL CT N d: r �a s gg a a CYPRESS � k�8 O� Qv ST q�y� �, C A aO yaPg�lO� ST AC 0 R O N 36 ED'S EXHIBIT 3D mps a„u d�vwewu Uew a e County of Los Angeles Drovdetl wilhoutyres le of isi onykind. Myroseleof Mis of any e0on is prohibited. CoWgM02005, PUBLIC WORKS Street Sweeping Routes `0pnry of Los Angeles. Wednesday - Area #2: 3.39 C.M. RD: 556 EXHIBIT 3D County of Los Angeles �°°ids nyreshout �ao^ty of any load My resale of this f an Idinm is prohibiktl. Copyright 0 2005 IM IN I PUBLIC WORKS Street Sweeping Routes c�°°ryaLos A°°e'eg NW Wednesday - Area #2:3.29 C.M. RD: 556 EXHIBIT 3D ape auu 4e 141W mw an County of Los Angeles provided Any raorenly ofa" Airy resale of Nis f a" kim is P""i" Copyright ® 200: MUNI PUBLIC WORKS Street Sweeping Routes Courtly of Las Angelee Wednesday - Area #2: 0.76 C. M. RD: 556 EXHIBIT 3D provided County of Los Angeles �Mo�leoaa�orany Myresaleof this InffoyMm is °r°hlD11d, 11,111 PUBLIC WORKS Street Sweeping Routes°nly a`°a�Qe'm Wednesday - Area #2: 10.09 C.M. RD: 556 EXHIBIT 3D alm am aewwa� vow e, County of Los Angeles provided Any warrantyofanykim Any out a of this of any kirn is prohibited. Copyright ® 2M PUBLIC WORKS Street Sweeping Routes County of Los Angela Wednesday - Area #2: 0.88 C.M. RD: 556 Ro 41 cA/�N LEGEND 0 County of Los Angeles City of Santa Clarita Sweeper Route Scale: 11 41 cA/�N EXHIBIT 3D f any kinc County of Los Angeles govided wy"n'a'eMDUt oanry a"O"ao My reted. of Nis ht0W E is prohibited. Copyright ®Z00'. PFO -09 rjl� UBLIC WORKS Street Sweeping Routes County of Los Mgele• Thursday -Area #1: 20.62 C.M. RD: 556 EXHIBIT 3D Provided withoutns warranty atony kindCounty of Los Angeles Any resale of this ht02ti is prohibited. Copyright®200E PUBLIC WORKS Street Sweeping Routes County of Los Angeles Thursday -Area #1: 13.5 C.M. RD: 556 EXHIBIT 3D iel anu nano prowithout ween" County of Los Angeles "'� nynasMeofI My resale of I is prohibited. Col PUBLIC WORKS Street Sweeping Routes county` Thursday -Area #2: 24.73 C.M. RD: EXHIBIT 3D i nose maps ane assoaarea oara are County of Los Angeles provided without ou[waoanty ofany rnaton Any remle a p,� iht11ioa is prohibited, Cgpyrigh[02(105, PUBLIC WORKS Street Sweeping Routes County of Los Angeles. Thursday- Area #2: 4.95 C.M. RD: 556 EXHIBIT 3D County of Los Angeles provided nymeithout w rranty of any kind My resale of this of a y kii d is proMbitetl.cgel Copyright ®2005 PUBUC WORKS Street Sweeping Routes°°Ty°f`os Anes Thursday- Area #2: 4.95 C.M. RD: 556 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/Oh f "y` "nitials:�_ Dated: FRA CHISEE COUNTY 47 I*AAmI1 k&III 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 the4ternate 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 M 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. M 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, Soda/juice/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 FLO 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 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 *3C11=3��3�I 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 Liquid waste Concrete Computers Construction Materials Platics Hazardous materials E -waste Paint Televisions Rocks Drywall Medical waste Furniture Pet Waste Clothes Glass Mirrors Contact Information 26835 W. Pico Cyn. Rd. Newhall, CA 91381 (805)650-1616 Bill Camarillo Sims Metal/Valley 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 Contact Information EXHIBIT 3D 9754 San Fernando Rd., Sun Valley,CA 91352 (818) 767-5022 Manager: Steve Rios 54 "JUL 2s M EXHIBIT 3D INVOICE i STATEMENT RECEIVE N f: t L !i.41xyc :%j ' Please dewh tom al� raium with your pffyffwr dear* ywr Ck"JJ 114 CANY]N L4'07.0 Cite DKCtW___.._ ...._, L31 . 4R w0. l:='t' S' .a'_. M Tei. u, '6';`.# ,'4 :' rt :ej.Z 11 .. i-: Td.�_, +t,4 _ ? .. _2 v._..ZC :.a.v..lK r F,f+�H ai .''Z', _✓ Vii. �iyQ Dw _tx Plus¢ �+ 3Ai:E DUf cow: Sefvie6 Ad9rwac: L EXHIBIT 3D ul'I SINci! '41. GJ.'rCN LaNPr•^a "'KV L[Yuu .41u n.::a.L^.M+mp IG'..vum.I Va J6Vlc ",le .-. V AGi7p0JJJf V.f[T31J5 nm -- .:110 �II,LM.�YMruM4 ]- An oz t; .. v1w Ylw "-•- IJ M•'v-a 74•:4.:. a-- :..vwl �.tMGI i J -. a`ftl 1' {u Lm l, -,.-P V Y P..aplN„nr tu.unlul.•yu- up Wf Vu:ah�f. AteurvrumJl. Ips Invurx rrr. Iwre nxC r+I4T144 w d. "L, CACe in L ..N4 An "LL in Ica 711 ' P.%vN annsurc: a :eGenu LC1I cI: i1nn4 is I RIr tn-R way ec s.7cumj Awl iznn 3C cay: s`zI inc2w. 17: TOTAL THIS IPIMCE PL645E PAY TI 115 ANIOU T' .9'vOl1NT L,�= nrJmarx�ra ^LE46E 'IEl'URN 1'HIS FUF.111JI4'A'II H �! cbll"-re.hl�= LCC; qN[,L _L.^., Ld NLCM 1226 ;NY DI CJ) 15CC T 315113 L'uL ears � uR 1 .II'h� Lu:, CNv.rl. alrzen JIM rnr ia. �.pnmce m[AI.aG S IAM, Yi Ind7530 1i*3 IN £f4!]N ut:a If _WITRCr7.1FMSl Fed SALR'•1-1e20391 WLJ S7.50 n1 J r. tl Ft L mi-wvLn'c rCE SSC Yl VA I a":I:.D J ' M . a Uc.iiol 01 JA AA LYNIS Sim rI. n Ia2107C 616 IN 5%4721 1S Jai ii LN7411':9•J3IERCAI aFF Ax -J 112987- {aY LJ 5'r,Sj Ji Jul 'A RIP O -U..* LFV -CC $22.67 'I's -112:9Cr2 117 1N i_Y 87 , 3 Jai AA M'!r 5.1•^.. M, „E-11120VC fl9y YM f:Al ll 8'Jul J7 FMf85WMLN i'ic TE £7 SD °F.-1'0449' ill In E7 Al T .lul 11 rim F=it R•tNy -LL 390.A5 Y6-132455 D 1 JJ L6 11!445 J' Jul N•. IMQ 24C W Y6 - 132165 r 18.0 'M Hw 90 1'Jui ti} fMlidaWLIL'N7AL FFF TT K. :9.112411%" 111 1n f7Sl T Jul FULL 1,%=WIIIY IPF f+i l7 l'S-U'1<.' 111 LIl 14447 72 Jul A%. 6Ca•A' SAS Ul 745. 1J' m L $ i", TN r8 P4 41 .^.zNI If C!4074tiryllF!47AL hIrh £2•=c T5 192036 10] LJ £7111 82 Jul r F .1 ihLbOrArR1' FFF sle V. ••9-1]2:;19] +ill sn £06.46 ILI A•1 1:rM S•16cc, a'9 -112R71: 1: 10.28 TN 34*':20 .lel 0.F1,14INUNMCN'.9L 17C £7.SC '45.14plin, 167 Ll 8:11 I' FtlN1 �L:o'�'vLf: I FEE £38.61 "5-iaJRi1:2 '..7.• Il S0e.L1 .9JLI 4.A InsR' 94C.C4 "9-IPRRRC �41' TN 32'e.Ru C2 AI PNVIARIIALH A-' rCE 57.SC VA-ITSSR1 ' iV £/�DC M IN -ucl n_1Vv'=�"I TF S•6 F7 ,iI OTIVR2 115.8: ::. Jul +4 IR,".p r1C rA: vd- llsYj u G.'8 TN 035.2[ J4 Jul eN•JINugLICT<:AL rFF A7.SC vi_i97Y5f LCC l❑ i].SC .'.3 JL1 =Go -t L�RFfY rFF 934-5 '•'-19'57.4: tcc 10 33'.15 1r. 4.1 as L'S.9 WCC '•:-Rl'.7/-3 6, +W 330+.AC "'KV L[Yuu .41u n.::a.L^.M+mp IG'..vum.I Va J6Vlc ",le .-. V AGi7p0JJJf V.f[T31J5 nm -- .:110 �II,LM.�YMruM4 ]- An oz t; .. v1w Ylw "-•- IJ M•'v-a 74•:4.:. a-- :..vwl �.tMGI i J -. a`ftl 1' {u Lm l, -,.-P V Y P..aplN„nr tu.unlul.•yu- up Wf Vu:ah�f. AteurvrumJl. Ips Invurx rrr. Iwre nxC r+I4T144 w d. "L, CACe in L ..N4 An "LL in Ica 711 ' P.%vN annsurc: a :eGenu LC1I cI: i1nn4 is I RIr tn-R way ec s.7cumj Awl iznn 3C cay: s`zI inc2w. 17: TOTAL THIS IPIMCE PL645E PAY TI 115 ANIOU T' .9'vOl1NT L,�= nrJmarx�ra ^LE46E 'IEl'URN 1'HIS FUF.111JI4'A'II H �! cbll"-re.hl�= EXHIBIT 3D 57 am V%AtT PHU 54OI1 SE711AENC 9l1NAT PAK KI 1 FOE MIR 31600 STNING Rm APE. SUR lot BAUI6 CA 9L390 lNO m SMI96 CA cxrpACT 4 LN 14UEAIAL OESSRIPTION WEIGHTS ----- 4w. A14147 T7I7A or. SHIPW 1 ;2mE 46 NILR PRIM LO INITIAL FRT INITIAL PRC IIIXET O INITIAL Ow YGNi Iva AN1 3FA RT PRT AN INVOICE O SETRE OEM i FAT 3I7FR AGI VEHIOLE 11), O.O. L, O cW ANI r08 IRAS4 REN 6 100293 581P 6 1"3 .00 <79&09 ATO" 601V -5!.0000 ST .DO 440408 199139 N 100243 N ["It -274.06 ATOOM SETTLE AST 100243 -771.06 106 CORMIAL LOO REN 6N 42170 SKIP 6 42170 .00 327.00 MFM79 o0N v T 32550 T 32550 60.6000 ST .00 1F9678 119139 N 9626 N $177 32711 6457000 kV 407 -1443 4711E N6T 8177 7131321 327.00 - ` i0$ iOOMIAL LOAD HA' 6 42790 SHIP 6 42M .00 355.64 6F7440 6024 V i Tax T 3Uso 60.0000 ST .Co wow 414639 N low N ®41 359.64 6094060 167 A63 •1%9 GEITLL HST owl ?T45SYu M&64 _._..._._ :06 COOF.RCIAL LOAD RELY 6 42010 SHIP 6 42010 .VD 324.12 H9fR5l 0024 v T 32336 T 32330 60.0000 ST .00 60933 119139 N 96W N BA9 329.12 6093100 N6T AN .1492 SETTLE N6T 6220 MUM M.12 Foe QYIQYIAL LOAO T416v 6' 41240 SLIP 6 41290 .00 298.16 WP341 0029 v T 32470 T 32470 BO.600o ST AO WP341 t1913T N 0770 N 7434 290.16 WP34100 N6T Apo -1316 SEI Ti 667 7454 7£3m 398.16 RIB G9tiEAE[AL Lm 4SCJ A I31B'.i SUP 6 43180 .00 375.00 NFR54 Oo2T v T 32190 I 32150 OO.ow 8T .00 HFP154 114739 N 11030 N 4375 373.00 19i35ADO HET ADO .1653 *,EIRE H6T 9375 8311884 3]5.80 57 EXHIBIT 3D Sime of Glifarnra Cali Ce*wia ia[eg aiocd Wus.e CCVfMB 197 (ReVi" YUVC$) Mmssemen: Baud COVERED ELECTRONIC WASTE TRANSFER RECEIPT Pltrut j+a»eCt Hrc h++'1a.ang 14{a�aaarrart 10 ducammna Iraykr dC-r+ewr4 if«v;w: Narks-C£A'rt !+G'Va+ea .if�aseJ Cdkcrur aredApgo,-ed Ren..lmt,"H:arprrr9w¢:.+wrrrr..na+.a-n+.ysvp �aY t'er.rrad'rs:lrwu: A`scre R,n;'clrvre Pgy»:ear Ctaenxr e1fNAL6 Pm: !g5, lnnr:eg+A`}ion a# u ¢yr 1 I Iqlk�wlB I •�.. Ir 1' It {5 hommul Joss • M. .L Csltkmia SMM Dod0r2tioa And Ueol Van6ratrn yciporarug w a Cue+x1ml) sears tnu rnmaaz ager 5ote q>seaw bdm `!hare reeprmd &m aft CERT uamjennd ro Ac Apprn•rd AcKnlofw which recowery po}'mrr a err rtgwwd am mtofy ja+[I Calijea,dn mere. Simatah of Aemo. ad Printed Nemc "I „e rhm We'r'°rg#)fif�#"t rrawajt+red olad rrravrded ea Anrruipf err nae andarrrratr.' iinatnn e mo EXHIBIT 3D MW 'pyf .." wl +���a".�.v. 9M COLT SA ET E3 N�. MT,,,r ay INVOICE VENRIRA. CA 90003 (MS) 650-1 816 Fox (KM 5504630 ®BHRRTrC WASM iNDl ORIES, INC 8LIRRTEC WASTE 1 i=STASFs. L'4G ATM, AMOUNTS PAYARLE 91M CHERRY AVENUE. RLDCa C ATPS ACY7OLNI S PAYABLE POMNA, CA 92333 SAM CM2 VY A VEN'L'E, BLDUt C FaNTANA, CA 52135 IFr• ► •+ r+ QIIIIIIIIIIII•e - NAM£ON CREW CARD: AWXJNT OF PAYMENT 6: Thank You Curs PAYVENT RE M THE CREW CAPD TYPE iWmfio cirtlm) ws.�rcARo a p .ur r" ecnsa Exp DAIS:_____ mgm 9.42 25x18 - 24x 92 CUSTOMER NO.: Ooh LTM NVOICE DUE DATE: 701=1 APPLY TOINVOICE: 122519C -I4 AMOLW DUE. 24492 IR.EisE RPAAR TO ca maa ReayeYhy. ax sin cm s_ se. q varq.w. u a�a n w�, nem env a�.wu,e e. e5:.w auu�nwN. yasaw Aaaulew Nr.aweu. e�pu.rr� 1111111111111 Ticket # TKDSYT PLMDOM TICKET SA dW VanaIII ) i runCO 1bGl 8754 Sa FarrwC0 Nd (8 8)0]677-502A2 81352 Ticket 4 TKDSYT 1D: 7JO3974 Vehicle 4 III TKDSYT PwdmW From: &A11= KMIEC HASTE . G , Trader: Nichael Kora Control b.