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HomeMy WebLinkAbout2013-10-22 - RESOLUTIONS - THREE SOLID WASTE SERVICE (2)RESOLUTION 13-69 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AUTHORIZING THE CITY OF SANTA CLARITA TO ENTER INTO A COMMERCIAL SOLID WASTE SERVICE FRANCHISE AGREEMENT WITH THREE SOLID WASTE SERVICE PROVIDERS FOR CERTAIN ANNEXED PROPERTIES. WHEREAS, Burrtec Waste Industries, Inc., ("Burrtec"), Consolidated Disposal Service LLC ("Consolidated"), and USA Waste of California, dba Waste Management ("Waste Management") all provide commercial solid waste collection services pursuant to nonexclusive franchise agreements with the County of Los Angeles ("County") for certain unincorporated portions of the Santa Clarita Valley. The County nonexclusive franchise allows the providers to serve multifamily units. WHEREAS, The City of Santa Clarita ("City") recently completed annexations of certain portions of unincorporated land in the County into the City. WHEREAS, The City has an entirely separate exclusive franchise agreement with Burrtec to provide commercial solid waste handling services, but not including service for multifamily waste collection, within the incorporated boundaries of the City and desires to have Burrtec provide such services in the newly annexed areas pursuant to the existing exclusive ' franchise agreement. The City has also approved several non-exclusive franchises for temporary and roll -off bin service within the City. WHEREAS, Pursuant to Public Resources Code section 49520, Burrtec, Consolidated, and Waste Management have the right to continue to provide solid waste handling services for commercial enterprises in the newly annexed areas for a period of five years from the date the City annexes those areas ("continuation rights"). WHEREAS, Pursuant to Public Resources Code section 49521, Burrtec, Consolidated, and Waste Management must provide such continued solid waste handling services in the annexed areas in substantial compliance with the terms and conditions of the County franchise agreement and must meet the quality and frequency of service that is provided by the City in the City's incorporated areas for such similar service. WHEREAS, The City, Burrtec, Consolidated, and Waste Management desire to enter into agreements whereby Burrtec, Consolidated, and Waste Management will provide solid waste handling services to commercial enterprises in the newly annexed areas in compliance with the terms and conditions of the existing County franchise agreement, with certain amendments to be more consistent with the City's existing exclusive agreement with Burrtec, for the five-year period in which the three providers are allowed to continue to provide such services. Such an agreement will facilitate administration and enforcement of the services by the City during this ' continuation rights period. WHEREAS, Burrtec is exercising its continuation rights, rather than simply complying with its existing exclusive franchise agreement with the City for the newly annexed ' areas. The continuation rights allow Burrtec to provide service to multifamily units, and Burrtec does not have such rights under its existing exclusive franchise agreement with the City. WHEREAS, Burrtec, Consolidated, and Waste Management are the only companies that have asserted commercial continuation rights to date, although staff believes there may be other solid waste companies with non-exclusive County franchise agreements providing services in the annexed areas that may assert continuation rights for those areas in the future. NOW THEREFORE, the City Council of the City of Santa Clarita resolves as follows: SECTION 1. Non -Exclusive Franchise Agreement with Burrtec. The City Council hereby approves and authorizes the City to enter into a non-exclusive franchise agreement with Burrtec to provide solid waste handling services to commercial enterprises in the newly annexed areas of Copperstone, Elsmere Canyon, North Copper Hill, Soledad Commons, Vista Canyon/Fair Oaks/Jakes Way, South Sand Canyon, and Norland/Robinson Ranch. The Mayor and/or City Manager is authorized to execute the agreement on behalf of the City, and the agreement is hereby approved. The Burrtec agreement is attached as Exhibit A to this resolution. SECTION 2. Non -Exclusive Franchise Agreement with Consolidated. The City Council hereby approves and authorizes the City to enter into a non-exclusive franchise ' agreement with Consolidated to provide solid waste handling services to commercial enterprises in the newly annexed areas of Copperstone, Elsmere Canyon, North Copper Hill, Soledad Commons, Vista Canyon/Fair Oaks/Jakes Way, South Sand Canyon, and Norland/Robinson Ranch. The Mayor and/or City Manager is authorized to execute the agreement on behalf of the City, and the agreement is hereby approved. The Consolidated agreement is attached as Exhibit B to this Resolution. SECTION 3. Non -Exclusive Franchise Agreement with Waste Management. The City Council hereby approves and authorizes the City to enter into a non-exclusive franchise agreement with Waste Management to provide solid waste handling services to commercial enterprises in the newly annexed areas of Copperstone, Elsmere Canyon, North Copper Hill, Soledad Commons, Vista Canyon/Fair Oaks/Jakes Way, South Sand Canyon, and Norland/Robinson Ranch. The Mayor and/or City Manager is authorized to execute the agreement on behalf of the City and the agreement is hereby approved. The Waste Management agreement is attached as Exhibit C to this Resolution. SECTION 4. Delegation of Authority to the City Manager. Pursuant to Santa Clarita Municipal Code section 15.44.305, the City Council hereby delegates the authority to the City Manager to award commercial, temporary bin, and roll -off service franchise agreements with any solid waste companies who currently have non-exclusive County franchise agreements for those services within the annexed areas, provided that such companies establish they are entitled to continuation rights within the annexed areas and provided such franchises are consistent with ' the terms of the other agreements approved pursuant to this Resolution. PA SECTION 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 22nd day of October 2013. ATTEST: DATE: 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 September 23, 2013 Mr. Travis Lange Environmental Services Manager City of Santa Clarita 23920 Valencia Blvd., #300 Santa Clarita, CA 91355-2196 Dear Mr. Lange: RE: City Approved Disposal Sites WASTE MANAGEMENT OF ANTELOPE VALLEY PO 13x 4040 Palmdale, CA 93590 (661) 947-7197 (661)274.4289 Fax With the closure of Puente Hills Landfill, WM appreciates the opportunity to submit additional disposal sites for your consideration. We respectfully request the addition of the following disposal sites to approved sites listed in Section 4.9 of the Amended and Restated Agreement between City of Santa Clarita and USA Waste of California, Inc. DBA Blue Barrel Disposal for Residential Solid Waste Management Services, dated May 2012. Azusa Transfer and MRF 1501 W Gladstone Azusa, CA 91702 Sun Valley Recycling Park 9227 Tujunga Ave. Sun Valley, CA 91352 If you have any questions, please don't hesitate to contact me at 661-312-2538. We appreciate being able to provide service to the City of Santa Clarita and forthe opportunity to "Think Green" by effectively managing material that is generated in your city. Sincerely, 1is ne Haness Con act Compliance Manager CC. Sandra Pursley, Municipal Marketing Manager Kristi C, District Manager Bill Minnis, Operations Director From everyday collection to environmental protection, Think Green° Think Waste Management. ® Pnmml un tom: p n mmumo,mwvf xprr May 31, 2012 Mr. Travis Lange City of Santa Clarita 23920 Valencia Blvd Santa Clarita, CA 91355 RE: Pending City of Santa Clarita Annexations Dear Mr Lange: We are in receipt of your letter dated May 1, 2012, regarding the pending City of Santa Clarita annexations. As previously communicated, Burrtec will exercise its continuation rights with the residential serviced customers that are to be annexed by the City of Santa Clarita. The areas include the following communities and corresponding residential customers: Copperstone (421 residences), Elsmere Canyon (0 residences), Soledad Commons (0 residences), and Vista Canyon/Fair Oaks (1354 residences). In our ongoing partnership with the City, Burrtec will provide the affected residents with solid waste and recycling collection services that substantially comply with those offered under the City's franchise at rates established by the City of Santa Clarita City Council-Furthermore—Budtec wilt meet the quality and frequency of services as required in the City's franchise and will be operating alternative fuel collection vehicles. The new rates will be effective July 1, 2012, with a credit appearing on customer billings in the August -September invoices. The credit will be $2.25 for standard service and $0.72 for the senior discount service. A collection service program newsletter will be mailed with the August invoices and include confirmation of the annexation and its impact on the residential solid waste and recycling collection programs and related costs and discounts. Attached please find a draft of the communication for City review and comment. Rest assured that our intent is to provide a seamless transition for our customers while providing the benefits under the City's residential program including the reduced rates. Please contact me if you have any questions regarding the annexation plan or the transition plan timeline as previously submitted. Thank you. Sincerely, iiincerely, Richard Nino Director Municipal Services 9890 Cherry Avenue • Fontana, California 92335 909-429-4200 FAX 909-429.4290 BURRTEC "We'll Take Care O f It" September 19, 2013 Robert Newman City of Santa Clarita 23920 Valencia Blvd Santa Clarita California 91355 RE: Santa Clarita Valley Landfills Dear Mr. Newman, Burrtec Waste Industries would like to amend section 4.8 of the Restated Agreement between the City of Santa Clarita and Burrtec Waste Industries, Inc. for Commercial Solid Waste Management Services Dated November 20, 2003, and Revised April 2012. This section currently reads as follows: 4.8 Disposal of Refuse - Disposal Site The Company shall dispose of all Refuse Collected under Section 4.1 at the Disposal Site. Unless and until the City otherwise obtains ownership of the Solid Waste stream, or unless otherwise approved by City, the primary Disposal Sites used by Company shall be the Antelope Valley Public Landfill, owned and operated by Waste Management, Inc., and the Chiquita Canyon Landfill, owned and operated by Waste Connections." This section limits the utilization of landfills to only one of the two local Santa Clarita Valley landfills. The other landfill is in the Antelope Valley. In the near future this will impose an unbeneficial constraint. On October 31, 2013, the Puente Hills Landfill is projected to close. As a result of this closure approximately 6,000 to 8,000 tons per day generated in the Los Angeles basin will be displaced. This, more than likely, will have an adverse effect on the local landfills here in the Santa Clarita Valley. These changes will impact future operational cost, including tipping fees, which pursuant to the franchise may be passed along to the ratepayers. This amendment is requested to allow the greatest flexibility in negotiating the most cost effective rates. Dennis Verner Division Manager 26000 Springbrook Avenue, Unit 101, Saugus CA 91350 EXHIBIT A COMMERCIAL AGREEMENT BURRTEC NONEXCLUSIVE FRANCHISE AGREEMENT This Nonexclusive Franchise Agreement ("Agreement') is entered into as of , 2013 ("Effective Date") by and between the City of Santa Clarita, a California municipal corporation (the "City") and Burrtec Waste Industries, Inc., a California corporation, ("Franchisee"), who agree as follows: 1. Recitals. This Agreement is made with reference to the following facts and circumstances: (a) On July 1, 2012, Franchisee entered into a nonexclusive franchise agreement with the County of Los Angeles ("County") for solid waste management services in bins to commercial enterprises in the unincorporated territory of the County, including the unincorporated portions of the Santa Clarita Valley ("County Franchise"). A copy of the County Franchise is attached as Exhibit 1. (b) The County Franchise is an open market competitive agreement that sets forth, among other things, certain terms and conditions that Franchisee must comply with in providing solid waste management services. The termination date of the County Franchise was June 30, 2019. (c) In 2012 and 2013, the City completed annexations of certain portions of unincorporated land in Los Angeles County into the City (the "Annexed Areas"). The Annexed Areas are described in the attached Exhibit 2. (d) The County has taken the position that the County Franchise applies only to the unincorporated areas of the County and consequently, it will no longer remain in force and effect as of the date the Annexed Areas are officially annexed into the City. (e) Pursuant to Public Resources Code section 49520, the City has notified Franchisee that the City intends to contract for exclusive solid waste handling services with another provider for the Annexed Areas. (f) The Parties agree that pursuant to Public Resources Code section 49520, Franchisee has the right to continue to provide solid waste handling services for commercial enterprises in the Annexed Areas for a period of five years from the date the City provided notice of its intent to have an exclusive provider for the Annexed Areas, which is agreed to be June 14, 2012 for the Soledad Commons, Copperstone, and Elsmere Canyon areas, and December 17, 2012 for the Fair Oaks Ranch, West Sand Canyon and North Copper Hill areas, and April 16, 2013 for South Sand Canyon area, and August 15, 2013 for the Norland/Robinson Ranch areas. (g) Pursuant to Public Resources Code section 40521, Franchisee must provide such continued solid waste handling services in the Annexed Areas in substantial compliance with the terms and conditions of the County Franchise and must meet the quality and frequency of service that is provided by the City in the City's incorporated areas for such similar service. (h) The City and Franchisee both desire that Franchisee continue to provide solid waste handling services to commercial enterprises in the Annexed Areas and pursuant to the terms and conditions in the County Franchise until the expiration of the term of this Agreement, with some limited amendments. (i) This Agreement will ensure that Franchisee provide solid waste handling services to commercial enterprises in the Annexed Areas in compliance with the terms and conditions of the County Franchise, with certain amendments that are consistent with City standards, until the expiration of the term of this Agreement. This will guarantee consistency and will improve uniformity of service in the Annexed Areas during the term in which the Franchisee has the right to continue to provide such services. 2. Aoreement. The City and the Franchisee agree that Franchisee will continue to provide solid waste handling services to commercial enterprises in the Annexed Areas pursuant to, and bound by, the terms and conditions of the County Franchise for the Term (as defined below) of this Agreement, with the following amendments: (a) Any reference to the "County", "Los Angeles County", the "Los Angeles County Department of Public Works", or the "Director of the Los Angeles Department of Public Works" in the County Franchise shall mean "City". this Agreement. 4. (b) Section 1(D) of the County Franchise concerning franchise fees is deleted and replaced with the attached Exhibit 3. (c) Section 2(A)(1) of the County Franchise concerning expiration date is deleted and replaced by Section 3 of this Agreement. (d) Section 13 of the County Franchise concerning Indemnification is deleted and replaced with the attached Exhibit 4. (e) Section 14 of the County Franchise concerning Insurance is deleted and replaced with the attached Exhibit 5. (f) All reference in the County Franchise to "roll -off box" or "roll -off' service is deleted and replaced with the attached Exhibit 6, which is a copy of the existing temporary bin and roll -off solid waste franchise agreement between Franchisee and City ("Existing Roll -Off Agreement"), and Franchisee agrees to abide by the terms and conditions in the Existing Roll -Off Agreement and any future amendments to such. 3. Term and Termination. The term of this Agreement begins on the Effective Date and terminates as follows: Franchisee's rights to provide service and obligations under this Agreement with regard to the Annexed Areas terminate as follows: 1. On June 14, 2017 for the annexed areas of Soledad Commons, Copperstone, and Elsmere Canyon; 2. On December 17, 2017 for the annexed areas of Fair Oaks Ranch and West Sand Canyon; and 3. On December 17, 2017 for the annexed area of North Copper Hill; and 4. On October 16, 2018 for the annexed area of South Sand Canyon; and 5. On October 16, 2018 for the annexed areas of Norland and Robinson Ranch. These five dates are collectively referred to as the "Annexed Area Termination Dates". For the avoidance of doubt, Franchisee shall have no further right to provide solid waste handling services to commercial enterprises in the Annexed Area after the Annexed Area Termination Dates, unless otherwise authorized in writing by the City. 4. Transition Plan. Franchisee shall submit a detailed transition plan six months prior to the Annexed Area Termination Date that outlines how it intends to ensure that the transition from Franchisee to the City's exclusive hauler will be carried out in an efficient manner and will not impact the provision of services to City residents. [Signature Page Follows] IN WITNESS WHEREOF, the Parties enter into this Amendment of the Assigned Franchise as of the date first written above. BURRTEC WASTE INDUSTRIES, INC. By: CITY OF SANTA CLARITA By: Kenneth W. Striplin City Manager ATTEST: Bv: Armine Chaparyan Interim City Clerk APPROVED AS TO FORM: By: Joseph M. Montes City Attorney EXHIBIT 1 (Nonexclusive County Franchise Agreement) CONTRACTOR'S FILE COPY Non -Exclusive Commercial Solid Waste Collection Franchise Agreement For the Unincorporated Areas of The County of Los Angeles BETWEEN THE COUNTY OF LOS ANGELES, DEPARTMENT OF PUBLIC WORKS AND BURRTEC WASTE INDUSTRIES, INC. CONTRACT # 003055 Franchise Date: JULY 1, 2012 Expiration Date: JUNE 30, 2019 1 2012-FA001 Non -Exclusive Commercial Franchise TABLE OF CONTENTS REFERENCES,.,,,.,,,.....,,,,,.., RECITALS .................................. ......................................0.............................. ............................ ......1111.3 ....11.11.. 9 SECTION 1 - FRANCHISE GRANT..............................................................................10 SECTION 2 - TERM......................................................................................................13 SECTION 3 -SCOPE OF FRANCHISE SERVICES.............:.......................................15 SECTION 4 - SERVICE STANDARDS.........................................................................17 SECTION 5 - PRIVACY.." ........................... ............... .................. 1111119 SECTION 6 - UNPERMITTED WASTE SCREENING AND REPORTING ...................19 SECTION 7 - CUSTOMER SERVICE...........................................................................20 SECTION 8 - OWNERSHIP OF MSW; DISCLAIMERS................................................23 SECTION 9 - SETTING RATES AND CUSTOMER BILLING......................................23 SECTION 10 - FRANCHISEE RECORDS; AUDITS.....................................................23 SECTION 11 - COUNTY'S DIVERSION PRIORITIES..................................................26 SECTION 12 - REPORTS...........................................................................11............11,,27 SECTION 13 - INDEMNIFICATION.............................................................................. 28 SECTION 14 -INSURANCE ......................................................................................... 30 SECTION 15 - FINANCIAL ASSURANCE................................................................... 30 SECTION 16 - BREACHES AND DEFAULTS; SUSPENSION; TERMINATION; DEBARMENT................................................................................Some........................... 31 SECTION 17 - ENFORCEMENT OF AGREEMENT.....................................................37 SECTION 18 - GENERAL PROVISIONS..................................................................... 39 SECTION 19 - DEFINITIONS AND INTERPRETATION OF AGREEMENT., ........... we,, 40 SECTION 20 - EXECUTION OF AGREEMENT...........................................................41 ATTACHMENT NO. 1 (Section 3A) - FRANCHISE SERVICES..................................43 ATTACHMENT NO. 2 (Section 3A) - FRANCHISE SERVICES AND SERVICE SPECIFICATIONS FOR ROLL -OFF BOXES...............................................................52 ATTACHMENT NO. 3 (Section 14) -INSURANCE REQUIREMENTS ........................53 ATTACHMENT NO. 4 - LABOR -RELATED PROVISIONS REQUIRED IN COUNTY CONTRACTS............................................................................................................... 60 EXHIBIT A - LIST OF UNINCORPORATED COUNTY COMMUNITIES.,..,.,,,,,,., ... 11111 65 EXHIBIT B - MAP OF UNINCORPORATED COUNTY AREAS................................66 EXHIBIT C - CUSTOMER BILL OF RIGHTS.....................................................69 EXHIBIT D - MANDATORY RECYCLING REQUIREMENTS................................72 EXHIBIT E - DEFAULTED PROPERTY TAX REDUCTION PROGRAM .........1111........ 88 EXHIBIT F - INTERNAL REVENUE SERVICE NOTICE 1015 .................................... 92 EXHIBIT G - SAFELY SURRENDERED BABY LAW POSTERS ...........................93 EXHIBIT H - BOND FOR FAITHFUL PERFORMANCE........................................97 EXHIBIT I -FRANCHISE DOCUMENTATION...,,.,,,,.." ................. 41,111,11, ...... 111198 2 2012-FA001 Non -Exclusive Commercial Franchise REFERENCES The text in this Franchise Agreement uses the following conventions: (1) References to Sections and Articles refer to Sections and Articles of this Agreement, unless specified otherwise. (2) References to Attachments and Exhibits refer to Attachments and Exhibits appended to this Agreement. (3) References to Subsections are to the Section in which that Subsection occurs, unless specified otherwise. (4) Words have the meanings defined below or in the text of this Agreement. Definitions inserted in text are italicized. 3 2012-FA001 Non -Exclusive Commercial Franchise SECTION DEFINITION AB 939 California Integrated Waste Management Act of 1989, California Public Resources Code 40000 et seg. bin 1A breach 16A bulky item Attachment No. 1 F2 cart 1 B No.(5) CCR California Code of Regulations CEDs A "covered electronic device" as defined in California Public Resources Code Section 42463, including: (1) cathode ray tube (CRT) device (including television and computer monitor); (2) LCD desktop monitor; (3) Laptop computer with LCD display; (4) LCD television; (5) plasma television; and (6) any other "covered electronic devices" listed in the regulations adopted by the California Department of Toxic Substances Control pursuant to California Health and Safety Code Section 25214.10.1(b). container Cart, bin, roll -off box or other container for storing discarded solid waste pending collection. 3 2012-FA001 Non -Exclusive Commercial Franchise commercial Refers to premises such as stores; offices; industrial plants; private schools; restaurants; rooming houses; hotels; motels; manufacturing, processing, or assembly shops or plants; and hospitals, clinics, convalescent centers and nursing homes (with respect to nonmedical waste only). Commercial does not include residential premises or multifamily premises. County business 4F day County's office 4F hours County's Direct costs of COUNTY (including payroll and reimbursement benefits, materials, and services) plus 35 percent costs thereof. customer Someone who subscribes to franchise services from FRANCHISEE. Customer Bill of 7C Rights Customer 7C Subscription Order Tate of this Paragraph Agreement above Recitals day Calendar day default 16B1 Director The County of Los Angeles Director of Public Works or his or her authorized representative. E-waste Waste that is powered by batteries or electricity, such as computers, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, videocassette players/recorders, compact disc players/recorders, and calculators. franchise fee 1D franchise 1A services franchise year July 1 — June 30 (contrasted with a calendar year) Garbage Districts formed pursuant to Public Resources Disposal Districts Code Section 4900 at seq., and Los Angeles County Code Chapter 29.90. 4 2012-FA001 Non -Exclusive Commercial Franchise immediatefamily 1E including "including, without limitation" law 4A liabilities 13D MRF Materials Recovery Facility multifamily Refers to the following premises: (1) dwellings with three or more attached dwelling units (such as apartments), each with separate cooking and bathing facilities; (2) townhouses, whether attached or detached, (3) condominiums, whether attached or detached; or (4) the following developments that receive solid waste services in bins: • planned residential developments (PRD's), • planned urban development's (PUD's), and • community developments (such as mobile home parks). notice 18C premises A tract of land with habitable buildings located in the service area, which is safely accessible by trucks used to provide franchise services. promptly Within two County business days quarter The following periods: (1) January 1 — March 31, (2) April 1 — June 30, (3) July 1 — September 30, or (4) October 1 — December 31. reasonable Actions that a prudent business person would efforts take under the same or similar circumstances intending in good faith to satisfy its obligations. records 10A recyclables 1131 On the date of this Agreement, recyclables include the following types of solid waste: (1) aluminum and metal cans; (2) newspaper; (3) glass jars and bottles; 4 tin cans; 5 2012-FA001 Non -Exclusive Commercial Franchise 6 2012-FA001 Non -Exclusive Commercial Franchise (5) plastic soda bottles; (6) plastic milk and water jugs; (7) plastic bags (e.g., bread, frozen food, grocery bags); (8) type No. 1 plastic containers (PET - polyethylene terephthalate); (9) type No. 2 plastic containers (HDPE -high density polyethylene); and type No.3-7 containers. (10) all types of paper (e.g., office paper, junk mail, magazines, telephone books); (11) corrugated cardboard refuse "Solid waste" comprised of garbage, rubbish and trash regulatory 4A authority Request for All documentation and information that Statement of FRANCHISEE submits to COUNTY and that the Qualifications Director deems complete, including: (1) Unpermitted Waste Screening Protocol; (2) Customer Subscription Order Template Form; (3) Recycling and Waste Diversion Plan; (4) Vehicle List residential Refers to premises containing detached, single- family homes or duplexes, other than: (1) townhouses, whether attached or detached, (2) condominiums, whether attached or detached, or (3) the following developments that receive solid waste services in carts: • planned residential developments (PRD's), • planned urban development's (PUD's), and • community developments (such as mobile home parks) roll -off box I 1A service area The unincorporated area of the COUNTY 6 2012-FA001 Non -Exclusive Commercial Franchise sharps Attachment No.1 E3b solid waste 1A solid waste 3B facility solid waste (1) "Solid waste handling" defined under management California Public Resource Code Section services 40195 (on the date of this Agreement, collection, transportation storage, transfer or processing of solid waste), and (2) "Solid waste disposal" defined under California Public Resource Code Section 40192, as required by County Code Section 20.72.140 subcontractors Anyone that provides goods or services (whether or not pursuant to oral or written agreement), related to: (1) collection, transportation, or storage of solid waste, CEDs or E -waste handled under this Agreement; or (2) operation, maintenance, and repair of assets used to provide franchise services such as For example transfer 1 E uncontrollable The following events: circumstances (1) riots, war, or emergency affecting the COUNTY declared by the President of the United States or Congress of the United States, the Governor of California, or the Board of Supervisors; (2) sabotage, civil disturbance, insurrection, explosion; (3) natural disasters such as floods, earthquakes, landslides, and fires; (4) strikes, lockouts and other labor disturbances; and (5) other catastrophic events that are beyond the reasonable control of FRANCHISEE despite FRANCHISEE'S reasonable efforts, excluding: • FRANCHISEE'S financial inability to provide franchise services, or 7 2012-FA001 Non -Excursive Commercial Franchise 2012-FA001 Non -Exclusive Commercial Franchise . FRANCHISEE's failure to obtain any permits necessary to provide franchise services or the right to use the facilities of any public entity unpermitted 6A waste violation/violation Any noncompliance with law as evidenced by of law notice, assessment, or determination of any regulatory authority to FRANCHISEE, whether or not a fine or penalty is included, assessed, levied, or attached. year Calendar year, unless "franchise year" is explicitly rovided. 2012-FA001 Non -Exclusive Commercial Franchise The County of Los Angeles, a political subdivision of the State of California (COUNTY), and Burrtec Waste Industries, Inc., a California Corporation (FRANCHISEE) enter into this Agreement on the date of this Agreement. "date of this Agreement" means the date that both parties have signed this Agreement in Section 20. RECITALS OPEN MARKET COMPETITION. Historically, private waste haulers and not County have arranged to provide municipal solid waste management services in bins to commercial enterprises in the unincorporated territory of County. Private haulers and their commercial customers have competitively negotiated service charges in an open - market, except in Garbage Disposal Districts and residential franchise areas, where the haulers contract with County to provide solid waste management services. FRANCHISE PURPOSE. Under this Agreement, private haulers will continue to arrange to provide solid waste management service in bins to commercial customers, subject to the terms of this Agreement. This Agreement will: increase hauler accountability for customer service, help implement the Source Reduction and Recycling Element of the County's Solid Waste Plan, including providing diversion programs, maintaining more accurate records and improving reporting, and specifically the establishment and enforcement of recycling programs for businesses and multifamily dwellings, provide efficient contract administration and enforcement by COUNTY staff, and provide bulky waste collection to curb illegal dumping . SOLID WASTE PERMITS. Article XI, Section 7 of the California State Constitution authorizes COUNTY to protect the public health and safety by exercising its authority over police and sanitary matters. Historically, the COUNTY Department of Health Services issued permits to haulers for the hauling of solid waste with requirements to protect public health and safety, including frequency of collection and collection vehicle maintenance. It will continue to do so, and FRANCHISEE shall continue to obtain that permit and comply with all of its provisions. SELF -HAUL OPTION. This Agreement does not require anyone to subscribe to franchise services from FRANCHISEE. Owners and occupants of premises may self - haul their solid waste. They may store solid waste generated on their premises in their own containers, and collect and transport it in their own vehicles for reuse, recycling, or disposal. Customers' obligations to pay FRANCHISEE service fees under this 9 2012-FA001 Non -Exclusive Commercial Franchise Agreement does not arise because they own property, but because they generate refuse and do not exercise their right to self -haul. FRANCHISE AUTHORIZATION. California Public Resources Code Section 40059 specifically authorizes COUNTY to prescribe the terms and conditions of aspects of solid waste management services, including: • the nature, location, and level/extent of services. • frequency of collection; • means of collection and transportation; • service charges and fees; and • whether the services are to be provided by means of non-exclusive, partially exclusive, or wholly exclusive franchise, contract, license, permit, or otherwise. County Code Chapter 20.70 authorizes the Director to require franchises in any part of the unincorporated territory of the County that is not served by a Garbage Disposal District. COUNTY consulted with representatives of waste haulers in developing this Agreement. COUNTY and representatives of the private hauling industry met many times to discuss the scope of franchise services, service specifications, service standards, and other performance obligations and to address the industry's questions, comments, and concerns. SECTION 1 — FRANCHISE GRANT A. Non -Exclusive Grant and Acceptance. COUNTY grants to FRANCHISEE and FRANCHISEE accepts the non-exclusive right and privilege to provide franchise services with respect to solid waste discarded in bins and roll -off boxes and within the unincorporated areas of the COUNTY. In COUNTY'S sole discretion, COUNTY may also grant to other persons the same rights and privileges that it grants FRANCHISEE under this Agreement. COUNTY is not liable to FRANCHISEE for acts of anyone who provides solid waste management services without a permit or franchise required by law, and FRANCHISEE releases COUNTY from any liability in connection with any of those acts. "franchise services" means all FRANCHISEE'S obligations under this Agreement to its customers and COUNTY. "solid waste" means "solid waste" defined in California Public Resource Code Section 40191. "bin" means any container for storage of solid waste that is picked up with front end 10 2012-FA001 Non -Exclusive Commercial Franchise loading vehicles, such as those having a f- to 8 -yard capacity, commonly referred to as dumpsters. "roll -off box" means any open -topped rectangular container for storage, collection, and transport of solid waste that are rolled on and off flatbed collection vehicles via winches or reeving cylinders (hooks), sometimes referred to as debris boxes. B. Exclusions from Franchise. This grant excludes: (1) recyclables that any person donates or sells to someone other than FRANCHISEE. recyclables" means types of solid waste designated by COUNTY. (2) solid waste that any person self -hauls, such as shingles generated by roofers and yard waste by gardeners who: • collect the solid waste in receptacles other than those provided by FRANCHISEE, and • transport the solid waste in that person's own vehicles for disposal or processing. (3) solid waste discarded at premises owned or controlled by COUNTY or any other person governed by the Board of Supervisors ; (4) solid waste discarded at premises owned or controlled by: • the State of California; • any school district; or • any person that is not legally obligated to subscribe to franchise services. (5) solid waste discarded in carts at premises that receive franchise services under an exclusive franchise awarded by the COUNTY for cart service (such as an Exclusive Franchise Agreement For Provision of Refuse, Recyclables, and Green Waste Automated Cart Services at Residential Premises and Certain Multifamily and Commercial Premises), including residential, multifamily and commercial premises. However, FRANCHISEE must collect recyclables discarded in carts at customers' premises under its Recycling and Waste Diversion Plan in its Request for Statement of Qualifications and Attachment No. 1. "cart" means a wheeled container for storage of solid waste that is (semi) automatically picked up by mechanical arms on a side loading truck (6) solid waste discarded by anyone who is receiving solid waste management services from a solid waste enterprise (if any) that has the statutory right to continue to provide franchise services to that person under California Public Resource Code Section 49520 at seq. 19 2012-FA001 Non -Exclusive Commercial Franchise C. Definition of Rights. FRANCHISEE acknowledges: (1) This Agreement does not grant FRANCHISEE any rights under Public Resource Code Section 49520. (2) FRANCHISEE does not have the right to make any claim under Public Resource Code Section 49520, but only under this Agreement. Upon expiration or termination of this Agreement, FRANCHISEE shall cease providing franchise services even if the expiration or termination occurs before the end of the period described in Public Resource Code Section 49520. After expiration or termination of this Agreement, COUNTY may reprocure one or more agreements for solid waste management services with FRANCHISEE or other persons. Those agreements may be exclusive, partially exclusive, or wholly exclusive franchises, contracts, licenses, permits or otherwise, with or without competitive bidding. D. Franchise Fee. "franchise fee" means the franchise fee established from time to time and paid under COUNTY Code Chapter 20.70 and implementing ordinances or resolutions of the Board of Supervisors. In consideration for this franchise, FRANCHISEE shall be obligated to COUNTY beginning on the date of this agreement, and shall pay the franchise fee at the time and in the amount and manner established from time to time by County ordinance or resolution of the Board of Supervisors. FRANCHISEE shall not separately identify the franchise fee in correspondence with its customers, such as in customer subscription orders or service bills, unless the language is approved by COUNTY. All communication with customers regarding increased charges, including both written and oral communication, shall be approved by County. FRANCHISEE shall pay the franchise fee with respect to all fees that it charges customers, including customers that subscribe to: (1) franchise services for bins (such as centrally -located green waste bins in a multifamily complex), and (2) non -franchise services for carts (such as individual carts for each dwelling within a multifamily complex) unless FRANCHISEE pays franchise fees with respect to all or a part of those fees under County residential franchises. E. Transfer. FRANCHISEE may transfer this Agreement, the franchise granted under it, or any rights or duties under it: in whole or in part, whether voluntarily or involuntarily, 12 2012-FA001 Non -Exclusive Commercial Franchise 2. directly or indirectly (including through asset purchase, or merger with or acquisition of the FRANCHISEE), subject to the following exception. FRANCHISEE may not make that transfer without the Director's prior written consent exercised in the Director's sole discretion, if the party to whom the FRANCHISEE makes the transfer (the transferee) does not qualify for any previously extended term of this agreement under Section 2. For example, if the existing FRANCHISEE (transferor) purchased alternative fueled vehicles and this agreement was consequently extended, then the combined vehicle fleet of new FRANCHISEE (transferee) must continue to meet the requirements for that extended term. Upon County request, FRANCHISEE shall pay County an amount requested by County, to conduct investigations deemed necessary by County to determine whether or not to grant its consent to the transfer. "transfer" means an action (or inaction) which has the direct (or indirect) effect of changing the permittee named on FRANCHISEE's waste collector permit issued by the Los Angeles County Department of Public Health. SECTION 2 — TERM A. Length of Term. Expiration Date. The term of this Agreement begins on the date of this Agreement and ends on the "Expiration Date" on the cover of this Agreement which is initially the same for all franchisees under Non - Exclusive Commercial Solid Waste Collection Franchise Agreements. 2. Earned Extension. a. 50 percent Fleet Conversion. The term of this agreement will be extended for the following periods of time if FRANCHISEE meets both of the following contract conditions, determined to satisfaction of COUNTY in COUNTY's sole discretion: 1. FRANCHISEE is not in breach of this Agreement, including compliance with Diesel Particulate Matter Control Measures 13 CCR 2020 et seq.; and 2. 50 percent of the trucks that FRANCHISEE uses to provide franchise services meet the technical specifications for both of the following: • new solid waste collection vehicles under Section (d)(1) of the South Coast Air Quality Management District (SCAQMD) 13 2012-FA001 Non-EKcIusive Commercial Franchise RULE 1193. CLEAN ON -ROAD RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION VEHICLES in effect on the date of this agreement; and • added or replaced transfer or roll off vehicles under Section (d)(2) of Rule 1193. The technical specifications in Diesel Particulate Matter Control Measures 13 CCR 2020 et seq. are incorporated by reference into this agreement as contractual provisions, whether or not those Measures apply to this agreement or FRANCHISEE as regulatory requirements. 50 Percent CONVERSION DATE EXTENDED EXPIRATION DATE as of this franchise date/ prior to July 1, 2012 June 30, 2022 prior to July 1, 2013 June 30, 2021 prior to July 1, 2014 June 30, 2020 b. 75 percent Fleet Conversion. The term of this agreement will be extended for the following periods of time if FRANCHISEE meets both of the preceding contract conditions in Subsection 2a, above, with respect to 75 percent of those trucks, determined to satisfaction of COUNTY in COUNTY's sole discretion: 75 Percent CONVERSION DATE EXTENDED EXPIRATION DATE prior to July 1, 2015 June 30, 2022 prior to July 1, 2016 June 30, 2021 prior to July 1, 2017 June 30, 2020 C. Proof of Conversion. Each year FRANCHISEE shall attach to its annual report an inventory of all solid waste collection, transfer, and roll off vehicles used to provide franchise services, including the following information: 1. application (solid waste collection, roll off, or transfer) 2. vehicle identification number, 3. license plate number, 4. engine model year, 5. fuel type, 6. domicile location, and 7. other information requested by COUNTY. Throughout the extended term, FRANCHISEE must continue to meet both extension conditions determined to satisfaction of COUNTY in COUNTY's sole discretion. 14 2012-FA001 Non -Exclusive Commercial Franchise d. No Conversion or Earned Extension. If FRANCHISEE does not meet either the 50 percent or 75 percent extension requirement, then upon scheduled expiration of this agreement on June 30, 2019, the term of this agreement will be extended on a month -by -month basis until the earlier of: 1. the date the Director names in notice to FRANCHISEE, given in the Director's sole discretion, or 2. June 30, 2022. 3. Optional Extension. In its sole discretion the Director may extend the term one or more times in monthly increments for up to three years plus a month-to-month extension up to six months. B. Continuing Obligations. The following provisions survive the expiration or termination of this Agreement: (1) all acknowledgments, representations, warranties, indemnities, defenses, and releases; (2) obligations to pay any due and payable monetary amounts or claims for those amounts, including franchise fees; (3) obligations with respect to records and reports, (4) obligations to respect customers' privacy; and (5) any other provision of this Agreement stated to survive the expiration or termination of this Agreement. C. Undepreciated Assets. FRANCHISEE acknowledges that it has no right to recover an amount equal to the undepreciated value of assets it uses to provide franchise services that might remain at the expiration or termination of this Agreement, from COUNTY or customers. SECTION 3 — SCOPE OF FRANCHISE SERVICES A. Arrangement with Customers. FRANCHISEE may independently arrange to provide franchise services in bins and roll -off boxes in the service area at the frequency, capacity, price, and other terms agreed to with its customers. B. Acknowledgements. FRANCHISEE acknowledges the following: (1) Although this Agreement prescribes minimum scope of franchise services, service specifications, and service standards, COUNTY is not responsible for supervising or performing franchise services; (2) FRANCHISEE and not COUNTY is arranging for franchise services, and COUNTY does not become a "generator" or an "arranger" as those terms are used in the context of CERCLA Section 107(a)(3), and 15 2012-FA001 Non -Exclusive Commercial Franchise (3) FRANCHISEE has full freedom, discretion, and responsibility to solely determine the manner of providing franchise services, including its choice of solid waste facilities, unless COUNTY designates one or more solid waste facilities under Section 3G. "solid waste facilities" means "solid waste facility" defined in Public Resource Code Section 40194, facilities that handle CEDs and E -waste; and any other facilities named by COUNTY. C. COUNTY Solid Waste Programs. FRANCHISEE shall provide to its customers all franchise services in bins and roll -off boxes described in ATTACHMENTS No. 1 and No. 2, respectively. FRANCHISEE shall not dispose of recyclables or mix recyclables with refuse. D. Director Request. Upon Director request, FRANCHISEE shall use its best efforts to promptly provide franchise services to any premises identified by Director, as the Director deems necessary to protect public health or safety. E. Emergency Assistance. FRANCHISEE shall provide solid waste management services requested by COUNTY in health and safety emergencies (such as an earthquake, storm, or riot, or when solid waste is accumulating at set -out sites for more than a week). FRANCHISEE shall charge COUNTY no more than what FRANCHISEE charges its customers for the same frequency and capacity of service, unless Director authorizes different charges upon request of and cost substantiation by FRANCHISE. Upon request of COUNTY, FRANCHISEE shall give COUNTY, California or Federal officials information that is related to cost of providing the emergency services (such as number or amount of vehicles, fuel, employees, tonnage and disposal fees). F. Franchisee -Selected Solid Waste Facilities. Unless COUNTY designates one or more solid waste facilities under Section 3G, FRANCHISEE shall select solid waste facilities solely in its discretion, including transfer stations and material recovery; composting and disposal facilities; and materials brokers and beneficiators. FRANCHISEE shall notify COUNTY of the solid waste facilities that FRANCHISEE chooses for each respective type of solid waste (refuse, recyclables, bulky items, and any green waste), CEDs, and E -waste. FRANCHISEE must deliver solid waste, CEDs and E -waste only to those facilities. G. Designation. County reserves the right to direct one or more of those materials referenced above to a specified site or facility [within the County] upon agreement with FRANCHISEE on the amount of any additional compensation under the following subsection. 16 2012-FA001 Non -Exclusive Commercial Franchise H. Compensation. COUNTY will compensate FRANCHISEE for any direct costs (such as increased tipping fees) which FRANCHISEE incurs following delivery of materials to a County -designated solid waste facility instead of to a Franchisee -selected solid waste facility. SECTION 4 - SERVICE STANDARDS A. Legal Requirements. FRANCHISEE shall provide franchise services in compliance with law, such as the following: (1) County Code Section 20.72.130 Hours of Collection; (2) 14 California Code of Regulations 17314 & 17316 (RE maintenance, placement and labeling of containers); (3) FRANCHISEE's waste collector permit issued by the Los Angeles County Department of Public Health, including any recycling plans and waste screening protocols; (4) County Code Section 2.200 County Child Support Compliance Program, provided in Attachment 4 "Labor -Related Provisions Required in County Contracts" (5) County Property Tax Reduction Ordinance in County Code Section 2.206 (unless FRANCHISEE qualifies for an exemption or exclusion) as provided in Section 16D; (6) California Air Resources Board Diesel Particulate Matter Control Measures at 13 CCR 2020 at seq.; and (7) South Coast Air Quality Management District Rule 1193 CLEAN ON - ROAD RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION VEHICLES. "law" means all statutes, regulations, rules, guidelines, permits, actions determinations, order or requirements of regulatory authorities that apply to franchise services or this Agreement, including their future amendments, supplements, replacement, restatement or recodification. "regulatory authority" means a Federal, State or local governmental agency that regulates franchise services, including CA DOT, CA DMV, EDD, COUNTY, COUNTY'S LEA and U.S. Immigration and Naturalization Services, or other health and safety department of the agency. Provisions of law are incorporated into this Agreement by reference as FRANCHISEE's contractual obligations. COUNTY may enforce those provisions not as violations of law (subject to fines or penalties), but as breaches of this 17 2012-FA001 Non -Exclusive Commercial Franchise Agreement (subject to remedies under this Agreement). COUNTY has no obligation to enforce law. B. Spills. FRANCHISEE shall enclose or cover all solid waste that it transports, whether in vehicles, debris boxes, hoppers, compactors, or any other containers. FRANCHISEE shall prevent solid waste from escaping, dropping, spilling, leaking, blowing, sifting, falling, or scattering from vehicles ("spills") during collection and transportation. FRANCHISEE shall not transfer loads from one vehicle to another vehicle unless necessitated by mechanical failure or accidental damage to a vehicle. FRANCHISEE shall immediately clean up any solid waste that it spills onto any alley, street, or public place. C. Leaking. FRANCHISEE shall prevent oil, hydraulic fluid, paint, putrescible waste, or other liquid from leaking from its vehicles or containers. FRANCHISEE shall equip each vehicle with petroleum absorbent agents and other appropriate cleaning agents. FRANCHISEE shall immediately cover, treat, or remove leaked materials from the ground and apply cleaning agent to minimize their adverse impact. D. Noise and Traffic. FRANCHISEE shall collect solid waste in compliance with noise levels prescribed by applicable law, including County Code Section 12.08.520 -Refuse, as quietly as possible and with the least possible disruption to the peace and quiet of the service area. FRANCHISEE shall perform franchise services so as to cause the least possible obstruction and inconvenience to public traffic. E. Customer Correspondence and Other Materials. FRANCHISEE shall submit the following materials to the Director for approval 30 days prior to mailing them to customers: (1) all written materials given to FRANCHISEE'S customers (other than with respect to an individual customer's service disputes, questions, or complaints), and (2) all materials that reference franchise services, such as sales brochures; commercial advertisements, and news releases. F. Responsiveness to County. FRANCHISEE shall: (1) return telephone calls from COUNTY to the individual who made that call during County office hours no later than the next County business day; (2) meet with COUNTY during County office hours within one week of COUNTY oral or written request at the location directed by COUNTY; (3) respond to all e-mails from COUNTY within two County business days of receipt; and 18 2012-FA001 Non -Exclusive Commercial Franchise (4) respond to written correspondence from COUNTY within one week of its receipt. "County office hours" means 7 a.m. to 5.30 p.m., Monday through Thursday and 8 a.m. to 4 p.m. on Friday. "County business days" means any day that COUNTY's Department of Public Works is open to do business with the public. G. FRANCHISEE's Representation. On the date of this Agreement, FRANCHISEE has fully complied with all law relating to the procurement of this Agreement, including law relating to conflicts of interest and the County Lobbyist Ordinance, County Code Chapter 2.160 SECTION 5 - PRIVACY A. General. FRANCHISEE shall strictly observe and protect its customers' privacy and trade secrets, including their rights to privacy under law. In addition, FRANCHISEE shall not: (1) reveal to anyone other than COUNTY any information identifying individual customers or the composition or contents of a customer's solid waste without that customer's permission, unless required by law; or (2) market or distribute mailing lists with customers' names and addresses. B. FRANCHISEE shall not assert that any privacy right accorded its customers under law prohibit FRANCHISEE from participating in solid waste characterization studies or waste stream analyses, keeping records, making reports, or assisting COUNTY in meeting any requirements under law. SECTION 6 - UNPERMITTED WASTE SCREENING AND REPORTING A. Unpermitted Waste. "Unpermitted waste" means: (1) materials that are not solid waste, including: • universal waste (materials that the California Department of Toxic Substances Control considers universal waste, including materials listed in 22 CCR 66261.9), • household hazardous waste and other hazardous waste, • medical waste, and • radioactive waste, and 19 2012-FAO01 Non -Exclusive Commercial Franchise (2) waste tires in excess of the number prescribed in 14 CCR 17355(6,) or reduced in volume as required in 14 CCR 17355(A); and any other materials that cannot be disposed of in class It sanitary landfills described in 27 CCR 20250, B. Prohibition and Protocol. FRANCHISEE is prohibited from collecting any unpermitted waste observed by FRANCHISEE, unless FRANCHISEE is legally licensed to do so. FRANCHISEE shall implement the Unpermitted Waste Screening Protocol included in its Request for Statement of Qualifications. FRANCHISEE shall annually give each of its customer's written material describing its customer education program for safe disposal. C. Reports to Director. If FRANCHISEE observes that any substance it reasonably believes or suspects to contain unpermitted waste has been disposed of or released on any COUNTY or any other public property (including storm drains, streets, or other public rights of way), FRANCHISEE shall use reasonable efforts to report its observation to the Director in addition to reporting it to the appropriate regulatory authority as legally required. D. Labels. Within three months after this franchise date FRANCHISEE shall conspicuously label each bin and roll -off box with stickers, embossing, or other secure means, prohibiting customers from discarding unpermitted waste and including illustrative examples. SECTION 7 - CUSTOMER SERVICE A. Standards. FRANCHISEE shall respond to its customers' questions and complaints in accordance with all requirements under law, such as the following: (1) County Code Section 20.72.160 (RE customer service telephone and record-keeping requirements), where, for purposes of this Agreement, the Director shall be deemed the enforcement agency, or (2) 14 CCR Section 17317 (RE placing identifying name and telephone number on containers). B. County's Reimbursement Costs. If any COUNTY employee or other person acting upon direction of the County spends more than the following amounts of time resolving customer complaints, FRANCHISEE shall reimburse COUNTY the County's reimbursement costs therefore: (1) more than one hour in the aggregate resolving complaints from any single customer of FRANCHISEE who states he or she has previously made that complaint to FRANCHISEE; or (2) more than one hour in any work week (Monday through Friday) resolving complaints from different customers of FRANCHISEE. 20 2012-FA001 Non -Exclusive Commercial Franchise C. Customer Subscription. 1. Provide to Customers "Customer Subscription Order" means Customer Subscription Order Form in Franchisee Application. "Customer Bill of Rights" means the Customer Bill of Rights in substantially the form of Exhibit No. C. Before beginning franchise services FRANCHISEE shall give each customer: (1) Customer Subscription Order, (2) Customer Bill of Rights, and (3) the most recent bi-annual newsletter (see Attachment 1, Section D1). FRANCHISEE may require those customers for whom FRANCHISEE is required to operate vehicles on private property to sign a Subscription Order containing a waiver of liability with respect to damage to private driveways or pavement, in form approved by COUNTY. FRANCHISEE shall include on its customer invoices (other than invoices to roll- off customers): (1) the address of the website that provides a summary of the Customer Bill of Rights, general Customer Subscription Order, and (2) directions on how to obtain a complete copy of a customer's Customer Service Order. 2. No Evergreen. FRANCHISEE shall not include in the terms of customer subscription orders or other service contract with its customers any automatic renewals or extensions, colloquially referred to as "evergreen" clauses, which obligate a customer to take affirmative, prescribed action in order to terminate the subscription order (such as giving written notice within a specified time period before the stated expiration of the subscription order). 3. Term Limitation. FRANCHISEE shall limit the terms of customer subscription orders to no longer than the remaining term of this Agreement. 4. Termination Option and Rights. 21 2012-FA001 Non-Fxclusive Commercial Franchise (1) FRANCHISEE shall give each customer the option to terminate its customer subscription order without cause on 90 days notice to FRANCHISEE, if the customer is not delinquent in paying any fees for franchise services, and regardless of the following: 1. the term of a customer subscription order, or 2. whether or not the customer subscription order explicitly gives customer this termination right. (2) FRANCHISEE shall also give each of its customers the right to terminate service immediately in the event of emergency, or within two weeks if FRANCHISEE: • fails to provide franchise services in accordance with the terms of this Agreement or any agreement between the customer and FRANCHISEE; or • bills the customer for charges in excess of those agreed upon between the customer and FRANCHISEE. 5. No Charges. FRANCHISEE shall not impose a charge on a customer that terminates franchise service with or without cause, including liquidated damages, penalties, or bin or roll -off box removal fees. 6. Amended Customer Subscription Orders. However, FRANCHISEE shall do the following: • as of this franchise date, FRANCHISEE shall give customers a Bill of Rights explaining the evergreen prohibition and customers' termination rights; and • within 6 months of this franchise date FRANCHISEE shall amend its subscription orders to explicitly delete any evergreen provisions and grant customers their termination rights described in this Section. D. Repair and Replacement of Containers. Within two weeks of customer request or County direction, FRANCHISEE shall repair or replace containers that are damaged or constitute a threat to public health and safety (including keeping out rodents, flies, and other vectors). FRANCHISEE shall provide additional containers upon customer request. FRANCHISEE shall be bound by COUNTY's determination of whether a container is damaged or constitutes a threat to public health or safety. FRANCHISEE may charge customer for replacement of a recyclables cart. E. Overloaded Containers. If FRANCHISEE determines that a container is repeatedly filled beyond capacity, FRANCHISEE shall attach a notice to the 22 2012-FA001 Noa Exclusive Commercial Franchise container warning that FRANCHISEE will not collect the container the next time it is overloaded. In its quarterly report FRANCHISEE shall give the County a copy of the notice and indicate: (1) the service location, and (2) date of the infraction. FRANCHISEE shall not refuse to collect from container unless it previously: (1) attached a warning notice to the container and (2) gave a copy to the County. F. Litter Cleanup. FRANCHISEE shall clean up all litter caused by FRANCHISEE, including during collection and transport. FRANCHISEE shall staff and equip each collection vehicle with a broom and dust pan. G. Graffiti. FRANCHISEE shall remove graffiti from all containers, paint over graffiti on all containers, or replace containers with graffiti -free containers, within two County business days of: (1) observation by FRANCHISEE'S drivers; or (2) Director's request. SECTION 8 — OWNERSHIP OF SOLID WASTE; DISCLAIMERS A. Ownership. This Agreement does not purport to grant FRANCHISEE or COUNTY ownership over materials that FRANCHISEE's customers discard for pickup by FRANCHISEE or that FRANCHISEE handles under this Agreement. The right to possession or ownership of those materials shall be determined in accordance with law and any agreement between FRANCHISEE and its customers, and not as a result of this Agreement. Parties acknowledge that COUNTY has no ownership rights in solid waste or revenue from sale of recyclables. B. Disclaimer. COUNTY makes no representations or warranties with respect to characterization of solid waste within the COUNTY, any solid waste disposal characterization study, or projections by material type with respect to solid waste in the COUNTY. COUNTY expressly disclaims any representations and warranties, either express or implied, as to the merchantability or fitness of solid waste for any particular purpose. SECTION 9 - SETTING RATES AND CUSTOMER BILLING FRANCHISEE shall set, bill and collect fees for franchise services as agreed to with its customers. SECTION 10 - FRANCHISEE RECORDS; AUDITS 23 2012-FA001 Non -Exclusive Commercial Franchise A. Record Maintenance and Retention. "records" means any type of documentation relating to franchise services, including: (1) customer subscription orders and invoices, (2) complaint logs and customer correspondence; (3) weight tickets and receipts from solid waste facilities (including solid waste processing residual); (4) route maps and schedules, in sufficient detail to allocate solid waste collected within County and outside County on the same route, (5) receipts from recyclables, CED and E -waste transporters, shippers, brokers, beneficiators remanufacturers and purchasers, and (6) with respect to roll -off containers: • encroachment permits required bylaw, • container capacity, and frequency of container collection. Legal Requirements. FRANCHISEE shall maintain all records required under law, including: (1) records pertaining to solid waste collection, and disposal under County Code Section 20.72.160; and (2) records under Attachment 4. 2, Inter -jurisdictional Routes a. Acknowledgement. FRANCHISEE acknowledges that if FRANCHISEE erroneously attributes solid waste that FRANCHISEE collects in incorporated cities, other counties or Garbage Disposal Districts with solid waste that FRANCHISEE collects in the unincorporated areas of the COUNTY under this Agreement, then the COUNTY may be subject to fines for failure to divert solid waste from landfill disposal as required under AB 939. b. Obligation. FRANCHISEE shall comply with 14 CCR 18808.7 and maintain records used to prepare reports submitted to COUNTY, including jurisdiction of origin necessary to determine the weight of solid waste that FRANCHISEE collects in the service area. FRANCHISEE shall document the method by which it allocates solid waste collection route that includes a jurisdiction other than the COUNTY. 3. Disposal Records. FRANCHISEE acknowledges that COUNTY may need to respond to claims (including superfund claims under CERCLA) 24 2012-FA001 Non -Exclusive Commercial Franchise with respect to disposal of materials that FRANCHISEE handled under this Agreement. FRANCHISEE shall maintain records thereof, including: (1) quantity of solid waste collected under this Agreement; and (2) disposal location and its owner or operator (such as landfill; and incineration, composting or processing facility; or materials broker or purchaser.) FRANCHISEE shall retain those records for a period of at least five years after the expiration or termination of this Agreement. Thereafter, FRANCHISEE shall notify the Director at least 30 days before destroying those records. 4. Complaint Logs. FRANCHISEE shall enter, log, and maintain records of all complaints and their resolution in computerized format. At COUNTY'S request, FRANCHISEE shall immediately e-mail COUNTY those records and a complaining customer's subscription information. B. County Custody. If the Director believes that records may be lost, discarded, or destroyed, the Director may direct the FRANCHISEE to give COUNTY access to and custody of those records. FRANCHISEE shall promptly comply. C. Inspection and Audit. COUNTY, its staff and outside auditors may inspect, audit, and copy all records at FRANCHISEE'S office: (1) Notice: after advising FRANCHISEE by telephone or in writing five days in advance (or in extraordinary circumstances, less than five days), (2) Day: on any weekday (other than a County -recognized holiday), and (3) Hours: between the hours of 8 a.m. to 5 p.m. weekdays, and 8 a.m. to noon Saturdays. If FRANCHISEE's office is outside the COUNTY, FRANCHISEE shall promptly provide copies of those records to COUNTY at COUNTY'S offices. Within 30 days of COUNTY request, FRANCHISEE shall reimburse COUNTY for County's reimbursement cost of audit and copying expenses if the audit reveals a discrepancy of three percent or more between the amount contained in the records of the FRANCHISEE or a regulatory authority (such as the tons of solid waste collected and disposed or diverted, or the amount of FRANCHISEE'S gross receipts) and: (1) amount reported or paid to COUNTY; or (2) amount in any representation that FRANCHISEE made or information that it submitted to COUNTY. 25 2012-FA001 Non -Exclusive Commercial Franchise D. Copies. FRANCHISEE shall provide copies of Customers' names, addresses, and solid waste management service levels and charges to COUNTY promptly upon request. E. Public Records Request. COUNTY shall notify FRANCHISEE as soon as practicable if: (1) Request: COUNTY receives a request to review or copy material that FRANCHISEE has marked "Trade Secret," "Confidential", or "Proprietary' in which event FRANCHISEE may present arguments and facts to COUNTY in support of FRANCHISEE'S position that the material is entitled to an exemption from disclosure under the State Public Records Act and should not be released; (2) Non -Exemption: COUNTY determines that the material is not entitled to an exemption from disclosure and that it must be released, in which event FRANCHISEE may seek a court order enjoining that release; and (3) Exemption and Action: COUNTY determines that the material is entitled to an exemption from disclosure and the one who requested the material files a legal action seeking its release. If any legal action is filed, FRANCHISEE shall either file a motion to intervene in the action or shall accept the release of the material by COUNTY. COUNTY has no obligation to defend the action and will release the material sought, without liability to FRANCHISEE, should FRANCHISEE fail to intervene in said action. (4) Within 30 days of following COUNTY's request, FRANCHISEE shall pay County's Reimbursement Costs incurred with respect to any Public Record Request for FRANCHISEE's documents. SECTION 11 - COUNTY'S DIVERSION PRIORITIES A. Acknowledgements. FRANCHISEE acknowledges that one of COUNTY's primary reasons for entering into this Agreement is to implement recycling programs at commercial and multifamily premises. FRANCHISEE shall use its best efforts to implement measures intended to achieve COUNTY's source reduction, recycling, and waste stream diversion goals for solid waste it collects. FRANCHISEE shall use its best efforts to divert solid waste from disposal and cooperate with COUNTY in conducting solid waste characterization studies and waste stream audits. B. Recycling and Waste Diversion Plan. FRANCHISEE shall implement the Recycling and Waste Diversion Plan in its Request for Statement of Qualifications. Within one year from the date of this Agreement and each following year FRANCHISEE shall submit to the Director a 26 2012-FA001 Non -Exclusive Commercial Franchise report demonstrating FRANCHISEE'S implementation of its Recycling and Waste Diversion Plan. C. Scavenging- Discouragement. FRANCHISEE shall use reasonable efforts to enforce anti -scavenging laws, including: (1) Instituting civil actions against anyone alleged to have violated California Public Resources Code Section 41950 for treble damages, as measured by the value of the material removed, or a civil penalty of not more than $1,000.00, whichever is greater, for each unauthorized removal, under California Public Resources Code Section 41953; and (2) Taking actions under County Code Section 20.72.196 to discourage scavenging. SECTION 12 - REPORTS A. Types and Content. FRANCHISEE shall give COUNTY reports at COUNTY'S address provided for notices under Section 18C of this Agreement in format (such as electronic) and content required by COUNTY. Quarterly Reports. Within 30 days following the end of each quarter of the year, FRANCHISEE shall submit to COUNTY a combined report for each of the prior quarters in a format satisfactory to the County. Upon COUNTY request, FRANCHISEE shall provide its customer service list, including: (1) current and closed accounts, account numbers, and upon COUNTY further request, name associated with each account, (2) customer addresses, (3) level of service provided at each address, (4) additional services provided, (5) billing and payment dates, (6) incidents when FRANCHISEE left non -collection notices, (7) gross receipts from each customer, and (8) any other information associated with franchise services as requested by the Director. 2. Annual Report. On or before each August 1st, FRANCHISEE shall submit a report for the prior year to COUNTY in a format and media, and with content acceptable to the County, such as vehicle lists, discussion of recycling plan implementation and updated identification of required personnel. 27 2012-FA001 Non -Exclusive Commercial Franchise 3. Legally Required Reports. FRANCHISEE shall file all reports required under law, including County Code Section 20.72.50 (Area, Services, Rates and Schedules). 4. Improper Solicitations. FRANCHISEE shall immediately report any attempt by a COUNTY officer or employee to solicit improper consideration (including in the form of cash; discounts; service; or the provision of travel, entertainment, or tangible gifts), to: (1) COUNTY manager charged with the supervision of the employee; or (2) the COUNTY Fraud Hotline at (800) 554-6861 or www.lacountvfraud.org. Changes in Information FRANCHISEE shall update any information submitted in the Request for Statement of Qualifications within 30 days of any change in information, including changes in service, ownership, vehicles, or equipment. B. Additional Information. Promptly upon County request FRANCHISEE shall give County information relating to this Agreement (including substantiation of information submitted in reports to COUNTY). C. Statements and Information. FRANCHISEE represents that the information and documentation submitted by or on behalf of FRANCHISEE to COUNTY in connection with the following was correct and complete in all material respects at the time originally submitted and on the date of this Agreement. (1) applying for and securing its permit issued by the Los Angeles Department of Public Health; and (2) applying for and securing this Agreement. SECTION 13 - INDEMNIFICATION. A. Indemnification. FRANCHISEE shall indemnify COUNTY from and against all liabilities arising out of or in any way connected to this Agreement, including reimbursement to COUNTY for COUNTY liabilities to a third party (such as damages resulting from a suit against COUNTY by a customer). B. Release and Hold Harmless. FRANCHISEE shall release and hold harmless COUNTY from and against all liabilities arising out of or in any way connected to this Agreement, including not seeking reimbursement from COUNTY for Franchisee's liability to a third party (such as damages resulting from a suit against FRANCHISEE by a customer). 28 2012-FA001 Non -Exclusive Commercial Franchise C. Defense. Immediately upon commencement of any lawsuits, claims, complaints, causes of actions, or other demands brought against COUNTY for liabilities arising out of or in any way connected to this Agreement, FRANCHISEE shall: (1) defend COUNTY with counsel approved by COUNTY, or (2) fund County Reimbursement Costs of defense. COUNTY may retain co -counsel at its own cost and expense and FRANCHISEE shall direct FRANCHISEE's counsel to assist and cooperate with COUNTY co -counsel. FRANCHISEE is not obligated to indemnify, release, hold harmless, or defend County if County is found solely negligent by a court of competent jurisdiction after County has exhausted all appeals. D. Definitions. In this section, "COUNTY" includes political subdivisions, agencies, entities, or organizations for which the Board of Supervisors is the governing body, • their agents, officers, and employees, elected officials, assigns, volunteers, and special districts (including Garbage Disposal Districts), and each and every one of them. They are third party beneficiaries of provisions of this indemnity. "liabilities" includes: (1) lawsuits, claims, complaints, cause of actions and other demands, (2) citations, fine and other penalties, (3) investigations (such as costs of audits) related to another type of liability (such as a fine), (4) judgments, liens, cleanup orders, and damages in contract or tort, including the following: • personal injury or death, and • property damage, (5) losses, injuries, costs and expenses (including all costs and expenses of litigation, mediation or arbitration), such as the following: • attorneys' fees, whether County Counsel or Franchisee's staff attorneys or outside attorneys, accountants' fees, whether County Finance Director or outside accounts, appraisers' fees, • expert witness fees, and other detriments of every nature and description whatsoever, whether under State of California or federal law. Examples of liabilities arising out of this Agreement include operations, CalOSHA, immigration, enforcement of law, and disposal (unless COUNTY designates the disposal facility). 29 2012-FA001 Non -Exclusive Commercial Franchise Reference to "indemnification" or "indemnity" in this Agreement includes the indemnification, release, hold harmless or defense, or all of them, under this Section. SECTION 14 - INSURANCE. A. Insurance. FRANCHISEE shall obtain insurance that meets the COUNTY's specifications as required by law (including County Code Section 20.70.020) and Attachment No. 3. SECTION 15 - FINANCIAL ASSURANCE. A. Amount. FRANCHISEE shall obtain a performance bond (or other financial assurance acceptable to COUNTY in its sole discretion), payable to COUNTY and meeting COUNTY'S specifications, in the largest of the following amounts: (1) required by law (including County Code Section 20.72.040); (2) on the date of this Agreement, in the initial amount of $25,000, which is established by the COUNTY, and in each following franchise year (or if there are less than six months in the prior franchise year, that lesser number of months), 110 percent of the following amounts FRANCHISEE paid COUNTY during the first six months of the prior year: franchise fees and any other amounts owed to COUNTY (such as AB 939 fees), plus any other amounts payable to COUNTY, plus • any liquidated damages; or (3) other amount prescribed by COUNTY. The performance bond must be conditioned on faithful performance by FRANCHISEE of all the FRANCHISEE'S obligations under this Agreement, including payment obligations such as franchise fees. B. Surety. The performance bond must be executed by a corporate surety licensed to transact business (admitted) as a surety in the State of California. The corporate surety must have an A.M. Best Rating of not less than A:VII, unless otherwise approved by COUNTY. C. No Substitution. The performance bond may not allow the bond surety to substitute another person to perform franchise services. The performance bond must provide for payment of moneys to COUNTY, including payment of: (1) franchise fees; 30 2012-FA001 Non -Exclusive Commercial Franchise (2) any liquidated damages, late penalty payments, or County's reimbursement costs; and (3) any amount that FRANCHISEE paid to COUNTY, but is subsequently recovered from COUNTY in any bankruptcy or similar proceedings relating to FRANCHISEE. SECTION 16 - BREACHES AND DEFAULTS; SUSPENSION; TERMINATION; DEBARMENT A. Notice of Breach; Franchisee Cure. "breach" means any failure by FRANCHISEE to meet one or more of its obligations under this Agreement If the Director determines that FRANCHISEE is in breach, the Director may give notice to FRANCHISEE identifying and describing the breach. FRANCHISEE may request to confer with COUNTY within 30 days of FRANCHISEE's request. FRANCHISEE shall cure the breach within: (1) 30 days from the receipt of COUNTY'S notice (or with respect to a breach of the Child Support Compliance Program, 90 days after notice by the Los Angeles County's Child Support Services Department), or (2) a shorter period of time determined by COUNTY if COUNTY determines that the public health and safety so require. FRANCHISEE may request additional time to correct the breach, but COUNTY may accept or reject that request in its sole discretion. B. Defaults, Notice, Suspension and Termination 1. Defaults. "default" means any of the defaults described in the table below. 2. Suspension of Agreement Together with any other rights or remedies COUNTY may exercise under this Agreement, the Director may suspend this Agreement, in whole or in part, upon occurrence of default and immediate notice. The suspension shall continue only until FRANCHISEE demonstrates to COUNTY that FRANCHISEE can once again fully perform its obligations under this Agreement. 3. Termination. Together with any other rights or remedies that COUNTY has under this Agreement, the Director may terminate this Agreement 31 2012-FA001 Non -Exclusive Commercial Franchise effective on the "Termination Date" in whole or in part, upon the occurrence of any default in the following table. However, the Director in his or her sole discretion may choose any longer or shorter "Termination Date" following COUNTY notice to FRANCHISEE upon determination that the public health and safety so require: 32 2012-FA001 Nm -Exclusive Commercial Franchise TERMINATION DEFAULT DATE (No. days following COUNTY notice to FRANCHISEE of default) (1) Uncured (1) FRANCHISEE does not cure any breach 30 days or repeated of this Agreement other than breaches breach listed as specific defaults in (2) — (10) of this table, within 30 days of County notice of such breach under Section 16A, unless due to uncontrollable circumstances; or (2) FRANCHISEE repeatedly or habitually breaches this Agreement, as determined by the Director in his or her sole discretion, whether or not a FRANCHISEE has previously cured a specific instance of failure or refusal. (2) Failure to Unless due to uncontrollable circumstances, 30 days collect for 7 FRANCHISEE fails to provide franchise days services (other than under Attachment No.2 Roll -off Boxes) for a period of: (1) 7 consecutive days following any scheduled collection date; or (2) 7 days in the aggregate from the date of this Agreement. (3) Failure to FRANCHISEE fails to provide franchise 30 days collect for services for more than 7 consecutive days, more than whether or not due to uncontrollable Ida s circumstances (4) Payments FRANCHISEE does not fully and timely pay 30 days to County COUNTY any amounts under this Agreement (including payment of franchise fees and liquidated damages): 32 2012-FA001 Nm -Exclusive Commercial Franchise 33 2012-FA001 Non -Exclusive Commercial Franchise (1) more than twice in any year; (2) within 30 days of dated correspondence from the COUNTY stating that payment is due; or (3) with respect to payment of a shortfall in franchise fees, within 30 days of dated correspondence from the COUNTY identifying the shortfall. (5) Specified FRANCHISEE breaches any of its 30 days defaults obligations under this Agreement with respect to the following: (1) Child Support Compliance Program (if not cured within 90 days of notice); (2) Compliance with ILO Convention Concerning Minimum Age for Employment; (3) Nondiscrimination; (4) County Lobbyist Ordinance, or (5) County Defaulted Property Tax Ordinance. (6) Improper COUNTY finds that FRANCHISE offered or immediately consideration gave consideration, in any form, either directly or through an intermediary, to any COUNTY officer, employee, or agent: (1) with the intent of securing this Agreement; (2) with the intent of securing favorable treatment with respect to the award, amendment, or extension of this Agreement; or (3) with respect to the making of any determinations by COUNTY with respect to FRANCHISEE'S performance under this Agreement. Consideration may take any form including cash; discounts; service; or the provision of travel, entertainment, or tangible gifts. (7) Material or (1) FRANCHISEE does not remedy a immediately repeated material violation of law directly or violation of indirectly related to: law a franchise services or this Agreement, 33 2012-FA001 Non -Exclusive Commercial Franchise 34 2012-FA001 Non -Exclusive Commercial Franchise • any other agreement with County, or • business administration of FRANCHISEE (such as tax or securities law violations), to the satisfaction of the applicable regulatory authority (including COUNTY when acting as a regulatory authority), within 30 days of the regulatory authority's notice, assessment, or determination of that violation. The Director in his or her sole discretion shall determine materiality. (2) FRANCHISEE repeatedly or habitually violates law, as determined by the Director in his or her sole discretion, whether or not FRANCHISEE has previously cured a specific violation of law. If FRANCHISEE is entitled to and does contest a notice, assessment, or determination of a violation by proceedings conducted in good faith, no default is deemed to have occurred until a final decision adverse to FRANCHISEE is entered. (8) Failure to FRANCHISEE does not meet its obligations immediately meet with respect to insurance and other insurance / assurances of its performance under this bond Agreement. obligations 34 2012-FA001 Non -Exclusive Commercial Franchise (9) Insolvency (1) FRANCHISEE becomes insolvent or or bankruptcy files a voluntary petition to declare bankruptcy; (2) a receiver or trust is appointed for FRANCHISEE; or (3) FRANCHISEE executes an assignment for the benefit of creditors. FRANCHISEE is deemed to be "insolvent" if it has ceased to pay its debts in the ordinary course of business or cannot pay its debts as they become due, whether or not FRANCHISEE has committed an act of bankruptcy and whether or not FRANCHISEE is insolvent within the meaning of the federal bankruptcy law or not. (10) fraud, During the procurement of this Agreement or 30 days misrepresenta after the date of this Agreement, tion, or FRANCHISEE does any of the following with breach of respect to this Agreement or the COUNTY: warranties 1. committed (or commits or attempts to commit) any fraud or deceit, 2. made (or makes) any intentional or material misrepresentations; 3. breaches any warranties, or 4. made or (or makes) any materially false or misleading statement, representation, or warranty. C. FRANCHISEE Responsibility and Debarment. COUNTY may debar FRANCHISEE from contracting or doing business with COUNTY in the following events: (1) after giving public notice and conducting a hearing under County Code Chapter 2.202, COUNTY determines that FRANCHISEE (or any of its subcontractors) is not responsible within the meaning of Chapter 2.202 and in accordance with COUNTY'S policy to do business with responsible contractors; (2) FRANCHISEE does not comply with the Child Support Compliance Program under County Code Section 2.200.020; or (3) FRANCHISEE does not comply with County Defaulted Property Tax Reduction Program. COUNTY may debar FRANCHISEE as provided in Subsection D below. 35 2012-FA001 Non -Exclusive Commercial Franchise D. Termination For Breach of Warranty to Maintain Compliance With County Defaulted Property Tax Reduction Program. 1. Acknowledgement. FRANCHISEE acknowledges that COUNTY has established a goal of ensuring that all individuals and businesses that benefit financially from COUNTY through contract are current in paying their property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon the COUNTY and its taxpayers. Unless FRANCHISEE qualifies for an exemption or exclusion, FRANCHISEE warrants and certifies to the best of its knowledge, that on the date of this Agreement it is in compliance with County Code Chapter 2.206. 2. FRANCHISEE Default. Failure of FRANCHISEE to maintain compliance with the requirements set forth in Subsection D1 constitutes a default under Subsection B. 3. Termination/Debarment. Without limiting COUNTY'S available rights under any other provision of this Agreement, if FRANCHISEE fails to cure a default within ten days of COUNTY notice, COUNTY may: (1) terminate this Agreement under Subsection B, and (2) pursue debarment of FRANCHISEE pursuant to County Code Chapter 2.206 and Subsection C. E. Convenience. 1. COUNTY Right. COUNTY may suspend or terminate all or a portion of this Agreement at any time upon determining, in its sole discretion, that suspension or termination is in its best interest. 2. Notice. Suspension or termination shall become effective on the later of the following dates: (1) the date that COUNTY specifies in notice to FRANCHISEE, or (2) Ten days after COUNTY sends the notice. The notice shall also specify the extent to which this Agreement is suspended or terminated. 3. Stop Providing Franchise Services. After receiving notice FRANCHISEE shall: 36 2012-FA001 Non -Exclusive Commercial Franchise (1) stop providing franchise services on the date and to the extent specified in the notice or as otherwise directed by COUNTY; and (2) continue providing franchise services to the extent (if any) specified in the notice. SECTION 17 - ENFORCEMENT OF AGREEMENT A. As Provided by Law. Either party may avail itself of any remedy available under law. B. County's Additional Remedies. Without limiting COUNTY'S remedies otherwise available under this Agreement, in law or at equity, at its option COUNTY may enforce a breach in one or more of the following ways: (1) if that breach is a default, execute alternative agreements to provide franchise services similar to those under this Agreement; (2) seek to obtain injunctive relief and/or damages; or (3) assess damages. C. Injunctive Relief. FRANCHISEE acknowledges that COUNTY'S remedy of damages for a breach may be inadequate for many reasons, including the urgency of providing franchise services to protect the public health and safety. Consequently, COUNTY is entitled to all available equitable remedies, including injunctive relief. D. Recovery of Damages. COUNTY may draw upon FRANCHISEE's performance bond or any other instrument of performance assurance to pay damages. Compensatory. COUNTY may seek compensatory damages, including: (1) amounts equal to any franchise fees, liquidated damages or other amounts that FRANCHISEE has paid to COUNTY but that are subsequently recovered from COUNTY by a trustee in bankruptcy as preferential payments or otherwise; and (2) the full amount of any commission, percentage, brokerage or contingent fee proscribed under the County Code. 2. Liquidated. The parties acknowledge: (1) COUNTY incurred considerable time and expense procuring this Agreement in order to secure an improved level and quality of recycling and compliance with solid waste diversion mandates; 37 2012-FA001 Non -Exclusive commercial Franchise (2) Consistent and reliable franchise services, including collection of putrescible wastes that attract vermin and vectors are of the utmost importance to the public health, safety, and well being of residents and businesses in COUNTY; and (3) The following liquidated damages represent a reasonable estimate of the amount of damages, considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to COUNTY that reasonably could be expected and anticipation that proof of actual damages would be costly or inconvenient. SECTION FAILURE(sr DAMAGES Under cited sections 3C dispose of rec clables or mix them with refuse $1001container 3F, 3G deliver materials to solid waste facilities selected by $300/truck- FRANCHISEE or designated by COUNTY delivery 4A collect during unauthorized hours six or more times $250 er ear Through- provide documentation for COUNTY review or $300/day per out comment; or obtain any COUNTY approval, consent occurrence or or other permission retraction/ correction of misinformation 4B,C,D meet service standards for litter, leaks and noise five $150 or more times per year 4F(1), (3) return COUNTY calls, e-mails or correspondence two $500 & 4 or more times within 30 consecutive days 4F(2) meet with COUNTY two or more times per year $500 6B follow waste screening protocol $500 6D mark any bin and roll -off box with discard prohibitions $50 7C6 timely provide customer with Bill of Rights $100/day per customer 7C6 timely amend its subscription orders with respect to $100/day per the evergreen prohibition and customers' termination customer rights 7C6 terminate customer subscription upon qualifying $100/day per customer's request customer 7D repair or replace containers $500 7E collect or tag overloaded containers $100 7F clean up litter caused by FRANCHISEE $100 7G remove any graffiti within required times $100 10A2 mis-allocate ten percent or more tons of solid waste $5/route-day to County 10A4 enter log of/maintain/supplyof/maintain/supply complaint records $100 38 2012-FA001 Non -Exclusive Commercial Franchise 10A4 e-mail COUNTY complaint information six or more $100 times/ ear 10C allow COUNTY to inspect, audit or copy records $150/da Attachment any other liquidated damage in Attachment No. 1 or As scheduled in 1 Attachment No. 2 the Attachment Section 10; submit complete and correct information or reports on Until corrected or Through- time: completed: out (1) $200/day (1) quarterly, (2) $300/day (2) annually, (3) $150/day (3) as required by AB 939 or County Code, or (4) $100/day 4 any other time required under this Agreement. 'Reference to "failure" refers to each occurrence of specified breach (such as for each customer and each customer's bin and roll -off box set out site, record entry, or complaint) and not for aggregate occurrences of those breaches (such as for all customers on a given route or day). By placing its initials below, each party specifically confirms: (1) the accuracy of the statements made in this Subsection; and (2) that it has had ample opportunity to consult with legal counsel and obtain an explanation of liquidated damage provisions prior to signing this Agreement. FRANCHISEE COUNTY Initial Here: Initial Here: E. County's Reimbursement Costs. FRANCHISEE shall pay COUNTY promptly upon Director's request County's reimbursement costs of: (1) conducting a nonroutine investigation of any alleged breach; and (2) incurred as a consequence of breach. F. Waiver. COUNTY's waiver of any specific breach is not a waiver of any other breach of that same provision. COUNTY's failure to enforce this Agreement is not a waiver of any breach. SECTION 18 - GENERAL PROVISIONS A. Independent Status. FRANCHISEE is an independent entity and not an officer, agent, servant, or employee of COUNTY. This Agreement is between COUNTY and FRANCHISEE and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association between COUNTY and FRANCHISEE, including for purposes of 39 2012-FA001 Non -Exclusive commercial Franchise workers' compensation. FRANCHISEE is solely responsible for the acts and omissions of its officers, agents, employees, and any subcontractors. B. Venue, Service of Process. In the event of litigation between the parties, venue shall lie exclusively as follows with respect to litigation in California courts, trial courts located in the COUNTY, or with respect to litigation in a United States District Court, located in the Central District of California. FRANCHISEE shall accept service of process at the address provided for notices from COUNTY under this Agreement. C. Notices. "notices" (or other variations thereof, such as "notify) given by either party to the other under this Agreement must be: (1) Written: in writing, (2) Means: delivered by the following means (which shall be effective at the following times): • personal delivery (effective immediately); • sent by e-mail with "read" receipt or telecopier with "transmission" (3) receipt (effective immediately); or • registered or certified mail, return receipt requested, (effective three days after mailing); Address: addressed as follows (or to other address provided by a party, dated and acknowledged by the other party): with respect to the COUNTY: County of Los Angeles Department of Public Works Environmental Programs Division 900 South Fremont Avenue Alhambra, CA 91803 Attn: County's Authorized Representative: Paul Alva Facsimile Number: 626.458.3569 E-mail: Palva-dpw.lacountv.gov with respect to FRANCHISEE, to the individual contact and address provided in the Request for Statement of Qualifications SECTION 19 - DEFINITIONS AND INTERPRETATION OF AGREEMENT A. Definitions. For ease of reading, most words that are defined terms in this Agreement are not capitalized. Words in this Agreement have the meanings given in the References or text of this Agreement, regardless of whether or not they are capitalized. 40 2012-FA001 Non -Exclusive Commercial Franchise B. Construction. If any provision of Sections 1 through 20 of this Agreement or its References is inconsistent or conflicts with any attachment or exhibit (other than Attachments No. 1 and No. 2), then the provision governs unless the Director determines that it is contrary to the public health and safety or other public interest. C. Integration. This Agreement contains the entire agreement between the parties with respect to their rights and responsibilities under this Agreement. This Agreement completely and fully supersedes all prior oral and written understandings and agreements between the parties with respect to those rights and responsibilities. However, the parties acknowledge that the following are incorporated in this Agreement by reference: (1) portions of the Request for Statement of Qualifications referenced in this Agreement; and (2) provisions of law under Section 4A. D. Governing Law. This Agreement is governed by, and construed and enforced in accordance with, the law of the State of California, without giving effect to the State's principles of conflicts of laws. E. Severability. If any provision of this Agreement (other than with respect to COUNTY designation of a solid waste facility) is ruled illegal, invalid, nonbinding or unenforceable by any court of competent jurisdiction, it is severed from this Agreement and this Agreement must be construed as if it did not exist. F. Interpretation. This Agreement shall be interpreted and construed neither for nor against either party, regardless of the degree to which either party participated in its drafting. FRANCHISEE acknowledges that it determined to provide franchise services and to enter into this Agreement upon its own choice and initiative. Each party represents and warrants that it and its counsel have reviewed this Agreement. FRANCHISEE shall not make any claim against COUNTY based on any estimates, statements or interpretations made by any officer, employee, agent, or consultant of COUNTY in connection with the procurement of this Agreement, which proves to be wrong in any respect. SECTION 20 - EXECUTION OF AGREEMENT A. Execution in Counterparts. This Agreement may be signed in any number of original counterparts, which constitute but one and the same agreement. B. Authority to Execute. Each party respectively warrants as follows: 41 2012-FA001 Non -Exclusive Commercial Franchise (1) It has duly authorized the individual below to sign this Agreement on its behalf, and (2) that individual has the full right, power, and authority to bind its related party to this Agreement. IN WITNESS WHEREOF, by order of its Board of Supervisors COUNTY has caused Director of Public Works to sign this Agreement, and FRANCHISEE has caused its duly authorized officers to sign this Agreement, on the respective dates written below their names. APPROVED AS TO FORM: JOHN F. KRATTLI Acting County Counsel M Deputy COUNTY OF LOS ANGELES M Director of Public Works BURRTEC WASTE INDUSTRIES, INC. M Its President Type or Print Name By Its Secretary Type or Print Name 42 2012-FA001 Non -Exclusive Commercial Franchise ATTACHMENT NO. 1 (Section 3A) - FRANCHISE SERVICES A. MANDATORY RECYCLING. 1. Service Options. FRANCHISEE shall provide each customer that must receive recyclables collection service under law, including provisions attached as Exhibit D, one of the following recycling service options without additional charge: (1) a one cubic yard recyclable bin, collected weekly; (2) if customer does not have space for storing a one cubic yard bin, then upon customer request, up to two -96 gallon recyclable carts; or (3) any other recycling program allowed under Exhibit D, such as processing solid waste at a MRF to recover recyclables. Within four months of COUNTY direction, FRANCHISEE shall also provide each customer identified by COUNTY with one of the preceding recycling service options, without charge. For example, COUNTY may direct FRANCHISEE to provide recycling service for customers that discards less than 4 cubic yards of refuse per week. FRANCHISEE shall provide recycling service whether or not customer requests it. 2. Additional Recycling Services and Charges. If FRANCHISEE provides service options (1) or (2) in subsection Al, within one week of a customer's request, FRANCHISEE shall provide that customer with an additional container of the type and in the capacity requested by the customer and collect it at the frequency requested by the customer. FRANCHISEE shall charge customer 1/2 of the rate it charges for the same type and capacity of refuse container and same frequency of refuse collection service. FRANCHISEE shall not identify or itemize any charge for recycling for customer, including on customers invoices. 3. Diversion. FRANCHISEE shall collect and recycle or otherwise divert from disposal the recyclables discarded in these containers. B. VOLUNTARY RECYCLING. Within one week of request by a customer that is not subject to mandatory recycling service under Subsection A, FRANCHISEE shall provide customer the franchise services described in Subsection A above. C. VISIT AND AUDIT. FRANCHISEE's Recycling Coordinator described in Subsection D2 (or other individual trained and supervised by the Recycling 43 2012-FA001 Non -Exclusive Commercial Franchise Coordinator) shall visit the premises of FRANCHISEE's customers that are subject to mandatory recycling services under Subsection A at the following times: (1) during the first 12 months after this franchise date, all customers; and (2) after those first 12 months, each of those customers every other franchise year; or (3) at the frequency required by law. At each visit, FRANCHISEE shall conduct the following audit, without additional charge: (1) review the customer's franchise service subscription, including the number and size of customer's bins and roll -off boxes for refuse and recyclables, respectively, and collection frequency; (2) conduct a waste characterization by visually inspecting customer's discards and estimating amount of recyclables and refuse; (3) note any other recycling programs, such as self -hauling recyclables to a MRF or subscribing to third -party recycling services (such as corrugated cardboard collection); (4) develop and recommend a waste reduction and recycling plan based on business type and/or multifamily that the customer could implement to reduce and divert solid waste, as well as available solid waste diversion programs; and collection frequency, and provide a written copy of such practices; (5) make any recommendations in writing to change the customer's franchise service subscription, including changing the number, size, and type (such as solid waste or recyclables) or collection frequency of containers in order to provide adequate refuse disposal service but also maximize recyclables diversion; (6) check each customer's containers to monitor: • Participation: recyclables discarded in refuse containers, and • Contamination: refuse and other contaminating materials discarded in recyclables containers; (7) Identify manufacturing or processing residual, and estimate its volume, (8) check customer's premises for posting of educational materials required under FRANCHISEE'S Recycling and Waste Diversion Plan in its Request for Statement of Qualifications, such as recycling posters in multifamily common rooms; (9) identify why a customer is not recycling, for example: • zoning conflicts, • lack of storage space, 44 2012-FA001 Non -Exclusive Commercial Franchise • lack of markets, • non generation of recyclable materials, • customer with verifiable recycling program, or ■ unwillingness; and (10) Investigate other matters requested by County. If FRANCHISEE'S auditor is unable to meet with someone at customers premises who is authorized to order franchise services, or if a business is closed, FRANCHISEE shall leave a "Sorry we missed you card" with contact information and recycling information acceptable to COUNTY. FRANCHISEE's auditor shall note the date and time of his or her visit and return again within ten days of that date. FRANCHISEE shall visit all of its customers each year. 2. Report. FRANCHISEE shall submit an audit report to COUNTY quarterly or within one week of COUNTY request, including: (1) date of visit to customers premises; (2) address and type of premises; (3) the customer's service subscription at the time of the visit (including number, size, and type - such as solid waste or recyclables - or collection frequency); (4) any FRANCHISEE recommendations to increase solid waste reduction and recycling/diversion; and (5) any additional information requested by the Director. FRANCHISEE shall use reasonable efforts to complete and to submit reports electronically. 