- W 7424 Data: Ol Ship Dats: TIM ______________ payer Its 9pent Material Oros Two Not 1. TKDSYT Tin 340804 29150e 4820 162052 0 /820 Totals 4820 0 4020 Gross lot Date/Time 04702700 09:01 WRIC Two WON Date/Tlm 04/02/08 04:04 2,2317 Materiel Sunny Pd Nt iib) PrlceMit Extended Price +WI PdPd Yi 43RD 220.000/crtm tone 483.21 162052 0 /820 Totals 4820 0 4020 Gross lot Date/Time 04702700 09:01 WRIC Two WON Date/Tlm 04/02/08 04:04 2,2317 Materiel Sunny Pd Nt iib) PrlceMit Extended Price Tin 43RD 220.000/crtm tone 483.21 Tota : { 483.21 iota Paid an chock No. 186441 t 4M.21 rin•a rx m Costaaer Sigutwe (All ;lynx re reported In Poords mless otherwln irdimted) 1":' Bepresmis a .eight that was 9anpily entered) THIS M', the California I Division of t of Food and i warrant that I as ft peter (r are -,S a) of the mural described terem ad hey@ the right that it mtkins ro lbnrdooc Material$ a defired I or state lea and that for payaant hereby revived. I 119 to SA Racycl ing. .ElENT: Sellar 91111 Ldmity and told buys dmlt (rkq froatd eliabllitin. Including reasonable h breach of any warranty hereWar 'ame to W responsible for damp to vehfcle dring IIconfo�ia that 90 AIShm beeFROM DAnAWVE Informed of the La ProosisslAS of of Na)or Ayplf.nua. 1 c.rtlfy that i did alb' YGrlal2 that rewire somfel handling Ciatasr Copy SA \PLC EXHIBIT 3D EXHIBIT 3D 9764 But Fsnand11 Road 6URRTEC 1 STE Bun 11111147, CA 6/732 v"lor 0 M"NOR ME) SM2520 • (lia) 787.8022 Dae: 04/02/08 TICKET/ SNF DATE0611cR We: S21B6441 TRDSTi 04/02/08 rit nn TT GROSS TME MET ADJ REASON ED 34080 29160 4920 0 CTM ERT PR1f2i Ulf FRT EMT TOTAL ANT 0_0 0.00 220,0000 GT 0.00 483.21 MOR BU9R08 TDTaIi (aotMcl: 34080 29160..._4920 _... TOTAL ow11lr DUESIRtP__......-------- 4lER: 40,21 61 EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item A.7 — SUBCONTRACTORS (Excluding those listed in Item B.15) This item consists of Z pages (including this page). Initials: Dated: �nitials:� Dated: 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/(Jtials: N112 Dated: 10 FRANCHISEE COUNTY M 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. L4 Ej ee 8r1 Its faf a, dQy: NNmh Nb US M ...' a����' 7adb defa enhaJa de andaes>r hes Pres sema7os de Cr�alq+uer aGyefo cwlearw o vehiculo ► 65 LJ PQY . �}.•R A RLKS5�9 O�C�!!'d l#NI f�Bd� $ Sll CtnB�p:• e4 �: Y da AII7CUi� YG9�•�.-......' tr Y �e 0A*sa os arecbad�i6ds P o fens 6en{�"d'r 0"436W�ba oY�ii�rf+a/a A'4D/�� ©®. "t± me curlramers. •. �n dam;, �17Twz; u ate 1aSAhgarai � , schrei.te 1'AISIOrtI&'39ryOCB/$QIYiG9'd{QIWI� MondWl Lubes — f0day! Vlemas Sam to 5 pm 40 APUMMEC 2711-5370 711eh1eYa+�orY��Peratforl Addn 1.... Y S (. 5. e 7 a 8 10 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 1:301 EXHIBIT 3D Exhibit 3D — Franchisee Documentation Item B.2 — FORM OF SUBSCRIPTION ORDER This item consists of 3 pages (including this page). Initials: Dated/VU/0 nitials:45MP� Dated: jq QC6 FRANCHISEE COUNTY 67 EXHIBIT 3D Effective November 1, 2008 Subscription Order To Our Valued Santa Clara Valley Customer: The County of Los Angeles Board of Supervisors (County) awarded Burl Waste Industries, Inc. (Burned), a franchise to provide trash collection services in the Santa Clarila Valley unincorporated communities commencing on November 1, 2008 and ending October 31, 2015. Burned lakes great pride in the work we do to keep the environment clean 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 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 (on or after November 1, 2008). To request additional services or if you have any questions or concerns, please do not hesitate to call Burdec's customer service department, Monday thru Friday 8 am to 5 pm Toll Free at 1-866.210-5370. The term of your subscription order is 7 years from November 1, 2008 to October 31, 2015, unless it is terminated carrier as described in the enclosed Customer Bill of Rights or the franchise is terminated by the County. Your subscription is subject to the County's execution of the franchise agreement with Burned and it cannot be automatically renewed or extended. billed quarterly: $62.Wquarter ($20.881month) Standard household family services include: ✓ Once -a -week automated trash and recycling collection service ✓ One 95 gallon refuse can (Black Cad) ✓ One 95 gallon green waste cart (Green Cart) ✓ One 95 gallon commingled recyclables cart (Blue Cart) ✓ One extra green waste container or one extra recyclables container, or both, free of change upon request ✓ Free holiday tree collection services ✓ Annual curbside clean-up events (including certain electronic devices) ✓ On-caft collection of bulky items and certain electronic devices in unlimiled quantities (twice per year) ✓ On -cd collection of green waste in unlimited quantifies(Limit of 4 collections per year for Multi Family Customers) ✓ On-call collection of two bags of excess trash per year ✓ Four special community clean-up events per year ✓ Aftemative to 95 gallon containers- Upon request, it you have space limitations, you may receive either 65 or 35 gallon containers ✓ Rollout service- upon request, for qualifying elderly and disabled customers ✓ Mulct Family Customers (3 or more units, Condominiums and Town Homes) - On-call collection of bulky items and certain electronic devices with a 2 item per defection limit (four times 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) Pril Discount: Pay 11 months in advance, get the 12'a month free Bulk Billing Discount: 3%discount for HOA's 2 can discount for HOA's Dat employ landscapers: Discount of $1.071mo per residence Please note the 2 can (Isorunt is rmfingent upon 3 items: 11 Parddpauon in the bulk billing program, 2) NO green waste barrels offered in the HOA, 3) Verification of existing green waste diversion program Senior Discount: $46.981quarter ($15.661month) ✓ 25% discount for residents who are heads 0f household, over 62 and: quality for a utility rate discount based on financial need OR generate a small amount of waste and use 35 gallon carts ADDITIONAL SERVICES Available Upon Request Additlonal Containers, Each: $15.001quarter ($1125/quarter with senior discount) Additional (more than twolyear or more than 41year for Mufti Family Customers) oncail collection of bulky kerns and certain electronic devices: $10.00 per collection ($7.50 with senior discount) Scooter Service: For any customerwho requests this service enter difficult -to -service residential premises (such as some hills or cul -desacs where collection vehicles cannot safely drive): once a week collection $15.66/quarter ($11.75 with senior discount) Roll-out@ackyard service: This service means Bunted brings containers to the curb to be serviced by collection vehicle and returned to the back yard or other designated location far an additional fee of. For qualifying customers: free For all other customers: $31.321quarter(523.49 with senior discount) Designated location, if any: Manure Collection: You have the option to choose any provider or you may receive service from us. This service Is available upon request, for an additional fee, by calling our customer service department at 1-666.270-5370. Residential Bin Rentals and Temporary Roll -Off Services: Available upon request by calling our customer service department at 1.666-270-6370. M, EXHIBIT 3D What We Will Collect We will collect residential refuse, green waste and commingled recyclable; in carts we provide, within ane week of your requesting services. You must place refuse, recyclable materials, and green waste in the appropnate carts. Materials placed cull of are; will not be pided up unless previous arrangements have bees made as described below. Hesse remember that the County requires you In put out carts for cdlectim no center than 5:00 pm on to day before scheduled collec0on and rebleve them no later than 8:00 pm on the day of colledon or 2 hours after collector, whichever Is later. We Will Not Collect Haardoua Waste. State law prohibits disposal of ha rardous mateiafs and certain wecnadc devices in your bath. These include: most palms, pesticides, petroleum derivatives such as moon al and solvents, electronic devices such as cathode ray hhbes (as in TV and computer monitors), ton and plasma skrem& Wer Items banned ham disposal Include batteles, twnnostats, computers, telephones, answering machines, radios, stereo equipment, tape playxrs/recoders, phonographs, videocassette playes/remrders, okulators, aead cans, flu ire writ lights, and certain mercury -containing devices. If these items are Identified in your trash, your cart will be tagged and not cdkcad. Certain electronic deices may be separately collected as described below. for additional safe and legal disposal options, all the HAZWASl HOTIJNE at (888) CLEM-a or visit www.rnvmna govyHNW/ nfo. Whorl We Will Collect. We will make collections ora a week between the lours of 6:00 am, to 6:00 P.M. on the sane day of to week Indrafed W the postcard pre'iady sent by our office (Monday through Friday) each well if your scheduled collection day falls on a alter a holiday, during a holiday week, collection will be delayed by one day (Friday customers will have their collection on Saturday). The holidays we obell are MerTraial Day, Independence Day, labor Day, Thanksgiving, Chnsbnas and New Years Day. Should them be a permanent change In your scheduled collection day, we will notify you in advance. If we miss your cNiectin, please all us and we will return to pick it tip, Without dratge, an She same day if you oil before 3:00 p.m. or on the nerd collection day If you hall after 3:00 p.m. We will resolve any other complaints worst the same time period. Whore We Will Pick Up. You must set your carts at the Orb ueess you have mgut service. If we agreed to collect on private driveways a pavement we will ask you m sgn a waiver of damage Liability andyor indemnification. We must repair or replace, oD per satisfaction, damaged property, and reimburse you for cost of personal Injury, nosed by our negligOKe or willful acts a onlsims. In addition to enforcing your rights under the franchise agreemen[ you may institute civil wits allowed under law. We Can Bring Your Carts Out To The Pickup Point (Rollout Service). At no additional o arge, for residential customers who ceri they are not able- bodied or are eldeny (over the age of 62) and have no able-bodied person making in their household, m will provide rolled services (mpaeirl collection) of ail weekly collection SeMces: refuse, recyclable meteriak, and green waste Collection, as well as the am" curtail dear -up evert, holiday tree pick-ups, and atlotlonal or ll pickups. Thew services are also available to any other customer upon request at the charge lis4d on your subscription order. Alternatives To Fully Automated Carts (Scooter Se ryiw). If you have space restrictions at your art storage or sell site, you may request aitemal to 95 gallon carts free of charge. For difficult to service Gees, such as Culde-sacs a hills, where auWnated collection vehicles cannot safety clove, we will provide manual scooter servl¢ and carts that are of the same aggregate capacity at the charge listed on your subscription order. We will aim provide this service to any Aller NStarKY upon request. Weight Unutatio s of Carts. The weight limit for each automated wit Is as follows: 95 gallon Cart = 3301% 65 gallon ort = 225 Los, 35 gallate art = 120 [be Raplaoemert/Removal/Repair. At no additional charge, we will deliver, exchange, repair, or remove carts within 7 days of your request, Ndayng replacement or repair of damaged or stolen arts. We will remove graffitl from carts within 5 days of your request, or within 48 hours If the graff18 consists of picture or Whitten obscenities, weekends excepted. Annual Curbadde Clean -Up Event We will conduct a Clean Up Event once a year. We will collect ungrNted amounts of bulky Items, excess solid waste, up to 2 passeger car or pickup truck Ores, and certain dectronic devices bee of charge. We will notify you of the annual Clean -Up Event two weeks in advance with a description of the types of Items that will be collected. Holiday Time Pickups. At your request, we will collect your holiday Imes (such as Christmas trees and Hanukkah bushes) placed at the Outs on your regularly scheduled collection day between December 26" and January l e, You must slip than of arwments, garlands, lighting, tinsel, flocking and stands. Unlimited On -Call Bagged Green Waste Pickups: We will collect extra green waste set out at the orb In bags at no additional charge, on your regularly scheduled pickup day, 24-hour minimum advance nobs required. Two On -Call Pickups of Bulky Items and Certain Electronic Devices: You may request 2 pll of bulky harts and wrote elh>mrnnic devices each year at m Burge on your ext regdarty sdeduled pickup day If you call us at least 24 hours in advance. Muld-faraly customers (3 or more units, Condominiums and Town Kernel will receive 4 total oh -all bulky item collectors, with a 2 item per cdkxbon limit Examples of bulky iters Include discarded furniture (such as chairs, was, witnesses, box springs, and rugs); "antes (such as refrigeaaors, range, washers, dors, water heaters, dishwashers, pluming, and other similar Item). We wig accept the fdlowtrg electronic devices: cathode ray tube (Qin devices (including teWsiors and computer mongers); LCD devices (desktop monitors, laptop computers and televisions); plasma televisions. Additional Onion Pickups of Bulky Item and Certain Electronic De dcas: You may also request pickups of bulky hens and elecbordc devices, as described above, In excel of twice a year (or four per year M multi -family eustorms) on your next regularly scheduled pickup day, at the charges listed on your subsatpbon order, if you call les at least 24 tours in advance. Additional Customer Options Regarding Recycables: Customers may donate or sell any or all of their recyciables to persons other than Buntec. When You Must Pay. Buhl bilk residental services three-room; In advance. We will mad your act on or before the 1= day of your billing peiod, for example, on Apnl la for the billing penod of April, May and Jul Your bill is due mo Later tan to last day of the first month, for example on April 301 If we do cot receive payment by the last day of the second month, for example, May 311, your bit will become delinquent and an additional 10% per annum fee will be added to the balance. We may terminate your service if you do mot pay your service fees by the end d tin billing cycle, for exampe, June 30e. There will be a charge of $25 to restart the service after a service intemption and a $25 fee on returned checks. Custaner Temdnatlon Rlghts And Right To Self -Haul: You may terminate serine without Cause at any tee by giving rs 90 days rota. You may also terminate service immediately In the event of cataln emegrndes or by giving us 30 days notice, If we fall to provide service (such as ming pickup or failing to tmely repair err replace carts) or we bill you incorrectly. You also have the right to self -hal all or some of your waste In addition to, a instead of, wbAlbig to our Sema. We will refund any overcharges (including advance payments for serves that you subsequently cancel) within 30 days after we receive tan. We will pay you inteest on overcharges (other than advance payments M whsequenty wool services) at 10% per aurum from the date of the overcharge until the date refunded. Where You Can Contact Us. You may all us regarding service or complaints TDII Free at 1-866-270-5370 between 8am and 5Pm weekdays, except hdidays. You may come to our office located at 26000 Springbrook Avenue, Suite 101, Saugus, CA, 9135% mail correspondence to our office address or via e-mail at sanmrlar tadhhnter.wm. If we do cot satisfactorily resolve any complaint; you may all the County at 1-800.993-58M. We Do Not Discriminate. If you are entitled to service, we will rot discriminate against you on account of race, creed, color, sex, gender, hatlohal origin, ancestry, religion, age, physical or mental disability, marital status, or poli0al affiliation. Rights Of Privacy. We will observe and protect your nghts of privacy and trade seals. Users you give in permission, we will not reveal any Information Identifying you or the composition or contents of your wild waste to any person except the County or t reasred by law. Thank You For Allowing Burrtec To Serve You! EXHIBIT 3D Exhibit 3D - Franchisee Documentation Item B3 - UNPERMITTED WASTE SCREENING PROTOCOL This item consists of 3 pages (including this page). Initials:DatedX/&&1mtials:-FMP. Dated. 10 D$ 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 identificabon 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 B.4 — OFFICE This item consists of )� pages (including this page). Initials:Dated/�tials: Dated: 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 I pages (including this page). Initials:_ DatedInitials: +M DatedJDtZVJC6 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.oru. 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 voluntat the County's "Safely Surrendered Baby Law" poster in a pron.ie contractor's place of business. /7./7 � 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. Newborns can be safely given a A at any Los Angeles County EXHIBIT 3D hospital emergency room or fire station. Y In Los Angeles County: 1 -877 -BABY SAFE 1-877-222-9723 www,babysafela.orc(.w �soMO State of California Gray Davis, Governor Health and Human Services Agency Grantland Johnson, Secretary Department of Social Services Rita Saenz, Director Los Angeles County Board of Supervisors Gloria Molina, Supervisor, First District Yvonne Brathwaite Burke, Supervisor, Second District Zev Yaroslaysky, Supervisor, Third District Don Knabe, Supervisor, Fourth District Michael D. Antonovich, Supervisor, Fifth District This initiative is also supported by First 5 LA and INFO LINE of Los Angeles. W 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 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 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 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 wants the baby back? Parents who change their minds can begin the process of reclaiming their newboms 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, ff 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 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 Bemardine 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 newborn, let her know there are other options. rri yet. V Sin pena. Sin culpa. six EXHIBIT 3D Los reden nacidos pueden ser entregados en forma Segura en la sales de emergencia de aalquier hospital o an un cuartel de bomberos del Condado de Los -Angeles En el Condado de Los �geles 1 -877 -BABY SAFE 1-877-= 9723 www.babysafela.org Estado de California Gray Davis, Gobemador s Agenda de Saiisd y Servicios Humanos (Aedrb merOun" Services Agency) Gra[ t nd Johnson, Secretario Departamento de Servtdos Sociales . (Dep> ant of Smites) baa MWO Conselo de Supervisores del Condadado Los Angeles Gloria Molina, Supervisora, Primer Distrito Yvonne Brathwaite Burke, Supervisora, Segundo Distrito Zev Yaroslaysky, Supervisor, Tercer Distrito Don Knabe, Supervisor, Cuano Distrito Michael D. Antonovich, Supervisor, Quinto Distrito Rita Saenz, Directora Esta Iniciativa tambien esta apolladai por First 5 LA y INFO LINE de Los'Angeles. 78 j,Qu6 as Is Ley de Entrega de Beb6s Sin Peligro? La Ley de Entraga de Bebes Sin Peligro de California permite a los padres entregar a su reci6n nacido oonfidencialmente. Siempre qua el bete no haya sufrido abuso ni negligencia, padres pueden entregar a su reci6n nacido sin temor a ser arrestados o procesados. ;C6mo funciona? EI padre/madre con dificultades qua no pueda o no quiera cuidar de su reci6n nacido puede entregario an fora legal, confidencial y sagura, dentro de los tres dias del nacimiento. EI beb6 debe ser entragado a un empleado de una sale de emergencies o de un cuartel de bomberos del Condado de Los Angeles. Siempre quo el beb6 no presente signos de abuso o negligencia, no sera necesario suministrar nombres ni inforad6n alguna. Si el padre/madre cambia de opini6n posteriorente y desea recuperar a su babe, los trabajadores utilizaran brazaletas para poder vincularlos. EI beb6 Ilevara un brazalete y el padre/madre recibira un brazalete gual. LQue pass si el padre/madre desea recuperar a su beb6? Los padres qua cambien de opini6n pueden empezar el proceso de redamar a su red6n nacido dentro de los 14 dias. Estos padres deberan Ilamar al Departamento de Semcios para Ninos y Families (Department of Children and Family Services) del Condedo de Los Angeles, al 1-800-540-4000. IS610 los padres podr6n Ilevar al reci6n nacido? En la mayoria de los rasos, los padres son los qua Ilevan al beb6. La ley perite qua otras personas Haven al beb6 si tienen la custodia legal del manor LLos padres deben Ilamar antes de Ilevar al beb6? No. EI padre/madre puede Ilevar a su beb6 an cualquier momento, las 24 horas del dia, los 7 dias de Is semana, mientras qua entregue a su beb6 a un empleado del hospital o de un cuartel de bomberos. LEs necesario qua el padre/madre c iga algo a las personas quo reciben al beb6? No. Sin embargo, el