3. Information. Within one week of COUNTY request, FRANCHISE shall submit a copy of the information on solid waste reduction and diversion practices and any recommendation that FRANCHISEE provides to any customer. D. CUSTOMER EDUCATION AND OUTREACH Bi -annual Newsletter. Twice each year, FRANCHISEE shall prepare promotional and educational materials/newsletters in the bilingual form required by the Director promoting solid waste reduction, recycling, and diversion. FRANCHISEE shall submit the materials to Director for review on each January 1 and July 1. Within 30 days of Director's accepting the materials FRANCHISEE shall distribute them to its customers, which may be electronically, upon customer request: (1) via the U.S. Postal Service with prepaid postage, or 45 2012-FA001 Non -Exclusive Commercial Franchise (2) door-to-door delivery service to customer's premises. FRANCHISEE shall also distribute them to new customers together with the Customer Subscription Form and Customer Bill of Rights. 2. Recycling Coordinator. FRANCHISEE shall employ or retain an individual qualified to conduct customer waste surveys and developing site-specific plans for recycling, reduction, and diversion of solid waste generated by customers. "Recycling Coordinator" means the person described in this Subsection. E. VEHICLES. FRANCHISEE shall give COUNTY a list of all vehicles that FRANCHISEE uses to provide services under this Agreement on the date of this Agreement. FRANCHISEE shall give COUNTY an updated list annually or upon one week's request of COUNTY. FRANCHISEE shall provide franchise services with vehicles that comply with law, including: (1) South Coast Air Quality Management District rules and regulations, including Rule 1193, Clean On -Road Residential and Commercial Refuse Vehicles; (2) California Health and Safety Code Section 43000 et seq., with respect to air emissions (smog checks); (3) California Vehicle Code Section 27456b, with respect to tires; (4) California Vehicle Code Section 34500 et seq., with respect to vehicle safety, including bi-annual "BIT" inspections conducted by the California Highway Patrol; (5) rules and regulations promulgated under the California Vehicle Code with respect to vehicle highway lighting, flashing, and warning lights, clearance lights, and warning flags; (6) rules and regulations of the California Department of Motor Vehicles with respect to vehicle registration and weight limits; (7) the appropriate class of drivers' licenses issued by the California Department of Motor Vehicles; (8) Control Measure for Diesel Particulate Matter from On -road Heavy - Duty Residential and Commercial Solid Waste Collection Vehicles, 13 CCR 2020 et seq.; (9) 14 CCR 17341, 17342, 17343, and 17344, with respect to equipment construction, safety, and parking and identification of operating equipment; (10) permit conditions under County Code Section 20.68.050 , and (11) decals 46 2012-FA001 Non -Exclusive Commercial Franchise F. SPECIAL SERVICES FOR RESIDENTIAL AND MULTIFAMILY CUSTOMERS. FRANCHISEE shall provide the franchise services prescribed in this Section without additional charge to its residential and multifamily customers. 1. Holiday Tree Collection. FRANCHISEE shall collect, transport, process, and divert all holiday trees such as Christmas trees and Hanukkah bushes discarded at any customer's container set -out site, on or before the customer's next regularly scheduled collection day: (1) during the period beginning December 26 and ending January 14, or (2) another period established by COUNTY not to exceed three weeks, and at a Customer's request. Holiday trees must stripped of ornaments, garlands, tinsel, Flocking, and stands. 2. Bulky Items, E -waste, and CEDs Collection. FRANCHISEE shall provide bulky item, E -waste and CEDs collection to customers through service option b or c in subsection F2 below and shall inform the County of the selected service option per customer through the Quarterly Report. a. "bulky item". "bulky item" means any large item of solid waste that can be safely lifted by two individuals using a dolly, including the following: (1) discarded furniture (such as chairs, sofas, mattresses and rugs); (2) appliances (such as refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing and other similar items commonly known as "white goods"); and (3) up to two tires per customer from passenger cars or pickup trucks. b. Five On -Call Pickups Per Year Without Additional Charge; Additional Pickups. FRANCHISEE shall collect no more than five bulky items and unlimited E -waste and CEDs per pick up upon 24 hours advance request of a residential or multifamily customer on that customer's next regularly scheduled collection day or other date agreed to between that customer and FRANCHISEE, at that customer's regular site for placing solid waste containers but not in any roadway or other public right of way. FRANCHISEE shall collect those materials without charge five times each year, but may charge amounts agreed to between FRANCHISEE and customer 47 2012-FA001 Non -Exclusive Commercial Franchise for a 6`h or more time that same year. "Customer' does not include individual tenants in a multifamily residence. FRANCHISE shall use reasonable efforts to recycle bulky items, E -waste and CEDs. C, Annual Cleanup Event. FRANCHISEE shall collect unlimited amounts of bulky items and E - waste and CEDs of a residential or multifamily customer on the date agreed to between that customer and FRANCHISEE, at that customer's regular site for placing solid waste containers but not in any roadway or other public right of way. FRANCHISEE shall collect those materials at no charge. d. Personal Contact Annually. At least once each year FRANCHISEE shall talk with or meet in person the owner or superintendant of a multifamily residence and schedule the annual cleanup event. Leaving voice mail messages or sending e-mails to which no one responds does not satisfy this obligation. 3. Sharps Program a. Distribution of Storage and Mailing Containers. Within one week of a residential or multifamily customer's request or multifamily customer's tenants' request for the following franchise services, FRANCHISEE shall provide customer or tenant at that customer's premise, without additional charge to that customer, the tenant or the COUNTY, with one to four container(s) satisfactory to County that has at least a one gallon capacity for discard of sharps. On each container FRANCHISEE shall attach information acceptable to County on the manner (including locations) in which the customer or tenant can dispose of sharps in accordance with applicable law. b. "Sharps". "Sharps" means any item generated by a residential or multifamily customer at their premises having comers, edges, or projections capable of cutting or piercing the skin to deliver injections or for medical purposes, including: (1) hypodermic, pen or intravenous needles, (2) needles with syringes, (3) needles from vacutainers, (4) needles with attached tubing, and (5) lancets. 48 2012-FA001 Non -Exclusive Commercial Franchise G. SPECIAL SERVICES FOR COMMERCIAL CUSTOMERS. 1. FRANCHISEE shall collect unlimited amounts of bulky items, E -waste, and CEDs upon 24 hours advance request of a commercial customer who subscribes to franchise service for commercial premises, on that customers next regularly scheduled collection day or other date agreed to between that customer and FRANCHISEE for the charge agreed to between FRANCHISEE and customer. H. FOOD DIVERSION PLAN. 1. Director -approved Plan. Within three months from the date of this agreement FRANCHISEE shall give the Director a plan for diverting solid waste comprised of food waste generated at commercial customers' premises. Examples of diversion include arranging for delivery to food banks, and composting or bioconversion process. Examples of commercial customers premises include: (1)the following businesses identified by Office of the Assessor property use classification codes: • 1400-1420: Supermarkets, Small Food Stores • 2100-2120: Restaurants, Fast Food Restaurants (Walk Up and Drive Up) • 3400-3420: Food Processing Plants • 6100-6900: Theaters, Bowling Alleys, Athletic and Amusement Facilities • 7200-7202: Private Schools • 7500: Homes for Aged and Others, and (2) other businesses identified by COUNTY: FRANCHISEE shall incorporate Director's comments on the plan, if any, into the plan. 2. Service. Upon a commercial customer's request, FRANCHISEE shall provided services described in its food diversion plan, subject to agreement with the customer on any additional charge. 3. Customer Information: Containers. Prior to commencing service, FRANCHISEE shall: 49 2012•FA001 Non -Exclusive Commercial Franchise (1) inform each applicable customer of program implementation (including discard and set -out instructions, collection schedules, commencement date and cost, if applicable); and (2) provide customers with sufficient number and capacity of containers to store discarded food waste pending collection. 4. Plan Implementation. Within six months from the date of this Agreement, FRANCHISEE shall begin diverting food under its Director - accepted plan. 50 2012-FA001 Non -Exclusive Commercial Franchise Leis Intentionally Blank 51 2012-FA001 Non -Exclusive Commercial Franchise ATTACHMENT NO. 2 (Section 3A) - FRANCHISE SERVICES AND SERVICE SPECIFICATIONS FOR ROLL -OFF BOXES A. Container delivery. FRANCHISEE shall deliver a bin or roll -off box to any set - out site, at any time, and at a charge agreed to, between FRANCHISEE and customer. FRANCHISEE shall not leave the roll -off box or bin unless the customer provides FRANCHISEE with a copy of any encroachment permit required under County Code. Customers may keep on-call roll -off boxes for five weekdays or other time as agreed to between FRANCHISEE and Customer, not counting the delivery and removal days. B. Container pick up. FRANCHISEE shall pick up the bin or roll -off box at a time agreed to with customer. C. Diversion. FRANCHISEE shall use reasonable efforts to divert all materials that it collects under Subsection B above. FRANCHISEE shall divert soil, rock and gravel; other C&D debris, and inert materials at the levels prescribed in County Code 20.87.040. FRANCHISEE shall transport and deliver materials that cannot be diverted to the FRANCHISEE -selected or COUNTY designated solid waste facility. 52 2012-FA001 Non -Exclusive Commercial Franchise ATTACHMENT NO. 3 (Section 14) INSURANCE REQUIREMENTS A. PROGRAMS. Without limiting its indemnities, and in the performance of this Agreement and until all of its obligations pursuant to this Agreement have been met, FRANCHISEE shall provide and maintain the following programs of insurance at its own expense. Obligations under this attachment are in addition to and separate from any other obligation in this Agreement. COUNTY reserves the right to review and adjust the insurance requirements in this attachment if County determines that there have been changes in risk exposures. COUNTY makes no warranty that the insurance coverage terms, types and limits in this attachment is sufficient to protect the FRANCHISEE for liabilities that may arise from or in relation to this Agreement. 1. Primary, Excess, Non -Contributory. All FRANCHISEE'S insurance shall be primary with respect to any other insurance or self-insurance programs available to COUNTY. 2. Cancellation of or Changes in Insurance. FRANCHISEE shall provide COUNTY with, or FRANCHISEE's insurance policies shall contain a provision that COUNTY shall receive, written notice of: Cancellation of required insurance, or any change in required insurance, including insurer, limits of coverage, term of coverage. or policy period. FRANCHISEE shall provide the written notice to COUNTY at least: days in advance of cancellation for nonpayment of premium and 30 days in advance for any other cancellation or policy change. The written notice cannot include language with respect to "endeavor" or exculpation for "failure to do so". 3. Noncompliance. Neither the County's COUNTY'S receipt of, or failure to object certificate or endorsement or any other infonnation provided by the FRANCHISEE, insurer(s), shall be construed as a waiver attachment. If FRANCHISEE does not programs of insurance, COUNTY may insurance coverage without further notice to may charge FRANCHISEE any premium co 53 failure to obtain, nor the to a noncomplying insurance insurance documentation or its insurance broker(s) and/or of any obligation under this provide and maintain those elect to purchase required FRANCHISEE, and COUNTY sts advanced by COUNTY for 2012-FA001 Non -Exclusive Commercial Franchise that insurance and draw on the performance bond, letter, of credit, or other form of performance assurance provided by FRANCHISEE. FRANCHISEE must comply with all terms of insurance and insurers. However, Insurance must obligate the insurer to pay COUNTY claims that are covered under the policy even if FRANCHISEE or COUNTY does not comply with all policy requirements or duties (such as failing to report an incident or claim in a timely manner, law, allowing operations or use of the Project not permitted under the policy, or making misrepresentations). 4. Evidence of Insurance: COIs and copies of policies. On the date of this Agreement and thereafter 30 days prior to each policy renewal and also within two County business days of any COUNTY request, FRANCHISEE shall deliver a certificate or certificates of insurance or other evidence of coverage acceptable to the Director at the address provided for Notices. Certificates or other evidence must: a. Agreement, Insured and Insurers (1) specifically identify this Agreement by name or number; (2) name the insured party that matches the name of FRANCHISEE executing this Agreement; (If FRANCHISEE's direct (or indirect) parent is the named insured, the DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS in the COI must state that FRANCHISEE is also a named insured under all listed policies); (3) provide the full name of each insurer providing coverage and the insurer's NAIC (National Association of Insurance Commissioners) identification number, (4) and each insurer's financial rating. b. Types and limits: (1) Clearly evidence all coverage, types and limits required in this Agreement. Coverage may consist of a combination of primary and excess policies. Excess policies must provide coverage as broad as ("follow form" over) the underlying primary policies; (2) Identify standard policy forms or their equivalent. c. Attach additional endorsements: (1) Additional Insured Endorsements. Include copies of the additional insured endorsements to General Liability Policy which must add COUNTY and its Special Districts, elected officials, 54 2012-FA001 Non -Exclusive Commercial Franchise officers, agents, and employees as additional insureds with respect to liability arising out of ongoing and completed franchise services, and applicable with respect to liability and defense of suites arising out of FRANCHISEE'S acts or omissions, whether that liability is attributable to the FRANCHISEE or the COUNTY. The full policy limits and scope of protection must apply to each of those additional insureds even if those limits or scope exceed the minimum required insurance specifications in this Agreement. FRANCHISEE may use an automatic additional insured endorsement if the endorsements meet the requirements of this attachment. (2) Waiver of Subrogation Endorsements. Include copies of subrogation endorsements necessary to effect FRANCHISEE'S waiver of its and its insurer(s)' rights of recovery against County under all insurance, to the fullest extent permitted by law. (3) Primary, Excess, Non -Contributory. All insurance must be primary with respect to any other insurance or self-insurance programs available to COUNTY. (4) Pollution Endorsement to Automobile Liability, or equivalent, must remove any pollution and asbestos exclusion from the policy. (5) Insured -vs. -Insured. If a policy of Insurance contains an insured -vs. -insured provision, it must be endorsed to provide cross -liability coverage as would be afforded by the standard ISO separation of insureds provision with no insured -vs. -insured exclusions or limitations. (6) Full Policy Limits and scope of protection must apply to each additional insured even if those limits or scope exceed the minimum required specifications for insurance in this Agreement. d. Deductibles and SIRS. Identify any retained losses, deductibles or self-insured retention ("SIR") exceeding $50,000 for COUNTY'S approval. FRANCHISEE'S policies shall not obligate COUNTY to pay any portion of any FRANCHISEE retained loss, deductible or SIR. COUNTY retains the right to require FRANCHISEE to reduce any deductibles or self-insured retention as they apply to COUNTY or to require FRANCHISEE to provide a bond, letter of credit, or certificate of deposit guaranteeing payment of all retained losses and related costs, including expenses, or both, related to 55 2012-FA001 Non -Exclusive Commercial Franchise investigations, claims administrations, and defense. The bond must be executed by a corporate surety licensed to transact business in the State of California; the letter of credit must be issued by a bank or other financial institution acceptable to the County; and e. Signature verification. Include documentation acceptable to COUNTY verifying the following: • that the individual signing or counter -signing the certificates, and at COUNTY'S request, the . policies, endorsements, or other evidence of coverage, is authorized to do so, and • identifies his or her company affiliation and title. f. At COUNTY'S request, FRANCHISEE shall promptly provide COUNTY with complete, certified copies of any policy of insurance that FRANCHISEE must carry under this Agreement. g. Claims MadelRetroactive Date. The policy retroactive date, which can be identified, on any insurance written on claims made basis, must precede the date of this Agreement. The effective date of each policy must not be any later than the date of this Agreement. FRANCHISEE shall maintain any claims made coverage for a period of not less than three years following expiration, termination or cancellation of this Agreement. h. Text of Provisions in Blanket Policies. A certified copy of the provisions in each blanket policy, if any, that provides evidence satisfactory to COUNTY that the policy meets the requirements of this Agreement. i. Without limiting its indemnification under the Agreement, FRANCHISEE assumes all obligations of the insurer providing Insurance to defend COUNTY (which might be broader than FRANCHISEE's indemnification), for the following period of time: (1) beginning immediately upon filing any action against COUNTY that the insurer would be required to defend, until (2) the deductible or SIR has been met and the insurer does defend COUNTY. As soon as possible (but no longer than ten days), FRANCHISEE shall report to COUNTY when FRANCHISEE has exceeded FRANCHISEE's deductible or Self Insured Retention ("SIR"). Upon COUNTY request, Insurance must provide: 56 2012-FA001 Non -Exclusive commercial Franchise 5. 6. (1) application of insurer's defense costs to reduction of deductible or SIR; and (2) give COUNTY right to approve a claims settlement and receive payments directly. Insurer Financial. Rating. FRANCHISEE shall secure insurance provided by an insurance company meeting the following requirements: (1) be acceptable to COUNTY (for example, COUNTY might require that the insurer be admitted in California), and (2) have a rating by A.M. Best Company of not less than A: VII, unless otherwise approved by COUNTY. Reporting: Incidents, Claims, or Suits; Claims Paid or Reserved: a. Not cation of Incidents, Claims, or Suits. As soon as possible, (but no later than ten days after any of the following events) FRANCHISEE shall promptly report the following in writing to the Director. (1) Any accident or incident relating to the franchise services involving injury or property damage that may result in the filing of an insurance claim against any insurance policy, its legal claim, or lawsuit against FRANCHISEE, any subcontractor and/or COUNTY; (2) Any third -party claim or lawsuit filed against FRANCHISEE arising from or related to franchise Services; (3) Any injury to a FRANCHISEE employee that occurs on COUNTY property, and (4) Any loss, disappearance, destruction, misuse, or theft of COUNTY property, money or securities entrusted to FRANCHISEE. FRANCHISEE shall submit its report on a COUNTY "Nonemployee Injury Report' form available by request from the COUNTY. b. Claims Paid or Reserved. FRANCHISEE shall immediately report the following in writing to the Director if total claims (both paid and reserved) against any policy of insurance (except with respect to Workers' Compensation) exceed more than 80 percent of the required aggregate policy limits. (In that event, FRANCHISEE must obtain additional Insurance or provide COUNTY with financial assurance satisfactory to COUNTY in order to maintain those required policy limits.) 57 2012-FAD01 Non -Exclusive Commercial Franchise 7. Insurance Coverage Requirements. FRANCHISEE shall secure and maintain insurance coverage meeting the following requirements: (1) General Liability Insurance (written on ISO policy form CG 00 01 or its equivalent - occurrence, not claims made) with limits of not less than the following: General Annual Aggregate: $4 million ProductslCompleted Operations Aggregate: $4 million Personal and Advertising Injury: $1 million Each Occurrence: $2 million The general liability policy must provide contractual liability coverage for FRANCHISEE'S indemnification of COUNTY. (2) Pollution Liability Coverage for pollution conditions resulting from transported cargo, with annual limits of not less than $2 million per occurrence and $4 million aggregate, covering loss (including cleanup costs) that FRANCHISEE becomes legally obligated to pay as a result of claims for bodily injury, property damage, and cleanup costs, (including but not limited to, expenses required by environmental laws or incurred by Federal, State, or local governments or third parties) resulting from pollution conditions caused by transported cargo (including waste). For the purpose of this Subsection, "pollution conditions" includes the dispersal, discharge, release, or escape of any solid, liquid, gaseous or thermal irritant or contaminant (such as smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, medical waste, and waste materials) into or upon land, any structure on land, the atmosphere, or any watercourse or body of water (including groundwater), provided the conditions are not naturally present in the environment in the amounts or concentrations discovered. The pollution liability coverage must provide contractual liability coverage, by endorsement, if necessary, for FRANCHISEE'S indemnification of COUNTY. FRANCHISEE'S general liability policy may be endorsed to provide the required pollution liability coverage. FRANCHISEE is not required to provide this insurance if it provides franchise services only in roll -off boxes. (3) Automobile Liability Coverage (written on ISO policy forms CA 00 12 or CA 00 20 or their equivalent - occurrence, not claims made) with a limit of liability not less than $2 million for each accident and endorsed to include pollution liability 58 2012-FA001 Non -Exclusive commercial Franchise (written on form CA 99 48 or its equivalent). The insurance must cover all vehicles used by FRANCHISEE pursuant to its operations and services and the terms of this Agreement. FRANCHISEES subject to federal regulations also shall maintain any other coverage necessary to satisfy state or federal financial responsibility requirements. (4) Workers' Compensation and Employers' Liability insurance providing workers' compensation benefits required by the California Labor Code or by any other State labor law, and for which FRANCHISEE is responsible. In all cases, this insurance must also include Employers' Liability coverage with limits of not less than the following: I. Each accident: $1 million ii. Disease - policy limit: $1 million iii. Disease - each employee: $1 million 8. Insurance Coverage Requirements for Subcontractors. FRANCHISEE shall ensure that all subcontractors performing franchise services under this Agreement secure and maintain the insurance coverage required in Subsections 131 through 7 of this attachment by providing evidence that either: (1) FRANCHISEE is maintaining the required insurance covering the activities of Subcontractors, or (2) Subcontractors are maintaining the required insurance coverage. FRANCHISE shall provide COUNTY with any subcontractor request to modify that insurance coverage and get COUNTY approval prior to modification. C. Compensation for County Costs. If FRANCHISEE fails to comply with any of the Indemnification or insurance requirements of this Agreement and that failure results in any costs to COUNTY, FRANCHISEE shall pay full compensation for all County's reimbursement costs. D. Alternative Risk Financing Programs. County reserves the right to review and then approve FRANCHISEE'S use of self-insurance, risk retention groups, risk purchasing groups, pooling arrangements and captive insurance to satisfy obligations under this attachment. County and anyone named as additional insured shall be designated as an Additional Covered Party under any approved program. 59 2012-FA001 Non -Exclusive commercial Franchise ATTACHMENT NO. 4 - LABOR -RELATED PROVISIONS REQUIRED IN COUNTY CONTRACTS A. LABOR CODE. FRANCHISEE and its agents and employees are bound by and shall comply with all applicable provisions of the California Labor Code as well as all other laws related to labor. FRANCHISEE acknowledges that eight hours labor constitutes a legal day's work under law. FRANCHISEE shall require work in excess of eight hours a day or 40 hours during any one week only as authorized by California Labor Code Section 1815. By and through its execution of this Agreement, FRANCHISEE represents and warrants that it is aware of and understands the provisions of California Labor Code Section 3700, which requires every employer to be insured against liability of Workers' Compensation or to undertake self-insurance in accordance with those provisions before commencing the performance of work under this Agreement and agrees to fully comply with those provisions. B. CONSIDERATION OF 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 shall refer GAIN/GROW participants, by job category, to FRANCHISEE. For this purpose, "consideration" means that FRANCHISEE shall interview qualified candidates. C. NOTICES TO EMPLOYEES. Regarding the Federal Earned Income Credit. FRANCHISEE shall notify its employees, and shall require each subcontractor performing Franchise Services to notify its employees, that they may be eligible for the Federal Earned Income Credit under the Federal income tax laws. The notice must be provided in accordance with the requirements set forth in Internal Revenue Service Notice 1015 that FRANCHISEE has attached as Franchisee Documentation. 2. Regarding Safely Surrendered Baby Law. FRANCHISEE acknowledges that COUNTY places a high priority on the implementation of the Safely Surrendered Baby Law (SB 1368) a. Fact Sheet FRANCHISEE shall notify and provide to its employees and shall require each subcontractor performing Franchise Services to notify and provide to subcontractors' employees a fact sheet regarding the Safely Surrendered Baby 60 2012-FA001 Non -Exclusive Commercial Franchise Law, its implementation in the COUNTY, and where and how to safely surrender a baby. FRANCHISEE shall print and make available in every facility where its employees are present, including offices and operation yards, the fact sheet that is available at www.babysafela.ora. b. Poster. FRANCHISEE understands that it is COUNTY'S policy to encourage all COUNTY contractors to voluntarily post COUNTY'S "Safely Surrendered Baby Law" poster in a prominent position at the contractors place of business. FRANCHISEE shall also encourage its subcontractors to post this poster in a prominent position in the subcontractors' place of business. COUNTY'S Department of Children and Family Services shall supply FRANCHISEE with the poster to be used. 3. Regarding Child Support. FRANCHISEE acknowledges that COUNTY places a high priority on the enforcement of child support laws and the apprehension of child support evaders. FRANCHISEE further acknowledges that it is COUNTY'S policy to encourage all COUNTY contractors to voluntarily post COUNTY'S "L.A.'s Most Wanted: Delinquent Parents List" supplied by COUNTY in a prominent position at their place of business. D. PROHIBITION AGAINST USE OF CHILD LABOR. Compliance with ILO Convention Concerning Minimum Age for Employment. FRANCHISEE shall not knowingly sell or supply to COUNTY or Customers any products, goods, supplies, or other personal property manufactured in violation of child labor standards set by the International Labor Organization through its 1973 Convention Concerning Minimum Age for Employment (the "Convention Concerning Minimum Age for Employment'). If FRANCHISEE discovers that any products, goods, supplies, or other personal property sold or supplied by FRANCHISEE to COUNTY or any Customer are produced in violation of that Convention, FRANCHISEE shall immediately provide an alternative source of supply that complies with that Convention. 2, Provide COUNTY with Records. At COUNTY'S request, FRANCHISEE shall provide documentation I the form required by COUNTY evidencing the country or countries of origin of any products, goods, supplies, or other personal property FRANCHISEE sells or supplies to COUNTY or any Customer in connection with Franchise Services. 3. Provide COUNTY with Manufacturers' Certification. At COUNTY'S request, FRANCHISEE shall provide to COUNTY the manufacturer's certification of 61 2012-FA001 Non -Exclusive Commercial Franchise compliance with the Convention Concerning Minimum Age for Employment or other all -international child labor conventions. E. NONDISCRIMINATION. 1. Employees. FRANCHISEE and its Affiliates shall employ qualified applicants and treat employees equally without regard to or because of race, color, national origin, ancestry, religion, sex, age, physical or mental disability, marital status, or political affiliation and in compliance with all State of California and federal antidiscrimination laws, including in employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay, other forms of compensation, and selection of training (including apprenticeship). 2. Subcontractors. Bidders and Vendors. FRANCHISEE shall deal with its subcontractors, bidders, and vendors without regard to or because of race, color, national origin, ancestry, religion, sex, age, physical or mental disability, marital status, or political affiliation. 3. Certification. FRANCHISEE shall comply with the provisions of FRANCHISEE'S EEO Certification (Form PW -7), attached as Franchisee Documentation. 4. Inspection of Records. At COUNTY'S request, FRANCHISEE shall promptly allow COUNTY and its auditor's access to FRANCHISEE'S employment records at FRANCHISEE'S Office during franchisee's office hours to verify compliance with the provisions of this Subsection. 5. Remedies for Discrimination. If COUNTY finds that FRANCHISEE has violated any provisions of this Subsection, that violation constitutes a Franchisee default. While COUNTY reserves the right to determine independently that the antidiscrimination provisions of this Subsection have been violated, in addition, a determination by the California Fair Employment Practices Commission or the Federal Equal Employment Opportunity Commission that FRANCHISEE has violated State of California or federal antidiscrimination laws shall constitute a finding by COUNTY that FRANCHISEE has violated the antidiscrimination provisions of this Subsection. F. SAFETY 1. Services Safety Official. FRANCHISEE shall designate in Franchisee Documentation a Services Safety Official who shall be thoroughly familiar with FRANCHISEE'S Injury and Illness Prevention Program (IIPP) and 62 2012-FA001 Non -Exclusive Commercial Franchise Code of Safe Practices (CSP). FRANCHISEE shall ensure that the Services Safety Official is available at all times Franchise Services are provided to abate any potential safety hazards. FRANCHISEE shall give the Services Safety Official the authority and responsibility to cease performing any service if necessary to abate any potential safety hazard. If FRANCHISEE fails to designate or make available the Services Safety Official, COUNTY may direct the Franchise to cease providing Franchise Services at no cost to COUNTY until FRANCHISEE is in compliance with this Section. 2, Safety Responsibilities. FRANCHISEE is responsible for the safety of equipment, material, and personnel under FRANCHISEE'S control or authority during performance of Franchise Services. FRANCHISEE is solely responsible for ensuring that all work performed under this Agreement is performed in strict compliance with all laws with respect to occupational safety regulations. FRANCHISEE shall provide at its expense all safeguards, safety devices, protective equipment, and shall take all actions appropriate to providing a safe job environment. G. COUNTY LOBBYISTS. FRANCHISEE and each COUNTY lobbyist or County lobbying firm as defined in County Code Section 2.160.010, retained by Franchisee shall fully comply with the County Lobbyist Ordinance. FRANCHISEE represents that no Person, including a selling agency, has been employed or retained to solicit or secure this Agreement, upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by FRANCHISEE for the purpose of securing business. 63 2012-FA001 Non -Exclusive Commercial Franchise List of Los Angeles County Unincorporated Communities ID NAME 1 ACTON 2 AGOURA 3 AGUA DULCE 4 ALTADENA 5 ANTELOPE ACRES 6 ARCADIA ISLANDS 8 AVOCADO HEIGHTS 9 AZUSA ISLANDS 10 BALDWIN HILLS 11 BASSETT 12 BIG PINES 13 BIG TUJUNGA 14 BOUQUET CANYON 15 CALABASAS HIGHLANDS 16 CASTAIC 17 CASTAIC JUNCTION 18 CERRITOS ISLANDS 19 CHARTER OAK 20 CITRUS 21 COVINA ISLANDS 22 DELAIRE 23 DEL SUR 24 DEL VALLE 27 EAST PASADENA 28 EAST SAN GABRIEL 29 ELCAMINOVILLAGE 30 ELIZABETH LAKE 31 FAIRMONT 34 FOOTHILL 35 FORREST PARK 36 FRANKLIN CANYON 37 GORMAN 38 GREEN VALLEY ID NAME 39 HACIENDA 68 HEIGHTS 40 HAWTHORNE ISLAND 41 HI VISTA 42 JUNIPER HILLS 43 KAGELCANYON 44 LA CRESCENTA 45 LA RAMBLA 47 LAKE HUGHES 48 LAKE LOS ANGELES 49 LAKEVIEW 50 LANG 52 LEONNAVALLEY 53 LITTLE TUJUNGA 82 LITTLEROCK 83 LLANO 84 LONG BEACH ISLAND f5W LOS NIETOS 86 MALIBU VISTA 87 MARINA DEL REY 61 MINT CANYON 89 ISLANDS 92 WEST CARSON NTROSE r63MOMONROVL4IDUARTE 64 MULHOLLAND CORRIDOR CORNELL LAS VIRGENESIMALIBU CANYON MALIBU BOWL MALIBU HIGHLANDS MALIBU LAKE MALIBU/SYCAMORE CANYON MONTE NIDO TRIFUNO CANYON 65 NEENACH 66 PALMDALE AIRPORT ID NAME 67 PEARBLOSSOM 68 PICO 69 QUARTZ HILL 70 RANCHO DOMINGUEZ 71 ROOSEVELT 73 ROWLAND HEIGHTS 74 SAN CLEMENTE ISLAND 75 SAN PASQUAL 76 SANTA CATALINA ISLAND 77 SOLEDAD 78 SOUTH SAN GABRIEL 79 SOUTH SAN JOSE HILLS 80 STEVENSON RANCH 81 SULPHUR SPRINGS 82 SUN VILLAGE 83 TOPANGA CANYON FERNWOOD GLENVIEW SYLVIA PARK TOPANGA 84 UNIVERSAL CITY 85 VALVERDE 86 VALINDA 87 VALYERMO 88 VASQUEZ ROCKS 89 1 VETERANS CENTER 92 WEST CARSON 94 WESTFIELD 95 WHITTIER ISLANDS 96 WHITTIER NARROWS 98 WILSONA GARDENS 100 WRIGHTWOOD Garbage Disposal Districts (Excluded) EXHIBIT A WILLOWBROOK 7 ATHENS GDD 32 FIRESTONE GDD 51 LENNOX GDD 90 VIEW PARK GDD 97 CG D) MESA HEIGHTS WALNUT PARK WINDSOR HILLS 25 EAST COMPTON GDD 33 FLORENCE (GOD)60 (ODD)91 GDD 99 GDD EAST LOS ANGELES LADERA HEIGHTSROSEWOOD WEST FOX HILLS 26 (GOD)46 GDD 72 GDD 93 GDD LM F - _m x x W 65 m E 2 x w 66 W m m o p 2 aZq m z g m 'w_ EEp M Y }t p} o a 2< 0 a 5$ ZD Fp!E Q -Y a ¢p •-�' UWP wHy.jz f00 ¢1y ZQp K U Y OyZ JV$.Oil H g C Z° Z W Y C Y Q m i O j O x W 3 a L W U' V O << J W �6' ° Y a= m`° (1' S Q� 8 0 G �$i OEM6o6 _w Q= °��g�rc» » w°= m sow{Y,}°s qoq °'�� L3< �iiv Z°Z�°QQ�yyNM� ea g.F.W N 22B �/� W E> 2W=w��(( U �^�^�CC ° Lpo S m m m ` m` F 0 w i W} L a s x 2$ Z LK 2 j 4O W W 6 ymj ? 6) dui zW S WCC L p a y� OOO< toU��£�pii660°¢¢a�i mgmm0LLOmFOiiTiS355533��3 ¢ (Jf U 9$nRe$mo^ma RR ^m88R�linn�inP$mdB a$$6$'mRa�mauSamSS F LU U' 8 z s Z o^00 o y y o m <8 � < 4w ZO m m 8 {¢{JJi 0��pp [[�� O2�52 FUq= O_ QW°¢V W2 m]fw[ �p Y' YD_ Oj xp yq. x p Yf� Pda' /O W <gmaz] �$ 2�QY yOLCKFO SV>S P.. Le Q WSw J>2 OW2 ��?y 2u ey j m°= � `� m � m O s n< L<_ FF ZwZ z 1 � aa L aL W W L a 2 < Q <Z$ MSm 9Z ttw3w OOOw mQ Wrcy�owF°<<<Z �iI OZ�OZJ 2}Ooae 6OW m lu J�J((><F6 fa J w W Y' W o o l s> W x 3= a a~ F] Z a M> > 6 0 m F w= W Y Q Z Z S f W J W m g x J ^> 6 2 A pZ D< w`w{RajN W&FO {-�6' y.f Jy�pFF azwmmx lwwt ww w OZZJ� s O W F O J� F {] x O 9 m K X> J J m w F a m Iy mm O p� K w lZ $> Z-009 O Yr, o s U U UU'' L p> O g C W w W m O YI �- m s O O¢ tt aO<a �a�« �a��°—m °'mm � o°uoo out ; wwu¢�WwWomi$z��55555 "�W `�� 3Z Z °�•"O1eN "m ���.-««�mR&T6 &'r«R A$RR,'e '.YRaRRe^�RR$'e 7eie�^a RaReE7aa� ��� 67 EXHIBIT CA (Revised 412012) CUSTOMER BILL OF RIGHTS CUSTOMER BILL OF RIGHTS (which COUNTY may amend) What We Will Collect. We will collect refuse, green waste and commingled recyclables in bins and/or carts we provide. You must place refuse, recyclable materials, and green waste in the appropriate bins and/or carts. We will not pick up materials that you discard outside of bins and/or carts unless you have made previous arrangements with us, as described below. Additional Customer Options Regarding Recyclables: Mandatory Recycling. Commercial businesses and multifamily residences that generate 4 cubic yards or more of solid waste per week are required by California law to recycle. To comply with law, you may donate or sell any or all of your recyclables to someone else, such as recycling centers or reuse enterprises or subscribe to recycling services with us. We offer the following recycling service options without additional charge: a one cubic yard recyclable bin or up to two 96 gallon recyclable carts. Additional or larger containers will be offered at half the rate for the same type and capacity of refuse container and same frequency of refuse collection service. In addition, we will conduct annual site visits to evaluate whether your existing levels of refuse and recycling service is appropriate, and promote and implement recycling services. We Will Not Collect Hazardous Waste or Electrical Waste. State law prohibits disposal of hazardous materials and certain electronics in your trash. Hazardous waste includes: most paints, pesticides, petroleum derivatives such as motor oil and solvents, batteries, thermostats, aerosol cans, fluorescent lights, and certain mercury -containing devices. Electrical waste includes "covered electronic devices" and electrically powered equipment described below under "On -Call Pickups", which you may ask us to collect separately. If we identify these items in your trash, we will tag your bin and not collect it. For additional safe and legal disposal options, call the HAZWASTE HOTLINE at (888) CLEAN -LA or visit www.ciwmb.ca.gov/HHW/info. When We Will Collect. We will collect your containers on your scheduled collection day(s) each week. We will notify you in advance if we make a permanent change in your scheduled collection day. If your scheduled collection day falls on or after a holiday, during a holiday week, collection will be delayed by one day (Friday customers will have their collection on Saturday). We observe the following holidays: Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas and New Year's Day. Where We Will Pick Up. You must set your bin(s) at the set -out site as agreed upon unless you have roll-out service. If we agreed to collect on private driveways or pavement, we will ask you to sign a waiver of damage liability and/or indemnification. We must repair or replace, to your satisfaction, damaged property, and reimburse you for cost of personal injury, caused by our negligence or willful acts or omissions. In addition to enforcing your rights under the franchise agreement, you may institute civil suits allowed under law. M EXHIBIT C.1 (Revised 412012) Container Enclosure Maintenance and Litter. You are responsible for keeping your container enclosure or set out site clean and in good repair. We will clean up all litter caused during collection. Weight Limitations of Carts or Bins. We will not pick up carts weighing more than XXX or bins weighing more than: x cubic yard bin= xxx lbs, etc. (Hauler to provide max wt based on container size) Repair/Replacement. We will repair or replace containers within 2 weeks of your request at no charge. Five On -Call Pickups or One Annual Cleanup Event of Bulky Items and Electronics for Residential and Multi -Family Properties: We will provide one of the following service options upon your request: (1) 5 pickups of bulky items (limit of 5 items per pick-up) and unlimited amounts of certain electronics at your request each year at no charge. If you call us at least 24 hours in advance we will collect them on your next regularly scheduled pickup day at the regular site for placing solid waste containers but not in any roadway or other public right of way. (2) One annual cleanup event with a collection of unlimited amounts of bulky items and certain electronics on the date agreed to between the customer and us, at the regular site for placing solid waste containers but not in any roadway or other public right of way. We will collect those materials at no charge. At least once each year we will talk with or meet in person the owner or superintendant of a multi -family residence and schedule the annual cleanup event. Examples of bulky items include discarded furniture (such as chairs, sofas, mattresses, box springs, and rugs); appliances (such as refrigerators, range, washers, dryers, water heaters, dishwashers, plumbing, and other similar items). Electronics includes "covered electronic devices" such as cathode ray tubes (as in TV and computer monitors), LCD and plasma screens; and electrically powered equipment such as computers, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, videocassette players/recorders, and calculators. On -Call Pickups for Commercial Customers with Surcharge. We will make 5 pickups of bulky items (limit of 5 items per pick-up) and unlimited amounts of certain electronics at your request each year at specified charges. If you call us at least 24 hours in advance, we will collect them on your next regularly scheduled pickup day. When You Must Pay. (Hauler to provide billing information) Sample Language: We bill trash collection services three -months in advance. We will mail your bill on or before the 1st day of your billing period, for example, on April 1st for the billing period of April, May and June. Your bill is due no later than the last day of the first month, for example Me EXHIBIT C.1 (Revised 412012) on April 30th. If we do not receive payment by the last day of the second month, for example, May 315`, your bill will become delinquent and an additional 10% per annum fee will be added to the balance. We may terminate your service if you do not pay your service fees by the end of the billing cycle, for example, June 30th. We will charge $25 to restart the service after a service interruption and a $25 fee on returned checks. Customer Termination Rights And Right To Self -Haul: Within six months of your new service, we will amend any written subscription order you may have with us to grant you your customer termination rights. You may terminate service without cause at any time by giving us 90 days notice if you are not delinquent in paying us any service charges. You may also terminate service immediately in the event of certain emergencies or by giving us 14 days notice, if we fail to provide service (such as missing pickup or failing to timely repair or replace carts and/or dumpsters/bins) or we bill you incorrectly (such as changing your service rate(s) without obtaining your prior consent through a revised Customer Subscription Order). You also have the right to self -haul all or some of your waste in addition to, or instead of, subscribing to our service. Customer Notification. We will provide a written final notice (postmarked at least 14 days in advance) if we are to suspend or terminate your service. The final notice will include an explanation for the suspension or termination and information on how to resolve your issue and restart service. We will refund (Hauler to provide language) Sample Language: any overcharges (including advance payments for services that you subsequently cancel) within 30 days after we receive them. We will pay you interest on overcharges (other than advance payments for subsequently canceled services) at 10 percent per annum from the date the overcharged until the date refunded. Where You Can Contact Us. You may call us regarding service or complaints Toll Free at (insert haulers number here) between Xam and Xpm weekdays, except holidays. You may come to our office located at (insert haulers address here), mail correspondence to our office address or via e-mail at (insert haulers e-mail address). If we do not satisfactorily resolve any complaint; you may call the County at 1-800-993- 5844. We Do Not Discriminate. If you are entitled to service, we will not discriminate against you on account of race, creed, color, sex, gender, national origin, ancestry, religion, age, physical or mental disability, marital status, or political affiliation. Rights Of Privacy. We will observe and protect your rights of privacy and trade secrets. Unless you give us permission, we will not reveal any information identifying you or the composition or contents of your solid waste to any person except the County or if required by law. Thank You For Allowing (insert haulers name here) To Serve Youl 70 EXHIBIT D Assembly Bill No. 341 CHAPTER 476 An act to amend Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, to add Sections 40004, 41734.5, and 41780.01 to, to add Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and to add and repeal Section 41780.02 of, the Public Resources Code, relating to solid waste. [Approved by Covemm Octobcr 5, 2011. Filed with Secretary of State October 6, 2011.1 LEGISLATIVE COUNSELS DIGEST AB 341, Chesbro. Solid waste: diversion. (1) The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires each city, county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan containing specified components, including a source reduction component, a recycling component, and a composting component. With certain exceptions, the source reduction and recycling element of that plan is required to divert 5001a of all solid waste from landfill disposal or transformation by January 1, 2000, through source reduction, recycling, and composting activities. The department is required to file an annual progress report with the Legislature by March 1 that includes specified information regarding the act. This bill would make a legislative declaration that it is the policy goal of the state that not less than 75% of solid waste generated be source reduced, recycled, or composted by the year 2020, and would require the department, by January 1, 2014, to provide a report to the Legislature that provides strategies to achieve that policy goal and also includes other specified information and recommendations. The bill would allow the department to provide the report required by the bill in conjunction with the annual progress report, if the combined report is submitted by January 1, 2014. The bill would repeal the report requirement on January 1, 2017. (2) Existing law requires a city, county, and city and county to incorporate the nondisposal facility element and any amendment to the element into the revised source reduction and recycling element at the time of the 5 -year revision of the source reduction and recycling element. Existing law requires the department to review an amendment to a nondisposal facility element and requires a local task force to review and comment on amendments to a nondisposal facility element. This bill would repeal those requirements. The bill would instead require a city, county, city and county, or regional agency to update all information 92 71 EXHIBIT D Ch. 476 —2— required 2— required to be included in the nondisposal facility element. The bill would provide that the update is not subject to approval by the department or comment and review by a local task force. (3) Existing law requires a local agency to impose certain requirements on an operator of a large venue or event to facilitate solid waste reduction, reuse, and recycling. This bill would require a business, defined to include a commercial or public entity, that generates more than 4 culSic yards of commercial solid waste per week or is a multifamily residential dwelling of 5 units or more to arrange for recycling services, on and after July 1, 2012. The bill would also require a commercial waste generator to take specified actions with regard to recyclable materials. The bill would require a jurisdiction, on and after July 1, 2012, to implement a commercial solid waste recycling program meeting specified elements but would not require thejurisdiction to revise its source reduction and recycling element if the jurisdiction adds or expands a commercial solid waste recycling program to meet this requirement_ The bill would authorize a local agency to charge and collect a fee from a commercial waste generator to recover the local agency's costs incurred in complying with the commercial solid waste recycling program requirements. By requiring a jurisdiction to implement a commercial solid waste recycling program, this bill would impose a state -mandated local program. The bill would require the department to review a jurisdiction's compliance with the above requirement as a part of the department's review of a jurisdiction's compliance with the 50% solid waste diversion requirement and would authorize the department to review a jurisdiction's compliance pursuant to a specified procedure. (4) Existing law requires each state agency to submit an annual report to the department summarizing its progress in reducing solid waste that is due on September 1 of each year starting in 2009. This bill would change the due date to May I of each year. (5) Existing law requires an operator of a solid waste facility that wants to change the design or operation of the solid waste facility in a manner not authorized by the current permit to apply for a revised permit. Within 60 days of receipt of the application for the revised permit, the enforcement agency is required to inform the operator, and in some circumstances the department, of its determination to allow the change without revision of the permit, disallow the change, require a revision of the permit to allow the change, or require review under the California Environmental Quality Act before a decision is made. This bill would also require the enforcement agency to give notice of its determination to allow certain changes without a revision to the permit through a modification to the permit allowed by regulations developed by the department. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. 92 72 —3— This bill would provide that no reimbursement is required by this act for a specified reason. The people ofthe State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares both of the following: (1) Since the enactment of the California Integrated Waste Management Act of 1989 (Division 30 (commencing with Section 40000) of the Public Resources Code), local governments and private industries have worked jointly to create an extensive material collection and recycling infrastructure and have implemented effective programs to achieve a statewide diversion rate above 50 percent. (2) Although the state now leads the nation in solid waste reduction and recycling, the state continues to dispose of more than 40 million tons of solid waste each year, which is more than the national average on a per capita basis. Additional efforts must be undertaken to divert more solid waste from disposal in order to conserve scarce natural resources. (b) The Legislature further finds and declares all of the following: (1) Approximately 64 percent of the state's solid waste disposal is from commercial sources, including commercial, industrial, construction, and demolition activities. In addition, 8 percent of the state's solid waste disposal is from multifamily residential housing that is often collected along with the commercial waste stream. (2) The state's local governments have made significant progress in reducing the amount of solid waste disposal from single-family residential sources that make up 28 percent of the state's disposal, but have faced more challenges in reducing disposal from the commercial and multifamily sources. (3) The disposal of recyclable materials in the commercial solid waste stream prevents materials from circulating in the state economy to produce jobs and new products. Reducing the disposal of these materials will conserve landfill capacity and contribute to a reduction in greenhouse gas emissions and climate change. (4) The state has long been a national and international leader in environmental stewardship efforts and mandating the diversion of solid waste away from disposal. Bold environmental leadership and a new approach are needed to divert commercial solid waste away from disposal. (5) By exercising a leadership role, the state will lead the business community toward a future inwhich the environment and the economy both grow stronger together by recycling materials, which creates new lobs, instead of burying resources, which exit the economy forever. (6) By requiring commercial recycling, the state will help businesses reduce costly disposal fees and reclaim valuable resources. SEC. 2. Section 40004 is added to the Public Resources Code, to read: 40004. (a) The Legislature finds and declares all of the following: 92 73 EXHIBIT D Ch. 476 —4— (1) 4— (1) Solid waste diversion and disposal reduction require the availability of adequate solid waste processing and composting capacity. (2) The existing network of public and private solid waste processing and composting facilities provides a net environmental benefit to the communities served, and represents a valuable asset and resource of this state, one that must be sustained and expanded to provide the additional solid waste processing capacity that will be required to achieve the additional solid waste diversion targets expressed in Section 41780.01 and the commercial solid waste recycling requirement expressed in Section 42649. (3) The provisions in existing law that confer broad discretion on local agencies to determine aspects of solid waste handling that are of local concern have significantly contributed to the statewide diversion rate exceeding 50 percent, and further progress toward decreasing solid waste disposal requires that this essential element of local control be preserved. (b) It is the intent of the Legislature to encourage the development of the additional solid waste processing and composting capacity that is needed to meet state objectives for decreasing solid waste disposal by identifying incentives for local governments to locate and approve new or expanded facilities that meet and exceed their capacity needs, and to recognize local agencies that make significant contributions to the state's overall solid waste reduction and recycling objectives through the siting of facilities for the processing and composting of materials diverted from the solid waste stream. (c) By setting new commercial solid waste recycling requirements in Section 42649, the Legislature does not intend to limit a right afforded to local governments pursuant to Section 40059, or to modify or abrogate in any manner the rights of a local government or solid waste enterprise with regard to a solid waste handling franchise or contract. SEC. 3. Section 41730 of the public Resources Code is amended to read: 41730. Except as provided in Section 41750.1, each city shall prepare, adopt, and, except for a city and county, transmit to the county in which the city is located a nondisposal facility element that includes all of the information required by this chapter and that is consistent with the implementation of a city source reduction and recycling element adopted pursuant to this part. The nondisposal facility element and any updates to the element shall not be subject to the approval of the county and the majority of cities with the majority of the population in the incorporated area. SEC. 4. Section 41731 of the public Resources Code is amended to read: 41731. Except as provided in Section 41750. 1, each county shall prepare, adopt, and, except for a city and county, transmit to the cities located in the county a nondisposal facility element that includes all of the information required by this chapter and that is consistent with the implementation of a county source reduction and recycling element adopted pursuant to this part The nondisposal facility element and any updates to the element shall not be subject to the approval of the majority of cities with the majority of the population in the incorporated area. SEC. 5. Section 41734 ofthe Public Resources Code is amended to read: 92 74 EXHIBIT D -5- 41734. (a) (1) Prior to adopting anondisposal facility element, the city, county, or regional agency shall submit the element to the task force created pursuant to Section 40950 for review and comment. (2) Prior to adopting a regional agency nondisposal facility element, if the jurisdiction of the regional agency extends beyond the boundaries of a single county, the regional agency shall submit the element for review and comment to each task force created pursuant to Section 40950 of each county within the jurisdiction of the regional agency. (b) Comments by the task force shall include an assessment of the regional impacts of potential diversion facilities and shall be submitted to the city, county, or regional agency and to the department within 90 days of the date of receipt of the nondisposal facility element for review and comment. SEC.6. Section 41734.5 is added to the Public Resources Code, to read: 41734.5. (a) Once a nondisposal facility element has been adopted, the city, county, or regional agency shall update all information required to be included in the nondisposal facility element, including, but not limited to, new information regarding existing and new, or proposed, nondisposal facilities. (b) Updates shall be provided to the department within 30 days of any change in information. (c) Copies of the updated information shall also be provided to the local task force and shall be appended or otherwise added to the nondisposal facility element. (d) The local task force shall not be required to review and comment on the updates to the nondisposal facility elements. (e) Updates to the nondisposal facility elements are not subject to approval by the department. SEC. 7. Section 41735 of the Public Resources Code is amended to read: 41735. (a) Notwithstanding Division 13 (commencing with Section 21000), the adoption or update of a nondisposal facility element shall not be subject to environmental review. (b) Local agencies may impose a fee on project proponents to fund their necessary and actual costs ofpreparing and approving updates to nondisposal facility elements. SEC. 8. Section 41736 of the Public Resources Code is amended to read: 41736. It is not the intent of the Legislature to require cities and counties to revise their source reduction and recycling elements to comply with the requirements of this chapter. SEC. 9. Section 41780.01 is added to the Public Resources Code, to read: 41780.01. (a) The Legislature hereby declares that it is the policy goal of the state that not less than 75 percent of solid waste generated be source reduced, recycled, or composted by the year 2020, and annually thereafter. (b) Notwithstanding subdivision (a), the department shall not establish or enforce a diversion rate on a city or county that is greater than the 50 percent diversion rate established pursuant to Section 41780. 92 75 EXHIBIT D Ch. 476 —6— SEC. 6— SEC. 10. Section 41780.02 is added to the Public Resources Code, to read: 41780.02. (a) On or before January 1, 2014, the department shall submit a report to the Legislature that provides strategies to achieve the state's policy goal that not less than 75 percent of solid waste generated be source reduced, recycled, or composted by the year 2020, and annually thereafter, pursuant to Section 41780.01. (b) Ile report shall also include all of the following: (1) A review and update of the information required pursuant to subparagraph (A) ofparagraph (4) of subdivision (c) of Section 40507, with emphasis on new and emerging trends in resource management. (2) Identification of problematic waste streams and sources and recommendations on handling those waste streams. (3) Evaluation of current programs and their effectiveness, and recommendations for changes to those programs. (4) Recommendations for reprioritizing existing resources to best achieve the purpose of Section 41780.01. (5) Recommendations for legislative changes, if any, that are necessary to achieve the goals of Section 41780.01. (6) Report on regulatory changes, if any, that are necessary, to achieve the goals of Section 41780.01. (7) Any other information or recommendations the department deems pertinent. (c) The department may provide the report required pursuant to this section in conjunction with the report required pursuant to Section 40507 if the combined report is submitted on or before January 1, 2014. (d) The department may hold public workshops to gather input from stakeholders. (e) (1) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2017. (2) The report shall be submitted in compliance with Section 9795 of the Government Code. SEC. 11. Section 41800 of the Public Resources Code is amended to read: 41800. (a) Except as provided in subdivision (b), within 120 days from the date of receipt of a countywide or regional integrated waste management plan that the department has determined to be complete, or any element of the plan that the department has determined to be complete, the department shall determine whether the plan or element is in compliance with Article 2 (commencing with Section 40050) of Chapter 1 of Part 1, Chapter 2 (commencing with Section 41000), and Chapter 5 (commencing with Section 41750), and, based upon that determination, the department shall approve, conditionally approve, or disapprove the plan or element. (b) (1) Within 120 days from the date of receipt of a city, county, or regional agency nondisposal facility element that the department has determined to be complete, the department shall determine whether the element that the department bas determined to be complete is in compliance 92 76 EXHIBIT D -7- with Chapter 4.5 (commencing with Section 41730) and Article 1 (commencing with Section 41780) of Chapter 6, and, based upon that determination, the department shall approve, conditionally approve, or disapprove the element within that time period. (2) In reviewing the element, the department shall: (A) Not consider the estimated capacity of the facility or facilities in the element unless the department determines that this information is needed to determine whether the element meets the requirements of Article 1 (commencing with Section 41780) of Chapter 6. (13) Recognize that individual facilities represent portions of local plans or programs that are designed to achieve the diversion requirements of Section 41780 and therefore may not arbitrarily require new or expanded diversion at proposed facilities. (C) Not disapprove an element that includes a transfer station or other facility solely because the facility does not contribute toward the jurisdiction's efforts to comply with Section 41780. (c) If the department does not act to approve, conditionally approve, or disapprove an element that the department has determined to be complete within 120 days, the department shall be deemed to have approved the element. SEC. 12. Chapter 12.8 (commencing with Section 42649) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 12.9. RECYCLING OF COMMERCIAL SOLID WASTE 42649. (a) It is the intent of the Legislature to require businesses to recycle solid waste that they generate. (b) It is the intent of the Legislature to allow jurisdictions flexibility in developing and maintaining commercial solid waste recycling programs. (c) It is the intent of the Legislature to reduce greenhouse gas emissions by diverting commercial solid waste to recycling efforts and to expand the opportunity for additional recycling services and recycling manufacturing facilities in California. 42649.1. For purposes of this chapter, the following terms mean the following: (a) `Business" means a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or nonprofit entity, or a multifamily residential dwelling. (b) "Commercial solid waste" has the same meaning as defined in Section 17225.12 of Title 14 of the California Code of Regulations. (c) "Commercial waste generator" means a business subject to subdivision (a) of Section 42649.2. (d) "Self -hauler" means a business that hauls its own waste rather than contracting for that service. 92 77 EXHIBIT D Ch. 476 —8- 42649.2. 8- EXHIBIT D 42649.2. (a) On and after July 1, 2012, a business that generates more than four cubic yards of commercial solid waste per week or is a multifamily residential dwelling of five units or more shall arrange for recycling services, consistent with state or local laws or requirements, including a local ordinance or agreement, applicable to the collection, handling, or recycling of solid waste, to the extent that these services are offered and reasonably available from a local service provider. (b) A commercial waste generator shall take at least one of the following actions: (1) Source separate recyclable materials from solid waste and subscribe to a basic level of recycling service that includes collection, self -hauling, or other arrangements for the pickup of the recyclable materials. (2) Subscribe to a recycling service that may include mixed waste processing that yields diversion results comparable to source separation. (c) A property owner of a multifamily residential dwelling may require tenants to source separate their recyclable materials to aid in compliance with this section. 42649.3. (a) On and after July 1, 2012, each jurisdiction shall implement a commercial solid waste recycling program appropriate for that jurisdiction designed to divert commercial solid waste from businesses subject to Section 426492, whether or not the jurisdiction has met the requirements of Section 41780. (b) If a jurisdiction already has a commercial solid waste recycling program as one of its diversion elements that meets the requirements of this section, it shall not be required to implement a new or expanded commercial solid waste recycling program. (c) The commercial solid waste recycling program shall be directed at a commercial waste generator, as defined in subdivision (b) of Section 42649. 1, and may include, but is not limited to, any of the following: (1) Implementing a mandatory commercial solid waste recycling policy or ordinance. (2) Requiring a mandatory commercial solid waste recycling program through a franchise contract or agreement. (3) Requiring all commercial solid waste to go through either a source separated or mixed processing system that diverts material from disposal. (d) The commercial solid waste recycling program shall include education, outreach to, and monitoring of, businesses. A jurisdiction shall notify a business if the business is not in compliance with Section 42649.2. (e) The commercial solid waste recycling program may include enforcement provisions that are consistent with a jurisdiction's authority, including a structure for fines and penalties. (f) The commercial solid waste recycling program may include certification requirements for self -haulers. (g) The department shall review a jurisdiction's compliance with this section as part of the department's review required by Section 41825. Each jurisdiction shall report the progress achieved in implementing its commercial recycling program, including education, outreach, identification, Ml —9— and monitoring, and if applicable, enforcement efforts, by providing updates in the annual report required by Section 41821. (h) The department may also review whether a jurisdiction is in compliance with this section at any time that the department receives information that ajurisdiction has not implemented, or is not making a good faith effort to implement, a commercial recycling program. (i) During its review pursuant to subdivision (g) or (h), the department shall determine whether each jurisdiction has made a good faith effort to implement its selected commercial recycling program. For purposes of this section, "good faith effort" means all reasonable and feasible efforts by a jurisdiction to implement its commercial recycling program. During its review, the department may include, but is not limited to, the following factors in its evaluation of ajurisdiction's good faith effort: (1) The extent to which businesses have complied with Section 42649.2, including information on the amount of disposal that is being diverted from the businesses, if available, and on the number of businesses that are subscribing to service. (2) The recovery rate of the commercial waste from the material recovery facilities that are utilized by the businesses, all information, methods, and calculations, and any additional performance data, as requested by the department from the material recovery facilities pursuant to Section 18809.4 of Title 14 of the California Code of Regulations. (3) The extent to which the jurisdiction is conducting education and outreach to businesses. (4) The extent to which the jurisdiction is monitoring businesses, and notifying those businesses that are out of compliance. (5) The availability of markets for collected recyelables. (6) Budgetary constraints. (7) In the case of a rural jurisdiction, the effects of small geographic size, low population density, or distance to markets. 42649.4. (a) If a jurisdiction adds or expands a commercial solid waste recycling program to meet the requirements of Section 42649.3, the jurisdiction shall not be required to revise its source reduction and recycling element, or obtain the department's approval pursuant to Article 1 (commencing with Section 41800) of Chapter 7 of Part 1. (b) If an addition or expansion of ajurisdiction's commercial solid waste recycling program is necessary, the jurisdiction shall update in its annual report required pursuant to Section 41821. 42649.5. (a) This chapter does not limit the authority of a local agency to adopt, implement, or enforce a local commercial solid waste recycling requirement that is more stringent or comprehensive than the requirements of this section or limit the authority of a local agency in a county with a population of less than 200,000 to require commercial solid waste recycling. (b) This chapter does not modify, limit, or abrogate in any manner any of the following: (1) A franchise granted or extended by a city, county, or other local government agency. 92 79 EXHIBIT D Ch. 476 —10— (2) 10— (2) Acontract license, orpermittocollect solid waste previously granted or extended by a city, county, or other local government agency. (3) The existing right of a business to sell or donate its recyclable materials. 42649.6. A local agency may charge and collect a fee from a commercial waste generator in order to recover the local agency's costs incurred in complying with this chapter. 42649.7. If the State Air Resources Board adopts regulations for commercial recycling prior to the effective date of the act of the 2011-12 Regular Session of the Legislature adding this section, those regulations shall be deemed to have been adopted by the department, and they shall be added to the department's regulations and deleted from the board's regulations as if it were a change without regulatory effect. SEC. 13. Section 42926 of the public Resources Code is amended to read: 42926. (a) In addition to the information provided to the department pursuant to Section 12167.1 of the Public Contract Code, each state agency shall submit an annual report to the department summarizing its progress in reducing solid waste as required by Section 42921. The annual report shall be due on or before May 1, 2012, and on or before May 1 in each subsequent year. The information in this report shall encompass the previous calendar year. (b) Each state agency's annual report to the department shall, at a minimum, include all of the following: (1) Calculations of annual disposal reduction. (2) Information on the changes in waste generated or disposed of due to increases or decreases in employees, economics, or other tactors. (3) A summary of progress made in implementing the integrated waste management plan. (4) The extent to which the state agency intends to utilize programs or facilities established by the local agency for the handling, diversion, and disposal of solid waste. If the state agency does not intend to utilize those established programs or facilities, the state agency shall identify sufficient disposal capacity for solid waste that is not source reduced, recycled, or composted. (5) Other information relevant to compliance with Section 42921. (c) The department shall use, but is not limited to the use of, the annual report in the determination of whether the agency's integrated waste management plan needs to be revised. SEC. 14. Section 44004 of the Public Resources Code is amended to read-- 44004. ead:44004. (a) An operator of a solid waste facility shall not make a significant change in the design or operation of the solid waste facility that is not authorized by the existing permit, unless the change is approved by the enforcement agency, the change conforms with this division and all regulations adopted pursuant to this division, and the terms and conditions of the solid waste facilities permit are revised to reflect the change. 92 80 EXHIBIT D —11— (b) If the operator wishes to change the design or operation of the solid waste facility in a manner that is not authorized by the existing permit, the operator shall file an application for revision of the existing solid waste facilities permit with the enforcement agency. The application shall be filed at least 180 days in advance of the date when the proposed modification is to take place unless the 180 -day time period is waived by the enforcement agency. (c) The enforcement agency shall review the application to determine all of the following: (1) Whether the change conforms with this division and all regulations adopted pursuant to this division. (2) Whether the change requires review pursuant to Division 13 (commencing with Section 21000). (d) Within 60 days from the date of the receipt of the application for a revised permit, the enforcement agency shall inform the operator, and if the enforcement agency is a local enforcement agency, also inform the department, of its determination to do any of the following: (1) Allow the change without a revision to the permit. (2) Allow the following changes without a revision to the permit through a modification to the permit allowed pursuant to regulations developed by the department: (A) The proposed change is to allow a nondisposal facility to increase the amount of solid waste that it may handle and that increased amount is within the existing design capacity as described in the facility's transfer processing report and review pursuant to Division 13 (commencing with Section 21000). (13) The proposed change is to allow a disposal facility to add a nondisposal activity to the facility that will increase the amount of solid waste that may be handled as described in the facility's report of facility information and review pursuant to Division 13 (commencing with Section 21000). (3) Disallow the change because it does not conform with the requirements of this division or the regulations adopted pursuant to this division. (4) Require a revision of the solid waste facilities permit to allow the change. (5) Require review under Division 13 (commencing with Section 21000) before a decision is made. (e) The operator has 30 days within which to appeal the decision of the enforcement agency to the hearing panel, as authorized pursuant to Article 2 (commencing with Section 44305) of Chapter 4. The enforcement agency shall provide notice of a hearing held pursuant to this subdivision in the same manner as notice is provided pursuant to subdivision (h). (f) Under circumstances that present an immediate danger to the public health and safety or to the environment, as determined by the enforcement agency, the 180 -day filing period may be waived. 92 91 EXHIBIT D Cb. 476 _12— (g) 12— (g) (1) A permit revision is not required for the temporary suspension of activities at a solid waste facility if the suspension meets either of the following criteria: (A) The suspension is for the maintenance or minor modifications to a solid waste unit or to solid waste management equipment. (B) The suspension is for temporarily ceasing the receipt of solid waste at a solid waste management facility and the owner or operator is in compliance with all other applicable terms and conditions of the solid waste facilities permit and minimum standards adopted by the department. (2) An owner or operator of a solid waste facility who temporarily suspends operations shall remain subject to the closure and postclosure maintenance requirements of this division and to all other requirements imposed by federal law pertaining to the operation of a solid waste facility. (3) The enforcement agency may impose any reasonable conditions relating to the maintenance of the solid waste facility, environmental monitoring, and periodic reporting during the period of temporary suspension. The department may also impose any reasonable conditions determined to he necessary to ensure compliance with applicable state standards. (h) (1) (A) Before making its determination pursuant to subdivision (d), the enforcement agency shall submit the proposed determination to the department for comment and hold at least one public hearing on the proposed determination. The enforcement agency shall give notice of the hearing pursuant to Section 65091 of the Government Code, except that the notice shall be provided to all owners of real property within a distance other than 300 feet of the real property that is the subject of the hearing, if specified in the regulations adopted by the department pursuant to subdivision (i). The enforcement agency shall also provide notice of the hearing to the department when it submits the proposed determination to the department. (B) The enforcement agency shall mail or deliver the notice required pursuant to subparagraph (A) at least 10 days prior to the date of the hearing to any person who has filed a written request for the notice with a person designated by the enforcement agency to receive these requests. The enforcement agency may charge a fee to the requester in an amount that is reasonably related to the costs of providing this service and the enforcement agency may require each request to be annually renewed. (C) The enforcement agency shall consider environmental justice issues when preparing and distributing the notice to ensure that the notice is concise and understandable for limited -English-speaking populations. (2) If the department comments pursuant to paragraph (1), the department shall specify whether the proposed determination is consistent with the regulation adopted pursuant to subdivision (i). (i) (1) The department shall, to the extent resources are available, adopt regulations that implement subdivision (h) and define the term "significant change in the design or operation of the solid waste facility that is not authorized by the existing permit." 92 RN EXHIBIT D —13— (2) While formulating and adopting the regulations required pursuant to paragraph (1), the department shall consider recommendations of the Working Group on Environmental Justice and the advisory group made pursuant to Sections 71113 and 71114 and the report required pursuant to Section 71115. SEC. 15. Section 50001 of the Public Resources Code is amended to read: 50001. (a) Except as provided by subdivision (b), after a countywide or regional agency integrated waste management plan has been approved by the Department of Resources Recycling and Recovery pursuant to Division 30 (commencing with Section 40000), a person shall not establish or expand a solid waste facility, as defined in Section 40194, in the county unless the solid waste facility meets one of the following criteria: (1) The solid waste facility is a disposal facility or a transformation facility, the location of which is identified in the countywide siting element or amendment to that element, which has been approved pursuant to Section 41721. (2) The solid waste facility is a facility that is designed to recover for reuse or recycling at least 5 percent of the total volume of material received by the facility, and that is identified in the nondisposal facility element that has been approved pursuant to Section 41800 or is included in an update to that element. (b) Solid waste facilities other than those specified inparagraphs (1)and (2) of subdivision (a) shall not be required to comply with the requirements of this section. (c) The person or agency proposing to establish a solid waste facility shall prepare and submit a site identification and description ofthe proposed facility to the task force established pursuant to Section 40950. Within 90 days after the site identification and description is submitted to the task force, the task force shall meet and comment on the proposed solid waste facility in writing. These comments shall include, but are not limited to, the relationship between the proposed solid waste facility and the implementation schedule requirements of Section 41780 and the regional impact of the facility. The task force shall transmit these comments to the person or public agency proposing establishment of the solid waste facility, to the county, and to all cities within the county. The comments shall become part of the official record of the proposed solid waste facility. (d) The review and comment by the local task force shall not be required for an update to a nondisposal facility element. SEC. 16. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. E 92 EXHIBIT D Proposed Regulation: Mandatory Commercial Recycling CalRecycle Page 1 of 3 EXHIBIT D Mandatory Commercial Recycling Proposed Regulations ............................................................................................. Description New regulation covering CalRecycle's responsibilities for implementing mandatory commercial recycling (Recycling of Commercial Solid Waste) law. This rulemaking concerns recycling requirements for businesses that generate 4 cubic yards or more of commercial solid waste per week and multifamily residential dwellings with 5 or more units, requirements for local jurisdictions for education, outreach, monitoring and reporting, and CalRecycle review. Affected Regulatory Code Sections California Code of Regulations, Title 14, Division 7, Chapter 9.4, Article 2, commencing with Section 18836. Status Formal rulemaking for the proposed regulation begins October 28, 2011 with the beginning of the 45 -day comment period which ends on December 12, 2011. A public hearing is scheduled for December 13, 2011, to receive comments following the initial 45 -day public comment period. Contact You may the contact CalRecyde's Mandatory Commercial Recycling team at dimatechange((Dcalrececle.ca.ciov. If you would like to receive an e-mail notification of developments in this rulemaking, please add your contact information to CalRecyde's Mandatory Commercial Receding Listserv. Planned Opportunities for Stakeholder Input October 28, 2011: CalRecycle starts 45 -day comment period for the proposed regulation, extending through December 12, 2011. December 13, 2011 Public Hearing: CalRecycle will hold a public hearing to receive comments for the proposed regulation following the 45 -day comment period . January 2012: 15 -day Public Comment Period, if needed, in response to written comments submitted to CalRecycle during the formal 45 -day comment period. February 2012 Public Meeting: The final proposed regulations will be presented at the CalRecycle public meeting. Rulemaking Documents Notice of Proposed Rulemaking (PDF, 324 KB), October 28, 2011. Public notice of the initial 45 -day comment period. Initial Statement of Reasons (PDF, 221 KB), October 28, 2011. A statement of the specific purpose and rationale for the program regulation. Proposed Regulations (PDF, 246 KB), October 28, 2011. Proposed regulatory text for 45 -day comment period. Rulemaking History Prior to AB 341 Prior to the passage AB 341, CalRecycle and the ARB worked together to establish a rulemaking process for the Mandatory Commercial Recycling Measure required in the AS 32 Sooping Plan. Under a Memorandum of Understanding between the two, CalRecycle was responsible for developing, implementing, and enforcing the regulations, while ARB was responsible for adopting the regulations and providing additional enforcement if needed. 84 http://www.calrecycle.ca.gov/Climate/Recycling/Workshops/default.htm 11/17/2011 Proposed Regulation: Mandatory Commercial Recycling Page 2 of 3 EXHIBIT D To build the basis for the rulemaking, CalRecyde and the ARB hosted eight (8) informal workshops to solicit stakeholder feedback regarding the measure and associated draft regulations. These workshops offered an informal opportunity to talk about design and implementation issues of this measure. While there are some distinctions between the draft regulations in this prior rulemaking effort and the commercial recycling program outlined in AB 341, the fundamental framework and principals are parallel. Therefore, CalRecyde staff has adjusted the proposed regulation for a new rulemaking, as described above to reflect the specifics of AB 341, while also carrying forward the language and details incorporated through the nearly 3 -year informal stakeholder engagement process. The following provides additional details regarding each of these workshops. Workshop Dates July 19, 2011, Sacramento, California CalRecyde staff conducted a workshop seeking stakeholder input on additional staff economic analysis and changes to the proposed AB 32 Mandatory Commercial Recycling regulation since the January 19, 2011 meeting. The workshop materials and description are posted on the related CalRecvcle public notice Daae. January 19, 2011, Sacramento, California At the January 19, 2011 workshop, CaiRecyde and ARB staff reviewed the revised draft regulatory language (PDF, 116 KB), various related economic and environmental impact analyses, and the final draft report for the cost study on commercial recycling. Staff engaged with participants, addressing questions and collecting informal stakeholder comments related to these subjects through January 26, 2011. September 21, 2010, Sacramento, California In coordination with the Air Resources Board, CalRecyde focused the September 21, 2010 informal stakeholder workshop on various related analysis efforts, including the: Cost model for economic evaluation of the proposed regulation with supplemental economic analysis Loral government cost survey Recycling and composting GHG emission reduction factors Environmental impacts analysis The workshop materials :'re posted on the related CalRecvde public notice page. CalRecyde staff requested comments by October 8, 201 D. June 16, 2010, Sacramento, California As part of the Materials Management and Local Assistance (MMLA) monthly Public meeting agenda, CalRecyde staff engaged in an informal stakeholder workshop on the proposed AB 32 Mandatory Commi Receding regulation. Event information included: agenda, proposed regulations, summary of proposed regulation, background information, and presentations. CalRecyde staff requested comments by June 30, 2010. Workshop topics included: Introductions and general project background information. Overview of the regulation. Focused discussion on related issues. Presentation of associated tools. Next steps and timeline for formal rulemaking. Presentations included: Sample Mandatory Commercial Recvdinq Ordinance Proiect by Yvonne Hunter, Institute for Local Government. (Adobe PDF, 171 KB) 85 http://www.calrecycle.ca.gov/Climate/Recycling/Workshops/default.htm 11/17/2011 Proposed Regulation: Mandatory Commercial Recycling Page 3 of 3 EXHIBIT D Calculator to Estimate Climate Financial and Diversion Benefits of Zero Waste by Amity Lumper, Cascadia Consulting Group, Inc. (Adobe PDF, 940 KB) December 15, 2009, Sacramento, California At the December 15 CIWMB Board Meeting, ClWM13 Staff presented a discussion of and request for direction on Draft Proposed Regulatory Language (Word, 166 KB) and Rulemaking Plan (Word, 74 KB). September 15, 2009, Sacramento, California At the September 15th CIWMB Board Meeting, CIWMB Staff presented a compilation of stakeholder input (Word, 38 KB) obtained from workshops conducted in July and August. Also presented was Staffs Or Concepts (Word, 235 KB) for Mandatory Commercial Recycling Regulation. July 20 and August 6, 2009, Northern and Southern California Agenda (Adobe PDF, 358 KB). I White Paper (Adobe PDF, 948 KB) All interested stakeholders were invited to informal stakeholder workshops on Mandatory Commercial Recycling. Staff provided background information regarding this measure, including related legislation, support projects, and the overall timeline at two initial workshops hosted in the summer of 2009. Discussion Included input on a range of issues such as thresholds, exemptions, implementation, enforcement, and costs. These are also descrttled in the related "white paper' provided above. In follow-up to these workshops, staff prepared and presented a summary of the informal stakeholder comment received relative to staffs draft conceptual regulatory provisions at the September 9, 2009, Strategic Policy Development Committee meeting. At this meeting, staff was directed to use these conceptual regulatory provisions as the basis for draft regulatory language to be presented and discussed at the Strategic Policy Development Committee meeting in December 2009. Presentations July 20, 2009 Cal EPA Headquarters Building (available via broadcast Sacramento, California Sacramento County's Commercial Recycling Program by Pat Quinn (Adobe PDF, 246 KB). For more information, go to the Sacramento County Business Recycling web page. Mandatory Commercial Recvclina Home August 6, 2009 South Coast Air Quality Management District Diamond Bar, California The City of Chula Vista's Commercial Recycling Ordinance by Lynn France (Adobe PDF, 1 MB). For more information, refer to the City of Chula Vista's Business Recycling Guidelines. ............................................................................................................................ Last updated: October 28, 2011 Climate Change: bttvltw calreordexa.aovlC6male Change! Contact: climatechanaeacalrecvcle.ca.00v Conditions of Use I Privacy Policy ©1995. 2011 California Department of Resources Recycling and Recovery (CalRecycle). All rights reserved. TO http://www.calrecycle.ca.gov/Climate/Recycling/Workshops/default.htm 11/17/2011 EXHIBIT E Chapter 2.206 DEFAULTED PROPERTY TAX REDUCTION PROGRAM 2.206.010 Findings and declarations. 2.206.020 Definitions. 2.206.030 Applicability. 2.206.040 Required solicitation and contract language. 2.206.050 Administration and compliance certification. 2.206.060 Exclusions/Exemptions. 2.206.070 Enforcement and remedies. 2.206.980 Severability. 2.206.010 Findings and declarations. The Board of Supervisors finds that significant revenues are lost each year as a result of taxpayers who fail to pay their tax obligations on time. The delinquencies impose an economic burden upon the County and its taxpayers. Therefore, the Board of Supervisors establishes the goal of ensuring that individuals and businesses that benefit financially from contracts with the County fulfill their property tax obligation. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.020 Definitions. The following definitions shall be applicable to this chapter: A. "Contractor' shall mean any person, firm, corporation, partnership, or combination thereof, which submits a bid or proposal or enters into a contract or agreement with the County. B. "County" shall mean the county of Los Angeles or any public entities for which the Board of Supervisors is the governing body. C. "County Property Taxes" shall mean any property tax obligation on the County's secured or unsecured roll; except for tax obligations on the secured roll with respect to property held by a Contractor in a trust or fiduciary capacity or otherwise not beneficially owned by the Contractor. D. "Department" shall mean the County department, entity, or organization responsible for the solicitation and/or administration of the contract. E. "Default" shall mean any property tax obligation on the secured roll that has been deemed defaulted by operation of law pursuant to California Revenue and Taxation Code section 3436; or any property tax obligation on the unsecured roll that remains unpaid on the applicable delinquency date pursuant to California Revenue and Taxation Code section 2922; except for any property tax obligation dispute pending before the Assessment Appeals Board. 87 EXHIBIT E F. "Solicitation" shall mean the County's process to obtain bids or proposals for goods and services. G. "Treasurer -Tax Collector" shall mean the Treasurer and Tax Collector of the County of Los Angeles. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.030 Applicability. This chapter shall apply to all solicitations issued 60 days after the effective date of the ordinance codified in this chapter. This chapter shall also apply to all new, renewed, extended, and/or amended contracts entered into 60 days after the effective date of the ordinance codified in this chapter. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.040 Required solicitation and contract language. All solicitations and all new, renewed, extended, and/or amended contracts shall contain language which: A. Requires any Contractor to keep County Property Taxes out of Default status at all times during the term of an awarded contract; B. Provides that the failure of the Contractor to comply with the provisions in this chapter may prevent the Contractor from being awarded a new contract and C. Provides that the failure of the Contractor to comply with the provisions in this chapter may constitute a material breach of an existing contract, and failure to cure the breach within 10 days of notice by the County by paying the outstanding County Property Tax or making payments in a manner agreed to and approved by the Treasurer -Tax Collector, may subject the contract to suspension and/or termination. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.060 Administration and compliance certification. A. The Treasurer -Tax Collector shall be responsible for the administration of this chapter. The Treasurer -Tax Collector shall, with the assistance of the Chief Executive Officer, Director of Internal Services, and County Counsel, issue written instructions on the implementation and ongoing administration of this chapter. Such instructions may provide for the delegation of functions to other departments. B. Contractor shall be required to certify, at the time of submitting any bid or proposal to the County, or entering into any new contract, or renewal, extension or amendment of an existing contract with the County, that it is in EXHIBIT E compliance with this chapter is not in Default on any County Property Taxes or is current in payments due under any approved payment arrangement (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.060 Exclusions/Exemptions. A. This chapter shall not apply to the following contracts: Chief Executive Office delegated authority agreements under $50,000; 2. A contract where federal or state law or a condition of a federal or state program mandates the use of a particular contractor; 3. A purchase made through a state or federal contract; 4. A contract where state or federal monies are used to fund service related programs, including but not limited to voucher programs, foster care, or other social programs that provide immediate direct assistance; 5. Purchase orders under a master agreement, where the Contractor was certified at the time the master agreement was entered into and at any subsequent renewal, extension and/or amendment to the master agreement 6. Purchase orders issued by Internal Services Department under $100,000 that is not the result of a competitive bidding process. 7. Program agreements that utilize Board of Supervisors' discretionary funds; 8. National contracts established for the purchase of equipment and supplies for and by the National Association of Counties, U.S. Communities Government Purchasing Alliance, or any similar related group purchasing organization; 9. A monopoly purchase that is exclusive and proprietary to a speck manufacturer, distributor, reseller, and must match and inter -member with existing supplies, equipment or systems maintained by the county pursuant to the Los Angeles Purchasing Policy and Procedures Manual, section P-3700 or a successor provision; 10. A revolving fund (petty cash) purchase pursuant to the Los Angeles County Fiscal Manual, section 4.6.0 or a successor provision; 11. A purchase card purchase pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, section P-2810 or a successor EXHIBIT E provision; 12. A non -agreement purchase worth a value of less than $5,000 pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, section A-0300 or a successor provision; or 13. A bona fide emergency purchase pursuant to the Los Angeles County Purchasing Policy and Procedures Manual section P-0900 or a successor provision; 14. Other contracts for mission critical goods and/or services where the Board of Supervisors determines that an exemption is justified. B. Other laws. This chapter shall not be interpreted or applied to any Contractor in a manner inconsistent with the laws of the United States or California. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.070 Enforcement and remedies. A. The information fumished by each Contractor certifying that it is in compliance with this chapter shall be under penalty of perjury. B. No Contractor shall willfully and knowingly make a false statement certifying compliance with this chapter for the purpose of obtaining or retaining a County contract. C. For Contractor's violation of any provision of this chapter, the County department head responsible for administering the contract may do one or more of the following: Recommend to the Board of Supervisors the termination of the contract; and/or, 2. Pursuant to chapter 2.202, seek the debarment of the contractor; and/or, Recommend to the Board of Supervisors that an exemption is justified pursuant to Section 2.206.060.A.14 of this chapter or payment deferral as provided pursuant to the California Revenue and Taxation Code. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.080 Severability. If any provision of this chapter is found invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. (Ord. No. 2009-0026 § 1 (part), 2009.) PAaspubZ0NTRACT\E*M%S0UTH WHITTIER SHUTTLE1201MMExhINI E Default Ta d= 90 Department of the Treasury Internal Revenue Service Notice 1015 (Rev. December 2011) Have You Told Your Employees About the Earned Income Credit (EIC)? What Is the EIC? The EIC is a refundable tax credit for certain workers. Which Employees Must I Notify About the EIC? You must notify each employee who worked for you at any time during the year and from whom you did not withhold income tax. However, you do not have to notify any employee who claimed exemption from withholding on Form W-4, Employee's Withholding Allowance Certificate. Note. You are encouraged to notify each employee whose wages for 2011 are less than S49,078 that he or she may be eligible for the EIC. How and When Must I Notify My Employees? You must give the employee one of the following: • The IRS Form W-2, Wage and Tax Statement, which has the required information about the EIC on the back of Copy B. • A substitute Form W-2 with the same EIC information on the back of the employee's copy that is on Copy B of the IRS Form W-2. • Notice 797, Possible Federal Tax Refund Due to the Earned Income Credit (EIC). • Your written statement with the same wording as Notice 797. If you are required to give Form W-2 and do so on time, no further notice is necessary if the Form W-2 has the required information about the EIC on the back of the employee's copy. If a substitute Form W-2 is given on time but does not have the required information, you must notify the employee within 1 week of the date the substitute Forth W-2 is given. If Forth W-2 is required but is not given on time, you must give the employee Notice 797 or your written statement by the date Form W-2 is required to be given. If Form W-2 is not required, you must notify the employee by February 7, 2012. 91 EXHIBIT F You must hand the notice directly to the employee or send it by first-class mail to the employee's last known address. You will not meet the notification requirements by posting Notice 797 on an employee bulletin board or sending it through office mail. However, you may want to post the notice to help inform all employees of the EIC. You can get copies of the notice from IRS.gov or by calling 1-800-829-3676. How Will My Employees Know If They Can Claim the EIC? The basic requirements are covered in Notice 797. For more detailed information, the employee needs to see Pub. 596, Earned Income Credit (EIC), or the instructions for Form 1040, 1040A, or 1040EZ. How Do My Employees Claim the EIC? Eligible employees claim the EIC on their 2011 tax return. Even employees who have no tax withheld from their pay or owe no tax can claim the EIC and get a refund, but they must file a tax return to do so. For example, if an employee has no tax withheld in 2011 and owes no tax but is eligible for a credit of 5829, he or she must file a 2011 tax return to get the $829 refund. Can My Employees Get Advance EIC Payments? After 2010, your employees can no longer get advance payments of the credit in their pay during the year as they could in 2010 and earlier years, because the law changed. However, if they are eligible, they will still be able to claim the credit on their tax return. Form W-5, Earned Income Credit Advance Payment Certificate, is no longer in use. Nonce 1015 (Re . 12-2011) Cat. No. 205991 ... . '.MML tWROi vM�2�...i` r5 ti I kw g� il _ I [ ��(I t: J i rIP3 .Oc + ut y' S;st a('Ticf&ed iG s0lt at jiwy ktgo jai Ur-l!T(' Split Dia in Los AngeLes Gt1l1q. No shacsi�. IUB i'!a,n Nay names In Los Anocift C�WntY �1 � ,BFBY. SAFE * t-BZ7 wvrnluby�ai Fw-ry bab}- deserves a eGr nr r fm .i healshy life. ,If sv;nearir�nu krmuf:i ransidering rth.indnningaImby, let Garkn"u rlxsc are Other optims For three day3 (721uiurj after birlh; it bafiy can be.?terrepidrred to staff a: any hospital av fresta:2ou IN 7w Angeles Eowity. ry r. J w _ti E e�s�i, ! 1.1)5 recarsn naczd4.)s pueekn ser e%rtregadys e ' 60rma se �itn a alpersonal do cualquier Most'll c49 uartel de bomr eros del Cerdadc de Los Angeles .r . ry r. J w _ti E e�s�i, ! 1.1)5 recarsn naczd4.)s pueekn ser e%rtregadys e ' 60rma se �itn a alpersonal do cualquier Most'll c49 uartel de bomr eros del Cerdadc de Los Angeles Cnd�t vrcien ir.:cidir sc mervice fr apnrtuairL:r1 de renrr una tpida s hdable. Si t4gvwn gue usxd conte cstri perua.ulo en abandonar a un reciln naevio, in y?*:ele pe tim,� mrat operones lidsra:rrs dirt; f72 horazi dr.5purs del ;v�ri3nrrnto, .v puv�le t��tna�nr unn:drn u::crila al persorvtl de Cw&juier lwrpilal a cru:rtel de bombas &I tottilado de leis Angeles, EXHIBIT H BOND FOR FAITHFUL PERFORMANCE Annually Renewable Performance and Payment Bond KNOW ALL MEN BY THESE PRESENTS: That ("Principal") and ("Surety"), are held and firmly bound unto the COUNTY OF LOS ANGELES, State of California ("Obligee"), in the penal sum of dollars for the payment of which sum, the Principal and Surety bind themselves, and each of their heirs, administrators, executors, successors and assigns, jointly and severally, finely by these presents. WHEREAS, the Principal has entered into a contract with the Obligee entitled (Title) (the "Franchise Agreement") for the performance of the terms, conditions, covenant and obligations and services set forth in the Franchise Agreement, including but not limited to providing Franchise services in bins or dumpsters and roll -off boxes in the unincorporated areas of Los Angeles County and payment of the applicable franchise fee; and payment of any liquidated damages assessed pursuant to the Franchise Agreement; and WHEREAS, the Franchise Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein; NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the Principal shall well and truly perform each and every covenant and obligation in the Franchise Agreement at the time and in the manner specified in the Franchise Agreement during the term of this bond, and shall reimburse the Obligee for all loss and damage which the Obligee may sustain by reason of failure or default on the part of the Principal, then this obligation shall be void, otherwise it shall remain in full force and effect. PROVIDED, however that this bond is subject to the following conditions and provisions: 1. This bond is for the term beginning and ending 2. In the event of default by the Principal in the performance of the Franchise Agreement during the term of this bond, the Surety shall be liable only for the loss to the Obligee due to damages as described in Section 15 of the Franchise Agreement. The Surety, after investigation, shall with reasonable promptness determine the amount for which it may be liable to the Obligee as soon as practicable after the amount is determined, and tender payments to the Obligee to secure substitute services, remedy damages incurred, and ensure satisfaction of all performance obligations as set forth in Section 15 of the Franchise Agreement and only for the purpose of enforcing such Franchise Agreement obligations as they pertain to this bond. 3. Except for a claim for compensatory damages as defined in Section 17, DA of the Franchise Agreement, no claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless it be brought or instituted and process served upon the Surety within two years after the expiration of the stated terms of this bond. 4. Neither non -renewal by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of non -renewal, shall itself constitute loss by the Obligee recoverable under this bond, notwithstanding any language in the Franchise Agreement to the contrary. 5. The bond may be extended for additional one-year terms at the option of the Surety, by Continuation Certificate executed by the Surety. Every extension must provide for continuing liability in the above amount notwithstanding any payment or recovery thereon. 6. The liability of the Surety under this bond and all Continuation Certificates shall not be cumulative and under no circumstances shall the Surety's liability exceed the penal sum stated herein. 7. No right of action shall accrue on this bond to or for the use of any person, entity or corporation other than the Obligee and this bond cannot be assigned to any other party without the written consent of the Surety. 8. Other than the Surety's right to renew this bond to extend its termination date, the Surety stipulates and agrees that any change, extension of time, alteration or addition to the terms of the Contract, including alterations in the work to be done, or increase or decrease of the material to be furnished, shall not in any M EXHIBIT H way release either the Principal or Surety, and Surety hereby waives notice of any such change, extension of time, alteration or addition. 9. In the event that suit is brought against this bond, the Surety will pay, in addition to the penal sum herein, costs and reasonable expenses and fees, including reasonable attorney's fees, as awarded and fixed by the court. Signed and sealed this day of Principal Surety BY: (Seal) BY: (Seal) Name and Title BY: Name and Title APPROVED AS TO FORM: ANDREA SHERIDAN ORDIN County Counsel BY: Deputy Attorney-in-fact 97 1 EXHIBIT I -FRANCHISEE DOCUMENTATION (PAGE 98 — xxx) Will be entered after receipt of bond and insurance 1. Form PWA Verification of Proposal 2. Form PW -3 Conflict of Interest Certification 3. Form PW -5 Proposer's Equal Employment Opportunity Certification 4. Form PW -6 List of Subcontractors 5. Form PW -8 GAIN and GROW Employment Commitment 6. Form PW -10 Charitable Contributions Certifications 7. Form PW -13 Defaulted Property Tax 8. Form PW -14 Recycling and Waste Diversion Plan 9. Form PW -15 Subscription Order Template 10. Form PW -16 Unpermitted Waste Screening Protocol 11. Form PW -17 Personnel Contact List 12. Form PW -18 Solid Waste Facilities 13. Form PW -19 Service Area Checklist 14. Form PW -20 Vehicle Information 15. Waste Collectors Permit 16. Insurance Accord 17. Performance Bond M FORM PW -1 (AZUSA) VERIFICATION OF PROPOSAL DATE: February 6, 2012 1 THE UNDERSIGNED HEREBY DECLARES AS FOLLOWS: 1. THIS DECLARATION IS GIVEN IN SUPPORT OF A PROPOSAL FOR A CONTRACT WITH THE COUNTY OF LOS ANGELES 2. NAME OF SERVICE: Bunter Waste Industries, Inc. DECLARANT INFORMATION 3. NAME OF DECLARANT: Cde Bun 4. 1 AM DULY VESTED WITi THE AUTHORITY TOMAWE AND SIGN INSTRUMENTS FOR AND ON BEHALF OF THE PROPOSER(S): S. MY TM-F,CAPACITY, OR RELATIONSHIP TO THE PROPOSER(S)IS: President PROPOSER INFORMATION- S. Plaposefs full legal name: Bwrtae Waste Industries, I= Telephone No.; 80U) 325-941T Address: 1D77 W. Gladstons SL A=ss CA 91702 Fea No.: (820 932-1578 Eman: minoMunteccom I County WebVen No.: 51508802 1 RS No.: 95.3398812 Business Ucenso No.: WA 7. Proposals flcd8ae business name(s) or dba(s) (ifanyy. WA County(s) of Reglsbetbn: NA Slats: WA Y s) hemne DBA: WA S. The Proposees form of business entity Is CHECK ONE} ❑ Sde pro Name of proprietor: ® A omporafko: Carporadm's prindpat place of business: 9890 Cherry Ave, Fontana. CA 92335 Stste of IncOrperatim: CdBomia Yearincorporated: 1978 ❑ Non-profit wrporatbn cerfilled untler IRS 50103 and registered With the CA Attorney General's Registry of CharBMle Trusts Pn;sidattlCEO: Secretary: ❑ A general partnership: Names of pattrim ❑ Aliimitedpartnership- Name ofd ❑ A7dmvenb,re of: Names of Joint ventures: ❑ A limited liability company Name of managing memhar. 9. The only parsons orfirms interested in Nis proposal es principals are the foibaing: Names) Cole Burr Tda President I Phare (909)4294200 Fax 9M4294290 Street M90 C" Ave City Fontana Stabs CA Tip 92335 Name(s) Richard Niflo Title Director. Municipal SWAM I phone (909) 4294200 Fax M) 4294290 Street 9890 Cherry Ave City Font" I State CA Zip 92335 10. Is yourt" wholly er mjo ty o med by, or a subsidlaryofanother famT ❑ No ® Yes If yes, name of parent firm: Bwltec Waste Group, Inc. Slate of lncorporatloNregisha9m of parent fimr. California Carporatbn 11. Has your flm1 done business under any other name(s) within the Iasi INe yearly? ®No ❑ Yes If yes, please Ilst dna other name(sj: Names} Year of name charge: Name(s): Yearofnarracha e: 12 Is your firm involved in any pendag acquisitim or merger? 19 No ❑ Yes Byes. Inclicato the associated companya nam 13. proposer adurowledges that if any false, msleadmg, incomplete, or deceptively unresponsive statements N connection with this proposal are made, the pmpasal my be rejected. The wdustion arts detarmbalton N this area she9 be at this DimaWs sole Judgment and the Dlrectols Judgment shall be final. 14. CHECK ONE ® (a) I am making Nese representation and all representation contained In this proposal on my personal knowledge: OR ❑ (b) I em making Nese r and as presentations contained In t k proposal based m kdonnafim and baliefthat they are We I declare under penally of perunder the laws %1vVn0.tnM and cormcL SI nature of Proposer or Auftrieed Newt Date: Febwary8,2012 Typo name ami title: Cola Bun, President Proposal for County of Lw Angeles BURRTEC M1 VERIFICATION OF PROPOSAL FORM PW -1 (POMONA) DATE: February 6, 2012 1 THE UNDERSIGNED HERESY DECLARES AS FOLLOWS: 1. THIS DECLARATION E GIVEN IN SUPPORT OF A PROPOSAL FOR A CONTRACT WITH THE COUNTY OF LOS ANGELES 2. NAME OF SERVICE Bumbso Waste Industries, Mc. DECLARANT INFORMATION 3. NAME OF DECLARANT: Cali Burr 4. I AM DULY VESTED VMN THE AUTHORITY TO MAKE AND SIGN INSTRUMENTS FOR AND ON BEHALF OF THE PROPOSER(S): 5. My TITLE, CAPACITY, OR RELATIONSHIP TO THE PROPOSER(S) IS: Pmeldent PROPOSER NffORIMTION. 5. Pm life fufi legal name: Bunco Wane Indusirtas, Inc. Tel ephwts No_ (009) 820-1353 Address: 1250 E. Fb8 Blvd, Pgnona, CA 91787 Fats No.: (909)6205141 Emalt Mirm6burnec.com Cmm!y WebVan No.:616WW2 IRS No.: 953396812 Business License No.: WA 7. Propossfs ficlPoous business name(s) or dba(s) (6 anyL any:WA Cou a of Reglstrallon; WA Sate: WA Years become DBA: WA S. The P efe form of business entity Is (CHECK ONLY ONE): ❑ Sole proprietor Name a etor. 19 A corporation: pn s pdncipel Place a dslness 9880 Ave, Fontana, CA 92335 Stebabxorpuaticn: CaYlpNa Year Incorporated: 1978 ❑ Nwtpn hh corporation certified under IRS 501®3 and registered rust Eta CA Attorney Gene's Registry a Charitable Trusts PresldeNlCEO: Sertetary; ❑ Agateral aMersHp. Names of ❑ A Ilmlted PartnersNp: Name of tfamral parhrer. ❑ Alam[ venture of Now Of joint venhsas: ❑ A limited 9abfifly company. Name of managing member: 9. The only persona or Bans Interested in this POPMI as prindpalsars the fall wing: Nama(a) Cole Burt Title President Street 9890C Ave Fontana Name(s) Ridmrd Nine Tim Director, 164unicipal Services Street 9MChemyAve CRY Fontan Phone (9091429.9200 State CA Phone (009) 4294200 Fax (9DB) 4291290 TIP Omni Fos (9 0 9) 4 29129 0 Slate CA ZIP 92335 10. Ls your firm wholly or majpny owned by, ora subsidiary a aroMer firtn7 ❑ No ®Yes If yea, name of parent firm Burrtw Waste Group. Inc. State Of fncorporetIDr'/m tm1on of parent firm: California Corporation 11. Has your firm done business under any other name(s) within the last Bve Name(s): Yeare7 ®No ❑ Mss If yes, please iisl ma other rrane(s): Year a name lenge: Naffs)' Year of name o`srge: 12 b your firm invoNed In rvry prudhg acquWtlan m nteger! ®No ❑Yes If yes, Inrscate Ute associated company's name: 13. Proposer acknowledges fret 6 any False, mleMcling, Ineomplets, or deceptively proposal are made, line Proposal may be r ioIn s amsunrespoall b at ft nm In s sole j;om wtlh this the grecbr's' eJect�. The evaluation eta detertnination M ihls area shall be at the gredofs sole Judgment oral pdHment shag be Poul. 14. CHECK ONE ® (a) I am making these representation and all representation contained muds proposal on pry personal knowledge; OR ❑ (b) I am making thawand an representations contained in tlds proposal based on Information and befief that they are true. I declare oder penalty of pequry under Bre I boli and correct Signature of Proposer orAulhodmc! e Date: February 6, 2012 Type name and title: Cole Burr, Resident 100 FORM PW -11 (SANTA CLARITA) VERIFICATION OF PROPOSAL DATE: February 6, 2012 1 THE UNDERSIGNED HEREBY DECLARES AS FOLLOWS: I. THIS DECLARATION IS GIVEN IN SUPPORT OF A PROPOSAL FOR A CONTRACT WITH THE COUNTY OF LOS ANGELES 2. NAME OF SERVICE Bunlea Waste Induetrles, Inc. DECLARANT INFORMATION 3. NAME OF DECLARANT: Cole Burr 4. 1 AM DULY VESTED WITH THE AUTHORITY TO MAKE AND SIGN INSTRUMENTS FOR AND ON BEHALF OF THE PROPOSER(S): S. MY TITLE. CAPACITY, OR REIATIONSHPTO THE PROPOSENS) IS: President PROPOSER INFORMATION. 6. P Ys full *0 name: Burdee Waste Industries. Inc. Telephone No.: 661 222-2249 Address: 26D00 Sprin9brook Ave, Ste 101, Sada Clarits, CA 91350 Fax No.: (681) 222.7676 Emaik ndno®burtscmm I County WebVen No.: 51506602 IRS No.:953396612 Business License No.: N/A 7. P is Ac6Oouebuslmmmme(s)a s)(if!SX WA Cour s of Registration: WA Sss: WA Y s) became DBA: WA S. The Proposefs Torn of bus ess entity is (CHECK ONLY ONE): ❑ Sole pmplaler Name of Propietor. ® A Cwporetbn's 'nclpel pace of business: 9890 awry Ave. Fontana, CA 92335 3ste of Imo : Calfomla Year incorporated: 1978 ❑ No"roSt oaporation cerdlied under IRS 50103 and Presidv&CEO: registered with the CA Attorney General's Registry Of Charitable Trusts Secretary ❑ Ageneraf ershlp: Names of parte s ❑ A Angled partnership: Name of general pa ner. ❑ A'obdventmeof. Names OfjoirAvenbues: ❑ A forded fabMly Dompay: Nemo ofmanaging member. 9. The only persons Orfirms Interested in ISIS proposal as principals are the (otbrdrhg: Nams(s) Cole Surr I TNe President Plane (9119 429-0200 Fax 909) 42&4290 Street 9890 Cherry Ave LTtY Fontana Stale CA Zip 92335 Name(s) Richard (rick Tore D'oedw, Municipal Seabee Phone ) 429.4200 Fax (909 429.4290 Street 9890 Cherry Ave Cl6r Fontana Sete CA Zip 92335 10. Is your Atm wholly or mapdty owned by, or a subsidiary of another Arte? ❑ No 19 Yes If yes, rens of parent fine Sueriac Waste Group. Inc State of incorporatbNrogsDaOon of parent term California Corporation 11. Has your firm door busmn r under any other m e(s) within thelast five years? ®NO ❑ Yes If yes, please list the other nams(s): Name(s): Year of name charge: Nama(s): Yen of name change: 12. Is your Arm Involwd in any pending aopulsition or merger? 19 No ❑ Yes I yes, indicate the assmlated comparrvs name: 13. Proposer anlmowledges that'd any fake, misleading, incomplete, Or decelog"ly unresponsive statements In mnnscion with this proposal we made, the proposal nay be rejected. The evaluation and determination In this area shall be at the Direciae s sole Judgment and the Directorsjudgment shall be final. 14. CHECKONE M (a)1 am me" gess rWesenstbn and all representation contained in Gds proposal on my personal la"edge; OR ❑ (b) I am maidng these rap and all sens0orts contained in this proposal based on information and bellef that Otey ere hua 1 declare under penalty of perjury under to laws a andaorecL Signature of Proposer or Authorized Aged: Date: February S. 2012 Type name and VOW Cole Burt, President County of Los Angeles BURRTEC Commercial Services 4lYe'11 Take Care Of It" 101 POMONA FACILITY Proposal for Cotmty ■ ® BURRTEC County of Los Angeles Commercial Services We'll Take Care Ofll' 102 AZUSA FACILITY Proposal for County Los Angeles B' RRTEC Commercial V Services 103 `We'!! Take Care Of 11" SANTA CLARITA FACILITY Proposal for County of Los Angeles ® BURRTEC Commercial Services "We 111 Take Care Of it" 104 FORM PW -3 CONFLICT OF INTEREST CERTIFICATION ❑ sale owner ❑ general partner ❑ managing member ® President, Secretary or other pmper title Of Buntec Waste Industries Inc. Name of proposer make this certification In support of a proposal for a contract with the County of Los Angeles for services Within the scope of Los Angeles County Code Section 2.180.010, which provides as follows: Contracts Prohibited. A. Notwithstanding any other section of this code, the county shall not contract with, and shall reject any bid or proposal submitted by, the persons or entities specified below, unless the board of supervisors finds that special circumstances east which justify the approval of such contrscL 1. Employees of the county or of public agencies for which the board of supervisors is the governing body; 2. Profit-making firms or businesses in which employees described in subdivision 1 of subsection A serve as officers, principals, partners, or major shareholders; 3. Persons who, within the Immediately preceding 12 months, came within the provisions of subdivision 1 of subsection A. and who: (a) Were employed in positions of substantial responsibility in the area of service to be performed by the contract or (b) Participated In any way in developing the contract of its service specifications; and 4. Profit-making firms or businesses in which the former employees described in subdivision 3 of subsection A, some as officers, principals, partners, or major shareholders. 1 hereby certify I am informed and believe that personnel who developed andfor participated in the preparation of this contract do not fall within scope of Code Section 2.180.010 as cited above. Furthermore, that no County employee whose position In the County enables him/her to influence the award of this contract, or any competing contract, and no spouse or econornic dependent of such employee is or shall be employed In any capacity by the Contractor herein, or has or shall have any direct or Indirect financial Interestthis contract. I understand and agree that any falsfication in this Certificate will e grounds for rej- this Pro so[ and cancellation of any contract awarded pursuant to this Proposal. Proposal for Angeles ® BURRTEC Commercial Services ^We'U Take Care Of fr" 105 FORM PW -5 PROPOSEITS EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION In accordance with Los Angeles County Code Section 4.32.010, the Proposer certifies and agrees that all persons employed by it, Its affiliates, subsidiaries, or holding companies are and will be treated equally by the firm vrithout regard to or because of race, religion, ancestry, national origin, or sex and in compliance with all anti -discrimination laws of the United States of America and the State of California. t. The proposer has a written policy statement prohibiting any discrimination ® YES In all phases of employment. ❑ NO 2. The proposer periodically conducts a self-analysis or utilization analysis N YES of its work force. ❑ NO 3. The proposer has a system for determining if its employment practices N YES are discriminatory against protected groups. ❑ NO 4. Where problem areas are Identified in employment practices, the N YES proposer has a system for taking reasonable corrective action to include ❑ NO establishment of goals and timetables. mr `ropoimil County f L 28 ® BURRTEC County of Los Mgelrs Commercial Servlc 1Ye'll rake Care Of 11" GAIN AND GROW EMPLOYMENT COMMITMENT The undersigned: FORM PW -B ❑ has hired participants from the County's Department of Social Services' Greater Avenue for Independence (GAIN) and/or General Relief Opportunity for Work (GROW) employment programs. M 99 declares a willingness to consider GAIN and GROW participants for any future employment opening if participant(s) meet the minimum qualifications for that opening, and declares a willingness to provide employed GAIN and GROW participants access to proposer's employee mentoring program(s), if available, to assist those individuals in obtaining permaa t employment and/or promotional opportunities. Sign atu Title President Firm ame Date Bunter Waste Industries, Inc. February 6, 2012 Proposal for 31 Courtly of Los Angeles 0 BURRTEC Commercial services 'We'll Take Care Of It" 107 FORM PW40 CHARITABLE CONTRIBUTIONS CERTIFICATION Buntec Waste Industries, Inc. Company Name 9890 Cherry Ave, Fontana, CA 92335 Address psnoEv Y Internal Revenue Service Employer Identification Number WA California Registry of Charitable Trusts "Cr number (if applicable) The Nonprofit Integrity Act (SB 1262, Chapter 919) added requirements to California's Supervision of Trustees and Fundraisers for Charitable Purposes Act, which regulates those receiving and raising charitable contributions. CERTIFICATION Proposer or Contractor has examined its activities and determined that it does not now receive or raise charitable contributions regulated under California's Supervision or Trustees and Fundraisers for Charitable Purposes Act. If Proposer engages in activities subjecting it to those laws during the tens of a County contract, it will timely comply with them and provide County a copy of the initial registration with the California State Attorney General's Registryof Charitable Trusts when filed. m Proposer or Contractor is registered with the California Registry of Charitable Trusts under the CT number fisted above and is in compliance with its registration and reporting requirements under California law. Attached is a copy of its most recent filing with the Registry of Charitalke Trusts as required by Tide 11 Califomia Code of Regulations, 30030 nd Govemment Code sections 12585- 12586. YES NO (X) ( ) February 6, 2012 Signature Date Cole Burr President Name and Title (please type or print) PMPOW for 33 IM FORM PW -13 CERTIFICATION OF COMPLIANCE WITH THE COUNTY'S DEFAULTED PROPERTY TAX REDUCTION PROGRAM The Proposer certifies that: ® It is familiar with the terms of the County of Los Angeles Defaulted Property Tax Reduction Program, Los Angeles County Code Chapter 2.206; AND To the lest of its knowledge, after a reasonable inquiry, the ProposerBidder/Contractor Is not in default, as that term is defined in Los Angeles County Code Section 2.206.020.E, on any Los Angeles County property tax obligation; AND The ProposerBldder/Contractor agrees to Comply with the County's Defaulted Property Tax Reduction Program during the term of any awarded contract. -OR- I am exempt from the County of Los Angeles Defaulted Property Tax Reduction Program, pursuant to Los Angeles County Code Section 2.206.060, for the following reason: I declare under penally erjury under the laws information stated abo 1 e and rrect. Print Name: Title: Signature: Date: of the State of California that the President February 6, 2012 C Lm�� 50 BURRTEC Commerc®I Services We'll rake Care 0%7i^ 109 FORM PW -14 (AZUSA) RECYCLING AND WASTE DIVERSION PLAN one of the primary reasons the County is entered into the non-exclusive commercial franchise agreements is to increase commercial and muni -family recycling and to assist the county in its efforts to comply with the State's recycling mandates. The success of your Recycling and Diversion Plan is key to achieving that goal. Proposers must have a County Approved Recycling and Waste Diversion Plan to be considered responsible. An Incomplete or unapproved Recycling and Waste Diversion Plan may be cause for disqualification of proposal. Attach additional sheets if necessary. General Company Information Company Name: Burdec Waste Industries Inc. Contact Person Representing Company: Richard Nifro Title: Director Municipal Services Phone Number. (909) 429-4200 E-mail Address: - rninorutburtec corn Type of collection sarvicas that will be provided (check all that apply) ® Commercial waste collection 191 Industrial waste collection ® Multi -family waste collection ® Construction and Demolition waste collection ® Roll -Off Services CO Other waste collection (please specify): Baled material recycling buy-back Program Details 1. Do you plan on transporting your commercial solid waste from Los Angeles County unincorporated areas (CUA) to a Materials Recovery Facility (MRF) and/or transferlprccessing facility? Yes lM No O if yes, how much of your CUA waste will you transport to a MRF? Percentage56-75% Please provide names) of Material Recovery Fadlity and recovery rate(s). A) Allan Company MRF Recovery Rate 60-80% B) Puente Hills MRF MRF Recovery Rate 25.80% 2. Do you currently provide separate collection services for the following? (check al that apply) IM Recyclable materials ® Green Waste IM Manure OO Food Waste ® Bulky items ® Universal Waste 191 Hectronic Waste 17 Other Sharp (drop off service) Christmas trees tires P"'posaifor 51 ® BURRTEC County of Los Angeles Commercial Services Well Take Care Of it" 110 PW -14 (Azusa) -Continued 3. Please complete the form below and provide details on all the recycling efforts, programs and procedures your plan to Implement (check all that appy). Attach additional sheets if necessary. Ifyou provide ROLL- OFF SERVICE exriusiveiv please comiSete items D and E only in this secs A: Site Visit and Audit You must visit all customers, evaluate whether their existing levels of refuse and recycling service is appropriate, and promote and implement recycling services whether or not customers are subject to mandatory commercial recycling requirements understate law. (See ATTACHMENT #1 to the commercial franchise: C. SOLID WASTE AUDITS) The following people wilt conduct site visits: ® existing staff within our company (recycling coordinator) ❑ a subcontractor ❑ other. You will schedule site visits In the following manner. ® telephone IM direct mail ® in person ® other: e-mail ❑ Other information you worid like to add: B: Types of recycling containers and sizes offered ❑ One cubic yard bin (see below) 19 four cubic yard bin ® 32135 gallon recycling cart ® One and a half cubic yard bin ❑ Five cubic yard bin ® 64/65 gallon recycling cart ® Two cubic yard bin IF Six cubic yard bin 1@ 94/95 gallon recycling cart Ix7 Three cubic yard bin ❑ Seven or more cubic yard bin W Other 10, 20 & 40 yd roll• off and compactors 8 Food waste container (indicate types and sizes offered) _ 32, 642 95 gallon barrels/1.5 and 3 yard bins ® Manure container (indicate types and sizes offered) 32, 64 95 gallon barrels/l.5 and 3 yard bins *Suntec will provide 1.5 cubic yard bin to all mandatory recycling customers in lieu of the 1 cubic yard bin C: Recycling container contamination procedures ❑ 1-9% IM 20.29%xl@ 40-09% ❑ 10-19% IM 30-39% ® 50% or more Contamination observed — First occurrence ❑ container collected with no follow-up action IM container collected and notified customer with a warning ❑ container riot collected and tagged with non -collection notice ❑ other. ProposaiCounty + !"gates 52 0 BURRTEC Commercial Services - lYe4rTake Care Of it" 111 PW -14 (Azusa) - Continued Contamination observed — Second occurrence ❑ container collected with no follow-up action ❑ container collected and notified customer with a warning ❑ container not collected and tagged with non -collection notice ® container not collected, tagged and customer contacted in person or phone with second warning ❑ container collected and customer charged for pick-up ❑ container collected, customer charged for pick-up and recycling container removed ❑ other. Contamination observed — Third occurrence ❑ container collected with no follow-up action ❑ container collected and notified customer with a warning ❑ container not collected and tagged with non -collection notice ❑ container not collected, tagged and customer contacted in person or phone with second warning ❑ container collected and customer charged for pick-up ® container collected, customer charged for pick-up and recycling container removed ❑ other. ® We will notify the County N we remove any recycling contalner from a customer due to excessive contamination, upon request D: Required recycling efforts ® We understand and acknowledge that under the commercial franchise we must use our best efforts to implement measures intended to achieve source reduction, recycling and waste diversion goals for solid waste we collect . ® We understand and aclmowtedge that under the commercial franchise we must use our best efforts to divert bulky items, electronic waste, CEDs, manure and contraction and demolition debris from disposal. E: intedurisdictional routes (incorporated and unincorporated areas) allocation methodology How do you verify a service address to determine if the origin fags within County unincorporated boundaries? Service addresses are sorted and jurisdictions of origin determinations are made for each customer by. ❑ our office staff manually searches customers' address using mapping software or Thomas guide ® we enter each customer's service address into a database, the fitter the data through an automated mapping software that separates unincorporated addresses from incorporated addresses ❑ other. How do you calculate the incorporatedfunincorporated percentage allocations? ® (1) add together the aggregate disposal / recycling capacity -service volume (yardstbins, gallonsicarts) for all customers with service addresses in the unincorporated and Incorporated areas (2) multiple each jurisdiction's tonnage by standard, average weights per cubic yardlgallon (3) determine the percentage each jurisdictional tonnage comprises of the total route tonnage ❑ other. Proposal for 53 County of Los Angeles ® BURRTEC Commercial Services OlVell rake care Of It" 112 PW -14 (Arose) -Continued 4. Tonnage and DiYamlon Rate Summer Table a. r conn BiW Ton a Table DISPOSAL FOR CURRENT YEAR (Et6amYa TmmINOYM, ) FOR M Mly CATEGORY CFFACnDYUSED RESIDENTIAL MULn-FAMLY COMMERCIAL AL5 (SIIgM Family (3mmare WLa end 2 udb REFUSE Puerile tGIM Land6d 23,953 649 614 25,216 SCh0H Canyon Landfill 3,239 4 3.243 PAPER Almn 006 6 4 10 Puente Hills MRF 0 PLASTICS Alan CoInpany 222 1 223 Puente Hills Miff 0 GLASS AbnCoTpBW 613 1 614 Puente Nib MRF ° METALS Puente HMS MRF Allan CoMparlySA 1 1 Revidby° 150 160 YARD WASTE Puente Hula MRF 13,479 12 36 13.526 9d" LandN 21173 2173 Wast Vallm MRF 17 17 BULKY ITEMS Puente Hae MRF 9 22 31 WHITEGOODS Puente Hdlg Miff G C&D N W 32 32 Pack Rd Groom Pit 160 160 PU ft Hide MRF 0n DawnfoWh Dlverab 0 SHARPS Thermal Combu66on UYIONmlore Ire. 0 FOODWASTE weal Va7oy MRF 0 C WASTE ERecyoWS 35 36 Co , Proposal for County of Loa Angeles 54 Comnercial Services ® BURRTEC WeY1 Take Care Ogfr^ qt3 FORM PW -14 (POMONA) RECYCLING AND WASTE DIVERSION PLAN One of the primary reasons the County is entered into the non-exclusive commercial franchise agreements is to Increase commercial and multi -family recycling and to assist the county in its efforts to comply with the State's recycling mandates. The success of your Recycling and Diversion Plan is key to achieving that goal. Proposers must have a County Approved Recycling and Waste Diversion Plan to be considered responsible. An Incomplete or unapproved Recycling and Waste Diversion Plan may be cause for disqualification of proposal. Attach additional sheets if necessary. General Company Information Company Name: Buntec Waste Industries Inc. Contact Person Representing Company. Richard Nifto Title: Director Municipal Services Phone Number. (909) 429-4290 E -mall Address: minofburrfec com Type of collection services that will be provided (check all that apply) IT Commercial waste collection 0 Industrial waste collection O Multi -family waste collection 0 Construction and Demolition waste collection 0 Roll -Off Services 0 Other waste collection (please specify): Baled materials recycling buy-back Program Details 1. Do you plan on transporting your commercial solid waste from Los Angeles County unincorporated areas (CUA) to a Materials Recovery Facility (MRF) and/or transfer/processing facility? Yes 0 No ❑ if yes, how much of your CUA waste will you transport to a MRF? Percentage 50-7506 Please provide name(s) of Material Recovery Facility and recovery rete(s). A) West Valley MRF MRF Recovery Rate 60-80% B) Puente Hills MRF MRF Recovery Rate 25.80% 2. Do you currently provide separate collection services for the following? (check all that apply) 0 Recyclable materials 0 Green Waste 0 Manure 0 Food Waste 0 Bulky items 0 Universal Waste 0 Electronic Waste 0 Other Sharp (drop off service) Christmas trees tires Proposal for 55 County of Ips Angeles ®13URRTEC Commercial services Ife'lt Take Care Of Ito 114 PW -14 (Pomona) Continued 3. Please complete the form below and provide details on all the recycling efforts, programs and procedures your plan to Implement (check a0 that apply). Attach additional sheets if necessary. If you provide ROLL- OFF SERVICE exclusively, DIRBSO complete items D and E only in this section. A: Site Malt and Audit You must visit all customers, evaluate whether their existing levels of refuse and recycling service Is appropriate, and promote and implement recycling services whether or not customers are subject to mandatory commercial recycling requirements under state law. (See ATTACHMENT #1 to the commercial franchise: C. SOLID WASTE AUDITS) The following people will conduct site visits: ® existing staff within our company (recycling coordinator) ❑ a subcontractor ❑ other. You will schedule site visits In the following manner. ® telephone ® direct mail ® in person O other. e-mail ❑ Other information you would like to add: B: Types of recycling containers and sizes offered ❑ One cubic yard bin (see below) IK four cubic yard bin 1x7 32135 gallon recycling cart ® One and a half cubic yard bin ❑ Five cubic yard bin ® 64165 gallon recycling cart 171 Two cubic yard bin I% Six cubic yard bin ® 94195 gallon recycling cart ® Three cubic yard bin ❑ Seven or more cubic yard bin IM Other 10, 20 & 40 yd roll- off and compactors O Food waste container Qndieate types and sizes offered) 32, 64,95 gallon barrels/1.5 and 3 yard bins ® Manure container Qndicate types and sizes offered) 32, 64, 95 gallon barrels/1.5 and 3 ward bins 'Burdpc will provide 1.5 cubic yard bin to all mandatory recycling customers in lieu of the 1 cubic yard bin C: Recycling container contamination procedures ❑ 1-9% © 20.29% IM 4o-4ga6. ❑ 10.19% IKI 3039% ® 50% or more Contamination observed — First occurrence ❑ container collected with no follow-up action © container collected and notified customer with a warning ❑ container not collected and tagged with non -collection notice ❑ other. Proposal for 56 County Los Angeles i BURRTEC Commercrc ial Services "H'e'll Take Care Ofri" 115 PW -04 (Pomona) Continued Contamination observed — Second occurrence ❑ container collected with no follow-up action ❑ container collected and notified customer with a warning ❑ container not collected and tagged with non -collection notice ® container not collected, tagged and customer contacted in person or phone with second warning ❑ container collected and customer charged for pick-up ❑ container collected, customer charged for pickup and recycling container removed ❑ other. Contamination observed—Third occurrence ❑ container collected with no follow-up action ❑ container collected and notified customer with a warning ❑ container not collected and tagged with non -collection notice ❑ container not collected, tagged and customer contacted in person or phone with second warning ❑ container collected and customer changed for pick-up © container collected, customer changed for pickup and recycling container removed ❑ other. I@ We will notify the County if we remove any recycling container from a customer due to excessive contamination, upon request D: Required recycling efforts © We understand and acknowledge that under the commercial franchise we must use our best efforts to implement measures intended to achieve source reduction, recycling and waste diversion goals for solid waste we coned. ® We understand and acknowledge that under the commercial franchise we must use our best efforts to divert bulky items, electronic waste, LEDs, manure and construction and demolition debris from disposal. E: iMerjurisdictional routes (incorporated and unincorporated areas) allocation methodology How do you verity a service address to determine If the origin falls within County unincorporated boundaries? Service addresses are sorted and jurisdictions of origin determinations are made for each customer by. ❑ our office staff manually searches customers address using mapping software or Thomas guide IKI we enter each customer's service address into a database, the filter the data through an automated mapping software that separates unincorporated addresses from incorporated addresses ❑ other: How do you calculate the incorporated/unincorporated percentage allocations? ® (1) add together the aggregate disposal / recycling capacity -service volume (yardslbins, gallons/carts) for all customers with service addresses in the unincorporated and incorporated areas (2) multiple each jurisdiction's tonnage by standard, average weights per cubic yardlgallon (3) detemdne the percentage each jurisdictional tonnage comprises of the total route tonnage ❑ other. Countyof57 ® BURRTEC County of Los Angeles ' Commercial Services IYe'rr Take Care Of rt" 116 PW -14 (Pomona) CmRinuad F�mrl1XilI TTTI Pi- w-1 . 10 NOTE: FOR SERVICE WRHIN COUNIYUNSJOORppRpT®AREAS OM. -FM-UL=- tWmr mm OF FAcum USED MULTI+AWLY COMMERCIAL ROLLOFF iDTALS F�mrl1XilI TTTI PS'L�iir i�T LL '-f . - . . _ .0 (Diversion Plan) is Correct and T. - . Plan at a later date by Submitting a subseqtlentr Tide: President iversion -n all Modify this Proposal for CofLos Angeles 58 O BURRTEC Commercial SatYlcea 'Wr7 rake care Of IT" 117 __.__ _ -_ _ O{SfbSAL FOR CURRENTYFAR(EMtrnaroe Tons) NOTE: FOR SERVICE WRHIN COUNIYUNSJOORppRpT®AREAS OM. -FM-UL=- tWmr CATEGORY OF FAcum USED MULTI+AWLY COMMERCIAL ROLLOFF iDTALS ra2�wid ( REFUSE Puente Hills LanmlA 17 17 W"Valle TSIMRF 1472 e 1,478 PAPER Wast VSDBY MRF 0 PuaMS tit MRF 0 FIASnCS WagV MRF 0 Puente Has MRF 0 GLASS Went Vetb MRF 0 Peelle Hie MFF 0 METALS W09 VSQW MRF 0 PUento His MRF 0 Yum WASTE West Valley MRF 80 80 Puente Hie MRF 0 BULI(Y t7EM3 WWSIVeI MtiF 0 Puente His MRF 0 wHIIE GOODS West Valley MRF 0 C6D West Vat MRF 0 BHARP3 Thermo CgibuBtlDt1 Innovators 0 FOOD WASTE 1vvszty&eeXmRF 0 E WASTE E 0 PS'L�iir i�T LL '-f . - . . _ .0 (Diversion Plan) is Correct and T. - . Plan at a later date by Submitting a subseqtlentr Tide: President iversion -n all Modify this Proposal for CofLos Angeles 58 O BURRTEC Commercial SatYlcea 'Wr7 rake care Of IT" 117 FORM PW44 (SANTA CLARITA) RECYCLING AND WASTE DIVERSION PLAN One of the primary reasons the County is entered into the non-exclusive commercial franchise agreements is to increase commercial and multi -family recycling and to assist the county in its efforts to comply with the State's recycling mandates. The success of your Recycling and Diversion Plan is key to achieving that goal. Proposers must have a County Approved Recycling and Waste Diversion Plan to be considered responsible. An Incomplete or unapproved Recycling and Waste Diversion Pian may be cause for disqualification of proposal. Attach additional sheets if necessary. General Company Information Company Name: Bumlec Waste Industries Inc. Contact Person Representing Company. Richard Nilo Title: Director Municipal Services Phone Number. (909) 4294200 E-mail Address: minoRbunteccom Type of collection services that will be provided (check all that apply) ® Commercial waste collection ® Industrial waste collection ® Multi -family waste collection ® Construction and Demolition waste collection El Roil-OffServicgs ® Other waste collection (please specify): Baled material recycling buy-back _ Program Details 1. Do you plan on transporting your commercial sold waste from Los Angeles County unincorporated areas (CUA) to a Materials Recovery Facility (MRF) andlor transfer/processing facility? yes ® No ❑ if yes, crow much of your CUA waste will you transport to a MRF? Percentage5M% Please provide names) of Material Recovery Facility and recovery rate(s). A) Burbank Recycling _ MRF Recovery Rate 60-80% B) Community Recycling MRF Recovery Rate 20-80% C) Sun Valley Paper MRF Recovery Rate 60-80% 2. Do you currently provide separate collection services for the following? (check all that apply) m Recyclable materials ID Green Waste ® Manure ® Food Waste ® Bulky items ® Universal Waste ® Electronic Waste © Other: Sharps (drop off service) Christmas trees, tries Proposal far County of Los Angeles ss ® BURRTEC Commercial Services "We 4l rake Care Of It" 118 PW -14 (Santa Clarks) - Continued 3. Please complete the form below and provide details on all the recycling efforts, programs and procedures your plan to implement (check all that apply). Attach additional sheets if necessary. If Youora✓Ide ROLL- OFF SERVICE exclusively. Disase comoleta hams D and E only in thissection. A: Site Visit and Audit You must visit all customers, evaluate whether their existing levels of refuse and recycling service is appropriate, and promote and Implement recycling services whether or not customers are subject to mandatory commercial recycling requirements under state law. (See ATTACHMENT #1 to the commercial franchise: C. SOLID WASTE AUDITS) The following people will conduct site visits: 00 existing staff within our company (recycling coordinator) You will schedule $He visits in the following manner. 0 telephone © direct mail © in person ® other: e-mail ❑ Other information you would like to add: B: Types of recycling Containers and sizes offered ❑ One cubic yard bin (see below) ¢ four cubic yard bin 0 32135 gallon recycling cart ® One and a half cubic yard bin ❑ Five cubic yard bin © 64165 gallon recycling cart IM Two cubic yard bin C Six cubic yard bin ® 94/g;'i gallon recycling can ® Three cubic yard bin ❑ Seven or more cubic yard bin IM Other 10, 20 & 40 yd roll- off and compactors ® Food waste container (indicate types and sizes offered) 32, 64, 95 gallon barrels/1.5 and 3 yard bins ® Manure container (indicate types and sizes offered) 32, 64 95 gallon barrels/1.5 and 3 yard bins "Buntec will provide 1.5 cubic yard bin to all mandatory recycling customers in lieu of the 1 cubic yard bin C: Recycling container contamination procedures ❑ 1-9% IM 20-29% ® 40-49% ❑ 10-190/0 IM 3039% IM 50% or more Contamination observed — First occunence ❑ container collected with no follow-up action IM container collected and notified customer with a warning ❑ container not collected and tagged with non -collection notice ❑ other. Proposal for -. County rc Los Angeles so 0 BURRTEC Commercial Servicess We'll Take Care Of 110 119 PW -14 (Santa Clarke) • Continued Contamination observed — Second occurrence ❑ container collected with no follow-up action ❑ container collected and nofified customer with a warning ❑ container not collected and tagged with non-coiledbn notice M container not collected, tagged and customer contacted in person or phone with second warning ❑ container collected and customer charged for pick-up ❑ container collected, customer charged for pick-up and recycling container removed ❑ other. Contamination observed —Third occurrence ❑ container collected with no follow-up action ❑ container collected and notified customer Win a warning ❑ container not collected and tagged with non -collection notice ❑ container not collected, tagged and customer contacted in person or phone with second warning ❑ container collected and customer charged for pick-up © container collected, customer changed for pick-up and recycling container removed ❑ other. © We will notify the County'd we remove any recycling container from a customer due to exce3811re contamination, upon request. D: Required recycling efforts 0 We understand and acknowledge that under the commercial franchise we must use our best efforts to Impiement measures intended to achieve source reduction, recycling and waste diversion goals for solid waste we collect. m We understand and acknowledge that under the commercial franchise we must use our best efforts to divert bulky items, electronic waste, CEDs, manure and construction and demorglon debris from disposal. E: intarjurisdictional routes (incorporated and unincorporated areas) allocation methodology How do you verify a service address to determine If the origin falls within County unincorporated boundaries? Service addresses are sorted and jurisdictions of origin determinations are made for each customer by: ❑ our office staff manually searches customers' address using mapping software or Thomas guide © we enter each customer's service address into a database, the filter the data through an automated mapping software that separates unincorporated addresses from incorporated addresses ❑ other: How do you calculate the Incorporated+unincorporated percentage allocations? ® (1) add together the aggregate disposal 1 recycling capadty-service volume (yardslbins, gallonslcarts) for all customers with service addresses in the unincorporated and incorporated areas (2) multiple each jurisdictions tonnage by standard, average weights per cubic yardlgallon (3) determine the percentage each jurisdictional tonnage comprises of the total route tonnage ❑ other. Proposal 61 County L ® BURRTEC Comm os Angeles Commercial Los Servkes `We'll Take Care Of it" 120 PW -14 (Santa CLv ta) - Continued ® 4 4. Tonnage and Diversion Rate Sranmary Table I hereby Our* that th Mori"� t Y L - 1 ® am - - aft ROcMng and Waste Marston Plan PivOMbn Plan) Is correct and cornplele. I aft MDdffY this Diversion Plan at a later data by aubrntting a subse�tuejt � Name of SiWied Date: FebruM a, 2012 i Proposal for COLU* of Los Angeas 62 conwnerm Services ® BURRTEC "lye 'a Take Care Offt^ 121 FORM PW -15 SUBSCRIPTION ORDER TEMPLATE REQUIRED DISTRIBUTION Prior to commencing service, you must give each of your customers a subscription order. At least once each year, you must give each of your customers a summary of the general form of the subscription order and directions on how to obtain a complete copy of a customer's specific order. (You may include the summary together with other correspondence to your customers, such as customer outreach and educational materials. See the franchise agreement.) REQUIRED CONTENT Your form of subscription order must contain the following information: (1) The scope of services, including size and number of containers, subscription date, and set -out site; "set -out site" means the place agreed to between waste hauler and its customers to collect MSW under County Code § 20.72.100. (2) Customer service charges, which may be in the form of a general fee schedule, clearly marked to indicate all fees (including bin delivery, bin pick-up, bin locks, additional pick-ups, etc.) that are specifically applicable to the customer; (3) Office hours, toll-free customer service telephone number, email address, and any website; (4) Disclosure that the customer's subscription is subject to your being a party to the non-exclusive commercial franchise agreement, and the subscription must be terminated if the franchise is terminated; (5) County telephone number that the customer may call after contacting waste hauler if the customer's service complaint is not satisfactorily resolved; (6) Any other information (in any format) requested by County. I acknowledge that the attached template will be used to prepare our subscription order form. Name of person signing form: Signed 122 Date: Title: FRANCHISEE NAME TRASH and RECYCLABLES Collection Services in Bins/Dumpsters CUSTOMER SUBSCRIPTION ORDER FORM PW -15 To Our Valued Customer: The County of Los Angeles Board of Supervisors (County) awarded FRANCHISEE NAME a franchise to provide trash collection and recycling services in bins and roll -off boxes for residential, mufti -family and commercial properties in the unincorporated communities of the County starting on July 1, 2012 and ending June 30, 2019. FRANCHISEE NAME takes great pride in the work we do to keep the environment clean and protected for our future. This subscription is subject to our being a franchised waste hauler under the County's commercial waste franchise agreement. Its tern is 7 years, unless you terminate service by (1) giving us 90 days notice without any cause if you are not delinquent in paying us any service charges (2) giving us 14 days notice, if we fail to provide service (such as missing pickup or failing to timely repair or replace carts)or we bill you incorrectly or (3) the franchise expires or is terminated by the County. We cannot automatically renew or extend your subscription without your consent If you want to extend it, you must ask us. We will provide a written final notice (postmarked at least 14 days in advance) if we are to suspend or terminate your service. The final notice will include an explanation for the suspension or termination and information on how to resolve your issue and restart service. BIN SIZES AND STANDARD SERVICE RATES Please review the service option that you ordered and the rates we will charge you (on or after July 1, 2012), marked below. We will bill you (MONTHLY / QUARTERLY71: BIN SIZE COLLECTION FREQUENCY I WEEK 1. $ I 2. 3. 1 4, 1 5. 6. 1 7. [List Bin Sizes and Standard Service Rates that you offer, and mark customer's.] ADDITIONAL STANDARD SERVICE All Customers: Recycling Containers —1 cubic yard capacity or 2 96,gallon carts FREE Additional or larger containers and capacity provided at HALF the trash rate Residential and Mutti•Family Customers ONLY: • FREE Holiday Tree Collection Services • Five On -Call Pickups or One Annual Cleanup Event of Bulky items and Electronics for Residential and Multi -Family Properties. We will provide one of the following service options upon your request: (1) Five pickups of bulky items (limit of five items per pick-up) and unlimited amounts of certain electronics at your request each year at no charge. If you call us at least 24 hours in advance we will collect them on your next regularly scheduled pickup day at the regular site for placing solid waste containers but not in any roadway or other public right of way. (2) One annual cleanup event with a collection of unlimited amounts of bulky items and certain electronics on the date agreed to between the customer and us, at the regular site for placing solid waste containers but not in any roadway or other public right of way. We will collect those materials at no charge. At least once each year we will talk with or meet in person the owner or superintendant of a multifamily residence and schedule the annual cleanup event. DISCOUNT SERVICES: List any discount services and rates that you provide.] ADDITIONAL SERVICES AND RATES: You may order any or all of the following additional services: [LIST] ro request additional services, ask questions or express concerns, please call our customer service department, CUSTOMER SERVICE Monday thru Friday 8 am to 5 pm at PHONE NUMBER and EMAIL ADDRESS 123 Manure Collection $ / week etc. Temporary Bin Rentals and Temporary Roll -Off Services ro request additional services, ask questions or express concerns, please call our customer service department, CUSTOMER SERVICE Monday thru Friday 8 am to 5 pm at PHONE NUMBER and EMAIL ADDRESS 123 FRANCHISEE NAME Bin Rental and Roll -Off Services CUSTOMER SUBSCRIPTION ORDER FORM PW46 To Our Valued Customer: The County of Los Angeles Board of Supervisors (County) awarded FRANCHISEE NAME a franchise to provide refuse collection and recycling services in bins and roll -off boxes for residential, multi -family and commercial properties in the unincorporated communities of the County starting on July 1, 2012 and ending June 30, 2019. FRANCHISEE NAME takes great pride in the work we do to keep the environment clean and protected for our future. This subscription is subject to our being a franchised waste hauler under the County's commercial waste franchise agreement. You may terminate service by giving us 14 days notice, if we fail to provide service (such as missing pickup or failing to timely repair or replace carts) or we bill you incorrectly or the franchise expires or is terminated by the County. BIN AND ROLL -OFF CONTAINER SIZES AND STANDARD SERVICE RATES Please review the service option that you ordered and the rates we will charge you (on or after July 1, 2012), marked below, for service. We will bill you BIN COLLECTION FREQUENCY / WEEK SIZE 1.1 COLLECTION FREQUENCY/ WEEK 2, 1. 2. 3, 4. 5. 6, 7. and Standard Service Rates that you offer, List Bin Sizes and Standard Service Rates that you offer, and mark customers. ROLL -OFF SIZE COLLECTION FREQUENCY / WEEK Temporary Bin Rentals and Temporary Roll 1.1 Services 2, 3. List Bin Sizes and Standard Service Rates that you offer, and mark customer's (Your efforts to reduce waste, recycle and buy products made from recycled content are integral components of a sustainable society, and we thank you for your efforts.) DISCOUNT SERVICES: List any discount services and rates that you provide.] ADDITIONAL SERVICES AND RATES: You may order any or all of the following additional services: [LIST] Manure Collection $ / week etc. Temporary Bin Rentals and Temporary Roll -Off Services To request additional services, ask questions or express concerns, please call our customer service department, CUSTOMER SERVICE Monday thru Friday 8 am to 5 pm at PHONE NUMBER or EMAIL ADDRESS. 124 FORM PW -16 UNPERMITTED WASTE SCREENING PROTOCOL you may not collect any unpermitted waste that you observe, unless you are legally licensed to do so. (In general,'unpermbed waste' is material you cannot dispose of in a class 2 landfill.) Describe your Unpermitted Waste Screening Protocol (check all that apply) In effect or to be in implemented as required under the franchise agreement. The Protocol becomes part of your franchise agreement. Attach additional sheets if necessary. (1) Ongoing employee training in identification, safety and notification procedures, including leaving non -collection tags, when safe; 0 All drivers, route personnel and new hires receive training and attend safety meetings We conduct safety meetings ❑ weekly Itg monthly ❑ quarterly ❑ annually fat other Tailgate meetings as nd ® We train drives in both identification and notification procedures when they discover unpemimed waste ® We instruct drivers who discover unpennitted waste to complete a non -collection notice, place one copy on the container (whenever safe) and file the second copy at the office ® The non -collection notice Includes an explanation of the violation and the proper means to dispose of the unpemnitted waste © Other procedures (please verify) More significant hazardous waste encounters are reports to the Route (2) Means of driver inspection, such as visual inspection during tipping of bins or other containers Into vehicles; Drivers inspect containers by using: ❑ camera systems 0 side minors ® manual inspection of container ❑ other (3) Immediate drive response, such as load segregation; ❑ We train all drivers to segregate unpermitted waste upon identification I@ Drivers will leave unpermitted waste at the service address and attach a non-cdlacgon notice to the container (4) Driver notirrcatfon, such as calling the waste haulees dispatcher or field supervisor; d the driver identified unpermitted waste, he or she notifies IM route supervisor ® dispatch ❑ customer service department ❑ other Proposal for s5 GounlymL ® BURRTEC Courtly of Los Angeles Comerdal Services "We 71 Take Care Of I!" 125 (5) Notification of appropriate local agency or department: ® Customer service monitors and records unparmimed personal waste violations Identified by drivers or other field ® If field personnel Identify hazardous waste, they will immediately notify. The County Fire Deparbnent and the appropriate local agency, who will remove ti. and The County ❑ Other procedures (please specify) (6) Appropriate aeeon, such as segregation and eontabartzation for manifesting and transport for disposal in accordance with law or securing services of Permitted handling and transport company; ❑ N a d!tve• (de.ntlffas urs-n"ted wasta, he or she calls and notifies the routs supervisor, and applies proper containment procedures. ❑ All collected unpamni ted waste Is property containerized, removed, and transported by a licensed contractor in accordance with applicable law ® Other procedures(please specify) _Unpemftted waste identified and notify appropriate Parses; we do not collsct nor handle maredals ly) Compliance with California state and federal laws, including regulations of the federal Department of Transportation (DOT) (Title 49 CFR) and the United Stales Environmental Protection Agency Mile 40 CFR); ® We will comply with all Local, State and Federal laws, Including compliance standards under Department of Transportation (DOT) (Title 49 CFR) and the United State Environmental Protection Agency rife 40 CFR, as well as the California EPA and DISC regulations. ❑ Other procedures (please specify) (6) Development and impiementaUon of a customer education program to maxlmlae exclusion of Unpermitted waste from disposal and to Promote safe handling of Unperrnitfed Waste. ® Within 3 months after the franchise date, we will attach conspicuous labels on each bin and ro0-off box. The labels will prohibit discarding unparmitted waste, Inducting illustrative examples ® We will develop and implement a Customer Education and Outreach Program to maximize safe handling and discard of unpennitted waste, including written information and materials. ❑ Other program detailllwPase specify) Name of Signed Tale: President Date: _Febnrarv6 2012 Proposal for County of Los Angeles 66 126 FORM PW -17 (AZUSA) PERSONNEL CONTACT LIST Identify key personnel and provide following information. Please verify all contact names, telephone and fax numbers, and email addresses before listing. Use additional Provide a comprehensive reference list of all contracts for goods andfor services provided by the Proposer during the previous three years. Please verify all contact names, telephone, and fax numbers before listing. Incorrect names, telephone, or fax numbers will be disregarded. Use additional pages if required. TITLE: Owner FULL NAME: Cole Burr ADDRESS: 9890 Cheny Ave Fontana, CA 92335 OFFICE PHONE: (909)429-1200 CELL PHONE: FAX: (909)429-4290 EMAIL: cote@buntec.com YEARS OF EXPERIENCE: 46 TITLE: General Manager FULL NAME: Mike Rhodes Jr ADDRESS: 1017 W. Gladstone St Azusa, CA 91702 OFFICE PHONE: (800) 325-9417 CELL PHONE: (909) 851-7734 FAX: (626)932-1578 EMAIL: mjrhodes@burrteecom YEARS OF EXPERIENCE: 17 TITLE: President FULL NAME: Cole Burr ADDRESS: 9890 Cherry Ave Fontana, CA 92335 OFFICE PHONE: (909) 429.4200 CELL PHONE: FAX: (909)429-4290 EMAIL: oole@buntec.com YEARS OF EXPERIENCE: 46 TITLE: Operations Manager FULL NAME: N/A ADDRESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: Proposal for 67 County of Los Angeles 0BURRTEC Commercial Services b'e'll Take Care OfJt" 127 TITLE: Customer Service Manager FULL NAME: MaryFierto ADDRESS: 1017 W. Gladstone St Azusa, CA 91702 OFFICE PHONE: (800) 325-9417 CELL PHONE: (909) 714-8172 FAX: (626) 932-1578 EMAIL: mfierro@burrteccom YEARS OF EXPERIENCE: 20 TITLE: Recycling Coordinator FULL NAME: Olivia Sanchez ADDRESS: 9890 CherryAve Fontana, CA 92335 OFFICE (909) 429.4200 PHONE: CELL PHONE: (909) 921-9711 FAX: (909) 429-4291 EMAIL: osanchez@burrtec.com YEARS OF EXPERIENCE: 13 PW -17 (Azusa) -Continued TITLE: Route Supervisor FULL NAME: Jose Guillen ADDRESS: 1017W. Gladstone St Azusa, CA 91702 OFFICE PHONE: (800) 325-9417 CELL PHONE: (909) 561-4829 FAX: (626) 932-1578 EMAIL: jguillen@burrterccom YEARS OF EXPERIENCE: 9 months TITLE: Accountant/book keeper who calculates and submits franchise tee to County FULL NAME: Rose Larsen ADDRESS: 9400 Cherry Ave, Bldg C Fontana, CA 92335 OFFICE (909) 743-6319 PHONE: CELL PHONE: NIA FAX: (909) 357-1578 EMAIL: iiarsen@burrtec.com YEARS OF EXPERIENCE: 22 Proposal for County of Los Angeles 88 ® BURRTEC Commerc(al Services We W rake Care OfR^ 128 FORM PW -17 (POMONA) PERSONNEL CONTACT LIST Identify key personnel and provide following information. Please verify all contact names, telephone and fax numbers, and email addresses before listing. Use additional Provide a comprehensive reference list of all contracts for goods and/or services provided by the Proposer during the previous three years. Please verify all contact names, telephone, and fax numbers before listing. Incorrect names, telephone, or fax numbers will be disregarded. Use additional pages if required. TITLE: Owner FULL NAME: Cole Burr ADDRESS: 9690 Cherry Ave Fontana, CA 92335 OFFICE PHONE: (909) 429-4200 CELL PHONE: FAX: (909)429.4290 EMAIL: cole@burrtec.cem YEARS OF EXPERIENCE: 46 TITLE: General Manager FULL NAME: Mike Samano ADDRESS: 1250 E. Holt Blvd Pomona, CA 91767 OFFICE PHONE: (909) 620-1353 CELL PHONE: (909) 549-6921 FAX: (909) 620-5141 EMAIL: msamano@burrtec.com YEARS OF EXPERIENCE: 5 TITLE: President FULL NAME: Cole Burr ADDRESS: 9890 Cherry Ave Fontana, CA 92335 OFFICE PHONE: (909) 429-4200 CELL PHONE: FAX, (909) 429-4290 EMAIL: cole@burrtec.com YEARS OF EXPERIENCE: 46 TITLE: Operations Manager FULL NAME: N/A ADDRESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: Proposal for County of s9 ®BURRTEC County of Los Angeles Commercial Services "We 'it rake Care Of It" 129 TITLE: Customer Service Manager FULL NAME: Daniel Lopez ADDRESS: 1250 E. Holt Blvd Pomona, CA 91767 OFFICE PHONE: (909) 620-1353 CELL PHONE: (909) 714-8174 FAX: (909) 620-5141 EMAIL: diopez@buntec.com YEARS OF EXPERIENCE: 6 TITLE: Recycling Coordinator FULL NAME: Olivia Sanchez ADDRESS: 9890 CherryAve Fontana, CA 92335 OFFICE PHONE: (909) 429-0200 CELL PHONE: (909) 921-9711 FAX: (909) 429-4291 EMAIL: osanchez@burrtec.com YEARS OF EXPERIENCE: 13 PW -17 (Pomona) -Continued TITLE: Route Supervisor FULL NAME: Manuel Zumaya ADDRESS: 1250 E. Holt Blvd Pomona, CA 91767 OFFICE PHONE: (909) 620-1353 CELL PHONE: (626) 319-5955 FAX: (909)620-5141 EMAIL: mzumaya@burrtec.com YEARS OF EXPERIENCE: 20 TITLE: Accountant/book keeper who calculates and submits franchise fee to County FULL NAME: Rose Larsen ADDRESS: 9400 Cherry Ave, Bldg C Fontana, CA 92335 OFFICE PHONE: (909) 743-6319 CELL PHONE: N/A FAX: (909) 357-1578 EMAIL: riarsen@burrtec.com YEARS OF EXPERIENCE: 22 Proposal for County of Los Angeles 70 Commercial Services ® BURRTEC 130 "IYe7l Take Care of/r^ FORM PW47 (SANTA CLARITA) PERSONNEL CONTACT LIST Identify key personnel and provide following Information. Please verify all contact names, telephone and fax numbers, and email addresses before listing. Use additional Provide a comprehensive reference list of all contracts for goods andfor services provided by the Proposer during the previous three years. Please verify all contact names, telephone, and fax numbers before listing. Incorrect names, telephone, or fax numbers will be disregarded. Use additional pages if required. TITLE: Owner FULL NAME: Cole Bum ADDRESS: 9890 CherryAve Fontana, CA 92335 OFFICE PHONE: (909) 429-4200 CELL PHONE: FAX: (909)429-4290 EMAIL: oole@burrtec.com YEARS OF EXPERIENCE: 46 TITLE: General Manager FULL NAME: Tim Williams ADDRESS: 26000 Springbrook Ave, Ste 101 Santa Clarita, CA 91350 OFFICE PHONE: (661) 222-2249 CELL PHONE: (760) 577-5042 FAX (661) 222-7876 EMAIL: tMiliams@burrtec.com YEARS OF EXPERIENCE: 11 TITLE: President FULL NAME: Cole Burt ADDRESS: 9890 Cherry Ave Fontana, CA 92335 OFFICEPHONE: (909)429-4200 CELL PHONE: FAX: (909) 429-4290 EMAIL: oole@burrtac.com YEARS OF EXPERIENCE: 46 TITLE: Operations Manager FULL NAME: WA ADDRESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: Proposal wAngeles 71 0 BURRTEC Commercial services WeW Take Care Of It" 131 TITLE: Customer Service Manager FULL NAME: Elena Drapeau ADDRESS: 26000 Spdngbrook Ave, Ste 101 Santa Clarita, CA 91350 OFFICE PHONE: (661) 222-2249 CELL PHONE: (661) 6449794 FAX: (661)222-7876 EMAIL: elena@burrtec.com YEARS OF EXPERIENCE: 30 TITLE: Recycling Coordinator FULL NAME: Olivia Sanchez ADDRESS: 9890 Cheny Ave Fontana, CA 92335 OFFICE PHONE: (909) 4294200 CELL PHONE: (909) 921-9711 FAX: (909)429-4291 EMAIL: osanchez@burrtec.com YEARS OF EXPERIENCE: 13 PW -17 (Santa Clarita) - Continued TITLE: Route Supervisor FULL NAME: Dan Kessler ADDRESS: 26000 Springbrook Ave, Ste 101 Santa Clarita, CA 91350 OFFICE PHONE: (661) 222-2249 CELL PHONE: (661) 9648539 FAX: (661) 222-7876 EMAIL: dkessier(dburrteacom YEARS OF EXPERIENCE: 31 TITLE: Accountant/book keeper who calculates and submits franchise fee to County FULL NAME: Rose Larsen ADDRESS: 9400 Cherry Ave, Bldg C Fontana, CA 92335 OFFICE PHONE: (909) 743-6319 CELL PHONE: WA FAX: (909)357-1578 EMAIL: riarsen@burrtec.com YEARS OF EXPERIENCE: 22 Proposal for County of Los Angeles 72 Commercial Services ® BURRTEC 'We'll Take Care Ofzt^ 132 FORM PW48 (AZUSA) SOLID WASTE FACILITIES Identify all solid waste facilities to which you deliver any materials that you collect In the unincorporated areas of the County, such as: Transfer processing stations, landfills, waste -to -energy plants, MRF's, composting facilities, conversion facilities and recycling brokers / companies (Including e -waste). Attached additional sheets if necessary. CATEGORY FACILITY MATERIALS TAKEN TO REFUSE Name of Fadlty: Puente Hi6s Landfill Address: 2808 S. Workman Mill Rd Whittier, CA W601 Telephone: (562)699-5204 Materials accepted: MuNdpal solid waste, dean dirt, green waste and asphalt Materials . ed: Hazardous waste ® Routes ane and universal waste ® Solid waste ® The exam net ® The solid © On a monthly Methodology used for albcatng paregMerhd materials are weight of the waste collected is basis, the fecifity materials or based on the weighed at the material collected than unloaded on will reconcile each determining route number, certified scales is allocated to the the flood and load with weight jurisdiction of origin percentage before entering jurisdidon(s) from prepared for records and of the waste allocation, and the factty. which the material Processing. allocations. stream, including jurisdiction of was collected. disposed residue. Orion. Check all that apply - IREFUSE REFUSE Name of Facility. Scholl Canyon Landfill (it applicable) Address: 7721 North Figueroa St Los Angeles. CA 90041 Telephone: (323)2459865 Meleriais a ted; Municipal solid waste, green waste dean Hazardous waste and universal waste © Routes ars © Solid waste did, clean asphalt W The exam net ® The sorid ® On a monthly Materials rejected: Methodology used for allocating preregistered materials are weight of the waste collected is basis, the facility materials or based on the weighed at the matadal collected Oren unloaded on will reconcile each determining route number, certified scales is allocated to the the flood and bad with weight jurisdiction of origin percentage before entering jurisddliah(s) from prepared for records and of the waste allocation, and the facility. which the material processing. allocations. stream, inducing jurisdiction of was collected. disposed residue. origin. Check all thatapply RECYCLABLES Name of FacW.. Allen Company Address: 146% Arrow Highway Baldwin Park, CA 91706 Telephone: (626) 963-0047 Materials accepted: Commingled recyclables Hazards us waste refuse Teen waste and organics © A waste ® Each "hide is ® The materials ® Each outbound ® All residue Materials re acted: Methodology used for allocating characterization is weighted at the are then delivered commodity weight materials are materials or conducted to ceNfied scales to the processing is collected and tracked based determining allocaia each type and a tare weight area where all rewndied with the upon the waste jurisdiction of origin of recovered and is captured. materials are waste dharactenation of the waste recycled material sorted and characterization and allocated to stream, including and all process processed for for the facility. the appropriate disposed residue residues by op imunh jurisdiction. Check all that apply I might diversion. Proposal for 73 County of Los Angeles 4D BURRTEC Commercial Services "We 'It Take Care Of It" 133 PWda favnml RECYCLABLES Name of Fatality: Puente Hills MRF ....... ,..... [if applicable) Address: 2608 S. Workman Mill Rd Whittier, CA 90601 Telephone: (562) 699-5204 Materials accepted: Cornmintiled recyclables and construction and demolition Hezardous waste and universal waste Materialsrejected: Methodology used O A waste O Each vehicle Is IEI The matsdals O Each outbound 91 All residue for allocating characterimtion is weighted at the are then delivered commodity weight materials are materials or conducted to certified scales to the processing is collected and backed based determining Jurisdiction of origin allocate each type of recovered and and a tare weight area where all reconciled with Is captured. the upon the waste of the waste recycled material materials are waste sorted and characterization characterImfion and allocated to stream, including disposed residue. and all process processed for for the facility. the appropriate Check all that apply residues by weight optimum diversion. jurisdiction. GREFSIWASTE Nameof Facility: Puenta Hills landfill Address: 2808 S. Workman Mill Rd Wnlbfer, CA 90601 Telephone: (562) 699-5204 Materials accepted7 Green and wood waste Materiels d: Trash hazardous weafe universal waste Ira fronds and cactus Methodology reed ® Green waste O The green waste will O Each load of green O The facility will use for allocating materials will be be hauled from the waste delivered will be the green waste as materiels or collected and buck directly to the allocated based upon Altamall" Dally Cover determining transported In the same facility. tare weights on tons (ADC)program. jurisdiction of origin manner as solld waste. delivered. of tha waste stream, Including disposed residue. Check all that aerIv GREEN WASTE Name of Facility: Scholl Canyon Landfill Address: 7721 North Figueroa St Los Angeles, CA 90041 Telephone: (323) 245-9865 Materials accepted: Green and wood waste Materials ed: Trash hazardous waste O Green waste universal waste Im bonds and arcfus O The green waste will O Each load of green O The faoltty will use Methodology used for allocating materials will be be hauled from the waste delivered will be the green waste as materials or determining collected and transported In buck directly to the allocated based upon Alternative Daily Cover the same facility. taro weights on tons (ADC) program. jurisdiction of origin manner as solid waste. delivered. of the waste stream, including disposed residue. Check all that apply Proposal for 74 Commercial Los Angeles ® BURRTEC Coial Services `We'll Take care Of it" 134 PW48 (Azusa) -Continued GREEN WASTE Name of Facility: Wwt Valley MRF Address: 13373 Nape St Fontana, CA 92335 Telephone: (909) 899-0911 Materials accepted: Commingled recyclables to Include metals, glass, HDPE nixed War, HDPE natural, mixed Injection plastica, paper, cardboard, tin. PET plastic, LDPE clear film, Styrofoam, green and wood waste, construction debris, food waste, appliances, refrigerators, air conditions, computers, televisions, microwaves e -waste, and tires Materials rejected: Hazardous waste, squid waste, asbestos, paints, solvents, sewage/sludge, barrel drums, vehicle batteries, oil, antifreeze, dead animals, contaminated soils, red bag medical waste, fluorescent llghts, and treated wood. Methodology used © Green waste 99 The green waste will D Each bad of green ❑ The facility will use the for allocating materials will be be hauled from the waste delivered will be green waste as Altema hm materials or collected and truck directly to the allocated based upon Daily Cover (ADC) program determining transported in facility. tare weights on tons Jurisdiction of origin the same delivered. of the waste manner as solid stream, Including waste. disposed residue. Check all that apply BULKY ITEMS Name of Facility: Puente Hills MRF Address: 2808 S. Workman MITI Rd Whitler, CA 90601 Telephone: (562) 6993204 Materials accepted: Municipal sold waste and asphalt Materials rejected: Hazardous waste universal waste and green waste Methodology used 90 The facility will record ® The facility will report allxO All materials recovered ere allocated for allocating all bulky Items delivered materials based upon the based upon weight and jurisdiction of materials or and recovered. jurisdiction of generation. generation. determining jurisdiction of origin of the waste stream, Including disposed residue. Check all thatapply ELECTRONIC Name of Facility: E-tecyder WASTE Address: 7230 Patterson Ln Paramount, CA 90723 Telephone: (800)795-M3 Matedalsaccepted: Televisions, computers, DVDNCR players, copy/fax machines, teiephonesfanswering machines, radioslstereo equiRman, CD players, connectors and cableso all consumer electronics Materials r 'acted: Appliances, batterles fighting and hazardous waste Methodology used I@ All electronic waste are weighted and LU All materials recovered under this program are for allocating allocated per commodity type and weight recorded and reported back to us and the State of materials a Califomla. determining jurBdiction of origin of the waste stream, including disposed residue. Check all that apply Proposal for 75 County of Los Angeles BURRTEC Commercial Services ^we'll Take Care Of rt0 135 EPUVAY IA•......\ _ I .. t CONSTRUCTION Nems of Faclity: Nu Way ... karrrr — vvvuuaavu ANDDEMOLMON Adder: 1270 Arrow Hwy DEBRIS Irwindale, CA 91706 Telephone: ('628) 3055308 Materials accepted: DirL rock and concrete Materials 'acted: UrYwall. wood and metal Metiwdorogy used ® The Witty will record all CBD ®The faclity will report all ®An rtwtedats recovered are for allocating materials or derwered and recovered. materials based upon the allocated based upon weight and determining jurisdiction of generation. Jurisdiction of generation. jurisdiction of origin of the waste stream, Including disposed residue. Check all that anctv CONSTRUCTION Name of Fadlity: Pack Rd Gravel Pff AND DEMOLITION DEBRIS Address: 128 E. live Oak Ave ' Monrovia, CA 91016 Telephone: (818) 5741855 Materials accepted: Fully erred asphalt, wnwntaminated mncrete� crushed glass, brick, ceramiw, day, clay products, rock and soil. Materials acted: Green waste refuse wood metal and d II Methodology used ®The facility will reeord all CBD © The fadtitywtn report all ® All materials recovemd are for allocating materials or delivered and recovered, materials based upon the allocated based upon weight and determining Jurisdiction of generation, jurisdiction of generation. jurisdiction of origin of the waste stream. Including disposed residue. Check an that aDDiV CONSTRUCTION Name of Facility: Puente Hills MRF ANDDEMOILITION DEBRIS Address: 2808 S. Workman MII Rd Whiffler, CA 90601 Telephone: (562) 6995204 Materials aAsphalt. metal and wood Materials rejected: Refuse, haTardous waste and universal waste ® The facility will recoil all CBD M The faculty win report all m All materials recovered are Metnodo ogy used for allocating materials or delivered and recovered. materials based upon the allocated based upon weight and determining Jurisdiction of generation. jurisdiction of generation. jurisdiction or origin of the waste stream. including disposed residue. Check all that apply Proposal for 76 County Los Angeles BURRTEC Commercial ial Services We'll T&ke Care Of ft" 136 PW -1 B (Azusa) • Continued CONSTRUCTWN Name of FadlRy: Downtown Diversion AND DEMOLITION Address: 2424 E. Olympic Blvd DEBRIS Los Angeles, CA 90021 Telephone: (213) 6125004 Materials ted: C&D such as wood metal, es t and concrete Materials re . Green waste hazardous waste and universal waste Methodology used ® The ladflty win record an C&D ® The IadlNy WIN reportall ® All matenala recovered era for allocating delivered and recovered. matenda based upon 9re allocated based upon weight and materials or )urbdldbn of generation. Jurisdiction of generation. determining Jurisdiction of origin ofthe waste stream, Indwing disposed residue. Cheok OR that apply I FOOD WASTE Nemo of Fadnly: West VaIay MRF Address 13373 Napa St Fontana, CA 92335 Telephone: (909)699-0911 Materials accepted: Com Ingled recydables to include matals, glass, HOPE mored color, HOPE natural, mtKed Injection plastics, paper, cardboard, tin, PET plastic; IDPE clear film, Styrofoam, gmen and wood waste, constmceon debris, food waste, apps aces, reGigeralors, air cortclitions. compAsm, televisions, Maowaves a -waste and time Materials rejected: Hazardous waste. liquid wash. asbestos, paints, solvents, sewagelsludge, barrel drums, vehicle battades, oil, wNlmona, dead animals, contaminated soils, red bag medical wood. waste, fluorescent lights, and treated Metiroddogy used ® The facility will record all food © The fednty will report at IS) AD materials recovered aro for allocating waste delivered and recovered. materiels based upon the allocated based upon weight and materials a jurisdiction of generation. jurisdiction of generation. determining j msdlceon of origin of the waste steam, including disposed residue. Check all that OTHER Name of Facility. (plane sped Address: Telephone: Materials acre ed: Materials tied: Methodology used for allocating materials or determining jurisdiction of origin of tlm waste ' Stream. brtiuding disposed residue. Check an drat Title: President February 6, 2012 Proposal for 77 County of Los Angeles ®BURRTEC Commercial Services; We'll Take Care Ojl1" 137 FORM PWA 8 (POMONA) SOLID WASTE FACILITIES Identify all solid waste facilities to which you deliver any materials that you collect in the unincorporated areas of the County, such as: Transfer processing stations, landfills, waste -to -energy plants, MRF's, composting facilities, conversion facilities and recycling brokers / companies (including e -waste). Attached additional sheets if necessary. CATEGORY FACILITY MATERIALS TAKEN TO REFUSE Name of Facility: Puente Hills Landfill Address: 2608 S. Workman Mill Rd Whittier, CA 90601 Telephone: (562)6995204 Materials accepted: Municipal wild waste, dean dlrt, green waste and asphalt Metedals re ended: Hazardouswaste and universal waste Metodology used ® Routes are IM Sold waste © The exact net ® The solid IM On a monthly for allocating pre -registered materials are welghtof the waste collected is basis, the facility materials or based on the weighed at the material collected than unloaded on will mconcile each detemdning =Is number, certified scales is allocated to the the good and bad with weight jurisdiction of origin percentage before entering jurisdiction(s)from prepared for retards and Of the waste allocation, and the facility. which the material processing. allocations. stream, Including jurisdiction of was collected. disposed residue. origin. Check all that aDDIV REFUSE Nameof Facility: West valley TSIMRF Cd applicable) Adder 13373 Napa St Fontana, CA 92335 Telephone: (909) 899-0911 Materials accepted: Commingled recyclables to include metals, glass, HOPE mixed color, HOPE natural, mixed injection plastics, paper, cardboard, fin, PET plastic, LOPE clear film, Styrofoam, green and wood waste, construction debris, food waste, appliances, rebigerators, air conditions, computers, televisions, microwaves, a -waste and tires Materials rejected: Hazardous waste, liquid waste, asbestos, pants, solvents, sewageRludge, barrel drums, Vehicle batteries, oil, antiGeeze, dead animals, contaminated soils, red bag medical waste, fluorescent lights, and treated wood. Methodology used ® Routes are IM Solid waste IM The exact net ® The said ® On a monthly for allocating pre -registered materials ale weight of the waste collected is basis, the facility materiels or based on the weighed at the material collected then unloaded on will reconcile each determining route number, certified scales is allocated to the the flood and load with weight jurisdiction of origin percentage before entering Jurisdiction(s) from prepared for records and of the waste allocation, and the facility, which the material processing. allocations. stream, including Jurisdiction of was collected. disposed residue. origin. Check all that apply Proposal for 78 County of Loa Angeles 0 BURRTEC Commercial Services "lf e'R Take Care Of Ir" 138 Proposal for County of Las Angeles 79 ® BURRTEC Commercial Services II Take Care Of7i" 139 r.x-ro romona-6ontinum Name pf Facility: West Valley TSIMRF Address: 13373 Napa St =Matsliadsa Fontana, CA 92335 Telephone: (909) 899-0911 Commingled recyclabies to include metals, glass, HDPE mixed color, HDPE natural, mixed Injection plastics, paper, cardboard, tin. PET plastic, LOPE clear film, Styrofoam, green and wood waste, construction debris, food waste, appliances, refrigerators, air conditions, computers, televisions, mianwams, a -waste and Ives Materials rejected: h6zardoas waste, liquid waste, asbestos, paints, solvents, sawagersiudge, barrel drums, vehicle batteries, oll, antifreeze, dead animals, contaminated soils, red bag medical waste, fluorescent lights, and treated wood. Methodology used ❑ q waste ❑ Each vehicle le ❑The materials ❑Each outbound O All residue for allocating characterization is weighted at the ata then delivered commodity weight materials are materials or determining conducted to certified scales to the processing Is cotiecsed and tracked based allocate each type tare judsdidion of origin and a weight area where all reconciled with the upon the waste of recovered and is captured. materials are of the waste waste characterization recycled material sode l and characterization and allocated to stream, including disposed residue. and all process processed for for tha facility, the appropriate residues by Check all that apply optimum jurisdiction. weight dNe sloe. RECVCLASLES Name of Facility: Puente Hips Landfill (if applicable) Address: 2808 S. Workmen Nil Rd Whmter, CA 90601 Telephone: (562) 6991 Materials accepted: Comms led r dables and CBD Hazardous waste and universal waste Materials d: Methodology used for allocating O A waste O Each vahide is O The matedais O Each outbound O All residue materials or characfedzation Is weighted at the are then delivered commodity weight materials are conducted to determining certified scales to the processing is collected and backed based allocate each type and a tare weight area where all reconciled with the upon the waste jurisdlc8co of origin of recovered and is captured. materials are waste charadersation of the waste recycled material sorted and characterbatfon and allocated to stream. Including disposed residue. and all process processed for for the facility. the appropriate readies by Checkallthat optimum jurisdicton. _weight. diversion GREEN WASTE Nameof Fadpty: West ValleyiwMRF Address: 13373 Napa St Fontana, CA 92335 Telepfona: 11899-0911 Materials accepted: Commingled recyclables to Include metals, glass, HDPE mixed color, HDPE natural, mixers injaOw plastics, paper, cardboard, tin, PET plastic, LOPE clear film, Styrofoam, green and wood waste, construction debris, food waste, appliances, refrigerators, air conditions, computers, televisions, microwaves, e-wasta, and ores Materials rejected: Fiazadocs waste, liquid waste, asbestos, paints, solvents, sewagelslodge, barrel drums, vehicle batteries, all, antifreeze, dead animals, contaminated sails, red bag medical waste, fluoresced lights, and treated wood. Methodology used forailoceeng ® Green waste 8 The green waste will IM Each load of green O The facility will use materials or materials will be be hauled from the waste delivered will be the green waste as collected determining and Intek directly to the allocated based upon Alternative Daily Cover transported in the same facility. tare jurisdiction or origin weights on tons (ADC) program. manner as solid waste. delivered. of the waste stream, including disposed residue. Check ell that Proposal for County of Las Angeles 79 ® BURRTEC Commercial Services II Take Care Of7i" 139 PW -18 (Pornonal -Continued GREEN WASTE Name of Facility: Puente Hills Landfill Address: 2808 S. Workman Mill Rd Whittier, CA 90601 Telephone: (562) 6995204 Materials ecce ted: Green and wood waste Materials re eded: Hazardous waste and universal waste Methodology used EM Oven waste ® The green waste will © Each bad of green ❑ The facility will use for allocating materials will be be hauled from the waste delivered will be the green waste as materials or collected and truck directly to the allocated based upon Alternative Dally Cover determining transported In the some facility. tare weights on tons (ADC) program. jurisdiction of origin manner as solid waste. delivered. of the waste stream, including disposed residue. Check all that aDPIV BULKY ITEMS Nameof FacIRT. West Vafiey TSIMRF Address: 13373 Napa St Fontana, CA 92335 Telephone: (909) 8990911 Materials axepted: Commingled rec/dables to include metals, glass, HDPE mixed color, HDPE natural, mixed Injection plastics, paper, cardboard, tin, PET plastic, LOPE dear fl Styrofosm, green and wood waste, construction debris, food waste, appliances, refrigerators, air conditions, computers, televisions, microwaves ewwaste and time Materials rejected: Hazardous waste, liquid waste, asbestos, paints, solvents, sawagelsludge, banal drums, vehicle batteries, dl, antifreeze, dead animals, contaminated soils, red bag medical waste, fluorescent lights, and treated wood Methodology used © The fadfdy will record all ® The facility will report all © All materials recovered are for allocating bulky Items delivered and materials based upon the allowed based upon weight and materials or recovered. jurisdiction of generation. jurisdiction of generation. determining jurisdiction of origin of the waste stream, including disposed residue. Check all that apply BULKY ITEMS Name of Facility. Puente Hills Landfill Address: 2808 S. Workman Mill Rd Whittier, CA 90601 Telephone: (562) 6995204 Materials accepted: Munldoal wild waste and asphalt Materials rejected: Hmardous waste universal waste and omen waste ® The facility will record all ® The facility will report all © All materials recovered are Methodology used for allocating bulky items delivered and materials based upon the allocated based upon weight and materials or recovered. jurisdiction of generation. jurisdiction of generation. determining jurisdiction or origin of the waste stream, Inducting disposed residue. Check all that apply I Proposal for 80 County of Los Angeles 0 BURRTEC Commercial Services "IYe'II Take Care Of fro 140 PW 16 M. BULKY ITEMS -Cotrtrrnaro Name of Facility: West Valley TS/MRF Address: 13373 Nape St - Fontana, CA 92335 Telephone: (909) 8991!911 Materials accepted: Commingled recydables to include metals, glass. HDPE mixed color, HDPE natural, nixed injection Plastics, paper, cardboard, tin, PET plastic, LOPE dear film, Styrofoam, green and wood waste, construction debris, food waste, appliances, refrigerators, air conditions, computers, televisions, microwaves a ste and Ores Matedals rejected: Hazardous waste, liquid waste, asbestos, paints, solvents, sewage/sludge, barrel drums, vehicle batteries, 09, aMitreeze, dead animals, coManinated sails, red bag medical waste, fluorescent lights, and treated wood. Methodology used ® The facility will record an ® The facility will report all IKI All materials recovered are for allocating bulky items delivered and materials based upon the allocated based upon weight and materialsor determining recovered, jurisdiction of generation, jurisdiction of generallon. jurisdiction of origin of the waste stream, Including disposed residue. Check all that EIDDIV ELECTRONIC Name of Facility: E-Recyder WASTE Address: 7230 Pederson Ln Paramount, CA 90723 Telephone: (800) 795-0993 MaterieLsaccepted: Telewsions, computers, DVDNCR players, oopylfax macNnes, telephoneslsnsvadng machines, mdI0&1Ster00 equipment,CD pIMM, eonnectore and cables all consumer electrodes Materials rejected: AppilanvW1 batteries lignum and hazardous waste ® All electronic waste are weighted and allocated ® All materials rvroovered carder this program are Melhoddogy used for allocating par commodity type and weigh. recorded and reported back to us and the State of materials or Caircamie. determining judsdlction of origin of the waste stream, Including disposed residue. Check ail that KIDN CONSTRUCTION Name of Facility: Wast Valley TSIMRF AND DEMOLITION Address: 13373 Napa St DEBRIS Fontana, CA 92335 Telephone: (909) 899-0911 Materials accepted: Commingled recyciables to include metals, glass, HDPE mixed colo, HDPE natural, nixed Injection plastica, Paper, cardboard, tin. PET plastic, LOPE dear film, Styrofoam, green and wood weal construction debris, food waste, appliances, refrigerators, air conditions, computers, televisions, microwave ewaste, and tires Matedala rejected: Hazardous waste, liquid waste, asbestos, paints, solvents, Wtvagelsiudge, barrel drums, vehicle batteries, oil, antdreeize, dead animals, contaminated sols, red bag medical waste, flucrWcant lights, and treated wood. Methodology used w The facllrty will record ail C&D © The facility will report ail © All materials recovered are for allocating materials o delivered and recovered, materials based upon the allocated based upon weight and determining jurisdiction of ge aeration. jurisdiction of generation. jurisdiction of origin of the waste stream, including disposed residue. Check all that aoDly Proposal for 8,) County of Lea Angeles ®BURRTEC Commercial Services IYeoff Take Care Of 141 PW -18 fPomonal •Continued FOOD WASTE Name of FaCli ty: Wes[ Valley TSIMRF Address; 13373 Napa St Fontana, CA 92335 Telephone: (91)9) 899 0911 Materels accepted: ComAngled recyciables to Include melst% glass, HDPE mbmd color, HDPE ratrral, mixed Injection plastica, paper, cardboard, tin, PET Piesto, LDPE Gear film, Sty oloem, green and wood waste. construction debris, food waste, appliances, refrigerators, air conditions, computers, televisions, mmrcwavm; a wasle and dreg Materiels rejected: Harardo s waste, Oquid waste, asbestos, pasts, saNents, sawagelsiudge, barrel drums, vehicle batteries. oil, wMee>e, dead animals, contamirsted soils, red beg medical waste, fluorescent lights, end treated wood Methodology used ® The facility will record all food fill The facility will report all 99 All materials recovered am for albcathhg waste deflowed and recovered. materials based upon the allocated based upon weight and materials a Jurisdiction of generation. jurisdiction of generation. detemdring jurisdiction of origin Of the waste strewn, Indudmg disposad residue. Check all that apply OTHER Nacre of Facility: (please specify) Address; Telephone: Materials axe Materials r MaBadolopy used loralboatin9 materials or determining jurisdiction of origin W to waste stream. Including dsposad residue. Check all that apply Title: President February 6, 2012 Proposalfor 82 County of Los Angeles 0 BURRrEC Commercial services awe a Take C� Of if P 142 FORM PW -18 (SANTA CLARITA) SOLID WASTE FACILITIES Identify all solid waste facilities to which you deliver any materials that you collect in the unincorporated areas of the County, such as: Transfer processing stations, landfills, waste -to -energy plants, MRF's, composting facilities, conversion facilities and recycling brokers / companies (including e -waste). Attached additional sheets if necessary. CATEGORY FACILITY MATERIALS TA1E14 TO REFUSE NameofFacifty: Chiquita Landfill Address: 29281 Henry Mayo Or Caslsic, CA 91384 Telephone: (661) 257.3655 Materials accepted: Municipal solid waste, green waste, construction & demolition debris, e-wasts for recycling Materials rejected: Paints, oil, batteries, pesticides, an&freeze, fluoresoent lights, propene tanks, hazardous waste, bio- hazardous waste refidgeralors. air conditioners Methodology used ® Routes are ® Solid waste © The exact net ® The solid IM On a monthly for allocating preregistered materials are weight of the waste collected is basis, the facility materials or based on the weighed at the material collected then unloaded on will reconcile each determining route number, certified scales is allocated to the the flood and load with weight judsdiction of origin percentage before entering judsdicton(s) from prepared for records and of the waste allocation, and the facility. which the material processing. allocators. stream, including Jurisdiction of was collected. disposed residue. origin. Checkali diet sooty REFUSE Name of Facility. Sunshine Landfill (df applicable) Address: 14747 San Fernando Rd Sylmar, CA 91342 Telephone: (818) 833-6508 Materials accepted: Municipal solid waste, buky Items, construction & demolition waste, used oil from automobiles, used tires, wood waste source separater din thou h buy-back center Materials re acted: I Air conditioners, appliances, hazardos waste a liquids Methodology used IM Routes are IM Solid waste © The exact net IN The solid ® On a monthly for allocating pre -registered materials are weight of the waste collected is basts, the facility materials or based on the weighed at the material collected then unloaded on will reconcile each determining route number, cadged scales is allocated to the the flood and load with weight Jurisdiction of origin percentage beloreentering Jurlsdictioh(s) from prepared for records and of the waste allocation, and the facility. which the material processing. allocations. stream, Including Jurisdiction of was collected. disposed residue. origin. Check all that apply RECYCLABLES Nameof Facility: Burbank Recycling Address: 250 S. Flower Burbank CA 91502 Telephone: (818)8418700 Materials accepted: Commingled recyclables to include metals, glass, HOPE mixed color, HDPE natural, mixed Injection Plastics, Paper, cardboard tin PET plasft IDPE dear film and wood Materials acted: Green waste, food waste wet waste Methodology used m A waste ® Each vehicle is © The materials Ox Each outbound © All residue for allocating characterization is weighted at the are than delivered commodity weight materials are materials or conducted to certified scales to the processing Is collected and backed based determining allocate each type and a tare weight area whereall reconciled with the upon the waste jurisdiction of origin of recovered and is captured. materials are waste characterization of the waste recycled material sorted and characterization and allocated to stream, Including and all process processed for for the facility. the appropriate disposed residue. residues by optimum judsdiction. Check all that apply welghL diversion. Proposal for 83 County of Los Angeles 0 BURRTEC Commercial Services "IYe 71 Take Care Oflt" 143 PWAA fct .nfn r1mrUmt RECYCLASLES Nameof Facility: Community Recycling (If applicable) Address; 9147 De Garmo Ave Sun Valley, CA 91352 Telephone: (818) 767-0675 Materials accepted Trashs construction debris reen waste dean wrap metal food waste and commin led re ales Materials rejected: Hazardous waste, liquid waste, asbestos, paints, solvents, sewagelsludge, barrel drums, vehicle batteries, oil, antifreeze, tires, dead animals, refrigerators, air conditioners, contaminated soils, red bag medical waste, computers, televisbrs a -waste microwaves fluorescent lights, treated wood railroad ties. Methodology used ® A waste ® Each vehicle Is ® The materials ® Each outbound © All residue for allocating characterization Is weighted at the are then delivered commodity weight materials are materials or conducted to certified scales to the processing Is collected and tracked based determining Jurisdiction of origin allocate each type and a tare weight area where all reconciled with the upon the waste of the waste of recovered and recycled material is captured, materials are waste rharacterizatlon stream, including and all process sorted and characterization and allocated to processed for for the facility, the appropriate disposed residue. residues by optimum jurisdiction. Check all that apply weight diversion. RECYCLARLES Nameof Facility: Sun Valley Paper (if applicable) Address: 8701 San Fernando Rd Sun Valley, CA 91352 Telephone: (818)767-8984 Materials socepteck Commingled recycling to nduds paper, cardboard, chipboard, cartons, metals (aluminum, fin, metal and bimetal cans), glass plastics#1-#7 Materials rejected: Contaminated paper, broken glass, other plastics, hazardous materials, electrical cords, clotIVIabdc, appliances, mini blinds, kitchen utensils, lawn furniture, garden hoses, rubber tires, construction material indudn as hal concrete wood or woodproducts) Methodology used ® A waste ® Each vehicle is 191 The materials Each outbound ® All residue forallocating characterization is ,® weighted at the are then delivered commodty weight materials are materials or conducted to certified scales to the processing is collected and tracked based determiNng Jurisdiction of origin allocate each type and a tare weight area where all reconciled with the upon the waste of the waste of recovered and is captured, materials are waste characterization stream, including recycled material and all process sorted and characterization and allocated to disposed residue. residues by processed for for the facility. the appropriate optimum Check all that apply coal hL jurisdiction. diversion. GREEN WASTE Nanrre of Facility: Rent -a -Sin Address: 20633 Santa Gam St Canyon Country, CA 91355 Telephone: (661)252-0023 Materials accepted: Green weals Inert construction arid debris drywall Asbestos hazardqus wast universal waste, and ureen waste O Green waste ® The green waste will ® Each load of green ❑ The facility will use Materiels re'ected: Me4gdology used for allocating materials will be be hauled from the waste delivered will be the green waste as materials or collected and truck directly to the allocated based upon Altemative Daily Cover determInIng transported in the sante facility. tare weights on tons (ADC) program Jurisdiction of origin manner as solid waste, delivered. of the waste stream, Including disposed residue. Check all that apply Proposal for 84 County of Los Angeles ® BURRTEC Commercial Services ^rf eYl Take Care Of it" 144 PW -18 (Santa Clarita) -Continued GREEN WASTE Name of Facility: Community Recydhg Address: 9147 De Garro Ave Sun Valley, CA 91352 Telephone: (818)767-D675 Materials accepted: Trash construction debrisgreen waste dean SMP metal food waste and commingled recyclina Hazardous waste, liquid waste, asbestos, paints, solvents, sewage/sludge, barrel drums, vehicle batteries, Materials rejected: on, anthem, tires, dead animals, refrigerators, air conditioners, contaminated soils, red bag medical waste cornels televisions, a -waste microwaves fluorescent lights, tested wood railroad Use. (M Green waste ® The green waste will ® Each load of green ❑ The facility will use Methodology used for allocating materials win be be hauled from the waste delivered will be the green waste as materials or collected and truck directly to the allocated based upon Alternative Daily Cover determining transported in the same facility. tare weights on tons (ADC) program. jurisdictim of origin rtenner as Bond waste, delivered. of the waste stream, including disposed residue. Chocked that apply GREEN WASTE Name of Facility: California Wood Recycling Address: 2950 Johnson Dr, Ste 101 Ventura, CA 93003 Telephone: (805) 650-1616 Materials accepted: Curbside green waste, mixed wood waste, dean wood waste, clean tree trimmings, dean tree chips, mixed landscape waste Materials rejected. I sweet sweepungs, clean food waste, mixed food wastai C&D waste municipal solid waste ® Green waste ® The green waste will ® Each load of green ❑ The facility will use Methodology used for allocating materials will be be hauled from the waste delivered will be the green waste as matedafs or collected and truck directly to the allocated based upon Alternative Daily Cover determining transported in the same facility. tare weights on tons (ADC) program. jurisdiction of origin manner as solid waste. delivered. of the waste stream. Including disposed residue. Check all that aDDIY BULKY ITEMS Name of Facility: Burbank Recycling Address: 250 S. Flower Burbank. CA 91 5D2 Telephone: (818) 841-9700 Materials accepted: Commingled racyclables to Include metals, glass, HDPE mixed color, HDPE natural, mixed injection plastics, cardboa4 tin, PET plastic, LOPE clearfilm and wood Materials r acted: Green waste food waste, wet waste Metioddogy used IM The facility Will record all ® The facility Will report all ® All materials recovered are for allocating bulky nems delivered and materials based upon the allocated based upon weight and materials or recoveredjurisdiction of generation. judsdiction of generation. detemtining jurisdiction of origin of the waste stream, including disposed residue. Check an that a Proposal for 85 Courtly of Los Angeles B URRTEC Commercial Services •We71 Take Care Of It" 145 Address: 9147 Do Gamy Ave Sun Valley, CA 91362 Telephone: (818) 767-0675 on, en88eeze, tires, dead animals, refrigerators, air conddoni Waste. computers, televisions e -waste. microwaves. Buoresprd Methodology used ©The facnity will record all IM The facility win report all for alloca ing bulky items delivered and materials based upon the recovered. Jurisdiction of generation. determining Jurisdiction of origin of the waste stream, Including disposed residue. Address: 8701 San Femando Rd Sun Valley, CA 91352 Telephone: (818) 7678984 rvv-i o {sans Manta) - Continued laminated soils, red beg medical rested wood, rallroad Les. :O All materials recoveretl ate allocated basad upon weight and Jurisdiction of generation. Address: 7230 Patterson In Paramount CA 90723 Telephone: (800)795-0993 r 11u ogy useu for allocating appliances, rnini blinds, kitchen utensils, lawn furniture, garden hoses, rubber tires, consW Won materiel ® An materials recovered under this program are IWudi asobneretel wood or woadproducts) recorded and reported hack to us and the State of Methodology used ® The facility will record all ® The facility will report an Jurisdiction of origin ® All materials recovered are for allocating materials or bulky items delivered and materials based upon the allocated based upon weight and defennining recovered. Jurisdiction of generation. jurisdWon of generation, Jurisdiction of origin Check all that apply of the waste stream, Including disposed residue. Address: 7230 Patterson In Paramount CA 90723 Telephone: (800)795-0993 r 11u ogy useu for allocating uu An electronic waste are weighted and allocated ® An materials recovered under this program are materials or per commodity type and welght. recorded and reported hack to us and the State of determining California. Jurisdiction of origin of the waste stream, including disposed residue. Check all that apply Proposal for $6 County rc Los Angeles ® BURRTEC Commercial Services I7 "We'll Take Care OJIt= imo PW48 (Santa Clarita) -Continued CONSTRUCTION Name of Facility: Chiquda Landfill AND DEMOLITION Address: 29291 Henry Mayo Dr DEBRIS Castell, CA 91384 Telephone: (661)257-3655 Materials accepted: Muntd solid west men waste construction & de it ion debris, a sterforrecycling Materials rejected: Paints, oil, batteries, pesticides, and -freeze, fluorescent lights, propane tanks, hazardous waste, bio - hazardous waste refidgemors, air donditioners Methodology used ® The facility will record all C&D © The facility will report all ® All materials recovered are for allocating delivered and recovered. materials based upon the allocated based upon weight and materials or jurisdiction of generation. jurisdiction of generation. determining judsdctim of origin of the waste stream, including disposed residue. Check all that apply CONSTRUCTION Name of Facility: Rent -"1n AND DEMOLITION Adhaas: 29833 Santa Clare St DEBRIS Canyon Country, CA 91355 Telephone: (661)252-0023 Green waste inert construction and debris, dymil Materials axe ted: I Materials releoed I Hazardous waste universal waste and refuse Methodology used ® The facilitywill record ali C&D ® The facility will report all ® All materials recovered are for allocating delivered and recovered. materials based upon dna allocated based upon weight and materials or jurisdiction of generation. jurisdiction of generation. determining Jurisdiction of origin of the waste stream, including disposed residue. Check all that apply FOOD WASTE Name of Facility: Communitylkecyding Address: 9147 De Garrtno Ave Sun Valley, CA 91352 Telephone: (618) 787-0675 Trash. construction debrisgreen waste clean scrap metal food and commingled racyclables Hazardous waste, liquid waste, asbestos, palms, solvents, sewagelsludge, bares drums, vehicle batteries, Materials accepted Materials rejected: oil antiheeze, fires, decd animals, refrigerators, air conditionsis, contaminated soils, red beg medical wasts, computers, televisions a -waste microwaves fluorescent fights, © The facility Wil record all food © The faciitywill report all treated wood, railroad des. ® All materials recovered are Methoddogy used for allocating waste delivered and recovered. matedais based upon the allocated based upon weight and materials or jurisdiction of generation. jurisdiction of generation. determining jurisdiction of origin of the waste stream, including disposed residue. Check all that apply Proposal for 87 County of Los Angeles 0 BURRTEC Commercial Services "We1f Take Care Of It" 147 FOOD WASTE - - -- - ._r-........