personal del hospital le pedis qua Ilene un cuestionario con la finalidad de recabar antecedentes medicos importantes, qua resultan de gran utilidad para los cuidados qua recibira el beb6. Es recomendado Ilenar este cuestionario, pero no as obligatono hacerlo. Z,Qu6 ocur ird con el beb6? EI beb6 sera examinado y. de ser necesario, redbird tratamiento m6dico. Luego el beb6 se entregara a un hogar preadoptivo. EXHIBIT 3D yQu6 pasard con el padre/madre? Una vez qua los padres hayan entregado a su beb6 an forma segura, seran libres de irse. LPor qu6 California hace esto? La finalidad de is Ley de Entrega de Beb6s Sin Peligro as protager a los bebes del abandono por parte de sus padres y de la posibilidad de qua mueran o suiran dafts. Usted probablemente haya escurhado histories tr3gicas sobre beb6s abandonados an basureros o an bafws publioos. Es posible qua los padres qua cometieron estos actos hayan estado atravasando dificultades emocionales graves. Las madras pueden haber ocultado su embarazo, por temor a to qua pasaria si sus familias se enteraran. Abandonaron a sus reci6n naddos porque tenlan misdo y no tenian adonde recurrir para obtener ayuda. EI abandono de un reci6n nacido to pone an una siluad6n de peligro extremo. Ademas as ilegal. Muy a menudo el abandon provoca la muerte del beb6. Ahora, gracias a Is Ley de Entrega de Bebes Sin Peligro, esta tragedia ya no debe suceder nunca mss an California. Historia de un beb6 A las 8:30 a.m. del jueves 25 de julio de 2002, se entreg6 un beb6 reci6n nacido saludable an el St. Bernardine Medical Center en San Bernardino, an virtud de las disposiciones de la Ley de Entrega de Beb6s Sin Peligro. Como to estableoe Is ley, Is madre del beb6 no se tuvo qua identificar. Cuando el beb6 Ileg6 a la sale de emergencies, un pediatra to revis6 y deterin6 qua el beb6 estaba saludable y no tenla problemas. EI beb6 fue ubicado con una buena familia, mientras se iniciaban los tramites de adopci6n. Cada reci6n nacido morece una oportunidad de tenor una vida saludable. Si aiguien que usted conoce esti pensando en abandonar a un reci6n nacido, inf6rmele que otras opciones 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 ofthe County, Special Districts and employees 1 All Incidents involving injury to non -employees, however, minor, while on County property (owned m 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 1 Name 2. Addess 3 Age _ (IaetName) (First Name) (Middle Name) If minor, give time of parent or guardian 5 Place of occurrence 4. Sex Male ❑Female (Name ofCoumy F=JiTy. Bldg, Street Nmbe) (City or Town) 6. Location in building (Indetaii: Bldg., Floor, Ro No.) 7 Date of occurrence Hour AM/PM 8. Weather Clear Rain POLICE REPORT []Yes []No POLICE AGENCY REPORTING STATION DEPT #! 9 What was employee doing? 10. What happened? (Describe fully, stating whether injured person fell, was struck, etc.) Give all factors contributing to injury* (ifnewsmy, c txi x on separme shoe) 11 Condition of floor, sidewalk, steps or other physical property or equipment involved: 12 Was there any defect or foreign substance or object involved? If so, describe, 13 If slip and fall: Person's shoes beels NATURE OF INJURY AND PART OF BODY AFFECTED: caps (Type) (Type) 14. Be specific! State which part of body injured, whether right or left, etc. If exact nature of injury is undetermined, give opinion: TREATMENT GIVEN: I5. Was treatment given to the injured person by County Personnel? Type of Treatment: 16. Was ambulance called? Which company 17 Taken to hospital? Which? STATE,STATEWNTS BY INJURED AND WI (Note: Attach additionslpagesifneeded) 18. Statement of injured as to what happened: _ 19. Witness No. 1 Name Address: (Namber) Statement: 20. Witness No. 2: Name: Address: (Number) Statement: (Las Na") (streoU (Car) (las Name) (Pratt Name) (Title) (8ianaaae) By whom? By whom? (FM Name) Telephone: (FM Name) Telephone: Phone' Dept. EXHIBIT 3D anftW) EXHIBIT 3D Exhibit 3D—Franchisee Documentation Item B.6 — INSURANCE AND PERFORMANCE ASSURANCE This item consists of P pages (including this page). Initials:DaWla"d itials: Dated:'JD C FRANC EE COUNTY 0 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. (FranehiseelPrincipag as principal, and Westchester Fire Insurance Company (Surety) as surety, are hell and firmly bound unto the LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS AND COUNTY OF LOS ANGELES, State of California (hereinafter "County'), in the sum of: One Million Forty -sight Thousand One Hundred Fifty and OOH00 Dollars ($1,048,150.00 1 lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, Jointly and severely firmly by these presents. The condition of the above obligation is such that; whereas said principal has been awarded and is about to enter into a written contract with the County for the Exclusive Franchise Agreement for the Ano(s) of Saha Claft Vellev and is required by said County to give this bond in connection with the execution of said contract NOW, THEREFORE, if said principal shag 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 tunes and in the manner specified therein, then this obligation shag be null and void, otherwise 0 shall be and remain in full force and effect. The bond is for the term beginning November 1. 2008 and ending November 1. 2088, 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, shag not in way release either the principal or surety hereunder, nor shag any extensions of the time granted unci a pjovisions of said contract release either the principal or surety WITNESS N W. ; 2DO 8 Inc, Westchester Fire 11muran BY BY ce Company WEly im', *• • 4 .4 Arits ftvrJames BrakkeByIts Its Atlomey-in-FactBy Its By Its P'laspubZONTRACTUeanettelFRANCFUSE AGREEMENTS12W71Franchisee DoculnentalionlECOWERFORMANCE BOND Franchise (7).doc W CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Oram On August 28, 2008 before me, Deborah Prlest•#ieGinn, Notary Public rf. EXHIBIT 3D 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 hetshelthey executed the same in histTleritheir authorized capacity(ies), and that by hisfner/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 ince and coned. WITNESS my and`of/ficial se Signature Pla Nolary Seal Above Signature of Notary Pudic .a t11 a Though the Ldmmathn below is not required by raw, it may prove valuable to persons relying on the document and could pvevent fraudulent remover and reattachment of this form to another document Description of Attached Document Toile or Type of Document Number of Pages: Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: Sgnees Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Tide(s): ❑ Corporate Officer—Title(s): ❑Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Attorney -in -Fad ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other IM ❑ Other 71 Signer is Representing: � Signer is Representing m t'wdb a v+n,c cxerwter= xAll i^'„Vf_ tiw,�,gS,`y�''•.� t M`..,'r \�� .ti'^"�..�;�. �, ✓•v`t�t���h (. IF "'ii `'"'v y4 {`, t�:i< h� .i b Y � £t `�.... a � 8 ? ._. iC RY <4Y �.£F ./w+ A...CF.. .. ... .i _• '` v►�s���ata�xn+ra��� f�24 4WiY�I�.� tr M1d1:. ' `[ EG_ t K: "„I-'�Y (`( • f, T-. .SSSe i 3. f � � 4 �'.. yrt(^� � a v+n,c cxerwter= xAll i^'„Vf_ tiw,�,gS,`y�''•.� t M`..,'r \�� .ti'^"�..�;�. �, ✓•v`t�t���h (. IF "'ii `'"'v y4 {`, t�:i< h� .i b Y � £t `�.... a � 8 ? ._. iC RY <4Y �.£F ./w+ A...CF.. .. ... .i _• ■ ne WK dnW DOCU Off um VARKXA SECURM FE TUM ■ nurwuw TWTAQUWOOwOOUWnW rAMAUMA M ■ 85 4WiY�I�.� tr M1d1:. ' `[ EG_ t K: "„I-'�Y (`( • f, T-. .SSSe i 3. f � � 4 �'.. yrt(^� � _. _ ..�€" .. o ■ ne WK dnW DOCU Off um VARKXA SECURM FE TUM ■ nurwuw TWTAQUWOOwOOUWnW rAMAUMA M ■ 85 r State of California County of EXHIBIT 3D On September 1, 2008before me, Mi1ele V Zamora, Notary Public om Men riven te.m. mo m e. personally appeared Cole Burr w�.rcrmsv.t.r thin instrument and admowJ�ged to me that Wshe/they executed the safne tr(hisber/their authorized capaciry(fes), and that by it iiefteir 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. WITNE my hand and official seal. Signature Qf rmw Pk Wm" S" NEM oariorva ' Though Ore information below is not required by law, it may prove valuable to persons retymg on the document and could prevent fraudulent removal and reattachment of this brm to another document Description of Attached Document Title or Type of Document: Renewable Bond for Faithful Performance K07913229 Document Date: August 29, 2008 Signer(s) Other Than Named Above: Capecity(les) Claimed by Slgner(s) Signers Name: ❑ hidividual ❑ Corporate Officer—Trtle(s): — ❑ Partner —❑ Umited ❑ General ❑ Attorney in Fad ❑ Trustee Cl Guardian or Conservator Signer IS Representing: Signers Nat ❑ Individual ❑ Corporate Offker — Trtle(s): ❑ Partner — ❑ Umited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Signer is Representing: EXHIBIT 3D ACORD_ CERTIFICATE OF LIABILITY INSURANCE gPl a Bi0/14/08 PRODUCBI Alliant Insurance Services, Inc (Lic-OC36861) P O Box 3280 San Bernardino CA 92413-3280 Phone:909-886-9861 Fax:909-886-2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAICR MEWED BQrrAt@ W to I uatri@k, Inc �Fot@a,S�@Cty1¢�pt InsureC FontaLa CAry92339" INSURER A: e�sL 16tNonal ia�psm d LMRS INSURER B: INSURER C: INSURERO INSURER E', M Mwv Cn W W THE POLICIES OF INSURANCE LISTED BROW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE POR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDMON OF ANY CWR CT OR OTHER DOCUMENT WITH RESPECT TO WHOM THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN a SUBJECT TO ALL THE TEAS, EXCLUSIONS AND CONIX DNS OF SUCH POLICIES AGGREGATE UNITS SHOWN NAY HAVE BEEN REDUCED BY PAID CLAIMS LTR N91 TYPE OF NSURANCE POLICY NUUM DA County Of Los Angeles; Dept of LMRS Public Works GENERAL LIABILITY COMMERCIAL GElffRALUABUTY CLAS MADE OCCUR W Alhambra CA 91803 EACH OCCURRENCE M PREMISES Ea occmeege L MED E)P(ATy mepeiwn) f PERSONAL B ADV MLAIRY i GENERAL AGGREGATE I PRODUCTS OOMP/OPAGG I GENL AGGREGATE MR�pLT APPLES PER: POLICY .GCT LOC AUTOMBILE UABLm ANYAUTO ALLOWNEOAUTOS SCHEDILEDAUT03�) HIEDAUTOS NONOWNE) AUTOS COMBINED SNXBLELMT s BODLYIUURY S BOODDLLY I i PROPERTY DAMAGE (PeA ck" S GABOR IUBUITY ANY AUTO AUTOONLY EAACCKMW S CTHERTHANE"ACC AVTOOPLY' AGO S E A rMWMM31A LAM" OCCUR DcuwswDE DEDUC70LE RETENTION $ 71G3000010-081 03/01/08 03/01/09 EACH OCWRF04CE S 2, OOO, OOO AGGREGATE s2p000rO00 B B M YVONO:RS COMPENSATION AND EMPLOYERS' LIABLT'El. ANY PROPPETOR,PAMNER'EXECUUVE tlOFFIRCIERMIEMBER EXCLUDED? BPECIPROVISIONS bdm TORYU Et EACH ACCIDENT i FI DISEASE- EA BFU7YEE S El D19EAEE-POUCYIMR S OTHER DE9CePTIoN of omwoow I LOCATIONS VEHICI f EXCLUNONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS Re: The exclusive franchise agreement for the area of Santa Clarita Valley. County 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 nonpayment of premium. XX -LTR Null 6 Voids prior certificate issued 10/13/08 a`1ML�RlI F, -I M.cnlrww� _ _ _ C-OUL022 SHDLLO ANY OF THE ABOVE DIESCRaED POLICIES BE CANCELLED BEFORE THE EXPIRATION Elizabeth Norris DATETHEREOF,THEBSuNCIN9WERWLL=osAIL 30* DAYS WRITTEN County Of Los Angeles; Dept of - NOTICE TO THE CERTIMAT11 HOLDER MINED TOTHE LEFT, Public Works 900 S. Fremont Ave Annex 3rd F Alhambra CA 91803 AT mo EXHIBIT 3D mamea 1U&UreU 4: .