�...�.. Name of Facility. Wast Valley MRF Address: 13373 Napa St Fontana, CA 92335 Telephone: (Wg) Sgg-ggl1 Materials aae0ted: Commingled rerydables to include metals, gam, HDPE mbmd ooWr, HOPE natural, mixed Injection ptastice, paper. cardboard, tin, PET plasiic, IDPE doer film. Slynfoem. green and wood waste, combucilm debris, food waste, apyllancea, refrigerators, air ooriditions, oonputars. televisions, Mlaowavcs e-wa and tires Harardous waste. IIquW wasU, esbesros, paints, soNenla, sewugeisivdgc, hertet drums. vehkta babedes, Materials refected: OR, antlfre nts. dead animals, contaminated sols, red tag medical wood. wasta, fluorescent lights. and treated Methodology used ®The facllty wll record all food ® The Wily will report all ©Al materials recovered are for allocating waste deWered and mmvered. materials based upon the allocated basad upon weight and materials or detemdning jurisdiction of generation. jurisdiction of gerarelon. jurisdiction of otgln W the waste stream, includmg disposed resWue. Check all tial apply OTHER Name of Facility. (please specify) Address: Telephone: Materials a ted: Materials Methodology used for allocating materials or detemuning Jurisdiction of origin of Uv waste stream, Including disposed residue. Check an that apply Title• President February 6, 2012 Proposal for Los Angeles 88 Commercial County of SwA ss ® BURRTEC Services We'll Take Care Of If" 10 FORM PW19 SERVICE AREA CHECKLIST Please identify each unincorporated community you currently provide service to with a °C° and identify each unincorporated community you pian to provide service to with a °P° (check all that apply). See additional maps for reference. If you provide service throughout all of the unincorporated areas please check here ❑ If you plan to provide service throughout all of the unincorporated areas please check here au List of Los An ID NAME C P 1 ACTON 2 AGOURA 3 AQUA DULCE C 4 ALTADENA S ANTELOPE ACRE9 B N ARCADISLANDS C 9 AVOCADO HEIGHTS 9 AZUSA GLMIDG 10 BADWIN HILLS 11 BASSE17 12 BIG PINES /3I BIG TUJUNGA 11 1 BOUQUET CIWYON C is CAIABASAS HIGHLOM 18 CASTAIC c 17 CASTAICAINCnON C IB CFFPoTOSLSLAIDS 19 CHARTER OAK C 20 CITRUS C 21 COVINA ISLANDS C 22 DEI AIRF 23 DB -SUR 24 DFL VALLE C 27 EASTPASADE14A C 28 EASTSANGMRIEL C 29 ELCAMINDVILIAGE 30 ELIZABETH LANE 31 FAIRMONT 34 FOOTHILL c 35 FORRESr PAW C 38 FRANKLIN CANYON 37 GORMAN 38 GREEN VALLEY Name of munMes g;IlOt�O D�tttt� Itt3l�gtt� 0� man 0� m�stttil� ©eta t>c'7�0 m�liiv too tfl��liv 0®- liiivo 11111211111 NEE � ' MALSUBOWL MAUBU LAKE MAUSUISYCAMD_ CANYON IQsm2l�' t� _ 0 � aim munMes Title: President Date: February 6, 2012 Proposalf u9 Angeles 88 IDBURRTEC Commerclal Services IVe'71 Take Cars of a^ 149 0� 0� giF�Q�O mti ©eta fic7��ti m�liiv too tfl��liv liiivo t111EM'2 ' IQsm2l�' son Title: President Date: February 6, 2012 Proposalf u9 Angeles 88 IDBURRTEC Commerclal Services IVe'71 Take Cars of a^ 149 � i � ■ LL q � k � G � # § k § § � k \ � & __ ® ■UaaTEc a____ ��:__. 150 \| \} kƒ , | ( ■ ■ . f ; k 2 \� k |i % § \! 2 ; , & z k ! 2 2 § ! - IS 7) ; �| ! e ! k $ ) k \ � & __ ® ■UaaTEc a____ ��:__. 150 k if � \ k § $ FC § | |� || !t � § K � � § ) � k § |� E � \ § ! § 7 � 2 k ) ��ArV_ - . .m _,_a_ BU■RT£c "Well _ _ _. 151 ! & k A ƒ E \ County 7&w_ or © ■U■■T£c _,�__ "Well Take _It" 152 |. \\ )k \ § § § f k © § § § t2 k k ( K 2 ; G f ! § § f § i� a - `� ® k 2 ; ! ! ! $ k { E \ County 7&w_ or © ■U■■T£c _,�__ "Well Take _It" 152 EXHIBIT 2 (Annexed Area) EXHIBIT " 2" �- Page I of 40 I A O EXHIBIT {{211 lLEG_ALD. ES=TIf3RT _AMINEXATION N0.2010-10 To TEE CITY OI' SANTA CLARITA °coDp> x ONEN That _Portion of the Rancho Sari _rancisco in the Counry of Los _Angeles, State of I California as shown on map recorded in Book l pages 521 and 522, o -F patents, in the office of the County Recorder of -said county described' as f621O*A3: ' 3eg;n—;ng at the POjnL OT_ 1nL'crSBCL!Dn Of h6 ^Snt�*1132 O' Copper H ll Drive with the centerline of Decoro•Drive as ShOv:n• O'1• -map 0- _Tact No_. 45202 filed in Boon !25.6 ?ages 9 t=ough 12 inclusive, of Maas,. in 'id Office of th.'e Cou ty Recorder, � 5a.i.d '7Di=t beiTig oil a curve, 13. said: arl i•ta = �7 Drivel '" v" 'erl 2iavl- I of O COvoer„ 1 ,D__v Er, CO1Qave Aortnr,=sa� _y _-�. __g z r3 i•S 750. DD -feed ' a 'radial line, through said point be --=s North 33° 12' n 6" West, sail- L, point also ae-ng an angle Point on:he boundary Oi tne.City Di Santa Clan=` a as the'same existed on DCtober 14r 2010; thence' (Cl) leaving said bo--ndary of the City of Santa Clarita and northeasterly along said.canterline of Copper Sill Drive and said curve and along the centerline of CoPPer Sill Drive as shown on Trap of Tract No. 48202-.0,8 filed in Book 1257 Pages 55 through 61.1 c2u3lve, of said Maps through a central angle of 27°05'20" as arc distance of 62 -7.38 rest to, t1z.,point of intersection of last said centerline -with the northwesterly prolongation. Of the northeasterly lige of Dot 37 of said Tract No. x8202-04; theace (L2) radi•=_1 to said cLve and along said prolongation and along sail northeasterly line South60°18106" Fast 127.°0 feet to an angle point. therein, thence (�3) along the iiorthwesttily line of said hot 37 North 3V416119' East 1573.51 feet to the most easterly corner of said Lot 37 also being :he X:\PD4aZ7\WO?+J 7005\i<567W5\?.%FDBiTS\B0�0 'cY3IBTT5\B�51 N??3iZ8T0'. '•At71Aex 2010-10 r^.MDOO s • EXHIBIT "T$ Page 2 of 40 { '„ n'b.rtilerstexly come= of Tract No. 48202 -OS as 'shown on map .filed in Book .24g Pages 24 through 33 -inclusive, c= szideps;'thence (14) along .the gene=al.easzerly bo,lndary' of said Tract No. 46202-05 the . following 25 coux5as, 'South 15°49'58" East 204.97 feet,' thence (LS) South 49°23'06".E35 74.35 feet; thence (L6} south 14°0'1'34" West 77.56 feet; thence (17) North 83°05'11" West 77.10 *eet; thence (LB) South 64°35'06" Wesc 80.82 'feet; thence (i9} South 099261'04" West 78.56 feet; thence (110) South 35°50'33" East 50.72 feet; •thence (111) South 72°$6122" East '60.99 feet,: thence (112) BoUth 69°33'39`• East 5$.92, feet; t'_^Ce (113) Scute 36°38'59" East 61,98 =est, th=ice (114) South 14045'02" east 56.66 feet, thence (L15) South 07'42'25" East 73.95 .feet; Lane (116) South 1602113611 3ast 86.43 feet; 'thence (117) `S'ou'th+."05°08' 45" East 133.63 _est; =hence, asp 76.93 feet; thenCe ' _ (Ll9') South 03'03157" West 126.63 feet; thence (120) South -29°12'1371.- est 41.03 fee -s; thence . (L21) South 52°42143" West 41.79 feet; once (122) South 43033128" West 59.61 feet; thence . (s,23) South. 09°2i'OS" West 182:50 feet; t Ence:, (L24) South 26'39'S2",East•45.35 feet; the " (L25) South 41°05'24" East 66..03 feet; thence (L26) South 33°04'43" East 128.67 feet:tnence (127) South.27°13'33" East 35.05 fest.; thence , (L26) south 05°54'53" East 362.09., feat to as su g1E point- in the ersterly line of Lot 10 of said.Tiact No. 48202-05; fence"• (129) along said.ersterly line -and its prolongation' South•. 02739'35" ln'est 49.45 feet to a point of.intersectioa With the center3ine of Decoro 7rive. as snoim on map of Parcel. IJ1ap No. 24981 filed n Bod7c 28$ pages, 51 �"�' •DOC Y,:\ADN'M\WMD DOC&\LBGALS\ET.S=EDT5\80DD i0l-B:TS\6551-CO?PD3ST01gk A,=BC 2010-10 1 �1 I I 11 f 'i Containing 68.86 acres, more or less, TOO K NO.4652 . Of X:\ADHIN\w0SD DOCS1":XCALS\-:.}3I3ST6\8000 Z=-X?1TS\6551 COMWT0}Ml ANFEK 2010-10 zM.DOC EXHIBIT Page 3 of 40 -- 'O3or40.00-'feet (131) along said boundary North 02,.,.3Jrr an 40. D0 meet to aangle - - _F g'oint therein; thence (132) continuing along said bousdary,.North•87°20'25" West 69.49 feet to an angle aoint there 32 thence (2,33), continuing along szid.boundary North 87°21'30" West 128.32 Ener to the beginning of a tangent curve concave northerly having a radius of _2560-00 feet; thence (C34), westerly along said bou_dary, and along last -said curve and .along i the' northerly line of said becoro Drive through a central angle' of , . 18°311DD" pn. arc d stance of 827.33 feet to an angle point in, said boundary;' thence .. (L35) along said boundary and rad -1 -al to last said curve South .21°09'30". vest 40.00 =eat to all angla point.there on the esntariina of said Deco=o Drive ' also being a point ' at the begipn.'ug of- a curve concave. northeaster.'y h2v=^g a rcdi.115 c= 2600. OD feet, t0 i+?Lcn 1^St srid COiL'et .. is radial; thence -". .. (PA)_._?o=th7%q,esterly along said boundary and last said curve and along ' • .. i r r Drive- through h cent_a °t r -^n said-.- cenia_lae.. of Decq_o 7 „e � oug_ a •..__t e_ angle o= 30 6 0� an d arc distance of 1396.80 feet; thence M37) along said boundary and tangent to last said curve -Mor=e. 38 ° 03' 38" -West :92.97 feet to the point of.beginning. Containing 68.86 acres, more or less, TOO K NO.4652 . Of X:\ADHIN\w0SD DOCS1":XCALS\-:.}3I3ST6\8000 Z=-X?1TS\6551 COMWT0}Ml ANFEK 2010-10 zM.DOC • o� I 6 i ~ W 66 a Y 6e III H w0 nI ` a 'Y,e . ry ,j •y�� g� il CD .. .. . i ..•bl tl I � JI g �i '• I• -� I Ill ' '•� Pte.. � _.._ , ob ¢ $ 4 4v0' aha ff o =9a"sF i 's s -"rim ''c y~ ' met PRWFPF ol NJefi I SIF Ih ww 14 0. g► i '_ r ; ¢. 1 o , p 1 I I Ii z o.. a I 1A 6 R EXHIBIT "2" Page 5 of 40 EXHIBIT "2" Ali' NEXATION'N0.2011-a3 TO THE CITY OF SANTAARITA "ELS_MLP�E CA7trymN" Those' portions o£ Section 7 and Section 18 in Township 3 North, Range . 15 west, and those portions of Fractional Sections 12 and 13 in Township 3 North, Range 16 West, San Bernardino MericLan, - all according to the official plats thereof, in the unincorporated to rr'i tOrY Of 'the County O£ LOS Angeles, State Of. Cal:ifornla togetaer with that•obrtion of. the Pzncho San Francisco as shown on map recorded in Book 1 Pages 521 and 522 of Patents, ;n the o==ice of the County Recorder of said Cou-1tv described as a whole as follows: Beginning at the east qua=tar COrner Of said 3ectiOn' 7p said. Co sler being a point on the boundary o_ the City of Santa ClarltaL as the sale existed on January 11, 2011; thence (L1) leaving said boundary and along the easterly line of the southeast quarter of said Section 7 South 00°59'21" incest 2905.83 feet to the northeast corner of said section 18; thence (L2) -along- t -'he .r_ortherly line of the northeast quarter of said Section 18 North 89028'32" gest 1083.57 feet to the northeasterly corner of the northwest quarter of the northeast quarter of said Section 16 as - described in Parcel 4 in deed -to said City of Santa Clarita recorded. 'October 29, 2010 as instr meet no, 20101552982 bf Official Records; in said office of the County Recorder; thence (L3) along the easterly line of last said northwest quarter o£ the northeast quarter and along the easterly line of the southwest quarter of the northeast craarter of said Section 18 -as described in Parcels 3 and 4 of last said 'deed South 02004'59" nest 2607.54 feet to the. X:\ADffi8\AORD DOc5\L :GALS\5X825=^_'5\80D0 EHILBrTS\6560 EX8 ELShhMRE Cr mm, Doc ' EXHIBIT 66211 "--- -.. Page 6 of 40 l ='4 southeasterly corner' of .said. southwest Quarter of the .northeast S T( 'quarter; thence (L4) =_long the south line of the northeast quarter of said. Se�tion.'18 South .89038153" west 1220.49 feet to the southeasterly borneof the northwest quarter of, said Section 18; thence (LS)' along the south line of last said northwest gs3rter South 8903B'S3" West 25=8.87 feet to the west auar-er comer of said Section 18; thence' •(1:6) along the'south.line-of the northeast auartar o_ said Fractional Section 13 North 86039715' West 973.29 feet to a., point on •"he. centerline. of the tesoue Dalley Freeway (State Highway 14),.'also beng a'peint on the boundary of the City of Santa Clar_ta as the sane.. e istzd on Janua_-v 11,.2011; thence (L7) along said oenterline and along .last said boundary North 18°56'51` East l2B.B6 met to the begun=ng .of a tange_r.t. c:=7ve concave westerl_y'having a radius of 3500.00 feet;• thence (CB) northerly along'said cent=erline and along last said boundary and .. said ._.Curve -through a cenisal...an>gle..,,o ...3a°5529 an arc .distance 0 : 2136:48 feet; thence (L9) continuing along said centerline and _last said boundary and tangent to said cu ve North 16°01'38" West 1908.77 =eet ;to the beginning of a tangznt curve concave easterly having a radius of 3000.00 feet; thence (C10) continuing. northerly along 'said canterline and last said boundary and last said curve through a central angle o.f 40°52'22" an arc distance of 2140.99 feet; thence . (b11) continuing along said centerline and last Said boundary'and tangent to last said cur'ce north 24°50744" East 645.22 et to, an. angle point in said boundary of the City of Santa Clarity; thence (L12) .leaving said centerline .and along last said 'boundary the following 7'courses, South 89°09'09" east 872.20 feet; thence "(L13) South 83022"14" East 1285.70 feet; thence (L:L4) South'.00°28`3i",East, 39 .97 feet; thence X:\ADAuM\7v0?V D0CS\T+ECFSs\.X41B1TS\8000 MRIBITS\8560 ma msmm CYN 7NIR X -Mc a •i; I I :. .. _...... EXHIBIT 2 Page 7 of 40 (L15) South 89007'A6" Fast 1291.28 _set; thence _ 'N •(1.16) South 89°07'39" East 1268.02 feet; thence • (L17) South 00°36105" East 652.49 feet; thence (L18) South 89009154" East 1250.57 feet to the point of beginzzii.g.', Containing 806.52 acres, more or less. Ni NDD..4552.VGI�,',' I IL Zf i • 1 i I i X_\ED=\ O-RD +DOGS\wGLZS\E=B=T5\8000 mm:B--M\6350 ME zisLP,t'2�-`. mm ;=Ex.poc I i 1 y gig in in in On Big 33 6 saI P,g v in ' .. 88e'$S�$F S $ $g�.� yP '1'�i 4.� 3°.qS a Q � '�i�5TCK 9• . pip - in - '9I� _ -i•� �. r.$µ "...�...5'/Yn U S1M1tld 30 iL5—lZ4 >7d `l NDDB 005I0fA,:6, Nd5 DHDhtla J 111 HOIND' ,•e A. EXHIBIT "2" LEGAL ANNEEXATIONT N?O.2411-22 TO TEE CITY OF. SANTA CL44FTTA NORTH COPPERHILI° EXHIBIT " 2" Page 9 of 40 Those .portions of Sections 5, 6, 7 and 81 Township 4 North. Range .15 West and those portions of Sections Land 2, Township 4 Northr Range 16 West and those portions of Section 31, Township .5 Northr Range 15 West and those 'portions of Sections 35 and 36, Township 5 North, Range '16 West, 'all of San Bernardino leridL= in the County O_ Los Angeles, state.of'Califo_rnia described as followsc. BeginniSlg at the northeast corner or said Section.6; thence (L1) along the east ! e of said Section 6 South 01049`09" ya5t• ..• 2321.68 feet to a point on the cent=rline of .Bouctaet C=Tybn Road as . .. ! �h&;nt ---bt ','c5f 'Tract Nom' - 35157' `:fled im Book '10.05 L.8 to 55 - Pages inclusive, of Maps, in the office of the County Recorder. of said County; thence (12) along said centerline South 50°53156" West 320.18 feet Co a P0 3 -12'r on the north line of the southeast quarter of said Section 6; thence (L3) along said •north line TTorth 89°47'35" East 254.85 feet to the northwest corner of the southwest q-aarter of said Section 5; thence (14) along the -north line of said southwest quarter of Section 5 South '89°07'07" East 1272.62 feet to the east line of the northwest giarter, of the southwest craarter of said Section 5; thence', (15) along .last said east line South 02018'54" West 1315.34 feeti, to the south line of last .said northwest quarter of the southwest quarter; thence . (16) along last said south line North '8s°58'38" West. 1176_06 feet to he northwesterly corner of lot 170 -of Tract No. 46268 as sh'cwn,on map riled in Book li41 pages 1 to 12 inclusi7e,'of said Maps; t1pence , X:'\PDB\SPO.^'+D DOCS\sCaS�S\x'.XF..iBrTS\B000 �I�?35\8582 5X8. DOC \ , , :L 1 7) along the southwesterly and nor thwzster3y lines o- said ioL-� -- ° 1 ". East 14'.73 ,feet; thence as follows, South 01 0_ 22 g ° 4 ' 19" East' 334.06 faet; 1 ence' (L8) Sourh 6 7 (L9) South 56022151" East 117.00 as then¢e (L'10) South 60059137" East 697:63 feet; thence p m ' (L1l) south 2703910 y 9" We 367.49 =dEt, thence = ine 'ot said. (412) S78°5548t 159.84 feet to the outh west " Wesr_ Lot 170 on the nOxthEasterly line of Santa Catarina Road as snOD71? on said nap of Tract :No. 46268 and as .shows! onap of n Tract No. '46269 i nce =fled in Book 1239 pages 50 to 61 .inclusive of s�ido�iaps;rrL ge st 82.05 {L13) along last said.norzheasterly line south 07 50 0- et.to thebegi='ling of a tangent curve concave northeasterly. having r thence m - a'm 4us o_ 468.00 fee ; nDxL^-Bd3tErly line and SOLt_hea.$�-er'1V .i (C14) continuing along last said 29'^9`26" a -a along last said c,„ ve . )Iro`�.gh a central a _3 or �= distance of 243:61 feet; thence . i last sad-- northeasterly y=ne and tangent to . ..._� ('.��•)..—coutimu:=Ing along i 37°4D"11" -6'bL 69.60-f2'eT. t0 tnt^"n0 �nweetex±V' . . lafC . Sald ciLTT� Sou.L-_ co—•eT_ of Lot 116 of said Tract No. 46269; T_ pf. Said LOT. 116 North 7B°56'48` (L16) al ong the northwes terl v line=; Tract NO.. 46269: _= to the noxtheasLErly corner a= s.d East 141.34 xe_� thence46269 as follows, (L17) along the Eas`exly line of said Tract No. south. 2804430" East 341.35feet; thence' (L18) sough03'i m °�126" mast .6D. D0 feet; thence (L19) South 09°38'05" East 66.58 'eat; t-henae (L20) South 00024'16" West 192,.94 feet to the southeasterly Corner of ' Lot 108 of said Tract No. 46269; thence last'.said easterly lire to' (L21) South 18033129" West 64.00'feE6 along an angle point therein on the r_orthEaSterlY line 'o'f Lot .107 of said Tract No. 46269'on a. curve concave southwesterly having xa3ius. oi; 318. 00. feet through which 1?s;u said course is,r'aciia];'thence. x: aor=a�w6av nocs� r2ns\-tx s- s a000 azs a>sz sx.ncc.; ;tw x. \�.neax\wow co:s\zacals\Y3.'L•'--8=2£\6000 EiC;Z>ITS\8582 SX?-D� \ \ v s.a w ' EXHIBIT 642„ Page 11 of 40 �I AC22) southeasterly along last said curve and along s=_ a no= �heasterly - 13ne through a central angle of 1050101" an arc distance of 10.18 feet "to the northeasterly corner of. said Lot-107; thence, „ I. id line of Tract No. 46269 the. ".(L23) ceatinuing -along said easterly following three courses; South 15°32'38". west.156.15..fleet; thence (124) South 22°21152" west 58.16 feet; thence (125) South. 31°31'58` west 165.85 feet; thence ,1126) continuing along said easterly line of Traci No. 46269 and along the easterly line of Tract No. 46270 as shown on map filed .in Book' 1234 pages 40 to inclusive, Of..said Maps as follows r. south .49 38°18'20" west 485.49 feet; thence (127) South 25°11107„ West'.140.33 feet; thence (3,28) South 13°07'35" west 61-44 feet; _=hence (129)' South 07°52146" west 50.51 feet;.thence (11.30) South 07033105" west 174.40 fest; thence (131) South OS°48'54"west 43.09 feet; t'r_=_nce (L32) South 01°33'43." East 345.76 feet to the sou-heaste.rly co=mer oi._... ; act Na. 46290.being a pointe on the iorrtherlg._1_ne of.::. Lot .B o=' said r Lot _� Plum Canyon Road as, shown on said map of _ract No. 4 627 0 and as s>;own on mat of Tract No. 31158 filed in Book 1246 pages 20 to 24 inclusive, OIL said Maps and as shown on map of Tract No. 44966 filed in Book 1140' pages 76 to 86 inclusive, of said Daps; thence . (L•33) South 08026'58" East 50.00 feet to a point on the 'centerline of said Plum Canyon Road being a port on a curve concave northerly having a radius of 3100.00. feet} to which last said course is radial;. -hence ... - (C34) westerl.y•along last said centerline and said curve as follows, through a central angle of an arc distance of 694.89 feet;. • .12050`36" thence (L35) tangent to last said curse North 85036'22" west 445_21 feet`to the beginning of a tangent curve conca—ve northeasterly raving a radius • of 1200.004feet; 'thence x. \�.neax\wow co:s\zacals\Y3.'L•'--8=2£\6000 EiC;Z>ITS\8582 SX?-D� \ \ v s.a w EXHIBIT 642" Page 12 of 40 last said cuT se. and sai Car,: car oy (C36) nor_hweste_ly along ' F:s Canyon Road through a, central ang_ e of 33°12' 3D" an" a c dl stance o 695.51 feet; thence (Z,37). tangent to last ' said curve and along. last said cer_terline of ?ltm Canyon Road .North 52°23'52" West - 273.9h. feet to the northerly. term7.'Lts of that course..shown as North 37°36'08" East 3,94 .feet (D2) on said:map o: Tract No. 44966; thence (L38) along last said course South 37°36'08" West 3.54 feet ,to an angle point in the. boundary Of said Tzact No. 44966 and an. angle Po inc in the boundary of :the City of Santa Clarita as the same existed on may 10, 2011; thence (L39) along said bounda=3 of the City of Santa,Clarita Nortn 49°,12'3D" West 15.04 reel LO. t_e beginning Oi a. tangent Curve COACave 0.00 ,to -_y hav nga radius of 200 (C40) continuing along said boundary Of the City df Santa Cla ita a.iOng the f011Owing COLrs?.3 and Cll-T'vess `no''thwasterly along last Sal, . . cu"ve through a central angle of 16°55'51" .an arc distance of .591.OD - ca^.66,-. thence _ .._. -ean t-0 the southwest=r_y corner .of said.-'jract .No_ (L41) ?North i6°32'26" East 243.20 feet; thance. (Z42) Nor',. -h 160400'_416n East 60.00 feet; thence . _ (143) North 73010'14''•" -Vest 37.50 feet; thence (Z44) Nerth 16°49152" Bast 127.21 feet; thence (L45) North 88°26'06" West 2B.00 feet; thence (Z46) North 040DV 54". West 104.41 feet; tbence (147). North 05°29'16" West 64.00. :feet to the beginning of a non- tang==-nr t curve concave northerly having a adius of 468.OD feet tO *h ch last said course is radial; thence (C48) westerly along last said carve th=ough a central angle or 00°18'22" an arc distance Of 2.50 feet; thence (Z49) non -tangent t6 last said cure North OZ°OD`16" West 183.57 feet; thence (Z50} South 89°07'8" East 36.60 =eat; thence P. (Z51) NortL 79°06'57" Rast.81.07.feet; thence. (152) North 72°47`10" East 82.4B feet; they X:\e17yT-7\CORD DOCS\iSGA35�&1CG�iTS\BDDD 38E3ST5\BSo2-+DOD \ wr EXHIBIT "2" Page 13 of 40 5' (L53) North 26'581324f. West "!05"08 feet .to a po rt on a non--angent ». torte bo nor hwesterly having a radius of 230.00 -feet, . a radial , line t sough last said point bears North 26°49':5" West; thence (C54) northeasterly along last said curve through a central angle of 15051148" an arc distance of 63.68 feet; thence {155) radial to last said cue North 42°41'03" West. 60.00 -tet; cicurve thence . (L056). North 43°14154" West 155.3B' feet; .thence (157) North 22°23'31" West 120.88 feet; thence (158) North 07°40'37" West 343.94 feet;. thence . (L59) North. OD.010'01' East 251:00 -feet; thence (L60) North 25°44'30" East 1148.04 feet; thence (L61) North 02°16'50' East 131_6.37 feet; thence (7162) South 89°'-'7135" West 778.83 -"=_et; thence (L63) North 00'08'41" East 1350.83 feet; thence (L64) Borth B9034'15" West 600"00 feet;., thence _.... (L65) North. 89°32'51" West 1009.75 feet; thence T 66)- South "03°58-'.47"West 893.37' feet; ^.ence (L67) continuing al ong_sa=d City boundary South 66029'31" West 89.98 feet to the beg -ring of a t=—gezt �� e concsve northerly hating a radius of 1500.00 feet; thence (C66) westerly along last said curve through a cetrzl argie of. 54°47104" an arc distance of 1434.25 feet; thence (L69) non-taiigent to last said curve South 00°16153" East. 540.98 feet,'. thence (170) South 00°15127" Last 264^_.81 f=_et; thence (L71) South 89041116" West 500.31 feet; thence . (172) North D0016104" West 555:00 feet; thence (L73) South 89°41'16" West 826.5A+ feet; 'thence (L74) South 0016121" East 555.00 feet; thence (175) South -.89°41'16' West 1179.60 feet;.thence (176) North 11026'31" West 1-44'.73 feet; thence (L77) North 09°41'54" East 593"B6 feet; thence ' (L78) North 26°22'18" West 95'.23 eet; thence X: \t'.DPiS\WO'4D 000 EX2ISITS\8582 3Xa.Doe v n vM :L a EXHMIT 6.221 Page 14 of 40 y`5 ZJ79'). North 10°10'25" East 551.01 feet; thence ''. (ZB•0)' Nosh 89°32'43" west 360.48 fEet to a point at the begin s_izg o= a non -tangent ct+ .ve conezve westexlp 7Yaving z radius o= 1540100 feet, a. radial line through said point bears North B5°14'50" west.; :nhence ($C81) 'northerly along said curve through a- central angle of 5°27'16". an arc distance of 146.60 feet then= (1,82) tangent to said curve Norr`h 00042'06" vilest 506.63 feet to t}zs belting of. .a tangent curve .concave easterly, having a rac us. of 5240.00 fEet; thence (C83) northerly along last ,said curve through z cent ral angle of 01°55'26"'az arc distance of .175.95 feet; thence (L84) =_agent to last said cu_va North 01'"13'20" East.. 462::74 111 o the beginning ef'a tangent CurvecOnCave sOlit}eas �riy' Ila'ai'ng Z xad_us of 27.00 f. -et; thence - (CBS) northaastErly along last said c=zve through a' central angle ox 89°59'55' an arc distance of 42.4' feet; thence °_ rhan- :asst, 36.32 - ieet; tangent to ,last; said curve South BB 6 _. thence- (D87).1kxth 00°17'49" west 40.01 feet; thence (1tgB) lvox h 88°45'09" west 1661.84 feet to ``e beg' _nj g of a.ta�gent radius o= CL'r'vE COACavE southerly having a ra'i - 1 2OD.00 _est; -hence. (C89) uesterly.along last said care through a central angle of. 20°30'25" anaarc distance of 429.50 feet; thence (L90) tangent to last saidcurve South 70°44' 26" 'west 370.97 feet to the bsgi-;,ng of a. tangent curve cOn.CBVe northwesterly having a Yadius ' Of 18D0.OD feet'; thence ' (C91) so thwestexly along last said curve through a central angle of 28°D3!3l" as arc distance of 881.49 feet to the beginning.of a tangent comp Curve concave northeasterly having a, radius of 1100.00 feEt; thence (C52) rortbwesterly along last said curve through a central a491E .of 24°21'53" an. arc distance of 467.77 feed �hencE (L93) tangent to last said curve North 56°50'10" west 23,5.60feet;, ' thence -T^'\riOxRD .DOCS\I,SGF7:6\+"'K^SB?i5\8000 5sB3'^5\8582 i•DOC v 4.0 4 y EXHIBIT "2" Page 15 of 40 '(194) '^-1." West 1360.92 feet; thence . (i,95).North 00.°26'10" West 2472:24 feet; 'thence r ' (196) North 88034755" mast i264.7B feat; thence (L97) North 06012105" west 1518.70 ,feet to the beginning of ot tangent. curve concave easterly having a radius of 229.05 feet; .thence' (C98) northerly along last said curve. through a central angle ,.ef 02055'53" an arc distance of 11.72 feet; thence (199} tangent to last said curve North. 03°16'12 ".West.f , 1519.17 eet to, the beginning of a.tangent curve concave easterly having a rad>us Of .229.05 feet; thence. (CLOD) northerly along last said curve trough a central angle .of 21038138" an arc distance of 86.53 feet; then (L101) tangent to last said curve North 18°22126" East 277.38 feet; . thence (L102)* South 89°40112" West 1104.39 =_et; thence (T.1 03) South 89°40'05" West =48.62 feet (1104) -South 04025'10" East 116.00 -feet:�o the beg am. of. a-aageat :curve --concave easterly having z'°radlus-as-feet; thence (0105) southerly along last said curve through a central a_rgla of 15'50'15" an arc distance of 110.57 feet; thence (L106) non -tangent to last said curve South 65°54'19" West 123.42. Feet; thence (L107) South 24009452" East 8.42 feet; thence (1108) 'South 66'09'30.`: West 17.44) -set to the beginning of a.tangent curve concave southeasterly hav ng a radius of 380.•00 feet; t"±ence (C109) 6outhwesuesly .along .last' said 61 rve through a central angle of 14°30'52" an arc distance of 96.26 fee'C; thence ,(1110) non -tangent to last said curve .North 39006127'` West 48.45 feet;' thence . (1-111) North 47053150" West 34.57 feet; thence (L112) North 68055114" West 53.21 --feet; thence (L113) South 47'07115" West 31.65 fast; thence (1114) North 44006'22" West 102.12 feet; thence• (L115) North. 34°34`02" West 110.22 feet; .thence a:\AUD=N\L20RD DOCS\TUBGAZS\=;HITS\BODD cMr_-BXTS\8562.s,.`-.DOC %\ r EXHIBIT "2" Page 16 of 40 °. {5116)'souLh 09040'4271 west 76.51 feet; thence a. a..' `(?;119) South 370.03'27" wast 22.78 feet; thence • (jA18y North 51°26'59" west 137.52 =eat',', thence (1i1.g,).'North 84°02'39"'west 59.61 feet; thence ahi•).South 76°5�''le" west -245.10 feet, thence 20' (L121) South 00°06'34" East 519.60 fea-; thence (1122) South 89""27'20" West 275.50 Feet; thence (1123) South 0205VA311 west 81.39 feet; 'thence (1124)'North'67°57'22" Wast•30.00.Feet; thence ' (1125) South 54°45`37" West 29.25 feet; 'thence (1126) North 67°02'10" West 33194 feet; thence (1127) South 87'07'15" West 23.94 feet;. thence . 0128) South 57°56!51" west 31.34 feet; -thence (1129 -).South 31009'3lf' West 75.06 feet; thence (1130) North 760351560" west 118.81 feet; thenca (1.131) North 83°21'51" west 142.75 feet; (11327)-..S.ou1' th.8D8'03" Wiest 240.44 IeEL:'tnence iL133): Sout-.21''48'5,7" Was -L, 36.-69 fee'-_;': ^enca - - (1134) South 23=34121" East 171.00 feet; thence (1.135) South "-4°04'57" West 414.07 feet; thence (1136) South 89°39'57" West 126.55 feet to an angle point in said boundary. of ,the City of Santa Clarita. at t_•he s011" westerly corder, of ' Tract No. 46564-03 as shown+ on reap filed in Book 1227 pages 12 to 17 nclusive, of said.Maps; thence - (1137) Is mg said bounda-y of the CiCy of.5anta clarita and along the westerly line of said Tract No. 46564-0.3 North OD°20'03" west 628.59 feet to an angle point there�� at the west. quarter corner. of said Section 35; thence (12 . (1138) continuing along last said westerly line North 00'19`54" Weser 162.85. feet to the moist. northerly corner of Lot 4 of said Tract No.. 46564-03; thence (1139.) along the aostheastexi_y line o= said Lot 4 South 59°2.0''12" asst 136.25 feet to the most wasteily corner of Lot 5 of said Tract No. 46564-03 also being a point on the general westerly line of the land . %_\?�'+'st4,\t'7'O?YD DOG\LEGz+6\--�3:T5\6000,=3=T5\6562 ZM-DDC •�. s..e EXHIBIT "2" Page 17 of 40 described in deed recorded Novembe-r 307 2004 as instrument no. 04- h. 3•D85167 of. Official Records, in office.. of'sa_d County ,Recorder;, .the thence . .(?,140)..along said general west=erly line the following courses, ,north 22'17145" East :93.42 .feet; thence (L241). North 29°28'59" East 85.89 feet; thence (L142) North 53048"23" East 42.99 feet:; thence (Z34 3) North 22"30134" East 60.26 feet; thence (L144) North 25°05137" West 22.96 feet; thence (L1459 North 29°.04132" East 92.18 =set; thence (L146) North 38°33120" West 2,7.39 feet; thence (1,147) North 04059'09" West 34.35 feet; thence (L148) North 33'D9'17" East 41.53 feet; thence (L149) North 07°33'51" West 37.03 -feet; thence (1150) North 05'36`57" East 51.05 feet; thence (11,1516) 'North 36045155" West 14.43 feet; thence. (L152) North 22'09743" West 46:79 feet; thence .... (1:-53') >\°-tlt 4!'42f -5V- 10.52. -feet?- thence (1,154) North 27'51125" West 67.67 feet; thence (L155) ?north 48°48'01" west 22.84 feet; thence (L156) North 71°05`15„ West 35.76 feet; thence (1157) North 56'32'18" West 17.20 feet; thence (L158) North 02`55'06" West 9.54 feet; thence (1159) North '38°04'32" East 16.20 feet; thence (1160) .North 55017142" East 10.99 feet; thence (L161) South 89'52'52" East 3.1B feet;' hence (1,162) South 48001'40" East 31.06 feet; thence (L163) South 36001'.101' East 15.62 feet; thence (L164) South 70024'35" Fast 16.37 feet; thence (L165) North 68'56'51" East 9.01 feet; thence (1,166) South 84'48'15" East 4..74 feet; thence (L167) South 63'19'A1" East 7.04 feet; thence (L168) North'82'49'21" East 2.16 feet; thence (1,169) North 53'05'15" East 22.35 feet; thence • X_:\?�M�*\HOED �D:S\LSG1T,s\x8I5's\9000_Tsx^as\e562 EXE -Doc EXHIBIT " 2" Page 18 of 40 ;y Iz,170) 1Qortb 73°.48':47" East 7.33 feet; a.. 'tL271) soul} 82020'14" East 59.93 feet; thence (1,172) south-53.94V.091' East 14.97 feet;' thence (L173) South 82°22`•55';'East 44.61'feet; thence (1174) North 39.°0.7'45" East 67..32 feet; thence (1175) North. 73°26'23" west 20.S6 faet; thence (L176) North 27°42'58' west 30.91 feet; thence `(1,.177) North •63°193'6" west 27.03. feet; thence (L178) North 25°"5^28" west 73.43 =Set to .a pgir_t on the. southerly line of 1,ot 3 of Tract No. 46564-04 as shown on Map filed in Book 1248 .pages 16 to 23 ?n_clusive, of .said. Maps; thence ' (LI 19) leaving last, said general westerly line _ and along 'said southerly line cf lot 3 Norte"ic'16'3D" west 355.67 feet uo the. is westerly line of said Tract No. 455564-04; thence (1,180) along .last Said westerly line and the wasteriV lane Of _raC No. 4ri T.� .6564 as shown on filed in. Book- 5.251 Pages 50 to 87 :=c1us_v=t of Said .Maps North 00°19'n4".wes�-1759.79 _eE to th_ northwest corner I; -o= said Sec ion'35;, thence j (L181) along. the northerly line ore northwest quarter or said n � LD Lne nDr'cnw=tet-_ worn Section 35 Soil h.89°41'56" East 265= .06 SS_.0 . of the northeast quarter of said Sect. Or_ 351,-^-Snc� DrtL-Laast S011t3 182) along the' north rly line o-Said n (Li it 'Feet t0 the Porn-WBSt Corner of said Section $9°41 3D East 2653.97 36; thence ' (L183) along the no th line of ,the northwest quarter of .said Section 36 South 69044'51" East 2658.82, feet to the 'north quarter corner of said Section 36; .thence (1184) along-the,.nor-th line of the northeastq_uGrter of, said sac-ion 36 South 89°56'•18. East 2681.67 feet to the nor`uawest coiner of s?'d j Sectio-L, 31; thence i(74185) :along the west line of the northwest quarter of'. said Section 31 South 00'31`38" West feet to `he .northwesterly corner of I . GOvernetl2 LOt 2 in Said SeCti On :31; .='-enCE %:L3D3ts\Yt0.� DOCSUEG-T��S\Fa3_STTS\8000 �..+=3+�5\6582 MCC-DOC.\ j ) EXHIBIT (42" Page 19 of 40 (LI86) along the north line of said Lot 2 South 880.44 East 1228.99 'feet to the northeasterly corner ofsaid Lot 2; thence (L187) along the east line of said Lot 2 South 00035'21" West 1351.91 fast to the north line of the southwest quarter of. said Section 311 thence (L188) along last said. north line South 88°59'.30" East 1319.95 =set to ch='center off. said Section 31;.thence (L183) along tie east line o- last said .southwest quarter South 00035'13" Wast 136.37 feet to the sou'nwesterly corner o= P4.cel Map no, 15813. as shovm on map filed in Book 166 Pages 31 and 32r'of Parcel YE -65, in said office of the:County Recorder; thence ... (L190} along the south lie of last said parcel map and along the south line of Parcel Mar) No. 5827 as shown on map f_lad in- Book. 6^_ Page 17, of said ParcelMaps South 89°14'25" East 2000.71 flee -t to the . west line o= last said parcel map; rheIlce (L191} along last said west line South %DO°28`03" west 737.72 feat -to the south line o= last said parcel map; thence.N _..(11 -92)`a -long last ... said south -lime South 89'29'17" Bast 667.43' aet to the east line of said Section 31; thence (L193) along last said east line. south 00°25'38" West 600.00 feet to the Point of Beginning_ Containing 2472.88.acres, more or less. 5�r14�? X:\RD?aW\WORD BRaI'B1TS\2582 'S%S.DDC ';0 N0465211/.*' Of CIV EXHIBIT "2" Page 21 of 40 ... EXHIBIT «2„ SO i ----. .. F ANTNEKknON NO.2010-08 s= . R . TO THE CITY OF SANTA_ CLARITA (SOLED_�D COivLM02vS) That _Dort16r. of the north half of Section'1B, Township 4 Nortn, Range 14 West, San Bernardino Meridian in the .County of Los , Angeles, State of California described as follows:'. Beginning at the point of intersection of the westerly line of the northeast ou.arter of said Section 18 with the centerline of the _-itelope Valley Freeway (State Highway 1C), said point being on a curve concave southerly having a radius of 2000.0.0 feet, a radial line through said point bears South 07°.14143" West; thence {C1) northwesterly along. said centerline and along said curve through -a central angle .of 'OD°SD'16 an arc distance. of .29.24 feet; thence (L2) along said centerline and tangent to said -curve North 81055'01' West 554.69 feet to the begin-ging Or a tangent curve concave southerly having.a radius .of 2D.00.00 feet; thence (C3) westerly along last said curve• end along said centerline through a Central angle of 18°32'35" an arc distance of '64.7:27 =Set to an angle point in the boundary of the 'City of Santa . Clarita as the Sane existed or October 6, 2010; thence (L�) along said boundary Nor- ,... 03°23'40" West 348.41 feet; thence . _ _ . _ (L5) .'con' ming along" said boundary North. 27°56'30' mast 2D1.55 feet LO a point at tae beginning of a non=tangent curve concacS southwesterly having a radius of 1450. GG feet, a 'radial line through last said point bears North 10025'12" 'vest; thence " (C6) southeasterly _long said boundary and along last said curve. through a central angle of a7°34'39" an arc distance of 1204.06 feet to the. northerly boundary of said freeway; thence (L7) leaving said boundary of the City of Santa Clarita and along last said northerly boundary North 84°12152" West 32.34 feet to. the first above described westerly line of the northeast (quarter Of Section 18; thence ' (L8) along said westerly line South 07°26'53" East 329.96 feet to the point of begin. ing. Containing 13.21 acres, more or less. zwl thmn F: \AD*7_?v'14708D DOCS\LC-A'�5\BYW'3r^_5\800D 5.'4i_THi'PS\8550 SOLr'.DP.D CO3RifOAS R�PN-aL?'PIOCi.DOC: m no 'gi NlYo ul �$ Sp F NfV tm`I � RIiW 5 I m no 'gi NlYo ul �$ Sp F NfV tm`I EXHIBIT 462" Page 23 of 40 EXHIBIT 44211 l AdNNEEXATION N0. 2011-20 TO TEE C_I'IY OF SA TA CLARTIA "VISTA. C.LWON/FAIROAKS / JAKLS WAY Those portions of Sect ons 21, 22, 23, 26,.27, 28, 34, and 35 in Township 4 North, Range 15 West, San Berardino Xeridian together with a porion of Section 2 in Township 3 North, Range 15 Guest,' San Bern_a=d—o Meridian, all in the County Of Los znaeles, State of. California described as a whole as follows: Beginning at the southeast corner of said Section 28 being a point on the boLnddry of the City of Santa Clarita as the Same existed on 'ilanuary 31, 2011; thence along said City Boundary tb.e follaving Courses and- clt'-Ves: (Ll) South 89°04133" roles`: 2634.89 feet; thence (L2) North 00014'39" West 2570.31 feet; thence (La) South 88008759" East 25.80 _eet;thence .(L4)'Xort'ri'46°27'4'0'East'392.66"feat; thence (115) North 03035'19" East 272.19 feet; thence (L•6) North 39038'15" vuest 503.81 =eat; the IL7) North 60007'95" West 232.07 feet; thence' (L8) North 71°19'50" West 102.46 feet; thence (L9) North 56°13123",West 231.31 feet; thence (L10) North 76°56'x0" West 542.10 feet; thence. (111) North 68°16154" West 116.05 feet; thence P. (L12) North 89006127" East 1117.06 feet; thence (L13) North 00°10'33" West 1316.51 feet; thence (L14) South 85°56'51" hest 454.85 feet •to the centerline of Sierra Highway as shown on man of Tract No.. 43510 filed in book 1078 pages 93'to . 99, inclusive pf Maps, in the office of the Conty Recorder of said county; thence ae . X:\ADM. MVOADDDCs\Lr'.C7us\EX_28?TS\BODD EM?BI2s\8561 EXE.DDC .. ...._. ... _... r .. EXHMIT'•2„ Page 24 of 40 e. tee' pi 5) along said centerline. worth 40°D3'07" East '284-7D feet toe y beginning o= a tangent .curve concave northwesuerly hating a radius of o 3500..00 feat; thence. (C16) continuing northeasterly along said cdnterline _and .said curve. through a. central angle of 11025102" an arc distance -Of 697:44 met -O the. deg ening of a tangent Co-,Tpund curve 'Concave r_orthwester' _ having. a radius of 2750.00 feet; �aence (C17) continuing northeasterly along said cense=line and lastsa=d.curve. =hrpugh a central angle of 01'01!09". an arc distance of 48.92 -eet,. thence i. (L18) leaving said centerline and nor -tangent no last s=='d.curse South ;I .. 66038144" Basm 202.87 feet; thence -'n D7°37'56" East 129.91 net; thence (L19) NO_� _ ° , ' 161.3 feet t0 a point O'I said nen Cert ne Or (120) 13or h 66.38 44' tiest Sierra Sighway on said curve concave noxt.6Westerly having a raCtit:S O. . 2750.00 •.eet, a xadiel line through said point bears North 64`59'3.8" i Wes -6: `hence __.. .,. _... _ ,,=nt�rlire.. and IASL. S??.d curve i_r+�.`.'Dugh _. (C21)..northe s:L=rly..along 's=' d. --- _ central angle Of 04°36'32" an arc di s _*LA nCe' Of 221-21 -pet= thence (y22) confining a1 o.g said center i ; ne and tangent to last said cine ldorth 20°23150" East 231.44 feet; thence � "East 2270.20 feet; thence. 1: (L23) leaving said centerline Borth 89° 6' 02 (124) ND h 00007'40" west 557.93 feYt to a. Point at the beginsg of a non -tangent curve concave "northerly leaving, a radius of 9700.00 teen, a radial line through last said point bears North 03°41'25' jh7p-ot; thence {C25) easterly along last said curve through.a central angle of 05°23'37". an arc distance of 913.12 feet; thence i (126) non 'gent to last said curve South 89°59'09" East. 802.71 feet to i a pole .oa the centerline the Antelope valle3 Freeway (State Highway of 14) on a• curve concave southeasterly having a radius Of 3000.00 •feet, a radial line through last said point bears South, 55°53'.44" East; thence I i X: \AD1+=ID1\WORD DOCS\LEGflSS\Z3?Tn\8000 31[S2BZTS\8551 3M9. DOC 9 � i i 7. EXHIBIT "2" Page 25 of 40 (C27) northeasterly along last said centerline and last said curve t?rrough a cettral ar_gle of 26°46'51" an arc distance of .1402.28 feet; r. thence (L28)''continuing along last said centerline and tangent to last said curve North 60053107" East 4430.00 feet; thence fL29) leaving last said centerline South 00°30136" Wes: 1241.76 feet to a point at the beginning of z npn-tangent curve concave northerly hz.—•ing a radius of 1200.00 feet, a radial line through last said point bears North 02°06'19" West; thence (C30) -westerly along last 'said curve through a central angle o_ Da°53116' an arc distance of 186.16 feet; thence (131) non -tangent, to last said curve South 02'48'BD" East 800.41 feat; tI'1en Ce , {y.32) South 57' 8.40" East 204.70 feet to a point at the .bed rniny of a non -ta_n6ent curve concave sou-reaste_ly having a radius of 2914.83 _eetr a radial line through last said point bsass South 23°12'26"'East; thence (C33) southwesterly along last said curve through a central angle cf OD.'.LL, '.=9"..an .ar.c.d s=ae .of. 38,_DA...feet; . thence (L34) non -tangent to last said curve South 00°30'36" Weser 274,4.4 feet, _}her Ce (L35) ?north 89047'00" East 1713.73 feet; thence (L36) South 23°D8'22" West 631.01 feet; thence (L37) South 89042'25" West 158,00 feet; thence (138) South 00°35'25" West 983.76 feet; thence (139) North 89°42'51" East 1D9.14 feet to a point at the beginning of a non -tangent curve concave northeasterly having a radius of 1820.00 feet, a radial line through last said Point bears North 82'33'D6" East,, thence (C40) southeasterly along last said curve throllg'h 'acentral angle of. 11046159"'an arc distance of 374.29 feet; thence (L41) tangent to last said curve South 19013'53" East 120,44 feet; thence (L42) 'North 89°38130" East 110.D5 feet; thence (L43) South 0035'25' West 182.50 feet; thence r ' (L44) South 89°38'30" West 350.00 feet; thence. x-\ADLN\SCoZD DOCS\L86Pi8\EXffiSImS\8000 3X-311:9\8551 MR.DOC EXHIBIT "2" Page 26 of 40 4"d (L45j South 00°35125' west 402.50 feet; thence (g6)Soutn 00°01'27" West 5260.30 feet .thence,. c (.L47) South. 06°36'02" East'.5029.37 feet:,thence ' (L48) North 'BB°53'50" East 1514.44 feet to a point of intersection W. the ceatErline of Placerita Cznyon Road as shown_on_ County SnryeVOr's map No. 3-2283 sheet 2 (CSB 2283-2) or. file in-the office o_. the Director ?�iC Works o£ said colLty, said 'point being �at the point .Of CllSA'a r :t`ce easterly te_TIt=nus of a tangent curye. concave southeasterly h3v_ng. a radius of 500.00 feet; thence (C45) southwesterly along last said centerline and along last said curve an aarcC the follo ng 5 courses, through a central angle o_ 36° 17 r40". . distance. of 316:73 fee:; thence " West 101. 75 fee. t0 Lh= (150) tangent t0 last Said curve South 52°G_2f 0 ngi•nn_rygO£ a t g2nt ci'rve concave 'northIvIesterly havi=d a -&dills or. , .. 800.00 feet;.-�hence io _ 0- (C5l) southwesterly along last Said Carus, through a central ang_ ... 16°03'00" z_n arc d_stance of 22=.10 feet; thence h 68°45'10" iwest 1fi5.73 feet to the __....(L521- tangent to . 1 2S.t. Said Cur' 7e . Soul-.. .. baginn;ng of tangent curve concave southeaster-1v having Z radiLS OS 1000.00 feet; thence _ (C53) southwesterly -along last said curve tarough a central angle o_ 17°4+9'10" an arc distance o£ 311.01 feet; ``hence (L5a•) tangent to last said =ve South 50°56' 00" Wiest 684.39 feet to a nt on the easterly boundary of Parcel Map No. 7096. as shown on ma poip filed in Book. 108 pages 33 and 34 inclusive, of 'Parcel Maps, 'in said' office o£ the county Recorder;. thence (L55) along last said easterly boundary South 00°36127" wast 219.-37 feet to the southerlv,bou^dary of said Parcel Map No. 7096;..thence (L56) along last, said southerly boundary Nord} 89'30'04" est 657.02 feet' to the point of intersection with the westerly line, of the east half Of the southeast cruarter o= the northwest quarter of 'said Section 2. G's . described in ,document recorded July 12, 2007 as istr,'ument no. L'•70C DOCS\!BCP?.'S\w a=S\8DDD :;YF ..IM �y 20071654941 of Official Records,'in said office of the Cou^ty Recorder; thence (1657) along last s=id Westerly line ooilth 00028155" Wast 318.70 feet to the point of intersection with said centerline of Placeritz Canyon_ Road, being a point on a curve concave northwesterly having a radi'es.O= 1500.00 feet, a radial line through last said point bears North 32°21'3-4" west; thence (C56) southwesterly along last said centerline and along last said curve through a central angle' of 27011'33" an arc distance of 711.90 feet to the point of intersectior_ with the westerly line of the land described in document recorded June 07, 2.OD6 as instrument no. 06-1253116 .of. .said Official Records; thence (L59) along last said westerly line gouth 00°21'14" west 774.87 Peet to the north line of the southwest quarter ,of said section_ 2; thence. . (L60) along last said north line South B9°13'10" Ras 1328.21 Peet to he n0.t-east corn 0= ti18 SOUthweSt quarta`O'i said Section 2; th== Ce (166 1) along the east line of last said soLthWSSt: quarter South 0.0036'27". . west_1&47.9B..feet- to the.nor`heasteriy corner. of the southeast T4arter Of -rhe southwest d+iarter of said Section 2i thence - (162) along the southerly line of parcel B .as described in document recorded August 25, 2D04 -as instrument 110. 04-2190843, of 'said Official Records, North 69°16'42" west 1338.38 feet to the easterly lse of parcel C as described in said document recorded August 25, 2004; thence (1663) along last said easterly line South 01°02'22" west 1349.36 Peet to the southerly line of the soutnwesc Quarter of said Section 2; thence (1,64) along last said southerly line North 89°20'_0" West 1348.56 feat to the 'southwest corner of said Section 2; thence (L65) along the westerly line Of the southwest quarter of said Section 2 .: North 01°28'15" East 2701.64 feet to the west quarter corner of said% Section 2 being an angle' point ori the boundary of tie City of Santa Clarita as'the same existed on -January 31,.2011; thence . (266) along said City Boundary the following 8 courses, North 00005'30" East 2362.51 feet; thence a9'. Xr\AD?+inF\+WORD DDOS\i+^WLS\3MB1TS\8000 LX=B3:TS\8561 3S -ADC EXHIBIT "2" Page 27 of 40 �y 20071654941 of Official Records,'in said office of the Cou^ty Recorder; thence (1657) along last s=id Westerly line ooilth 00028155" Wast 318.70 feet to the point of intersection with said centerline of Placeritz Canyon_ Road, being a point on a curve concave northwesterly having a radi'es.O= 1500.00 feet, a radial line through last said point bears North 32°21'3-4" west; thence (C56) southwesterly along last said centerline and along last said curve through a central angle' of 27011'33" an arc distance of 711.90 feet to the point of intersectior_ with the westerly line of the land described in document recorded June 07, 2.OD6 as instrument no. 06-1253116 .of. .said Official Records; thence (L59) along last said westerly line gouth 00°21'14" west 774.87 Peet to the north line of the southwest quarter ,of said section_ 2; thence. . (L60) along last said north line South B9°13'10" Ras 1328.21 Peet to he n0.t-east corn 0= ti18 SOUthweSt quarta`O'i said Section 2; th== Ce (166 1) along the east line of last said soLthWSSt: quarter South 0.0036'27". . west_1&47.9B..feet- to the.nor`heasteriy corner. of the southeast T4arter Of -rhe southwest d+iarter of said Section 2i thence - (162) along the southerly line of parcel B .as described in document recorded August 25, 2D04 -as instrument 110. 04-2190843, of 'said Official Records, North 69°16'42" west 1338.38 feet to the easterly lse of parcel C as described in said document recorded August 25, 2004; thence (1663) along last said easterly line South 01°02'22" west 1349.36 Peet to the southerly line of the soutnwesc Quarter of said Section 2; thence (1,64) along last said southerly line North 89°20'_0" West 1348.56 feat to the 'southwest corner of said Section 2; thence (L65) along the westerly line Of the southwest quarter of said Section 2 .: North 01°28'15" East 2701.64 feet to the west quarter corner of said% Section 2 being an angle' point ori the boundary of tie City of Santa Clarita as'the same existed on -January 31,.2011; thence . (266) along said City Boundary the following 8 courses, North 00005'30" East 2362.51 feet; thence a9'. Xr\AD?+inF\+WORD DDOS\i+^WLS\3MB1TS\8000 LX=B3:TS\8561 3S -ADC EXHIBIT "2" Page 28 of 40 (267) Nar1x O5°5'27" Wes 1399.69 '_eet;_ th�zce ;1 ($,66') North 69053119" East 1333.12 feet; thence (L69) North 06019120" West'-i239..98feet`ence jL70) North'o6.°19'06" West 1240.26. feet; thence (L71) Sou` 89097'09" west 2632.•95 feet; thence (L72)'North.05°32'23" West 1231.99 .feet; thence (L73) Sonth 89036'56" West 3921.73 feet to the. Point i Containing'2937.24 acres, more or less. X:\AAD--hE-i N\VORD DOCSY!OCPMS\F '3T-TS\8000 MM:CB=m5\6561 M;DOC r ~M c �� II 4 U m mils a o as"aa a if IE H 0,6 s a = e a"€ sad a = ;9 I; a Is "a i 0029 R R RRR£ R RR RR RR RR R R £R SRe € R r £ R �?a$$ gKOM egea;mTvn gg$R $$Pa a2$ gad §a1 s`,ae11 ae1 €2§9 a a7p ea$ 6$ eE "se �e "s,e 's.e Bass i€&$ 68 B S$ 888 n lass 8 k�'=3 $BSt $$$ 684 aS 4 9 4 9! 3 aAA�$ 42a4 928 4 4 ?aS 4S 15 S'^•� ?�^9 :NSF g 55FS -S `- « S r S �^ «n �n war«n �"" nrs Na aW aN..N ,. «««N ««P. N N ..N« SNOW n «««S "N �S««S n ^ .. -- x _ EXHIBIT "T' n"a Page 29 of 40 "a s $ e a e 0 aez«"s« 2 s ae a = meas '06'0 =;x2 ,g Smm aa =a"seg a 005 0 sR R R R ° o R R R RRRR o_«« Roo 'o R 0o o R £RR26 0 6. ROD o 00 RRr.-R R£ R. 's a g s q §as$ $1484nm? E" n ossa 'ss s".s s s"sao 8 o"s d" 'so 149"s"B m a if$$; 8 e4 qss"g == 4$ �v$$s S 2$e§a S3$F"S,�$a$ S$? $ $3 S$ $ S ae�A B Ss eq v I4$$3 I 96$ $ a9 «« « « «««««'H «««« $ « ««««==��««««E« 'a$' « «« « « HIE «« _— « «=Ns« ««« « AN WERE � . v _I r'LT in LnM Q oa c -- t"rt I ' vN in m o'c aLU N NN N N N� zN z C �. Z F c �� II 4 U m cp Rap RPR 9 R n Ne R° ° 608 q pAm o$ 8 N 'RRQ a o .'RPR $y £R p �miZ en8 $2944.4462 'aoKR gX g 'q p g - 2ad2a�6' 'conA 4ev4� m�e 4mmmC�CmccvAr4j $'me gg �86 620 6 a sse 6`966`9 "2 s`"s`sm`s`a MESS a a"aa" """a^ 3 '" """•satic$ea ao `a,a- ossa .8 4. $ $ 9 G G 9 X44'°°.P. HM .4 ..4.' 44 4.°ai4�pa p�6 pec c',e�c C6 aM a� ««$n« « «rys««as:. ria .. ,. n a `ass?i««««««r M HER .�Ump"«n«««`a^'««««'W3«.NOW se «« A nn rN mils a o as"aa a if IE H 0,6 s a = e a"€ sad a = ;9 I; a Is "a i 0029 R R RRR£ R RR RR RR RR R R £R SRe € R r £ R �?a$$ gKOM egea;mTvn gg$R $$Pa a2$ gad §a1 s`,ae11 ae1 €2§9 a a7p ea$ 6$ eE "se �e "s,e 's.e Bass i€&$ 68 B S$ 888 n lass 8 k�'=3 $BSt $$$ 684 aS 4 9 4 9! 3 aAA�$ 42a4 928 4 4 ?aS 4S 15 S'^•� ?�^9 :NSF g 55FS -S `- « S r S �^ «n �n war«n �"" nrs Na aW aN..N ,. «««N ««P. N N ..N« SNOW n «««S "N �S««S n ^ .. x n"a "a s $ e a e 0 aez«"s« 2 s ae a = meas '06'0 =;x2 ,g Smm aa =a"seg a 005 0 sR R R R ° o R R R RRRR o_«« Roo 'o R 0o o R £RR26 0 6. ROD o 00 RRr.-R R£ R. 's a g s q §as$ $1484nm? E" n ossa 'ss s".s s s"sao 8 o"s d" 'so 149"s"B m a if$$; 8 e4 qss"g == 4$ �v$$s S 2$e§a S3$F"S,�$a$ S$? $ $3 S$ $ S ae�A B Ss eq v I4$$3 I 96$ $ a9 «« « « «««««'H «««« $ « ««««==��««««E« 'a$' « «« « « HIE «« «« « «=Ns« ««« « AN WERE cp Rap RPR 9 R n Ne R° ° 608 q pAm o$ 8 N 'RRQ a o .'RPR $y £R p �miZ en8 $2944.4462 'aoKR gX g 'q p g - 2ad2a�6' 'conA 4ev4� m�e 4mmmC�CmccvAr4j $'me gg �86 620 6 a sse 6`966`9 "2 s`"s`sm`s`a MESS a a"aa" """a^ 3 '" """•satic$ea ao `a,a- ossa .8 4. $ $ 9 G G 9 X44'°°.P. HM .4 ..4.' 44 4.°ai4�pa p�6 pec c',e�c C6 aM a� ««$n« « «rys««as:. ria .. ,. n a `ass?i««««««r M HER .�Ump"«n«««`a^'««««'W3«.NOW se «« A nn rN f` EXHIBIT "25 x LEGAL, DESCRIPTION ANNEXATION NO. 2011-26 TO TBE CITY OF S_LNTA CL_A2JTA "SOTTTIi SANI1 CANYON" Parcel 1: EXHIBIT "2" `I Page 30 of 40 "Whose portions of Sections 1, '2-, 11 and 12 in r'ow:ship 3 North, Range 15' west, San. Semardino Ne -id_an in L: v- County of los Ange'_es.,-State of California described,.as follows: - Beg?naing'at-the=rater of said Section 12, =hence (LT)""`along. the southerlyline of the northwest quarter of said Section 12 South 880551/4' WesL 1162.49 feet Lne westerly line •to of parcel 1 as descr_oed in document recorded Agri1 28, 1994 as instrument no. 94-818523 of Official Records,. in the officeo-i -Lh e. County Recorder of said county; thence (12) along said westerly line North 00°14128" west 2659.52 feet to the southwesterly corner of. tnedsoutheast quarter -of the southwest ' - (13 along the westerly line of parcel 11 as descr_bed an- docunent. ' recorded .April 22, 2005 as •instrument no. 65-0943244 of said -- Official' Records,- North 00°19`41'. East 1372.20 feet — - northwesterly corner 'of said southeast quarter of the.soutnwest ' quarter; thence (,4) along the southerly line of parcel 1 as -described in document ' recorded April 22, 2005. as, instrument no. 05-0943244 of said X_\P_D3+3&\W0RD D0CS\1SCS-w^\EXa:B_,S\8000 3X=M\8$62 Dm. DOC f` EXHIBIT "25 x LEGAL, DESCRIPTION ANNEXATION NO. 2011-26 TO TBE CITY OF S_LNTA CL_A2JTA "SOTTTIi SANI1 CANYON" Parcel 1: EXHIBIT "2" `I Page 30 of 40 �.9 "Whose portions of Sections 1, '2-, 11 and 12 in r'ow:ship 3 North, Range 15' west, San. Semardino Ne -id_an in L: v- County of los Ange'_es.,-State of California described,.as follows: - Beg?naing'at-the=rater of said Section 12, =hence (LT)""`along. the southerlyline of the northwest quarter of said Section 12 South 880551/4' WesL 1162.49 feet Lne westerly line •to of parcel 1 as descr_oed in document recorded Agri1 28, 1994 as instrument no. 94-818523 of Official Records,. in the officeo-i -Lh e. County Recorder of said county; thence (12) along said westerly line North 00°14128" west 2659.52 feet to the southwesterly corner of. tnedsoutheast quarter -of the southwest ' quarter of sal'd section 1; thence (13 along the westerly line of parcel 11 as descr_bed an- docunent. ' recorded .April 22, 2005 as •instrument no. 65-0943244 of said Official' Records,- North 00°19`41'. East 1372.20 feet to the . northwesterly corner 'of said southeast quarter of the.soutnwest ' quarter; thence (,4) along the southerly line of parcel 1 as -described in document ' recorded April 22, 2005. as, instrument no. 05-0943244 of said X_\P_D3+3&\W0RD D0CS\1SCS-w^\EXa:B_,S\8000 3X=M\8$62 Dm. DOC �.9 III' EXHIBIT "2" Page 31 of 40 113.6.9. feet to the, a. '' �.3=ficial Records, South 89 06 32 8 Section 2 easterly line or the southeast quarrer.of seal ;, �nence.' (L5) .along last said easterly line South 00°23'15" Vest 1345.26 i•' - ! feet to the southeasterly corner or .said Section 2; thence (Z6) along .the 'southerly line' ofI. the south=ast,' quarter of .sand Section 2 North 89°20''10" West 674.28 feet to 'the ersterly. line c£ parcel,5 as described in said dOCLmPnL recorded April 22, 2005; thence ' (17) along last said easterly line South 00°17`18'" west 1346. D9 feet to he soat-r_er1Y lire of sa=d p=. cel 5.;. thence {Z8) along last,sai'd southerly line North $9024'.23" ingest 7348:60, e '-North t0 t_h2 westerly, '� line OofSa_d parcel 5 i thence . iii Ortt_ ao°11'26" East 1387:75. (i,9) along last Bald L4esteily t quSaid.. feet to the S011tnerly line pf the. sou theaB.arter 'O Section 2; thence Souther] line South 89°20'1.0" East 337.14 (5 1D} 'along last said gout>- _ L _ ........_..._. _ ,_d -..._-parcel a as described - s- ri feet to the westerly, line or doCUMent recorded April' 22r.2005; thence ( 11} along 'last Said Westerly line ?North 00°31`30" 46.96 Fast 13 feet to the southerly line of parcel "1 4s­ described in documer_t recorded December 2, 2D02 as inst-ament no. 02-2914078' said Ot. official Records; thence {L12')' along last said southerly line North 89°16'41" West 1009..49. feet to the 'westerly line of the aorzr_w vest uarter of she southeast quarter Of said Section 2; thence' (L13) along last said westerly 1.ine North 00°35`27" East 1347.98 feet to, the northeast corner of the southwest quarter oT Said $ection 2; thence.... (L•14)' along the 'northerly lire of said southwest, .quarter o Section 2 North 89°13'10" Wesr 1328.21. feet, to the wester'_y line x°\AD ri\woaD mss\ rwsU xaTms\egos Y D'n?TS\8562 E%'s.Do. the. land described in document recorded: June . 07, 2 DO6 as'- 2nstrument no. 06-1253118 of said O; -,ficial Records;thence'• (1115) along last said westerly line and its northerly proiongation North •00'°21`18' East 774.87 deet to a poisit on the csnterli e of Placerita Canyon Road being a point on a' curve concave northwesterly having a radius of 1500.00 feet, a radial - .line through last said point..bears North 05"10'61' West;. thence (C16), northeasterly along said cu_we and said centerline through a central angle of 27°11' 33" an arc distance of 711.90 feet to a point on the. wssterl_u "line o the eas_• half of the 'southeast quarter of the northwest qua mei- of Said Section 2 as described in doci meat recorded July 12, 2007 as _Jnstrumert no. 20071654941 Of said-0__icia1--Records; thence .{L17) along last said westerly lire.,North 00028'55.' East 316.70 feet to a point on the scutherly boundary of Parcel 'Map No. 7D96 as shown on map filed in Book 108- cages 33 and 34 cf Farrel Maus, .. .___._.. in -said office of the ,County Recorder; thence -, (L18) along last said sou''_herly "boundary South 89°30'011" East 667,02 feet to the easterly boundary of. said Parcel Map No. 7096; thence (1119) along last said easterly bounda_y North 00°36127" Z,ast 219.37 Peet to a point on said centerline.af Placerita Canyon 'Road; thence u . (L20) along last said centerline the following seven courses, North 50°56'00 East 685.39 feet to the to the beginning of a tangent 'curve Qoncave southeasterly having a'radius of 1600.00 feet; thence (C21) northeasterly along last said curve through .a. central angle of 17049'10" an -arc distance of 311.01 zest; thence X:\AM=\H'ORD DOCMEG21S\'n7Ca_1SVODB EM=ZTS\8562 EKE.= 1 , • a ff �( :I EXHIBIT 'T„ Page 32 of 40 the. land described in document recorded: June . 07, 2 DO6 as'- 2nstrument no. 06-1253118 of said O; -,ficial Records;thence'• (1115) along last said westerly line and its northerly proiongation North •00'°21`18' East 774.87 deet to a poisit on the csnterli e of Placerita Canyon Road being a point on a' curve concave northwesterly having a radius of 1500.00 feet, a radial - .line through last said point..bears North 05"10'61' West;. thence (C16), northeasterly along said cu_we and said centerline through a central angle of 27°11' 33" an arc distance of 711.90 feet to a point on the. wssterl_u "line o the eas_• half of the 'southeast quarter of the northwest qua mei- of Said Section 2 as described in doci meat recorded July 12, 2007 as _Jnstrumert no. 20071654941 Of said-0__icia1--Records; thence .{L17) along last said westerly lire.,North 00028'55.' East 316.70 feet to a point on the scutherly boundary of Parcel 'Map No. 7D96 as shown on map filed in Book 108- cages 33 and 34 cf Farrel Maus, .. .___._.. in -said office of the ,County Recorder; thence -, (L18) along last said sou''_herly "boundary South 89°30'011" East 667,02 feet to the easterly boundary of. said Parcel Map No. 7096; thence (1119) along last said easterly bounda_y North 00°36127" Z,ast 219.37 Peet to a point on said centerline.af Placerita Canyon 'Road; thence u . (L20) along last said centerline the following seven courses, North 50°56'00 East 685.39 feet to the to the beginning of a tangent 'curve Qoncave southeasterly having a'radius of 1600.00 feet; thence (C21) northeasterly along last said curve through .a. central angle of 17049'10" an -arc distance of 311.01 zest; thence X:\AM=\H'ORD DOCMEG21S\'n7Ca_1SVODB EM=ZTS\8562 EKE.= 1 , • a (C25) northeaster .y along last said .curve through a central' angle Of ' 3.6°:7' 40" an. zrc dish -tan ce of 316.73 feet' to a point on `the . bouadarl- c_ the rl LY'. of Santa Clar_La as 'the'Sa?'0,e existed k'ebruary 14, 2011; thdnce (L26) Continuing along said Centerline and said boundary. and tangent to last saiK Cul e North' &8°59,' 50" East 1072_ ^_7 -feet to 'pan said boundary on the centerline or Sana Ca Yon angle point in (L27) along said boundary and said centerl�e of Sand -Canyon Road ° d the 10 ,owing l3 co'�rses and coves, So?+t'n_ 11 OS OS est 73.95 ngent curve concave northeasterly -feet to the beginning of a ta having a radius of 300.00 feet; thence (C28). southeasterly along last said curve through a central' angle Of 78°45140"'an arc distance of -412.39. feet; thence d (L29) tangent to last said. curve *South' 890.5^_'45J1 East 166._0 feet to the beginning Of a tangent curve concave northerly.'having a radius of' 1000.0.0 feet; thence (C30) easterly along last said curve through a Central angle of 25044150" an arc distance of 449.37 feet; thence (L31) tangent to last. said curve North 64'X125" East 213.03 feet.. 1 Lo the .9 g Of.a tangent curve concave northwesterly having a radius: o= 200.00 -feet; thence X:%RD 4NVI0?S1 pOCS �L:CaSSU'.r-T�'T-?5 6000 3Y'?3ITS�6562 '•DOC '� p ' •4 w - ! EXHIBIT " 2" i Page 33 of 40 :�L22) ta_ngen'r to last said cu-rve North 68045710" East 165.73 feet ) to the beginning ofa tangent curve:.concave nosLhwestexly having a radius of 800.00 feet; thence (C23) .northeasterly along last said curve.t_nrough. a central angle o1 arc distance of 224.10 feet; thence ='1"n°03100". an (L24) tangent to last said curve 'North 52°42'10" East 101.75 -feet . to beginning of a tangent curve concave southeasterly- having 'a. .the radius of 50'0.00 feet; thence (C25) northeaster .y along last said .curve through a central' angle Of ' 3.6°:7' 40" an. zrc dish -tan ce of 316.73 feet' to a point on `the . bouadarl- c_ the rl LY'. of Santa Clar_La as 'the'Sa?'0,e existed k'ebruary 14, 2011; thdnce (L26) Continuing along said Centerline and said boundary. and tangent to last saiK Cul e North' &8°59,' 50" East 1072_ ^_7 -feet to 'pan said boundary on the centerline or Sana Ca Yon angle point in (L27) along said boundary and said centerl�e of Sand -Canyon Road ° d the 10 ,owing l3 co'�rses and coves, So?+t'n_ 11 OS OS est 73.95 ngent curve concave northeasterly -feet to the beginning of a ta having a radius of 300.00 feet; thence (C28). southeasterly along last said curve through a central' angle Of 78°45140"'an arc distance of -412.39. feet; thence d (L29) tangent to last said. curve *South' 890.5^_'45J1 East 166._0 feet to the beginning Of a tangent curve concave northerly.'having a radius of' 1000.0.0 feet; thence (C30) easterly along last said curve through a Central angle of 25044150" an arc distance of 449.37 feet; thence (L31) tangent to last. said curve North 64'X125" East 213.03 feet.. 1 Lo the .9 g Of.a tangent curve concave northwesterly having a radius: o= 200.00 -feet; thence X:%RD 4NVI0?S1 pOCS �L:CaSSU'.r-T�'T-?5 6000 3Y'?3ITS�6562 '•DOC '� p ' •4 w :.. EXHIBIT "2" Page 34 of 40 ;i(G32) northeasterly along last said curve through a central angle po of 31`14110" an arc .distance of 109:503 feet; thence. :'(L33)I tangent to last said curve North'33005115" East 95.70 feet to the beginning of a tangent curve concavz, southeasterly having a radius o2 200.00 feed; thence (C3a) northeasterly along last said centerline and list said curve through -a central angle of 42°50'20" an arc distance o= 149.54 feet; thence (L35) tangent to last said curve North 75°5.6135" Eases 670.82 -feet to the beginning of a tan_gert curve concave southerly'having a radius of 300.00 feet; thence I �.ae__5, 3long last Said CLVe 't=ough (C3 estra central, n le 'Of 33°20'30" an arc distance of 174.58 feet, thence. (L37) tangent to last said'eu_rII South 70042'531 East 108.17 feet to the easterly line of the west half of said Section 1; thence ......-{�.:5 ). .....lsaTiing said City Boundary and .along last said easterly line South 00016115" West 5075.48. feet to the south drua_rter.corner of said Section i; thence 4(L39) along the easterly line of the northwest C.Iuarter of said " Section 12 South 00°46156" East 2628.75 feet to the point'. of Beginning. Contairing 634.47 acres, more or less. PARCEL 2: N Lots 3 and 4 in Section 36, Township 4 North, Range 15 west, San Bernardino Meridian in the County of Los Angeles;'.; State of California according the official tnlat thereof 'on file in the . Goverment Land Office described as a whole as follows:. X:\AD^_P\47010 DOCS\="U-ILS E R?RITs\9000 '1TI3_'_^E\9562 Ei�.noc `� 0 � •r EXHIBIT 462" Page 35 of 40 °` Beginning at the aoutheast corner o: skid Sectior_'36; thencE ' I (L1) . zlong the. southerly line o= said Section .36 South. 87 ° 09' 10" West 2267, 9.6 =eeti to the wes eSrly line .oi said Lo .. r thence- . . L2) :along said westerly line North 03°26`48" West '-7°"=.26..eet to the north line of said lot 3; tbance (L3)' along 'the northerly lines Cf said Lots. 3 and vo th S9°�?8''S2" East' 235A.47 feet to the easterly 'line. of said.Sec�ioL 36; thence .. 03_ feet �o t5,4)g) along said easterly i-ne-South 00°5526" West 1 -l0 the'Point of Beginning. parcel 2 containing 57.68 acresr lC 2 Or _ess- . rCa a '1 and.2 cont 692..15 acres. IilOrB. Cr legs, in the"T_'r .... aggregate.,: . $-\ADbr,Q\WORD DOCS\LEMLB\ ?�T-T6\B000 z..6 E:BTT8\8562 EXc•DOC P ' L> yw EXHIBIT "211 Page 36 of 40 :J tl p 5 4 > S O < U (Z r_ eiNnv N.N Cp oamN gOe'I CIn oh meinP • 2n �' z L Z �' ODOO OODoo000o000nj0 99 C?N400 CO? O9,00a Q pj ' '� j� Hii ASW NH`N],NnNtSNN'NyNNHNrn'� `M.o1n TC N Nw'Nmm Tmmmm� L` % F �' 000e gvaco gvoo o,"ggq�o o �"� �e vvvv000 0gqgc? 2WOO ao my vv v'« vvcm vv �vvc'av�e cWOO �'aS� — Y"O p Da NNN NNNNNNN NNNN NNN N NNNN NN NNNNNNNN NNNNN a m —LL" %U'N z ly— N O gim q SC m j 0 I EXHIBIT "T5 Page 37 of 40 EXHIBIT 442" _ LEG_FSL.fI.Gl17Li.Et'1C ION ANN=/A 140.20.11-71; TO TIM CITY OF S_iNI'A CLARITA "NOR��'D-ROBiriSON R%iNCI3" Those portions of Section 13 and o' Che nortnaast' ouarter 02 Section 24, all in Township g North, Range 15 Wsstr•San Bernardino Heridian. in the County of Los Angeles, State -of Cali orn. a described as follows: Beginning at the r_orths=st co=ne,= of Said Section 24; thence (Id). along 'the.easterly line o_ the an ax, a=e*• tof said Secticn 24 South W23r25rr' West 2649.07 feet to the southeasterly corner of the northeast .%_`_sive= of said Section 241. said corn$_r being af& avffgle poi's'e i the boundary of the City gf Santa Clarita as the SaMS SXisted On February thence - ..._......_.. --i �r _n f 7, -ria 1r -i �+. a —h City Bou�_d__y �__e-'_C__Ov._—g CCL:_s.-s and ..LrT._S� S011i_ 89053`52,` West 1318.81 -feet; thence (L3) North 00016'28" Zast.2340.95 feet; thel?ce (14) South 70°26,05', West 660.20 feet; thence (15) North 19°33'55,'. West 367.72 feet to a point on a curve concave. noxthwester�y having a radius of 1522.47 feet, a raca.al line through said Point bears North 33'17,02" West; thence (C6) n_or.:heasterly along said curve through a centrGl angle of -100-18151" an arc distance of 274.07 feet; thence (17) non -tangent to said curve South 890491•-121= West 346.96,feet; thence (L8)North 49022r39rr East 262.45 feet; thence (1:9) North OV.17103" East. 377.03 feet to a 'ooint on a curve, concave northerly having a radius of 2469.00 Meet, z"radial line" through .last said point bears North 14015151,' West; thence (C10)- westerly along last said curve through a central angle of 16020'.51" an arc distanns of 704.45 feet; thence K:\?r5I1S\470.7 DOo6�C3i+5\slC22cI=S\6000 �IST_TS\8563 'a`.L•a.DOC ', • ^tea w i i EXHIBIT 6'2" Page 38 of 40 ' r "'west 1058.86 =est to tie g (11) tangent to last. said curse North 87 55 00 r 1000.00 1 aV1ng .3 =Zd =IlS D_ ' concave norther _y h, be#rming. Of.a tangent curve eat;.thznce angle o- O8°•22'03" (C12) westerly along last said curcre through' a central ng Zn arc: distance. "of 156.04 .regi_ to the beginning of a tangent reverse . ClL,'Ge concave sour^-ariti havI-ig a radius of 1000. OD feet, thence . i wzs �erly a ang last Snld C Y'v.o rou5 a Cen rat �ny1e O''1D°J�r z9" (C_3) . an arc distance o='190.96 test; thence .. dr, west 1232.56 feet; ((T=4)tangent to last said aurae South 89° 3D 3_ thence h DO°02'=5 W=_st 895.35 feet tq a point o*+ the oenterhne Pr {1151 North . iC -ar enCE re A31telOpe %Ta11ey E-v5a_y (Stateghway ) . °1 i;45•, �asu 1255.76 =eEL LD he a! Ong Said. C�•.nterl lne SDt?th B$ ..:..1 v hay.7'nC . a radiLS . OT. •' , beg ln-zg' r_. o t8I^CETit aur. v COI Cain npr u� WBSucs 5800, 00 feet; . tcaedce .. •� ' s IASL aid ,targe (C17.) nor=Iheasterly along said centerline and along _ o t _..,........._._. - °54:36 an arc di-*c 2099.83 -eau th ough a central: angle Ox _9 - . _a - _ _ _ ::. 1... arolo agati'on o_ the....YrroSrer!y - 17ne" o1 - - tnn- .- he' ,aad aoint on ane .=-ort ___3 G sir •._^- na reccrded'�ugast Ol, 1986 a described as Par Ce1' 1 in dOCL-- - . the off De DZ the County. P.cGDrder No. 88-1209670 of Official P,eOords, ii1 Of said county; thence j and along (�16) leaving said City Boundary and along said :prolong=t--On said ues`erly line South 00°17'03" West, 491,67 =em ro the northerly line o=' ;he land described 'as Parcel '1 in doeu"snt•• recorded yebru�y 27 r 1968 1 r- u 3275 o= said Oi=:tial records; thence as Sr a t_ wee NO. . (y19) along said northerly line SOuth'89°42'57" East 20D.00 feet ro the Westerly line of last said Parcel 1; thence (L20) along said easterly line Sottth 00°17'03" Wesn 2DD:00' reef o. ane southerly line Or last said Parcel 1; thence I (121) along said southerly line North 89°52`57" West 20D.01.0 feet Pagust , Gs .d r in said d6mment reco_•d_ -viEaterly 1'ilr of Parcel 1 sc_ibed i i 01 1988; thence 1 •OOC GFSS\3XH'+ ?5\8000 Z=a=28\8583 3K'+ \ X: WDWN\hOAD DOCS\i56.°S6\7iysT-SIRS\B DSO S�Y.ffi3-i5\8563 r'�-DOC \ \ r EXHIBIT ,.2„ Page 39 of 40 Ip zlong last said westerly line 'Soup 00°1T 03" west. 7 .. 341.67 feet uo T ne southerly line of'last.said Parcell; thence ' (7.23) along last said southerly line North 89°40`54" mast 465.88 =eat the sourheaste=ly fine of last said Parcel 1;. ther'!ce (124)'along said southeasterly line -North 43°11'97" East ,94.851. feet to tae beg ming 6= a tangent cu_'r've concave southeasterly having a radius of 1532.47 -feet; thence (C25) aortheaste_rly along last said curve and along said, southeasterly line 4through a central eagle of 33012ro0" an arc dista_•2ce of 887.99 feet; hence . (1,26) non-tangent to last said curve and along last said southerly. line North 8004?'09" 3ast 112:38 -feet; thence (,27) colt ruing along lzst said soutae_ly line North 87°05' 09" mast 594.'72 feet'to 'the easterly line oi' the southeast craarr Ver of said: Secti on .. 13; thence � . (_,28) along last said eastirly line South 00026'42" Wast 1218.04 .feei�to the Pol= .of Beg--n-ng. ....... _ Con tainng 204.32 acres, more or less._ X: WDWN\hOAD DOCS\i56.°S6\7iysT-SIRS\B DSO S�Y.ffi3-i5\8563 r'�-DOC \ \ r N EXHIBIT " 2" Page 40 of 40 90 .g' AS s ;z_ `"'=II •,� LLL •� L� nN 11 a I. b All IN 491 cl r s � � she R ItN -i .'y 11 Q 9 le •5 Is ji II o v 1 I S I R._ a a I I a• ! arumara a"'° I nes rnm+o: EXHIBIT 3 (Franchise Fees) Franchise Fee Amount Throughout the Term of the Assigned Agreement, Franchisee must pay to City a Franchise Fee in an amount equal to 10% of the Gross Receipts derived by Franchisee from services provided in the City pursuant to the Assigned Agreement. The Franchise Fee must be submitted along with a report of the revenue upon which the franchise Fee is calculated by month and service category such that Gross Receipts from all sources of revenue are easily identifiable. EXHIBIT 4 (Indemnification) 1. Indemnification Franchisee hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, commissions, officers, employees, and agents (collectively, indemnities) from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, proceeding or suit in law or equity of any and every kind and description (including, but not limited to, injury to and death of any person and damage to property, or for contribution or indemnity claimed by third parties) arising or resulting from and in any way connected with (1) the negligence or willful misconduct of Franchisee, its officers, employees, agents, companies and/or subcontractors in performing services under this Agreement; (2) the failure of Franchisee, its officers, employees, agents, companies and/or subcontractors to comply in all respects with the provisions of this Agreement, applicable laws (including, without limitation, the Environmental Laws), ordinances and regulations, and/or applicable permits and licenses; (3) the acts of Franchisee, its officers, employees, agents, companies and/or subcontractors in performing services under this Agreement for which strict liability is imposed by law (including, without limitation, the Environmental Laws). The foregoing indemnity shall apply regardless of whether such loss, liability, penalty, forfeiture, claim, demand, action, proceeding, suit, injury, death or damage is also caused in part by any of the indemnities negligence, but shall not extend to matters resulting from the indemnities sole negligence, or willful misconduct. Franchisee further agrees to and shall, upon demand of City, at Franchisee's sole cost and expense, defend (with attorneys acceptable to City) City, its elected and appointed boards and commissions, officers, employees, and agents against any claims, actions, suits in law or equity or other proceedings, whether judicial, quasi-judicial or administrative in nature, arising or resulting from any of the aforementioned events, and to reimburse the City for any and all costs and expenses City incurs in providing any such defense, either before, during or after the time Franchisee elects to provide such defense, including any and all costs incurred in overseeing any defense to be provided herein by Franchisee. Franchisee, upon demand of the City, made by and through the City Attorney, shall protect City and appear in and defend the City and its elected officials, officers, employees and agents, in any claims or actions by third parties, whether judicial, administrative or otherwise, including, but not limited to disputes and litigation over the definitions of "Solid Waste" or "Recyclable Material," the scope of the rights granted herein, conflicts between the rights granted herein and rights asserted by other Persons, or the limits of City's authority with respect to the grant of licenses, or agreements, exclusive or otherwise, asserting rights under the Dormant Commerce Clause or any other federal or state laws to provide Solid Waste Handling Services in the City. The provisions of this Section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of this Agreement. 2. Hazardous Substances Indemnification A. Without regard to any insurance coverage or requirements, and without limiting the above general indemnification obligation in any way, Franchisee specifically agrees to and shall, to the maximum extent permitted by law, defend (with counsel acceptable to City) reimburse, indemnify, and hold City and its past and present officers, council members, employees, consultants and agents (hereinafter "Indemnified Parties") harmless from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever kind or nature ("Claims") (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and similar costs, damages and expenses) that arise out of or are alleged to arise out of or in any way relate to any action, inaction or omission of franchisee that: 1. Results in any demand, claim, notice, order, or lawsuit, asserting that any Indemnified Party is liable, responsible or in anyway obligated to investigate, assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any Hazardous Contaminant (as defined herein); or 2. Relates to material collected, transported, recycled, processed, treated or disposed of by Contractor. B. Franchisee's obligations pursuant to this Section shall apply, without limitation, to: 1. Any Claims brought pursuant to or based on the provisions of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 9601 et seq., the California Hazardous Substances Account Act (California Health & Safety Code Sections 25300 et seq.), the California Hazardous Waste Control Laws (California Health and Safety Code Sections 25100 et seq.), the California Porter -Cologne Act (California Water Code Section 13000 et seq.), and any and all amendments and regulations thereto, and any other Federal, State, regional or local environmental statutory or regulatory provision; 2. Any Claims based on or arising out of or alleged to be arising out of the ownership, use, lease, sale, design, construction, maintenance or operation of Franchisee of any facility; 3. Any Claims based on or arising out of or alleged to be arising out of the marketing, sale, distribution, storage, transportation, disposal, processing or use of any materials recovered by Franchisee; 4. Any Claims based on or arising out of or alleged to be arising out of any breach of any express or implied warranty, representation or covenant arising out of or in connection with this Agreement. C. The foregoing indemnity and defense obligations shall apply irrespective of the negligence or willful misconduct of Franchisee or any Affiliate of Franchisee. D. For purposes of this Section, the term "Hazardous Contaminant" shall mean any "hazardous material," as that term is defined under California Health & Safety Code Section 25501(1); any "hazardous substance," as that term is defined herein or under California Health & Safety Code Sections 25281(f), 25501(e), 25501.1 and under Title 42, Section 9601(14) of the United States Code; any "hazardous waste," as that term is defined under Title 42, Section 6093(5) of the United States Code and under California Health & Safety Code Section 25550(m); any chemical which the Governor has identified as a chemical known to the State to cause cancer or reproductive toxicity pursuant to California Health & Safety Code Section 25249.8; any crude oil or refined or unrefined petroleum product or any fraction or derivative thereof; and any asbestos or asbestos -containing material. The term "Hazardous Contaminant" shall also include any and all amendments to the above -referenced statutory and regulatory provisions made before or after the date of execution of this Agreement. E. The provisions of this Section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of this Agreement. F. In the event City directs Franchisee to dispose of Solid Waste Collected pursuant to this Agreement at a facility designated by City, Franchisee shall not be required to provide the indemnification set forth in this Section 9.2 with respect to Claims arising from allegations relating to the handling and/or disposal of such Solid Waste after it is delivered to a City designated facility (although this exception shall not apply to any other Claims relating to said Solid Waste); provided, however, this exception to the indemnification requirements of Section 9.2 that would otherwise apply shall not apply in the event the City designated disposal facility in question is either owned or operated, in whole or part, by Franchisee or any Affiliate. 3. AB 939 Indemnifications and Guarantee A. To the extent authorized by law, Franchisee agrees to indemnify and hold harmless the City from and against all fines and/or penalties imposed by the California Integrated Waste Management Board in the event the source reduction and Recycling goals or any other requirement of AB 939 are not met by the City with respect to the waste stream Collected under this Agreement. B. Franchisee warrants and represents that it is familiar with City's waste characterization study as set forth in City's SRRE, and that it has the ability to and will provide sufficient programs and services to ensure City will meet or exceed the 50% diversion goal set forth in AB 939, with respect to that portion of the Solid Waste generated in City that is the subject of this Agreement. EXHIBIT 4 (Indemnification) 1. Indemnification Franchisee hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, commissions, officers, employees, and agents (collectively, indemnities) from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, proceeding or suit in law or equity of any and every kind and description (including, but not limited to, injury to and death of any person and damage to property, or for contribution or indemnity claimed by third parties) arising or resulting from and in any way connected with (1) the negligence or willful misconduct of Franchisee, its officers, employees, agents, companies and/or subcontractors in performing services under this Agreement; (2) the failure of Franchisee, its officers, employees, agents, companies and/or subcontractors to comply in all respects with the provisions of this Agreement, applicable laws (including, without limitation, the Environmental Laws), ordinances and regulations, and/or applicable permits and licenses; (3) the acts of Franchisee, its officers, employees, agents, companies and/or subcontractors in performing services under this Agreement for which strict liability is imposed by law (including, without limitation, the Environmental Laws). The foregoing indemnity shall apply regardless of whether such loss, liability, penalty, forfeiture, claim, demand, action, proceeding, suit, injury, death or damage is also caused in part by any of the indemnities negligence, but shall not extend to matters resulting from the indemnities sole negligence, or willful misconduct. Franchisee further agrees to and shall, upon demand of City, at Franchisee's sole cost and expense, defend (with attorneys acceptable to City) City, its elected and appointed boards and commissions, officers, employees, and agents against any claims, actions, suits in law or equity or other proceedings, whether judicial, quasi-judicial or administrative in nature, arising or resulting from any of the aforementioned events, and to reimburse the City for any and all costs and expenses City incurs in providing any such defense, either before, during or after the time Franchisee elects to provide such defense, including any and all costs incurred in overseeing any defense to be provided herein by Franchisee. Franchisee, upon demand of the City, made by and through the City Attorney, shall protect City and appear in and defend the City and its elected officials, officers, employees and agents, in any claims or actions by third parties, whether judicial, administrative or otherwise, including, but not limited to disputes and litigation over the definitions of "Solid Waste" or "Recyclable Material," the scope of the rights granted herein, conflicts between the rights granted herein and rights asserted by other Persons, or the limits of City's authority with respect to the grant of licenses, or agreements, exclusive or otherwise, asserting rights under the Dormant Commerce Clause or any other federal or state laws to provide Solid Waste Handling Services in the City. The provisions of this Section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of this Agreement. 2. Hazardous Substances Indemnification A. Without regard to any insurance coverage or requirements, and without limiting the above general indemnification obligation in any way, Franchisee specifically agrees to and shall, to the maximum extent permitted by law, defend (with counsel acceptable to City) reimburse, indemnify, and hold City and its past and present officers, council members, employees, consultants and agents (hereinafter "Indemnified Parties") harmless from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever kind or nature ("Claims") (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and similar costs, damages and expenses) that arise out of or are alleged to arise out of or in any way relate to any action, inaction or omission of franchisee that: 1. Results in any demand, claim, notice, order, or lawsuit, asserting that any Indemnified Party is liable, responsible or in anyway obligated to investigate, assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any Hazardous Contaminant (as defined herein); or 2. Relates to material collected, transported, recycled, processed, treated or disposed of by Contractor. B. Franchisee's obligations pursuant to this Section shall apply, without limitation, to: 1. Any Claims brought pursuant to or based on the provisions of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 9601 et seq., the California Hazardous Substances Account Act (California Health & Safety Code Sections 25300 et seq.), the California Hazardous Waste Control Laws (California Health and Safety Code Sections 25100 et seq.), the California Porter -Cologne Act (California Water Code Section 13000 et seq.), and any and all amendments and regulations thereto, and any other Federal, State, regional or local environmental statutory or regulatory provision; 2. Any Claims based on or arising out of or alleged to be arising out of the ownership, use, lease, sale, design, construction, maintenance or operation of Franchisee of any facility; 3. Any Claims based on or arising out of or alleged to be arising out of the marketing, sale, distribution, storage, transportation, disposal, processing or use of any materials recovered by Franchisee; 4. Any Claims based on or arising out of or alleged to be arising out of any breach of any express or implied warranty, representation or covenant arising out of or in connection with this Agreement. C. The foregoing indemnity and defense obligations shall apply irrespective of the negligence or willful misconduct of Franchisee or any Affiliate of Franchisee. D. For purposes of this Section, the term "Hazardous Contaminant" shall mean any "hazardous material," as that term is defined under California Health & Safety Code Section 25501(1); any "hazardous substance," as that term is defined herein or under California Health & Safety Code Sections 25281(f), 25501(e), 25501.1 and under Title 42, Section 9601(14) of the United States Code; any "hazardous waste," as that term is defined under Title 42, Section 6093(5) of the United States Code and under California Health & Safety Code Section 25550(m); any chemical which the Governor has identified as a chemical known to the State to cause cancer or reproductive toxicity pursuant to California Health & Safety Code Section 25249.8; any crude oil or refined or unrefined petroleum product or any fraction or derivative thereof; and any asbestos or asbestos -containing material. The term "Hazardous Contaminant" shall also include any and all amendments to the above -referenced statutory and regulatory provisions made before or after the date of execution of this Agreement. E. The provisions of this Section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of this Agreement. F. In the event City directs Franchisee to dispose of Solid Waste Collected pursuant to this Agreement at a facility designated by City, Franchisee shall not be required to provide the indemnification set forth in this Section 9.2 with respect to Claims arising from allegations relating to the handling and/or disposal of such Solid Waste after it is delivered to a City designated facility (although this exception shall not apply to any other Claims relating to said Solid Waste); provided, however, this exception to the indemnification requirements of Section 9.2 that would otherwise apply shall not apply in the event the City designated disposal facility in question is either owned or operated, in whole or part, by Franchisee or any Affiliate. 3. AB 939 Indemnifications and Guarantee A. To the extent authorized by law, Franchisee agrees to indemnify and hold harmless the City from and against all fines and/or penalties imposed by the California Integrated Waste Management Board in the event the source reduction and Recycling goals or any other requirement of AB 939 are not met by the City with respect to the waste stream Collected under this Agreement. B. Franchisee warrants and represents that it is familiar with City's waste characterization study as set forth in City's SRRE, and that it has the ability to and will provide sufficient programs and services to ensure City will meet or exceed the 50% diversion goal set forth in AB 939, with respect to that portion of the Solid Waste generated in City that is the subject of this Agreement. EXHIBIT 5 (Insurance, Bond, Letter of Credit) 1. Insurance Franchisee shall procure and maintain during the entire Term of this Agreement the following types of insurance, and shall maintain the following minimum levels of coverage, which shall apply to any claims which may arise from or in connection with Franchisee's performance hereunder or the actions or inactions of any of Franchisee's officers, agents, representatives, employees, or subcontractors in connection with Franchisee's performance. The insurance requirements hereunder in no way limit Franchisee's various defense and indemnification obligations, or any other obligations as set forth herein. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. The most recent editions of Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 00 01). 2. The most recent editions of Insurance Services Office form number CA 00 01 covering Automobile Liability, code 1 "any auto" and endorsement CA 00 25. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. Minimum Limits of Insurance. Franchisee shall maintain in force for the term of this Agreement limits no less than: 1. Comprehensive General Liability: Five Million Dollars ($530003000) 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 1. The liability insurance required by this Section 1 shall cover all Franchisee or subcontractors or the Franchisee or subcontractor must furnish evidence of insurance provided by it meeting all of the requirements of this Section 1. 2. Franchisee shall comply with all requirements of the insurers issuing policies. The carrying of insurance shall not relieve Franchisee from any obligation under this Agreement. If any claim exceeding the amount of any deductibles or self-insured reserves is made by any third Person against Franchisee or any franchisee or subcontractor on account of any occurrence related to this Agreement, Franchisee shall promptly report the facts in writing to the insurance carrier and to City. If Franchisee fails to procure and maintain any insurance required by this Agreement, City may take out and maintain, at Franchisee's expense, such insurance as it may deem proper and deduct the cost thereof from any moneys due Franchisee. 2. Faithful Performance Bond A. Prior to the Commencement Date, Franchisee shall deliver to City a performance bond in the sum of the amount of Seven Hundred Fifty Thousand Dollars ($750,000.00), which secures the faithful performance of this Agreement, including, without limitation, payment of any penalty and the funding of any work to cure a breach of this Agreement, unless such requirement is waived by the City Manager. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void at the conclusion of the term of this Agreement only if the Franchisee promptly and faithfully performs all terms and conditions of this Agreement. B. In the event Franchisee shall for any reason become unable to, or fail in any way to, perform as required by this Agreement, City may declare a portion or all of the performance bond which is necessary to recompense and make whole the City, forfeited to the City. Upon partial or full forfeiture of the performance bond, Franchisee shall restore the performance bond to its face amount within 30 days of the City's declaration. Failure to restore the performance bond to its full amount within 30 days shall be a material breach of the Agreement. 3. Faithful Performance Letter of Credit A. In addition to a corporate surety bond as noted in Section 2 above, Franchisee shall furnish an irrevocable letter of credit drawn upon a financial institution with an office within one hundred (100) miles of City in the amount of Two Hundred Fifty Thousand Dollars ($250,000), in a form acceptable to the City Attorney as security for the performance of this Agreement (the "LOC"). The LOC shall be the sole responsibility of Franchisee, and shall be released within thirty days after both (i) the expiration of the term of this Agreement, or upon the earlier termination hereof; and (ii) Franchisee's satisfactory performance of all obligations hereunder. B. Thirty (30) days following City providing Franchisee with written notice of its failure to pay City any amount owing under this Agreement, the LOC may be drawn upon by City for purposes including, but not limited to: 1. Payment of sums due under the terms of this Agreement which Franchisee has failed to timely pay to City 2. Reimbursement of costs borne by City to correct violations of this Agreement not corrected by Franchisee. City may draw upon the entire Letter of Credit and convert it to a cash deposit if Franchisee fails to cause the Letter of Credit to be extended or replaced with another satisfactory letter of credit no later than 60 days prior to its expiration during the term hereof. EXHIBIT 6 (Existing Roll -Off Agreement) O' Temporary Bin and RoH-Off Box Solid Waste Franchise Agreement Between The City of Santa Claiita and Burrtec Waste Industries, Inc. City of Santa Carita Contract No. 0 Lq I (IOC 6 o i 1 i City of Santa Carita Contract No. 0 Lq I (IOC 6 o n 0 Tempornry Bin and Roll -Off Box Solid wnsto Agrow nt Between lite City oi' Sanla CInrifn and Burrtc Waste Industries, Ino. TABLE OF CONTENTS Recitals................................................................................................................................ 1 Section I Chant of Franchise...............................................................................................4 . Section 2 Reimbtusement of City Expenses ..................................... :................................. 6 Section3 Term; Extension.................................................................................................. 6 Section4 Definitions.........................................................................................6................. 6 Section 5 Compliance with Laws and Regulations ............. ....... ..................................... ,,... 9 Section 6 Types and Frequency of Service.............................................................. I.......... 9 Section 7 Collection Equipment........................................................................................ 11 Section8 Privacy.....................:..........................................................................,.............,.13 Section 9 Service Exceptions; Hazardous Waste Notifications........................................13 Section 10 Customer Service............................................................................................14 Section 11 Ownership of Solid Waste ............ ............................... ............................15 OSection 12 Marketing of Recyclable Solid Wastes...........................................................15 Section 13 Billing ... .......... ............................... ....................... ....:................. .................. ... IS Section 14 Burrtec's Books and Records; Audits.............................................................16 Section 15 Integrated Waste Management,Act; Reporting Requirements ........................17 Section 16 Activities and Financial Reports; Adverse Information ..................................17 Section 17 Indemnification and Insurance........................................................................ 21 Section18 Cash Bonds......................................................................................................24 Section 19 Emergency Service., .... I ................... ......... d ......................................... , ........ 25 Section 20 Administrative Remedies; Imposition of Damages; Termination .................. 26 Section 21 Referral to Referee; Hearing Procedures........................................................ 31 _._._............. -, Section 22 City's Additional Remedies ................... ........................ ........................ 34 Section 23 Franchise Transfer; City Consent; Fees.......................................................... 35 Section24 General Provisions.......................................................................................... 37 ExhibitA Guaranty..................................................................................:...................... C-1 I PS -05-06-09 l� 00 1oc� Temporary Bin aadRoa-Off Bos Solid Waata Agreenimit Between the City of Santa Martin and.Burriec Waste Iadusti ies, Au. Temporary Bin and Roll -Off Box Solid Waste Agreement Between the City of Santa Clarita and Burrtec Waste Industries, Inc. This "Temporary Bin and Roll -Off Box Solid Waste Agreement Between the City of Santa Clarita and Buntec" ("Agreement" or "Temporary Bin and Roll -Off Agreement") between the City of Santa Clarita, California, a California city ("City")'and Brunet, a California corpora- tion, is made and entered into on the 1�±day of ; 2001. RECITALS 'WHEREAS, Article XI, § 7 of the California Constitution authorizes cities to protect public health and safety by taldng measures in furtherance of their authority .over police and sanitary matters' and WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, ("AB 939" or the "Act") established a solid waste management process which requires cities and other local jurisdictions to implement plans for source reduction, reuse and.recycling as integrated waste management practices for solid waste attributed to sources mithin their respective jurisdictions; and WHEREAS, California Public Resources Code § 40059 provides that aspects of solid waste handling of local concern include but are not rim ted•to frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste services, and whether the services Are to be provided by means of non- exclusive, partially exclusive or wholly exclusive franchise, contract, license or otherwise which may be granted by local government under ten -ns and conditions prescribed by the gov- erning body of the local agency; and ---..--...-._..__.._._..__ .__-____ ..__- _.�.__-.__. ._.-..._. _-___ �.__..—_---•--....._-. WHEREAS, Chapters 015.44 and 15.46 of the Santa Clarita. Municipal Code, implement Article XI, § 7 of the California Constitution and California Public Resources Code § 40059 in . the City of Santa Clarita; and WHEREAS, City is obligated to protect the public health and safety of the residents of the City of Santa Clarita and arrangements made by solid waste enterprises and recyclers for the collection of Temporary Bin and Roll -Off Solid Wastes should be made in a manner consis- PS-05-06-09 Temporary Bin and Roll -Off Boz Solid Waste Agreement Between the city or Santa Clarilu and Borrtcc Waste Industries, int. tent with the exercise of the City's police power for the protection of public health and safety; and WHEREAS, By advertisement and solicitations by mail City invited solid waste enter- prises, without regard to prospective proposers' places of business or prior service areas (in an effort to attract proposals from the widest possible range of qualified proposers) to propose how Temporary Bin and Roll -Off Solid Waste services might be provided in the City in a safe, effi- cient manner which protects public health and safety and implements measures consistent with the City's Source Reduction and Recycling Component in order for the City to reach the diver- sion goals mandated by the California Integrated Waste Management Act of 1989, as amended, Public Resources Code §§ 40000 et seq.; and WHEREAS, By its advertisements and solicitations, City received expressions of inter- est and suggestions from numerous prospective proposers, including proposers with corporate headquarters located outside the State of California, and City, in evaluating proposals, consid- ered factors which included, but which were not limited to cost, quality of service, proposers ability to implement measures to comply with AB 939 and proposers' ability to meet the obli- gations of indemnification provisions and traffic and air pollution impacts, but did not favor in- state or local firms nor discriminate in any way against firms with out-of-state affiliations or corporate offices; and WHEREAS, City and Buntec are mindful of the provisions of the laws governing the safe collection, transport, recycling and disposal of Temporary Bin and Roll -Off Solid Waste, including AB 939, the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CER- CLA" ), 42 U,S.C. §§ 9601 et seq.; the laws governing Universal Wastes, Universal Waste Electronic Devices ("UWEDs"), and other Universal Wastes, including, but not limited to non - empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel - cadmium batteries, silver button batteries, mercury batteries, small sealed Iead acid batteries [burglar alarm and emergency light batteries] aDcaline batteries, carbon -zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury -containing switches; and VTFIEREAS, City and Buntec desire to Ieave no doubts as to their respective roles and to malce it clear that by entering into this Agreement, City is not thereby becoming a "genera- tor" or an "arranger" as those terms are used in the context of CERCLA § 107(a)(3) and that it is Buntec, an independent entity, not City, which will arrange to collect Temporary Bin and Roll -Off Solid Waste from Premises in the City of Santa Clarita, transport for recycling and disposal and dispose of Temporary Bin and Roll -Off Solid Wastes which may contain small PS -05.06-09 0o Temporary Bin and Roll-On•Box Solld Waste Agreement Botween the City of Santa Cinrita and B=rtee WJeatn IndaaltieS IIm, amounts of household products with the characteristics of hazardous wastes, collect and com- post Green Waste and collect and recycle Recyclable Solid Wastes from Premises in the City of Santa Clarita, and collect and recycle or dispose of Construction and Demolition Materials; and WHEREAS, there are no places within the City limits of the City of Santa Clarita. where landfills are located, or which are suitable for the siting of a landfill and therefore Temporary Bin and Roll -Off Solid Waste must be exported from the City; and WHEREAS, City and Burrtec agree that, subject to City's exercise of its reserved flow control right under Section 1.H of this Agreement, it is Burrtec, and not City, which will select the landfill or transformation facility destination of the non -recyclable Temporary Bin and Roll -Off Solid Waste and Construction and Demolition Materials ("C&D Materials") which Burrtec: will arrange to collect, that City has not and, by this Agreement does not, instruct Buirtec on its collection methods, nor supervise Burrtec in the collection of waste and nothing in this Agreement or other action of the City shall be construed to giverise. to any inference that the City has any title, ownership or right of possession of such Temporary Bin and Roll -Off Solid Waste; and WHEREAS, Burrtec represents and warrants to City that Butrtec has'the experience and O qualifications to conduct recycling and waste diversion programs, to provide'City with infor- mation sufficient to meet the City's reporting requirements under the Act, to meet the diversion goals proposed by Buntec, to meet City's other requirements, to arrange with persons in charge of day-to-day activities of Premises in the City of Santa Clarita for the collection, safe transport and disposal of Temporary Bin and Roll -Off Solid Wastes which may contain small amounts of household. products with the characteristics -of Hazardous Wastes, or Universal Wastes, in a safe manner which shall minimize the adverse effects of collection vehicles .on air quality and traffic, and that Burrtec has the ability to indemnify City in accordance with this Agreement; and WHEREAS,. the City would not enter into this Agreement with Burrtec unless BurTtec provides a Guaranty in the form set forth in Exhibit A and the Guarantor, as a material induce- ment and consideration to the City to enter into the Agreement, is willing to execute and deliver ttie Gual arty, arld to-agut•_ee to and be bound by its Lgjm r aria...: , ... _.........._ ......._. _. __....._ V41EREAS, the City Council of the City of Santa Clarita determines and finds pursuant to California Public Resources Code § 40059(a)(1),that the public interest, health,. safety and well-being, including the mininuzation of adverse 'impacts on air quality and traffic from exces- sive numbers of collection vehicles, the implementation of measures consistent.with the City's Source Reduction and Recycling Component, and in an effort to reduce the City's potential 'O CERCLA liability, would be served if Burrtec were to'be awarded an exclusive Franchise for PS -05-06-09 TemporaryBin and RA1l•O£r Box Solid Waste Agreement Betwemt the Clty of santa Clor£ta and Btlatac Waste Industries, Inc. collection, recycling, diversion and disposal of Temporary Bin and Roll -Off Solid Waste from premises in the City of Santa Clarita. NOW, THEREFORE, the City and Burrtec agree as follows: Section 1. Grant of Franchise A. Binding Agreement, In consideration of the execution of and the mutual promises contained in this Temporary Bin and Roll -Off Box Solid Waste Agreement Between the City of Santa Clarita and Burrtec, City and Burrtec enter into this Agreement. B. Grant of Franchise; Exclusions. Burrtec, and other solid waste enterprises, if any, granted similar franchises, shall have an exclusive duty, right and privilege to collect, transport, process, recycle, compost, retain and dispose of all Temporary Bin and Roll. -Off Solid Waste, as defined in this Agreement, produced, generated and/or accumulated at premises in the City, except as provided below. The collection and disposal of residential solid waste from Single Family and Multi -Family Residences or other similar places is not within the scope of this Agreement, but is within the scope of a separate "Residential Agreement." The collection and disposal of Construction and Demolition Materials from residential, and commercial premises through the use of roll -off or other Bins is within the scope of this Agreement. However, accu- mulation, collection and recycling or disposal of Construction -and Demolition Materials by a licensed contractor, e.g., a roofing contractor, performing work within the scope of the contrac- tor's license, e.g., removing a roof and installing a new roof, using equipment owned or leased by the contractor, is not within the scope of this Agreement. C. "Exclusive Franchise." Burrtec agrees that this Agreement is an "exclusive fran- chise" as that term is used in Public Resources Code § 49520. Burrtec aclmowledges and un- derstands that City may grant more than one exclusive franchise, to more than one solid waste enterprise for the services to be provided pursuant to this Agreement. D. Waiver of Rights, Burrtec waives any right it may have to challenge the terms of this Agreement under federal, state or local law, or administrative regulation, except as pro- vided in the dispute resolution provisions of Sections 20 and 21 of this Agreement. Burrtec waives any right or claim to serve Premises in the City -of Santa Clarita as its boundaries exist as of the date of execution of this Agreement under any prior grant of franchise, contract, li- cense or permit issued or granted by City relating to the waste stream covered by this Agree- ment and including whatever, if any, rights Burrtec may have under the Public Resources Code or prior law. E, Gardeners and Landscapers. This Agreement shall not prohibit gardeners and landscapers from collecting, transporting and composting or disposing of Green Waste, as long 4 . PS -05-06-09 Temporary Bin and Roll•OIYBos Soad Waste Agraemaut Betwom the City of Santa Clarito and nurrtec waste Industries, Inc. n as they transport such Green Waste to a Compostable Materials Handling Facility or a Green Material Composting Facility, as defined in 14 CCR § 17852, or other site permitted (or ex- empt from permitting) by the California Integrated Waste Management Board, or its successor agency, in accordance with all governing laws and regulations and submit reports required by City. F. Sale or Gift of Recyclable Materials. Any person may sell Recyclable Materials or give away Recyclable Materials to persons or entities other than Burrtec However, in either in- stance: (1) the Recyclable Materials must be segregated from and not mixed with Temporary Bin or Roll -Off Solid Waste; and (2) the seller/donor may riot pay the buyer/donee any consid- eration for collecting, processing or transporting such Recyclable Materials, or as a consultation fee for recycling services. A discount or.reduction in price for collection, disposal and/or iecy- cling services for any form of unsegregated or segregated Temporary Bin and Roll -Off Solid Waste is not a sale or donation of Recyclable Materials and such Temporary Bin and Roll -Off Solid Waste does not qualify for this exception. G. • Annexation. Tenitory annexed to the City which is not within the service area of another solid waste enterprise which qualifies' under Public Resources Code § 49521 to con- tinue to provide Temporary Bin and Roll -Off Solid Waste services shall be added to the Fran- O chile covered by this Agreement. In the.event that an annexed area is added to the Franchise area, City and Burrtec agree that this Agreement shall supersede any previous franchise agree- ment, permit, or license granted to Burrtec by another public entity with respect to the collec- tion of Temporary Bin and Roll -Off Solid W aste within the annexed area.. . H. Flow Control - Reservation of Rights. City reserves whatever, if any, rights to ex- ercise solid waste flow control which may be provided by Congress. Section 2. Reimbursement of City Expenses Not Required. Burrtec shall not be required to reimburse City for expenses, including staff time, con- . sultants' and attorneys' fees and expenses associated with granting this Agreement. Terns......_.._.__. - A. Collection services under this Agreement shall be provided for a period of five years, commencing on January 1, 2006, and ending at midnight on December 31, 2010, unless sooner terminated. B. Sections 9, 16 and 17 of this Agreement also require Buntec to provide services O(e.g., access to landfill destination information, insurance and indemnification and an insurance PS -05-06-09 Tatnporary Bin and Roll -Off Box Solid Waste Agreement Between the Ctty of Santa Clarlta and Burrtec Waste Industries, Inc. policy repository) beyond the period during which collection services are to be provided pursu- ant to this Agreement. Section 4. Definitions Whenever any term used in this Agreement has been defined by the Santa Clarita Mu- nicipal Code ("Municipal Code") or Division 30, Part 15 Chapter 2 of the California Public Re- sources Code, the definitions in the Municipal Code or Public Resources Code shall apply unless the term is otherwise defined in this Agreement. A. "Act" or "AB 939" means the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code §§ 40000 et seq., as it may be amended and as implemented by the regulations of the California Integrated Waste Management Board, or its successor agency. B. "Agreement" or "Franchise Agreement" means this written Agreement between the City and Borneo, and all exhibits and documents, including Bmrtec's Service Proposal, dated October 7, 2005, and all supplements to those respective proposals, governing the provi- sion of Temporary Bin and Roll -Off Solid Waste Services as provided in this Agreement. See Section 24.J, below. C. `Bins" or "Solid Waste Bins" means those containers provided for the temporary accumulation and collection of Temporary Bin and Roll -Off Solid Waste from Premises. Bins are usually two or three cubic yards in size, or larger. D. "Bulky Goods" means large and small household appliances, furniture, carpets, mattresses, White Goods, oversized yard waste such as tree trunks and large branches if no lar- ger than two feet in diameter and four feet in length and similar large items discarded by Com- mercial service recipients. The term `Bulky Goods" does not include consumer electronics, such as televisions, radios, computers, monitors, and the like. E. "City" means the City of Santa Clarita, California. F. "Construction and Demolition Materials" or "C&D Materials" means discarded building materials, "inert wastes" as defined in Public Resources Code § 41821.3(a)(1) (rock, concrete; brick, sand, Soil, ceramics and cured asphalt), recyclable construction and demolition materials, packaging, plaster, drywall, and rubble, resulting from construction, remodeling, re- pair and demolition operations, but does not include asbestos -containing materials, Construc- tion and Demolition Materials, but not asbestos -containing materials, are within the scope of Us Agreement, subject to the licensed contractor exception in Section 1.B, above, PS -05-06-09 O O 0 n Tomporary Bin m,d Roll•ofrBox SaBd waste Agreement Between am Cltp of Santa Clarita and Burrtec waste Industries, Inc: G. `Burrtec" means Burnet Waste Industries, Inc,•A California corporation, a party to this Agreement. H. "Franchise" means the exclusive right and privilege granted by this Agreement. I, . "Franchise Fee" means the fee or assessment imposed by the City on Burrtec be- cause of its status as party to this Agreement and which, inter alia, is intended to offset the City's expenses in administering this Franchise and to compensate City for damage to its streets, sidewallo, curbs and gutters and other infrastructure resulting from Bur tec's exercise of this Franchise, the expenses of administering the program for the Temporary Bin and Roll - Off Solid Waste stream, reporting requirements under the Act and other related expenses. J. "Green Waste" or "Yard Trirnivings" means leaves, grass clippings, brush, branches and other forras of organic materials generated from maintenance or alteration of residential landscapes or gardens including, but not limited to, yard clippings, leaves, tree trimmings, prunings, holiday trees free of flocking and metal, brush and weeds and incidental pieces of scrap lumber, separated from other forms of Temporary Bin and Roll -Off Solid Waste. "Green Waste" does not include yucca or palm fronds, which are not suitable for com- posting. K. "Gross Revenues" means any and all.revenie or compensation in any form, de- rived directly or indirectly, of Burrtec, or their subsidiaries, or other affiliates of Buntec in which Buntec or either of them, has a financial inteiest, for the collection, transportation, proc- essing,'recycling, diversion and disposal of solid waste pursuant to this Agreement, in accor- dance with Generally Accepted Accounting Principles, including, but not limited to, monthly customer fees for collection of Tempoiary Bin and Roll -Off Solid Waste, without subtracting Franchise Fees or any other cost of doing business, but excluding revenues from the sale of Re- cyclable Materials and Recyclable Solid Waste. L. "Hazardous Waste" means any waste -materials or mixture of wastes defined as a "hazardous substance" or `hazardous waste" pursuant to the Resource Conservation and Re- covery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Re- --- - ------ sponse; 6ompensationandLiabilifiy-Act-("GERCLA");•42 US:G:-§§ 9601-e secf.;,the Catpen- •-•••-• ter -Presley -Tanner Hazardous Substance Account Act ("HSAA"), codified at California Health & Safety Code §§ 25300 et seq.; and all future amendments to any of them, or as defined by the California Integrated Waste Management Board, or the Department of Toxic Substanocs Con- trol, or a successor agency. If there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or Solid Waste, the term "Hazardous Waste" shall be'construed to have the broader, more encompassing definition: PS -05-06-09 Teinporary Bin and Rall-OfrRox Saad Waste Agreement Datmen the Clty of Santa Ciarita and Burrtec Waste Industries, bv. M. "Premises" means all premises in the City, other than Single Family and Multi - Family Residences, where Temporary Bin and Rall -Off Solid Wastes are generated or accumu- lated. The term "Premises" includes, but is not limited to, stores; offices; restaurants; rooming houses; hotels; motels; industrial and manufacturing, processing, or assembly shops or plants; hospitals, clinics, convalescent centers and nursing homes (non-medical waste); federal, state, county and local governmental facilities, including, but not limited to schools, school district offices, special districts and water districts (to the extent authorized by law); but does not in- clude Single Family or Multi -Family Residences. N. "Recyclable Material" means a commodity which is sold for compensation, or given away, but which is not discarded into the Commercial waste stream. A Recyclable Mate- rial which is discarded into Temporary Bin or a Roll -Off Box loses its character as a Recycla- ble Material and becomes Temporary Bin and Roll -Off Solid Waste subject to this Temporary Bin and Roll -Off Agreement. O. "Roll -Off Sox" or "RoII-Off Box Service" means solid waste containers, or ser- vice using containers with a capacity of 10 cubic yards, or more, including compactors. P. "Scavenging" means the unauthorized removal of Recyclable Solid Wastes. Scav- enging is prohibited by Public Resources Code § 41950. Q. "Temporary Bin Service" means Bin service provided to a premises on a tempo- rary, as -needed, basis in such a manner that no Bins belonging to a particular solid waste enter- prise, or any of its affiliates, remain on that premises for more than thirty consecutive days, or for more than 60 days of any consecutive 90 -day period in any calendar year. R. "Universal Wastes" means Universal Waste Electronic Devices (UWEDs), cathode ray tubes (CRTs) and other Universal Wastes, including, but not limited to non -empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel -cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] alkaline batteries, carbon -zinc batteries and any other bat- teries which exhibit the characteristic of ahazardous waste), mercury thermometers; mercury - containing switches, and any other Universal Wastes improperly designated by the then - applicable regulations of the Department of Toxic Substances Control, or its successor agency. Section 5. Compliance with Laws and Regulations Burrtec warrants that it shall comply with all applicable laws, including implementing regulations, as they may be amended, specifically including, but not limited to RCRA, CER - PS -05-06-09 0 O 0 n Temporary Bin and Ro11.0t'rBox solid Wasta Agreement Between the City of Santa Clarita and Burrtee waste Industries, Inc. CLA, the Act, the California Electronic Waste Recycling Act of.2003, as amended (SB 20, Sher, Chapter 526, Statutes of 2003; SB 503 Sher, Chapter 863, Statutes of 2004; AB 575, Wolke, Chapter 59, Statutes •of. 2005), laws governing Universal Waste, including Universal Waste Electronic Devices ("UWEDs"), and other Universal Wastes, including, but not limited to non -empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (recharge- able nickel -cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency Iight batteries] alkaline batteries, carbon -zinc batteries and any other batteries which exhibit the characteristic of a hazardous- waste), mercury ther- mometers, mercury -containing switches, regulations and orders of the California Department of Toxic Substances Control, the California Air Resources Board, the California Integrated Waste Management Board, or their respective successor agencies, and all other applicable laws of the United States, the State of California, the County of Los Angeles, ordinances of the City, the requirements of Local Enforcement Agencies and all other agencies with jurisdiction. Section 6. Types and Frequency of Service A. Public Health and Safety - General. In order to protect the public health and safety, arrangements made by Burrtec with its service recipients within the City of Santa Claita for the collection of Temporary Bin and Roll -Off Sold Waste shall provide for the col- lection of such waste generated or accumulated in Premises within the City at least once every O 30 days. B. Temporary Bin and Roll -Off Solid Waste Services. 1. Burrtec shall collect and remove.all Temporary Bin and Roll -Off Solid Waste placed in Solid Waste Bins fiem all Premises within the City as often as necessary to pzevent overflows and spillage from.Bins. 2, Burrtec agrees to provide Bins to service recipients upon commencement of service. 3. Under no circumstances shall BurrtBC be required to pick up the following b) Oil drums, grease drtuns and similar metal containers and containers with sharp, rough, or jagged edges; c) Large, heavy items not broken down, including without limitation, water heaters, couches, refrigerators, stoves and large pieces of fuini- Otore; PS -05.06-09 a) Solid Waste not placed in a Temporary Bin or Roll -Off box; b) Oil drums, grease drtuns and similar metal containers and containers with sharp, rough, or jagged edges; c) Large, heavy items not broken down, including without limitation, water heaters, couches, refrigerators, stoves and large pieces of fuini- Otore; PS -05.06-09 Temporary Bin and Rall -Off Bax Solid Wnste Agreement Bebaeen the City or Salta Clnrlta and Burrtee Wnste lndnsn•las ina. d) Hot ashes; e) Hazardous Waste; f) Any other material or matter which is not Temporary Bin and Roll - Off Solid Waste as defined in this Agreement. C. Recycling Services, 1. Recyclable Solid Waste Collection. Burrtee shall collect, remove and recycle all Recyclable Solid Waste placed in Temporary Bins and Roll -Off Boxes. Burrtee agrees to process Recyclable Solid Waste through a Materials Re- covery Facility or other facility capable of diverting C8, D Materials in order to maximize the diversion of Temporary Bin and Roll -Off Solid Waste from landfilling. "Inert wastes" as defined in Public Resources Code § 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt), shall be removed from the waste stream and not sent to disposal facilities. 1.5. Green Waste Collection. Burrtee shall collect, remove and recycle all Green Waste placed in Temporary Bins and Roll -Off Boxes. Burrtee shall use its best efforts to obtain maximum diversion credit, if available, for Green Waste. 2, Purchase of Recyclable Materials. Burrtee may offer services for the pur- chase of Recyclable Materials from its Temporary Bin and Roll -Off Solid Waste service recipients, but will not have any exclusive rights to so. 3. Scaveriona - Discouragement. Burrtee will take whatever, if any, legal ac- tions (e.g., actions seeking to enjoin scavengers) which may be appropriate and effective to discourage scavenging of Recyclable Solid Waste from the Temporary Bin and Roll -Off Solid Waste Stream. A Hours of Collection. Burrtee agrees that, in order to protect the peace and quiet of residents of the City of Santa Clarita, Burrtec's collection of Temporary Bin and Roll -Off Solid Waste which is audible in residential areas shall not be made between the hours of 5 p.m. and 6 a.m. Be Collection on Holidays, Burrtee has informed City that no collections will occur on a day on which a legal holiday is observed by the landfill, transformation, transfer station, ma- terials recovery facility, or Compostable Materials Handling Facility destination of Temporary 10 PS -05-06-09 Temporary Din ntd Rol] -off Dox Solid waste Apeoment Behvcon the City of Santa Cloritn and Burrtee wnste rndustrios, Inc. /1 Bin and Roll -Off Solid Waste to be. collected by Bturtec (presently New Year's Day, Memorial % Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day). 0 T. I Customer and Public Education Programs. Burrtee will develop and implement a Customer Education Plan for its Temporary Bin and Roll -Off Solid Waste customers. The Cos-. tamer Education Plan shall include information on recycling and the safe disposal of Hazardous Wastes and Universal Wastes, G. Change in Size or Number of Bins. By written or telephonic request Service Re- cipients may request to exchange Roll -Off or Compactor Bins for larger or smaller Bins, and change the frequency of collection. Bmrtec shall exchange Bins without charge. Section 7. Collection Equipment A.. General. Burrtee warrants that it.shall provide adequate numbers of vehicles and equipment, as described in its proposal, for the collection, transportation, recycling and disposal services for which it is responsible under this Agreement. B. Noise. To protect peace and quiet in Commercial areas, the noise level generated by compaction vehicles using compaction mechanisms during the stationary ,compaction process shall not exceed a single -event noise level of seventy-five (75) decibels (dBA) at a distance of twenty-five (25) feet from the collection vehicle measured at an elevation of five (5) feet above ground level. Buntec shall submit to City a certificate of vehicle noise level testing by an Inde- pendent testing entity of any collection vehicles used by Buntec in the City of Santa Clarita which has been the subject of more than one noise complaint within any twelve-month period. C.. Compliance. Burrtee warrants, that it will comply with all measures and procedures promulgated by all agencies with jurisdiction over the safe and sanitary operation of all its equipment. . D. Private Streets, Alleys and Parking Lots. Burrtee agrees to use its best efforts to prevent damage to private streets, alleys and parldng lots over which its collection equipment may be operated, and to obtain all required approvals for operation of its collection vehicles on private streets, alleys and parking lots, E. Graffiti. Buntec agrees to maintain all its equipment, including Bins and Roll -Off Boxes, used in the City free of graffiti or "tagging" and to remove or paint over tagging or graf- fiti from any of its Bins or other collection equipment within24 hours (Sundays and Holidays excepted) of notification by the City ora service recipient. See also § 22.E. . 11 PS -05-06-09 Temporary Bin and RoILOff Bax Solid Waste Aymeatnant Behvean it%* City of Snnla Clarlta and Burrtec Waste Industries, Lm, F. "hazardous Waste Disposal Prohibited" Markings. Buntec agrees to post each Bin and Roll -Off Box placed in the City with conspicuous signs warning that the disposal of Hazardous Waste in Bins is prohibited. See also § 22.E. G. Bin Markings. Each Bin placed in the City by Burrtec will be marked with Buntec's name, telephone number and a unique Bin number, by bar code or other means. For each Bin placed in the City by Butrtec, Buntec shall provide the Bin number to the service re- cipient and to the City. The City's copy of the list of Bin numbers shall include the name and address of the service recipient authorized to use each Bin. See also § 22.E. H. Bins: Lids, Replacement; Removal. Butrtec shall ensure that all its Temporary Bins in the City of Santa Clarita are equipped with operable lids, and, upon customer request, locks or hasps permitting the use of locks. Upon the request of the service recipient or City, Buntec shall replace or repair damaged, broken or unsightly Bins, Buntec shall remove Tem- porary Bins and Roll -Off Boxes from premises at which service has been discontinued within five collection days after receipt of notification that service has been discontinued. Section S. Privacy A. General. Butrtec shall observe and protect the rights of privacy of service recipi- ents. Information identifying individual service recipients, or the composition or contents of a service recipient's Temporary Bin and Roll -Off Solid Waste shall not be revealed to any per- son, governmental unit, private agency or company, unless upon the authority of a court of law, by statute, or upon valid authorization of the service recipient. This provision shall not be con- strued to preclude Butrtec from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by the Act, or preparing and distributing public awareness materials to service recipients. B. Mailing Lists. Butrtec shall not market or distribute mailing lists with the names and addresses of service recipients. C. Privacy Rights Cumulative. The rights accorded service recipients pursuant to this Section shall be in addition to any other .privacy rights accorded service recipients pursuant to federal or state law. Section 9. Service Exceptions; Hazardous and Universal Waste Notifications A. Failure or Refusal to Collect. When Temporary Bin and Roll -Oft. Solid Waste is not collected from any Temporary Bin or Roll -Off Solid Waste Service Recipient, Buntec shall 12 PS -05-06-09 • Tempororyliinand Roll•Cffanx Bolld Wnste QsrecuretttnehVcoI tlm City of Santa Claritn midB=tec Waste Industries,Inc. n notify that Service Recipient in writing, at the time collection is not made, by use of a tag or l otherwise, why fie collection was not made. B. Hazardous and Universal Waste Inspection, Diversion and Reporting. Burrtec reserves the right and has the duty under law, to inspect Temporary Bin and Roll -Off Solid Waste put out for collection and to reject Temporary Bin and Roll -Off Solid Waste observed to be contaminated with Hazardous Waste.•Should Burrtec find or observe reportable quantities of Hazardous Waste put out for collection with Temporary Bin and Roll -Off Solid Waste, Buntec shall notify all agencies with jurisdiction, including the California Department of Toxic Sub- stances Control and Local Emergency Response Providers and, if appropriate, the National Re- sponse Center, of reportable quantities of Hazardous Waste, found or observed in Temporary Bin or Roll -Off Solid Waste observed or collected anywhere within the City. Buntec shall han� dle Universal Waste Electronic Devices (UWEDs) and cathode ray tubes (CRTs) and other Universal Wastes, including, but not limited to non -empty aerosol cans, fluorescent tubes,'high intensity discharge lamps, sodium vapor lamps, and any other, lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel -cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] alkaline batteries, carbon -zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury -containing switches, and any other O Universal Wastes improperly disposed of into the Residential Solid Waste stream in a manner consistent with the then -applicable regulations of the Department of Toxic Substances Control, or its successor agency. In addition to other required notifications, if Buntec observes any sub- stances which it or its employees reasonably believe or suspect to contain Hazardous Wastes unlawfully disposed of or released, on City property, including storm drains, streets or other public rights of way, Burrtec shall notify the City Manager, or the City Manager's designee immediately. ' C, Hazardous and Universal Waste Diversion Records. Burrtec shall maintain re- cords showing the types and quantities, if any, of Hazardous and Universal Wastes found in Temporary Bin or Roll -Off Solid Waste and which was collected from service recipients within the City, but diverted from landfilling, and the diversion addresses. _._._ .._.._.___...�_.-._._.�ecii�n,1.D•--.__.__ �1?St4me� S.eti.Y�ce._._:.,....__...._.._..__.,.____.._..___..__.__.__.._... __._._.._.._.__.__._._._ A.• Office Hours. Burrtec has represented to City that Buntec's arrangements for the collection of Temporary Bin and Roll -06, Solid Waste from premises in the City of Santa Clarita will include Buritec's agreement to maintain an office accessible by telephone. The City understands, but does not require, that Burrtec's office hours are from 7 a.m. to 5,30 p.m. daily, except Saturdays, Sundays and holidays, Buntec shall have the capability of.responding to Ser -vice Recipients in English, Spanish, Telecommunications Device for the Deaf Service and other languages reasonably necessary for communication with service recipients. 13 PS-05-06-09 Tempernry Illn and Roll -Off Bow Solid Waste Agreemeut Between ate City of Santa Clarita and Burrta Waste Industrial, tuc. B. Service Complaints; Missed Collections. City and Buritee agree that the protec- tion of public health, safety and well-being require that service complaints be acted on promptly and that a record be maintained in order to permit City and Burrtec to identify poten- tial public health and safety problems. Accordingly, Burrtec shall inform all Temporary Bin and Roll -Off Solid Waste Service recipients that all service recipients' complaints shall be di- rected to Burrtec. Burrtec shall record all complaints, including date, time, complainant's name and address (if the complainant is willing to give this information) and the nature and date and manner of resolution of complaint, in a computerized daily Service Complaint Log. Any such calls received via Buntec's answering service shall be, recorded in the log and responded to not later than the next collection day on that route. The Service Complaint Log shall be available for review by City representatives during Butrtec's office hours and be available for transmis- sion to City as an attachment to a -mail. Buirtec shall provide a copy of this Service Complaint Log to the City with the Quarterly Reports. In the case of a complaint of a missed collection, Bmrtec shall make the collection on the day of the call if the call is received before one p.m, and on the next collection day if the complaint is received after one p.m. Section 11. Ownership of Solid Waste Ownership and the right to possession of Temporary Bin and Roll -Off Solid Waste placed for collection shall transfer directly from the service recipient to Burrtec, by operation of law and not by virtue of this Agreement. At no time does the City obtain any right of ownership or possession of Temporary Bin and Roll -Off Solid Waste or any Hazardous Waste illicitly placed for collection in a Bin, and nothing in this Agreement shall be construed as giving rise to any inference that City has any such rights. Section 12. Marketing and Diversion of Recyclable Solid Wastes Buntec agrees to market all Recyclable Solid Wastes collected from Commercial recy- cling programs developed pursuant to this Agreement at their reasonable fair market value, if a fair market value has been established in the marketplace at the time of marketing. Buntec agrees to divert all Temporary Bin and Roll -Off Solid Waste from disposal in landfills or trans- formation _ ... _...... , formation facilities, to the extent feasible, and to obtain maximum diversion credit. Section 13, Billing A. Billing and Payment. Burrtec shall bill all service recipients. Bills to Temporary Bin and Roll -Off Solid Waste service recipients shall be itemized, showing charges for each classification of service, but shall not designate that portion of the bill attributable to the Fran - 14 PS -05.06-08 Temporary Bin and Roll-ot'r Box solid Waste ASromnantBetwew ate City of Santa Clarita and nurrtee waste Industries, Inc. chise Fee as a separate item. Buirtec agrees to include all applicable fees imposed by action of the City Council, including, but not limited to fees for compliance with the Act in its bills sub- mitted to service recipients. Billing may be. monthly, bimonthly or quarterly, in advance, as Buntec and service recipients may agree. B. Delinquent Accounts. Burrtec may discontinue service as set forth in this section, Service recipients who' have not remitted required payments within 30 clays after the date of billing shall be notified in writing (or by electronic mail if the service recipient agrees) by Buirtec. The notification shall contain a statement that services may be discontinued and Bins removed 15 days from the date of notice if payment is not made before that time. Upon receipt of the delinquent payment, Buirtec shall resume collection on the next regularly scheduled col- Iection day. C. Refunds. Burnet shall refund to each service recipient, on a pro rata basis, any ad- vance service payments made by such service recipient for service not yet provided when ser- vice is discontinued by the service recipient. D. . Franchise Fee. Each month during which Burrtec provides .collection services pur- suant to this Agreement, Burrtec shall pay to City a Franchise Fee. The Franchise Fee shall be, O five percent of Gross Revenues, collected during each month of the term of this Agreement during which collection services were provided, This Franchise Fee shall be paid by noon on or before the 15th calendar day after the end of each calendar month during which collection ser- vices were provided pursuant to this Agreement. Accompanying each monthly payment shall be an accounting of the Gross Revenues for the corresponding month. Failure of Buirtec to make any payment within the appropriate time period shall result in interest accruing thereon at the maximum rate permitted under California law, in addition to all other remedies of City pur- suant to this Agreement. Section 14. Burrtec's Books and Records; Audits A. In addition to the requirements of Sections 9.C, above, and 16.1-I and 172, below, Buntec shall maintain all records relating to the services provided hereunder, including, but not lnjte�tg al�costg r3c�nded i the Col)ectioA and 'a osal Components, customer. lists,, billing,____ records, maps, records substantiating the information furnished by Buntec to City pursuant to Section 16 of this Agreement and service recipient complaints for the period during wlrich col- lection services are to be provided pursuant to this Agreement and an additional period of not less than three (3) years, or any longer period required by law. The City shall have the right, upon five (5) business days advance notice, to inspect, copy and audit all records relating to thus OAgreement, including, but not limited to, service recipient lists, billing records, maps, and cus- 15 PS -05.06-09 Temporary Bin and Roll•Orr Baa Saad Waste Agreement Between the City or Smmtn Claritn mid Burrtec Waste industries, rile. tomer complaints. Such records shall be made available to City at Bunrtec's regular place of business, or other place agreed to by City and Burrtec, within the County of Los Angeles. B. Should any examination or audit of BuiTtec's records reveal an underpayment of any fee required to be paid to City under this Agreement, the amount of such underpayment, plus interest at the maximum rate permitted under California law, shall become due and pay- able to City not later than thirty days after written notice of such underpayment is provided to Burrtec by City. Should an underpayment of more Bran one percent (1%) be discovered, Burrtec shall bear the entire cost of the examination or audit. Section 15. Integrated Waste Management Act; Reporting Requirements A. Burrtec-City Cooperation. Burrtec shall cooperate with City in Temporary Bin and Roll -Off Solid Waste Disposal Characterization Studies and waste stream audits and shall implement measures adequate to achieve the diversion goals set forth in its proposal. (See also Sections 17A 20.B.7 and 22.C, below.) During the period during which collection services are to be provided pursuant to this Agreement, Burrtec, at no expense to City, shall submit to City all relevant information and reports required to meet the reporting obligations imposed by the CIWMB under the Act, as amended. Buntec agrees to submit such reports and information by email or on computer discs, in a format acceptable to City at no additional charge, if requested by City. Be Change in AB 939. This Agreement is part of City's efforts to comply with the provisions of the Act as it may be amended and as implemented by the regulations of the Cali- fornia Integrated Waste Management Board, or its successor agency, as they may be amended, and the City's Source Reduction and Recycling Component, as it may be amended. In the event that the Act or other state or federal laws or regulations enacted or amended after this Agree- ment has been executed, prevent or preclude compliance with one or more provisions of this Agreement, or significantly increase or decrease Burrtec costs, such provisions of this Agree - went shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. Section 16. Activities and+Financial Reports; Adverse Information Quarterly Reports. Burrtec, at no additional expense, shall submit to the City such in- formation or reports in such forms and at such times as the City reasonably may request or re- quire, including, but not limited to the following, submitted not less often than as indicated: 1. Ouarterly Eggorts. Quarterly Reports shall be submitted to City, transmitted in a format acceptable to City, as an attachment to e-mail or by disc, at' City's option. Quarterly Reports shall include the following: 16 PS -O5-06-09 E O Temporary Bin and Roll -Off Box Saeid waste Agreement Between the City of Santa Morita and Burriae waste Industries, In e. a) Solid Waste Tonnage and Complaints. (1) The quarterly report shall show the member of tons collected each month and the tonnage, delivered to disposal facilities, itemized by disposal facility. A copy of the customer com- plaint log shall be submitted with the quarterly report not later than fifteen days after the close of the calendar quarter. b) Recyclable Solid Waste: (1) A statement showing, by type of material, tons received dur- ing the month and tons marketed during each month. (2) A report providing recycling information and the number of service recipients participating. (3) A narrative description of problems encountered and actions taken, including efforts to deter and prevent Scavenging. This is to, include a description of tons rejected for sale after proc- essing (type of material, tonnage), reason for rejection and Burrtec's disposal method for the rejected materials. (4) A.report of recycling program promotional activities, includ- ing materials distributed by Buntec to its service recipients. C) Inert Wastes Diversion Reports. A report of `Inert wastes" (rock, concrete, brick, sand, soil, ceram- ics and cured asphalt) removed from the waste stream and not dis- posed of in a solid waste landfill, but instead, placed on property where surface mining operations are being. or have been conducted, and which may be deducted from the amount of solid waste re- quired to be reported by the City to the CIWMB. See Public Re- sources Code § 41821.3.(b). d) Hazardous and Universal Waste Diversion Relrorts: A copy or summary of the records required by Section 9.C, above. 17 PS -05-06-09 Temporary Bin and Roll.Off Bax Solid Wasta Agrcemcut IIepvicen ttte City of Santa Clarlia and Burrtec Waste Industries, Inc. e) Certification: Buntec will provide a certification statement, under penalty of perjury, by the responsible corporate official, that the re- port is true and correct. 13. Annual Report. By January 31st, beginning in 2007 and each year thereafter that collection services are provided pursuant to this Agreement, Buntec shall submit to City a writ- ten year-end Annual Report in a form approved by the City. The Annual Report shall include the following information for the year ending on the preceding December 31st: General Information. General information about Buntec, including a list of Buntec's officers and members of its board of directors. A copy of Buntec's most recent annual and other periodic public financial reports and those of each of its subsidiaries and affiliated corporations and other entities if any, performing services under this Agreement, as the City, following consulta- tion with Buntec, may request. 2. Prior Year's Activities. A cumulative Summary of the Quarterly Reports and information and statistics with respect to City's compliance with AB 939. 3. Recommendations. Changes in integrated waste management, including pro- jections and proposed implementation dates and costs, recommended by Buntec and recommended amendments to the City's Source Reduction and Recycling Component or this Agreement, based on developments in appli- cable law or technology. Buntec's recommendations with respect to compli- ance with AB 939 shall state the specific requirement of AB 939 that the im- plementation of the recommendation is intended to satisfy. C. Reporting Additional Matters, Buntec shall provide City two copies (one to the . City Manager, one to the City Attorney) of all correspondence, reports, pleadings, applications, notifications, Notices of Violation, communications or other material relating specifically to Buntec's performance of services pursuant to this Agreement, submitted by Buntec to, or re- ceived by Butrtec from, the United States or California Environmental Protection- Agency, the California Integrated Waste Management Board, or its successor agency, the California Air Re= sources Board, the South Coast Air Quality Management District, any California Regional Wa- ter Quality Control Board, the California Department of Toxic Substances Control, or its suc- cessor, the Fair Political Practices Commission, the cognizant Local Enforcement Agency, or its successor, the Securities and Exchange Commission or any other federal, state or county agency, including any federal or state court, Copies shall be submitted to City simultaneously with Buirtec's filing or submission of such matters with said agencies. Buntec's routine corre- i8 ` PS -05-06-09 U Tomliorary Bin and Roll -Off Box Solid wnste d.greament Batween the City oPSanta Clsrlta and Burrtec waste nidustrles, jne, spondence. to said agencies need not be routinely submitted to City, but shall be made available to City upon written request. A Submission of Reports. Reports shall be submitted to: City Manager City of Santa Claiita 23920 Valencia Blvd., Suite 300 Santa Claita, California 91355 E. Failure to Report. The refusal or failure of Bunter to file any required reports, or to provide required information to City, or the inclusion of any materially false or misleading statement or representation by Burrtec in such report shall be deemed a material breach of the Agreement and shall subject Burrtec to all remedies which are available to the City under the Agreement; provided, that the City must follow the dispute resolution provisions of this Agreement before declaring any material breach. Y Costs. All reports and records required under this Agreement shall be furnished at the sole expense of Burrtec. G. City's Right to Request Information. The City believes and Burrtec agrees that cooperation between City and Bunter is critical to the success of this program. City reserves the right to request, and Burrtec agrees to provide; additional information reasonably and di- rectly pertaining to this Agreement on an "as -needed" basis. H. CLRCLA Defense Records. City views the ability to defend against CERCLA and related litigation as a matter of great importance. For this reason, tie City regards the ability to prove where solid waste attributed to sources within the City was taken, as well as where it was not taken, to be matters of concern. Burrtec shall maintain data retention and preservation sys' toms, which can establish where solid waste collected in the City pursuant to this Agreement was landfilled (and therefore establish where it was not landfilled) and a copy or summary of the reports required by Section 9.C, above, for fifty years after the term during which collection services are to be provided pursuant to this Agreement and to notify City's Risk Manager and City Attorney before destroying such records. This provision shallsurvive the expiration of the .__�.�_,-.___. -._.period-during whiz;hronll�ctzoo-szrvioes-atet6be-proyi'dezl under this-Agreemen't—.--.'--�---'.__._.__.._.._ Section 17. Indemnification and Insurance A. Indemnification. Burrtec, upon demand of the City, made by and through the City Attorney, shall protect City and appear in and defend the City and its elected officials, officers, employees and agents, in any claims or actions by third parties, whether judicial, administrative Oor otherwise, including, but not limited to disputes and litigation over the definitions of "solid waste" or "Recyclable Material" or the limits of City's authority with respect to the grant of 19 PS -05-06-09 i Temporary Bin and Rall-Ort'r3az Solid Waste Agreement Bet1Veen the City Of Santa clarita and Bun4ac W ante Industries, Inc. Licenses, or agreements, exclusive or otherwise, asserting rights under the dormant Commerce Clause or any other federal or state law, including, but not limited to the anti-trust laws, and continuation rights, with respect to the provision of Solid Waste services in the City pursuant to this Agreement. This provision shall survive the expiration of the period during which collec- tion services are to be provided under this Agreement, City and Burrtec agree to confer follow- ing any trial to decide jointly whether to appeal or to oppose any appeal. In the event City and Bun-tec agree to appeal, or to oppose any appeal, City and Burrtec agree to share equally the costs of appeals. Should either City or Buntec decide to appeal, or to oppose an appeal, and the other decide not to appeal, or to oppose an appeal, the party which decides to appeal, or to op- pose an appeal, shall bear all fees and costs of the appeal or the opposition to the appeal. B. Environmental Indemnification and Compliance. Burrtec shall indemnify, de- fend, protect and hold harmless City, its elected officials, officers, employees, volunteers, agents, assigns and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural re- sources damages, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceed- ings, interest, fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the forego- ing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or as- serted against, City or its elected officials, officers, employees, volunteers or agents arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Waste in any Solid Waste collected by Burrtec pursuant to this Agreement, which is or has been transported, transferred, processed, stored, disposed of or which has otherwise come to be located by Buntec, or its activities pur- suant to this Agreement result in a release of a Hazardous Waste into the environment. Burrtec further agrees to indemnify, defend, protect and hold harmless City, its elected officials, officers, employees, volunteers, agents, assigns and any successor or successors to City's interest from and against all losses, liabilities, claims, actual damages (including but not limited to special and consequential damages), demands, debts, liens, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with de- fending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its elected officials, officers, employ- ees, volunteers or agents arising from or attributable to any failure by BMTtBc to fully comply with all applicable laws and regulations with respect to the operation of its collection vehicles, including, but not limited to applicable rules governing clean -burning and altemative fuel vehi- cles, 20 PS -05-06-09 O •O Temporary Dill and Roll -Of Box Mid Waste Agreement Between ale City of Santa Clarita and Burrtec Waste Industries, Inc. C� C. Effect of Environmental Indemnification. This indemnity is intended to operate as an agreement pursuant to § 107(e) of the Comprehensive Environmental Response, Com- pensadon.and Liability Act, "CERCLA," 42 U.S.C. § 9607(e), and California Health and Safety Code § 25364, to defend, protect, hold harmless and indemnify City from all forms of liability under CBRCLA, RCRA, other statutes or common law for any and all matters ad- dressed in Section 17.8. This provision shall survive the expiration of the period during which collection services are to be provided under this Temporary Bin and Roll -Off Agreement. D. Compliance with Laws. Buirtec warrants that it will comply with all applicable laws and implementing regulations, as they may be amended, specifically including, but not limited to RCRA, CERCLA, AB 939, the California Electronic Waste Recycling Act of 2003, as amended (SB20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher, Chapter 863, Statutes of 2004) and all other, applicable laws and regulations of the U.S. Environmental Protection Agency, the State of California, the County of Los Angeles, the California Air Resources Board, the South Coast Air Quality Management District, the California Integrated, Waste Management Board, the California Department of Toxic Substances Control, ordinances of the City and the requirements of Local Enforcement Ageneses and all other agencies with jurisdic- tion. O E. Diversion Performance Levels; Indemnification. Buntec agrees to meet the di- version levels set forth in its proposal for the waste stream covered by this Agreement. Burrtec agrees that failure to achieve that diversion level or other applicable diversion requirements of the California Integrated Waste Managemeni Board, ("CI7V1YM"), or its successor agency, shall be a material breach of this Agreement. In the event of a determination by the CIWMB or City that City has failed or will fail to meets its diversion goal performance level, Buntec shall have an opportunity to cure the material breach. See also §§ 154 above, and 20.E.7 and 22.C, be- low. F. Workers' Compensation Insurance, E1irrtm shall obtain and maintain in full force and effect throughout the entire team of this Agreement full- workers' compensation insurance in accord with the provisions and requirements of the Labor Code of the State of California. Copies of policies and endorsements that implement the required coverage shall be filed and „-__._„__,_,,, _•,_,,rr urained ydjth the City Clerk throughout the term of this _Agreement_The�olicy_providing_ coverage shall be, amended to provide that the insurance shall not be suspended, voided, can- celed, reduced in coverage or in limits except after thirty days' prior written notice by certified ' mail, return receipt requested, has been given to City. The policy shall also be amended to waive all rights of subrogation against the City, its elected or appointed officials, employees, or agents for losses which arise from work performed by the named insured for the City. Liability and 'Vehicle Insurance. Burrtec shall obtain and maintain in full force and 21 PS -05-06-09 Tempornry Blu and Roll -Off Box Sogd Waste Agreement BotNvam the City of Santa Clarlta and Burrlec Waste Industries, Inc. effect throughout the entire term of this Agreement a Broad Form Comprehensive General Li- ability (occurrence) policy (form CG 0001) and a Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, Code I (any auto) policy with minimum limits of TWO MILLION DOLLARS ($2,000,000.00) aggregate and ONE MILLION DOLLARS ($1,000,000.00) per occurrence, per year. Said insurance shall protect Burrtec and City from any claims for damages for bodily injury, including accidental death, as well as from any claims for property damage which may arise from this Agreement. Copies of the policies and endorsements evidencing the above required insurance coverage shall be filed with the City Cleric. The following language is required to be made a part of all of the insurance policies re- quired by this Section: "The City of Santa Clarita, its employees, agents, franchisees and officers, are hereby added as insureds as respects to liability arising out of activities performed by or on behalf of Burrtec "This policy shall be considered primary insurance as respects any other valid and collectible insurance the City may possess including any self-insured retention the City may have and any other insurance the City does possess shall be considered excess insurance and shall not contribute with it" "This policy shall act for each insured, as though a separate policy had been writ- ten for each. This, however, will not act to increase the limit of liability of the in- suring company." "Thirty days' prior written notice by certified mail, return receipt requested, shall be given to the City in the event of suspension, cancellation, reduction in cover- age or in limits or non -renewal of this policy for whatever reason. Such notice shall be sent to the City Manager, City Attorney and City Cleric." The insurance required by this Agreement shall be with insurers which are Best A; VII -rated and which are California -admitted. The limits of such insurance coverage, and companies, shall be subject to review and approval by the City's Risk Manager every year and may be increased at that time and match the coverage provided by the City's own liability insurance policy. The City shall, be included as_.a named insured on each. of the,policies. The.insurance_ required by this Agreement is in addition to and not in lieu or limitation of the indemnification provisions in Section 17.A,173 and 17.C; above. H. :Evidence of Insurance Coverage; Insurance Repository. Contemporaneously with the execution of this Agreement, Burrtec shall file copies of the policies or executed en- dorsements evidencing the above required insurance coverage with the City Cleric. In addition, City shall have the right of inspection of all insurance policies required by this Agreement. 22 ` PS -05.08-09 0 n Tamparary Bin and Roll -Off Bys Solid Waste Agremnent Between the City of Santa Chrita and Burrtec Waste Industries, Inc. Buirtec also agrees to establish an insurance policy repository and to maintain copies of insurance policies required pursuant to this Agreement for one hundred years (100 years) after the and of the term during which collection services were provided pursuant to this Agreement. Burrtec shall notify City's Risk Manager and City Attorney before destroying copies of such policies, This provision shall survive the expiration of the period during which collection ser- vices are to be provided under this Agreement. 1. Self -Insurance. To the extent provided by law, all or any part of any required insur- ance may be provided under a plan of self-insurance approved by the State of California. J. Reduction of CERCLA and Other Liability. City and Burrtec agree to meet an-. nually in the fourth calendar quarter of each year to discuss ways to reduce potential CERCLA and other liabilities to third parties. Section 18. Cash Bonds. Concurrent with the execution of this Agreement, Buntec shall deposit with City a cash deposit, or an irrevocable lettei of credit or other such document (the "Cash Bond"), from an institution satisfactory to City, in a form satisfactory to City's Risk Manager and City Attorney, evidencing an irrevocable commitment to City, in the amount of TWENTY THOUSAND ODOLLARS ($20,000.00), guaranteeing Burrtec's faithful performance of the terms of this Agreement. Such Cash Bond shall be maintained in affect throughout the period during which collection services are to be provided pursuant to this Agreement. A. Upon Buntec's failure to pay the City an amount owing under t1v.s Agreement, the Cash Bond may be assessed by the City, for purposes including, but not limited to: 1.Failure of Burrtec to pay the City sums due under the terms of the Agree- ment; 2. Reimbursement of costs borne by the City to correct Agreement violations not corrected by Burrtec, after due notice; --•-•--'--3--Monetary-remedies-•or•-damages-assessed-against Bwriec--due- to -breach-of--•---- this Agreement; or 4. To satisfy an order of the, referee B. Buirtec.shall deposit a sum of money or a replacement instrument sufficient to re- store the Cash Bond to the original amount within thirty days after notice from the City that any Oamount has been withdrawn from the Cash Bond. W] PS -05-06-09 Temporary Bin and nolborf Box Solid Waste Agreement Benvoto the City of Santa Marini and Burrtac W nste Industrios, Inc. C. All of City's costs of collection and enforcement of the provisions relating to the Cash Bond called for by this Section, including City's attorneys' fees and costs, shall be paid by Burrtec Section 19. Emergency Service A. Should Buirtec, for any reason whatsoever, except the occurrence or existence of any of the events or conditions set forth in Section 24.A, "Force Afajeure," below, refuse or be. unable for a period of more than forty-eight (48) hours, to collect a material portion or all of the Temporary Bin and/or Roll -Off Solid Waste, or both, which it is obligated under this Agree- ment to collect, and as a result, Temporary Bin and Roll -Off Solid Waste should accumulate in City to such an extent, in such a manner, or for such a time that the City Manager, in the exer- cise of the City Manager's sole discretion, should find that such accumulation endangers or menaces the public health, safety or welfare, then City shall have the right to contract with an- other solid waste enterprise to collect and transport any or all Temporary Bin and Roll -Off Solid Waste which Burrtec is obligated to collect and transport pursuant to this Agreement. City shall provide twenty-four (24) hours prior written notice to Burrtec during the period of such emergency, before contracting with another solid waste enterprise to collect and transport any or all Temporary Bin and Roll -Off Solid Waste which Burrtec would otherwise collect and transport pursuant to this Agreement, for the duration of period during which Burrtec is unable to provide such services. In such event Burrtec shall identify sources from which such substi- tute solid waste services are immediately available, and shall reimburse City for all of its ex- penses for such substitute services during period in which Burrtec is unable to provide collec- tion and transportation services required by this Agreement, See also § 24.A, below. B. Burrtec shall assist City in the event of terrorist attack or major disaster, such as an earthquake, stonn, riot or civil disturbance, by providing collection vehicles and drivers nor- mally assigned to the City, at Buritec's actual costs. Disputes with respect to Buntec's emer- gency seivices or the costs of those services shall be resolved according to the dispute resolu- tion provisions of Sections 20 and 21 of this Agreement. Burrtec shall cooperate with City, county, state and federal officials in filing information related to a regional, state or federally - declared state of emergency or disaster or terrorist attack as to which Burrtec has provided equipment and drivers pursuant to this Temporary Bin and Roll -Off Agreement. Section 20. Administrative Remedies; Imposition of Damages; Vermination A. Notice; Response; Resolution; Appeal, 1. Notice of Deficiencies; Response. If City's Environmental Services Division Manager, or the Manager's designee (collectively, the "Manager") deter- mines that Burrtec's performance pursuant to this Agreement may not be in 24 PS -05-06-09 O 0. Tomnorary Bin and Roti -Off Bos Sohd Waste Agreement Belvvaon. the City of Santa Clarlta and Burrtee Waste Industries, Hu. conformity with the provisions of this Agreement, the California Integrated Waste Management Act (including, but not limited to, requirements for di- version, source reduction and recycling as to the waste stream subject to this Agreement) or any other applicable federal, state or local law or regulation, including but not limited to, the laws governing transfer, storage or disposal of solid and Hazardous Waste, the Manager may advise Burrtec in writing of such suspected deficiencies, specifying the deficiency in reasonable detail. The Manager, in any written Notification of Deficiencies, shall set a reason- able time within which Burrtee is to respond. Unless the circumstances ne- cessitate correction and response within a shorter period of time, Burrtee shall correct any deficiencies it agrees have occurred and in any event shall respond to the written Notification of Deficiencies within thirty days from the receipt by Burrtee of such written notice. Buntec may request additional time to correct deficiencies. City shall approve reasonable requests for addi- tional time. 25 PS -05-05-09 Tumporary Bin and RWI.Olf Box Solid Waste Agroument nehrwn thu City at Santa clarlto and Burne Waste lndusirles, Inc. 2. Review by Manager: Notice of Anneal. a) The Manager shall review any written response from Burrtec and de- cide the matter. If the Manager's decision is adverse to Burrtec, the Manager may order remedial actions to cure any deficiencies, assess the Cash Bond or involve any other remedy in accordance with this Agreement and, in the event the Manager determines that there has been a material breach and that termination is the appropriate rem- edy, terminate the Agreement. The Manager shall promptly inform Burrtec of the Manager's decision. In the event the decision is ad- verse to Burrtec, the Manager shall inform Burrtec, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the Manager's decision and any remedial action taken or ordered. An adverse decision by the Manager shall be final and conclusive unless Burrtec files a "Notice of Appeal" with the City Clerk (with copies to the City Manager and City Attorney) within 30 days of receipt of the notification of the ad- verse decision by the Manager. b) In any "Notice of Appeal" Burrtec shall state its factual contentions and include all relevant affidavits, documents, photographs and videotapes which Buntec desires to have considered by City. In addi- tion, Burrtec shall include all of its legal contentions, citing provi- sions of the Agreement or other laws to support its contentions. 3. Review by City Manager; Agpeal. a) Within thirty days of receipt by the City Cleric of a Notice of Appeal, the City Manager shall decide the matter. If the City Manager's deci- sion is adverse to Burrtec, the City Manager may order remedial ac- tions to cure any deficiencies, assess the Cash Bond or invoice any other remedy in accordance with this Agreement and, in the event the City Manager determines that there has been a material breach and that termination is the appropriate remedy, temuriatethe Agreement. In addition to the foregoing actions, the City Manager may refer the matter to the City Council for proceedings in accordance with Sec- tion 20.8 and 20.C, below, or refer the matter directly to a referee for proceedings in accordance with Section 21, below. The City Man- ager shall promptly inform Burrtec of the City Manager's decision. In the event the City Manager's decision is adverse to Burrtec, the City Manager shall inform Burrtec, in writing, of the specific facts 26 PS -05.06.09 � o Tesnporary Bin and Roll -Off Box solid waste Agreement Between the City of Santa Ciarita and Burrtne waste Industries, Inc. n found and evidence relied on, and the legal basis in provisions of the f Agreement or other laws for- the City Manager's decision and any remedial action taken or ordered b) An adverse decision by the City Manager shall be final and conclu- sive unless Burrtec files a "Notice of Appeal to the City Council with the City Clerk (and serves a copy, by mail, on the City -Manager and the City Attorney) within 10 calendar days of receipt of the deci- sion of the. City Manager. A "Notice of Appeal to the City Council" shall state the factual basis, the evidence relied on and all legal con- tentions which Burrtec may choose to submit. No new evidence not previously submitted in accordance with Section 20.A.l.b) may be submitted, 13. City Council Bearing. If a matter is referred by the City Manager to the City Council, or air adverse decision of the City Manager is appealed to the City Council by Burrtec; the City Council will set the matter for an administrative hearing and act on the matter, or refer the matter to a referee as provided in Section 21, below. If the City Council elects to hear the matter, the City Clerk shall give Burrtec fourteen (14) days written notice of the time and place U of the administrative hearing. At the hearing, the City Council shall consider the administrative record, consisting of the following: 1. A Staff Report by the City Manager, summarizing the proceedings to date' and outlining the City Council's options; 2. The Manager's written Notification of Deficiencies; 3, Buirtec's response to the Notifidation of Deficiencies; 4. The Manager's written notification to Burrtec of adverse decision; 5. Biurtec's Notice of Appeal to the City Manager; G. The City Manager's written not ficafion to Burrtec of adverse decision; and 7. Buirtec's Notice of Appeal to the City Council. No new legal issues may be raised, nor may new evidence be submitted by Burrtec at this or at .any further point in the proceedings, absent a showing of good cause: B airtec's representatives and other interested persons shall have, a reasonable oppoitunity to be heard. 27 PS -05-06-09 Temporary Biu and Roll -Off Box Solid Waste Agreement Betmemt the City of Santa Clarity and Burrtec Waste Industries, Inc. C. City Council Determination. Based on the administrative record, the Council shall determine by resolution whether the decision or order of the City Manager should be upheld. A tie vote of the City Council shall be regarded as upholding the decision of The City Manager. If, based upon the administrative record, the City Council determines that Burnet; is in breach of any term of this Agreement or any provision of any applicable federal, state or local statute or regulation, the City Council, in the exercise of its discretion, may order Burrtec to take reme- dial actions to cure the breach or impose any other remedy in accordance with this Agreement. The City Council may not terminate the Agreement unless it determines that Burrtec is in mate- rial breach of a material term of this Agreement or any material provision of any applicable federal, state or local statute or regulation. Burrtec's performance under the Agreement is not excused during the period of time prior to a final deterrllination as to whether- or not Burrtec's performance is in material breach of this Agreement, or the time set by City for Buntec to dis- continue a portion or all of its services pursuant to this Agreement. The decision or order of the City Council shall be final and conclusive unless Buntec files a "Notice of Appeal to Referee" with the City Cleric (and serves copies, by mail, on the City Manager and the City Attorney) within 10 business days of receipt of the decision or order of the City Council. With the excep- tion of draws on the Cash Bond, the execution of City's remedies shall be stayed until Burrtec has exhausted its appeals under Sections 20 and 21 of this Agreement. D. Notice of Appeal to Referee. Except as otherwise provided in this Agreement, Bartec may appeal any decision, order or action by the City Council or City Manager under this Section 20, as provided in Section 21, below, by filing a Notice of Appeal to Referee with the City Clerk within ten business days of receipt of the decision by the City Manager or City Council and following the procedures set forth in Section 21, below. A decision of the City Manager to refer a matter directly to a referee without first referring it to the City Council, may not be appealed. E. Reservation of Rights by City. City further reserves the right to terminate this Agreement in the event of any material breach of this Agreement, including, but not limited to any of the following: 1. If Burrtec practices, or attempts to practice, any fraud or deceit upon the City, or practiced any fraud or deceit or made any intentional misrepresenta- tions in its proposal or the negotiations which preceded the execution of this Agreement; 2. If Buntec becomes insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor of Burrtec in a banlauptcy proceeding; 28 PS -05-06-09 Ta»iporary Bk and Roll -Off Box solid waste Agreement Bativean the City of Santa Clnrita and Burrtee Wasta Industries, rue. 03. If Burrtec fails to provide or maintain in full force,'effect and amount, the workers compensation, liability and indemnification coverage and Cash Bonds required by this Agreement; 4. If Burrtec violates any orders or rulings of any regulatory body having juris- diction over Burrtec relative to this Agreement, in any material manner, pro- vided that Burrtec may contest any such orders or rulings by appropriate proceedings, conducted in good faith, in which case ho breach of this Agreement shall be deemed to have occurred until a final decision adverse to Burrtec. is entered; 5. If Burrtec ceases to provide collection service as required under this Agree- ment d Be- ment over a substantial portion (more than 10% of any route) of the Com- mercial area of the City of Santa Clarita for a period of two (2) calendar days or more, for any reason within the control of Burrtec; . 6. If Burrtec fails to make any payments required under this Agreement or re- fuses to provide City with required information, reports or test results as to a material matter in a timely manner as provided in this Agreement; O7. If Burrtec fails to achieve the diversion goals set forth in Buritec's proposal. In the event that the California Integrated Waste Management Board, or its successor agency, or City determines that Burrtec has failed to meet the di- version goals set forth in its proposal, Burrtec shall have an opportunity to cure this material breach, within time allotted by the CIW B, its successor agency, or City, as appropriate. See also Sections 15.A and 173, above, and Section 22.C, below. 8 Any other act or omission by Burrtec which materially violates the terms, conditions or requirements of this Agreement and which is not corrected or remedied witlin the time set forth in the written Notification of Deficiencies or if Burrtec cannot reasonably correct or remedy the breach within the time set forth in such notice, if Burrtec should fail to commence to correct or diligently effect such correction or remedy thereafter. F1 Cumulative Rights. City's rights of termination are in addition to any other rights of City upon a failure of Burrtec to perform its obligations under this Agreement. 29' PS -05-06-09 Tempmnry Din and Roll -Off Box solid Waste Agreemmnt Between the City of Santa Clarita and Burrlee Waste ladustrles; Dm Section 21. Referral to Referee; Hearing Procedures Either party to this Agreement at any time after exhaustion of administrative remedies, and following the appeal procedure set forth in Section 20, if applicable, may refer a disputed matter for resolution under this Section 21 in the following manner. A. Applicability. If either the City Manager or the City Council refers a matter to a referee, or BurrtBc appeals or refers a matter to a referee, the provisions of this Section shall apply in order to obtain prompt and expeditious resolution of any and all disputes arising out of this Agreement. B. Reference of Dispute. Any dispute seeking damages and any dispute seeking equi- table relief, such as but not Iimited to specific enforcement of any provision hereof, shall be heard and determined by a referee pursuant to California Code of Civil Procedure §§ 639- 645.1. The venue of any proceeding hereunder shall be in Los Angeles County, California. 1. Procedure for Appointment. The party seeking to resolve the dispute shall file in court and serve on the other party a complaint describing the matters in dispute. Service of the complaint shall be as prescribed by law. Within not more than fifteen business days after the date of service, the parties shall ap- ply to the Judicial Arbitration and Mediation Service ("JAMS") of Los An- geles County to nominate a minimum of five prospective referees. If the par- ties are unable to approve a referee from the JAMS panel within ten business days after written request to do so by any party, then the parties, starting with Burrtec, shall alternate in striking one prospective referee at a time until only one referee remains. 2. Ex Parte Communications Prohibited. Neither party may communicate separately with the referee after the referee has been selected All subsequent communications between a party and a referee shall be delivered simultane- ously to the other party. This provision shall not apply to communications made to schedule a hearing or request a continuance, or to confidential me- diation or settlement briefs when submission of such is agreed to by the par-. ties and the referee. 3. Cooperation, The parties shall cooperate diligently with one another and the referee and shall perform such acts as may be necessary to obtain a prompt and expeditious resolution of the dispute. If either party refuses to cooperate diligently, and the other party, after first giving notice of its intent to rely on the provisions of this Section 21, incurs additional expenses or attorneys' fees solely as a result of such failure to diligently cooperate, or incurs ex - 30 PS -05-05-09 O Tetnparary Binand Roll -Off Box Solid Wnste Agreammt Between the City or Smite Clnrita and Burrtea waste Industries, Ing penes or attorneys fees and costs as a result of the other party's violation of Code of Civil Procedure § 128.5, the referee may award such additional ex- penses and attorneys' fee to the party giving such notice, even if such party is not the prevailing party in the dispute. 4, Discovery, The referee shall set a discovery schedule and sliall schedule the matter for hearing within 60 days of filing, unless City and Buntec agree other -wise, or unless the referee shall determine otherwise. Any party to the hearing may issue a request to compel reasonable document production from the other party, subject to the limitations of Section 20, limiting evidellm to the administrative record. Disputes concerning the scope of document pro- duction and enforcement of document requests shall be subject to agreement by the parties, or if agreement is not reached within twenty (20) days of a document request, then by disposition by order of the referee. Any document request shall be subject to the proprietary rights and rights of privilege of the parties, and the referee shall adopt procedures to protect such rights. Except as may be agreed by the parties, or otdered by' the referee, no other form of discovery shall be available to the parties. O 5. Standards for Decision. The provisions of California Code of Civil Proce- duce, §§ 640, 641, 642, 643, 644 and 645 shall be applicable to dispute reso- lution by a referee hereunder. In an effort to clarify and amplify the prcvi- sions of California Code of Civil Procedure, §§ 644 and 645, the parties agree that the referee shall decide issues of fact and law submitted by the parties for decision in the same manner as required for a trial by court as set forth in California Code of Civil Procedure, §§ 631.8 and 632, and Califor- nia Rules of Court, Rule 232. The referee shall try and decide the dispute ac- cording to all of. the substantive and procedural law of the state of California, unless the parties stipulate to the contrary. 6. Evidence and Findings. The referee shall consider the administrative record, including the Notice of Deficiencies, BurTtec's response to the Notice of De.- ficiencies, the decision of the Manager, the Notice of Appeal, the decision of -tie-City-Manager, thzrNotice of A-ppeal-to-the-CityCnunnil; and the decisitin— of the City Council, in addition to other relevant evidence. Before issuing findings, the Referee shall submit a proposed ruling, setting forth proposed findings of fact and conclusions of law, to counsel for the Parties, for com- ment. When the referee has decided the dispute, the referee shall also cause the preparation of a judgment based -on said decision. 31 PS -05-06-09 Temporary Bin and Roll -Off Box solid Waste Agreement Between the City of Santa Clarity and Barrlec waste Industries, Inc. Remedial Authority. A referee to whom a matter is refereed shall have the authority to (i) order either party to undertake remedial action to cure the breach and to prevent occurrence of similar breaches in the future; (ii) assess damages and/or levy a penalty consistent with the terms of this Agreement or (iii) find there has been no breach. 8. Stay Pending Entry of Final Judgment. Except as provided in Section 20.0 with respect to draws on a Cash Bond, until final judgment is entered from the referee proceeding under the foregoing provisions and the time for ap- pea] or other post judgment petition has expired, the imposition or enforce- ment of any penalties or sanctions provided in this Agreement and related to the subject matter of the heating shall be stayed., The referee may modify or cancel any proposed penalties or sanctions upon a finding that the party sub- ject thereto acted with substantial justification, or if the interests of justice so require. 9. Allocation of Referee's Costs. The referee's costs for the proceeding shall be apportioned by the referee. The costs of the proceeding shall be borne equally by the patties to the dispute initially, but the prevailing party in such proceeding shall be. entitled to recover reasonable costs of the referee as ap- portioned by the referee. If either party refuses to pay its share of the costs of the proceeding, at the tim(s) required, the other party may do so, in which event that patty will be entitled to recover (or offset) the amount advanced, with interest at the maximum rate permitted by law, even if that party is not the prevailing patty. The referee shall include such costs in the judgment or award. C. Decision. The decision of the referee may be excepted to in accordance with Code of Civil Procedure § 645, Section 22. City's Additional Remedies In addition to the City's other remedies, City shall have the following rights: A. Contracts with Others. The tight to contract with others to perform the services otherwise to be performed by Bur'tec, in the event Burrtec should be in material breach of its duties to provide those services, or is otherwise unable to provide the services addressed by this Agreement. Be Damages and/or Injunctive Relief. The right to obtain damages and/or injunctive relief. Both parties recognize and agree that in the event of.a breach under the terms of this . 32 P5-05-06-09 Temporary 3111 and Roll -Off Box Solid waste Agreement Between the City of Santa Clarita and Burrtec Waste Industries, Ane. OAgreement by Burrtec, City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief to enforce the provisions of this Agreement and to enjoin the breach. See also § 223, below. C. City's Damages for Failure to Achieve Diversion Goals. Buntec agrees that its failure to achieve the diversion goals set forth in its proposal for the waste stream collected un- der this Agreement, arising from failure to make reasonable efforts to maximize diversion in accordance with the terns and conditions.of this Agreement, or its breach of the requirements of §§ 15.A and 17.E, above, related to waste diversion, shall be a material breach of this Agreement. See also § 20.3.7, above. if the California Integrated Waste Management Board, or its successor agency, were to impose administrative civil penalties against City, then the City's damages for Burtec's material breach in its failure to achieve the diversion goals for the City as required by this Agreement, shall include, but not be limited to such administrative civil penalties, attorneys' costs and fees and City's staff time devoted to the resolution of the admin- istrative civil penalties against City. D. Rights of City in Event of Certain Misconduct. Notwithstanding any other provi- sion in this Agreement to the contrary, the City Shall have the right to terminate this Agreement if any official of Burrtec, or any associated firm or entity, including but not limited to, any par- O tint or subsidiary company involved with the performance or administration of the Agreement is convicted of, or pleads guilty, no contest or holo contendere to a felony relating to this Agreement or any other agreement for the provision of solid waste services in another City. E. Liquidated Damages. The parties agree that the failure of Brurtec to comply with the requirements of Sections 7.E, F and G, regarding, respectively, Graffiti, "Hazardous Waste Prohibited" Marldngs and Bin Marldngs, have the potential to cause great damage to the City, which damages would be difficult to calculate, For that reason, the Parties agree that if, follow- ing 24 hours notice identifying the Bin or Bins by address or Bin number (required by Section 7.G, above), Burrtec, is in violation of any requirement of Section 7 E, F or G; above, Burrtee will .pay to city $500.00 per Bin, for each day or any part of a day, (excluding Sundays and holidays), in which a Bin was out of compliance with any requirement of Section 7 E, F or G. ._- _............. .... _..._.....__SgrtLOlt..Z3.........__.._li}r'anr1113C R'.?7allsfPrj_Clt,y._ConSentj_Fees_......... ...,..._,_....,.....,..........___..-..._,..._......-..,_. _. A. Burrtec may not convey, assign, sublet, license, hypothecate, encumber of otherwise transfer or dispose of (collectively "Transfer"), this Agreement, the Franchise granted under it or any rights or duties under it, in whole or in part, whether voluntarily or involuntarily, with- out the City's prior written consent as expressed by written resolution of the City Council. Any dissolution, merger, consolidation, or other reorganization of Burrtec, except as provided in Sub -Section 23.C, below, any sale or other transfer or change in ownership or control of any of 33 PS -05-06-09 Temporary Bin and Roll -Off Box solid Waste Agreement Between the City of Santa Clarlia and Burrtee Waste Industries, Inc. the capital stock or other capital or equity interests, or any sale or transfer of fifty percent (50%) or more of the value of the assets shall be deemed a Transfer of this Agreement, the Franchise granted under it or any rights or duties under it. Any Transfer or attempted Transfer of this Agreement, the Franchise granted under it or any rights or duties under it made without the City's consent will be a material breach of this Agreement and, at the City's option, may be voided. I The City has no obligation to give its consent to a Transfer of the Franchise granted by this Agreement. The prospective transferee shall have the burden of demonstrating that it has the financial and technical ability to provide the services required under this Agreement. The City may also require the prospective transferee to demon=ate that it, and its officers and managers do not have criminal records for environmental or public integrity offenses. If the City gives its consent, it may impose conditions, including, without limitation, requiring accep- tance of amendments to this Agreement. Without obligating the City to give its consent, the proposed transferee must demonstrate to the City's satisfaction that it has the operational and financial ability to perform the terms of this Agreement. C. Buntec's internal reorganization shall not constitute a Transfer provided that City consent to the reorganization is sought and received prior to any internal reorganization. An internal reorganization includes any change in control of any of the voting stock through its conveyance to an affiliate of Buntec, or by operation of law. Any request for an internal nor- ganization must be submitted in writing to the City Manager, no less than one hundred and twenty days prior to the proposed effective date of the internal reorganization. Buirtec shall re- imburse City for all of its costs to review the request and to determine if it is an internal reor- ganization. City's expenses may include, but are not limited to, Staff, City Attorney's and Spe- cial Counsel's fees and costs and Accountants' fees and costs. Determination by the City Man- ager shall be final and conclusive. Any attempt to implement an internal reorganization without the consent of City shall constitute a material breach of this Agreement. D. Fees. Any application for a Franchise Transfer shall be made in a manner prescribed by the City Manager. The application shall include a deposit of $50,000 to cover the estimated cost of all direct and'indirect expenses, including City staff, consultants' and attorneys' fees, incurred by City to adequately analyze the application and the qualifications of the prospect ve transferee. Any costs incurred by the Cityin excess of $50,000 shall be reimbursed by the Buntec prior to submission of the proposed Transfer to the City Council. In the event that the City's costs are less than $50,000, City shall refund the remaining deposit to Burrtec If Transfer is approved, upon approval, the transferee shall pay to City a Transfer fee in the amount of $50,000 or five percent (596) of Gross Revenues for the first twelve months, whichever is greater. 34 PS -05-06-09 0 0 Tunporary Bin and Roll-Off Box Solid Waste Agreement Behveett the City of Santa Clarita and Burrtee Waste Industries, Inc. , CJ Section 24. General Provisions A, Force Majeure. Burrtec shall not be in default under this Agreement in the event that the collection, transportation and/or disposal services of Burrtec are interrupted temporarily or permanently for any of the following reasons: riots; war or national emergency declared by the President or Congress and affecting the City of Santa Clarita; acts of terrorists, sabotage; civil disturbance; insurrection; explosion; natural disasters such as floods, earthquakes, land- slides and fires; or other catastrophic events which are beyond the reasonable control of Burrtec "Other catastrophic events" does not include the financial inability of Buntec to perform or failure of Burrtec to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public agency where such failure occurs despite the exer- cise of reasonable diligence by BuntBc In the event a labor disturbance interrupts collection and transportation of Temporary Bin and Roll-Off Solid Waste and/or disposal of Temporary Bin and Roll-Off Solid Waste by Burrtec as required under this Agreement, City may elect to exer- cise its rights under. Section 19 of this Agreement. Failure by City to exercise its rights under this Section 24.A shall not be deembd a waiver of its rights under Section 20.E.5, above. B. Independent Status, Burrtec is an independent entity and not an officef, agent, ser- vant or employee of City. Burrtec is solely responsible for the acts and omissions of its officers, O agents, employees, contractors and subcontractors, if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture between City and Burrtec nor an arrange- ment for the disposal of Hazardous Wastes. Neither Buntec nor its officers, employees, agents or subcontractors shall obtain any rights to retirement or other benefits which accrue to City employees. C. Pavement Damage. Normal.wear and tear on City streets resulting from general vehicular traffic excepted, Burrtec shall be responsible for damage to City's driving surfaces, whether or not paved, resulting' from the operation of Burrtec vehicles providing Temporary Bin and Roll -Off Solid Waste Services.within the City. Burrtec understands that the exercise of this Franchise may involve operation of its collection vehicles over private roads and streets. Disputes between Burrtec and its service recipients as to damage to private pavement are civil matters and complaints of damage will be referred to Burrtec' as matters within its sole respon- sibility and as a matter within the scope of Section ITA, 173, and 17.C, above. D. Property Damage. Any physical damage caused by the negligent or willful acts or omissions of employees of Buntec to City or private property shall be repaired or replaced by Burrtec, at Burrtec's sole expense., Except as provided in Sedtion 17, above, this Agreement does not purport to relieve, dimuzish, reduce, create or increase in any way, Buntec's civil li- ability to any third parties. 35 PS -05-06-09 Temporary Din and Rall -off Box Soad Waste Agremnent BOW= the City of Santa Clarlta and Bmrtec waste IndUSLrie6, Inco Law to Govern; Venue. The law of the State of California shall govern this Agreement without regard to any otherwise governing principles of conflicts or choice of laws. In the event of litigation in a U.S. District Court exclusive venue shall lie in the Central District of California. F. Fees and Gratuities. Buntec shall not permit any officer, agent or employee to re- quest, solicit, demand or accept, either directly or indirectly, any gratuity for the collection of Temporary Bin and Roll -Off Solid Waste otherwise required to be collected under this Agree- ment. G. Amendments. Except as otherwise provided in this Agreement, no other amend- ment of this Agreement shall be valid unless in writing duly executed by the parties. Purported oral amendments shall be void and of no force or effect. H. Notices, All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered or sent by telecopier or United States certified mail, postage prepaid, return receipt requested, and by email, addressed as follows: To City: City Manager City of Santa Clarita 23920 Valencia Blvd., Suite 300 Santa Clarita, California 91355 Copy to: Benjamin Luella Environmental Projects Development Coordinator City of Santa Clarita 23920 Valencia Blvd., Ste. 300 Santa Clarita, California 91355 And to: City Attorney City of Santa Clarita c/o Bulice, Williams & Sorensen, LLP 444 South Flower Street, Suite 2400 Los Angeles, California 90071-2953 With copies by email to BLUCHA@santa-clarita.com and cnewton@bwslaw.com To Burrtec Waste Industries, Inc. 9890 Cherry Avenue Fontana, California 92335 and by email to Debbie @burrtec.com, 36 PS -05-05-09 U Tmurorary Bin mid Roll -Off Box Solid Waste Agreement Between the City of Santa Clarito and Buntec Waste Industries, Inc. C� or to such other address as either party may from time to time designate by. notice to the other given in accordance with this Section. Notice shall be. deemed effective on the date personally served or sent by email or telecopier or, if mailed, three (3) business days from the date such notice is deposited in the United States mail. I. Savings Clause and Entirety. If any non -material provision of this Agreement for any reason shall be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. J. Incorporation by Reference. Exhibit A, the City's Source Reduction and Recy- cling Component, and Burrtec's Service Proposal, dated October 72 2005, and all supplements to that proposal are incorporated into this Agreement by this reference. I{. Joint Drafting. This Agreement shall be construed as having been drafted jointly by the parties to this Agreement. L. Transition to Next Solid Waste Enterprise. If in the final 12 months of the period during which Buntec is to provide collection services under this Agreement, Buntec and City Cl have not entered into a succeeding agreement, Buntec shall cooperate fully with City and all f prospective subsequent Solid waste enterprise(s), franchisee(s), licensee(s), permittee(s) or other Person seeking to provide services similar to the Services so as to assure an efficient, or - Lily, timely and effective transition. In that regard, Buntec agrees to make available to City and to prospective proposers in any competitive process used by the City to select a successor, route maps, customer lists, and all other records requested by City, IN WITNESS VMREOF, the parties have executed this Agreement as of the date first above written. CITY OF SANTA CLARITA f, 5. }!i'..', i5 A17FN9T: I haraniDayrsl�ri:• �(r( 6 City`Qede, qu APPR6VBID AS TO FORM: 37 PS•05-06-09 Temporary Bin and Roll -off Box Solid Waste Agreement City of Santo Clm'In, and Burrtec waste Industries, Inc, Carl K. Newton City AttRrney By // Z Buntec By: [CBO, President, Chairman of the Board or any Vice P nt] And by: Ile; any assistant secretary, CFO or any assistant treasurer] State of California, County of i,' -oar g ss. On t is � day of Z v 1�Yr , in the y ar 200_5, before me _ S "j�ersonaily appeared �� r and =C'C`' t c( personally Imown to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to this instrument and aclmowledged that he (she or they) executed it pursuant to a resolution of the Board of Directors of Buritec SIGNED �. DEBRA G. HANSEN Zi Commission 411379077 z .ar: Notary Public - California 0m San Bernardino County My COMM..ExpilesOct3,2006 _ 38 PS -05-08.09 o c� Temporary Din and Roll -Off Box 8olld waste Agroemmit BetnbGt the City or Santa Clarlta and Durrtec wasto Indu5lrioS, Inc. Exhibit A Guaranty This GUARANTY (the "Guaranty") is made as ofj)&,2�L c 2005, by Buritec Waste Industries, Inc„ i California corporation, ("Guarantor"), the address of which is 9890 Cherry Avenue, Fontana, California 92335, in favor of the City of Santa Clarita, a California municipal corporation (the "City"). 