- Aqua Manse MRF, LLC AVCO Disposal, Inc Burr Group LP Burr Girls LLC Burr Group, Inc EDCO Disposal Corp (but only as Burr Properties, G.P. name) Burrline LLC Edward G. Burr, Sandra L. Burr, Burrtac Environmental, LLC and Burr Properties: 9910, 9934, Burrtec Recovery 6 Transfer, LLC Fontana, CA and 17000 Abbey Lane, Burrtec Waste Group, Inc- acres), and 16997 Abbey Lane, Victorville California Burrtec Waste Industries, Inc. (formerly PSP Haste Services, Inc 3 Burrtec Waste Industries, Inc. DBA: Ague Mans& Recycling G Transfer Cc Burrtec Waste Industries, Inc. DBA: Burrtec Recycling 4 Transfer Cc Burrtec Waste Industries, Inc. DBA: Burrtec Recycling Center Burrtec Haste Industries, Inc. DBA: Inland Empire Recycling Burrtec Haste 4 Recycling Services, LLC Burrtec Waste Services, LLC Lucerne Valley Disposal, Inc 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 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, Victorville California Edom Sill Transfer Station Empire Disposal, LLC Fontana Rubbish Collectors, Inc Jack's Disposal Service, Inc Kaiser 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 name) 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 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) TECM&C Maintenance Enterprise, Inc Tracy A_ Burr, individually and as Trustee of the Burr Family Trust Tri -County Disposal, Inc FOR4 Named Insured Cont. Tri -County Disposal, Inc DBA: Gary vehicles registered in this name) Universal Waste System (but only as this uses) Victor Valley MRF Victorville Disposal, Inc Nest Valley NRF, LLC Nest Valley Recycling and Transfer, Yucaipa Disposal, Inc Yukon Disposal s Disposal (but only as respects to respects to vehicles registered in Inc EXHIBIT 3D EXHIBIT 3D y, Policy No: 1260408 Policy Effective Date: 03/01/08 EXHIBIT 3D COMMERCIAL AUTO CA 99 48 03 W 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 following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Witt rasped to coverage provided by this endorsement, the provisions of the Coverage Form apply unless mo& fled by the sndorsemem. A. Liability Coverage is changed as follows: 1. Paragraph a. of the Pollution Exclusion ap- plies only to liability assumed under a contact or agreement. Z With respell to the coverage afforded by Para- graph A.I. above, Exclusion B.B. Cars. Cus- tody Or Control does riot apply. B. Changes In Definitions For the Purposes of this endorsement Paragraph D. of the Deflni iol Section is replaced by the rdbwing: D. •Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or stabRory or regulatory requirement that any'inswed" or diners test formonitor, dean up, remove. contain, treat. deroxffy or neutralize, or in any way respond to, or assess the effects of "potutams": or L Anry claim or "suiC by or on behalf of a gov- ernmental authority for damages because of testing for. monitoring, clearing map, remov- ing, containing, teaeng, detoxirying or neu- traf¢ing, or in any way responding to or as- sessing the effects of'poO dwW "Covered Pollution cost or expense" does not Include any cost or expense arising ora of the actual, alleged or threatened discharge. disper- sal, seepage, migration, release or escape of .po0utants•. a. Before the "pollutants' or any Property in which the "PotuWW are contained are moved from tlne place where they are accepted by the "haired• for movement into or onto the covered 9uto^ or b. After the "poUutanta' or any Property in which the 'polkdants' are contained are moved from the covered "auto• to the place where they aro 1ihalty delivered, disposed of or abandoned by the in- sured" Paragraphs a. and Ik above do not apply to •acclderW that occur away from premises owned by or rented to an Insured" with ra- sped to "polutarW not in or upon a cov- ered'auW it (1) The "pollutants" or any property in which the Wlub W are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto": and (2) The discharge, dispersal. seepage. migration, release or escape of the "pollut&W is caused directly by such upset, overtum or damage. CA 99 48 03 08 *ISO Properties, Inc.: 2005 Page 1 of 1 O 4 ACORD_ CERTIFICATE OF LIABILITY INSURANCE DATE Ojwl3ITYYY) 0 �SURroRT 2 10 13 8 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Alliant Insurance Services , inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE (Lic-OC36861) HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O Sox 3280 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Bernardino CA 92413-3280 Phone:909-886-9861 Fax:909-886-2013 . INSURERS AFFORDING COVERAGE NAIC0 Surrtec Waste Industries, Inc I1sUREHC: 6 Nex Sea In Notes Section Addn'l Named insured KSJRERNeIN 9890 Fontana ry9Avenue INSURER D: 2335 INSURER E: T.uYCNTwvca THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAA® ABOVE FOR THE POLICY PER OD INDICATED NOTWITHSTANDING ANY REOUI RESENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LBBTS SHOWN ANY HAVE BEEN REDUCED BY PAID CLAIMS, LTR A X TYPE OF INSURANCE GENERAL LIABILITY X COAeERaALGENERAL LIABILITY CLAW MADE ® OCCUR POLICY NUMBER 1260408 OA MV 03/01/08 DATE 03/01/09 L' LM EACH OCCURRENCE S l r OOO r 000 PREMISES Eeoe wm $ 300,000 MED EXP (My ale pemm) $ Excluded PERSONAL S AOV INJURY 51,0001000 GENERAL AGGREGATE s2,000,000 PRODUCTS CAAWIOP AGG s2,000,000 GENL AGGREGATE LIMIT APPLES PER POLICY .JIECT X IAC B AUTOMOBILE LNBILTTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CA5456148 03/01/08 03/01/09 CO SINGLE LIMIT (ED acwwO 5 3 , 000 , 000 X BODILY IhUURY (Por pa"I) $ BODILY INJURY (Per*=dIrt) $ (tea $ is A LIABBRY ANY AUTO AUTO ONLY -EAACCIDENT f OTHER TNN EAACC AUTO OILY- AGG f S 0=69AAAMMU A LIT T OCCUR-] CLAIMS MADE DEDUCTIBLE RE'BJTiON S EACH OCCURRENCE f_ AGGREGATE f S S f C WORKERS COMPENSATION AND EfPLOYERVLIABLITY SECLOf i OXUU SPECIAL desoribe m NS eNOI. PRCMSIO WC1894400 03/01/08 03/01/09 X TORY La1ff3 fR E.L EACH ACCIDENT $1,0000000 EL DISEASE- EA EMPLOYEE S S , 000 r 000 E.L DW.ASE POUCY UMIT 171,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATDNS I VEHICLES U EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Rei The exclusive franchise agreement for the area of Santa Clarita Valley. County of LAr 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, **SHE ATTACHED NOTES** IrCI{ I ICNn I G nVlvcr� COULO-O Elizabeth Morris M40ULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED THE TEXPIRATIO OATEYEREOF- THE ISSUING INSURER WILL �/RANALL 30* mAYSYR=m County of Los Angeles; Dept NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. of Public WorksOno 900 S. Fremont Ave Annex 3rd Alhambra CA 91803 RErRE.s�rA wrnen rn0°IY�ATnM 10RR ACORD 25(2007/06) 92 wa. PAGE 2 DATE 10/13/08 Named Insured Coat - Ague Hansa MRF, LLC AVCO Disposal, Inc Burr Group LP Burr Group, Inc. Burr Properties, G.P Burrline LLC Burrtec Environmental, LLC Burrtac Recovery & Transfer, LLC Surrtec Waste Group, Inc. Surrtec Waste Industries, Inc. (formerly PSP Waste Services, Inc.) Surrtec Waste Industries, Inc. DBA: Agra Mansa Recycling & Transfer Co. Burrtec Waste Industries, Inc. DBA: Burrtec Recycling & Transfer Co. Burrtac Waste Industries, Inc. DBA: Burrtec Recycling Center Burrtec Waste Industries, Inc. DBA: Inland Empire Recycling Burrtec Waste & Recycling Services, LLC Burrtec 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 EDCO 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, Victorville California Edom Hill Transfer Station Empire Disposal, LLC Foutana Rubbish Collectors, Inc Jack'a Disposal Service, Inc. Kaiser Recycling Corporation Lake Arrowhead Disposal Lucerne Valley Disposal, Inc Mark's Disposal - a division of Named Insured Cont. - Monarch Construction Sarvices, registered in their name) Monarch Concrete Washout, Inc in their name) Monte Vista Disposal, Inc Mountain Disposal Burrtsc Waste Industries, Inc. Inc. (but only as respects vehicles (but only as respects vehicles registered Horcal/San Bernardino (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 (but only as respects to vehicles registered in this name) 419 NOTEPAD: B, G P,13 3 wsuR�sw�rE Barrtaa soar. *s�+s*^es, Tww. �m 14G GATE 10/13/Oe Named Insured Cont. - Universal Waste System this name) victor Valley MF Victorville Disposal, West Valley M"r LLC West valley Recycling Yucaipa Disposal, Inc Yukon Disposal Burr Girls LLC (but only as respects to vehicles registered in Inc. and Transfer, Inc NOTEPAD: . Waste Induatrfee, Inc, CP 2 DATE 10/1133/09 Aggregate Ded $2,000,000; Pollution Limb Applies per 699480306 for all activities arising from this Agreement; General Liab SIR $100,000 each occurrence; Workers' Compensation Bodily Injury by Accident: $250,000 Ded each occurrence, Bodily injury By Disease $250,000 Ded each claim, All Covered Bodily Injury $3,000,000 Dad policy aggregate. *30 day H O C except 10 day for non-payment of premium. f8-LTA Hull 6 Voids prior certificate issued 10/13/08. 95 EXHIBIT 3D AAAM# 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 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, �alog Authorize,(ignature Date KG Alhanr Insurance Services, Inc • 2131 Elks Drive • Suite 200 • San Bernardino, CA 92404-5572 PHONE (909) 886-9861 • %xw.alhancinsurancc-cont • license No. OC36861 96 EXHIBIT 3D A41/iant 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: 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, dj*K D(t0 DK AUthori ignature KG Alliant Insurance Services, Inc. • 2131 Elks Drive • Suae 200 • San Bernardino, CA 92404-5572 >ttuvr (909) 886-9861 • www.alliantinsutance.mm • License No. OC36961 97 EXHIBIT 3D A411iant 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, 1 w�i Authorizedi nature Date KG Alliant Insurance Services, Inc v 2131 Elks Drive • Suite 200 • San Bernardino, CA 92404-5572 MONT. (909) 886-9861 • uww alliantinsurance corn • License No. OC36861 98 EXHIBIT 3D ENDORSEMENT This rdofaemenC Otf*tdve 1201 AM 03101/2008 Forma a Part of pogoy no.: 12610408 '*sued b: BURRTEC WASTE INDUSTRIES, INC BY: LEXINGTON 1NSURAIICE CORPANY THIS ENDORSEMENT CHANCES THE POLICY- PLEASE READ IT CAREFULLY. ADDITIONAL INSURED REQUIRED BY WRITTEN CONTRACT A. Section d WAso Is An Insured is anw ded or 4. The inmw,nc. 0l ki any parson or rgafxradon you are re- Providednot b Stich n rpaad b MIUCIO as an add ionW wmjmd on addltiorral irlrwsd dose not apply m 'bodily dtia policy by a vaimtn comract ar wnnanor 'property damagaw arising out of afgsemrrs in effect dunrg tflis an arefuasctb. enpnearb or stavwyrw's POEry Period lendslondening of or fsdva and executed prior b the omcur er w of the fessionlel service* b rsn�r any pro- 'bodily kiFW' or 'Property damage.' fig: B. The insurance Provided to d1a above downbed additional ircured under this endorsamem u 6nnitd as mdoaa: 1. COVERAGE A BODILY INJURY AND PROPERTY DAMAGE (Secoon 1 Coverages) Indy. 2 The parson or mgt stion n only an d. ditnd inured wilds respect to liability arising put d 'yow wank• m 'you pro- duct for IMt additional knotted. i In the even that the Limits of to wrnce Provided by dila Poky emeed Vee Lkmt of alslwancs required by the wskten contract or wiatn agraerna , Uta nslwanw pre. vides) by des sndorse wy shad be tnhed to " Limits of ftel wrce required by tits witmn contract Or vaittn agreement 1Nvs erdotsemom shag not n gado the Limit of huuwcs stated n gts DeWrelions under hem 3. Lkmm of klsuance pertaining to 1116 covsrage provided hreim I The Plowing, approving or failing m prepare or approve maps, Shop dray. rola. W'Ons, report, staveYS, field orders. change orders, or dravwngs and specifications; and I Supervisory, nsPectbn, archimeewel or sn*gig scIlvidas. TWO Insurance does not apply b 'boday w*JrV* Of *OrgmV damage' arising ou of 'Your work' or 'yotw Product it a dad in the 'PM61-105'crnplstad operabrls hazard' uses You are MWaed to provide such Coverage by mkorn coneaot or vrftrn ayesmem and Alen arty fpr iM pend of tem mowed by the w Alan contract or wriden agreement and n no avert beyond tiro expraton dem of dna pony. aMudea metrial," kdowafee or are lewvsnee aervkn• galena, lne. LlOada 1 ta4il Wo ler pnrrNnrierr. AN Atbb "r d. Pate 1 of 2 0. Arlo towrope provided by this endorse- ment to an additonai insured shall be excess over wry other void and coEacEbe insurance available to tw addtlonal insured W»thw Primary. excess, condngent or on wry Peter basis union a widen commet or w>bn OW"marlt specifically requires that this nivwtca apply on a primary w rent-cunrbutory basis. C. Subparweph 0)(a) of the Poiueon erdusion Paragraph 2E, Exclusion of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LLAB0.rTY (Secton 1 Coverages) does not apply to You if eq "bod"y irtjlury' or ePmpwty damage' arises out of 'Your work' u 'yolr Produce porbrmad on premise- W1ich am owned OF rensd by du ad*dWW insured at dw sna "yrs wilt' or "Your produce is per- formed. oo-formed. EXHIBIT 3D D- In accordance vrth dm corms aid conditions of die Pobcy and es mora fully exptamed n the Percy, ss soup as Practicable. each additional wsumd r t " us Prompt notice of shy 'ocaamrp' Mtrich may resuh n a cLaim, br%wd all legal papers b us. cooperate in the deleme Of arty actions. and odheraise comply .xtdh all Of dw Pobcys terms and conditions. Aul horlted Representadve OR Counterskrupl um an states wham applicablel IockWas top. *10 d intmmNioa of ar Mrwaaee aervk" Onacas, IaC Wal ib pormiszi . AN rigbs reaerrad. 100 Page 2 or 2 Policy No: 1260408 Policy Effective Date: 03/01/08 EXHIBIT 3D COMMERCIAL AUTO CA 99 41103 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 following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respell In coverage provided by Des endorsement, the provisions of the Coverage Form apply unless mod4 fled by the endorsement A. Llabisty Coverage is changed as follows: 1. Paragraph a, of the Pollution Exclusion 30 - pass only to liability assumed under a 0MV4 f or age 2. WM reaped to the coverage afforded by Para- graph A.I. above, Exclusion 8.0, Care, Cus- tody Or Control does rat apply. 8. Changes in DaRnt6ars For the purposes of this endorsement. Paragraph D. of the Definitions Section is replaced by the following: D. 'Covered pollution cost or expense" means arty cost or expense arising out of: 1. Arty request, demand. order or statutory or regulatory requirement Haat any *Insured' or others test for, monitor, dean up, remove, contain, treat detoxify or nsubafze, or in any way respond to, or assess the effects of "pollutants". or Z Arty claim or "aair by or on behaff of a gov- ernmental arer mental authority for damages because of testing for, monitoa+g. cleaning rpt renav- mg, containing, treating, deloxityvig or neu- "iring, or in any way responding to or as- sessing the effects of "Pollutants' "Covered pollution cost or expense' does not include arty cost or expense arising out of rha actual, alleged or tlrceatened discharge, diaper - Sal, seepage. migration, release or escape of "polluwitsi a. Before the'po&Mnts" or any property in whirdr the 'pollutants' aro contained are nerved from the place where they are accepted by tiN 'insureds for movement into or onto to cowed 'auto"' or IL After the "poWdanta' or any property in Mich the 'pollutants' are contained are moved from the covered 'auto" to lite place where they are firmly delivered. disposed of or abandoned by the In. sured" Paragraphs a. and b6 above do not apply to 'acadw fs' that occur away from premises awned by or rented to an 'insured" with ra- sped to 'pofutants' not in or upon a cov- ered "auto" it. (1) The "pollutants" or any property in which the "pclkdarits' are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "aura^ and (2) The diselwge. dispersal. seepage. migration, release or escape of the "pofutards' is caused directly by such upset, overturn or damage. CA 99 40 03 06 ® ISO Properties, Inc., 2005 Page 1 of 1 O 101 Exhibit 3D — Franchisee Documentation Item S.7 — INTERNAL REVENUE SERVICE NOTICE 1015 This item consists of o` pages (including this page). Initials: Dated. pals: --FAP, Dated: g 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 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 Form W-2 is not required, you must notify the employee by February 7, 2006. 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 1-800-829-3676. 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 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 $625 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. Notice 1015 tom. 12-2oo7) Cat. No. 205991 Exhibit 3D — Franchisee Documentation Item B.8 — FRANCHISEE'S EEO CERTIFICATION (FORM PW -'n This item consists of A pages (including this page). initials: Dated/A[gt_"`} initials: +7k4k FRANCHISEE COUNTY 104 EXHIBIT 3D 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. 116327! 3! T17f5� PROPOSER'S EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION rruposftes Nene salfleo Wastc Industries. Ad.ia % 9_699 Cherry Ave, Fontana- CA 92335 imnrs+Rsw�ue Beevor E�plyrm tdenw"wn""�hw 95-3398812 _ In aaxrdanee with Los Angeles County Code Section 4.32.010, the Proposer certifies and agrees that all persons employed by it its athtates. subsidiaries, or holding companies are and will be treated equally by the firm without mgara to or because of rate religion, ancestry, national origin, or sex and in Compliance with all anti-d:scrlir radon laws of the United Slates of America and the State of Catifomte. 1 The prapeser has a wrluen policy staitsrrterd prohibding any hasdesrsinlnabon in ® YES #11 phases of empioyrnant. 0 No 2. The proposer periodically conducts a self-analysis or utaiZalipn analysis of YES its wont force 1Q NO 3 Ti -c proposer has a system for determining it as employment practices are Gil YES � discrimmatory agamst proteeted groups. 0 NO 4. %Mere problem areas are klenfified in employment practices, the proposer ® YES i Pitts a system for taking reasonable camective action to incl ide estabrwhment of goals and tvnetabuss. 4s2007 105 10:611-311 ACED Exhibit 3D — Franchisee Documentation Item B.9 — WASTE DIVERSION PROGRAM, INCLUDING CUSTOMER RECYCLING AND SAFE DISPOSAL EDUCATION PROGRAM This item consists of o pages (including this page). Initials: Dated/'j,;/79/DR' Initials -FIAP Dated: 10 30 C� FRA14CHISEE COUNTY 106 BVRRTEC 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 3'd through November 7"' and the containers will be removed. Cart Size or Service Changes Beginning December 1s`, 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 recoleccibn de basura an 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 seran entregados a partir del 25 de Septiembre de 2008, concluyendo el dia 31 de octubre de 2008 (vea el lado inverso de esta pagina). Clientes de Waste Management Republic v Advantage Disposal Los carritos y contenedores actuales ser6n recogidos en el momento qua 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 usar los carritos nuevos de Burrtec una vez que los reciba. Su servicio actual de recoleccibn de basura continuara recogiendo la basura con sus carritos nuevos hasta el 31 de octubre. Contenedores que le pertenecen al cliente Burrtec puede disponer de sus contenedores personales. Simplemente colbquelos bora 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, Burrtec comenzara 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 �(D O U U) 1. cu L cu U cu -i—+ /cu 0 1 EXHIBIT 3D R u o \6 v s� mac`] yF -cts Cts C C - o'CT 0 1 EXHIBIT 3D R u o \6 v s� mac`] yF -cts Cts C C - o'CT 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, CAON Pr'M " i " Friday. September 19 - 7 um Castaic Sports Complex 31230 N. Castaic Rd. App Castaic, CA Toe 00 Saturday, September 20 -10 am ksvr 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. ••ur•u r� � ofu^ 1-866-270-5370 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 3rd 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 866-270-5370 Sincerely, Burrtec Waste Industries °We'll