1. Recitals. This Guaranty is made with respect to the following facts and circumstances: (a) The City and Burrtec have entered into a Temporary Bin and Roll -Off Box Solid Waste Agreement, dated for reference purposes /Y , 200$,` (b) The City would not enter into the Agreement with Buntec unless the Guarantor agreed to guarantee the obligations of Buntec under the Ag eement as provided in this Guaranty, and the Guarantor, as a material inducement and consideration to the City to enter into the Agreement, is willing to execute and deliver this Guaranty and to agree to and be Obound by terms. 2. Guaranty. 2.1. Guaranty of Obligations. The Guarantor unconditionally, absolutely and irrevocably guarantees to the City to cause the full, prompt and complete payment and performance when due of all indebtedness and obligations of Buntec to the City under the Agreement, including, without limitation, all obligations of indernnity on the part of Buirtec under the Agreement. 2.2. Guaranty of Payment. The liability of the Guarantor on this Guaranty is a• guaranty of payment, and performance and not of collectibility, and is not conditional or contingent OA the genuineness, validity, regularity or enforceability of the Agreement or the ---• - ---•-- pursui�by-the C7ity of -any -remedies. that it -now -has or may.hereafter-have with -respect -to- the--- ---- Agreement. ' 2.3. Continuing Guaranty. This Guaranty is a continuing guaranty of the indebtedness and, obligations of Buntec under the Agreement, including any and all such OA PS -05-06-09 So 44828.1050.7776 A Temporary Bin and Roll•Off Box Solid Waste Agroomeat BeUvean the CSty of Santa aarita and Burrtec Wasic Industries, Ine. indebtedness and obligations which are renewed, extended, compromised, or restructured from time to time. 2.4. Independent Obligations. The Guarantor agrees that it is directly and primarily liable to the City, that the Guarantor's obligations hereunder are independent of the indebtedness and the obligations of Burrtec under the Agreement, and that a separate action or actions may be brought and prosecuted against the Guarantor, whether or not action is brought against Burrtec or whether or not Burrtec is joined in any such action or actions. 3. Consents by Guarantor. 3.1. Consents. The Guarantor hereby authorizes the City, without notice or demand and without affecting the Guarantor's liability hereunder, from time to time to: 3.1.1. Changes in Terms. Renew, compromise, extend, accept partial payments, accelerate or restructure the indebtedness and obligations of Burrtec under the Agreement or 'otherwise change the time for payment or the terms of any such indebtedness or obligations, or any part thereof. 31.2. Amendment of Agreement Waive, amend, rescind, modify or otherwise change any of the terms or provisions of the Agreement. 3.1.3. Liduidation of Guaranteed Obligations. Settle, release, compromise, collect or otherwise liquidate any of the indebtedness or obligations of Burrtec under the Agreement, or any pati thereof, and any security or collateral therefore in any manner as the City may determine in its sole and absolute discretion. 3.1.4. Collateral. Take and hold collateral to secure the payment and performance of the indebtedness and obligations of Burrtec under the Agreement and exchange, enforce, waive and release any such collateral, and apply such collateral and direct the order or manner of sale thereof as the City in its sole and absolute discretion may determine. 3.1.5. Releases. Release or substitute any one or more endorsers or other guarantors. 3.2, Non -Release of Guarantor. The Guarantor agrees that the City may do any or all of the matters specified in Section 3.1 in such manner, upon such terms, and at such times, as the A-2 PS -05.06-09 So #4828.1060.7776 VI . Temporary Bin and Roll-OFFBas Solid Waste Agreamout Bativeett as City of Seats Clarity and Burrtec Waste Industries, Inc. City, in its sole and absolute discretion, deems advisable, without, in any way or respect, impairing, affecting, reducing or releasing the Guarantor from its undertakings hereunder and the Guarantor hereby consents to each and all of the matters specified in Section 3.1. 4. Waivers. 4.1, Defenses. The Guarantor hereby waives any light to assert against the City as a defense, counterclaim, setoff or cross-claim, any defense (legal or equitable), counterclaim, setoff or cross-claim. which the Guarantor may now or at any time hereafter have funder applicable law, rule, arrangement or relationship against Buntec 4.2. Presentment, Demand and Notice. The Guarantor waives all presentments, demands for performance, notices of nonperformance, protests, notices of protests, notices of dishonor, notices of default, notice of acceptance'of this Guaranty, diligence and notices of the existence, creation or incurrence of the indebtedness and obligations of Buntec under the Agreement or of new or additional indebtedness or obligations of Biurtec incurred or created after the date of this Guaranty, and all other demands, notices or formalities of whatsoever bind to which the Guarantor may be entitled under applicable law. O4.3, Remedies Against Buritec As a condition to payment or performance by the Guarantor under this Guaranty, the City shall not be required to, and the Guarantor hereby waives any and all rights to require the City to, prosecute or seek to enforce any remedies against Buntec or any other party Iiable to the City on account of the indebtedness and obligations of Buntec under the Agreement or to require the City to seek to enforce or resort to any remedies with respect to any -security interests, liens or encumbrances granted to the City by Buntec or any other patty on account of the indebtedness and obligations of Burrtec under the Agreement, 4.4. Subrogation Rights. Until all the terms, covenants and conditions of the Agreement on Burtec's part to be performed and observed are fully pe formed 4 and observed, the Guarantor shall have no right of subrogation, reimbursement, exoneration, indemnity or contribution against Burrtec by reason of any payments or acts of performance by the _.___ _..___ CTuarantouirla cornpliance tuith_the .obligations of the_Guarantor under_this._Guatantyrop ;., !ided .._._._ that, notwithstanding the foregoing, the Guarantor shall have no right of subrogation, reimbursement, exoneration, indemnity, contribution or any other rights that would result in the Guarantor being deemed a creditor of Buntec under the Federal Bankruptcy Code, and the Guarantor irrevocably waives all such rights and the right to assert any. such rights, O A-3 PS -06-06-09 SD #4828-1060.7776 vi TGnporary Bin and Roll -Off Bos Solid Waste Agreement Botwami the City of Santa Clarita and Burrtoc waste Industries, Ine. 5. Waiver of Suretyship Defenses; Antideficiency Legislation. The Guarantor agrees that nothing contained in this Guaranty shall prevent the City from suing on the Agreement or from exercising any other rights available to it under the Agreement, and that the exercise of any of these rights shall not constitute a legal or equitable discharge of the Guarantor. The Guarantor understands that the exercise by the City of certain Sights and remedies contained in the Agreement may affect or eliminate the Guarantor's right of subrogation against Burrtec and that the Guarantor may therefore succeed to a partially or totally non -reimbursable liability hereunder. Nevertheless, the Guarantor hereby authorizes and empowers the City to exercise, in its sole and absolute discretion, any rights and remedies, or any combination of rights and remedies, that may then be. available, since it is the intent and purpose of the Guarantor that the obligations hereunder shall be absolute, independent and unconditional under any and all circumstances. Without limiting the generality of the foregoing, the Guarantor expressly waives any and all benefits under California Civil Code §§ 2809, 2810, 2819, 2845, 2849, 2850 and 2855, and California Code of Civil Procedure §§ 580a, 580b, 580d and 726. 6. Bankruptcy. 6.1. Liability of Guarantor Unaffected. The liability of the Guarantor under this Guaranty shall in no way be affected by: the release or discharge of Buirtec in any creditor proceeding, receivership, bankruptcy or other proceeding; the impairment, limitation or modification of the liability of Burrtec or the estate of Burrtec, or any remedy for the enforcement of Buatec's liability, resulting from the operation of any present or future provision of the Federal Bankruptcy Code or any bankruptcy, insolvency, debtor relief statute (state or federal), or any other statute, or from the decision of any court, the rejection or disaffnmance of the indebtedness or obligations of Burrtec under the Agreement, or any portion thereof, in any such proceeding; or the cessation, from any cause whatsoever, whether consensual or by operation of law, of the liability of Burrtec to the City. 7. Termination of Guaranty. The Guarantor's obligations under this Guaranty shall continue in full force and effect and this Guaranty shall not terminate until the indebtedness and . obligations of Burnet under the Agreement are fully paid, performed and discharged and the City gives, the. Guarantor, written notice of that, fact._ The indebtedness..and obligations of Buntec under the Agreement shall not be considered fully paid, performed and discharged unless and until all payments by Buntec to the City are no longer subject to any right on the part of any person, including, without limitation, Burrtec, Buntec as debtor-in-possession, or any trustee or receiver in bankruptcy, to set aside such payments or seek to recoup the amount of such payments, or any part thereof. The foregoing shall include, without limitation, all rights to recover preferences voidable under the federal Bankruptcy Code. In the event that any such A-4 PS -05-06.09 c SO 44828.1080-7778 v1 0 Tranporary Bin and null -Off Bax 8oad Waste Asreetuent Behreen the City of Santa Clarita slid Burrtee Waste Industries, Inc. O payments by Buntec to the City are set aside after the. malting thereof, in whole or in part, or settled without litigation, to the extent of any such settlement, all of which is within the City's sole and absolute discretion, the Guarantor shall be liable for the full amount the City is required to repay plus costs, interest, attorneys' fees and any and BE expenses .which the City paid or incurred in connection therewith. The Guarantor shall continue to be liable under the terms of this Guaranty notwithstanding the transfer by Burrtec of all or any portion of the property encumbered by the Agreement, 8. ' Other Provisions. 8,1. Bx)enses. The Guarantor agrees to pay all attorneys' fees and all other costs and expenses which may be incurred by the City in the enforcement or collection of this Guaranty and the indebtedness and obligations of Burrtec under the Agreement, whether or not suit'is filed, 8,2. Interest. All amounts required to be, paid to the City by the Guarantor pursuant to the provisions of this Guaranty:(including, without limitation, pursuant to Section 2 and 8.1 hereof) shall bear interest from the date upon which such amounts are due to the date of payment thereof at the highest rate permitted by law. All payments of such amounts by the OGuarantor shall include any such accrued interest. 8.3. Governing Law. The validity, construction and performance of this Guarantee shall be governed by the laws, without regard to the laws as to choice or conflict of laws, of the State of California. - 8.4. Entire Agreement. This Guaranty embodies the entire agreement and understanding between the City and the Guarantor pertaining to the subject matter of this Guaranty, and supersedes all prior agreements, understandings, negotiations, representations and discussions, whether verbal or written, of such parties, pertaining to that subject matter. 8.5.. Assignment; Binding Effect. Neither this Guaranty nor any rights .or obligations under this Guaranty may be assigned by the Guarantor without the prior written consent of the ------•---~---,----City-Subjeet to•~lhe--foregoing,—tha—provisions—of-tlus•-Guarantyshall--bisid and inure• -to -•the ----•-- benefit of the City and the Guarantor and their respective heirs, executors, personal representatives, successors and assigns. 8.6. Notices. Whenever the City or the Guarantor desire or are required to give any notice, demand or request with respect to this Guaranty, each such communication shall he in So #4828.1050.7778 A A-5 PS -05-06-09 Temporary Bin and RoN.Off Bax Solid Waste Agreement Between ilia City of Smnta Ciarito and Burrtec Waste Industries, Inc. writing and shall be, given by personal service or mailed by Certified Mail, postage prepaid, return receipt requested, addressed to Guarantor as set forth in the first paragraph of this Guaranty and to City at City's City Hall. Such communications sent shall be effectively given when they are received by the addressee thereof, but if sent by Certified Mail, they shall be effectively given three (3) days after being deposited in the United States Mail. The City and the Guarantor may change their respective address for such communications by giving notice to the other in conformity with this Section. 8.7. Amendment and Waiver. This Guaranty may not be amended, modified or supplemented except by a writing duly executed by the Guarantor and a duly authorized officer of the City. No provision of this Guaranty or right of the City under this Guaranty can be waived except by a writing duly executed by a duly authorized officer of the City. No waiver by the City of a breach of any provision of this Guaranty shall be, construed as a waiver of any subsequent or different breach, and no forbearance by the City to seek a remedy for noncompliance or breach by the Guarantor shall be construed as a waiver of any right or remedy with respect to such noncompliance or breach. 8.8. Time. Time is of the essence with respect to each provision of this Guaranty 8.9. Severability. The invalidity or unenforceability of any particular provision of this Guaranty shall not affect the other provisions, and this Guaranty shall be construed in all respects as if any invalid or unenforceable provision were omitted. 8.10. Further Action. The Guarantor agrees to perform any further acts and to execute and deliver any other documents which may be necessary in the opinion of the City to effect the provisions of this Guaranty. 8.11. Headings. The section and other headings contained in this Guaranty are for reference purposes only and shall not affect in any way the meaning or interpretation of this Guaranty. IN WTINESS WHEREOF, the Guarantor, Guaranty as of the year and date first above written. Ce�I��YC�I:�I SD #4B28.1050.7778 vi Burrtec [CEO, President, Chairman of the Board or any Vice President] Temporary lli n and Roll•at1'Bax Solid Waste Agreement ll m an tlm City its Cinritn and Brtsc Waste Industries, Lie. O And by: [The Secretary, any assistant secretary, CFO or any assistant treasurer] State of Q�a`�&er„c ,County oN , ss. On this day of F r �L= in the ye 2005 before me cYs_, k `pexsonM appeared u and c:uN k�� r ( personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to this instrument and aclmowledged that he (she or they) executed it pursuant to a resolution of the Board of Directors of Burrtec Waste Industries, Inc., a California corporation, SIGNED F DEBRH G. HANSEN Commission # 1379077 z z : a Notary Public - California g O San Bernardino County My Comm. Expires Oct 8.2006 A-7 PS -05-06.09 So #4628.1060.7778 v1 EXHIBIT B COMMERCIAL AGREEMENT CONSOLIDATED NONEXCLUSIVE FRANCHISE AGREEMENT This Nonexclusive Franchise Agreement ("Agreement') is entered into as of , 2013 ("Effective Date") by and between the City of Santa Clarita, a California municipal corporation (the "City") and Consolidated Services, a Limited Liability Corporation, ("Franchisee"), who agree as follows: 1. Recitals. This Agreement is made with reference to the following facts and circumstances: (a) On July 1, 2012, Franchisee entered into a nonexclusive franchise agreement with the County of Los Angeles ("County") for solid waste management services in bins to commercial enterprises in the unincorporated territory of the County, including the unincorporated portions of the Santa Clarita Valley ("County Franchise"). A copy of the County Franchise is attached as Exhibit 1. (b) The County Franchise is an open market competitive agreement that sets forth, among other things, certain terms and conditions that Franchisee must comply with in providing solid waste management services. The termination date of the County Franchise was June 30, 2019. (c) In 2012 and 2013, the City completed annexations of certain portions of unincorporated land in Los Angeles County into the City (the "Annexed Areas"). The Annexed Areas are described in the attached Exhibit 2. (d) The County has taken the position that the County Franchise applies only to the unincorporated areas of the County and consequently, it will no longer remain in force and effect as of the date the Annexed Areas are officially annexed into the City. (e) Pursuant to Public Resources Code section 49520, the City notified Franchisee that the City intends to contract for exclusive solid waste handling services with another provider for the Annexed Areas. (f) The Parties agree that pursuant to Public Resources Code section 49520, Franchisee has the right to continue to provide solid waste handling services for commercial enterprises in the Annexed Areas for a period of five years from the date the City provided notice of its intent to have an exclusive provider for the Annexed Areas, which is agreed to be June 14, 2012 for the Soledad Commons, Copperstone, and Elsmere Canyon areas, and December 17, 2012 for the Fair Oaks Ranch, West Sand Canyon and North Copper Hill areas, and April 16, 2013 for South Sand Canyon area, and August 15, 2013 for the Norland/Robinson Ranch areas. (g) Pursuant to Public Resources Code section 40521, Franchisee must provide such continued solid waste handling services in the Annexed Area and Future Annexed Areas in substantial compliance with the terms and conditions of the County Franchise and must meet the quality and frequency of service that is provided by the City in the City's incorporated areas for such similar service. (h) The City and Franchisee both desire that Franchisee continue to provide solid waste handling services to commercial enterprises in the Annexed Area and pursuant to the terms and conditions in the County Franchise until the expiration of the term of this Agreement, with some limited amendments. (i) This Agreement will ensure that Franchisee provide solid waste handling services to commercial enterprises in the Annexed Areas in compliance with the terms and conditions of the County Franchise, with certain amendments that are consistent with City standards, until the expiration of the term of this Agreement. This will guarantee consistency and will improve uniformity of service in the Annexed Areas during the term in which the Franchisee has the right to continue to provide such services. 2. Aoreement. The City and the Franchisee agree that Franchisee will continue to provide solid waste handling services to commercial enterprises in the Annexed Area and Future Annexed Areas pursuant to, and bound by, the terms and conditions of the County Franchise for the Term (as defined below) of this Agreement, with the following amendments: (a) Any reference to the "County", "Los Angeles County", the "Los Angeles County Department of Public Works", or the "Director of the Los Angeles Department of Public Works" in the County Franchise shall mean "City". this Agreement. 4. (b) Section 1(D) of the County Franchise concerning franchise fees is deleted and replaced with the attached Exhibit 3. (c) Section 2(A)(1) of the County Franchise concerning expiration date is deleted and replaced by Section 3 of this Agreement. (d) Section 13 of the County Franchise concerning Indemnification is deleted and replaced with the attached Exhibit 4. (e) Section 14 of the County Franchise concerning Insurance is deleted and replaced with the attached Exhibit 5. (f) All reference in the County Franchise to "roll -off box" or "roll -off' service is deleted and replaced with the attached Exhibit 6, which is a copy of the existing temporary bin and roll -off solid waste franchise agreement between Franchisee and City ("Existing Roll -Off Agreement"), and Franchisee agrees to abide by the terms and conditions in the Existing Roll -Off Agreement and any future amendments to such. 3. Term and Termination. The term of this Agreement begins on the Effective Date and terminates as follows: Franchisee's rights to provide service and obligations under this Agreement with regard to the Annexed Areas terminate as follows: 1. On June 14, 2017 for the annexed areas of Soledad Commons, Copperstone, and Elsmere Canyon; 2. On December 17, 2017 for the annexed areas of Fair Oaks Ranch and West Sand Canyon; and 3. On December 17, 2017 for the annexed area of North Copper Hill; and 4. On October 16, 2018 for the annexed area of South Sand Canyon; and 5. On October 16, 2018 for the annexed areas of Norland and Robinson Ranch. These five dates are collectively referred to as the "Annexed Area Termination Dates". For the avoidance of doubt, Franchisee shall have no further right to provide solid waste handling services to commercial enterprises in the Annexed Area after the Annexed Area Termination Dates, unless otherwise authorized in writing by the City. 4. Transition Plan. Franchisee shall submit a detailed transition plan six months prior to the Annexed Area Termination Date that outlines how it intends to ensure that the transition from Franchisee to the City's exclusive hauler will be carried out in an efficient manner and will not impact the provision of services to City residents. [Signature Page Follows] IN WITNESS WHEREOF, the Parties enter into this Amendment of the Assigned Franchise as of the date first written above. CONSOLIDATED SERVICES By: CITY OF SANTA CLARITA By: Kenneth W. Striplin City Manager ATTEST: Bv: Armine Chaparyan Interim City Clerk APPROVED AS TO FORM: By: Joseph M. Montes City Attorney EXHIBIT 1 (Nonexclusive County Franchise Agreement) GAIL FARBER, Director COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS °To Enrich Lives Through Effective and Caring Service" 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (626) 458-5100 h(tp://dpw.lacounty.gov ADDRESS ALL CORRESPONDENCE TO: P,O. BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE �+ REFER TO FILE: AS -0 May 30, 2012 TRANSMITTAL OF CONTRACT FOR SIGNATURES You are hereby notified that the Board of Supervisors awarded your company the contract work entitled Non -Exclusive Commercial Franchise; however, the contract will not be considered fully executed until signed by the Director of Public Works. Please note that Exhibit Chas been replaced in its entirety by Exhibit C.1 Enclosed are three copies (Contractor Execute, Department Execute, and Contractor's File Copy) of the contract, along with Instructions for Executing Agreements. Please retain the "Contractor's File Copy" for your files. Sign, notarize, and return the remaining two copies (Department Execute and Contractor Execute) to one of the following addresses no later than Wednesday, June 6, 2012: Via Hand Delivery: -OR- Department of Public Works Administrative Services Division Attention Mr. Jesus Castillo 900 South Fremont Avenue Alhambra, CA 91803-1331 Via U.S. Mail: Department of Public Works Administrative Services Division Attention Mr. Jesus Castillo P.O. Box 1460 Alhambra, CA 91802-1460 County approved Performance Bond/Financial Assurance in the amount of $25,000, and insurance must be submitted before the execution of the Agreement by County. No work can commence until the final execution of the Agreement. The proof of insurance must also be accompanied by a copy of the additional insured endorsement to the commercial general liability policies reflecting County of Los Angeles, its Special Districts, Elected Officials, Officers, Agents, Employees, and Volunteers as additionally insured. Please send the proof of insurance to Mr. Jesus Castillo, via scanned e-mail to icastill(@dpw.lacounty.aov, or facsimile at (626) 458-4194. The insurance certificate(s) must be received by Public Works no later than Wednesday, June 6, 2012, Enclosed is a sample Performance Bond. Please refer to Exhibit H of the Request for Proposals for specific bond language and requirements for General Leave the spaces for the date online 1 of page 1 of the Agreement blank. The date will be filled in by the County. Principals must sign on the last page of the Agreement (NOTARIZATION IS REQUIRED). Please note that notarization is required for each principal, s signature. Agreements which do not have proper notarization will be returned for proper execution. All notary acknowledgments must be manually signed. Xeroxed or stamped signatures are not acceptable. Corporations Signatures: President or Vice -President and Secretary or Assistant Secretary Affix corporate seal at each signing and affix notary acknowledgment as indicated above. One-person corporations are to sign both as the President and as the Secretary. Others may sign for the corporation if Public Works is furnished a certified copy of a resolution of the corporate board of directors authorizing them to do so. Out of State corporations must be registered to conduct business in -the State of California.--- -- - -- -- --- - -- -- -- Partnerships Signatures: All members of partnership or designated partner(s). Only designated partner(s) need sign if a statement signed by all members of the partnership, which designates which partner(s) is (are) authorized to sign on behalf of the partnership and to which a partnership notary acknowledgment is affixed, is filed with Public Works. Affix partnership notary acknowledgment as indicated above. Individuals Signatures: The individual. Affix individual notary acknowledgment as indicated above. Another may sign for the individual if Public Works is furnished a certified power of attorney authorizing the other person to sign and to which a notary acknowledgment has been affixed. Fictitious Business Names (d.b.a.) Signatures: Documents should be signed as AJohn Doe, d.b.a. XYZ Co.@ Affix notary acknowledgment for individual, d.b.a.... as indicated above. Joint Ventures Signatures: Principals of the joint venture or designated member(s). Signatures should be as indicated above for each specific entity comprising the joint venture. However, only designated member(s) need sign if a statement signed by all principals of the joint venture, designates which member(s) is (are) authorized to sign documents on behalf of thejoint venture, and to which a joint venture notary acknowledgment is affixed, is filed with Public Works. Affix joint venture notary acknowledgment as indicated above. P:ASPUMCONTRACTCONTRACTING FORMSAGREEMENTMINSTRUCTIONS FOR EXECUTING.DOC 07104 CONTRACTOR'S FILE COPY Non=Exclusive Commercial Solid Waste Collection Franchise Agreement For the Unincorporated Areas of The County of Los Angeles BETWEEN THE COUNTY OF LOS ANGELES, DEPARTMENT OF PUBLIC WORKS AND CONSOLIDATED DISPOSAL SERVICES, LLC CONTRACT # 003062 Franchise Date: JULY 11 2012 Expiration Date: JUNE 30, 2019 1 2012-FA001 Non -Exclusive Commercial Franchise TABLE OF CONTENTS REFERENCES................................................................................................................ 3 RECITALS...................................................................................................................... 9 SECTION 1 - FRANCHISE GRANT..............................................................................10 SECTION2 - TERM......................................................................................................13 SECTION 3 - SCOPE OF FRANCHISE SERVICES.....................................................15 SECTION 4 - SERVICE STANDARDS.........................................................................17 SECTION5 - PRIVACY................................................................................................19 SECTION 6 - UNPERMITTED WASTE SCREENING AND REPORTING SECTION ...................19 7 - CUSTOMER SERVICE...........................................................................20 SECTION 8 - OWNERSHIP OF MSW; DISCLAIMERS................................................23 SECTION 9 - SETTING RATES AND CUSTOMER BILLING ...................................... 23 SECTION 10 - FRANCHISEE RECORDS; AUDITS ..................................................... 23 SECTION 11 - COUNTY'S DIVERSION PRIORITIES .................................................. 26 SECTION12 - REPORTS............................................................................................. 27 SECTION 13- INDEMNIFICATION :: ::.::... 28 SECTION 14 - INSURANCE......................................................................................... 30 SECTION 15 - FINANCIAL ASSURANCE................................................................... 30 SECTION 16 - BREACHES AND DEFAULTS; SUSPENSION; TERMINATION; DEBARMENT............................................................................................................... 31 SECTION 17 - ENFORCEMENT OF AGREEMENT..................................................... 37 SECTION 18 - GENERAL PROVISIONS..................................................................... 39 SECTION 19 - DEFINITIONS AND INTERPRETATION OF AGREEMENT ................. 40 SECTION 20 - EXECUTION OF AGREEMENT 41 ........................................................... ATTACHMENT NO. 1 (Section 3A) - FRANCHISE SERVICES..................................43 ATTACHMENT NO. 2 (Section 3A) - FRANCHISE SERVICES AND SERVICE SPECIFICATIONS FOR ROLL -OFF BOXES...............................................................52 ATTACHMENT NO. 3 (Section 14) -INSURANCE REQUIREMENTS ........................53 ATTACHMENT NO. 4 - LABOR -RELATED PROVISIONS REQUIRED IN COUNTY CONTRACTS................................................................................................................ 60 EXHIBIT A - LIST OF UNINCORPORATED COUNTY COMMUNITIES ...................... 65 EXHIBIT B - MAP OF UNINCORPORATED COUNTY AREAS................................66 EXHIBIT C - CUSTOMER BILL OF RIGHTS.....................................................69 EXHIBIT D - MANDATORY RECYCLING REQUIREMENTS................................72 EXHIBIT E - DEFAULTED PROPERTY TAX REDUCTION PROGRAM ..................... 88 EXHIBIT F - INTERNAL REVENUE SERVICE NOTICE 1015 ....................................92 EXHIBIT G - SAFELY SURRENDERED BABY LAW POSTERS ...........................93 EXHIBIT H - BOND FOR FAITHFUL PERFORMANCE........................................97 EXHIBIT 1 -FRANCHISE DOCUMENTATION...................................................99 2012-FA001 Non -Exclusive Commercial Franchise REFERENCES The text in this Franchise Agreement uses the following conventions: (1) References to Sections and Articles refer to Sections and Articles of this Agreement, unless specified otherwise. (2) References to Attachments and Exhibits refer to Attachments and Exhibits appended to this Agreement. (3) References to Subsections are to the Section in which that Subsection occurs, unless specified otherwise. (4) Words have the meanings defined below or in the text of this Agreement. Definitions inserted in text are italicized. 3 2012-FA001 Non -Exclusive Commercial Franchise SECTION DEFINITION AB 939 California Integrated Waste Management Act of 1989, California Public Resources Code 40000 et seq. bin-_ _ _1A breach 16A bulky item Attachment No. 1 F2 cart 1B No. (5) CCR California Code of Regulations CEDs A "covered electronic device" as defined in California Public Resources Code Section 42463, including: (1) cathode ray tube (CRT) device (including television and computer monitor); (2) LCD desktop monitor; (3) Laptop computer with LCD display; (4) LCD television; (5) plasma television; and (6) any other "covered electronic devices" listed in the regulations adopted by the California Department of Toxic Substances Control pursuant to California Health and Safety Code Section 25214.10.1(b). container Cart, bin, roll -off box or other container for storing discarded solid waste pending collection. 3 2012-FA001 Non -Exclusive Commercial Franchise commercial Refers to premises such as stores; offices; industrial plants; private schools; restaurants; rooming houses; hotels; motels; manufacturing, processing, or assembly shops or plants; and hospitals, clinics, convalescent centers and nursing homes (with respect to nonmedical waste only). Commercial does not include residential premises or multifamily premises. County business 4F day County's office 4F hours County's Direct costs of COUNTY (including payroll and reimbursement benefits, materials, and services) plus 35 percent costs thereof. customer Someone who subscribes to franchise services from FRANCHISEE. Customer Bill of 7C -Rights Customer 7C Subscription Order date of this Paragraph Agreement above Recitals day Calendar day default 1681 Director The County of Los Angeles Director of Public Works or his or her authorized representative. E -waste Waste that is powered by batteries or electricity, such as computers, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, videocassette players/recorders, compact disc players/recorders, and calculators. franchise fee 1 D franchise 1A services franchise year July 1 — June 30 (contrasted with a calendar year) Garbage Districts formed pursuant to Public Resources Disposal Districts Code Section 4900 et seq., and Los Angeles County Code Chapter 29.90. 4 2012-FA001 Non -Exclusive Commercial Franchise immediatefamily 1E including "including, without limitation" law 4A liabilities 13D MRF Materials Recovery Facility multifamily Refers to the following premises: (1) dwellings with three or more attached dwelling units (such as apartments), each with separate cooking and bathing facilities; (2) townhouses, whether attached or detached, (3) condominiums, whether attached or detached; or (4) the following developments that receive solid waste services in bins: • planned residential developments (PRD's), • planned urban development's (PUD's), and • community developments (such as mobile home arks). notice 18C premises A tract of land with habitable buildings located in the service area, which is safely accessible by trucks used to provide franchise services. promptly Within two County business days quarter The following periods: (1) January 1 — March 31, (2) April 1 — June 30, (3) JulyI — September 30, or (4) October 1 — December 31. reasonable Actions that a prudent business person would efforts take under the same or similar circumstances intending in good faith to satisfy its obligations. records 10A recyclables 1131 On the date of this Agreement, recyclables include the following types of solid waste: (1) aluminum and metal cans; (2) newspaper; (3) glass jars and bottles; (4) tin cans; 5 2012-FA001 Non -Exclusive Commercial Franchise 2012-FA001 Non -Exclusive Commercial Franchise (5) plastic soda bottles; (6) plastic milk and waterjugs; (7) plastic bags (e.g., bread, frozen food, grocery bags); (8) type No. 1 plastic containers (PET - polyethylene terephthalate); (9) type No. 2 plastic containers (HDPE -high density polyethylene); and type No.3-7 containers. (10) all types of paper (e.g., office paper, junk mail, magazines, telephone books); (11) corrugated cardboard refuse "Solid waste" comprised of garbage, rubbish and trash regulatory 4A authority Request for All documentation and information that -Statement of FRANCHISEE submits to COUNTY and that the - Qualifications Director deems complete, including: (1) Unpermitted Waste Screening Protocol; (2) Customer Subscription Order Template Form; (3) Recycling and Waste Diversion Plan; (4) Vehicle List residential Refers to premises containing detached, single- family homes or duplexes, other than: (1) townhouses, whether attached or detached, (2) condominiums, whether attached or detached, or (3) the following developments that receive solid waste services in carts: • planned residential developments (PRD's), • planned urban development's (PUD's), and • community developments (such as mobile home parks) roll -off box 1A service area The unincorporated area of the COUNTY 2012-FA001 Non -Exclusive Commercial Franchise sharps Attachment No.1 E3b solid waste 1A solid waste 3B facility solid waste (1) "Solid waste handling" defined under management California Public Resource Code Section services 40195 (on the date of this Agreement, collection, transportation storage, transfer or processing of solid waste), and (2) "Solid waste disposal" defined under California Public Resource Code Section 40192, as required by County Code Section 20.72.140 subcontractors Anyone that provides goods or services (whether or not pursuant to oral or written agreement), related to: (1) collection, transportation, or storage of solid- waste, CEDs or E -waste handled under this Agreement; or (2) operation, maintenance, and repair of assets used to provide franchise services such as For example transfer 1 E uncontrollable The following events: circumstances (1) riots, war, or emergency affecting the COUNTY declared by the President of the United States or Congress of the United States, the Governor of California, or the Board of Supervisors; (2) sabotage, civil disturbance, insurrection, explosion; (3) natural disasters such as floods, earthquakes, landslides, and fires; (4) strikes, lockouts and other labor disturbances; and (5) other catastrophic events that are beyond the reasonable control of FRANCHISEE despite FRANCHISEE'S reasonable efforts, excluding: . FRANCHISEE'S financial inability to provide franchise services, or 7 2012-FA001 Non -Exclusive Commercial Franchise 2012-FA001 Non -Exclusive Commercial Franchise • FRANCHISEE's failure to obtain any permits necessary to provide franchise services or the right to use the facilities of any public entity unpermitted 6A waste violation/violation Any noncompliance with law as evidenced by of law notice, assessment, or determination of any regulatory authority to FRANCHISEE, whether or not a fine or penalty is included, assessed, levied, or attached. year Calendar year, unless "franchise year" is explicitly provided. 2012-FA001 Non -Exclusive Commercial Franchise The County of Los Angeles, a political subdivision of the State of California (COUNTY), and CONSOLIDATED DISPOSAL SERVICES, LLC, a Limited Liability Company (FRANCHISEE) enter into this Agreement on the date of this Agreement. "date of this Agreement" means the date that both parties have signed this Agreement in Section 20. RECITALS OPEN MARKET COMPETITION. Historically, private waste haulers and not County have arranged to provide municipal solid waste management services in bins to commercial enterprises in the unincorporated territory of County. Private haulers and their commercial customers have competitively negotiated service charges in an open - market, except in Garbage Disposal Districts and residential franchise areas, where the haulers contract with County to provide solid waste management services. FRANCHISE PURPOSE. Under this Agreement, private haulers will continue to arrange to provide solid waste management service in bins to commercial customers, subject o the terms of this Agreement. This Agreement will: • increase hauler accountability for customer service, • help implement the Source Reduction and Recycling Element of the County's Solid Waste Plan, including providing diversion programs, maintaining more accurate records and improving reporting, and specifically the establishment and enforcement of recycling programs for businesses and multifamily dwellings, • provide efficient contract administration and enforcement by COUNTY staff, and • provide bulky waste collection to curb illegal dumping . SOLID WASTE PERMITS. Article XI, Section 7 of the California State Constitution authorizes COUNTY to protect the public health and safety by exercising its authority over police and sanitary matters. Historically, the COUNTY Department of Health Services issued permits to haulers for the hauling of solid waste with requirements to protect public health and safety, including frequency of collection and collection vehicle maintenance. It will continue to do so, and FRANCHISEE shall continue to obtain that permit and comply with all of its provisions. SELF -HAUL OPTION. This Agreement does not require anyone to subscribe to franchise services from FRANCHISEE. Owners and occupants of premises may self - haul their solid waste. They may store solid waste generated on their premises in their own containers, and collect and transport it in their own vehicles for reuse, recycling, or disposal. Customers' obligations to pay FRANCHISEE service fees under this 9 2012-FA001 Non -Exclusive Commercial Franchise Agreement does not arise because they own property, but because they generate refuse and do not exercise their right to self -haul. FRANCHISE AUTHORIZATION. California Public Resources Code Section 40059 specifically authorizes COUNTY to prescribe the terms and conditions of aspects of solid waste management services, including: O the nature, location, and level/extent of services. frequency of collection; • means of collection and transportation; • service charges and fees; and ® whether the services are to be provided by means of non-exclusive, partially exclusive, or wholly exclusive franchise, contract, license, permit, or otherwise. County Code Chapter 20.70 authorizes the Director to require franchises in any part of the unincorporated territory of the County that is not served by a Garbage Disposal District. COUNTY consulted with representatives of waste haulers in developing this Agreement. COUNTY and representatives of the private hauling industry met many times to discuss the scope of franchise services, service specifications, service standards, and other performance obligations and to address the industry's questions, comments, and concerns. SECTION 1 — FRANCHISE GRANT A. Non -Exclusive Grant and Acceptance. COUNTY grants to FRANCHISEE and FRANCHISEE accepts the non-exclusive right and privilege to provide franchise services with respect to solid waste discarded in bins and roll -off boxes and within the unincorporated areas of the COUNTY. In COUNTY'S sole discretion, COUNTY may also grant to other persons the same rights and privileges that it grants FRANCHISEE under this Agreement. COUNTY is not liable to FRANCHISEE for acts of anyone who provides solid waste management services without a permit or franchise required by law, and FRANCHISEE releases COUNTY from any liability in connection with any of those acts. "franchise services" means all FRANCHISEE'S obligations under this Agreement to its customers and COUNTY. "solid waste" means "solid waste" defined in California Public Resource Code Section 40191. "bin" means any container for storage of solid waste that is picked up with front end 10 2012-FA001 Non -Exclusive Commercial Franchise loading vehicles, such as those having a 1- to 8 -yard capacity, commonly referred to as dumpsters. "roll -off box" means any open -topped rectangular container for storage, collection, and transport of solid waste that are rolled on and off flatbed collection vehicles via winches or reeving cylinders (hooks), sometimes referred to as debris boxes. B. Exclusions from Franchise. This grant excludes: (1) recyclables that any person donates or sells to someone other than FRANCHISEE. recyclables" means types of solid waste designated by COUNTY. (2) solid waste that any person self -hauls, such as shingles generated by roofers and yard waste by gardeners who: • collect the solid waste in receptacles other than those provided by FRANCHISEE, and • transport the solid waste in that person's own vehicles for disposal or processing. (3) solid waste discarded at premises owned or controlled by COUNTY or any other person governed by the Board of Supervisors ; (4) solid waste discarded at premises owned or controlled by: • the State of California; • any school district; or • any person that is not legally obligated to subscribe to franchise services. (5) solid waste discarded in carts at premises that receive franchise services under an exclusive franchise awarded by the COUNTY for cart service (such as an Exclusive Franchise Agreement For Provision of Refuse, Recyclables, and Green Waste Automated Cart Services at Residential Premises and Certain Multifamily and Commercial Premises), including residential, multifamily and commercial premises. However, FRANCHISEE must collect recyclables discarded in carts at customers' premises under its Recycling and Waste Diversion Plan in its Request for Statement of Qualifications and Attachment No. 1. "cart" means a wheeled container for storage of solid waste that is (semi) automatically picked up by mechanical arms on a side loading truck (6) solid waste discarded by anyone who is receiving solid waste management services from a solid waste enterprise (if any) that has the statutory right to continue to provide franchise services to that person under California Public Resource Code Section 49520 et seq. 11 2012-FA001 Non -Exclusive Commercial Franchise C. Definition of Rights. FRANCHISEE acknowledges: (1) This Agreement does not grant FRANCHISEE any rights under Public Resource Code Section 49520. (2) FRANCHISEE does not have the right to make any claim under Public Resource Code Section 49520, but only under this Agreement. Upon expiration or termination of this Agreement, FRANCHISEE shall cease providing franchise services even if the expiration or termination occurs before the end of the period described in Public Resource Code Section 49520. After expiration or termination of this Agreement, COUNTY may reprocure one or more agreements for solid waste management services with FRANCHISEE or other persons. Those agreements may be exclusive, partially exclusive, or wholly exclusive franchises, contracts, licenses, permits or otherwise, with or without competitive bidding. D. Franchise Fee. "franchise fee" means the franchise fee established from time to time and paid under COUNTY Code Chapter 20.70 and implementing ordinances or resolutions of the In consideration for this franchise, FRANCHISEE shall be obligated to COUNTY beginning on the date of this agreement, and shall pay the franchise fee at the time and in the amount and manner established from time to time by County ordinance or resolution of the Board of Supervisors. FRANCHISEE shall not separately identify the franchise fee in correspondence with its customers, such as in customer subscription orders or service bills, unless the language is approved by COUNTY. All communication with customers regarding increased charges, including both written and oral communication, shall be approved by County. FRANCHISEE shall pay the franchise fee with respect to all fees that it charges customers, including customers that subscribe to: (1) franchise services for bins (such as centrally -located green waste bins in a multifamily complex), and (2) non -franchise services for carts (such as individual carts for each dwelling within a multifamily complex) unless FRANCHISEE pays franchise fees with respect to all or a part of those fees under County residential franchises. E. Transfer. FRANCHISEE may transfer this Agreement, the franchise granted under it, or any rights or duties under it: 1. in whole or in part, whether voluntarily or involuntarily, 12 2012-FA001 Non -Exclusive Commercial Franchise 2. directly or indirectly (including through asset purchase, or merger with or acquisition of the FRANCHISEE), subject to the following exception. FRANCHISEE may not make that transfer without the Director's prior written consent exercised in the Director's sole discretion, if the party to whom the FRANCHISEE makes the transfer (the transferee) does not qualify for any previously extended term of this agreement under Section 2. For example, if the existing FRANCHISEE (transferor) purchased alternative fueled vehicles and this agreement was consequently extended, then the combined vehicle fleet of new FRANCHISEE (transferee) must continue to meet the requirements for that extended term. Upon County request, FRANCHISEE shall pay County an amount requested by County, to conduct investigations deemed necessary by County to determine whether or not to grant its consent to the transfer. "transfer" means an action (or inaction) which has the direct (or indirect) effect of changing the permittee named on FRANCHISEE's waste collector permit issued by the Los Angeles County Department of Public Health. SECTION 2 — TERM A. Length of Term. 1. Expiration Date. The term of this Agreement begins on the date of this Agreement and ends on the "Expiration Date" on the cover of this Agreement which is initially the same for all franchisees under Non - Exclusive Commercial Solid Waste Collection Franchise Agreements. 2. Earned Extension. a. 50 percent Fleet Conversion. The term of this agreement will be extended for the following periods of time if FRANCHISEE meets both of the following contract conditions, determined to satisfaction of COUNTY in COUNTY's sole discretion: 1. FRANCHISEE is not in breach of this Agreement, including compliance with Diesel Particulate Matter Control Measures 13 CCR 2020 et seq.; and 2. 50 percent of the trucks that FRANCHISEE uses to provide franchise services meet the technical specifications for both of the following: new solid waste collection vehicles under Section (d)(1) of the South Coast Air Quality Management District (SCAQMD) 13 2012-FA001 Non -Exclusive Commercial Franchise RULE 1193. CLEAN ON -ROAD RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION VEHICLES in effect* on the date of this agreement; and • added or replaced transfer or roll off vehicles under Section (d)(2) of Rule 1193. The technical specifications in Diesel Particulate Matter Control Measures 13 CCR 2020 et seq. are incorporated by reference into this agreement as contractual provisions, whether or not those Measures apply to this agreement or FRANCHISEE as regulatory requirements. 50 Percent CONVERSION DATE EXTENDED EXPIRATION DATE as of this franchise date/ June 30, 2022 prior to July 1, 2012 2016 prior to July 1, 2013 June 30, 2021 June 30, 2020 prior to Jul 1, 2014 June 30, 2020 b. 75 percent Fleet Conversion. The term of this agreement will be ---------- __---------------- extended for the following periods of time if FRANCHISEE meets both of the preceding contract conditions in Subsection 2a, above, with respect to 75 percent of those trucks, determined to satisfaction of COUNTY in COUNTY's sole discretion: 75 Percent CONVERSION DATE EXTENDED EXPIRATION DATE prior to July 1, 2015 June 30, 2022 prior to July 1, 2016 June 30, 2021 prior to July 1, 2017 June 30, 2020 C. Proof of Conversion. Each year FRANCHISEE shall attach to its annual report an inventory of all solid waste collection, transfer, and roll off vehicles used to provide franchise services, including the following information: 1. application (solid waste collection, roll off, or transfer) 2. vehicle identification number, 3. license plate number, 4. engine model year, 5. fuel type, 6. domicile location, and 7. other information requested by COUNTY. Throughout the extended term, FRANCHISEE must continue to meet both extension conditions determined to satisfaction of COUNTY in COUNTY's sole discretion. 14 2012-FA001 Non -Exclusive Commercial Franchise d. No Conversion or Earned Extension. If FRANCHISEE does not meet either the 50 percent or 75 percent extension requirement, then upon scheduled expiration of this agreement on June 30, 2019, the term of this agreement will be extended on a month -by -month basis until the earlier of: 1. the date the Director names in notice to FRANCHISEE, given in the Director's sole discretion, or 2. June 30, 2022. 3. Optional Extension. In its sole discretion the Director may extend the term one or more times in monthly increments for up to three years plus a month-to-month extension up to six months. B. Continuing Obligations. The following provisions survive the expiration or termination of this Agreement: (1) all acknowledgments, representations, warranties, indemnities, defenses, and releases; (2) obligations -to pay any due and -payable monetary amounts or claims -for those amounts, including franchise fees; (3) obligations with respect to records and reports, (4) obligations to respect customers' privacy; and (5) any other provision of this Agreement stated to survive the expiration or termination of this Agreement. C. Undepreciated Assets. FRANCHISEE acknowledges that it has no right to recover an amount equal to the undepreciated value of assets it uses to provide franchise services that might remain at the expiration or termination of this Agreement, from COUNTY or customers. SECTION 3 — SCOPE OF FRANCHISE SERVICES A. Arrangement with Customers. FRANCHISEE may independently arrange to provide franchise services in bins and roll -off boxes in the service area at the frequency, capacity, price, and other terms agreed to with its customers. B. Acknowledgements. FRANCHISEE acknowledges the following: (1) Although this Agreement prescribes minimum scope of franchise services, service specifications, and service standards, COUNTY is not responsible for supervising or performing franchise services; (2) FRANCHISEE and not COUNTY is arranging for franchise services, and COUNTY does not become a "generator" or an "arranger" as those terms are used in the context of CERCLA Section 107(a)(3), and 15 2012-FA001 Non -Exclusive Commercial Franchise (3) FRANCHISEE has full freedom, discretion, and responsibility to solely determine the manner of providing franchise services, including its choice of solid waste facilities, unless COUNTY designates one or more solid waste facilities under Section 3G. "solid waste facilities" means "solid waste facility" defined in Public Resource Code Section 40194; facilities that handle CEDs and E -waste; and any other facilities named by COUNTY. C. COUNTY Solid Waste Programs. FRANCHISEE shall provide to its customers all franchise services in bins and roll -off boxes described in ATTACHMENTS No. 1 and No. 2, respectively. FRANCHISEE shall not dispose of recyclables or mix recyclables with refuse. D. Director Request. Upon Director request, FRANCHISEE shall use its best efforts to promptly provide franchise services to any premises identified by Director, as the Director deems necessary to protect public health or safety. E. Emergency Assistance. FRANCHISEE shall provide solid waste management services requested -by COUNTY in health and safety emergencies (such as an earthquake, storm, or riot, or when solid waste is accumulating at set -out sites for more than a week). FRANCHISEE shall charge COUNTY no more than what FRANCHISEE charges its customers for the same frequency and capacity of service, unless Director authorizes different charges upon request of and cost substantiation by FRANCHISE. Upon request of COUNTY, FRANCHISEE shall give COUNTY, California or Federal officials information that is related to cost of providing the emergency services (such as number or amount of vehicles, fuel, employees, tonnage and disposal fees). F. Franchisee -Selected Solid Waste Facilities. Unless COUNTY designates one or more solid waste facilities under Section 3G, FRANCHISEE shall select solid waste facilities solely in its discretion, including transfer stations and material recovery; composting and disposal facilities; and materials brokers and beneficiators. FRANCHISEE shall notify COUNTY of the solid waste facilities that FRANCHISEE chooses for each respective type of solid waste (refuse, recyclables, bulky items, and any green waste), CEDs, and E -waste. FRANCHISEE must deliver solid waste, CEDs and E -waste only to those facilities. G. Designation. County reserves the right to direct one or more of those materials referenced above to a specified site or facility [within the County] upon agreement with FRANCHISEE on the amount of any additional compensation under the following subsection. 16 2012-FA001 Non -Exclusive Commercial Franchise H. Compensation. COUNTY will compensate FRANCHISEE for any direct costs (such as increased tipping fees) which FRANCHISEE incurs following delivery of materials to a County -designated solid waste facility instead of to a Franchisee -selected solid waste facility. SECTION 4 - SERVICE STANDARDS A. Legal Requirements. FRANCHISEE shall provide franchise services in compliance with law, such as the following: (1) County Code Section 20.72.130 Hours of Collection; (2) 14 California Code of Regulations 17314 & 17316 (RE maintenance, placement and labeling of containers); (3) FRANCHISEE's waste collector permit issued by the Los Angeles County Department of Public Health, including any recycling plans and waste screening protocols; (4) County Code Section 2.200 County Child Support Compliance Program, ----- ___-- provided in Attachment -4--"Labor-Related Provisions Required in County Contracts (5) County Property Tax Reduction Ordinance in County Code Section 2.206 (unless FRANCHISEE qualifies for an exemption or exclusion) as provided in Section 16D; (6) California Air Resources Board Diesel Particulate Matter Control Measures at 13 CCR 2020 et seq.; and (7) South Coast Air Quality Management District Rule 1193 CLEAN ON - ROAD RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION VEHICLES. "law" means all statutes, regulations, rules, guidelines, permits, actions determinations, order or requirements of regulatory authorities that apply to franchise services or this Agreement, including their future amendments, supplements, replacement, restatement or recodification. "regulatory authority" means a Federal, State or local governmental agency that regulates franchise services, including CA DOT, CA DMV, EDD, COUNTY, COUNTY'S LEA and U.S. Immigration and Naturalization Services, or other health and safety department of the agency. Provisions of law are incorporated into this Agreement by reference as FRANCHISEE's contractual obligations. COUNTY may enforce those provisions not as violations of law (subject to fines or penalties), but as breaches of this 17 2012-FA001 Non -Exclusive Commercial Franchise Agreement (subject to remedies under this Agreement). COUNTY has no obligation to enforce law. B. Spills. FRANCHISEE shall enclose or cover all solid waste that it transports, whether in vehicles, debris boxes, hoppers, compactors, or any other containers. FRANCHISEE shall prevent solid waste from escaping, dropping, spilling, leaking, blowing, sifting, falling, or scattering from vehicles ("spills") during collection and transportation. FRANCHISEE shall not transfer loads from one vehicle to another vehicle unless necessitated by mechanical failure or accidental damage to a vehicle. FRANCHISEE shall immediately clean up any solid waste that it spills onto any alley, street, or public place. C. Leaking. FRANCHISEE shall prevent oil, hydraulic fluid, paint, putrescible waste, or other liquid from leaking from its vehicles or containers. FRANCHISEE shall equip each vehicle with petroleum absorbent agents and other appropriate cleaning agents. FRANCHISEE shall immediately cover, treat, or remove leaked materials from the ground and apply cleaning agent to minimize their adverse impact. D. Noise and Traffic. FRANCHISEE shall collect solid waste in compliance with noise levels prescribed by applicable law, including County Code Section 12.08.520 -Refuse, as quietly as possible and with the least possible disruption to the peace and quiet of the service area. FRANCHISEE shall perform franchise services so as to cause the least possible obstruction and inconvenience to public traffic. E. Customer Correspondence and Other Materials. FRANCHISEE shall submit the following materials to the Director for approval 30 days prior to mailing them to customers: (1) all written materials given to FRANCHISEE'S customers (other than with respect to an individual customer's service disputes, questions, or complaints), and (2) all materials that reference franchise services, such as sales brochures; commercial advertisements, and news releases. F. Responsiveness to County. FRANCHISEE shall: (1) return telephone calls from COUNTY to the individual who made that call . during County office hours no later than the next County business day; (2) meet with COUNTY during County office hours within one week of COUNTY oral or written request at the location directed by COUNTY; (3) respond to all e-mails from COUNTY within two County business days of receipt; and 18 2012-FA001 Non -Exclusive Commercial Franchise (4) respond to written correspondence from COUNTY within one week of its receipt. "County office hours" means 7 a.m. to 5:30 p.m., Monday through Thursday and 8 a.m. to 4 p.m. on Friday. "County business days" means any day that COUNTY's Department of Public Works is open to do business with the public. G. FRANCHISEE's Representation. On the date of this Agreement, FRANCHISEE has fully complied with all law relating to the procurement of this Agreement, including law relating to conflicts of interest and the County Lobbyist Ordinance, County Code Chapter 2.160 SECTION 5 - PRIVACY A. General. FRANCHISEE shall strictly observe and protect its customers' privacy - and -and--trade- secrets, _--including- --their - rights to privacyunderlaw.- In -addition, FRANCHISEE shall not: (1) reveal to anyone other than COUNTY any information identifying individual customers or the composition or contents of a customer's solid waste without that customer's permission, unless required by law; or (2) market or distribute mailing lists with customers' names and addresses. B. FRANCHISEE shall not assert that any privacy right accorded its customers under law prohibit FRANCHISEE from participating in solid waste characterization studies or waste stream analyses, keeping records, making reports, or assisting COUNTY in meeting any requirements under law. SECTION 6 - UNPERMITTED WASTE SCREENING AND REPORTING A. Unpermitted Waste. "Unpermitted waste" means: (1) materials that are not solid waste, including: • universal waste (materials that the California Department of Toxic Substances Control considers universal waste, including materials listed in 22 CCR 66261.9), • household hazardous waste and other hazardous waste, • medical waste, and • radioactive waste; and 19 2012-FA001 Non -Exclusive Commercial Franchise (2) waste tires in excess of the number prescribed in 14 CCR 17355(b,) or reduced in volume as required in 14 CCR 17355(A); and any other materials that cannot be disposed of in class II sanitary landfills described in 27 CCR 20250. B. Prohibition and Protocol. FRANCHISEE is prohibited from collecting any unpermitted waste observed by FRANCHISEE, unless FRANCHISEE is legally licensed to do so. FRANCHISEE shall implement the Unpermitted Waste Screening Protocol included in its Request for Statement of Qualifications. FRANCHISEE shall annually give each of its customer's written material describing its customer education program for safe disposal. C. Reports to Director. If FRANCHISEE observes that any substance it reasonably believes or suspects to contain unpermitted waste has been disposed of or released on any COUNTY or any other public property (including storm drains, streets, or other public rights of way), FRANCHISEE shall use reasonable efforts to report its observation to the Director in addition to reporting it to the appropriate regulatory authority as legally required. Labels : Within- three months after this franchise date FRANCHISEE shall conspicuously label each bin and roll -off box with stickers, embossing, or other secure means, prohibiting customers from discarding unpermitted waste and including illustrative examples. SECTION 7 - CUSTOMER SERVICE A. Standards. FRANCHISEE shall respond to its customers' questions and complaints in accordance with all requirements under law, such as the following: (1) County Code Section 20.72.160 (RE customer service telephone and record-keeping requirements), where, for purposes of this Agreement, the Director shall be deemed the enforcement agency, or (2) 14 CCR Section 17317 (RE placing identifying name and telephone number on containers). B. County's Reimbursement Costs. If any COUNTY employee or other person acting upon direction of the County spends more than the following amounts of time resolving customer complaints, FRANCHISEE shall reimburse COUNTY the County's reimbursement costs therefore: (1) more than one hour in the aggregate resolving complaints from any single customer of FRANCHISEE who states he or she has previously made that complaint to FRANCHISEE; or (2) more than one hour in any work week (Monday through Friday) resolving complaints from different customers of FRANCHISEE. 20 2012-FA001 Non -Exclusive Commercial Franchise C. Customer Subscription. 1. Provide to Customers "Customer Subscription Order" means Customer Subscription Order Form in Franchisee Application. "Customer Bill of Rights" means the Customer Bill of Rights in substantially the form of Exhibit No. C. Before beginning franchise services FRANCHISEE shall give each customer: (1) Customer Subscription Order, (2) Customer Bill of Rights, and (3) the most recent bi-annual newsletter (see Attachment 1, Section D1). FRANCHISEE may require those customers for whom FRANCHISEE is required to operate vehicles on private property to sign a Subscription Order containing a waiver of liability with respect to damage to private driveways or pavement, in form approved by COUNTY. FRANCHISEE shall include on its customer invoices (other than invoices to roll- off customers): (1) the address of the website that provides a summary of the Customer Bill of Rights, general Customer Subscription Order, and (2) directions on how to obtain a complete copy of a customer's Customer Service Order. 2. No Evergreen. FRANCHISEE shall not include in the terms of customer subscription orders or other service contract with its customers any automatic renewals or extensions, colloquially referred to as "evergreen" clauses, which obligate a customer to take affirmative, prescribed action in order to terminate the subscription order (such as giving written notice within a specified time period before the stated expiration of the subscription order). 3. Term Limitation. FRANCHISEE shall limit the terms of customer subscription orders to no longer than the remaining term of this Agreement. 4. Termination Option and Rights. 21 2012-FA001 Non -Exclusive Commercial Franchise (1) FRANCHISEE shall give each customer the option to terminate its customer subscription order without cause on 90 days notice to FRANCHISEE, if the customer is not delinquent in paying any fees for franchise services, and regardless of the following: 1. the term of a customer subscription order, or 2. whether or not the customer subscription order explicitly gives customer this termination right. (2) FRANCHISEE shall also give each of its customers the right to terminate service immediately in the event of emergency, or within two weeks if FRANCHISEE: • fails to provide franchise services in accordance with the terms of this Agreement or any agreement between the customer and FRANCHISEE; or • bills the customer for charges in excess of those agreed upon between the customer and FRANCHISEE. 5. No Charges. FRANCHISEE shall not impose a charge on a customer that terminates franchise service with or without cause, including liquidated damages, penalties, or bin or roll -off box removal fees. 6. Amended Customer Subscription Orders. However, FRANCHISEE shall do the following: • as of this franchise date, FRANCHISEE shall give customers a Bill of Rights explaining the evergreen prohibition and customers' termination rights; and • within 6 months of this franchise date FRANCHISEE shall amend its subscription orders to explicitly delete any evergreen provisions and grant customers their termination rights described in this Section. D. Repair and Replacement of Containers. Within two weeks of customer request or County direction, FRANCHISEE shall repair or replace containers that are damaged or constitute a threat to public health and safety (including keeping out rodents, flies, and other vectors). FRANCHISEE shall provide additional containers upon customer request. FRANCHISEE shall be bound by COUNTY's determination of whether a container is damaged or constitutes a threat to public health or safety. FRANCHISEE may charge customer for replacement of a recyclables cart. E. Overloaded Containers. If FRANCHISEE determines that a container is repeatedly filled beyond capacity, FRANCHISEE shall attach a notice to the 22 2012-FA001 Non -Exclusive Commercial Franchise container warning that FRANCHISEE will not collect the container the next time it is overloaded. In its quarterly report FRANCHISEE shall give the County a copy of the notice and indicate: (1) the service location, and (2) date of the infraction. FRANCHISEE shall not refuse to collect from container unless it previously: (1) attached a warning notice to the container and (2) gave a copy to the County. F. Litter Cleanup. FRANCHISEE shall clean up all litter caused by FRANCHISEE, including during collection and transport. FRANCHISEE shall staff and equip each collection vehicle with a broom and dust pan. G. Graffiti. FRANCHISEE shall remove graffiti from all containers, paint over graffiti on all containers, or replace containers with graffiti -free containers, within two County business days of: (1) observation by FRANCHISEE'S drivers; or (2) Director's request. SECTION 8 — OWNERSHIP OF SOLID WASTE; DISCLAIMERS A. Ownership. This Agreement does not purport to grant FRANCHISEE or COUNTY ownership over materials that FRANCHISEE's customers discard for pickup by FRANCHISEE or that FRANCHISEE handles under this Agreement. The right to possession or ownership of those materials shall be determined in accordance with law and any agreement between FRANCHISEE and its customers, and not as a result of this Agreement. Parties acknowledge that COUNTY has no ownership rights in solid waste or revenue from sale of recyclables. B. Disclaimer. COUNTY makes no representations or warranties with respect to characterization of solid waste within the COUNTY, any solid waste disposal characterization study, or projections by material type with respect to solid waste in the COUNTY. COUNTY expressly disclaims any representations and warranties, either express or implied, as to the merchantability or fitness of solid waste for any particular purpose. SECTION 9 - SETTING RATES AND CUSTOMER BILLING FRANCHISEE shall set, bill and collect fees for franchise services as agreed to with its customers. SECTION 10 - FRANCHISEE RECORDS; AUDITS 23 2012-FA001 Non -Exclusive Commercial Franchise A. Record Maintenance and Retention. "records" means any type of documentation relating to franchise services, including: (1) customer subscription orders and invoices, (2) complaint logs and customer correspondence; (3) weight tickets and receipts from solid waste facilities (including solid waste processing residual); (4) route maps and schedules, in sufficient detail to allocate solid waste collected within County and outside County on the same route; (5) receipts from recyclables, CED and E -waste transporters, shippers, brokers, beneficiators remanufacturers and purchasers, and (6) with respect to roll -off containers: ® encroachment permits required by law, O container capacity, and ® frequency of container collection. 1. Legal Requirements. FRANCHISEE shall maintain all records required under law, including: (1) records pertaining to solid waste collection, and disposal under County Code Section 20.72.160; and (2) records under Attachment 4. 2. Inter-iurisdictional Routes a. Acknowledgement. FRANCHISEE acknowledges that if FRANCHISEE erroneously attributes solid waste that FRANCHISEE collects in incorporated cities, other counties or Garbage Disposal Districts with solid waste that FRANCHISEE collects in the unincorporated areas of the COUNTY under this Agreement, then the COUNTY may be subject to fines for failure to divert solid waste from landfill disposal as required under AB 939. b. Obligation. FRANCHISEE shall comply with 14 CCR 18808.7 and maintain records used to prepare reports submitted to COUNTY, including jurisdiction of origin necessary to determine the weight of solid waste that FRANCHISEE collects in the service area. FRANCHISEE shall document the method by which it allocates solid waste collection route that includes a jurisdiction other than the COUNTY. 3. Disposal Records. FRANCHISEE acknowledges that COUNTY may need to respond to claims (including superfund claims under CERCLA) 24 2012-FA001 Non -Exclusive Commercial Franchise with respect to disposal of materials that FRANCHISEE handled under this Agreement. FRANCHISEE shall maintain records thereof, including: (1) quantity of solid waste collected under this Agreement; and (2) disposal location and its owner or operator (such as landfill; and incineration, composting or processing facility; or materials broker or purchaser.) FRANCHISEE shall retain those records for a period of at least five years after the expiration or termination of this Agreement. Thereafter, FRANCHISEE shall notify the Director at least 30 days before destroying those records. 4. Complaint Logs. FRANCHISEE shall enter, log, and maintain records of all complaints and their resolution in computerized format. At COUNTY'S request, FRANCHISEE shall immediately e-mail COUNTY those records and a complaining customer's subscription information. B. County Custody. If the Director believes that records may be lost, discarded, or destroyed, the Director may direct the FRANCHISEE to give COUNTY access to and custody of those records. FRANCHISEE shall promptly comply. C. Inspection and Audit. COUNTY, its staff and outside auditors may inspect, audit, and copy all records at FRANCHISEE'S office: (1) Notice: after advising FRANCHISEE by telephone or in writing five days in advance (or in extraordinary circumstances, less than five days), (2) Day: on any weekday (other than a County -recognized holiday), and (3) Hours: between the hours of 8 a.m. to 5 p.m. weekdays, and 8 a.m. to noon Saturdays. If FRANCHISEE's office is outside the COUNTY, FRANCHISEE shall promptly provide copies of those records to COUNTY at COUNTY'S offices. Within 30 days of COUNTY request, FRANCHISEE shall reimburse COUNTY for County's reimbursement cost of audit and copying expenses if the audit reveals a discrepancy of three percent or more between the amount contained in the records of the FRANCHISEE or a regulatory authority (such as the tons of solid waste collected and disposed or diverted, or the amount of FRANCHISEE'S gross receipts) and: (1) amount reported or paid to COUNTY; or (2) amount in any representation that FRANCHISEE made or information that it submitted to COUNTY. 25 2012-FA001 Non -Exclusive Commercial Franchise D. Copies. FRANCHISEE shall provide copies of Customers' names, addresses, and solid waste management service levels and charges to COUNTY promptly upon request. E. Public Records Request. COUNTY shall notify FRANCHISEE as soon as practicable if: (1) Request: COUNTY receives a request to review or copy material that FRANCHISEE has marked "Trade Secret," "Confidential", or "Proprietary" in which event FRANCHISEE may present arguments and facts to COUNTY in support of FRANCHISEE'S position that the material is entitled to an exemption from disclosure under the State Public Records Act and should not be released; (2) Non -Exemption: COUNTY determines that the material is not entitled to an exemption from disclosure and that it must be released, in which event FRANCHISEE may seek a court order enjoining that release; and (3) Exemption and Action: COUNTY determines that the material is entitled to an exemption from disclosure and the one who requested the material files a legal action seeking its release. If any legal action is filed, FRANCHISEE shall either file a motion to intervene in the action or shall accept the release of the material by COUNTY. COUNTY has no obligation to defend the action and will release the material sought, without liability to FRANCHISEE, should FRANCHISEE fail to intervene in said action. (4) Within 30 days of following COUNTY's request, FRANCHISEE shall pay County's Reimbursement Costs incurred with respect to any Public Record Request for FRANCHISEE's documents. SECTION 11 -COUNTY'S DIVERSION PRIORITIES A. Acknowledgements. FRANCHISEE acknowledges that one of COUNTY's primary reasons for entering into this Agreement is to implement recycling programs at commercial and multifamily premises. FRANCHISEE shall use its best efforts to implement measures intended to achieve COUNTY's source reduction, recycling, and waste stream diversion goals for solid waste it collects. FRANCHISEE shall use its best efforts to divert solid waste from disposal and cooperate with COUNTY in conducting solid waste characterization studies and waste stream audits. B. Recycling and Waste Diversion Plan. FRANCHISEE shall implement the Recycling and Waste Diversion Plan in its Request for Statement of Qualifications. Within one year from the date of this Agreement and each following year FRANCHISEE shall submit to the Director a 26 2012-FA001 Non -Exclusive Commercial Franchise report demonstrating FRANCHISEE'S implementation of its Recycling and Waste Diversion Plan. C. Scavenging- Discouragement. FRANCHISEE shall use reasonable efforts to enforce anti -scavenging laws, including: (1) Instituting civil actions against anyone alleged to have violated California Public Resources Code Section 41950 for treble damages, as measured by the value of the material removed, or a civil penalty of not more than $1,000.00, whichever is greater, for each unauthorized removal, under California Public Resources Code Section 41953; and (2) Taking actions under County Code Section 20.72.196 to discourage scavenging. SECTION 12 - REPORTS A. Types and Content. FRANCHISEE shall give COUNTY reports at COUNTY'S address provided for notices under Section 18C of this Agreement in format (such as electronic) and content required by COUNTY. 1. Quarterly Reports. Within 30 days following the end of each quarter of the year, FRANCHISEE shall submit to COUNTY a combined report for each of the prior quarters in a format satisfactory to the County. Upon COUNTY request, FRANCHISEE shall provide its customer service list, including: (1) current and closed accounts, account numbers, and upon COUNTY further request, name associated with each account, (2) customer addresses, (3) level of service provided at each address, (4) additional services provided, (5) billing and payment dates, (6) incidents when FRANCHISEE left non -collection notices, (7) gross receipts from each customer, and (8) any other information associated with franchise services as requested by the Director. 2. Annual Report. On or before each August 1st, FRANCHISEE shall submit a report for the prior year to COUNTY in a format and media, and with content acceptable to the County, such as vehicle lists, discussion of recycling plan implementation and updated identification of required personnel. 27 2012-FA001 Non -Exclusive Commercial Franchise 3. Legally Required Reports. FRANCHISEE shall file all reports required under law, including County Code Section 20.72.50 (Area, Services, Rates and Schedules). 4. Improper Solicitations. FRANCHISEE shall immediately report any attempt by a COUNTY officer or employee to solicit improper consideration (including in the form of cash; discounts; service; or the provision of travel, entertainment, or tangible gifts), to: (1) COUNTY manager charged with the supervision of the employee; or (2) the COUNTY Fraud Hotline at (800) 554-6861 or www.lacou ntvfraud.org. 5. Changes in Information FRANCHISEE shall update any information submitted in the Request for Statement of Qualifications within 30 days of any change in information, including changes in service, ownership, vehicles, or equipment. B. Additional Information. Promptly upon County request FRANCHISEE shall give County information relating to this Agreement (including substantiation of information submitted in reports to COUNTY). C. Statements and Information. FRANCHISEE represents that the information and documentation submitted by or on behalf of FRANCHISEE to COUNTY in connection with the following was correct and complete in all material respects at the time originally submitted and on the date of this Agreement. (1) applying for and securing its permit issued by the Los Angeles Department of Public Health; and (2) applying for and securing this Agreement. SECTION 13 - INDEMNIFICATION. A. Indemnification. FRANCHISEE shall indemnify COUNTY from and against all liabilities arising out of or in any way connected to this Agreement, including reimbursement to COUNTY for COUNTY liabilities to a third party (such as damages resulting from a suit against COUNTY by a customer). B. Release and Hold Harmless. FRANCHISEE shall release and hold harmless COUNTY from and against all liabilities arising out of or in any way connected to this Agreement, including not seeking reimbursement from COUNTY for Franchisee's liability to a third party (such as damages resulting from a suit against FRANCHISEE by a customer). 28 2012-FA001 Non -Exclusive Commercial Franchise C. Defense. Immediately upon commencement of any lawsuits, claims, complaints, causes of actions, or other demands brought against COUNTY for liabilities arising out of or in any way connected to this Agreement, FRANCHISEE shall: (1) defend COUNTY with counsel approved by COUNTY, or (2) fund County Reimbursement Costs of defense. COUNTY may retain co -counsel at its own cost and expense and FRANCHISEE shall direct FRANCHISEE's counsel to assist and cooperate with COUNTY co -counsel. FRANCHISEE is not obligated to indemnify, release, hold harmless, or defend County if County is found solely negligent by a court of competent jurisdiction after County has exhausted all appeals. D. Definitions. In this section, "COUNTY" includes political subdivisions, agencies, entities, or organizations for which the Board of Supervisors is the governing body; their agents, officers, and employees, elected officials, assigns, volunteers, and special districts (including Garbage Disposal Districts); and each and every one ofthem. They are third -party beneficiaries of provisions of this indemnity: "liabilities" includes: (1) lawsuits, claims, complaints, cause of actions and other demands, (2) citations, fine and other penalties, (3) investigations (such as costs of audits) related to another type of liability (such as a fine), (4) judgments, liens, cleanup orders, and damages in contract or tort, including the following: • personal injury or death, and • property damage, (5) losses, injuries, costs and expenses (including all costs and expenses of litigation, mediation or arbitration), such as the following: • attorneys' fees, whether County Counsel or Franchisee's staff attorneys or outside attorneys, • accountants' fees, whether County Finance Director or outside accounts, • appraisers' fees, • expert witness fees, and • other detriments of every nature and description whatsoever, whether under State of California or federal law. Examples of liabilities arising out of this Agreement include operations, CalOSHA, immigration, enforcement of law, and disposal (unless COUNTY designates the disposal facility). 29 2012-FA001 Non -Exclusive Commercial Franchise Reference to "indemnification" or "indemnity" in this Agreement includes the indemnification, release, hold harmless or defense, or all of them, under this Section. SECTION 14 - INSURANCE. A. Insurance. FRANCHISEE shall obtain insurance that meets the COUNTY's specifications as required by law (including County Code Section 20.70.020) and Attachment No. 3. SECTION 15 - FINANCIAL ASSURANCE. A. Amount. FRANCHISEE shall obtain a performance bond (or other financial assurance acceptable to COUNTY in its sole discretion), payable to COUNTY and meeting COUNTY'S specifications, in the largest of the following amounts: (1) required by law (including County Code Section 20.72.040); (2) on the date of this Agreement, in the initial amount of $25,000, which is established -by the COUNTY, and in each following franchise year (or if there are less than six months in the prior franchise year, that lesser number of months), 110 percent of the following amounts FRANCHISEE paid COUNTY during the first six months of the prior year: ® franchise fees and any other amounts owed to COUNTY (such as AB 939 fees), plus • any other amounts payable to COUNTY, plus ® any liquidated damages; or (3) other amount prescribed by COUNTY. The performance bond must be conditioned on faithful performance by FRANCHISEE of all the FRANCHISEE'S obligations under this Agreement, including payment obligations such as franchise fees. B. Surety. The performance bond must be executed by a corporate surety licensed to transact business (admitted) as a surety in the State of California. The corporate surety must have an A.M. Best Rating of not less than A:VII, unless otherwise approved by COUNTY. C. No Substitution. The performance bond may not allow the bond surety to substitute another person to perform franchise services. The performance bond must provide for payment of moneys to COUNTY, including payment of: (1) franchise fees; 30 2012-FA001 Non -Exclusive Commercial Franchise (2) any liquidated damages, late penalty payments, or County's reimbursement costs; and (3) any amount that FRANCHISEE paid to COUNTY, but is subsequently recovered from COUNTY in any bankruptcy or similar proceedings relating to FRANCHISEE. SECTION 16 - BREACHES AND DEFAULTS; SUSPENSION; TERMINATION; DEBARMENT A. Notice of Breach; Franchisee Cure. "breach" means any failure by FRANCHISEE to meet one or more of its obligations under this Agreement has under this Agreement, If the Director determines that FRANCHISEE is in breach, the Director may give notice to FRANCHISEE identifying and describing the breach. FRANCHISEE may request to confer with COUNTY within 30 days of FRANCHISEE's request. FRANCHISEE shall cure the breach within: (1) 30 days from the receipt of COUNTY'S notice (or with respect to a breach of the Child Support Compliance Program, 90 days after notice by the Los Angeles County's Child Support Services Department), or (2) a shorter period of time determined by COUNTY if COUNTY determines that the public health and safety so require. FRANCHISEE may request additional time to correct the breach, but COUNTY may accept or reject that request in its sole discretion. B. Defaults, Notice, Suspension and Termination 1. Defaults. "default" means any of the defaults described in the table below. 2. Suspension of Agreement Together with any other rights or remedies COUNTY may exercise under this Agreement, the Director may suspend this Agreement, in whole or in part, upon occurrence of default and immediate notice. The suspension shall continue only until FRANCHISEE demonstrates to COUNTY that FRANCHISEE can once again fully perform its obligations under this Agreement. 3. Termination. Together with any other rights or remedies that COUNTY has under this Agreement, the Director may terminate this Agreement 31. 2012-FA001 Non -Exclusive Commercial Franchise effective on the "Termination Date" in whole or in part, upon the occurrence of any default in the following table. However, the Director in his or her sole discretion may choose any longer or shorter "Termination Date" following COUNTY notice to FRANCHISEE upon determination that the public health and safety so require: 32 2012-FA001 Non -Exclusive Commercial Franchise TERMINATION DEFAULT DATE (No. days following COUNTY notice to FRANCHISEE of default) (1) Uncured (1) FRANCHISEE does not cure any breach 30 days or repeated of this Agreement other than breaches breach listed as specific defaults in (2) - (10) of this table, within 30 days of County notice of such breach under Section 16A, unless due to - - uncontrollable -circumstances; or- --- -- (2) FRANCHISEE repeatedly or habitually breaches this Agreement, as determined by the Director in his or her sole discretion, whether or not a FRANCHISEE has previously cured a specific instance of failure or refusal. (2) Failure to Unless due to uncontrollable circumstances, 30 days collect for 7 FRANCHISEE fails to provide franchise days services (other than under Attachment No.2 Roll -off Boxes) for a period of: (1) 7 consecutive days following any scheduled collection date; or (2) 7 days in the aggregate from the date of this Agreement. (3) Failure to FRANCHISEE fails to provide franchise 30 days " collect for services for more than 7 consecutive days, more than whether or not due to uncontrollable 7da s circumstances (4) Payments FRANCHISEE does not fully and timely pay 30 days to County COUNTY any amounts under this Agreement (including payment of franchise fees and liquidated damages): 32 2012-FA001 Non -Exclusive Commercial Franchise 33 2012-FA001 Non -Exclusive Commercial Franchise (1) more than twice in any year; (2) within 30 days of dated correspondence from the COUNTY stating that payment is due; or (3) with respect to payment of a shortfall in franchise fees, within 30 days of dated correspondence from the COUNTY identifying the shortfall. (5) Specified FRANCHISEE breaches any of its 30 days defaults obligations under this Agreement with respect to the following: (1) Child Support Compliance Program (if not cured within 90 days of notice); (2) Compliance with ILO Convention Concerning Minimum Age for Employment; (3) Nondiscrimination; (4) County Lobbyist Ordinance, or (5) County Defaulted Property Tax Ordinance. (6) Improper COUNTY finds that FRANCHISE offered or immediately consideration gave consideration, in any form, either directly or through an intermediary, to any COUNTY officer, employee, or agent: (1) with the intent of securing this Agreement; (2) with the intent of securing favorable treatment with respect to the award, amendment, or extension of this Agreement; or (3) with respect to the making of any determinations by COUNTY with respect to FRANCHISEE'S performance under this Agreement. Consideration may take any form including cash; discounts; service; or the provision of travel, entertainment, or tangible gifts. (7) Material or (1) FRANCHISEE does not remedy a immediately repeated material violation of law directly or violation of indirectly related to: law . franchise services or this Agreement, 33 2012-FA001 Non -Exclusive Commercial Franchise 34 2012-FA001 Non -Exclusive Commercial Franchise • any other agreement with County, or • business administration of FRANCHISEE (such as tax or securities law violations), to the satisfaction of the applicable regulatory authority (including COUNTY when acting as a regulatory authority), within 30 days of the regulatory authority's notice, assessment, or determination of that violation. The Director in his or her sole discretion shall determine materiality. (2) FRANCHISEE repeatedly or habitually violates law, as determined by the Director in his or her sole discretion, whether or not FRANCHISEE has previously cured a specific violation of law. If FRANCHISEE is entitled to and does contest a notice, assessment, or determination of a violation by proceedings conducted in good faith, no default is deemed to have occurred until a final decision adverse to FRANCHISEE is entered. (8) Failure to FRANCHISEE does not meet its obligations immediately meet with respect to insurance and other insurance / assurances of its performance under this bond Agreement. obligations 34 2012-FA001 Non -Exclusive Commercial Franchise (9) Insolvency (1) FRANCHISEE becomes insolvent or or bankruptcy files a voluntary petition to declare bankruptcy; (2) a receiver or trust is appointed for FRANCHISEE; or (3) FRANCHISEE executes an assignment for the benefit of creditors. FRANCHISEE is deemed to be "insolvent" if it has ceased to pay its debts in the ordinary course of business or cannot pay its debts as they become due, whether or not FRANCHISEE has committed an act of bankruptcy and whether or not FRANCHISEE is insolvent within the meaning of the federal bankruptcy law or not. (10) fraud, During the procurement of this Agreement or 30 days misrepresenta after the date of this Agreement, tion, or FRANCHISEE does any of the following with breach of respect to this Agreement or the COUNTY: warranties 1. committed (or commits or attempts to commit) any fraud or deceit, 2. made (or makes) any intentional or material misrepresentations; 3. breaches any warranties, or 4. made or (or makes) any materially false or misleading statement, representation, or warranty. C. FRANCHISEE Responsibility and Debarment. COUNTY may debar FRANCHISEE from contracting or doing business with COUNTY in the following events: (1) after giving public notice and conducting a hearing under County Code Chapter 2.202, COUNTY determines that FRANCHISEE (or any of its subcontractors) is not responsible within the meaning of Chapter 2.202 and in accordance with COUNTY'S policy to do business with responsible contractors; (2) FRANCHISEE does not comply with the Child Support Compliance Program under County Code Section 2.200.020; or (3) FRANCHISEE does not comply with County Defaulted Property Tax Reduction Program. COUNTY may debar FRANCHISEE as provided in Subsection D below. 35 2012-FA001 Non -Exclusive Commercial Franchise D. Termination For Breach of Warranty to Maintain Compliance With County Defaulted Property Tax Reduction Program. 1. Acknowledgement. FRANCHISEE acknowledges that COUNTY has established a goal of ensuring that all individuals and businesses that benefit financially from COUNTY through contract are current in paying their property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon the COUNTY and its taxpayers. Unless FRANCHISEE qualifies for an exemption or exclusion, FRANCHISEE warrants and certifies to the best of its knowledge, that on the date of this Agreement it is in compliance with County Code Chapter 2.206. 2. FRANCHISEE Default. Failure of FRANCHISEE to maintain compliance with the requirements set forth in Subsection D1 constitutes a default under Subsection B. 3. Termination/Debarment. Without limiting COUNTY'S available rights under any other provision of this Agreement, if FRANCHISEE fails to cure a default within ten days of COUNTY notice, COUNTY may: (1) terminate this Agreement under Subsection B, and (2) pursue debarment of FRANCHISEE pursuant to County Code Chapter 2.206 and Subsection C. E. Convenience. 1. COUNTY Right. COUNTY may suspend or terminate all or a portion of this Agreement at any time upon determining, in its sole discretion, that suspension or termination is in its best interest. 2. Notice. Suspension or termination shall become effective on the later of the following dates: (1) the date that COUNTY specifies in notice to FRANCHISEE, or (2) Ten days after COUNTY sends the notice. The notice shall also specify the extent to which this Agreement is suspended or terminated. 3. Stop Providing Franchise Services. After receiving notice FRANCHISEE shall: 36 2012-FA001 Non -Exclusive Commercial Franchise (1) stop providing franchise services on the date and to the extent specified in the notice or as otherwise directed by COUNTY; and (2) continue providing franchise services to the extent (if any) specified in the notice. SECTION 17 - ENFORCEMENT OF AGREEMENT A. As Provided by Law. Either party may avail itself of any remedy available under law. available under this Agreement, in law or at equity, at its option B. County's Additional Remedies. Without limiting COUNTY'S remedies otherwise available under this Agreement, in law or at equity, at its option COUNTY may enforce a breach in one or more of the following ways: (1) if that breach is a default, execute alternative agreements to provide franchise services similar to those under this Agreement; (2) seek to obtain injunctive relief and/or damages; or assess amages: C. Injunctive Relief. FRANCHISEE acknowledges that COUNTY'S remedy of damages for a breach may be inadequate for many reasons, including the urgency of providing franchise services to protect the public health and safety. Consequently, COUNTY is entitled to all available equitable remedies, including injunctive relief. D. Recovery of Damages. COUNTY may draw upon FRANCHISEE's performance bond or any other instrument of performance assurance to pay damages. 1. Compensatory. COUNTY may seek compensatory damages, including: (1) amounts equal to any franchise fees, liquidated damages or other amounts that FRANCHISEE has paid to COUNTY but that are subsequently recovered from COUNTY by a trustee in bankruptcy as preferential payments or otherwise; and (2) the full amount of any commission, percentage, brokerage or contingent fee proscribed under the County Code. 2. Liquidated. The parties acknowledge: (1) COUNTY incurred considerable time and expense procuring this Agreement in order to secure an improved level and quality of recycling and compliance with solid waste diversion mandates; 37 2012-FA001 Non -Exclusive Commercial Franchise (2) Consistent and reliable franchise services, including collection of putrescible wastes that attract vermin and vectors are of the utmost importance to the public health, safety, and well being of residents and businesses in COUNTY; and (3) The following liquidated damages represent a reasonable estimate of the amount of damages, considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to COUNTY that reasonably could be expected and anticipation that proof of actual damages would be costly or inconvenient. SECTION FAILURE(s)* DAMAGES Under cited sections 3C dispose of rec clables or mix them with refuse $100/container 3F, 3G deliver materials to solid waste facilities selected by $300/truck- FRANCHISEE or designated by COUNTY delivery 4A collect during unauthorized hours six or more times $250 peryear Through - provide documentation for COUNTY review or $300/day per out comment; or obtain any COUNTY approval, consent occurrence or or other permission retraction/ correction of misinformation 4B,C,D meet service standards for litter, leaks and noise five $150 or more times per year 4F(1), (3) return COUNTY calls, e-mails or correspondence two $500 & 4 or more times within 30 consecutive days 4F(2) meet with COUNTY two or more times per year $500 6B follow waste screening protocol $500 6D mark any bin and roll -off box with discard prohibitions $50 7C6 timely provide customer with Bill of Rights $100/day per customer 7C6 timely amend its subscription orders with respect to $100/day per the evergreen prohibition and customers' termination customer rights 7C6 terminate customer subscription upon qualifying $100/day per customer's request customer 7D repair or replace containers $500 7E collect or tag overloaded containers $100 7F clean up litter caused by FRANCHISEE $100 7G remove any graffiti within required times $100 10A2 mis-allocate ten percent or more tons of solid waste $5/route-day to Count 10A4 enter log of/maintain/supplyof/maintain/supply complaint records $100 38 2012-FA001 Non -Exclusive Commercial Franchise 10A4 e-mail COUNTY complaint information six or more $100 times/ ear 10C allow COUNTY to inspect, audit or copy records $150/da Attachment any other liquidated damage in Attachment No. 1 or As scheduled in 1 Attachment No. 2 the Attachment Section 10; submit complete and correct information or reports on Until corrected or Through- time: completed: out (1) $200/day (1) quarterly, (2) $300/day (2) annually, (3) $150/day (3) as required by AB 939 or County Code, or (4) $100/day 4 any other time required under this Agreement. *Reference to "failure" refers to each occurrence of specified breach (such as for each customer and each customer's bin and roll -off box set out site, record entry, or complaint) and not for aggregate occurrences of those breaches (such as for all customers on a given route or day). By placing its initials below, each party specifically confirms: (1) the accuracy of the statements made in this Subsection; and (2) that it has had ample opportunity to consult with legal counsel and obtain an explanation of liquidated damage provisions prior to signing this Agreement. FRANCHISEE COUNTY Initial Here:. Initial Here: E. County's Reimbursement Costs. FRANCHISEE shall pay COUNTY promptly upon Director's request County's reimbursement costs of: (1) conducting a nonroutine investigation of any alleged breach; and (2) incurred as a consequence of breach. F. Waiver. COUNTY's waiver of any specific breach is not a waiver of any other breach of that same provision. COUNTY's failure to enforce this Agreement is not a waiver of any breach. 