Take Care Of It" 16000 SpringbrookAve . Suite ]Ole Saugus, CA 91350 &866-270-5370@ FAX 661-111-7876 110 EXHIBIT 3D BURRTEC WASTE INDUSTRIES, INC, "We'll Take Care Of It" Estimado Cliente Burrtec Waste Industries se complace en anunciar qua a partir del Lunes, 3 de noviembre de 2008, comenzaremos a proveer los servicios automatizados de recolecci6n de basura y reciclaje en su comunidad para todas las viviendas an las areas no incorporadas del Condado de Los Angeles de una o dos unidades en el Valle de Santa Clarita. Este nuevo programa de servicio as 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 servicios incluiran tres nuevos carritos de 95 galones: un carrito negro para la basura del hogar, un carrito azul para los reciclables y un carnto verde para los desechos verdes Carritos de color caf6 de 65 galones pare el esti6rcol (bohiga) son opcionales por un cobro adicional. Como cliente de Burrtec usted tambien tiene el derecho de solicitar dos recolecciones de articulos voluminosos sada ano. Residentes de edad mayor pueden calificar para recibir un descuento de 25% si cumplen con el criterio. Para mas 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 recolecci6n de combustible altemativo de bajas emisiones para ayudar a rebajar la contaminaci6n ambiental en su comunidad. Burrtec, junto con el Departamento de Obras Publicas del Condado de Los Angeles distribuira materiales educativos sobre la importancia de reciclar y cumplir con los mandatos del estado para el desvio de los desechos Carritos nuevos seran entregados a partir del 25 de septembre de 2008 y concluyendo el 31 de Octubre de 2008- A partir del 3 de noviembre, Burrtec comenzara a proveer mantenimiento y servicio a estos carritos bajo un contrato de franguicia nuevo Su dia de recolecci6n pods cambiar an el mes de Noviembre. Por favor vea el horario de recolecci6n con mapa incluido para su dia de servicio. Tarjetas postales confirmando su die de recolecc16n seran enviadas por oorreo antes del 3 de noviembre Burrtec as una compania familiar de recolecci6n de desechos y reciclables 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 me)or an la recolecci6n de desechos s6lidos a las comunidades qua servimos. Si tiene alguna pregunta o inquietud, por favor llamenos a nuestra linea gratuita a 1-866-270-5370 Atentamente, Burrtec Waste Industries "Nosotros nos encargaremos" 26000 SpringbrookAve., Suite 101 • Saugus, CA 91350 •866-170-5370 • FAX 661-112-7876 1PIT 3D o i.+Zo a0i�som r�r9 pO n �3 lS 25 'o Y O b b m e a a ,..I d w Of J 1&0 ch ii cin' r3 m ►imr= Rlm Nrn� Iiia e. 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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 65lbs. Please call our Customer Service Department at 909.822.9739 for more information. Acceptable green waste material Grass clippings Leaves Tree trimmings Brush Prumngs 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 corner 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. 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 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 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 items at no charge: television sets, computer monitors, motor oi. - a filters, antifreeze, weed IdNers, pesticides, paints, household cleaners, solvents, fertilizers, 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 Bun tec trash bill. Hours: Saturday — Sam to 12 noon (Closed holiday kends) 16454 Orange Way. Fontana. CA 92335 ;.:R.,Fbro'F s'1iT i 5S t ,:AJ, �cw:T'ig s r Z Telefonos de.Servidois a1 Publico Burr-tec Waste Parques de to Ciudad 909.822.9739 909.4287275 Coleccion deAceiOe Rem imiento de Graffiti 909.3505389 iy ., , Ageyenas en Ia � ._ "' _ Dompeu'n 909350 67b0 � J Basura Verde La colecci6n de desecho verde es proporcionada usando su barril de 65 galones. Todo el material debe ser colocado en el contenedor. Boisas de papel o plastico no son aceptables. Los adornos de arbol y las ramas tambien pueden ser colocadas en su banqueta en bultos atados no mas grandes de 4 pies en longitud y 2 pies en diametro y menos de 6S libras. Por favor flame a nuestro Departamento de Servicio al Cliente al 909.822.9739 para mas information. Material de desecho verde aeeptable Recortes de hierba Pequenas ramas Adornos de Arbol Hojas Podas Cepillo Hierbajos Adomos de arbusto Ramitas Material no aceptable Desperdido de animal Nopa I Tierra Desperdioos de comida Hojas de palma Piedras Hormig6n Ave de paraiso Recordatorio En el dia de coleod6n, favor de poner sus barriles en la calie pegado a la banquela o cerca del Camino de entrada de mdies. Los bamiles deben de tener las agarraderas hada su rasa. Los barriles necesitan de estar por to menos dos pies de rebrado de cualquier obstucd6n, ya sea cercos, buzones o carros. 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 ciudad, barriles no se pueden quedar en la Calle mas de 24 horns antes o 12 horas despues de su dia de servido. Articulos Grandes dEsb reemplazando un sofa viejo, calent6n de agua, o refrigerador y no sabe que hacpr con el? Wdso ms nos ancargaremos de esol Los residentes pueden solictar hasty dos colecdones de articulos grandes durante un periodo de 12 meses. Umite de dnco articulos por odecd6n. Este programa es GRATIS y es diseMdo para su convenienda. Por favor p6n9ase en contacto con nuestro Departamento de Servicio at Cliente una semana antes de su dia de coleod6n para arreglar la remgida. x:1211:11100 Consejos de Redclaje La sigulente es una lista de articulos que deben ser incluidos en su barril de reciclaje: • Las latas de aerosol (deben esti- compietamente vacias) • Las latas de aluminio (por favor no las aplaste) • Folletos • Cartulina • Portador de bebida de cartulina • Las cajas de cereal(quiten elforro de papel) • Papel de computadora • Cupones • Botellas/tarros de cristal • Botellas cosmeticas de cristal • Propaganda • Botellas de lavandena • Papel de libro de contabilidad • Revistas • Ganchos de ropa de metal • Peri6dico • Papel • Tubos de papel • Guias telef6nicas • Cajas de pizza • Botes plasticos de leche • Botellas de plastico #1 - #7 • Latas de estano • Cajas de Kleenex • Sobres usados • Papel de envolver La lista siempre sigue creciendo asi que este al pendiente de ma's articulos en el futuro y sientase libre de Ilamar a nuestro Departamento de Servicio al Cliente con cualquier pregunta. 4 Coleccion de Materiales Peligrosos de Casa La facilidad de Colecdo'nes Materiales Pel'grosos de Casa de la ciudad de Fontana acepta los siguintes arbdos sin costo: tefevisia , monitores de computadoras, aceite de carros y filtros, anticongelar pesticidas, pinturas, limpiadores de Casa, solventes, fertilizantes, baterias y otros articulos que pueden ser un riesgo al ambiento. Residentes tienen que ensenar su factura de Burrtec. Horas: SAbado - 8am a 12 medio dia (Cerrado finesl�j semana de fiestivos) 16454 Oranoe P2ay. Fontana. CA 92335 EXHIBIT 3D Holiday schedule Reminder As a reminder, Burrtec Waste Services observes the following holidays: Christmas Day New Year's Day Memorial Day July 4th When the holiday falls on a weekday, collections for the remainder of the week will be delayed by one day. Burrtec Waste Services (626) 932-1558 October 199 20, & 21, 2006 8:00 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 Bu n+zc will supervise the disposal site. Please be prepared to provide proof of residency (your Burrtec bill works gread) 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 gift boxes, wrapping paper, greeting 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. 12-1 - — - T" al time of year iends together ay season we 1 t7 , ` LSC d your family cj21'itsn-n&s T£C' (Coflectlon 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 tra511 COntarnPre nn vn„r regular collection i Trees over 6' need to be cut in half Please take all ornaments and metal 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.M. Phone: (626) 932-1558 ADDRESS: 1017 W Gladstone Azusa \ y����` C_r� ` L:.t'7`\.'1�. On collection day, please place your containers in the street, at the curb, or near the corner of your driveway. Barrels should have the handles toward your home. The barrels need to be placed at least 2 feet away from anyobsttucdon 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 �t trimmings and branches may g also be placed at curbside in tied bundles no larger than 4ft 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 Prunings Shrub trimmings 'seeds Twigs 311 branches Non -acceptable material Animal waste Dirt Palm fronds Concrete Cactus Food waste Rock Bird of Paradise EXHIBIT 3D Tl-. i.4 lD(_i Cle c3nup We offer 3 -yard to 40 -yard containers for residential cleanups and special projects. Please call our Customer =1Service Department at (626) 932-1558 for more information. Ri'_cyclliig 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 bottles 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 Junk mail` r 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? Well take care of. 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 collectid$ilay to arrange pickup. „,AWd.9n 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 CustomerRecyclables 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 *:1:11=1111501 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. Buntec 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 x:1:11 -31103x] 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 cornmunity 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. Shams 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 EXHIBIT 3D GREEN WASTE ONLY 1 DESECHOS VERDES SOLAMENTE ACCEPTABLEACEPTABLE: NOTACCEPTA%EMO ACEPTABLE: Lanai Hope Cmswcbm Dbkin Emombn do Cantrvcam Gan Clofti Porto % DiNTNm Binmkm t `"1 Gmb&OSam PBlmT2Tn m gS1 Reartea de PelwnawNakNor SmdpyyAy� Palm Frm811 Hope de PalmP,aa Tat Trmming Retake de Arboks Canoe, RDekN PledrN NO IIAIADOOUE,UgWDOR BfOiNONCWASTE PinficCadvil P pWBd PapN NO BE PERmIF DESECHDS TOKM. PBYRLOSOS YUQINDDS AnaPkmr9ode Annal Wor iEsoir Animal WalefESHacd deAnanel Fm Mm trhmaboe AW hn*dkpofa efHoaFehdd Han*w WsN KAITW MR Pan mm inrmo Mdodbedws domsaws pdiamm Pmhem)INN a: 148WZLEANa 11 RECYCLABLES ONLY to ACOTAMAMABU RECICUBLES SOLAMENTE p�lpa� QC Q=y I Alluddmmm and Metal I Cas Utas de AWlaieia de Metal "cNsaBe Amamd C1106004 And WaSWBodkJ11rF awliar in wcn ah01111 JnmdDwm ' CardboardCaRon NO HAZARDOUS, 11QUDOR DFCTRDK WASTE a PlasticBottlesl DESECHDSTOM, PRLROSOSYUQUIDOSNOSSW RECOLECTADOS BotetlasdoPlastico FaWaelifomilimabadhntodNmdflmsMhatmdomWMiWealUU IDlassh{Nkio PNemasadwwmdodwelondasesbcsWiprosespufWaUartdN 1481 M4A Yk;ll;i )TIL.... jr. Ad a GalbagPJBasnra a Flldds1iquidos a Battoriessatelias DiaperslPalialos a linea WastoOesedlos Verdes TRASH ONLY/BASURA SOLAMENTE ACCEPTABLEIACEPTABLE Palm Frouds0ojas de Palmeras Normal Household WastelDesechos Domeslicos Normal Animal WastelDesechos de Ani nal NOT ACCEPTABLEMOACEPTABLE Rocks, D'eUP•iedras, Tlemo Green Wasia Dewhos Verdes RecyclableslRecklables ConcretelConcreto Construction Deb ilslResiduos de Construcci6n `Hazardous WastaNksechos PeTrgrosos THE FOLLOWING HAZARDOUS WASTE NATSUALS ARE NOT ACCEPTABLE: •pirNreen, Hemehdd Ckanem, Nww 01 Pa Thime5 Pants, Latex w oB-bad) FOR WORE INFORMATION ABOU7 NOUSMLO HAZARDOUS WASTE MATERIALS CALL 11818) CLEAN LA BESECHOS PELIGROSOS DONFSTICOS NCLUYE TODD LO CLASffMADO COMO TOYJCO. FLANFBLE OR IRWANTE qA wnaetantm, Ugwdm pan Limpieaa Dmnesdcoa Amore de Aubmdailm. Oauyenh de Ptrdun, Pmtwat litexy a base de ace -ft) PARA NAS INFORMACION DE DESECHOS DOMES11COS PELIGROSOS POR FAVOR LIANE 0.11181) CLEAN LA To Repmst Repucwllenl wdl«Addtional Conummit) Contact Bwruc Iia 3259117 Two Reemplaw ylo pePo BotelslAdkionalm ULa : BmAee (80%915917 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: Dated/j ginitials:-F�A Dated: IQ W 06 FRANCHISEE COUNTY 129 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 C�tials:_ Dazed: 1l� 30 F CHISEE COUNTY 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. 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 Rehrig, carts will be manufactured and supplied to Burrtec. Residential Carts The information for the cart manufacturerlvendor is listed below Rehrig Pacific Company Blair Chastain 4010 East 26" 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 3777 Da F0rQvt Cirdit Hiro Lomaa. CA 91752 Ahane951-685-3455 Fax SSI&SW2780 m suff eC White tndau9mes am chm" Awrla Faataea, CA *:t= ATflh OOUI t1URR EXHIBIT 3D INVOICE INfvOIC! N 32609 DATE: MARCH 267 2000 POMC AMOUNT NEW 2W6 ACKOGR WU411H ,VIM As SKTC6IEwl"611 YIN. a SYMOREMMa37613 VIM l S+LT"IAHM7614 s1Y l SYCECAL£364,29761S VIM a SYCDc5uW 767616 YYI a SwCOCKE"N M7617 va ! T/COC6Loma976:.a ISH A SYCDC&ECM4(17619 JM • SVC3C6LE7a1RD7620 Thunk yom ter your 6Nat14Yat 133 AMOUNT CASH Pk" 2006 W1t~ 51 ' STA X FM LICE� PURCHASE ORDER 9 L3MV TERMS/ MM HAV 3W . 2009 1% C)=OUflT IF PAM 97 AMM V*r 200: -c*u Thunk yom ter your 6Nat14Yat 133 r w w 3777 De Forest Circle Wre Lams, CA 91752 Phone 951w685-3456 Fax 951-685-2788 m Surrtec Wooe Industries one chonv A"now raRtsm& u suss ATnrr axe susR PM NEW 2=MODCAR WXF64 5-M 60U M4 Y1N f SYCDC6L r9Q07671 EXHIBIT 3D INVOICE INVOICE ,# 207621 DAT9: 5/19/06 Make aN dWkgDaYaok to Drr wgW Trude O"w A Ta rn r *tf Guests cpr ""g jus #Mm o wF jk** V*uk6 951 -US -3456 Thank YOU lar Your bUslnml Awora+r � y� otSx vRE[E ?D0/ wxR6+ AVTDGLR i FEDERAL excm wM TAX DDC FEE LICENSE FEE `r TOTAL Make aN dWkgDaYaok to Drr wgW Trude O"w A Ta rn r *tf Guests cpr ""g jus #Mm o wF jk** V*uk6 951 -US -3456 Thank YOU lar Your bUslnml EXHIBIT 3D DIVERSIFIED TRUCK CENTER INV©ICE ,4777 De Forest Circle 141 a alma, CA 91752 phone 951-685-3456 Fax 951-M5-2786 INVOICE * 207824 DATE: 5/21/08 CASH PR= zm wvm ILVPOCiA FED MI DOSE w4as TAX Doc F[E L a#M FEZ 135 Me 10: NEW wx KIVOCAR w) A64 6urrtac Witty Industrret STOCK ROMADIP "M cbm" Aeemn VIN i SVCQC6LI46N20MN renteewCt VMS Aran Oms WRIT CASH PR= zm wvm ILVPOCiA FED MI DOSE w4as TAX Doc F[E L a#M FEZ 135 DIVERSIFIED TRUCK CENTER 3777 De Forest Orde Mira Lorna, CA 91752 Phone 951-b85-3456 Pax 951-685-2758 M 8urrm Waste Industries ramc%CA 92M ATM CAI.! vim EXHIBIT 3D INVOICE INVAICE # 247623 D4TEI 9/21/08 oe9alsrrial AM4u" CAW FR&E 2M WWA4 AUrV.*A r�ERA� VOSE SALES rax _ [DOC FEE II ThOok "u for VOW buMNGW 136 *7:11:11AciC .,_ n . I1: I1Z7)7E:Izs - mwivigu RE: IosAngeles County FFancUse Areas - Santa Clar#a 10771c !AT`A -.;. • Pwffic Couqmy bas produced Wroxitnately 10,000 of the 57,400 total carts. Ili «: JIM jilio; 4010EAST2dbST.9 WSANGELES.CAUF 9=1323 -M -51e.5 • FAX 823.28"M QUALITY CONTAINERS FOR INDUSTRY SINCE 1913 137 c 17r5OO Blark 900 :11 Black H Blue 900 Blue ?11 Blue H Green :11 811 ii_e 11 Brown -.;. • Pwffic Couqmy bas produced Wroxitnately 10,000 of the 57,400 total carts. Ili «: JIM jilio; 4010EAST2dbST.9 WSANGELES.CAUF 9=1323 -M -51e.5 • FAX 823.28"M QUALITY 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. _Dated���lInitials: �iyl 12 Dated. 10 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 iBI:3 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 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 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. 2. Rate Adjustment for Annual Increase or Decrease in CPI, DOE CNG, or DOE Diesel. 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 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 hftp://data.bls.gov/cqi-bin/surveymost. "Net Rate" means Rate minus Franchise Fee. 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 quarter 2.12 July and October 2007, April 2008 1, 2007 - March 31, 228.59 not month-to-month) Percent Change 3.14% (not more than 5%) Adjustment to Service Fee 75 percent of percent 2.35% Component I change in CPI Adjustment to CNG Fuel Table 2 - Adjustment Due to Change in DOE CNG (Section A2b 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 6.35/3= quarters in year — which quarter 2.12 July and October 2007, (2.29+2.33+2.44)/3= may vary, not quarter -to- quarter) quarters and January 7.06/3= 2008, quarter 2.35 Percent Change (2.35-2.12)/2.12= 0.23/2.12=0.1085 10.85% Adjustment to CNG Fuel 30 percent of percent 0.30 X 10.85%= Component change in DOE CNG *3/10 3.25% Vehicles)* Table 3 — Adjustment Due to Change in DOE Diesel (Section A2b of Exhibit 10). Calculate percent change in April 1, 2006 - March 31, 2007 1271.66 DOE Diesel (12 -month '', April 1, 2007 - March 31, 2008 317 55 average, not month-to-month) ..... .......... .. .. .. . Percent Change 16.89 percent to Diesel Fuel 70 percent of percent change in 11.82 percent DOE Diesel (7/10 Vehicles)* *In this above example, the FRANCHISEE owns a total of 10 Vehicles, and 3 Vehicles use compressed natural gas and 7 Vehicles use diesel. .- 1 Rates - EXHIBIT 10 B. Section A1/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 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 hypothetical Net Rate of Net Rate to change in Adjustment as follows: 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 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 1 accordance with Section 7D1. Liquidated Damages - EXHIBIT 1 BD2 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 $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 131 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 133a, 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 63c and a of Exhibit 3A. 24 For each failure to timely remove graffiti in accordance with $150 Section 133g of Exhibit 3A. 25 For each failure to timely repair or replace carts in accordance $35 with Section 133c 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. Liquidated Damages - EXHIBIT 18D2 28 For each occurrence of disposing of Recyclables or mixing $100 $100/da Rec clables with Refuse in Breach of Section D6 in Exhibit 3A. Quarterly reports in accordance with Section 13A2, B, D, and E. 29 Any other liquidated damage in Exhibit 3A. As scheduled Annual reports in accordance with Section 13A3, B, D, and E $300/da 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 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 COUNTY Initial Here: _ Initial Here: -F'M(Z 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: Printed Name: tj � Date: /U '3 0 � 6 9 Acknowled Signature: ��,%% / Printed Name l415d'Title: ✓Yl, r. (E t. Date: /2 Page 87 Vt t& Parse mo -K r 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. 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. 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; a 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; b. RCRA; 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.); '14 e. seq.); Definitions - EXHIBIT 21 is Health & Safety Code, Division 20, Chapter 6.95, § 25500 et 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 including required stores; offices; 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 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; s. 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: 1. 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. tiYA 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; .; 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)(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. 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: 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 CERCLA 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 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: 1. 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); K. 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:\aspub\CONTRACTUeanette\FRANCHISEAGREEMENTS\2007\Franchisee DocumentationlSCVWgreement SCV Revised 3-11-OS.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 permonth $16.16 per month $15.16 per month Special Services Number of Weekly Pickups Container Size 1 2 3 4 5 6 7 1.5 yd3 $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 per bin per month Bulk Billing Discount 8% Extra Bulky Item Pickup $24.29 per pickup Additional Bin Cleanings $42.51 per cleaning Extra Bin Empties $42.51 per empty Compactor Rates 2x comperable 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, CUUROOOOSEHGO2, Not Seasonally Adjusted, Garbage and Trash Collection All Other 25% Consumer Price Index for All Urban Consumers (CPI -U) — U.S. City Average, CUUROOOOSEHGO2, 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 15 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 13 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, 20125 20139 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 F (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 ($590009000) 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 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 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.