61MM1[d;sY•Mr]:111:1:L1NaZHV/61MzK A. Independent Status. FRANCHISEE is an independent entity and not an officer, agent, servant, or employee of COUNTY. This Agreement is between COUNTY and FRANCHISEE and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association between COUNTY and FRANCHISEE, including for purposes of 39 2012-FA001 Non -Exclusive Commercial Franchise workers' compensation. FRANCHISEE is solely responsible for the acts and omissions of its officers, agents, employees, and any subcontractors. B. Venue, Service of Process. In the event of litigation between the parties, venue shall lie exclusively as follows with respect to litigation in California courts, trial courts located in the COUNTY, or with respect to litigation in a United States District Court, located in the Central District of California. FRANCHISEE shall accept service of process at the address provided for notices from COUNTY under this Agreement. C. Notices. "notices" (or other variations thereof, such as "notify) given by either party to the other under this Agreement must be: (1) Written: in writing, (2) Means: delivered by the following means (which shall be effective at the following times): O personal delivery (effective immediately); sent by_e mail_with read" receipt or telecopier with "transmission" receipt (effective immediately); or registered or certified mail, return receipt requested, (effective three days after mailing); (3) Address: addressed as follows (or to other address provided by a party, dated and acknowledged by the other party): • with respect to the COUNTY: County of Los Angeles Department of Public Works Environmental Programs Division 900 South Fremont Avenue Alhambra, CA 91803 Attn: County's Authorized Representative: Paul Alva Facsimile Number: 626.458.3569 E-mail: Palva(a)dpw.lacounty.gov with respect to FRANCHISEE, to the individual contact and address provided in the Request for Statement of Qualifications SECTION 19 - DEFINITIONS AND INTERPRETATION OF AGREEMENT A. Definitions. For ease of reading, most words that are defined terms in this Agreement are not capitalized. Words in this Agreement have the meanings given in the References or text of this Agreement, regardless of whether or not they are capitalized. 40 2012-FA001 Non -Exclusive Commercial Franchise B. Construction. If any provision of Sections 1 through 20 of this Agreement or its References is inconsistent or conflicts with any attachment or exhibit (other than Attachments No. 1 and No. 2), then the provision governs unless the Director determines that it is contrary to the public health and safety or other public interest. C. Integration. This Agreement contains the entire agreement between the parties with respect to their rights and responsibilities under this Agreement. This Agreement completely and fully supersedes all prior oral and written understandings and agreements between the parties with respect to those rights and responsibilities. However, the parties acknowledge that the following are incorporated in this Agreement by reference: (1) portions of the Request for Statement of Qualifications referenced in this Agreement; and (2) provisions of law under Section 4A. D. Governing Law. This Agreement is governed by, and construed and enforced in accordance with, the law of the State of California, without giving effect to the State's principles of conflicts of laws. E. Severability. If any provision of this Agreement (other than with respect to COUNTY designation of a solid waste facility) is ruled illegal, invalid, nonbinding or unenforceable by any court of competent jurisdiction, it is severed from this Agreement and this Agreement must be construed as if it did not exist. F. Interpretation. This Agreement shall be interpreted and construed neither for nor against either party, regardless of the degree to which either party participated in its drafting. FRANCHISEE acknowledges that it determined to provide franchise services and to enter into this Agreement upon its own choice and initiative. Each party represents and warrants that it and its counsel have reviewed this Agreement. FRANCHISEE shall not make any claim against COUNTY based on any estimates, statements or interpretations made by any officer, employee, agent, or consultant of COUNTY in connection with the procurement of this Agreement, which proves to be wrong in any respect. SECTION 20 - EXECUTION OF AGREEMENT A. Execution in Counterparts. This Agreement may be signed in any number of original counterparts, which constitute but one and the same agreement. B. Authority to Execute. Each party respectively warrants as follows: 41 2012-FA001 Non -Exclusive Commercial Franchise (1) It has duly authorized the individual below to sign this Agreement on its behalf, and (2) that individual has the full right, power, and authority to bind its related party to this Agreement. IN WITNESS WHEREOF, by order of its Board of Supervisors COUNTY has caused Director of Public Works to sign this Agreement, and FRANCHISEE has caused its duly authorized officers to sign this Agreement, on the respective dates written below their names. APPROVED AS TO FORM: JOHN F. KRATTLI Acting County Counsel m Deputy COUNTY OF LOS ANGELES M Director of Public Works Date CONSOLIDATED DISPOSAL SERVICES, LLC T /0 7`t v,✓ Type or Print NarDe By Its'Sec ii`etary b ie e n :�B,S�f'k % Type or Print Name 42 2012-FA001 Non -Exclusive Commercial Franchise State of California County of LO / ► I1fG fL /, On l before me, Dz,rfllly� J ✓yt1O1� ✓ z� tat/ /cot J11G -� (Here insertmare and title of the c icer) personally appeared rn- AZ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. z No DONNA PERMOD Commission � 1836392 tart' Public - Catitomfa h Los Angeles County My comm. Ex im Marti , 2013 Yom-rbc^ bx (Notary Seal) L ADDITIONAL OPTIONAL INFORMATION DES�x RIPTION OF THE ATTACHED DOCUMENT phi-CCet.I 66/7L . - /—(Title or description of attached doocc}'n1cm)-- (Title or description of attached docume contii Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form most be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as _may be printed on such a document so long as the verbiage does nrequ ot ire die notary to da sornediirig (hat is il)egal far a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully far proper notarial wording and attach this forni ifreguired. • State and County information must be the State and County where die document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural fors by crossing off incorrect fairs (i.e. Wshe(they,- is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-scal if a sufficient area perinits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document tothe signed document ARIZONA ALL-PURPOSE ACKNOWLEDGMENT State of Arizona Counnty of On � Lwf. el,beforeme, 0�'i(o -Beni'l personally appeared (22 V1 - S'm (fir ER personally known tome -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Notary Public State of Arizona Maricopa County WITNESS my hand and official seal. Jessica Ann Beatty_ My Commission Expires 05125/2014 Notary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR O HER: C!INS SIGNER IS PRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT General Indemnity Agreement dated Lincoln General Insurance Company ATTACHMENT NO. 1 (Section 3A) - FRANCHISE SERVICES A. MANDATORY RECYCLING. Service Options. FRANCHISEE shall provide each customer that must receive recyclables collection service under law, including provisions attached as Exhibit D, one of the following recycling service options without additional charge: (1) a one cubic yard recyclable bin, collected weekly; (2) if customer does not have space for storing a one cubic yard bin, then upon customer request, up to two -96 gallon recyclable carts; or (3) any other recycling program allowed under Exhibit D, such as processing solid waste at a MRF to recover recyclables. Within four months of COUNTY direction, FRANCHISEE shall also - - provide each -customer -identified by COUNTY with one of the preceding recycling service options, without charge. For example, COUNTY may direct FRANCHISEE to provide recycling service for customers that discards less than 4 cubic yards of refuse per week. FRANCHISEE shall provide recycling service whether or not customer requests it. 2. Additional Recycling Services and Charges. If FRANCHISEE provides service options (1) or (2) in subsection Al, within one week of a customer's request, FRANCHISEE shall provide that customer with an additional container of the type and in the capacity requested by the customer and collect it at the frequency requested by the customer. FRANCHISEE shall charge customer 1/2 of the rate it charges for the same type and capacity of refuse container and same frequency of refuse collection service. FRANCHISEE shall not identify or itemize any charge for recycling for customer, including on customers invoices. 3. Diversion. FRANCHISEE shall collect and recycle or otherwise divert from disposal the recyclables discarded in these containers. B. VOLUNTARY RECYCLING. Within one week of request by a customer that is not subject to mandatory recycling service under Subsection A, FRANCHISEE shall provide customer the franchise services described in Subsection A above. C. VISIT AND AUDIT, FRANCHISEE's Recycling Coordinator described in Subsection D2 (or other individual trained and supervised by the Recycling 43 2012-FA001 Non -Exclusive Commercial Franchise Coordinator) shall visit the premises of FRANCHISEE's customers that are subject to mandatory recycling services under Subsection A at the following times: (1) during the first 12 months after this franchise date, all customers; and (2) after those first 12 months, each of those customers every other franchise year; or (3) at the frequency required by law. At each visit, FRANCHISEE shall conduct the following audit, without additional charge: (1) review the customer's franchise service subscription, including the number and size of customer's bins and roll -off boxes for refuse and recyclables, respectively, and collection frequency; (2) conduct a waste characterization by visually inspecting customer's discards and estimating amount of recyclables and refuse; (3)__ _ _ note_any_other recycling programs, such as self -hauling recyclables to a MRF or subscribing to third -party recycling services (such as corrugated cardboard collection); (4) develop and recommend a waste reduction and recycling plan based on business type and/or multifamily that the customer could implement to reduce and divert solid waste, as well as available solid waste diversion programs; and collection frequency, and provide a written copy of such practices; (5) make any recommendations in writing to change the customer's franchise service subscription, including changing the number, size, and type (such as solid waste or recyclables) or collection frequency of containers in order to provide adequate refuse disposal service but also maximize recyclables diversion; (6) check each customer's containers to monitor: • Participation: recyclables discarded in refuse containers, and • Contamination: refuse and other contaminating materials discarded in recyclables containers; (7) Identify manufacturing or processing residual, and estimate its volume, (8) check customer's premises for posting of educational materials required under FRANCHISEE'S Recycling and Waste Diversion Plan in its Request for Statement of Qualifications, such as recycling posters in multifamily common rooms; (9) identify why a customer is not recycling, for example: • zoning conflicts, ■ lack of storage space, 44 2012-FA001 Non -Exclusive Commercial Franchise • lack of markets, • non generation of recyclable materials, • customer with verifiable recycling program, or • unwillingness; and (10) Investigate other matters requested by County. If FRANCHISEE'S auditor is unable to meet with someone at customer's premises who is authorized to order franchise services, or if a business is closed, FRANCHISEE shall leave a "Sorry we missed you card" with contact information and recycling information acceptable to COUNTY. FRANCHISEE's auditor shall note the date and time of his or her visit and return again within ten days of that date. FRANCHISEE shall visit all of its customers each year. 2. Report. FRANCHISEE shall submit an audit report to COUNTY quarterly or within one week of COUNTY request, including: (1) date of visit to customer's premises; (2) - - address and type of premises; - - - - - - (3) the customer's service subscription at the time of the visit (including number, size, and type - such as solid waste or recyclables - or collection frequency); (4) any FRANCHISEE recommendations to increase solid waste reduction and recycling/diversion; and (5) any additional information requested by the Director. FRANCHISEE shall use reasonable efforts to complete and to submit reports electronically. 3. Information. Within one week of COUNTY request, FRANCHISE shall submit a copy of the information on solid waste reduction and diversion practices and any recommendation that FRANCHISEE provides to any customer. D. CUSTOMER EDUCATION AND OUTREACH Bi -annual Newsletter. Twice each year, FRANCHISEE shall prepare promotional and educational materials/newsletters in the bilingual form required by the Director promoting solid waste reduction, recycling, and diversion. FRANCHISEE shall submit the materials to Director for review on each January 1 and July 1. Within 30 days of Director's accepting the materials FRANCHISEE shall distribute them to its customers, which may be electronically, upon customer request: (1) via the U.S. Postal Service with prepaid postage, or 45 2012-FA001 Non -Exclusive Commercial Franchise (2) door-to-door delivery service to customer's premises. FRANCHISEE shall also distribute them to new customers together with the Customer Subscription Form and Customer Bill of Rights. 2. Recycling Coordinator. FRANCHISEE shall employ or retain an individual qualified to conduct customer waste surveys and developing site-specific plans for recycling, reduction, and diversion of solid waste generated by customers. "Recycling Coordinator' means the person described in this Subsection. E. VEHICLES. FRANCHISEE shall give COUNTY a list of all vehicles that FRANCHISEE uses to provide services under this Agreement on the date of this Agreement. FRANCHISEE shall give COUNTY an updated list annually or upon one week's request of COUNTY. FRANCHISEE shall provide franchise services with vehicles that comply with law, including: - (1)- -South Coast Air Quality Management District rules and regulations, including Rule 1193, Clean On -Road Residential and Commercial Refuse Vehicles; (2) California Health and Safety Code Section 43000 et seq., with respect to air emissions (smog checks); (3) California Vehicle Code Section 27456b, with respect to tires; (4) California Vehicle Code Section 34500 et seq., with respect to vehicle safety, including bi-annual "BIT" inspections conducted by the California Highway Patrol; (5) rules and regulations promulgated under the California Vehicle Code with respect to vehicle highway lighting, flashing, and warning lights, clearance lights, and warning flags; (6) rules and regulations of the California Department of Motor Vehicles with respect to vehicle registration and weight limits; (7) the appropriate class of drivers' licenses issued by the California Department of Motor Vehicles; (8) Control Measure for Diesel Particulate Matter from On -road Heavy - Duty Residential and Commercial Solid Waste Collection Vehicles, 13 CCR 2020 et seq.; (9) 14 CCR 17341, 17342, 17343, and 17344, with respect to equipment construction, safety, and parking and identification of operating equipment; (10) permit conditions under County Code Section 20.68.050 , and (11) decals 46 2012-FA001 Non -Exclusive Commercial Franchise F. SPECIAL SERVICES FOR RESIDENTIAL AND MULTIFAMILY CUSTOMERS. FRANCHISEE shall provide the franchise services prescribed in this Section without additional charge to its residential and multifamily customers. 1. Holiday Tree Collection. FRANCHISEE shall collect, transport, process, and divert all holiday trees such as Christmas trees and Hanukkah bushes discarded at any customer's container set -out site, on or before the customer's next regularly scheduled collection day: (1) during the period beginning December 26 and ending January 14, or (2) another period established by COUNTY not to exceed three weeks, and at a Customer's request. Holiday trees must stripped of ornaments, garlands, tinsel, flocking, and stands. 2. Bulky Items. E -waste, and CEDs Collection. FRANCHISEE shall provide bulky item, E -waste and CEDs collection to customers through service option b or c in subsection F2 below and shall inform the County of -- the selected -service -option -per customer through the Quarterly Report. a. "bulky item". "bulky item" means any large item of solid waste that can be safely lifted by two individuals using a dolly, including the following: (1) discarded furniture (such as chairs, sofas, mattresses and rugs); (2) appliances (such as refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing and other similar items commonly known as "white goods"); and (3) up to two fires per customer from passenger cars or pickup trucks. b. Five On -Call Pickups Per Year Without Additional Charge; Additional Pickups. FRANCHISEE shall collect no more than five bulky items and unlimited E -waste and CEDs per pick up upon 24 hours advance request of a residential or multifamily customer on that customer's next regularly scheduled collection day or other date agreed to between that customer and FRANCHISEE, at that customer's regular site for placing solid waste containers but not in any roadway or other public right of way. FRANCHISEE shall collect those materials without charge five times each year, but may charge amounts agreed to between FRANCHISEE and customer 47 2012-FA001 Non -Exclusive Commercial Franchise for a 6th or more time that same year. "Customer" does not include individual tenants in a multifamily residence. FRANCHISE shall use reasonable efforts to recycle bulky items, E -waste and CEDs. C, Annual Cleanup Event. FRANCHISEE shall collect unlimited amounts of bulky items and E - waste and CEDs of a residential or multifamily customer on the date agreed to between that customer and FRANCHISEE, at that customer's regular site for placing solid wastecontainers but not in any roadway or other public right of way. FRANCHISEE shall collect those materials at no charge. d. Personal Contact Annually. At least once each year FRANCHISEE shall talk with or meet in person the owner or superintendant of a multifamily residence and schedule the annual cleanup event. Leaving voice mail messages or_sending_e-mails_to_which no one responds does not satisfy this obligation. 3. Sharps Program a. Distribution of Storage and Mailing Containers. Within one week of a residential or multifamily customer's request or multifamily customer's tenants' request for the following franchise services, FRANCHISEE shall provide customer or tenant at that customer's premise, without additional charge to that customer, the tenant or the COUNTY, with one to four container(s) satisfactory to County that has at least a one gallon capacity for discard of sharps. On each container FRANCHISEE shall attach information acceptable to County on the manner (including locations) in which the customer or tenant can dispose of sharps in accordance with applicable law. b. "Sharps". "Sharps" means any item generated by a residential or multifamily customer at their premises having corners, edges, or projections capable of cutting or piercing the skin to deliver injections or for medical purposes, including: (1) hypodermic, pen or intravenous needles, (2) needles with syringes, (3) needles from vacutainers, (4) needles with attached tubing, and (5) lancets. 48 2012-FA001 Non -Exclusive Commercial Franchise G. SPECIAL SERVICES FOR COMMERCIAL CUSTOMERS. 1. On -Call Pickups for Commercial Customers with Additional Charge. FRANCHISEE shall collect unlimited amounts of bulky items, E -waste, and CEDs upon 24 hours advance request of a commercial customer who subscribes to franchise service for commercial premises, on that customer's next regularly scheduled collection day or other date agreed to between that customer and FRANCHISEE for the charge agreed to between FRANCHISEE and customer. H. FOOD DIVERSION PLAN. 1. Director -approved Plan. Within three months from the date of this agreement FRANCHISEE shall give the Director a plan for diverting solid waste comprised of food waste generated at commercial customers' premises. Examples of diversion include arranging for delivery to food banks, and composting or bioconversion process. Examples of -- -commercial customers premises include:_ (1) the following businesses identified by Office of the Assessor property use classification codes: • 1400-1420: Supermarkets, Small Food Stores • 2100-2120: Restaurants, Fast Food Restaurants (Walk Up and Drive Up) • 3400-3420: Food Processing Plants • 6100-6900: Theaters, Bowling Alleys, Athletic and Amusement Facilities • 7200-7202: Private Schools • 7500: Homes for Aged and Others, and (2) other businesses identified by COUNTY: FRANCHISEE shall incorporate Director's comments on the plan, if any, into the plan. 2. Service. Upon a commercial customer's request, FRANCHISEE shall provided services described in its food diversion plan, subject to agreement with the customer on any additional charge. 3. Customer Information: Containers. Prior to commencing service, FRANCHISEE shall: 49 2012-FA001 Non -Exclusive Commercial Franchise (1) inform each applicable customer of program implementation (including discard and set -out instructions, collection schedules, commencement date and cost, if applicable); and (2) provide customers with sufficient number and capacity of containers to store discarded food waste pending collection. 4. Plan Implementation. Within six months from the date of this Agreement, FRANCHISEE shall begin diverting food under its Director - accepted plan. 50 2012-FA001 Non -Exclusive Commercial Franchise Left Intentionally Blank 51 2012-FA001 Non -Exclusive Commercial Franchise ATTACHMENT NO.2 (Section 3A) - FRANCHISE SERVICES AND SERVICE SPECIFICATIONS FOR ROLL -OFF BOXES A. Container delivery. FRANCHISEE shall deliver a bin or roll -off box to any set - out site, at any time, and at a charge agreed to, between FRANCHISEE and customer. FRANCHISEE shall not leave the roll -off box or bin unless the customer provides FRANCHISEE with a copy of any encroachment permit required under County Code. Customers may keep on-call roll -off boxes for five weekdays or other time as agreed to between FRANCHISEE and Customer, not counting the delivery and removal days. B. Container pick up. FRANCHISEE shall pick up the bin or roll -off box at a time agreed to with customer. C. Diversion. FRANCHISEE shall use reasonable efforts to divert all materials that -it-collects underSubsectionB above._ FRANCHISEE shall divert soil, rock and gravel; other C&D debris, and inert materials at the levels prescribed in County Code 20.87.040. FRANCHISEE shall transport and deliver materials that cannot be diverted to the FRANCHISEE -selected or COUNTY designated solid waste facility. 52 2012-FA001 Non -Exclusive Commercial Franchise ATTACHMENT NO. 3 (Section 14) INSURANCE REQUIREMENTS A. PROGRAMS. Without limiting its indemnities, and in the performance of this Agreement and until all of its obligations pursuant to this Agreement have been met, FRANCHISEE shall provide and maintain the following programs of insurance at its own expense. Obligations under this attachment are in addition to and separate from any other obligation in this Agreement. COUNTY reserves the right to review and adjust the insurance requirements in this attachment if County determines that there have been changes in risk exposures. COUNTY makes no warranty that the insurance coverage terms, types and limits in this attachment is sufficient to protect the FRANCHISEE for liabilities that may arise from or in relation to this Agreement. Primary, Excess, Non -Contributory. All FRANCHISEE'S insurance shall be primary with respect to any other insurance or self-insurance programs available to COUNTY. 2. Cancellation of or Changes in Insurance. FRANCHISEE shall provide ----- --COUNTY --with,-or--F-RANCHISEE's insurance policies shall contain a provision that COUNTY shall receive, written notice of: 1. Cancellation of required insurance, or 2. any change in required insurance, including • insurer, limits of coverage, term of coverage. or policy period. FRANCHISEE shall provide the written notice to COUNTY at least: 1. days in advance of cancellation for nonpayment of premium and 2. 30 days in advance for any other cancellation or policy change. The written notice cannot include language with respect to "endeavor" or exculpation for "failure to do so". Noncompliance. Neither the County's failure to obtain, nor the COUNTY'S receipt of, or failure to object to a noncomplying insurance certificate or endorsement or any other insurance documentation or information provided by the FRANCHISEE, its insurance broker(s) and/or insurer(s), shall be construed as a waiver of any obligation under this attachment. If FRANCHISEE does not provide and maintain those programs of insurance, COUNTY may elect to purchase required insurance coverage without further notice to FRANCHISEE, and COUNTY may charge FRANCHISEE any premium costs advanced by COUNTY for 53 2012-FA001 Non -Exclusive Commercial Franchise that insurance and draw on the performance bond, letter, of credit, or other form of performance assurance provided by FRANCHISEE. FRANCHISEE must comply with all terms of insurance and insurers. However, Insurance must obligate the insurer to pay COUNTY claims that are covered under the policy even if FRANCHISEE or COUNTY does not comply with all policy requirements or duties (such as failing to report an incident or claim in a timely manner, law, allowing operations or use of the Project not permitted under the policy, or making misrepresentations). 4. Evidence of Insurance: Cols and copies of policies. On the date of this Agreement and thereafter 30 days prior to each policy renewal and also within two County business days of any COUNTY request, FRANCHISEE shall deliver a certificate or certificates of insurance or other evidence of coverage acceptable to the Director at the address provided for Notices. Certificates or other evidence must: a. Agreement, Insured and Insurers (1) specifically identify this Agreement by name or number; (2) name the insured party that matches the name of FRANCHISEE executing this Agreement; (If FRANCHISEE's direct (or indirect) parent is the named insured, the DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS in the COI must state that FRANCHISEE is also a named insured under all listed policies); (3) provide the full name of each insurer providing coverage and the insurer's NAIC (National Association of Insurance Commissioners) identification number, (4) and each insurer's financial rating. b. Types and limits: (1) Clearly evidence all coverage, types and limits required in this Agreement. Coverage may consist of a combination of primary and excess policies. Excess policies must provide coverage as broad as ("follow form" over) the underlying primary policies; (2) Identify standard policy forms or their equivalent. c. Attach additional endorsements: (1) Additional Insured Endorsements. Include copies of the additional insured endorsements to General Liability Policy which must add COUNTY and its Special Districts, elected officials, 54 2012-FA001 Non -Exclusive Commercial Franchise officers, agents, and employees as additional insureds with respect to liability arising out of ongoing and completed franchise services, and applicable with respect to liability and defense of suites arising out of FRANCHISEE'S acts or omissions, whether that liability is attributable to the FRANCHISEE or the COUNTY. The full policy limits and scope of protection must apply to each of those additional insureds even if those limits or scope exceed the minimum required insurance specifications in this Agreement. FRANCHISEE may use an automatic additional insured endorsement if the endorsements meet the requirements of this attachment. (2) Waiver of Subrogation Endorsements. Include copies of subrogation endorsements necessary to effect FRANCHISEE'S waiver of its and its insurer(s)' rights of recovery against County under all insurance, to the fullest extent permitted by law. (3) Primary, Excess, Non -Contributory. All insurance must be primary_ with -respect to any other insurance or self-insurance programs available to COUNTY. (4) Pollution Endorsement to Automobile Liability, or equivalent, must remove any pollution and asbestos exclusion from the policy. (5) Insured -vs. -Insured. If a policy of Insurance contains an insured -vs. -insured provision, it must be endorsed to provide cross -liability coverage as would be afforded by the standard ISO separation of insureds provision with no insured -vs. -insured exclusions or limitations. (6) Full Policy Limits and scope of protection must apply to each additional insured even if those limits or scope exceed the minimum required specifications for insurance in this Agreement. d. Deductibles and S/Rs. Identify any retained losses, deductibles or self-insured retention ("SIR") exceeding $50,000 for COUNTY'S approval. FRANCHISEE'S policies shall not obligate COUNTY to pay any portion of any FRANCHISEE retained loss, deductible or SIR. COUNTY retains the right to require FRANCHISEE to reduce any deductibles or self-insured retention as they apply to COUNTY or to require FRANCHISEE to provide a bond, letter of credit, or certificate of deposit guaranteeing payment of all retained losses and related costs, including expenses, or both, related to 55 2012-FA001 Non -Exclusive Commercial Franchise investigations, claims administrations, and defense. The bond must be executed by a corporate surety licensed to transact business in the State of California; the letter of credit must be issued by a bank or other financial institution acceptable to the County; and e. Signature verification. Include documentation acceptable to COUNTY verifying the following: • that the individual signing or counter -signing the certificates, and at COUNTY'S request, the _policies, endorsements, or other evidence of coverage, is authorized to do so, and • identifies his or her company affiliation and title. At COUNTY'S request, FRANCHISEE shall promptly provide COUNTY with complete, certified copies of any policy of insurance that FRANCHISEE must carry under this Agreement. g. Claims Made/Retroactive Date. The policy retroactive date, which can be-identified,--on-any insurance written on claims made basis, must precede the date of this Agreement. The effective date of each policy must not be any later than the date of this Agreement. FRANCHISEE shall maintain any claims made coverage for a period of not less than three years following expiration, termination or cancellation of this Agreement. h. Text of Provisions in Blanket Policies. A certified copy of the provisions in each blanket policy, if any, that provides evidence satisfactory to COUNTY that the policy meets the requirements of this Agreement. L Without limiting its indemnification under the Agreement, FRANCHISEE assumes all obligations of the insurer providing Insurance to defend COUNTY (which might be broader than FRANCHISEE's indemnification), for the following period of time: (1) beginning immediately upon filing any action against COUNTY that the insurer would be required to defend, until (2) the deductible or SIR has been met and the insurer does defend COUNTY. As soon as possible (but no longer than ten days), FRANCHISEE shall report to COUNTY when FRANCHISEE has exceeded FRANCHISEE's deductible or Self Insured Retention ("SIR"). Upon COUNTY request, Insurance must provide: 56 2012-FA001 Non -Exclusive Commercial Franchise (1) application of insurer's defense costs to reduction of deductible or SIR; and (2) give COUNTY right to approve a claims settlement and receive payments directly. 5. Insurer Financial. Rating. FRANCHISEE shall secure insurance provided by an insurance company meeting the following requirements: (1) be acceptable to COUNTY (for example, COUNTY might require that the insurer be admitted in California), and (2) have a rating by A.M. Best Company of not less than A: VII, unless otherwise approved by COUNTY. 6. Reporting: Incidents, Claims, or Suits; Claims Paid or Reserved: a. Notification of Incidents, Claims, or Suits. As soon as possible, (but no later than ten days after any of the following events) FRANCHISEE shall promptly report the following in writing to the Director: - (1) Any accident or incident relating to the franchise services involving injury or property damage that may result in the filing of an insurance claim against any insurance policy, its legal claim, or lawsuit against FRANCHISEE, any subcontractor and/or COUNTY; (2) Any third -party claim or lawsuit filed against FRANCHISEE arising from or related to franchise Services; (3) Any injury to a FRANCHISEE employee that occurs on COUNTY property, and (4) Any loss, disappearance, destruction, misuse, or theft of COUNTY property, money or securities entrusted to FRANCHISEE. FRANCHISEE shall submit its report on a COUNTY "Nonemployee Injury Report" form available by request from the COUNTY. b. Claims Paid or Reserved. FRANCHISEE shall immediately report the following in writing to the Director if total claims (both paid and reserved) against any policy of insurance (except with respect to Workers' Compensation) exceed more than 80 percent of the required aggregate policy limits. (In that event, FRANCHISEE must obtain additional Insurance or provide COUNTY with financial assurance satisfactory to COUNTY in order to maintain those required policy limits.) 57 2012-FA001 Non -Exclusive Commercial Franchise Insurance Coverage Requirements. FRANCHISEE shall secure and maintain insurance coverage meeting the following requirements: (1) General Liability Insurance (written on ISO policy form CG 00 01 or its equivalent - occurrence, not claims made) with limits of not less than the following: General Annual Aggregate: $4 million Products/Completed Operations Aggregate: $4 million Personal and Advertising Injury: $1 million Each Occurrence: $2 million The general liability policy must provide contractual liability coverage for FRANCHISEE'S indemnification of COUNTY. (2) Pollution Liability Coverage for pollution conditions resulting from transported cargo, with annual limits of not less than $2 -million -per- occurrence -and -$4 million aggregate, covering loss (including cleanup costs) that FRANCHISEE becomes legally obligated to pay as a result of claims for bodily injury, property damage, and cleanup costs, (including but not limited to, expenses required by environmental laws or incurred by Federal, State, or local governments or third parties) resulting from pollution conditions caused by transported cargo (including waste). For the purpose of this Subsection, "pollution conditions" includes the dispersal, discharge, release, or escape of any solid, liquid, gaseous or thermal irritant or contaminant (such as smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, medical waste, and waste materials) into or upon land, any structure on land, the atmosphere, or any watercourse or body of water (including groundwater), provided the conditions are not naturally present in the environment in the amounts or concentrations discovered. The pollution liability coverage must provide contractual liability coverage, by endorsement, if necessary, for FRANCHISEE'S indemnification of COUNTY. FRANCHISEE'S general liability policy may be endorsed to provide the required pollution liability coverage. FRANCHISEE is not required to provide this insurance if it provides franchise services only in roll -off boxes. (3) Automobile Liability Coverage (written on ISO policy forms CA 00 12 or CA 00 20 or their equivalent - occurrence, not claims made) with a limit of liability not less than $2 million for each accident and endorsed to include pollution liability 58 2012-FA001 Non -Exclusive Commercial Franchise (written on form CA 99 48 or its equivalent). The insurance must cover all vehicles used by FRANCHISEE pursuant to its operations and services and the terms of this Agreement. FRANCHISEES subject to federal regulations also shall maintain any other coverage necessary to satisfy state or federal financial responsibility requirements. (4) Workers' Compensation and Employers' Liability insurance providing workers' compensation benefits required by the California Labor Code or by any other State labor law, and for which FRANCHISEE is responsible. In all cases, this insurance must also include Employers' Liability coverage with limits of not less than the following: I. Each accident: $1 million ii. Disease - policy limit: $1 million iii. Disease - each employee: $1 million -- -- 8. Insurance Coverage Requirements for Subcontractors. FRANCHISEE shall ensure that all subcontractors performing franchise services under this Agreement secure and maintain the insurance coverage required in Subsections B1 through 7 of this attachment by providing evidence that either: (1) FRANCHISEE is maintaining the required insurance covering the activities of Subcontractors, or (2) Subcontractors are maintaining the required insurance coverage. FRANCHISE shall provide COUNTY with any subcontractor request to modify that insurance coverage and get COUNTY approval prior to modification. C. Compensation for County Costs. If FRANCHISEE fails to comply with any of the Indemnification or insurance requirements of this Agreement and that failure results in any costs to COUNTY, FRANCHISEE shall pay full compensation for all County's reimbursement costs. D. Alternative Risk Financing Programs. County reserves the right to review and then approve FRANCHISEE'S use of self-insurance, risk retention groups, risk purchasing groups, pooling arrangements and captive insurance to satisfy obligations under this attachment. County and anyone named as additional insured shall be designated as an Additional Covered Party under any approved program. 59 2012-FAOOI Non -Exclusive Commercial Franchise ATTACHMENT NO. 4 - LABOR -RELATED PROVISIONS REQUIRED IN COUNTY CONTRACTS A. LABOR CODE. FRANCHISEE and its agents and employees are bound by and shall comply with all applicable provisions of the California Labor Code as well as all other laws related to labor. FRANCHISEE acknowledges that eight hours labor constitutes a legal day's work under law. FRANCHISEE shall require work in excess of eight hours a day or 40 hours during any one week only as authorized by California Labor Code Section 1815. By and through its execution of this Agreement, FRANCHISEE represents and warrants that it is aware of and understands the provisions of California Labor Code Section 3700, which requires every employer to be insured against liability of Workers' Compensation or to undertake self-insurance in accordance with those provisions before commencing the performance of work under this Agreement and agrees to fully comply with those provisions. B. CONSIDERATION OF GAIN/GROW PARTICIPANTS FOR EMPLOYMENT. ----- Should FRANCHISEE -require -additional orreplacementpersonnel after the Execution Date, FRANCHISEE shall give consideration for any of those employment openings to participants in COUNTY'S Department of Public Social Services' Greater Avenues for Independence (GAIN) Program or General Relief Opportunities for Work (GROW) Program who meet FRANCHISEE'S minimum qualifications for the open position. COUNTY shall refer GAIN/GROW participants, by job category, to FRANCHISEE. For this purpose, "consideration" means that FRANCHISEE shall interview qualified candidates. C. NOTICES TO EMPLOYEES. Regarding the Federal Earned Income Credit. FRANCHISEE shall notify its employees, and shall require each subcontractor performing Franchise Services to notify its employees, that they may be eligible for the Federal Earned Income Credit under the Federal income tax laws. The notice must be provided in accordance with the requirements set forth in Internal Revenue Service Notice 1015 that FRANCHISEE has attached as Franchisee Documentation. 2, Regarding Safely Surrendered Baby Law. FRANCHISEE acknowledges that COUNTY places a high priority on the implementation of the Safely Surrendered Baby Law (SB 1368) a. Fact Sheet. FRANCHISEE shall notify and provide to its employees and shall require each subcontractor performing Franchise Services to notify and provide to subcontractors' employees a fact sheet regarding the Safely Surrendered Baby 60 2012-FA001 Non -Exclusive commercial Franchise Law, its implementation in the COUNTY, and where and how to safely surrender a baby. FRANCHISEE shall print and make available in every facility where its employees are present, including offices and operation yards, the fact sheet that is available at www.babysafela.oM. b. Poster. FRANCHISEE understands that it is COUNTY'S policy to encourage all COUNTY contractors to voluntarily post COUNTY'S "Safely Surrendered Baby Law" poster in a prominent position at the contractor's place of business. FRANCHISEE shall also encourage its subcontractors to post this poster in a prominent position in the subcontractors' place of business. COUNTY'S Department of Children and Family Services shall supply FRANCHISEE with the poster to be used. 3. Regarding Child Support. FRANCHISEE acknowledges that COUNTY places a high priority on the enforcement of child support laws and the apprehension of child support evaders. FRANCHISEE further ----- - --- -- acknowledges-that--it-is-COUNTY'S -policy to encourage all COUNTY -- contractors to voluntarily post COUNTY'S "L.A.'s Most Wanted: Delinquent Parents List" supplied by COUNTY in a prominent position at their place of business. D. PROHIBITION AGAINST USE OF CHILD LABOR. Compliance with ILO Convention Concerninq Minimum Age for Employment. FRANCHISEE shall not knowingly sell or supply to COUNTY or Customers any products, goods, supplies, or other personal property manufactured in violation of child labor standards set by the International Labor Organization through its 1973 Convention Concerning Minimum Age for Employment (the "Convention Concerning Minimum Age for Employment"). If FRANCHISEE discovers that any products, goods, supplies, or other personal property sold or supplied by FRANCHISEE to COUNTY or any Customer are produced in violation of that Convention, FRANCHISEE shall immediately provide an alternative source of supply that complies with that Convention. 2. Provide COUNTY with Records. At COUNTY'S request, FRANCHISEE shall provide documentation I the form required by COUNTY evidencing the country or countries of origin of any products, goods, supplies, or other personal property FRANCHISEE sells or supplies to COUNTY or any Customer in connection with Franchise Services. Provide COUNTY with Manufacturers' Certification. At COUNTY'S request, FRANCHISEE shall provide to COUNTY the manufacturer's certification of 61 2012-FA001 Non -Exclusive Commercial Franchise compliance with the Convention Concerning Minimum Age for Employment or other all -international child labor conventions. E. NONDISCRIMINATION. Employees. FRANCHISEE and its Affiliates shall employ qualified applicants and treat employees equally without regard to or because of race, color, national origin, ancestry, religion, sex, age, physical or mental disability, marital status, or political affiliation and in compliance with all State of California and federal antidiscrimination laws, including in employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay, other forms of compensation, and selection of training (including apprenticeship). 2. Subcontractors, Bidders and Vendors. FRANCHISEE shall deal with its subcontractors, bidders, and vendors without regard to or because of race, color, national origin, ancestry, religion, sex, age, physical or mental ----disability, marital status, or political affiliation. 3. Certification. FRANCHISEE shall comply with the provisions of FRANCHISEE'S EEO Certification (Form PW -7), attached as Franchisee Documentation. 4. Inspection of Records. At COUNTY'S request, FRANCHISEE shall promptly allow COUNTY and its auditor's access to FRANCHISEE'S employment records at FRANCHISEE'S Office during franchisee's office hours to verify compliance with the provisions of this Subsection. 5. Remedies for Discrimination. If COUNTY finds that FRANCHISEE has violated any provisions of this Subsection, that violation constitutes a Franchisee default. While COUNTY reserves the right to determine independently that the antidiscrimination provisions of this Subsection have been violated, in addition, a determination by the California Fair Employment Practices Commission or the Federal Equal Employment Opportunity Commission that FRANCHISEE has violated State of California or federal antidiscrimination laws shall constitute a finding by COUNTY that FRANCHISEE has violated the antidiscrimination provisions of this Subsection. F. SAFETY Services Safety Official. FRANCHISEE shall designate in Franchisee Documentation a Services Safety Official who shall be thoroughly familiar with FRANCHISEE'S Injury and Illness Prevention Program (IIPP) and 62 2012-FA001 Non -Exclusive Commercial Franchise Code of Safe Practices (CSP). FRANCHISEE shall ensure that the Services Safety Official is available at all times Franchise Services are provided to abate any potential safety hazards. FRANCHISEE shall give the Services Safety Official the authority and responsibility to cease performing any service if necessary to abate any potential safety hazard. If FRANCHISEE fails to designate or make available the Services Safety Official, COUNTY may direct the Franchise to cease providing Franchise Services at no cost to COUNTY until FRANCHISEE is in compliance with this Section. Safety Responsibilities. FRANCHISEE is responsible for the safety of equipment, material, and personnel under FRANCHISEE'S control or authority during performance of Franchise Services. FRANCHISEE is solely responsible for ensuring that all work performed under this Agreement is performed in strict compliance with all laws with respect to occupational safety regulations. FRANCHISEE shall provide at its expense all safeguards, safety devices, protective equipment, and shall take all actions appropriate to providing a safe job environment. G. COUNTY LOBBYISTS. FRANCHISEE and each COUNTY lobbyist or County lobbying firm as defined in County Code Section 2.160.010, retained by Franchisee shall fully comply with the County Lobbyist Ordinance. FRANCHISEE represents that no Person, including a selling agency, has been employed or retained to solicit or secure this Agreement, upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by FRANCHISEE for the purpose of securing business. 63 2012-FA001 Non -Exclusive Commercial Franchise List of Los Angeles County Unincorporated Communities ID NAME 1 ACTON 2 AGOURA 3 AGUA DULCE 4 ALTADENA 5 ANTELOPEACRES 6 ARCADIA ISLANDS 8 AVOCADO HEIGHTS 9 AZUSA ISLANDS 10 BALDWIN HILLS 11 BASSETT 12 BIG PINES 13 BIGTUJUNGA 14 BOUQUET CANYON 15 CALABASAS HIGHLANDS 16 CASTAIC _17__CASTAIC_JUNCTION LONG BEACH ISLAND 18 CERRITOS ISLANDS 19 CHARTER OAK 20 CITRUS 21 COVINA ISLANDS 22 DEL AIRE 23 DEL SUR 24 DEL VALLE 27 EASTPASADENA 28 EAST SAN GABRIEL 29 EL CAMINO VILLAGE 30 ELIZABETH LAKE 31 FAIRMONT 34 FOOTHILL 35 FORREST PARK 36 FRANKLIN CANYON 37 GORMAN 38 GREEN VALLEY ID NAME 39 HACIENDA HEIGHTS 40 HAWTHORNE ISLAND 41 HI VISTA 42 JUNIPER HILLS 43 KAGELCANYON 44 LA CRESCENTA 45 LA RAMBLA 47 LAKE HUGHES 48 LAKE LOS ANGELES 49 LAKEVIEW 50 LANG 52 LEONNAVALLEY 53 LITTLE TUJUNGA 54 LITTLEROCK 55 LLANO _56 LONG BEACH ISLAND 57 LOS NIETOS 58 MALIBU VISTA 86 MARINA DEL REY 87 MINT CANYON r61 MONROVIAIDUARTE ISLANDS 89 MONTROSE 64 MULHOLLAND CORRIDOR CORNELL LAS VIRGENESIMALIBU CANYON MALIBU BOWL MALIBU HIGHLANDS MALIBU LAKE MALIBU/SYCAMORE CANYON MONTE NIDD TRIFUNO CANYON 65 NEENACH 66 PALMDALEAIRPORT ID NAME 67 PEARBLOSSOM 68 PICO 69 QUARTZ HILL 70 RANCHO DOMINGUEZ 71 ROOSEVELT 73 ROWLAND HEIGHTS 74 SAN CLEMENTE ISLAND 75 SAN PASQUAL 76 SANTA CATALINA ISLAND 77 SOLEDAD 78 SOUTH SAN GABRIEL 79 1 SOUTH SAN JOSE HILLS 80 STEVENSON RANCH 81 SULPHUR SPRINGS 82 SUN VILLAGE 83 TOPANGACANYON FERNWOOD GLENVIEW SYLVIA PARK TOPANGA 84 UNIVERSAL CITY 85 VAL VERDE 86 VALINDA 87 VALYERMO 88 VASQUEZ ROCKS 89 VETERANS CENTER 92 WEST CARSON 94 WESTFIELD 95 WHITTIER ISLANDS 96 WHITTIER NARROWS 98 WILSONA GARDENS 100 WRIGHTWOOD Garbage Disposal Districts (Excluded) EXHIBIT A m WILLOW BROOK 7 ATHENS GDD 32 FIRESTONE GDD 51 LENNOX GDD 90 VIEW PARK GDD 97 GDD MESA HEIGHTSWALNUT PARK WINDSOR HILLS 25 EAST COMPTON GDD 33 FLORENCE GDD 60 GDD 91 GDD 99 GDD EAST LOS ANGELES LADERA HEIGHTS ROSEWOOD WEST FOX HILLS 26 (GDD) 46 GDD 72 (GDD) 93 GDD m m F— m_ X W SLL � G W O U 0 W ---- ----Q OID� r Oo Z z O Vi U^ .j (D Z VJ O yes au,no> oNw le • N O ; I� z J - v) fi 6 E n � � W rt e N $ � � m n n i � L � N N _ n M n co o a E U a n I `o � f 0 � N Z I11 n N w o I1.1 m m � N � n o d 4c TE �s �2 C ism E mm f0 N d`� � .e �eE i �rnj 9T is ce§ i JAN - E E=� El Q yUc 65 m F- m_ X W 0 c n m ry O� U "- Z //O� D VJ z Z) O 0 U) W CW V Z vJ O J unix„ N 66 0 5 0 C U 3 E 'C m 5 O U m d N n i N N_ O a i r d Q O m a 66 0 5 0 C U 3 E 'C m 5 O U m d N n N N_ O a i r d Q O m a W D CD J 66 k 5 5 a i r k gmmlair tiif rLE ck7iiim2lq3. 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NO a�2 _ LL a00S bUm i -O g mam 0U.>J Qa xW Z WZ aw iY J w W 0 z w z w x a a u 6 a N O aW_ OW wzW< BW 0 Ws W06ZOX'zW z aam iam5x0m3 <Jw4QNON2F J NQU W WK OOa Q<zWZOz�u Z>aOQWUNO< OW X<l-W WZKO Oowa63k?�JOQa-FinaKJQU�>>, RN`2 OF Z YaZz= wM§x OZW ar9 e f OJaQJa uocwmF0 yFKK�zQJ>FF �NFfa `ZNYWF6zM N_6WKa WWWOZZ �z �$;e O zuuu�zm!>.�Iam<OO ¢aawit-ow ww mmmog6wu -W Ogo�oma�'z',�SSSSSSS.w.w » 5 U <¢¢ a a a a¢ a 0 0 m m m 0 0 0 0 U O U a 0 O u6 w 0 a x x Y 5= E Z o.-rvnam bnm It n nnmm mmm mmeni emi nvaa vvvaaaain mn in .n .n _e p It memm�mmo Nmemm nmmo NNe m 9 $ " Z- n C 67 EXHIBIT CA (Revised 4/2012) CUSTOMER BILL OF RIGHTS CUSTOMER BILL OF RIGHTS (which COUNTY may update) What We Will Collect. We will collect refuse, green waste and commingled recyclables in bins and/or carts we provide. You must place refuse, recyclable materials, and green waste in the appropriate bins and/or carts. We will not pick up materials that you discard outside of bins and/or carts unless you have made previous arrangements with us, as described below. Additional Customer Options Regarding Recyclables: Mandatory Recycling. Commercial businesses and multifamily residences that generate 4 cubic yards or more of solid waste per week are required by California law to recycle. To comply with law, you may donate or sell any or all of your recyclables to someone else, such as recycling centers or reuse enterprises or subscribe to recycling services with us. We offer the following recycling service options without additional charge: a one cubic yard recyclable bin or up to two 96 gallon recyclable carts. Additional or larger containers will be offered at half the rate for the same type and capacity of refuse container and same frequency of refuse collection service. In addition, we will conduct annual site visits to evaluate -whether your existing levels -of refuse and recycling service is appropriate, and promote and implement recycling services. We Will Not Collect Hazardous Waste or Electrical Waste. State law prohibits disposal of hazardous materials and certain electronics in your trash. Hazardous waste includes: most paints, pesticides, petroleum derivatives such as motor oil and solvents, batteries, thermostats, aerosol cans, fluorescent lights, and certain mercury -containing devices. Electrical waste includes "covered electronic devices" and electrically powered equipment described below under "On -Call Pickups", which you may ask us to collect separately. If we identify these items in your trash, we will tag your bin and not collect it. For additional safe and legal disposal options, call the HAZWASTE HOTLINE at (888) CLEAN -LA or visit www.ciwmb.ca.gov/HHW/info. When We Will Collect. We will collect your containers on your scheduled collection day(s) each week. We will notify you in advance if we make a permanent change in your scheduled collection day. If your scheduled collection day falls on or after a holiday, during a holiday week, collection will be delayed by one day (Friday customers will have their collection on Saturday). We observe the following holidays: Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas and New Year's Day. Where We Will Pick Up. You must set your bin(s) at the set -out site as agreed upon unless you have roll-out service. If we agreed to collect on private driveways or pavement, we will ask you to sign a waiver of damage liability and/or indemnification. We must repair or replace, to your satisfaction, damaged property, and reimburse you for cost of personal injury, caused by our negligence or willful acts or omissions. In addition to enforcing your rights under the franchise agreement, you may institute civil suits allowed under law. r:P EXHIBIT C.1 (Revised 4/2012) Container Enclosure Maintenance and Litter. You are responsible for keeping your container enclosure or set out site clean and in good repair. We will clean up all litter caused during collection. Weight Limitations of Carts or Bins. We will not pick up carts weighing more than XXX or bins weighing more than: x cubic yard bin= xxx lbs, etc. (Hauler to provide max wt based on container size) Repair/Replacement. We will repair or replace containers within 2 weeks of your request at no charge. Five On -Call Pickups or One Annual Cleanup Event of Bulky Items and Electronics for Residential and Multi -Family Properties: We will provide one of the following service options upon your request: (1) 5 pickups of bulky items (limit of 5 items per pick-up) and unlimited amounts of certain electronics at your request each year at no charge. If you call us at least 24 hours in advance we will collect them on your next regularly scheduled pickup day at - - ---- the regular site for placing -solid waste containers but not in any roadway or other -public right of way. (2) One annual cleanup event with a collection of unlimited amounts of bulky items and certain electronics on the date agreed to between the customer and us, at the regular site for placing solid waste containers but not in any roadway or other public right of way. We will collect those materials at no charge. At least once each year we will talk with or meet in person the owner or superintendant of a multi -family residence and schedule the annual cleanup event. Examples of bulky items include discarded furniture (such as chairs, sofas, mattresses, box springs, and rugs); appliances (such as refrigerators, range, washers, dryers, water heaters, dishwashers, plumbing, and other similar items). Electronics includes "covered electronic devices" such as cathode ray tubes (as in TV and computer monitors), LCD and plasma screens; and electrically powered equipment such as computers, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, videocassette players/recorders, and calculators. On -Call Pickups for Commercial Customers with Surcharge. We will make 5 pickups of bulky items (limit of 5 items per pick-up) and unlimited amounts of certain electronics at your request each year at specified charges. If you call us at least 24 hours in advance, we will collect them on your next regularly scheduled pickup day. When You Must Pay. (Hauler to provide billing information) Sample Language: We bill trash collection services three -months in advance. We will mail your bill on or before the 15t day of your billing period, for example, on April 15f for the billing period of April, May and June. Your bill is due no later than the last day of the first month, for example Mi EXHIBIT C.1 (Revised 4/2012) on April 30th. If we do not receive payment by the last day of the second month, for example, May 31St, your bill will become delinquent and an additional 10% per annum fee will be added to the balance. We may terminate your service if you do not pay your service fees by the end of the billing cycle, for example, June 30th. We will charge $25 to restart the service after a service interruption and a $25 fee on returned checks. Customer Termination Rights And Right To Self -Haul: Within six months of your new service, we will amend any written subscription order you may have with us to grant you your customer termination rights. You may terminate service without cause at any time by giving us 90 days notice if you are not delinquent in paying us any service charges. You may also terminate service immediately in the event of certain emergencies or by giving us 14 days notice, if we fail to provide service (such as missing pickup or failing to timely repair or replace carts and/or dumpsters/bins) or we bill you incorrectly (such as changing your service rate(s) without obtaining your prior consent through a revised Customer Subscription Order). You also have the right to self -haul all or some of your waste in addition to, or instead of, subscribing to our service. Customer Notification. We will provide a written final notice (postmarked at least 14 days in advance) if we are to suspend or terminate your service. The final notice -will include an explanation for the suspension or termination and information on how to resolve your issue and restart service. We will refund (Hauler to provide language) Sample Language: any overcharges (including advance payments for services that you subsequently cancel) within 30 days after we receive them. We will pay you interest on overcharges (other than advance payments for subsequently canceled services) at 10 percent per annum from the date the overcharged until the date refunded. Where You Can Contact Us. You may call us regarding service or complaints Toll Free at (insert haulers number here) between Xam and Xpm weekdays, except holidays. You may come to our office located at (insert haulers address here), mail correspondence to our office address or via e-mail at (insert haulers e-mail address). If we do not satisfactorily resolve any complaint; you may call the County at 1-800-993- 5844. We Do Not Discriminate. If you are entitled to service, we will not discriminate against you on account of race, creed, color, sex, gender, national origin, ancestry, religion, age, physical or mental disability, marital status, or political affiliation. Rights Of Privacy. We will observe and protect your rights of privacy and trade secrets. Unless you give us permission, we will not reveal any information identifying you or the composition or contents of your solid waste to any person except the County or if required by law. Thank You For Allowing (insert haulers name here) To Serve You! rrw r�MFAI:m.3rA Assembly Bill No. 341 CHAPTER 476 An act to amend Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, to add Sections 40004, 41734.5, and 41780.01 to, to add Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and to add and repeal Section 41780.02 of, the Public Resources Code, relating to solid waste. [Approved by Govemor October 5, 2011. Filed with Secretary of State October 6, 2011.1 LEGISLATIVE COUNSEL'S DIGEST AB 341, Chesbro. Solid waste: diversion. (1) The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires each city, county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan containing specified components, including a source reduction component, a recycling component, and a composting_ component._ With certain exceptions, the source reduction -and recycling element of -that p an is required to divert 50% of all solid waste from landfill disposal or transformation by January 1, 2000, through source reduction, recycling, and composting activities. The department is required to file an annual progress report with the Legislature by March 1 that includes specified information regarding the act. This bill would make a legislative declaration that it is the policy goal of the state that not less than 75% of solid waste generated be source reduced, recycled, or composted by the year 2020, and would require the department, by January 1, 2014, to provide a report to the Legislature that provides strategies to achieve that policy goal and also includes other specified information and recommendations. The bill would allow the department to provide the report required by the bill in conjunction with the annual progress report, if the combined report is submitted by January 1, 2014. The bill would repeal the report requirement on January 1, 2017. (2) Existing law requires a city, county, and city and county to incorporate the nondisposal facility element and any amendment to the element into the revised source reduction and recycling element at the time of the 5 -year revision of the source reduction and recycling element. Existing law requires the department to review an amendment to a nondisposal facility element and requires a loca l task force to review and comment on amendments to a nondisposal facility element. This bill would repeal those requirements. The bill would instead require a city, county, city and county, or regional agency to update all information 92 71 EXHIBIT D Ch. 476 —2— required 2— required to be included in the nondisposal facility element. The bill would provide that the update is not subject to approval by the department or continent and review by a local task force. (3) Existing law requires a local agency to impose certain requirements on an operator of a large venue or event to facilitate solid waste reduction, reuse, and recycling. This bill would require a business, defined to include a commercial or public entity, that generates more than 4 cubic yards of commercial solid waste per week or is a multifamily residential dwelling of 5 units or more to arrange for recycling services, on and after July 1, 2012. The bill would also require a commercial waste generator to take specified actions with regard to recyclable materials. The bill would require a jurisdiction, on and after July 1, 2012, to implement a commercial solid waste recycling program meeting specified elements but would not require thejurisdiction to revise its source reduction and recycling element if the jurisdiction adds or expands a commercial solid waste recycling program to meet this requirement. The bill would authorize a local agency to charge and collect a fee from a commercial waste generator to recover the local agency's costs incurred in complying with the commercial solid waste recycling program requirements. By requiring a jurisdiction to implement a commercial solid waste recycling program, this bill would impose a state -mandated local program. The bill would require the department to review a jurisdiction's -- compliance with the above requirement -as apart ofthe department's review - -- -- -- of a jurisdiction's compliance with the 50% solid waste diversion requirement and would authorize the department to review a jurisdiction's compliance pursuant to a specified procedure. (4) Existing law requires each state agency to submit an annual report to the department summarizing its progress in reducing solid waste that is due on September I of each year starting in 2009. This bill would change the due date to May I of each year. (5) Existing law requires an operator of a solid waste facility that wants to change the design or operation of the solid waste facility in a manner not authorized by the current permit to apply for a revised permit. Within 60 days of receipt of the application for the revised permit, the enforcement agency is required to inform the uperator, and in some circumstances the department, of its determination to allow the change without revision of the permit, disallow the change, require a revision of the permit to allow the change, or require review under the California Environmental Quality Act before a decision is made. This bill would also require the enforcement agency to give notice of its determination to allow certain changes without a revision to the permit through a modification to the permit allowed by regulations developed by the department. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. 92 72 —3— This bill would provide that no reimbursement is required by this act for a specified reason. The people ofthe State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares both of the following: (1) Since the enactment of the California Integrated Waste Management Act of 1989 (Division 30 (commencing with Section 40000) of the Public Resources Code), local governments and private industries have worked jointly to create an extensive material collection and recycling infrastructure and have implemented effective programs to achieve a statewide diversion rate above 50 percent. (2) Although the state now leads the nation in solid waste reduction and recycling, the state continues to dispose of more than 40 million tons of solid waste each year, which is more than the national average on a per capita basis. Additional efforts must be undertaken to divert more solid waste from disposal in order to conserve scarce natural resources. (b) The Legislature further finds and declares all of the following: (1) Approximately 64 percent of the state's solid waste disposal is from commercial sources, including commercial, industrial, construction, and demolition activities. In addition, 8 percent of the state's solid waste disposal - - ------is-from-multifamily residential housing -that -is often collected along with the commercial waste stream. (2) The state's local governments have made significant progress in reducing the amount of solid waste disposal from single-family residential sources that make up 28 percent of the state's disposal, but have faced more challenges in reducing disposal from the commercial and multifamily sources. (3) The disposal of recyclable materials in the commercial solid waste stream prevents materials from circulating in the state economy to produce jobs and new products. Reducing the disposal of these materials will conserve landfill capacity and contribute to a reduction in greenhouse gas emissions and climate change. (4) The state has long been a national and international leader in environmental stewardship efforts and mandating the diversion of solid waste away from disposal. Bold environmental leadership and a new approach are needed to divert commercial solid waste away from disposal. (5) By exercising a leadership role, the state will lead the business community toward a future in which the environment and the economy both grow stronger together by recycling materials, which creates new jobs, instead of burying resources, which exit the economy forever. (6) By requiring commercial recycling, the state will help businesses reduce costly disposal fees and reclaim valuable resources. SEC. 2. Section 40004 is added to the Public Resources Code, to read: 40004. (a) The Legislature finds and declares all of the following: 1Z 73 EXHIBIT D EXHIBIT D Ch. 476 —4— (1) Solid waste diversion and disposal reduction require the availability of adequate solid waste processing and composting capacity. (2) The existing network of public and private solid waste processing and composting facilities provides a net environmental benefit to the communities served, and represents a valuable asset and resource of this state, one that must be sustained and expanded to provide the additional solid waste processing capacity that will be required to achieve the additional solid waste diversion targets expressed in Section 41780.01 and the commercial solid waste recycling requirement expressed in Section 42649. (3) The provisions in existing law that confer broad discretion on local agencies to determine aspects of solid waste handling that are of local concern have significantly contributed to the statewide diversion rate exceeding 50 percent, and further progress toward decreasing solid waste disposal requires that this essential element of local control be preserved. (b) It is the intent of the Legislature to encourage the development of the additional solid waste processing and composting capacity that is needed to meet state objectives for decreasing solid waste disposal by identifying incentives for local governments to locate and approve new or expanded facilities that meet and exceed their capacity needs, and to recognize local agencies that make significant contributions to the state's overall solid waste reduction and recycling objectives through the siting of facilities for the processing and composting of materials diverted from the solid waste stream. (c) By setting new commercial solid waste recycling requirements in ___--- --- Section 42649; the Legislature does not intendtolimina rightafforded-to-- - - local governments pursuant to Section 40059, or to modify or abrogate in any manner the rights of a local government or solid waste enterprise with regard to a solid waste handling franchise or contract. SEC.3. Section 41730 ofthe Public Resources Code is amended to read: 41730. Except as provided in Section 41750.1, each city shall prepare, adopt, and, except for a city and county, transmit to the county in which the city is located a nondisposal facility element that includes all of the information required by this chapter and that is consistent with the implementation of a city source reduction and recycling element adopted pursuant to this part. The nondisposal facility element and any updates to the element shall not be subject to the approval of the county and the majority of cities with the majority of the population in the incorporated area. SEC. 4. Section 41731 of the Public Resources Code is amended to read: 41731. Except as provided in Section 41750. 1, each county shall prepare, adopt, and, except for a city and county, transmit to the cities located in the county a nondisposal facility element that includes all of the information required by this chapter and that is consistent with the implementation of a county source reduction and recycling element adopted pursuant to this part. The nondisposal facility element and any updates to the element shall not be subject to the approval of the majority of cities with the majority of the population in the incorporated area. SEC.5. Section 41734 of the Public Resources Code is amended to read: 92 74 —5- 41734. (a) (1) Prior to adopting a nondisposal facility element, the city, county, or regional agency shall submit the element to the task force created pursuant to Section 40950 for review and comment. (2) Prior to adopting a regional agency nondisposal facility element, if the jurisdiction of the regional agency extends beyond the boundaries of a single county, the regional agency shall submit the element for review and comment to each task force created pursuant to Section 40950 of each county within the jurisdiction of the regional agency. (b) Comments by the task force shall include an assessment of the regional impacts of potential diversion facilities and shall be submitted to the city, county, or regional agency and to the department within 90 days of the date of receipt of the nondisposal facility element for review and comment. SEC. 6. Section 41734.5 is added to the Public Resources Code, to read: 41734.5. (a) Once a nondisposal facility element has been adopted, the city, county, or regional agency shall update all information required to be included in the nondisposal facility element, including, but not limited to, new information regarding existing and new, or proposed, nondisposal facilities. (b) Updates shall be provided to the department within 30 days of any change in information. (c) Copies of the updated information shall also be provided to the local task force and shall be appended or otherwise added to the nondisposal facility element. __-- (d)– The local task force -shall not be required to review and comment on the updates to the nondisposal facility elements. (e) Updates to the nondisposal facility elements are not subject to approval by the department. SEC.7. Section 41735 of the Public Resources Code is amended to read: 41735. (a) Notwithstanding Division 13 (commencing with Section 21000), the adoption or update of a nondisposal facility element shall not be subject to environmental review. (b) Local agencies may impose a fee on project proponents to fund their necessary and actual costs of preparing and approving updates to nondisposal facility elements. SEC. 8. Section 41736 of the Public Resources Code is amended to read: 41736. It is not the intent of the Legislature to require cities and counties to revise their source reduction and recycling elements to comply with the requirements of this chapter. SEC. 9. Section 41780.01 is added to the Public Resources Code, to read: 41780.01. (a) The Legislature hereby declares that it is the policy goal of the state that not less than 75 percent of solid waste generated be source reduced, recycled, or composted by the year 2020, and annually thereafter. (b) Notwithstanding subdivision (a), the department shall not establish or enforce a diversion rate on a city or county that is greater than the 50 percent diversion rate established pursuant to Section 41780. 92 75 EXHIBIT D Ch. 476 —6— SEC. 6— SEC. 10. Section 41780.02 is added to the Public Resources Code, to read: 41780.02. (a) On or before January 1, 2014, the department shall submit a report to the Legislature that provides strategies to achieve the state's policy goal that not less than 75 percent of solid waste generated be source reduced, recycled, or composted by the year 2020, and annually thereafter, pursuant to Section 41780.01. (b) The report shall also include all of the following: (1) A review and update of the information required pursuant to subparagraph (A) of paragraph (4) of subdivision (c) of Section 40507, with emphasis on new and emerging trends in resource management. (2) Identification of problematic waste streams and sources and recommendations on handling those waste streams. (3) Evaluation of current programs and their effectiveness, and recommendations for changes to those programs. (4) Recommendations for reprioritizing existing resources to best achieve the purpose of Section 41780.01. (5) Recommendations for legislative changes, if any, that are necessary to achieve the goals of Section 41780.01. (6) Report on regulatory changes, if any, that are necessary, to achieve the goals of Section 41780.01. (7) Any other information or recommendations the department deems _pertinent. --_-(c)– The -department may provide _the -report -required- pursuant -to -this - section in conjunction with the report required pursuant to Section 40507 if the combined report is submitted on or before January 1, 2014. (d) The department may hold public workshops to gather input from stakeholders. (e) (1) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2017. (2) The report shall be submitted in compliance with Section 9795 of the Government Code. SEC. 11. Section 41800 of the Public Resources Code is amended to read: 41800. (a) Except as provided in subdivision (b), within 120 days from the date of receipt of a countywide or regional integrated waste management plan that the department has determined to be complete, or any element of the plan that the department has determined to be complete, the department shall determine whether the plan or element is in compliance with Article 2 (commencing with Section 40050) of Chapter 1 of Part 1, Chapter 2 (commencing with Section 41000), and Chapter 5 (commencing with Section 41750), and, based upon that determination, the department shall approve, conditionally approve, or disapprove the plan or element. (b) (1) Within 120 days from the date of receipt of a city, county, or regional agency nondisposal facility element that the department has determined to be complete, the department shall determine whether the element that the departmenthas determined to be complete is incompliance 92 76 EXHIBIT D -7- with Chapter 4.5 (commencing with Section 41730) and Article 1 (commencing with Section 41780) of Chapter 6, and, based upon that determination, the department shall approve, conditionally approve, or disapprove the element within that time period. (2) In reviewing the element, the department shall: (A) Not consider the estimated capacity of the facility or facilities in the element unless the department determines that this information is needed to determine whether the element meets the requirements of Article 1 (commencing with Section 41780) of Chapter 6. (B) Recognize that individual facilities represent portions of local plans or programs that are designed to achieve the diversion requirements of Section 41780 and therefore may not arbitrarily require new or expanded diversion at proposed facilities. (C) Not disapprove an element that includes a transfer station or other facility solely because the facility does not contribute toward the jurisdiction's efforts to comply with Section 41780. (c) If the department does not act to approve, conditionally approve, or disapprove an element that the department has determined to be complete within 120 days, the department shall be deemed to have approved the element. SEC. 12. Chapter 12.8 (commencing with Section 42649) is added to Part 3 of Division 30 of the Public Resources Code, to read: 12.8. RECYCLING OF COMMERCIAL SOLID WASTE 42649. (a) It is the intent of the Legislature to require businesses to recycle solid waste that they generate. (b) It is the intent of the Legislature to allow jurisdictions flexibility in developing and maintaining commercial solid waste recycling programs. (c) It is the intent of the Legislature to reduce greenhouse gas emissions by diverting commercial solid waste to recycling efforts and to expand the opportunity for additional recycling services and recycling manufacturing facilities in California. 42649.1. For purposes of this chapter, the following terms mean the following: (a) "Business" means a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or nonprofit entity, or a multifamily residential dwelling. (b) "Commercial solid waste" has the same meaning as defined in Section 17225.12 of Title 14 of the California Code of Regulations. (c) "Commercial waste generator" means a business subject to subdivision (a) of Section 42649.2. (d) "Self -hauler" means a business that hauls its own waste rather than contracting for that service. 92 77 EXHIBIT D EXHIBIT D Ch. 476 —8- 42649.2. (a) On and after July 1, 2012, a business that generates more than four cubic yards ofcommercial solid waste per week or is a multifamily residential dwelling of five units or more shall arrange for recycling services, consistent with state or local laws or requirements, including a local ordinance or agreement, applicable to the collection, handling, or recycling of solid waste, to the extent that these services are offered and reasonably available from a local service provider. (b) A commercial waste generator shall take at least one of the following actions: (1) Source separate recyclable materials from solid waste and subscribe to a basic level of recycling service that includes collection, self -hauling, or other arrangements for the pickup of the recyclable materials. (2) Subscribe to a recycling service that may include mixed waste processing that yields diversion results comparable to source separation. (c) A property owner of a multifamily residential dwelling may require tenants to source separate their recyclable materials to aid in compliance with this section. 42649.3. (a) On and after July 1,2012, eachjurisdiction shall implement a commercial solid waste recycling program appropriate for that jurisdiction designed to divert commercial solid waste from businesses subject to Section 426492, whether or not the jurisdiction has met the requirements of Section 41780. (b) If a jurisdiction already has a commercial solid waste recycling -____-- - - - -- program as one of its diversion elements that tneetslie-regairements of this -- -- section, it shall not be required to implement a new or expanded commercial solid waste recycling program. (c) The commercial solid waste recycling program shall be directed at a commercial waste generator, as defined in subdivision (b) of Section 42649. 1, and may include, but is not limited to, any of the following: (1) Implementing a mandatory commercial solid waste recycling policy or ordinance. (2) Requiring a mandatory commercial solid waste recycling program through a franchise contract or agreement. (3) Requiring all commercial solid waste to go through either a source separated or mixed processing system that diverts material from disposal. (d) The commercial solid waste recycling program shall include education, outreach to, and monitoring of, businesses. A jurisdiction shall notify a business if the business is not in compliance with Section 42649.2. (e) The commercial solid waste recycling program may include enforcement provisions that are consistent with a jurisdiction's authority, including a structure for fines and penalties. (f) The commercial solid waste recycling program may include certification requirements for self -haulers. (g) The department shall review a jurisdiction's compliance with this section as part of the department's review required by Section 41825. Each jurisdiction shall report the progress achieved in implementing its commercial recycling program, including education, outreach, identification, M W1, EXHIBIT D —9— and monitoring, and if applicable, enforcement efforts, by providing updates in the annual report required by Section 41821. (h) The department may also review whether a jurisdiction is in compliance with this section at any time that the department receives information that a jurisdiction has not implemented, or is not making a good faith effort to implement, a commercial recycling program. (i) During its review pursuant to subdivision (g) or (h), the department shall determine whether each jurisdiction has made a good faith effort to implement its selected commercial recycling program, For purposes of this section, "good faith effort' means all reasonable and feasible efforts by a jurisdiction to implement its commercial recycling program. During its review, the department may include, but is not limited to, the following factors in its evaluation of ajurisdiction's good faith effort: (1) The extent to which businesses have complied with Section 42649.2, including information on the amount of disposal that is being diverted from the businesses, if available, and on the number of businesses that are subscribing to service. (2) The recovery rate of the commercial waste from the material recovery facilities that are utilized by the businesses, all information, methods, and calculations, and any additional performance data, as requested by the department from the material recovery facilities pursuant to Section 18809.4 of Title 14 of the California Code of Regulations. ______ ______(3) The extent to which the jurisdiction is conducting education_ and outreach to businesses. (4) The extent to which the jurisdiction is monitoring businesses, and notifying those businesses that are out of compliance. (5) The availability of markets for collected recyclables. (6) Budgetary constraints. (7) In the case of a rural jurisdiction, the effects of small geographic size, low population density, or distance to markets. 42649.4. (a) If a jurisdiction adds or expands a commercial solid waste recycling program to meet the requirements of Section 42649.3, the jurisdiction shall not be required to revise its source reduction and recycling element, or obtain the department's approval pursuant to Article 1 (commencing with Section 41800) of Chapter 7 of Part 1. (b) If an addition or expansion of ajurisdiction's commercial solid waste recycling program is necessary, the jurisdiction shall update in its annual report required pursuant to Section 41821. 42649.5. (a) This chapter does not limit the authority of a local agency to adopt, implement, or enforce a local commercial solid waste recycling requirement that is more stringent or comprehensive than the requirements of this section or limit the authority of a local agency in a county with a population of less than 200,000 to require commercial solid waste recycling. (b) This chapter does not modify, limit, or abrogate in any manner any of the following: (1) A franchise granted or extended by a city, county, or other local government agency. 92 79 EXHIBIT D Ch. 476 —10— (2) 10— (2) A contract, license, or permit to collect solid waste previously granted or extended by a city, county, or other local government agency. (3) The existing right of a business to sell or donate its recyclable materials. 42649.6. A local agency may charge and collect a fee from a commercial waste generator in order to recover the local agency's costs incurred in complying with this chapter. 42649.7. If the State Air Resources Board adopts regulations for commercial recycling prior to the effective date of the act of the 2011-12 Regular Session of the Legislature adding this section, those regulations shall be deemed to have been adopted by the department, and they shall be added to the department's regulations and deleted from the board's regulations as if it were a change without regulatory effect. SEC. 13. Section 42926 of the Public Resources Code is amended to read: 42926. (a) In addition to the information provided to the department pursuant to Section 12167.1 of the Public Contract Code, each state agency shall submit an annual report to the department summarizing its progress in reducing solid waste as required by Section 42921. The annual report shall be due on or before May 1, 2012, and on or before May 1 in each subsequent year. The information in this report shall encompass the previous calendar year. (b) Each _ state agency's annual, report_ to the department shall, at a minimum, include all of the following: (1) Calculations of annual disposal reduction. (2) Information on the changes in waste generated or disposed of due to increases or decreases in employees, economics, or other factors. (3) A summary of progress made in implementing the integrated waste management plan. (4) The extent to which the state agency intends to utilize programs or facilities established by the local agency for the handling, diversion, and disposal of solid waste. If the state agency does not intend to utilize those established programs or facilities, the state agency shall identify sufficient disposal capacity for solid waste that is not source reduced, recycled, or composted. (5) Other information relevant to compliance with Section 42921. (c) The department shall use, but is not limited to the use of, the annual report in the determination of whether the agency's integrated waste management plan needs to be revised. SEC. 14. Section 44004 of the Public Resources Code is amended to read: 44004. (a) An operator of a solid waste facility shall not make a significant change in the design or operation of the solid waste facility that is not authorized by the existing permit, unless the change is approved by the enforcement agency, the change conforms with this division and all regulations adopted pursuant to this division, and the terms and conditions of the solid waste facilities permit are revised to reflect the change. 92 LZ —It— (b) If the operator wishes to change the design or operation of the solid waste facility in a manner that is not authorized by the existing permit, the operator shall file an application for revision of the existing solid waste facilities permit with the enforcement agency. The application shall be filed at least 180 days in advance of the date when the proposed modification is to take place unless the 180 -day time period is waived by the enforcement agency. (c) The enforcement agency shall review the application to determine all of the following: (1) Whether the change conforms with this division and all regulations adopted pursuant to this division. (2) Whether the change requires review pursuant to Division 13 (commencing with Section 21000). (d) Within 60 days from the date of the receipt of the application for a revised permit, the enforcement agency shall inform the operator, and if the enforcement agency is a local enforcement agency, also inform the department, of its determination to do any of the following: (1) Allow the change without a revision to the permit. (2) Allow the following changes without a revision to the permit through a modification to the permit allowed pursuant to regulations developed by the department: (A) The proposed change is to allow a nondisposal facility to increase the amount of solid waste that it may handle and that increased amount is within the existing design capacity as described in the facility's transfer processing report and review pursuant to Division 13 (commencing with Section 21000). (B) The proposed change is to allow a disposal facility to add a nondisposal activity to the facility that will increase the amount of solid waste that may be handled as described in the facility's report of facility information and review pursuant to Division 13 (commencing with Section 21000). (3) Disallow the change because it does not conform with the requirements of this division or the regulations adopted pursuant to this division. (4) Require a revision of the solid waste facilities permit to allow the change. (5) Require review under Division 13 (commencing with Section 21000) before a decision is made. (e) The operator has 30 days within which to appeal the decision of the enforcement agency to the hearing panel, as authorized pursuant to Article 2 (commencing with Section 44305) of Chapter 4. The enforcement agency shall provide notice of a hearing held pursuant to this subdivision in the same manner as notice is provided pursuant to subdivision (h). (f) Under circumstances that present an immediate danger to the public health and safety or to the environment, as determined by the enforcement agency, the 180 -day filing period may be waived. 92 10M EXHIBIT D Ch. 476 —12— (g) 12— (g) (1) A permit revision is not required for the temporary suspension of activities at a solid waste facility if the suspension meets either of the following criteria: (A) The suspension is for the maintenance or minor modifications to a solid waste unit or to solid waste management equipment. (B) The suspension is for temporarily ceasing the receipt of solid waste at a solid waste management facility and the owner or operator is in compliance with all other applicable terms and conditions of the solid waste facilities permit and minimum standards adopted by the department. (2) An owner or operator of a solid waste facility who temporarily suspends operations shall remain subject to the closure and postclosure maintenance requirements of this division and to all other requirements imposed by federal law pertaining to the operation of a solid waste facility. (3) The enforcement agency may impose any reasonable conditions relating to the maintenance of the solid waste facility, environmental monitoring, and periodic reporting during the period of temporary suspension. The department may also impose any reasonable conditions determined to be necessary to ensure compliance with applicable state standards. (h) (1) (A) Before making its determination pursuant to subdivision(d), the enforcement agency shall submit the proposed determination to the department for comment and hold at least one public hearing on the proposed determination. The enforcement agency shall give notice of the hearing pursuant to Section 65091 of the Government Code, except that the notice shall be provided to all owners of real property within a distance other than 300 feet of the real property that is the subject of the hearing, if specified in the regulations adopted by the department pursuant to subdivision (i). The enforcement agency shall also provide notice of the hearing to the department when it submits the proposed determination to the department. (B) The enforcement agency shall mail or deliver the notice required pursuant to subparagraph (A) at least 10 days prior to the date of the hearing to any person who has filed a written request for the notice with a person designated by the enforcement agency to receive these requests. The enforcement agency may charge a fee to the requester in an amount that is reasonably related to the costs ofproviding this service and the enforcement agency may require each request to be annually renewed. (C) The enforcement agency shall consider environmental justice issues when preparing and distributing the notice to ensure that the notice is concise and understandable for limited -English-speaking populations. (2) If the department comments pursuant to paragraph (1), the department shall specify whether the proposed determination is consistent with the regulation adopted pursuant to subdivision (i). (i) (1) The department shall, to the extent resources are available, adopt regulations that implement subdivision (h) and define the term "significant change in the design or operation of the solid waste facility that is not authorized by the existing permit." 92 am EXHIBIT D EXHIBIT D —13— (2) While formulating and adopting the regulations required pursuant to paragraph (1), the department shall consider recommendations of the Working Group on Environmental Justice and the advisory group made pursuant to Sections 71113 and 71114 and the report required pursuant to Section 71115. SEC. 15. Section 50001 of the Public Resources Code is amended to read: 50001. (a) Except as provided by subdivision (b), after a countywide or regional agency integrated waste management plan has been approved by the Department of Resources Recycling and Recovery pursuant to Division 30 (commencing with Section 40000), a person shall not establish or expand a solid waste facility, as defined in Section 40194, in the county unless the solid waste facility meets one of the following criteria: (1) The solid waste facility is a disposal facility or a transformation facility, the location of which is identified in the countywide siting element or amendment to that element, which has been approved pursuant to Section 41721. (2) The solid waste facility is a facility that is designed to recover for reuse or recycling at least 5 percent of the total volume of material received by the facility, and that is identified in the nondisposal facility element that has been approved pursuant to Section 41800 or is included in an update to that element. -------- __--------- ___(b)_Solid waste facilities other than those specified in paragraphs (1) and (2) of subdivision (a) shall not be required to comply with the requirements of this section. (c) The person or agency proposing to establish a solid waste facility shall prepare and submit a site identification and description of the proposed facility to the task force established pursuant to Section 40950. Within 90 days after the site identification and description is submitted to the task force, the task force shall meet and comment on the proposed solid waste facility in writing. These comments shall include, but are not limited to, the relationship between the proposed solid waste facility and the implementation schedule requirements of Section 41780 and the regional impact of the facility. The task force shall transmit these comments to the person or public agency proposing establishment of the solid waste facility, to the county, and to all cities within the county. The comments shall become part of the official record of the proposed solid waste facility. (d) The review and comment by the local task force shall not be required for an update to a nondisposal facility element. SEC. 16. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. M aka a, Proposed Regulation: Mandatory Commercial Recycling Mandatory Commercial Recycling Proposed Regulations..................................................... Description Page 1 of 3 EXHIBIT D New regulation covering CalRecycle's responsibilities for implementing mandatory commercial recycling (Recycling of Commercial Solid Waste) law. This rulemaking concerns recycling requirements for businesses that generate 4 cubic yards or more of commercial solid waste per week and multifamily residential dwellings with 5 or more units, requirements for local jurisdictions for education, outreach, monitoring and reporting, and CalRecycle review. Affected Regulatory Code Sections California Code of Regulations, Title 14, Division 7, Chapter 9.4, Article 2, commencing with Section 18836. Status - - -- -- --Formal rulemaking for the proposed regulation -begins -October 28, 2011 with the beginning of the 45 -day comment period which ends on December 12, 2011. A public hearing is scheduled for December 13, 2011, to receive comments following the initial 45 -day public comment period. Contact You may the contact CalRecycle's Mandatory Commercial Recycling team at climatechange(7g calrecycle.ca.gov. If you would like to receive an e-mail notification of developments in this rulemaking, please add your contact information to CalRecycle's Mandatory Commercial Recycling Ustserv. Planned Opportunities for Stakeholder Input October 28, 2011: CalRecycle starts 45 -day comment period for the proposed regulation, extending through December 12, 2011. December 13, 2011 Public Hearing: CalRecycle will hold a public hearing to receive comments for the proposed regulation following the 45 -day comment period. January 2012: 15 -day Public Comment Period, if needed, in response to written comments submitted to CalRecycle during the formal 45 -day comment period. February 2012 Public Meeting: The final proposed regulations will be presented at the CalRecycle public meeting. Rulemaking Documents Notice of Proposed Rulemaking (PDF, 324 KB), October 28, 2011. Public notice of the initial 45 -day comment period. Initial Statement of Reasons (PDF, 221 KB), October 28, 2011. A statement of the specific purpose and rationale for the program regulation. Proposed Regulations (PDF, 246 KB), October 28, 2011. Proposed regulatory text for 45 -day comment period. Rulemaking History Prior to AB 341 Prior to the passage AB 341, CalRecycle and the ARB worked together to establish a rulemaking process for the Mandatory Commercial Recycling Measure required in the AB 32 Scoping Plan. Under a Memorandum of Understanding between the two, CalRecycle was responsible for developing, implementing, and enforcing the regulations, while ARB was responsible for adopting the regulations and providing additional enforcement if needed. 84 http://www.calrecycle.ca.gov/Climate/Recycling/Workshops/default.htm 11/17/2011 Proposed Regulation: Mandatory Commercial Recycling Page 2 of 3 EXHIBIT D To build the basis for the rulemaking, CalRecycle and the ARB hosted eight (8) informal workshops to solicit stakeholder feedback regarding the measure and associated draft regulations. These workshops offered an informal opportunity to talk about design and implementation issues of this measure. While there are some distinctions between the draft regulations in this prior rulemaking effort and the commercial recycling program outlined in AB 341, the fundamental framework and principals are parallel. Therefore, CalRecycle staff has adjusted the proposed regulation for a new rulemaking, as described above to reflect the specifics of AB 341, while also carrying forward the language and details incorporated through the nearly 3 -year informal stakeholder engagement process. The following provides additional details regarding each of these workshops. Workshop Dates July 19, 2011, Sacramento, California CalRecycle staff conducted a workshop seeking stakeholder input on additional staff economic analysis and changes to the proposed AB 32 Mandatory Commercial Recycling regulation since the January 19, 2011 meeting. The workshop materials and description are posted on the related CalRecycle public notice pace. January 19, 2011, Sacramento, California At the January 19, 2011 workshop, CalRecycle and ARB staff reviewed the revised draft regulatory language (PDF, 116 KB), various related economic and environmental impact analyses, and the final draft report for the cost study on commercial recycling. Staff engaged with participants, addressing questions and collecting informal stakeholder comments related to these subjects through January 26, 2011. September 21, 2010, Sacramento, California In coordination with the Air Resources Board, CalRecycle focused the September 21, 2010 informal stakeholder workshop on various related analysis efforts, including the: Cost model for economic evaluation of the proposed regulation with supplemental economic analysis Local government cost survey Recycling and composting GHG emission reduction factors Environmental impacts analysis The workshop materials ere posted on the related CalRecycle public notice Page. CalRecycle staff requested comments by October 8, 2010. June 16, 2010, Sacramento, California As part of the Materials Management and Local Assistance (MMLA) monthly Public meeting agenda, CalRecycle staff engaged in an informal stakeholder workshop on the proposed AB 32 Mandatory Commr Recycling regulation. Event information included: agenda, proposed regulations, summary of proposed regulation, background information, and presentations. CalRecycle staff requested comments by June 30, 2010. Workshop topics included: Introductions and general project background information. Overview of the regulation. Focused discussion on related issues. Presentation of associated tools. Next steps and timeline for formal rulemaking. Presentations included: Sample Mandatory Commercial Recycling Ordinance Proiect by Yvonne Hunter, Institute for Local Government. (Adobe PDF, 171 KB) 85 http://www.calrecycle.ca.gov/Climate/Recycling/Workshops/default.htm 11/17/2011 Proposed Regulation: Mandatory Commercial Recycling Page 3 of 3 EXHIBIT D Calculator to Estimate Climate Financial and Diversion Benefits of Zero Waste by Amity Lumper, Cascadia Consulting Group, Inc. (Adobe PDF, 940 KB) December 15, 2009, Sacramento, California At the December 15 CIWMB Board Meeting, CIWMB Staff presented a discussion of and request for direction on Draft Proposed Regulatory Language (Word, 106 KB) and Rulemaking Plan (Word, 74 KB). September 15, 2009, Sacramento, California At the September 15th CIWMB Board Meeting, CIWMB Staff presented a compilation of stakeholder input (Word, 38 KB) obtained from workshops conducted in July and August. Also presented was Staff's Draft Concepts (Word, 235 KB) for Mandatory Commercial Recycling Regulation. July 20 and August 6, 2009, Northern and Southern California Agenda (Adobe PDF, 358 KB) I White Paper (Adobe PDF, 948 KB) All interested stakeholders were invited to informal stakeholder workshops on Mandatory Commercial Recycling. Staff provided background information regarding this measure, including related legislation, support projects, and the overall timeline at two initial workshops hosted in the summer of 2009. Discussion included input on a range of issues such as thresholds, exemptions, implementation, enforcement, and costs. These are also described in the related "white paper" provided above. In follow-up to these workshops, staff prepared and presented a summary of the informal stakeholder comment received relative to staffs draft conceptual regulatory provisions at the September 9,2009, Strategic Policy Development Committee meeting. At this meeting, staff was directed to use these conceptual regulatory provisions as the basis for draft regulatory language to be presented and discussed at the Strategic Policy Development Committee meeting in December 2009. Presentations July 20, 2009 Cal EPA Headquarters Building (available via broadcast) Sacramento, California Sacramento County's Commercial Recycling Program by Pat Quinn (Adobe PDF, 246 KB). For more information, go to the Sacramento County Business Recycling web page. August 6, 2009 South Coast Air Quality Management District Diamond Bar, California The City of Chula Vista's Commercial Recycling Ordinance by Lynn France (Adobe PDF, 1 MB). For more information, refer to the City of Chula Vista's Business Recvcling Guidelines. Mandatory Commercial Recycling Home ............................................................................................................................................................................ . ... Last updated: October 28, 2011 Climate Change: http7tt ry c lrecycle.ca gov/Climate Change/ Contact: climatechange(cDcalrecycle.ca.gov Conditions of Use I Privacy Policy ©1995 2011 California Department of Resources Recycling and Recovery (CalRecycle). All rights reserved. 10M http://www.calrecycle.ca.gov/Climate/Recycling/Workshops/default.htm 11/17/2011 EXHIBIT E Chapter 2.206 DEFAULTED PROPERTY TAX REDUCTION PROGRAM 2.206.010 Findings and declarations. 2.206.020 Definitions. 2.206.030 Applicability. 2.206.040 Required solicitation and contract language. 2.206.050 Administration and compliance certification. 2.206.060 Exclusions/Exemptions. 2.206.070 Enforcement and remedies. 2.206.080 Severability. 2.206.010 Findings and declarations. The Board of Supervisors finds that significant revenues are lost each year as a result of taxpayers who fail to pay their tax obligations on time. The delinquencies impose an economic burden upon the County and its taxpayers. Therefore, the Board of Supervisors establishes the goal of ensuring that individuals and businesses that -- ----- - - --- benefit financially from -contracts with the County fulfill their property tax obligation. - (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.020 Definitions. The following definitions shall be applicable to this chapter: A. "Contractor" shall mean any person, firm, corporation, partnership, or combination thereof, which submits a bid or proposal or enters into a contract or agreement with the County. B. "County" shall mean the county of Los Angeles or any public entities for which the Board of Supervisors is the governing body. C. "County Property Taxes" shall mean any property tax obligation on the County's secured or unsecured roll; except for tax obligations on the secured roll with respect to property held by a Contractor in a trust or fiduciary capacity or otherwise not beneficially owned by the Contractor. D. "Department" shall mean the County department, entity, or organization responsible for the solicitation and/or administration of the contract. E. "Default" shall mean any property tax obligation on the secured roll that has been deemed defaulted by operation of law pursuant to California Revenue and Taxation Code section 3436; or any property tax obligation on the unsecured roll that remains unpaid on the applicable delinquency date pursuant to California Revenue and Taxation Code section 2922; except for any property tax obligation dispute pending before the Assessment Appeals Board. 87 EXHIBIT E F. "Solicitation" shall mean the County's process to obtain bids or proposals for goods and services. G. "Treasurer -Tax Collector" shall mean the Treasurer and Tax Collector of the County of Los Angeles. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.030 Applicability. This chapter shall apply to all solicitations issued 60 days after the effective date of the ordinance codified in this chapter. This chapter shall also apply to all new, renewed, extended, and/or amended contracts entered into 60 days after the effective date of the ordinance codified in this chapter. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.040 Required solicitation and contract language. All solicitations_ and all new, renewed, -extended, and/or amended contracts shall contain_ language which: A. Requires any Contractor to keep County Property Taxes out of Default status at all times during the term of an awarded contract; B. Provides that the failure of the Contractor to comply with the provisions in this chapter may prevent the Contractor from being awarded a new contract and C. Provides that the failure of the Contractor to comply with the provisions in this chapter may constitute a material breach of an existing contract, and failure to cure the breach within 10 days of notice by the County by paying the outstanding County Property Tax or making payments in a manner agreed to and approved by the Treasurer -Tax Collector, may subject the contract to suspension and/oi termination. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.050 Administration and compliance certification. A. The Treasurer -Tax Collector shall be responsible for the administration of this chapter. The Treasurer -Tax Collector shall, with the assistance of the Chief Executive Officer, Director of Internal Services, and County Counsel, issue written instructions on the implementation and ongoing administration of this chapter. Such instructions may provide for the delegation of functions to other departments. B. Contractor shall be required to certify, at the time of submitting any bid or proposal to the County, or entering into any new contract, or renewal, extension or amendment of an existing contract with the County, that it is in EXHIBIT E compliance with this chapter is not in Default on any County Property Taxes or is current in payments due under any approved payment arrangement (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.060 Exclusions/Exemptions. A. This chapter shall not apply to the following contracts: 1. Chief Executive Office delegated authority agreements under $50,000; 2. A contract where federal or state law or a condition of a federal or state program mandates the use of a particular contractor; 3. A purchase made through a state or federal contract; 4. A contract where state or federal monies are used to fund service related programs, including but not limited to voucher programs, foster care, or other social programs that provide immediate direct assistance; 5. Purchase orders under a master agreement, where the Contractor was certified at the time the master agreement was entered into and at any subsequent renewal, extension and/or amendment to the master agreement B. Purchase orders issued by Internal Services Department under $100,000 that is not the result of a competitive bidding process. 7. Program agreements that utilize Board of Supervisors' discretionary funds; 8. National contracts established for the purchase of equipment and supplies for and by the National Association of Counties, U.S. Communities Government Purchasing Alliance, or any similar related group purchasing organization; 9. A monopoly purchase that is exclusive and proprietary to a specific manufacturer, distributor, reseller, and must match and inter -member with existing supplies, equipment or systems maintained by the county pursuant to the Los Angeles Purchasing Policy and Procedures Manual, section P-3700 or a successor provision; 10. A revolving fund (petty cash) purchase pursuant to the Los Angeles County Fiscal Manual, section 4.6.0 or a successor provision; 11. A purchase card purchase pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, section P-2810 or a successor EXHIBIT E provision; 12. A non -agreement purchase worth a value of less than $5,000 pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, section A-0300 or a successor provision; or 13. A bona fide emergency purchase pursuant to the Los Angeles County Purchasing Policy and Procedures Manual section P-0900 or a successor provision; 14. Other contracts for mission critical goods and/or services where the Board of Supervisors determines that an exemption is justified. B. Other laws. This chapter shall not be interpreted or applied to any Contractor in a manner inconsistent with the laws of the United States or California. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.070 Enforcement and remedies. A. The information furnished by each Contractor certifying that it is in compliance with this chapter shall be under penalty of perjury. B. No Contractor shall willfully and knowingly make a false statement certifying compliance with this chapter for the purpose of obtaining or retaining a County contract. C. For Contractor's violation of any provision of this chapter, the County department head responsible for administering the contract may do one or more of the following: 1. Recommend to the Board of Supervisors the termination of the contract; and/or, 2. Pursuant to chapter 2.202, seek the debarment of the contractor; and/or, 3. Recommend to the Board of Supervisors that an exemption is justified pursuant to Section 2.206.060.A.14 of this chapter or payment deferral as provided pursuant to the California Revenue and Taxation Code. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.080 Severability. If any provision of this chapter is found invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. (Ord. No. 2009-0026 § 1 (part), 2009.) PAaspub\CONTRACT\Edwn\SOUTH WHITTIER SHUTTLB201 O\RFPWxhIbkE Defauft Tm.d= CODepartment of the Treasury Internal Revenue Service Notice 1015 (Rev. December 2011) Have You Told Your Employees About the Earned Income Credit (EIC)? What Is the EIC? a The IRS Form W-2, Wage and Tax Statement, which has How Do My Employees Claim the EIC? The EIC is a refundable tax credit for certain workers. Which Employees Must I Notify About the EIC? You must notify each employee who worked for you at any time during the year and from whom you did not withhold income tax. However, you do not have to notify any employee who claimed exemption from withholding on Form W-4, Employee's Withholding Allowance Certificate. Note. You are encouraged to notify each employee whose wages for 2011 are less than $49,078 that he or she may be eligible for the EIC. How and When Must I Notify My Employees? EXHIBIT F You must hand the notice directly to the employee or send it by first-class mail to the employee's last known address, You will not meet the notification requirements by posting Notice 797 on an employee bulletin board or sending it through office mail. However, you may want to post the notice to help inform all employees of the EIC. You can get copies of the notice from IRS.gov or by calling 1-800-829-3676. - How Will My Employees Know if They Can Claim the EIC? The basic requirements are covered in Notice 797. For more detailed information, the employee needs to see Pub. 596, Earned Income Credit (EIC), or the instructions for Form 1040, 1040A, or 1040EZ. You must give the employee one of the following: a The IRS Form W-2, Wage and Tax Statement, which has How Do My Employees Claim the EIC? the required information about the EIC on the back of Eligible employees claim the Etc on their 2011 tax return. Copy B. Even employees who have no tax withheld from their pay or • A substitute Form W-2 with the same Etc information on owe no tax can claim the EIC and get a refund, but they the back of the employee's copy that is on Copy B of the must file a tax return to do so. For example, if an employee IRS Form W-2. has no tax withheld in 2011 and owes no tax but is eligible o Notice 797, Possible Federal Tax Refund Due to the for a credit of $829, he or she must file a 2011 tax return to Earned Income Credit (EIC). get the $829 refund. • Your written statement with the same wording as Can My Employees Get Advance EIC Payments? Notice 797. If you are required to give Form W-2 and do so on time, After 2010, your employees can no longer get advance no further notice is necessary if the Form W-2 has the payments of the credit in their pay during the year as they required information about the EIC on file back of the could in 2010 and earlier years, because the law changed. employee's copy. If a substitute Form W-2 is given on time However, if they are eligible, they will still be able to claim but does not have the required information, you must notify file credit on their tax return. the employee within 1 week of the date the substitute Form Form W-5, Earned Income Credit Advance Payment W-2 is given. If Form W-2 is required but is not given on Certificate, is no longer in use. time, you must give the employee Notice 797 or your written statement by the date Form W-2 is required to be given. If Notice 1015 (Rev. 12-2011) Form W-2 is not required, you must notify the employee by cul. No. 205991 February 7, 2012. E 92 How does it work? A distressed parent who it unable or um.illing to are for a baby can leg fly. tonG.kndaay. ami safely stormier a bsby within Thor. days (72 hones) Of hinb. The holy m art be handed to an employee at a hospital or fire station in lot Angeles Courcy. As long as the baby shnwa no eiem of ab it or targets, m, mine or odsa information is required. in cue slit parcm changes hit or her mind as a later dam and wants she baby back. stiff will tut lancelets to help ronnezr them m each sahnr. One bncdet will ba Abend on the baby, Mid a mulching bm«Ict will be giucn n, d,e parent or other xusremlering aduh. What if a parent wants the baby hark? _ Parents who drange dseir minds can begin the prucrrs of rcclslming their bahy within 14 day.. I dim g:cnts shtwld call the Los Angeiz C runty Department of Children and Family Semites ac 1-a00-54"000. Can only a parent bring in the baby? No. Agtile in must ca>es a parent will bring in the baby, the law allmtry other lmaplc to bring in the bahy if [hcy luvc lawful nucody. Does the parent or surrendering adult have to cap before bringing in the baby? Ma. A patent or surrndrriug adult an bring in c. fiche wwtinw, '14 ))Ours a day, J days a week, as long is the puenr or surrendering ach6 surrenders ire baby to somronr. who works at The hospital or Get station. EXHIBIT G Does the parent or surrendering adult have to tell anything to the people taking the baby? No. nnw•ewr, uny,irl nr n .marinas licesonnel will ask the surrndering party to fill our a questionnaire designed to gather impurtam medical history infowarion, which ie eery mrful in curing For the [why- The queniumaire iutlud v a su nlwd refill, nndnl,c and can be sent in ac a lain time. What happens to the baby? The bahy will le examined and given nmdicvl ncstmcnt Vixen rakasc fmn, the hospital, social workers immediately place the baby in a safe and loving home aml bean the adofnton ptoccas. What happens to the parent or surrendering adult? (free the pnmm nr mrmOdering adult surrerdera she baby to hospital or fire station persoonel, they may 1•avrar any nsnv. Why is California doing this? The purpose of the Safely SnrrmJrnxl Rally Lew is to pate er babies lawn being abandoned, from or killed by their parents. You may ha%re heard uagia stories of babies left in dumpsters or public bathn,ums. Their parents ma• have been uml<r s<.rrc <moriorrd diniusc Tlw mothers may hart hidden their prcgnmmios. karfui orwhat wnuld happen if their families fnmid nuc Bcoauic theywnc afraid and had nn one or nowhere to mor for help. they pb:mdunrd rliclr bcbir.. Abandoning a baby is iflelpl and places the baby in caucm.. danger. Tic ofiaro it r<sulu in she habt's death. The Safuh• gsarcadcrecl Baby Law pres-rmc this tragedy from crcr bapikning again is Cali to Mia. a A bal�ys story ;< W. Hedy in the morning un April `), 2005, a b<ahhy bahy Mx was varely surrcn CLdeml to nurses are flarbur- CI Medical u l Cxntcr. The wnnn who brought the Inky to the hngntal identified hermlf iss the bahyet aunt ,_«, r �`t and smted rhe baby's mother had asked her to bring she Fahy to the hospital on her behalf. The aunr was given a . r„ bracelet sitb a number marching the ankle[ placed on the baby-. this would provide were idemilimuon in the event the meths clunbrd her mind absent snrcntkting she baby and wishmi to reclaim the baby in the 11 -Jay penial alluwrd by the Law. The atnc was also Prutidt'd with a medical qunriunnuir anal sa.41>be would have the mother ixmspkre aml mad bath in clic. mlud rnurn emszlnPe Provided. The Irby wax exantir.d by oedieal sruncnd limnounccd l,tulthy and fulhrmm. I le wen placed with a Irving family chat had 1>;•en appro d to adopt him In, the Dtlnnnscnt of Children and Family &:victor RK ��\- w -- \©\ \ 2 % 4136mo funciona? IJ padUJmaJR cuu diiaUIfAJO que nu puede n no quiera cuidar de m r"n nxulu puale entregado en [Uma kgal. confidancial yseguia denum de los tms dlu (? lima) dol nximcnw. EI la :' ck w acr tntteg eo a un empleado de aulquier hospital o cuesttl de bomt+tms hl Condado de Im Argds. Siemprc qui: d kW no poneme wtoays ole. abuw o Rog rruria, on u 3 noa•6 rn .usminiumr ixnub v m PnfurmKiunalbmna. SidpadPd:vdrc cambia de opinidn pontrionatim: y deaea rcamperar a va bc[)A, Ica nabaladnrcs utilimrin hrmalens Iona p+dcr v-imvlarhas. Fi bebi flelmd nn braakte It el pxlydmadico:I adulm que ka cntmgdw mibhl un braeikir i6wa). jOue pasa si of padrelmadre desea recuperar a su bebe? Loa oadtes ll*ecantbtrn Joe op pilin p rolzu conwnur cl protean de ca'lamar a su MCldn tucido denim de los 14 dias runt padms dcicr n linear al Deputumenvo de $dvi:i*s para NIP.ca v pvnillae fDelaattnxnt of (30dren and Tinnily Scr.icet) do! Cunda i do Loa Ang:6 at 1 -800-540.401110. gS610 los padres podran Ilevar al recidn nacido? No. Si hien on la maryoda do lot oras ntn Iox padwr, lot quc Ikvasr at tcbr, k ley permire que ouas personas to hagan d nerren aumdia &qrd. LLos padres a el adulto que entrega al build deben Hamar antes do Ilevar al bebe? No. U pa)tdmadw o adulm pocdt gena[ it bcbc. w walgmcr momcnto, Inr 24 horn did ell. los 7 dfm dt It wcuru, sinnpm y nude Alluteuen a U Ixbd A un tmpleadv Jct hnapiell o cuanel h txombrruc Hioaria ole un bebe 6Es necesaria que el padrei madre o aduita diga algo a las personas quo reeiben at bebd? No. Sin emhug*, of nenurul &I htapiwl u cuanel dr bombtrw It podia a It peUom qtw cnt•cgsc v 6cb4quc Ilan on cuestiomrio con la luulidad de ucabu anrtctdtntes Mmicel imponama. que nasulan do gran urilidild para euidar hkn Jet [+rile. pd aUstummio mAnto *n wbre wn ChOrt 1>osml pagudc, loan enviado nu 0110 momento. 44u6 pasara can el Bebe? 171 beW wrd cxamiratdo It to brindanin aonci6n mildica. Cuando It den cl alta dd htavpiral, lea Uabaja)ura .ea:iala inmodimanneme alecaan At bdd to un hogat aegum Jonde enol bion armdiclo, y ee u, mcmeani of pt«rau ole adoln iun. roue pasar5 can of padrelmadre o adults qua entregue at bebe? Una ort que Ira paxlrct o adult* hayan enrrcgado al heM at perm,ui del 6orsird o cuanel de bomberos, pueden ine en cualquier mmncuco. [,Par que se este hacienda esto an Califomia? ? U tinalidad de la lay de Entrap de 6ebts Ain Migro o pnncger a itis bcbra pua quo no wan abandondos, hsrimados o macrmsiwrsm padres. Card probabkmeme hwa es<uchedo hisrorias wgicax xohtc b:hc4 atrandonedrs cn Inmmnm o Co bafroA pdblPusc tail padre[ tte rails brWt prof aN<m<n,c hyan nxallu parudo per d;ikUlt]des enmcurnaka gaeea. Las madree purden habet ueuhado to embuuo, par temor a 1* que pasaria Si wU ftmifi:u ac. cnucrmmn. Abanonawna sus belafs porque genian mkdo y no rcaian Pudic a quien pedir ay,da. Ll abaulona da un tecien nacido cs &&r! y Iniac al laid cn *Pu x)urat uin rk pdibmr cxncmn. Muy o incnuder d abxndomer pmmca la inuercc dol .lolyd. 1.3 1 y do F n egi do IkhEx girl radibtmt imptde quc wdva a war<lcr nu tragedia on California. A la marianaeempnno Jet J& 9 de Abrii ak 2005. w emregd un reri2n lucid* vkxtxhle. a las rnfermrns JetNma I fadsnr-UCIA Medical Ccorcr. la mgjer quc WO d recien rnwido al hmapivai le: day a a>ntutr Cuero to da JdheM. y ddjn quo la midge le hahra pedido got Iltvara at behe a1 hmcpital en su nomhre. I r entregaron a la ria unbcuiltte con un ndmem que coinddfa con la puketa delbebf; elm senvfa mmo idendcad6n en naw de que la made ambiarx ak opinion can trapcnu alarnmp [lei bcbc y da]dl<a rccaPperatlu dcnUo dot pcdodu stc 14 dos quc pern Icy. T mbirn k dienan A la Ja on uPodoruriu mt iuu• y Alla r ju quo It madre to Ilrauru y io lanai is J. vruLa d<mm+ Jet Are ran liarnlwro pagu3n quc lc lrabfmr digin. T7 lwrc+nxl mcdim examinfi xltclw•rc dtntrnaind quc esrxlxs anitsiabkyxthmiPm. f]I�hc tiro ulti"do con Una buuu Fiat qui yt hah(a Tido upnAwda Iran adnpurin I„x d Dupamam,:nm do 4rvidnu tun Nifu r ramlis< 95 EXHIBIT H BOND FOR FAITHFUL PERFORMANCE Annually Renewable Performance and Payment Bond KNOW ALL MEN BY THESE PRESENTS: That ("Principal") and ("Surety"), are held and firmly bound unto the COUNTY OF LOS ANGELES, State of California ("Obligee"), in the penal sum of dollars for the payment of which sum, the Principal and Surety bind themselves, and each of their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a contract with the Obligee entitled (Title) (the "Franchise Agreement") for the performance of the terms, conditions, covenants and obligations and services set forth in the Franchise Agreement, including but not limited to providing Franchise services in bins or dumpsters and roll -off boxes in the unincorporated areas of Los Angeles County and payment of the applicable franchise fee; and payment of any liquidated damages assessed pursuant to the Franchise Agreement; and WHEREAS, the Franchise Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein; NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the Principal shall well and truly perform each and every covenant and obligation in the Franchise Agreement at the time and in the manner specified in the Franchise Agreement during the term -of this bond, and shall reimburse the Obligee for all loss and damage which the Obligee may sustain by reason of failure or default on the part of the Principal, then this obligation shall be void, otherwise it shall remain in full force and effect. PROVIDED, however that this bond is subject to the following conditions and provisions: 1. This bond is for the term beginning and ending 2. In the event of default by the Principal in the performance of the Franchise Agreement during the term of this bond, the Surety shall be liable only for the loss to the Obligee due to damages as described in Section 15 of the Franchise Agreement. The Surety, after investigation, shall with reasonable promptness determine the amount for which it may be liable to the Obligee as soon as practicable after the amount is determined, and tender payments to the Obligee to secure substitute services, remedy damages incurred, and ensure satisfaction of all performance obligations as set forth in Section 15 of the Franchise Agreement and only for the purpose of enforcing such Franchise Agreement obligations as they pertain to this bond. 3. Except for a claim for compensatory damages as defined in Section 17, D.1 of the Franchise Agreement, no claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless it be brought or instituted and process served upon the Surety within two years after the expiration of the stated terms of this bond. 4. Neither non -renewal by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of non -renewal, shall itself constitute loss by the Obligee recoverable under this bond, notwithstanding any language in the Franchise Agreement to the contrary. 5. The bond may be extended for additional one-year terms at the option of the Surety, by Continuation Certificate executed by the Surety. 6. The liability of the Surety under this bond and all Continuation Certificates shall not be cumulative and under no circumstances shall the Surety's liability exceed the penal sum stated herein. 7. No right of action shall accrue on this bond to or for the use of any person, entity or corporation other than the Obligee and this bond cannot be assigned to any other party without the written consent of the Surety. 8. Other than the Surety's right to renew this bond to extend its termination date, the Surety stipulates and agrees that any change, extension of time, alteration or addition to the terms of the Contract, including alterations in the work to be done, or increase or decrease of the material to be furnished, shall not in any way release either the Principal or Surety, and Surety hereby waives notice of any such change, extension of time, alteration or addition. 96 1 EXHIBIT H 9. In the event that suit is brought against this bond, the Surety will pay, in addition to the penal sum herein, costs and reasonable expenses and fees, including reasonable attorney's fees, as awarded and fixed by the court. Signed and sealed this Principal day of Surety BY: (Seal) BY: Name and Title Attorney-in-fact BY: Name and Title APPROVED AS TO FORM: JOHN F. KRATTLI - --- -- --Acting County Counsel -- - - - BY: 97 1 EXHIBIT I -FRANCHISEE DOCUMENTATION (PAGE 98 — xxx) Will be entered after receipt of bond and insurance 1. Form PW -1 Verification of Proposal 2. Form PW -3 Conflict of Interest Certification 3. Form PW -5 Proposer's Equal Employment Opportunity Certification 4. Form PW -6 List of Subcontractors 5. Form PW -8 GAIN and GROW Employment Commitment 6. Form PW -10 Charitable Contributions Certifications 7. Form PW -13 Defaulted Property Tax 8. Form -PW -14 Recycling -and Waste Diversion Plan - - 9. Form PW -15 Subscription Order Template 10. Form PW -16 Unpermitted Waste Screening Protocol 11. Form PW -17 Personnel Contact List 12. Form PW -18 Solid Waste Facilities 13. Form PW -19 Service Area Checklist 14. Form PW -20 Vehicle Information 15. Waste Collectors Permit 16. Insurance Accord 17. Performance Bond Multiple Waste Collector Permits 1. Form PW -17.1 Personnel Contact List, 2. Form PW -18.1 Solid Waste Facilities 3. Form PW -20.1 Vehicle Information FORM PWA VERIFICATION OF PROPOSAL DATE: 1/27 , 2012 THE UNDERSIGNED HEREBY DECLARES AS FOLLOWS: 1. THIS DECLARATION IS GIVEN IN SUPPORT OFA PROPOSAL FORA CONTRACT WITH THE COUNTY OF LOS ANGELES. 2. NAME OF SERVICE: NON—EXCLUSIVE COMMERCIAL FRANCHISE SERVICES (2012—FA001) DECLARANT INFORMATION 3. NAME OF DECLARANT: CONSOLIDATED DISPOSAL SERVICE, LLC (KURT BRATTON, Vice Pres.) 4. I AM DULY VESTED WITH THE AUTHORITY TO MAKE AND SIGN INSTRUMENTS FOR AND ON BEHALF OF THE PROPOSER(S). 5. MY TITLE,CAPACITY, OR RELATIONSHIP TO THE PROPOSER(S) IS: KURT BRATTON, VICE PRESIDENT PROPOSER INFORMATION 6. Proposers full legal name." CONSOLIDATED DISPOSAL SERVICE, LLC TelephoneNo.: (800) 299-4898 Address:12949 TELEGRAPH RD, SANTA FE SPRINGS, CA 90670 FaxNo.: (562) 347-4094 e-mail: Coun WebVenNo.:00636803 IRSNo.:65-0844469 Business License No.: N/A KB 7. Proposers fictitious business name(s) or dba(s) (if any : County(s) of Registration: State: Years) became DBA: 6. The Proposer's form of business entity is (CHECK ON LY ONE): i I__Sole proprietor Li Acoporation: Name of Proprietor: Corporation's principal place of business: State of incorporation: Year P U Non-profit corporation certified under IRS -501 (c) 3 and registered with the CA Attorney General's Registry of Ch aritable Trusts PresidenUCEO: Secretary: I t A general partnership: Names of partners: C A limited partnership: Name ofgeneral partner. FI A joint venture of. Names of joint venturers: IAC A limited liability company: Name of managing member. REPUBLIC. SERVICES, INC. 9. The only persons or firms interested in this proposal as principals are the following: Nano(s) KURT 13RATTON Wa VICE PRESIDENT Phow (562) 347-4049 rm 347-4094 sraet 12949 TELEGRAPH RD cny SANTA FE SPRINGS smm CA Zip 90670 NanowFRED FREUND TsaAREA CONTROLLER Phone (562) 347-4044 1347-4094 swat 12949 TELEGRAPH RD c4SANTA FE SPRINGS sees CA 10 90670 10. Is your firm wholly ormgoriyowned by, orasubsidiary ofanother firm? U No Yes If name of firm: REPUBLIC SERVICES INC. yes, parent State of incorporation/registrationofparent firm: DELAWARE 11. Has yourfirm done business under any other name(s) Within the last five years? l� No L: Yes If yes, please lisfDffiffname(s): Name(s): Year of name change: Name(s):Year of name change: U. Is your firm involved in any pending acquisition or merger? X No :: Yes If yes, indicate the associated oompanys name: 13. Proposer acknowledges that'd any false, misleading, incomplete, or deceptively unresponsive statements in connection with this proposal are made, the proposal maybe rejected. The evaluation and determination in this area shall beat the Dtrectors solejudgment and the Directorsjudgment shall be final. r (a) I am making these representations and an representation contained in this proposal on my personal knowledge; 14. CHECK ONE: ort LSF b 1 am maim these resentations all re resenta0on contained inthis ro sal based on information and beWM that the are true. 1 declare under penalty of perjury under the laws alifomia that the ve ation is true and coned Signature of Proposer or Authorized Agen • Date: Type name and title: KURT BRAT N, ICE PRE IDENT 2M FORM PW -3 CONFLICT OF INTEREST CERTIFICATION KURT BRATTON LJ sole owner ❑ general partner ❑ managing member ® President, Secretary, or other proper title) VICE PRESIDENT Of CONSOLIDATED DISPOSAL SERVICE, LLC Name of proposer make this certification in support of a proposal for a contract with the County of Las Angeles for services within the scope of Los Angeles County Code Section 2.180.010, which provides as follows: Contracts Prohibited. A. Notwithstanding any other section of this code, the county shall not contract with, and shall reject any bid or proposal submitted by, the persons or entities specified below, unless the board of supervisors finds that special circumstances exist which justify the approval of such contract. Employees of the county or of public agencies for which the board of supervisors is the governing body; 2. Profit-making firms or businesses in which employees described in subdivision 1 of subsection A serve as officers, principals, partners, or major shareholders; 3. Persons who, within the immediately preceding 12 months, came within the provisions of subdivision 1 of subsection A, and who: (a) Were employed in positions of substantial responsibility in the area of service to be performed by the contract; or (b) Participated in any way in developing the contract of its service specifications; and 4. Profit-making firms or businesses in which the former employees described in subdivision 3 of subsection A, serve as officers, principals, partners, or major shareholders. I hereby certify I am informed and believe that personnel who developed and/or participated in the preparation of this contract do not fall within scope of the Los Angeles County Code Section 2.180.010 as cited above. Furthermore, that no County employee whose position in the County enables him/her to influence the award of this contract, or any competing contract, and no spouse or economic dependent of such employee is or shall be employed in any capacity by the Contractor herein, or has or shall have any direct or indirect financial interest in this contract. understand and agree that any falsification in this Certificate will be grounds for rejection of this Proposal and cancellation of any contract awarded pursuant to this Proposal. I certify under pp"Ity of perWethes of California that the foregoing is true and correct. Sign/ / Date 100 1CGI�3xi-'. PROPOSER'S EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Service CONSOLIDATED DISPOSAL SERVICE, LLC 12949 TELEGRAPH RD, SANTA FE SPRINGS, CA 90670 65-0844469 In accordance with Los Angeles County Code Section 4.32.010, the Proposer certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and will be treated equally by the firm without regard to or because of race, religion, ancestry, national origin, or sex and in compliance with all anti -discrimination laws of the United States of America and the State of California. The proposer has a written policy statement prohibiting any discrimination in ® YES 1 all phases of employment. ❑ NO 2 The proposer periodically conducts a self- analysis or utilization analysis of ® YES its work force. ❑ NO The proposer has a system for determining if its employment practices are ® YES 3 discriminatory against protected groups. ❑ NO Where problem areas are identified in employment practices, the proposer ® YES 4. has a system for taking reasonable corrective action, to include establishment of goals and timetables. ❑ NO KURT BRATTON, VICE PRESIDENT 2111, 101 FORM PW -6 LIST OF SUBCONTRACTORS Proposer is required to complete the following. Any Subcontractors listed must be properly licensed under the laws of the State of California for the type of service that they are to perform, AND THEIR LICENSE NUMBERS MUST BE LISTED HEREIN. Failure to do so may result in delay of the award of contract. Do not list alternate subcontractors for the same service. ® Proposer in providing the requested services will not utilize Subcontractors. Proposer will perform all required services. Name Under Which Subcontractor is Licensed License Number Address Specific Description of Subcontract Service 102 FORM PW -8 GAIN and GROW EMPLOYMENT COMMITMENT The undersigned: ❑ has hired participants from the County's Department of Social Services' Greater Avenue for Independence (GAIN) and General Relief Opportunity for Work (GROW) employment programs. M-0 IN declares a willingness to consider GAIN and GROW participants for any future employment opening if participant(s) meet the minimum qualification for that opening, and declares a willingness to provide employed GAIN and GROW participants access to proposer's employee mentoring program(s), if available, to assist those individuals in obtaining permanent employment and/or promotional opportunities. l Signat a Title VICE PRESIDENT Firm Name I VDate CONSOLIDATED DISPOSAL SERVICE, LLC 3 /v 103 Name CHARITABLE CONTRIBUTIONS CERTIFICATION CONSOLIDATED DISPOSAL SERVICE, LLC FORM PW -10 ress 12949 TELEGRAPH ROAD, SANTA EE SPRINGS, CA 90670 Internal Revenue Service Employer Identification Number 65-0844469 California Registry of Charitable Trusts "CT" number (if applicable) The Nonprofit Integrity Act (SB 1262, Chapter 919) added requirements to California's Supervision of Trustees and Fundraisers for Charitable Purposes Act which regulates those receiving and raising charitable contributions. CERTIFICATION YES NO Proposer or Contractor has examined its activities and determined that (K ) ( ) it does not now receive or raise charitable contributions regulated under California's Supervision or Trustees and Fundraisers for Charitable Purposes Act. If Proposer engages in activities subjecting it to those laws during the term of a County contract, it will timely comply with them and provide County a copy of its initial registration with the California State Attorney General's Registry of Charitable Trusts when filed. am Proposer or Contractor is registered with the California Registry of ( ) (X ) Charitable Trusts under the CT number listed above and is in compliance with its registration and reporting requirements under California law. Attached is a copy of its most recent filing with the Registry of Charitable Trusts as required by Title 11 California Code of Regulations, sections 300-301 and Government Code sections 12585-1 86. S gnature Date KURT BRATTON, VICE PRESIDENT Name and Title (please type or print) 104 FORM PW -13 CERTIFICATION OF COMPLIANCE WITH THE COUNTY'S DEFAULTED PROPERTY TAX REDUCTION PROGRAM The Proposer certifies that: N It is familiar with the terms of the County of Los Angeles Defaulted Property Tax Reduction Program, Los Angeles County Code Chapter 2.206; AND To the best of its knowledge, after a reasonable inquiry, the Proposer/Bidder/Contractor is not in default, as that term is defined in Los Angeles County Code Section 2.206.020.E, on any Los Angeles County property tax obligation; AND The Proposer/Bidder/Contractor agrees to comply with the County's Defaulted Property Tax Reduction Program during the term of any awarded contract. -OR- I am exempt from the County of Los Angeles Defaulted Property Tax Reduction Program, pursuant to Los Angeles County Code Section 2.206.060, for the following reason: i declare under penalty of perjury under the laws of the State of Califomia that the information stated above is true and correct. Print Name: KURT BRATTON Title: VICE PRESIDENT Signature - Date: �( Z 105 FORM PW -14 RECYCLING AND WASTE DIVERSION PLAN One of the primary reasons the County is entering into the non-exclusive commercial franchise agreements is to increase commercial and multi -family recycling and to assist the county in its efforts to comply with the State's recycling mandates. The success of your Recycling and Diversion Plan is key to achieving that goal. Proposers must have a County Approved Recycling and Waste Diversion Plan to be considered responsive. An incomplete or unapproved Recycling and Waste Diversion Plan may be cause for disqualification of proposal. Attach additional sheets if necessary. General Company I nformation Company Name: CONSOLIDATED DISPOSAL SERVICE, LLC Contact Person Representing Company: Title: VICE PRESIDENT KURT BRATTON Phone Number: --- ___E-mail_Address: KBRATTON@REPUBLICSERVICES . COM Type of collection services that will be provided (check all that apply): ff Commercial waste collection M Multi -family waste collection I�J Roll -off Services D Other waste collection (please specify): Program Details 562-347-4049 6 Industrial waste collection 0 Construction and Demolition waste collection 1. Do you plan on transporting your commercial solid waste from Los Angeles County unincorporated areas (CUA) to a Materials Recovery Facility (MRF) and/or transfer/processing facility? Yes 6 No D if yes, how much of your CUA waste will you transport to a MRF? Percentage TBD % Please provide name(s) of Material Recovery Facility and recovery rate(s). (COMMINGLED RECYCLABLES) 80 ESTIMATED A) CVT (MIXED SOLID WASTE STREAM)MRFRecovery Rate 5o % B) FALCON (FOR MRF Recovery Rate 93 % 2. Do you currently provide separate collection services for the following? (check all that apply) 0 Recyclable materials 9 Green Waste D Manure IN Food Waste 29 Bulky Items IN Universal Waste IN Electronic Waste D Other:_ Page 1 of 4 106 FORM PW -14 3. Please complete the form below and provide details on all the recycling efforts, programs and procedures you plan to implement (check all that apply). Attach additional sheets if necessary. If you provide ROLL -OFF SERVICE exclusively, please complete items D and E only in this section. A: Site Visit and Audit You must visit all customers, evaluate whether their existing levels of refuse and recycling service is appropriate, and promote and implement recycling services whether or not customers are subject to mandatory commercial recycling requirements under state law. (See ATTACHMENT #1 to the commercial franchise: C. SOLID WASTE AUDITS) The following people will conduct site visits: 0 existing staff within our company (recycling coordinator) 29 a subcontractor ❑ other: You will schedule site visits in the following manner: � telephone LSI direct mail - - - 6 -in-person ❑ other: ❑ Other information you would like to add: B: Types of recycling containers and sizes offered ❑ One cubic yard bin ❑ One and a half cubic yard bin ❑ Two cubic yard bin ® Three cubic yard bin W Four cubic yard bin ❑ Five cubic yard bin ❑ Six cubic yard bin ❑ Seven or more cubic yard bin IN Food waste container (Indicate types and sizes ❑ Manure container (Indicate types and sizes offered): ❑ 32/35 gallon recycling cart 0 64/65 gallon recycling cart 0 94/95 gallon recycling cart ❑ Other: ___ AUTOMATED 64 OR 96 GALLON CARTS C: Recycling container contamination procedure What percentage of contamination will prompt your follow-up action? ❑ 1-9% IKI 20-29% ❑ 40-49% ❑ 10-19% ❑ 30-39% ❑ 50% or more Contamination observed — First occurrence ❑ container collected with no follow-up action 1Z container collected and notified customer with a warning ❑ container not collected and tagged with non -collection notice ❑ other: Page 2 of 4 107 FORM PW -14 Contamination observed — Second occurrence ❑ container collected with no follow-up action ❑ container collected and notified customer with a warning ❑ container not collected and tagged with non -collection notice ❑ container not collected, tagged and customer contacted in person or phone with second warning • container collected and customer charged for pick-up ❑ container collected, customer charged for pick-up and recycling container removed ❑ other: Contamination observed —Third occurrence ❑ container collected with no follow-up action ❑ container collected and notified customer with a warning ❑ container not collected and tagged with non -collection notice ❑ container not collected, tagged and customer contacted in person or phone with second warning IR container collected and customer charged for pick-up ❑ container collected, customer charged for pick-up and recycling container removed t We will notify the County if we remove any recycling container from a customer due to excessive contamination, upon request. D: Required recycling efforts ® We understand and acknowledge that under the commercial franchise we must use our best efforts to implement measures intended to achieve source reduction, recycling and waste stream diversion goals for solid waste we collect. ® We understand and acknowledge that under the commercial franchise we must use our best efforts to divert bulky items, electronic waste, CEDs, manure and construction and demolition debris from disposal. E. Interjurisdictional routes (incorporated and unincorporated areas) allocation methodology How do you verify a service address to determine if the origin falls within County unincorporated boundaries? Service addresses are sorted and jurisdictions of origin determinations are made for each customer by: ❑ our office staff manually searches customers' address using mapping software or Thomas guide ® we enter each customer's service address into a database, then filter the data through an automated mapping software that separates unincorporated addresses from incorporated addresses ❑ other: How do you calculate the incorporated/unincorporated percentage allocations? [21 (1) add together the aggregate disposal / recycling capacity -service volume (yards/bins, gallons/carts) for all customers with service addresses in the unincorporated and incorporated areas (2) multiply each jurisdiction's tonnage by standard, average weights per cubic yard/gallon. (3) determine the percentage each jurisdictional tonnage comprises of the total route tonnage ❑ other: Page 3 of 4 iM FORM PW -14 4. Tonnaae and Diversion Rate Summary Table 5. Facility Form and Tonnage Table CATEGORY Total Collected Total Disposed Total Diverted Diversion Rate Current Year 69,765tons tons tons % Next Year tons tons tons % Projected 5. Facility Form and Tonnage Table CATEGORY NAME OF FACILITY USED DISPOSAL FOR CURRENT YEAR (Estimated Tons) (NOTE: FOR BIN SERVICE WITHIN COUNTY UNINCORPORATED AREAS ONLY) RESIDENTIAL (Slnole Family entl 2 Units) MULTI- FAMILY (a or more units COMMERCIAL ROLL-0FF TOTALS REFUSE PAPER PLASTICS GLASS METALS YARD WASTE BULKY ITEMS WHITE GOODS CSD SHARPS FOOD WASTE E -WASTE Certification I hereby certify that the information in this Recycling and Waste Diversion Plan (Diversion Plan) is correct and complete. I also understand that I may modify this Diversion Plan at a later date by submitting a subsequent revision. Name of person gni�rm: KURT B TTON Title: VICE PRESIDENT Signed' / Date: 2�'l/ Z Page 4 of 4 ime FORM PW -15 SUBSCRIPTION ORDER TEMPLATE REQUIRED DISTRIBUTION Prior to commencing service, you must give each of your customers a subscription order. At least once each year, you must give each of your customers a summary of the general form of the subscription order and directions on how to obtain a complete copy of a customer's specific order. (You may include the summary together with other correspondence to your customers, such as customer outreach and educational materials. See the franchise agreement.) REQUIRED CONTENT Your form of subscription order must contain the following information: (1) The scope of services, including size and number of containers, subscription date, and set -out site; "set -out site" means the place agreed to between waste hauler and its customers to collect MSW under County Code § 20.72.900. (2) Customer service charges, which may be in the form of a general fee schedule, clearly marked to indicate all fees (including bin delivery, bin pick-up, bin locks, additional pick-ups, etc.) that are specifically applicable to the customer; --(3)--Office-hours,-toll-free customer service_ telephone_ number, email address, and anywebsite; (4) Disclosure that the customers subscription is subject to your being a party to the non-exclusive commercial franchise agreement, and the subscription must be terminated if the franchise is terminated; (5) County telephone number that the customer may call after contacting waste hauler if the customer's service complaint is not satisfactorily resolved; (6) Any other information (in any format) requested by County. I acknowledge that the attached template will be used to prepare our subscription order form. Name of person signing form: �>�/A� / / ��0� Title: Signed ' `��� Date: 1 110 FRANCHISEE NAME FORM PW -15 TRASH and RECYCLABLES Collection Services in Bins/Dumpsters CUSTOMER SUBSCRIPTION ORDER To Our Valued Customer: The County of Los Angeles Board of Supervisors (County) awarded FRANCHISEE NAME a franchise to provide trash collection and recycling services in bins and roll -off boxes for residential, multi -family and commercial properties in the unincorporated communities of the County starting on July 1, 2012 and ending June 30, 2019 FRANCHISEE NAME takes great pride in the work we do to keep the environment clean and protected for our future. This subscription is subject to our being a franchised waste hauler under the County's commercial waste franchise agreement. Its term is 7 years, unless you terminate service by (1) giving us 90 days notice without any cause if you are not delinquent in paying us any service charges (2) giving us 14 days notice, if we fail to provide service (such as missing pickup or failing to timely repair or replace carts)or we bill you incorrectly or (3) the franchise expires or is terminated by the County. We cannot automatically renew or extend your subscription without your consent. If you want to extend it, you must ask us. We will provide a written final notice (postmarked at least 14 days in advance) if we are to suspend or terminate your service. The final notice will include an explanation for the suspension ortermination and information on how to resolve your issue and restart service. BIN SIZES AND STANDARD SERVICE RATES Please review the service option that you ordered and the rates we will charge you (on or after July 1, 2012), marked below. We will bill you (MONTHLY / QUARTERLY?): ---- ----- BIN SIZE ----COLLECTION $1 week etc. FREQUENCY/ WEEK 1. 2. 3. 4. 5. 6. 7. [List;Biri Sizes and. Standard Se11 11 rvice Rates that you offer,and mark customers;] ADDITIONAL STANDARD SERVICE All Customers: ® Recycling Containers —1 cubic yard capacity or 2 96 -gallon carts FREE Additional or larger containers and capacity provided at HALF the trash rate Residential and Multi -Family Customers ONLY: • FREE Holiday Tree Collection Services • Five On -Call Pickups or One Annual Cleanup Event of Bulky Items and Electronics for Residential and Multi -Family Properties. We will provide one of the following service options upon your request: (1) Five pickups of bulky items (limit of five items per pick-up) and unlimited amounts of certain electronics at your request each year at no charge. If you call, us at least 24 hours in advance we will collect them on your next regularly scheduled pickup day at the regular site for placing solid waste containers but not in any roadway or other public right of way. (2) One annual cleanup event with a collection of unlimited amounts of bulky items and certain electronics on the date agreed to between the customer and us, at the regular site for placing solid waste containers but not in any roadway or other public right of way. We will collect those materials at no charge. At least once each year we will talk with or meet in person the owner or superintendantof a multifamily residence and schedule the annual cleanup event. DISCOUNT SERVICES [List apy;disgount services and rates that you provide: ADDITIONAL SERVICES AND RATES: You may order any or all of the following additional services: [LI$TJ Manure Collection I $1 week etc. Tem ora Bin Rentals and Temporary Roll -Off Services To request additional services, ask questions or express concerns, please call our customer service department, CUSTOMER SERVICE Monday thru Friday 8 am to 5 pm at PHONE NUMBER and EMAiurAbDRESS 111 FRANGHISEEi_NAME FORM PW -15 1. Bin Rental and Roll -Off Services CUSTOMER SUBSCRIPTION ORDER To Our Valued Customer: The County of Los Angeles Board of Supervisors (County) awarded FRANCHISIr EE NAME- a franchise to provide refuse collection and recycling services in bins and roll -off boxes for residential, multi -family and commercial properties in, the unincorporated communities of the County starting on July 1, 2012 and ending June 30, 2019 i'RANCHISE 'NAME takes great pride in the work we do to keep the environment clean and protected for our future. This subscription is subject to our being a franchised waste hauler under the County's commercial waste franchise agreement. You may terminate service by giving us 14 days notice, if we fail to provide service (such as missing pickup or failing to timely repair or replace carts) or we bill you incorrectly or the franchise expires or is terminated by the County. BIN AND ROLL -OFF CONTAINER SIZES AND STANDARD SERVICE RATES Please review the service option that you ordered and the rates we will charge you (on or after July 1, 2012), marked below, for service. FREQUENCY ( WEEK / WEEK We will bill you - -- BIN SIZE SIZE COLLECTION COLLECTION FREQUENCY FREQUENCY ( WEEK / WEEK - 1. 2. 3. 3. 1 4, 1 5. 6. L List Bin,Si es andiStaridard S& *tCe Rates that ou offerland mark"customer's: ROLLOFF SIZE Temporary Bin Rentals and Temporary Roll -Off Services COLLECTION FREQUENCY / WEEK 1, 2. 3. 1 4, 1 5. 6. L List Bin Sizes and Standard SerM& Rates that ou offof,; and mark customer' (Your efforts to reduce waste, recycle and buy products made from recycled content are integral components of a sustainable society, and we thank you for your efforts.) DISCOUNT SERVICESJist any di`s'count services and rates that you provide:] ADDITIONAL SERVICES AND RATES: You may order any or all of the following additional services: [LI$11 Manure Collection $1 week etc. Temporary Bin Rentals and Temporary Roll -Off Services To request additional services, ask questions or express concerns, please call our customer service department, CUSTOMER SERVICE Monday thru Friday 8 am to 5 pm at PHO..NE, NUMBER or EMAIL ADDRESS. 112 FORM PW -16 UNPERMITTED WASTE SCREENING PROTOCOL You may not collect any unpermitted waste that you observe, unless you are legally licensed to do so. (In general, "unpermitted waster is material that you cannot dispose of in a class 2 landfill.) Describe your Unpermitted Waste Screening Protocol (check all that apply) in effect or to be implemented as required under the franchise agreement. The Protocol becomes part of the franchise agreement. Attach additional sheets if necessary. (1) Ongoing employee training in identification, safety and notification procedures, including leaving non - collection tags, when safe; 29 All drivers, route personnel and new hires receive training and attend safety meetings We conduct safety meetings IN weekly ® monthly ❑ quarterly IR annually ❑ other U We train drivers in both identification and notification procedures when they discover unpermitted waste IN We instruct drivers who discover unpermitted waste to complete a non -collection notice, place one copy on the container (whenever safe) and file the second copy at the office M The non -collection notice includes an explanation of the violation and the proper means to dispose of the unpermitted waste ❑ Other procedures (please specify) (2) Means of driver inspection, such as visual inspection during tipping of bins or other containers into vehicles; Drivers inspect containers by using: [N camera systems ® side mirrors M manual inspection of container ❑ other (3) Immediate driver response, such as load segregation; ❑ We train all drivers to segregate unpermitted waste upon identification ® Drivers will leave unpermitted waste at the service address and a attach a non -collection notice to the container ❑ Other procedures (please specify) (4) Driver notification, such as calling the waste hauler's dispatcher or field supervisor; If the driver identified unpermitted waste, he or she notifies: ® route supervisor KI dispatch ❑ customer service department ❑ other Pagel 02 113 FORM PW -16 (5) Notification of appropriate local agency or department; Customer service monitors and records unpermitted waste violations identified by drivers or other field personnel » If field personnel identify hazardous waste, they will immediately notify: • the County fire department and the appropriate local agency, who will remove it, and • the County. ❑ Other procedures (please specify) (6) Appropriate action, such as segregation and containerization for manifesting and transport for disposal in accordance with law or securing services of permitted handling and transport company; RI If a driver identifies unpermitted waste, he or she calls and notifies the route supervisor, and applies proper containment procedures. I ❑ All collected unpermitted waste is properly containerized, removed, and transported by a licensed contractor in accordance with applicable law ❑- Other procedures (please specify)_ (7) Compliance with California state and federal laws, including regulations of the federal Department of Transportation (DOT) (Title 49 CFR) and of the United States Environmental Protection Agency (Title 40 CFR); 0 We will comply with all Local, State and Federal laws, including compliance standards under Department of Transportation (DOT) (Title 49 CFR) and the United State Environmental Protection Agency Title 40 CFR, as well as with California EPA and DTSC regulations ❑ Other procedures (please specify) (8) Development and implementation of a customer educational program to maximize exclusion of unpermitted waste from disposal and to promote safe handling of Unpermitted Waste. ❑ Within 3 months after the franchise date, we will attach conspicuous labels on each bin and roll -off box . The labels will prohibit discarding unpermitted waste, including illustrative examples ® We will develop and implement a Customer Education and Outreach Program to maximize safe handling and discard of unpermitted waste, including written information and materials. ❑ Other program details (please specify) Page 2 of 2 114 FORM PW -19 SERVICE AREAS CHECKLIST Please Identify each unincorporated community you currently provide service to with a "C" and Identify each unincorporated community which you plan to provide service to with a "P" (check all that apply). See attached maps for reference. If you provide service throughout all of the unincorporated areas please check here ❑ If you plan to provide service throughout all of the unincorporated areas please check herel List of Los Angeles County Unincorporated Communities ID NAME C,P 1 ACTON 2 AGOURA 3 AGUADULCE 4 ALTADENA ATHENS GDD 5 ANTELOPE ACRES FIRESTONE GOO 6 ARCADIAISLANDS LENNO% GDD 8 AVOCADOHEIGHTS VIEW Pi IGDOI 9 AZUSAISLANDS 25 10 BALDWINHILLS 33 11 1 BASSETT 50 12 BIG PINES 91 13 BIG TUJUNGA Do I WNDSOR HILLS GOO 14 BOUQUET CANYON 15 CALABASAS HIGHLANDS 16 CASTAIC 17 CASTAIC JUNCTION 18 CERRITOS ISLANDS 19 CHARTER OAK UNIVERSAL CITY 20 CITRUS VALVERDE 21 COVINA ISLANDS VALINDA 22 DELAIRE VALYERMO 23 DELSUR VASQUEZROCKS 24 DEL VALLE VETERANS CENTER 27 EASTPASADENA WEST CARSON 28 EAST SAN GABRIEL WESTFIELD 29 EL CAMINO VILLAGE 65 30 ELIZABETH LAKE 65 31 FAIRMONT WILSONA GARDENS 34 FOOTHILL WRIGHTWOOD 35 FORREST PARK 36 FRANKLIN CANYON 37 GORMAN 38 GREEN VALLEY ID NAME C,P 39 _ HACIENDAHEIGHTS _ 40 HAWTHORNE ISLAND 41 HI VISTA 42 JUNIPERHILLS ATHENS GDD 43 KAGELCANYON FIRESTONE GOO 44 LA CRESCENTA LENNO% GDD 45 LA RAMBLA VIEW Pi IGDOI 47 LAKE HUGHES 25 48 LAKE LOS ANGELES 33 49 LAKEVIEW 50 50 LANG 91 52 LEONNA VALLEY - _-- Do I WNDSOR HILLS GOO 53 LITTLE TUJUNGA 54 LITTLEROCK 55 LLANO 55 LONG BEACH ISLAND 57 LOS NIETOS 58 MALIBU VISTA UNIVERSAL CITY 59 MARINA DEL REY VALVERDE fit MINTCANYON VALINDA 62 MONROVIA/DUARTE(ISLANDS) VALYERMO 63 MONTROSE VASQUEZROCKS 64 MULHOLLAND CORRIDOR CORNELL LAS VIRGENES/MALIBU CANYON MALIBU BOWL MALIBU HIGHLANDS MALIBU LAKE MALIBUISYCAMORE CANYON MONTE NIDO TRIFUNO CANYON VETERANS CENTER 92 WEST CARSON 94 WESTFIELD 95 65 NEENACH 96 65 PALMDALE AIRPORT 98 cna.enn ntmnnnl nislriets ID NAME C,P 67 PEARBLOSSOM 68 PICO 69 QUARTZ HILL 70 RANCHODOMINGUEZ ATHENS GDD 71 ROOSEVELT FIRESTONE GOO 73 ROWLAND HEIGHTS LENNO% GDD 74 SAN CLEMENTE ISLAND VIEW Pi IGDOI 75 SAN PASQUAL 25 76 SANTA CATAUNA ISLAND 33 77 SOLEDAD 50 78 SOUTH SAN GABRIEL 91 79 SOUTH SAN JOSE HILLS Do I WNDSOR HILLS GOO 80 STEVENSON RANCH 81 SULPHURSPRINGS 82 SUN VILLAGE 83 TOPANGA CANYON FERNWOOD GLENVIEW SYLVIA PARK TOPANGA 84 UNIVERSAL CITY 85 VALVERDE 86 VALINDA 87 VALYERMO 88 VASQUEZROCKS 89 VETERANS CENTER 92 WEST CARSON 94 WESTFIELD 95 WHITTIERISLANDS 96 WHITTIERNARROWS 98 WILSONA GARDENS 100 WRIGHTWOOD Name of piers Igning for KU AT BRATTON Title: VICR PRFRTTTFNT Signefj Date, 17L 115 1 of 7 ATHENS GDD 32 FIRESTONE GOO 51 LENNO% GDD 90 VIEW Pi IGDOI 97 WILLOWRROOH GOD 25 E TCOMPrON G00 33 FLORENCE GDD 50 I MESAHEIGITTSIGE)DJ 91 Wf1NUT PARK IGDD Do I WNDSOR HILLS GOO 26 FASTLA GOO 45 LADERA HEIGHTS(GM) 72 1 ROSEWOOD(GE)DIROSEWOOD(GE)DI 93 'NEST FOX Has GDO Name of piers Igning for KU AT BRATTON Title: VICR PRFRTTTFNT Signefj Date, 17L 115 1 of !Z ry ry0 LL 116 117 a n _ Q ° s W oa UD 'u 7—F m 0 WSUm W - 3non O N Z{ Y S� i aZN ¢W2Z O } �p pO L9 V� DD1O #p� Z _ Wb U ,?Zy�j<$O�''J 60= u�51 now ] OK2 Q2 ~ U=�Y=i g6�'p �0 aUO~¢ �mW ��U'm i02� <m �SJOt WWF LzwOOVOWaaU DCmYn y[,_2p S s ii m,,1Otab O 1111�I W O OQ Q6 49 V'<0 MMZ¢ O ¢¢ 6K k�gy O W1 -So I¢JJJ3W Z�a0 NO 2 (NQUO NN Wj30$ 4Lw¢ W<<6F OW y0 nVv Wm WmJC ZV OK025m mmm FJ<Om FZ�a6l�Y Z�J41¢W�y,mC6J G i0 nTC U O £U'Z 2< ¢ ¢ JJJ2LL2 ¢ KU �>6><¢ �> JNW ZyF D0 O d -¢ �z 3 'aa<ao¢w� o z �zuLL"J>D>_bu {G F_ �¢ > p� a w?D��83££i£f hw¢u�u� DOaa H8°�y wp �fn`- >>i PLEASE SEE ATTACHED FILE - PW17.1 FORM PW -17.1 PERSONNEL CONTACT LIST FOR WASTE COLLECTOR PERMIT # S0631 PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Identify key personnel and provide fallowing information. Please verify all contact names, telephone and fax numbers, and email addresses before listing. Use additional pages if required. You must give County notice of changes in the Personnel Contact List at least 30 days prior to the changes (if practicable), and no later than 30 days following any change. TITLE: Owner PLEASE FULL NAME: SEE ADDRESS: ATTACHED FiBE 2W1 07 -1 -OFFICE-PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: TITLE: General Manager FULL NAME: ADDRESS: OFFICE PHONE: CELL PHONE: FAX: EMAI L: YEARS OF EXPERIENCE: 119 TITLE: President _ FULL NAME: ADDRESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: TITLE: Operations Manager FULL NAME: ADDRESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: Page 1 or 2 FORM PW -17.1 PERSONNEL CONTACT LIST FOR WASTE COLLECTOR PERMIT # S0631 PLEASE USEADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED TITLE: Customer Service Supervisor FULL NAME: ADDRESS: OFFICE PHONE: CELL PHONE: FAX: YEARS OF EXPERIENCE: TITLE: Recycling Coordinator FULL NAME: ADD ESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: TITLE: Route Supervisor FULL NAME: ADDRESS: OFFICE PHONE: CELLPHONE: FAX: EMAIL: YEARS OF EXPERIENCE: TITLE: Accountanftok keeperwho calculates and submits franchise fee to County. FULL NAME; ADDRESS: OFFICE PHONE: CELLPHONE: FAX: EMAIL: YEARS OF EXPERIENCE: Name ofperson /signing form: KURT BRATTON Title: VICE PRESIDENT Signed_�C / /� Date: 7/ Page 2 of 2 120 2012.FAMi PERSONNEL CONTACT LIST FORM PW -17.1 AODENDUM 1 FOR WASTE PERMIT# 50031 TITLE OWNER VICE PRESIDENT _ _ AREA _ -_--KENNETHA JESPERS 9200 GLENOAKS BLVD _ AREA _ -_ CAPRICE TERRY _ _ DIVISION CORPORATE AREA FULL NAME JAMES REPUBLIC SERVICES, INC. _ _ - -KURT BRATTON ADDRESS 18500 CITY N ALLIED _ 9200 GLENOAKS BLVD WAY 12949 _ TELEGRAPH RD CITY SUN VALLEY PHOENIX 90670---_ STATE - -- _ NTA FE S STATE OFFICEPHONE — _ _ AZ _SAPRINGS _ - CA CELL PHONE Fax-----...---------....__C..-�------.--.-.._..._.. EMAIL _-_ 818 4112-2591 (818) 504-3037 JPLEDGER REPUBLICSERVICES.COM -^ _ _ --- ---- ZIP CTERRY _-_- 85054 -90670 ---_ -- - OFFICE PHONE YEARS OF EXP - -- (480)627-2396— - 562 347-4049 CELL PHONE I N/A 818 916-1192 FAX N/A (562) 347-4094_ EMAIL N/A _ KBOAMNI22DREPUBLIQlERVICES.COM YEARS OF EXP TITLE GENERAL MANAGER OPERATIONS MANAGER DIVISION _ _ AREA _ -_--KENNETHA JESPERS 9200 GLENOAKS BLVD _ AREA _ -_ CAPRICE TERRY _ _ SUN VALLEY SUN VALLEY FULL NAME JAMES PLEDGER RICHARD ASHWORTH ADDRESS 9200 GLENOAKS CITY BLVD _ 9200 GLENOAKS BLVD CITY SUN VALLEY ---- -- - CA--- SUN VALLEY CELL PHONE 90670---_ STATE _ CA CA ZIP _ _ _ - __ - -- 91352 - - _ -- --- --- - - - 91352... OFFICEPHONE — _ 81$ 683-1616 --- - 81$ 974.7796 CELL PHONE Fax-----...---------....__C..-�------.--.-.._..._.. EMAIL _-_ 818 4112-2591 (818) 504-3037 JPLEDGER REPUBLICSERVICES.COM _ (818)504-3037 RASHWORTH REPUBLICSERVICES.COM YEARS OF EXP YEARS OF EXP TITLE CUSTOMER SERVICE MANAGER ROUTE SUPERVISOR DIVISION _ _ AREA _ -_--KENNETHA JESPERS 9200 GLENOAKS BLVD _ AREA _ -_ CAPRICE TERRY _ _ SUN VALLEY FULL NAME -_- _AREA - DUC DIEP __- SUN _ PERRY HOOPES !_ ADDRESS _ 12949 TELEGRAPH RD SANTA FE SPRINGS - _ _ 92.00 GLENOAKS BLVD SUN VALLEY_ CITY ZIP --_ 91352 STATE - - -- 90670 - - --- OFFICE PHONE CA ---- ---- -- - CA--- ZIP CELL PHONE 90670---_ -- 91352 -- -- OFFICE PHONE - (562) 347-4200 1818 974-7796 CELL PHONE -_ 562 254.6689 — _ FAX------- _ --.__._..------L..�_-------'---.., .. (866) 298.2931 _-.�-- _.-._.__^.-.----------------- I18) 5043037 EMAIL- _ DDIEP REPUBLICSERVICES.COM PHOOPES REPUBLICSERVICES.COM YEARS OF EXP CTERRY TITLE RECYCLING COORDINATOR BOOK KEEPER _DIVISION _ _ FULL NAME _ _ AREA _ -_--KENNETHA JESPERS 9200 GLENOAKS BLVD _ AREA _ -_ CAPRICE TERRY _ _ ADDRESS _ 12949 TELEGRAPH _ RD CITY __- SUN VALLEY SANTA FE SPRINGS STATE --- -------- CA - CA -. ZIP --_ 91352 _- - - -- 90670 - - --- OFFICE PHONE 818 683-1667 C562)347-4114--- CELL PHONE 818 974-7817 WA -- -- FAX __ _ (562) 347 4095 u -V - EMAIL KJESPERSnaREPUBLICSERVICES.COM CTERRY REPUBLICSERVICES.COM YEARS OF EXP - -- - - ---- 121 SOLID WASTE FACILITIES FOR PERMIT # 50631 FORM PW18.1 PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Identify all solid waste facilities to which you deliver any materials that you collect in the unincorporated areas of the County, such as: Transfer processing stations, landfills, waste -to -energy plants, MRFs, composting facilities, conversion facilities and recycling brokers / companies (including e -waste). Attach additional sheets if necessary. CATEGORY FACILITY MATERIALS TAKEN TO Name of Facility: SUNSHINE CANYON LANDFILL REFUSE Address: 14747 SAN FERNANDO RD, SYLMAR, CA 91342 Telephone: 818-833-6500 Materials accepted: STANDARD MUNICIPAL SOLID WASTE Materials rejected: HAZARDOUS DIXESHIALS Methodology used for &Routes are pre- based XSolid waste S The exact net S The solid $On a month) allocating materials or determining jurisdiction registered on the route number, materials are wet hed ai the g weight of the material collected is waste collected y ' basis, the facility origin of its waste Percentage certified scales allocated l Is then unloaded will reconcile wtha stream, including allocallon, and :before entering jurisdiclion(s) from on the floor and each load with -disposed residue.- jurisdiction of origin..------lhe•factifty..- whichthematerial -prepared for...... weightrteconds Clreck:all firal�apply. was.collecled from. processing. and allocations TRANSFER BEL -ART INNOVATIVE AMERICAN EAST LA STATIONS 95mo65Trf REFUSE 2 4133 BANDINI 1449 W ROSECRANS 1512 N BONNIE BEACH LC ltdcIrIMACH LOS ANGELES GARDENA LOS ANGELES (If applicable) q 805 90023 90249 90023 5ele hS orn 872 323.264.0202 310.527.6980X2 323.881. 8999 Materials accepted: STANDARD MUNICIPAL SOLID WASTE Materials rejected: HAZARDOUS MATERIALS Methodology used for � Routes are pre- KSolld waste S The exact net S On a monthly allocating materials or registered based on materials are weight of the XThe solid waste determining jurisjurisdictionbasis, on the route number, weighed at the material collected is collected is then the facility is, the fa of origin of its waste percentage certified scales allocated to the unloaded on the will each stream, Including allocation, and before entering jurisdiction(s) from floor and prepared load with weight disposed residue. judsdiction of origin, the facility. which the material for processing. records and Check all that apply. was collected from. allocations Name of Facility: CVT MATERIAL RECOVERY FACILITY RECYCLABLES Address: 1071 N BLUE GUM ST, ANAHEIM, CA 92806 Telephone: 714-238-3341 Materials accepted: RECYCLABLE COMMODITIESt COMMODITIES STANDARD MUNICIPAL O LID WASTE Materials rejected: HAZARDOUS MATERIALS NA waste X The materials are Methodologyused for characterization is M Each vehicle is then delivered to H Each outbound X All residue materials allocating materials or conducted to allocate each type of we" hed at the g the processing area commodity weigh) are tracked based upon determining jurisdiction Certified scales where all materials is collected and gre waste of origin of its waste stream, Irx:ludl rig recovered and recycled material and a tare weight are sorted and processed for reconciled with the waste characterization disposed residue. and all process is captured. optimum diversion. characterization and allocated to the Check all that apply. residue by weight. for the facility. appropriate jurisdiction 122 I�W�v� 123 Name of Facility: RECYCLABLES (if applicable) Address: NOT APPLICABLE Telephone: Materials accepted: Materials rejected: Methodology used for 9Y ❑ Awaste characterization will ❑ The materials are ❑ Each vehicle Is then delivered to o Each outbound o All residue materials are materials or provide for the weighed ghed attha the processing area commodity weight Is collected tracked based deterallocating if its jurisdictiontosye of its allocation of each certified scales where all materials late and reconciled with the upon the waste origin origin of waste stream, Including disposed residue. and all materials by and a weight are sorted and is captured. waste characterization Check all that apply. weight. processed for optimtvn diversion. and allocated to characterization theappropriate for the facility. jurisdiction Name of Facility: GREEN WASTE Address: NOT APPLICABLE Telephone: Materials accepted: Materials rejected: Methodology used for o Green waste o The teen u Each toad of g The facility will allocating materials or materials will be waste will green waste u use the green determining judsdlolion of collected and hauled fromm delivered will be the waste as origin of its waste stream, g transported in the truck directi to y allocated basedupon Alternative Daily inducing disposed residue, same manner as the facility. tare weights Cover (ADC) Check all that apply. solid waste. on tons delivered. program. Name of Facility: BULKYSEE TRANSFER STATIONS: Address: ITEMS BEL -ART, INNOVATIVE, AMERICAN, EAST LA Telephone: Materials accepted: BULKY; DONLY) Materials rejected: HAZARDOUS MATERIALS, LIQUIDS, PAINTS, CLOSED CONTAINERS Methodology used for A The facility will allocating materials or determining jurisdiction of record all bulky items delivered X The facilitywill reportall materials based XAll materials recovered are allocated based upon weight and origin of its waste stream, and recovered. upon the jurisdiction of generation. jurisdiction of generation. including disposed residue. Check all that apply. Name of Facility: SEE TRANSFER STATIONS: ELECTRONIC Address: BEL -ART WASTE Telephone: Materials accepted: COVERED ELECTRONIC DEVICES, APPLIANCES Materials rejected: HAZARDOUS MATERIALS I�W�v� 123 Methodology used for allocating materials or delenIning jurisdiction of o All electronic weight are weighted and allocated per commodity o All materials recovered under this origin of Its waste stream, type and weight, program are recorded and reported Including disposed residue. back to us and the State of all that apply. California CONSTRUCTION Name of Facility: FALCON AND Address: 3031 EAST I STREET DEMOLITION WILMINGTON, CA 90744 DEBRIS 562-347-4037 Telephone: Materials accepted: SOLID FILL MATERIALS, STANDARD MSW Materials rejected: HAZARDOUS MATERIALS Methodology used for NThe facllilywlll allocating maladals or detcnNning jurisdiction of record all C&D EKThe facility will report all materials based 0 All materials recovered are origin of its waste stream, delivered and upon the jurisdiction of generation. po j g allocated based upon weight and including disposed residue. recovered. jurisdiction of generation. 1 Check all that a Name ofFacllity: COMPTON FACILITY FOOD Address: 2509 W ROSECRANS AVE WASTE LOS ANGELES„ CA 90059 Tek hone: 3 _ Materials accepted: Materials rejected: Methodology used for XThe facility will allocating materials or record al I food waste N The facility will report all materials based o All materials recovered are determining jurisdiction of Origin of Its waste delivered and upon the jurisdiction of generation. allocated based upon weight and stream, recovered. jurisdiction of generation. Including disposed residue. Check all that apply. OTHER Name of Facility; (pleasespecify)Address: Telephone: NOT APPLICABLE Materials accepted: Materials rejected: Methodology used for allocating materials or determining jurisdiction of origin of its waste stream, Induding disposed residue. Jame of person signing forth: KURT BRATTON Title: VICE PRESIDENT iigned _ n7 Date: PAGE 3 OF 3 124 FORM PW -20.1 VEHICLE INFORMATION FOR PERMIT# S0631 PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Prompgy update the following information as you replace listed vehicles. MAINTENANCE YARD or other storage location (where you park vehicles either overnight orwhen not in use] Street address: 9200 GLEN OAKS BLVD City SUN VALLEY, rte. 91352 VEHICLE INVENTORY LIST: (Each vehicle that you will use in the unincorporated area of the County to collect, transport, and discharge solid waste), including primary and backup vehicles. ("Please make additional copies if needed") Gounry will.issue you Ihls.numbar:of decals.whtclr you.musr place omeach :Vehicle. Make (Front rear leader, etc.) Yoar, Fud Type (CNG, TOM, eta) Capacity (Tone) Vehicle ldeeffication No.(VIW) Vehida Lkznm No. Parnnlaee wldiewiA m seivmg wi1M trdr=Morefedc rdymam PLEASE SEE ACHED D0 ENT PW20.1 I Signed 125 C; N 3 a O LL 2P U Q U A N yW Q f 126 p c N O p� N Q T LU W J CL Q m > LL V Z) 0 W g Z ., CO LL �O = Z -1 V = O W c rn 2P U Q U A N yW Q f 126 PLEASE SEE ATTACHED FILE - 21417.1 FORM PW -17.1 PERSONNEL CONTACT LIST FOR WASTE COLLECTOR PERMIT# SDo04 PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Identify key personnel and provide following information. Please verify all contact names, telephone and fax numbers, and email addresses before listing. Use additional pages if required. You must give County notice of changes in the Personnel Contact List at least 30 days prior to the changes (if practicable), and no later than 30 days following any change. TITLE: Owner PLEASE r FULL NAME: SEE ADDRESS: ATTA HED OFFICE -PHONE: - CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: TITLE: General Manager FULL NAME: ADDRESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: 127 r TITLE: Operations Manager FULL NAME: ADDRESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: FORM PW -17.1 PERSONNEL CONTACT LIST FOR WASTE COLLECTOR PERMIT # S0004 PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED TITLE: Customer Service Supervisor TITLE: Route FULL NAME: FULL NAME: ADDRESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL rYEARS Ot- WEMENCE: TITLE: Recycling Coordinator FULL NAME: ADD ESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: ADDRESS: OFFICEPHONE: CELL PHONE: FAX: OF EXPERIENCE: TITLE: Accountantlbook keeper who calculates and submits franchise fee to County. FULL NAME: ADDRESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: Name ofperson signing form: KURT BRATTON Title: VICE PRESIDENT Signed LJGt Date. i Page 2 of 2 128 2012-FADD1 PERSONNEL CONTACT LIST FORM PW -1 i.1 ADDENMM 1 FOR WASTE PERMIT# S0004 TITLE OWNER VICE PRESIDENT DIVISION DIVISION GARDENA CORPORATE AREA FULL NAME _ _ ^REPUBLIC SERVICES, INC. LUPE VASQUEZ KURT BRATTON ADDRESS - --18500 N ALLIED WAY 72949 TELEGRAPH RD_� CITY- _ - PHOENIX ------ SANTA FE SPRINGS STATE --- AZ - -- ----- - CA - — ZIP _ 85054-- --- 90670 OFFICE PHONE _ - (480) 627-239F'____ _--__---- _ - (562),347-4049 CELL PHONE I WA (618) 916-1192 FAX -- NIA - (562)347-4094 EMAIL NIA KBRATTON REPUBLICSERVICES.COM YEARS OF EXP YEARS OF EXP TITLE GENERAL MANAGER OPERATIONS MANAGER DIVISION GARDENA DIVISION GARDENA GARDENA FULL NAME JAMES CASTRO LUPE VASQUEZ ADDRESS_ 14905 S SAN PEDRO ST 14905 S SAN PEDRO ST CITY GARDENA GARDENA STATE CA _ CA ZIP- - --- - -10248 - - --- 90248-- O'FFIOE'PHONE. (310) 06-7343 (310) 4364331 -- CELL PHONE 818 402.2258 --- _ (310) 345.8091 FAX 310 323.6063 ---- 310 323-6063--- - --- EMAIL JCASTR REPUBLIC_SERVICES.COM _ GVAS UEZ REPUBLICSERVICES COM _ _ FAX --- - '_ -(866) 298.2931 DDIEP(a�REPUBLICSERVICES.COM YEARS OF EXP EMAIL EORGANISTAnR BLICSERVICES COM TITLE CUSTOMER SERVICE MANAGER ROUTE SUPERVISOR DIVISION AREA GARDENA FULL NAME DUC DIEP ERIK ORGANISTA ADDRESS - _ - 12949 TELEGRAPH RD _ 14905 S -SAN ST CITY -- SANTA FE SPRING -S- ------ GARDENA__-- - STATE STATE CA -- ---- CA LP -__ 91352 _— OFFICEPHONE ZIP (562)347-4114 90670 90248 ---- OFFICEPHONE 347-4200CELL ------ PHONE _- _562 562 254-6689 -------- _ _ FAX --- - '_ -(866) 298.2931 DDIEP(a�REPUBLICSERVICES.COM - ---- - -(310) 323-6063 '--- -- - EMAIL EORGANISTAnR BLICSERVICES COM YEARS OF EXP TITLE RECYCLING COORDINATOR BOOK KEEPER DIVISION AREA______ AREA FULL NAME— _ - _-_KENNETHAJESPERS _ _ _ __ - CAPRICE TERRY ADDRESS 9200 GLENOAKS BLVD 12949 TELEGRAPH RD CITY SUN SANTA FE SPRINGS STATE _- _ CA CA LP -__ 91352 90670 - - - OFFICEPHONE (818)683-1687 (562)347-4114 CELLPHONE (818)174-7817 WA FAX ------ -_----- _ (562) 347-4095 EMAIL KJESPERSAREPUBLiCSERVICES COM _ _ PUBLICSERVICES COM — YEARS OF EXP 129 SOLID WASTE FACILITIES FOR PERMIT # 50004 FORM PW -16.1 PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Identify all solid waste facilities to which you deliver any materials that you collect in the unincorporated areas of the County, such as: Transfer processing stations, landfills, waste -to -energy plants, MRFs, composting facilities, conversion facilities and recycling brokers ! companies (including e -waste). Attach additional sheets if necessary. CATEGORY FACILITY MATERIALS TAKEN TO Name of Facility: SUNSHINE CANYON LANDFILL REFUSE Address: 14747 SAN FERNANDO RD, SYLMAR, CA 91342 Telephone: 818-833-6500 Materials accepted: STANDARD MUNICIPAL SOLID WASTE Materials rejected; HAZARDOU Methodology used for XRoutes are pre- based KSolid waste S The exact net The solid KOn a month! allocating materials or registered on materials are weight of the y determining jurisdiction the route number, weighed at the material collected is waste collected basis, the facility of origin of its waste percentage certified scales allocated to the Is then unloaded will reconcile stream, .including :allocation, and before -entering jur.'isdfclfon(s,) Brom on the floor and each load with drsposed residue. jwisdfcflon of origin. the facility. which the material 'Prepared for weight Tecords _. Gtr},k ailitxal'�t>Ply. _.. .was collected from, _Processing.. - and allocations TRANSFER BEL -ART INNOVATIVE AMERICAN EAST LA STATIONS Name 68TIHy 2495 REFUSE 4133 BANDINI 1449 W ROSECRANS 1512 N BONNIE BEACH L NMd%UACH LOS ANGELES GARDENA LOS ANGELES (If applicable) 9 805 90023 90249 90023 5 2rbaD%9. 872 323.264.0202 310.527.6980X2 323.881.8999 Materials accepted: STANDARD MUNICIPAL SOLID WASTE Materials rejected: HAZARDOUS MATERIALS Methodology used for � Routes are pre- XSolid waste X The exact net allocating materials or registered based on materials are weight of the NThe solid waste $ On a monthly determining Jurisdiction the route number, weighed at the material collected is collected is then basis, the facility of origin of its waste percentage certified scales allocated to the unloaded on the will reconGle each stream, Including allocation, and before entering g jurisdiction(s) from floor and prepared load with weight disposed residue. jurisdiction of origin. the facility. which the material for processing. records and Check all that apply. was collected from. atiocations Name of Facility: CVT MATERIAL RECOVERY FACILITY RECYCLABLES Address: 1071 N BLUE GUM ST, ANAHEIM, CA 92806 Telephone. 714-238-3341 Materials accepted: RECYCLABLE COMMODITIESt STANDARD MUNICIpAL SOLID wASTE Materials rejected: HAZARDOUS MATERIALS KA waste K The materials are Methodologyused Mr conducted is Each vehicle is then delivered to M Each outbound ,� All residue allocating materials or to conducted to allocate each a of type w weighed at the the Processing area commodity weight materials are tracked based upon determining jurisdiction recovered and where all materials is collected and the waste of origin of its waste stream, includingrecycled material and a tare wei ht andcerta are weight g are sorted and processed for reconciled with the waste characterization characterization disposed residue. and all process captureoptimum opdiversion. characterization allocated to the Check all that apply. residue by weight, for the facility, appropriate jurisdiction 130 131 Name of Facility: RECYCLABLES (If applicable) Address: NOT APPLICABLE Telephone: Materials accepted: Materials rejected: Methodology used for ❑ Awaste characterization will ❑ The materials are oEach vehicle is then delivered to ❑Each outbound o All residue materials are allocating materials or Provide for the weighed at the the processing P g ares commodity weight tracked based is deleradnin g waste stye of origin of its waste stream. allocation of each certified scales where all materials and a tare weight collected and reconciled with the upon the waste Including disposed residue. and all materials by weight. are sorted and is captured. processed for waste characterization and allocated to Check all that apply, optimum diversion. characterization the appropriate for the facility. jurisdiction Name of Facility: GREEN WASTE Address: NOT APPLICABLE Tele hone: Materials accepted: Materiels �rajeotad: Methodology gy used for ❑ Green waste n The green o Each toad of 9 will nThthe materials or materials coil! 6e waste will 6e green waste delivered be use the green green determining jurisdiction of if collected and will hauled from the allocated based waste origin origin of its waste stream. its Transported in the truck directly to ti Alternative Daily Including disposed residue. same manner as the facility. upon tare weights Cover (ADC) Check all that apply. solid waste. on tons delivered. program. Name of Facility: BULKYSEE TRANSFER STATIONS: Address: ITEMS BEL-ART, INNOVATIVEr AMERICAN, EAST LA Telephone: Materials accepted: B y: Materials rejected: HAZARDOUS MATERIALS, LIQUIDS, PAINTS, CLOSED CONTAINERS Methodology used for HThe facility will allocating materials or determining jurisdiction of record all bulky items Ya The facility will report all materials based KAII materials recovered are origin of its Waste stream delivered and recovered. upon the jurisdiction of generation. allocated based upon weight and jurisdiction of generation. Including disposed residue.. Check all that apply. Name ofFaciNty: SEE TRANSFER STATIONS: ELECTRONIC Address: BEL—ART WASTE Telephone: Materials accepted; COVERED ELECTRONIC DEVICES, APPLIANCES Materials rejected: HAZARDOUS MATERIALS 131 Methodology used for allocating materials or determining Jurisdiction of ❑ All electronlc weight are weighted and allocated per commodity o All materiels recovered under this origin of Its waste stream, type and weight. program are recorded and reported Including disposed residue. back to us and the State of Check all that apply. California CONSTRUCTION Name of Facility: FALCON AND Address: 3031 EAST I STREET DEMOLITION WILMINGTON, CA 90744 DEBRIS 562-347-4037 Telephone: Materials accepted: SOLID FILL MATERIALS, STANDARD MSW Materials rejected: HAZARDOUS MATERIALS Methodology used for KThe facility will allocating materials or delemdning jurisdiction of record all C&D q(fha facility will report all materials based o All materials recovered are origin of ;Is waste stream. delivered and upon the of generation. 1 8 allocated based upon weight and including disposed residua. recovered. jurisdiction of generation. Check all that a Name of Facility: COMPTON FACILITY FOOD Address: 2509 W ROSECRANS AVE WASTE LOS ANGELES, CA 90059 ------------- -Telephone: - ---- - Materials accepted: Materials rejected: Methodology used for N The facility will allocating materials or record all food waste 10 The facility will report all materials based o All materials recovered are determining jurisdiction of delivered and upon the jurisdiction of generation. allocated based upon weight and origin of Its waste stream, recovered. jurisdiction of generation. including disposed residue. Check all that apply, OTHER Name of Facility; (please specify) NOT APPLICABLE . Address: Telephone: Materials accepted: Materials rejected: Methodology used for allocating materials or determining jurisdiction of origin of Its waste stream, Including disposed resldue. dame of person sl Ing form: KURT BRATTON Title: VICE PRESIDENT >igned --=- It Date: .iL 132 FORM PW -20.1 VEHICLE INFORMATION FOR PERMIT # S0004 PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Promptly update the following information as you replace listed vehicles. MAINTENANCE YARD or other storage location (where you park vehicles etcher overnight or when not in use) Sh9eladdress: 14905 S SAN PEDRO ST Ct,. L7ARDENA, CA 90248 VEHICLE INVENTORY LIST: (Each vehicle that you will use in the unincorporated area of the County to collect, transport, and discharge solld waste), including primary and backup vehicles. ("Please make additional copies if needed") Ceunrywlll Issue you•this.numbenofdecals which you must place nn:each vehicle. Make modal (Front, rear toador.ek.) Year Feel Type (CNG, Diesel, ekJ Capaaly (Tons) i Vehido WentlTioatlon NO. (VIM) Vehitle lkonsa No. PUtfnage wlicle win be s^^T n9 vAaen Peral�Cou,dy Yea! PLEASE SEE YrTACHED DO ENT PW20.1 Name of person signing forth: KURT BRATTON Titre: VICE PRESI ENT Signed_ Date; l 133 T CO O eY N N co O O 4 Flz > L C e y # O;r U N �;¢ LLW;n;n;LL;LL;LL;N:u�.N•d'LL�p.h d': N: NiCO.�; .O.mO.It O:N;N:O; .U, r m N:M:M:O:W:n:a-:�M:N o];n;:M; M:O O CO O eY O N co O O > 1` \` t f •y• Z ZZ Qi w ; ; ; ; O zCn •N �:�;m;C;O;m;� Q w O 1CL 7 ° r z mo V Qu. i....J..J.. d.....A.. ....� i. �. 1... Q g C d y;CO: �U' ; y: 0:: y:C9;C9�(C U) (n Z:Z:Z:Z;Z:Z: y:Z:Z:Z.Z: O: ;Z;Z:2 U LO = v 0 Oul V . d } N: NI O:OO00;C) O:CN;N00:NN;NNN;N•N N�ct d;N: N; N; N; N; N; d; N: N: co:d: Q); N; G1: cu: 4) LL a 0:0:01030009010;0:0�0%0'000400010 Q 0C2:2;2 0 R L: oo: °: O o; o; a; °: o; °1LL;LL. °; °; °; o: ° pG LL:LL:LL:LL:LL•LL:IL:U-:LL:LL :;y:IL:U.:IL:LL 2' uj _ r Lu U4009 .::QQ:QU.'U\;.U\•':UQ:UQ:. UQ;;UQ:.UQ::UQ;;U\;:U\:;UQ;UQ Q 0;0:0: 0:0;0:0O:0:O:Os0;0;0;0'0:0 Q Q;Q:Q:Q<,<,<:<:<:<I<:<:<:<:<:<:<Q p_N a N 0 134 PLEASE SEE ATTACHED FILE - PW17.1 FORM PW -17.1 PERSONNEL CONTACT LIST FOR WASTE COLLECTOR PERMIT # 50265 PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Identify key personnel and provide following information. Please verify all contact names, telephone and fax numbers, and email addresses before listing. Use additional pages if required. You must give County notice of changes in the Personnel Contact List at least 30 days prior to the changes (if practicable), and no later than 30 days following any change. TITLE: Owner PLEASE FULL NAME: SEE ADDRESS: ATTACHED VILE OFFICE -PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: TITLE: General Manager FULL NAME: ADDRESS: OFFICE PHONE CELLPHONE: FAX: EMAIL: YEARS OF EXPERIENCE TITLE: President FULL NAME: ADDRESS: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: TITLE: Operations Manager FULL NAME: ADDRESS: OFFICE PHONE: CELL PHONE: FAX EMAIL: YEARS OF EXPERIENCE: Page 7 d 2 135 FORM PW -17.1 PERSONNEL CONTACT LIST FOR WASTE COLLECTOR PERMIT # S0265 PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED TITLE: Customer Service Supervisor FULL NAME: ADDRESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL YEARS OF EXPERIENCE: TITLE: Recycling Coordinator FULL NAME: ADD ESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: TITLE: Route Supervisor FULL NAME: ADDRESS: OFFICE PHONE CELL PHONE: FAX: EMAIL YEARS OF EXPERIENCE: TITLE: AcoountanYbook keeperwho calculates and submlts franchise fee to County. FULLNAME: ADDRESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: Name of person signing form: KURT 13RATTON Title: VICE PRESIDENT Signed ��� Date: `— Page 2 of 2 136 2012FA001 PERSONNEL CONTACT LIST FORM PW1/.1 Addw `" I FOR WASTE PERMIT# 50265 TITLE OWNER VICE PRESIDENT LONG DIVISION FULL NAME LONG BEACH _ CORPORATE__ -REPUBLIC SERVICES, INC. - AREA KURT BRATTON RUSSELL DIX ADDRESS _ 18500 N ALLIED ADDRESS WAY _ _ 12949 TELEGRAPH RD CITY -- PHOENIX 2531 E 67TH STREET _ 2531 - SANTA LONG FE SPRINGS STATE_ ZIP _- AZ _ - 85054 -_ --_-_ V - CA -- _--_ - 90670 ----- OFFICE PHONE _ CA ........90805 - Of.'RtCEPHONE CE_LLPHONE _-___ FAX 480 627-2396 562 347-4049 CELL PHONE I WA 818 916-1192 FAX FAXL N/A 562 347-4094 EMAIL WA _ KBRATTON REPUSLICSERVICES.COM YEARS OF EXP EFLORESJR TITLE GENERAL MANAGER OPERATIONS MANAGER DIVMfON LONG BEACH LONG BEACH FULL NAME FULL RUSSELL DIX MANUEL ADDRESS CARDENAS BLVD ADDRESS 2495 E 68TH ST__ ADDRESS 2531 E 67TH STREET _ 2531 CITY LONG BEACH _ LONG BEACH STATE STATE_,_ ZIP_ __ _.. CA _ -- - -------90805 _--- --- ---(562)347.4055 _ CA ........90805 - Of.'RtCEPHONE CE_LLPHONE _-___ FAX -- - (562 5776274 __- (562 531-2666 ----- (562)259.2951 --- ---_____L 10)493_1163 _ (562)259-2998 EMAILRDIX -_ X562) 259-2909 PHONE .- REPUBLICSERVICES.COM X62) 577-6272 FAXL _ - - --- ------ .._... (562)259-2998 MCARDENAS3(a�REPUBLICSERVICES.COM DDIEMREPUBLICSERVICES.COM YEARS OF EXP I- YEARS OF EXP _- - . TITLE CUSTOMER SERVICE MANAGER ROUTE SUPERVISOR DIVISION _DIVISION _ AREA _ _ LONG BEACH FULL NAME _- DUC DIEP ADDRESS ENRIQUE BLVD FLORES - ADDRESS _ 12949 TELEGRAPH RD ----- '----- _ 2531 E 67TH STREET CITY --- - SANTA FE SPRINGS ------- ------- - ----- LONG BEACH STATE __- CA ---- CA - ZIP (818)683-1687 90670 __-_--- 90805 -- OFFICE PHONE _ (562),347-4200CEL_ -_ X562) 259-2909 PHONE .- - - ...-(562 4-6689..- X62) 577-6272 FAXL --` - (866)298-2931 - - --- ------ .._... (562)259-2998 EMAIL DDIEMREPUBLICSERVICES.COM CTERRY REPUBLICSERVICES. OM -.-- __.-- - - YEARS OF EXP _- - . EFLORESJR REPUBLICSERVICES.COM YEARS OF EXP - 137 TITLE RECYCLING COORDINATOR BOOK KEEPER _DIVISION AREA AREA _ FULL NAME__ _ KENNETHA JESPERS _ CAPRICE TERRY _ - ADDRESS 9200 GLENOAKS BLVD 12949 _ TELEGRAPH RD i _ CITY _ SUN VALLEY SANTA FE SPRINGS STATE _ - — CA CA LP _ 91352 - -- 90670 - - OFFICE PHONE (818)683-1687 562 347-4114 347 CELL PHONE -v_ 818 974-7817 FAX (582) 347-4096 --- EMAIL _ KJESPER REPUBLICSERVICES.COM CTERRY REPUBLICSERVICES. OM -.-- __.-- - - YEARS OF EXP _- - . 137 SOLID WASTE FACILITIES FOR PERMIT# 50265 FORM PW -15.1 PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Identify all solid waste facilities to which you deliver any materials that you collect in the unincorporated areas of the County, such as: Transfer processing stations, landfills, waste -to -energy plants, MRFs, composting facilities, conversion facilities and recycling brokers / companies (including e -waste). Attach additional sheets if necessary. CATEGORY FACILITY MATERIALS TAKEN TO Name of Facility: SUNSHINE CANYON LANDFILL REFUSE Address: 14747 SAN FERNANDO RD, SYLMAR, CA 91342 818-833-6500 Telephone: Materials accepted: STANDARD MUNICIPAL SOLID WASTE Materials rejected: Methodology used for XRoutes are pre- $Solid waste X The exact net xThe solid }iOismonthly allocating materials or registered based on materials are weight of the waste collected basis,, the facility rigirnrjurisdiction the route number, weighed at the material collected is is then unloaded will reconcile of o of origin of Its waste stream. Including Percentage allocation, and certified scales before entering allocated t( the jurisdictions) from on the floor and each load with - -disposed residue. ----- -jurisdiction-of-origin.--------Ihe-facility.-- --------whidrthe-material - - Prepared for _weight retards _. Cttss3calt ihal'3ppty. was collected from. processing. and allocations TRANSFER BEL -ART INNOVATIVE AMERICAN EAST LA STATIONS m ofFBcl, ? 2495 REFUSE 5 4133 BANDINI 1449 W ROSECRANS 1512 N BONNIE BEACH LC 1MdrBgACH LOS ANGELES GARDENA LOS ANGELES (11'applicabte) 9 805 90023 90249 90023 5 E 2re Pe�9A2872 323.264.0202 310.527.6980X2 323.881.8999 e o a: Materials accepted: STANDARD MUNICIPAL SOLID WASTE Materials rejected: HAZARDOUSMATERIALS Methodology used for Routes are pre- XSolid waste $ The exact net $ On a monthly allocating materials or registered based on materials are weight of the ?;The solid waste detenniring jurisdiction the route number, weighed at the material collected is collected is then basis, the facility will reconcile each of origin of its waste percentage certified scales allocated to the unloaded on the load with weight stream, Including allocation, and before entering 9 urisdidlons from 1 () Floor and prepared P P disposed residue. Jurisdiction of origin. the facility. which the material for processing. records and Check all that apply. was collected from. allocations Name of Facility: CVT MATERIAL RECOVERY FACILITY RECYCLABLES Address: 1071 N BLUE GUM ST, ANAHEIM, CA 92806 Telephone: 714-238-3341 Materials accepted: RECYCLABLE COMMODITIES STANDARD MUNICIPAL SOLID WASTE Materials rejected: HAZARDOUS MATERIALS KA waste K The materials are S All residue Methodologyused for characterization is XEach vehicle is then delivered to R Each outbound materials are m allocating materials or conducted to weighed at the the processing area commodity weight tracked based upon determining jurisdiction allocate each type of certified scales where all materials is collected and the waste of origin of its waste recovered and and a tare weight g are sorted and reconciled with the characterization stream, Indudl rig disposed residue. recycled material and all process is captured. � processed for optimum diversion. waste characterization and allocated to the Check all that apply, residue by weight. for the facility. appropriate jurisdiction 138 139 Name of Facility: RECYCLABLES Address: (If applicable) NOT APPLICABLE Telephone: Materials accepted: Materials rejected: Methodologyused for o A waste characledzatlon will o The materials are o Each vehicle is then delivered to a All residue ❑Each outbound maledals are allocating materials or P rovide for the weighed Shed at the the processing area commodity weight is tracked based determining jurisdiction of allocation of each certified scales where all materials collected and reconciled with the upon the Waste origin of its waste stream, and all materials by and a tare weight are sorted and waste characterization Including disposed residue. Check all that apply. weight iscaptured. processed for characterization and allocated to optimum diversion. for the facility, the appropriate Jurisdiction Name of Facility: GREEN WASTE Address: NOT APPLICABLE Telephone; Materials accepted: Materials,rejected: Me used for o Green waste o The green o Each toad of g n The facility will allocating allocating mataricti or materials will be waste will green waste delivered Will be use the green determining of collected and m hauled from the allocated based waste as este stye origin of Its waste stream, transported in the truck directly to Alternative Daily Inducting disposed residua. same manner as the facility. upon tare weights Cover (ADC) Check all that apply. solid waste, on tons delivered. program. Name of Facility: BULKYSEE TRANSFER STATIONS: ITEMS Address: BEL -ART, INNOVATIVE, AMERICAN, EAST LA Telephone: Materials accepted: BFILL: Materials rejected: HAZARDOUS MATERIALS, LIQUIDS, PAINTS, CLOSED CONTAINERS Methodology used for XThe facility will allocating materials or determining jurisdiction of record all bulky items delivered and x The facility will report all materials based KAJI materials recovered are allocated based upon Weight and origin of Its waste stream, recovered. upon thejudsdiction of generation. jurisdiction of generation. including disposed residue. Check all that apply. Name of Facility: SEE TRANSFER STATIONS: ELECTRONIC Address: BEL -ART WASTE Tele hone: Materials accepted: COVERED ELECTRONIC DEVICES, APPLIANCES Materials rejected: HAZARDOUS MATERIALS 139 Methodology used for allocating materials or o All electronic weight are weighted and allocated per commodity o All materials recovered under this determining jurisdiction of Its type and weight. program are recorded and reported origin of waste stream, back to us and the State of Including disposed residue. California Check all that apply. CONSTRUCTION Name of Facility: FALCON AND Address: 3031 EAST I STREET DEMOLITION WILMINGTON, CA 90744 DEBRIS 562-347-4037 Telephone: Materials accepted: SOLID FILL MATERIALS, STANDARD MSW Materials rejected: HAZARDOUS MATERIALS Methodology used for XThe facility will " allocating materials or record all C&D cKThe facility will report all materials lased o All materials recovered are determining jurisdiction of origin of its waste delivered and upon thejurisdfction of generation. allocated based upon weight and stream, including disposed residue. recovered, jurisdiction of generation. Check all that Name of Facility: COMPTON FACILITY FOOD Address: 2509 W ROSECRANS AVE WASTE LOS ANGELES, CA 90059 Telephone: -.52 7 - 6.9 8D Materials accepted: Materials rejected: Methodology used for XThe facility will allocating materials or record all food waste 7Q The facility will report all materials based o Ail materials recovered are " determining jurisdiction of delivered and upon the jurisdiction of generatlon, allocated based upon weight and origin of Its waste stream. recovered. jurisdiction of generation. including disposed residue. Check all that apply. OTHER Name of Facility: (please specify) NOT APPLICABLE Address: Telephone: Materials accepted: Materials rejected: Methodology used for allocating materials or determining jurisdiction of origin of its waste stream, Including disposed residue. flame of person signing form: KURT BRATTON Titre_ VICE PRESIDENT iigned Date: PAGE 3 OF 3 (lull FORM PW -20.9 VEHICLE INFORMATION FOR PERMIT # S0265 PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Promptly update the following information as you replace listed vehicles. MAINTENANCE YARD or other storage location (where you park vehicles either overnight or when not in use) Street address: 2531 E 67TH STREET City. LONG BEACH, CA 90805 VEHICLE INVENTORY LIST: (Each vehicle that you will use in the unincorporated area of the County to collect, transport, and discharge solid waste), inducting primary and backup vehicles. ("Please make additional copies if needed") COLnry,.wlll dssuo you. this number of -decals which you must pleco on.each vehicle. Make (Front. rear badar, etc) Year Fret TypOi* (CNG. Giosel, ek.J Capadly (Tons) vehicle ldentirraWn No. NINA) Verdda ticanse No. Perces NAMPode x -a benly Was: x avn WrcwparaedCaNyarom PLEASE SEE kTTACHED DoCiMENT PW20.1 Name ofP 5n�9 arsons' In farm: Title;KURT 13RATTON VICE _._. Signed _ 141 2012-FAOOI VEHICLE INFORMATION FOR PERMIT # S0265 FORM PW -20.1 ADDENDUMI MAINTENANCE YARD 2531 E 67th Street, Long Beach, CA 90805 W&A 2012-FAOOI VEHICLE INFORMATION FOR PERMIT # S0265 FORM PW -20.1. ADDENDUMI MAINTENANCE YARD 2531 E 67th Street, Long Beach, CA 90805 143 MODEL Fuel Type (Front, Rear (CNG, Diesel, Capacity Vehicle % in MAKE loader, etc) Year etc) (tons) VIN# License# UCA AUTOCAR ; Front Loader; 2009 LNG 12 5VCACLLE59H2O9577 ; 8W95563: 50% ........................................... AUTOCAR : Front Loader: 2009: ........... ...----- ....... ......... LNG ; 12 -....... ..-----•---•._. 5VCACLLE69H2O9569 ........... ............ : 8W86963 : 50% ....................................... AUTOCAR .......••---------` :Front Loader: 2009 LNG : 12 ........ 5VCACLLE99H209565--1 . ........ 8W68194 ...... AUTOCAR }............................................�.....•. :Front Loader: 2009 ; LNG 12 5VCACLLE89H2O9573 :_ ; 8W95570 : 50% 50% .... . ..... .....r AUTOCAR .................".. --•.,._._......__. : Front Loader: 2009 _._..r. LNG ..r._......--------.............. 12 SV CACLLE29H2O9570 r--.........._ .......-- 50 8W95566 : 50% --------------------•---------..-------,.................. AUTOCAR :Front Loader: 2009: LNG . : SVCACLLE79H2O9581 ; 8W95564: 50% .... AUTOCAR :Front Loader: 2009 ] LNG : ...1.. 12 SVCACLLE49H2O9568 : 8W86962 62; 50% 5 AUTOCAR :Front Loader; ................. 2009 ; LNG : ..M%.............................. 12 5VCACLLE39H2O9576 --W8 ; : : -• ...............} ---------------I-•---...,._...........-_._.}. 8W95568 50% AUTOCAR : Front Loader; 2009: LNG .....r..................... 12 : M........}............. 5VCAOLLE99H2O9582 8W95571 ; ........ 50% •--------------I--------•------------•-----r PETERBILT :Front Loader .....r..._ — ; FORD SCOUT : ....... 2006 : Unleaded Gas: ... .....,.....M.... N/A 1FTYR10U36PA93081 ..........__.......... : 8C35171 : 50% AUTOCAR : Front Loader: .............. 2005: ............. LNG : 12 : SVCDC6MF75H2O1870 : AUTOCAR }...................................... • Front Loader; 20051 LNG 7W33250: ....._...}......... 50% 12_ 5VCDC6MFO5H2O1869 7X02492 ; 50%_ AUTOCAR Front Loader: 2005 ; LNG 12 5VCDC68E45H2O1075 : 7S74722 50% ....................................... ; FronI Loader':'20'04 : CMG ; 12 .........................R SVCDC6l€84}iZ0033'2 : 7V376W : W/O ...........................................................1.............. AUTOCAR : Front Loader' 2010 : CNG �. . 12 _.....................................I...... ......... 5VCACLLE9AH210560 8Z04741 35% ...............................I........,;................. ATOCAR :Front Loader; 2009 ; CNG 12 5VCACLLE69H2O9572 ; 8W71507 : 35% ............. ..}.......-_--..,...005 AUTOCAR ; Roll-" off ..................r......__--•-r.....-----------............... 2005: Diesel 12 ___....... ,. _ - 5_V_C__D_C_6__B__E_9__5_H__20.1.2.20___: 7_T_2.4.229 20% • _.. .....r ........... . PETERBILT: Roll off ; .......... 2003 ; Diesel ...r. 12 :1NPZLTOX43D713955 : -. r-' -•--..,._...... : 1132805 : 10% AUTOCAR : Roll off : 2006: Diesel : ..............................•........_..._..... 12 : SVCDC6MF96H2O2889 : 8BO8536 _....•- 5% ._.........-•-• AUTOCAR-L___ ............ .................. Roll off j 2006; Diesel_ 12„ 5VCDC6MF96H2O2892 AUTOCAR Roll off 2006 ......._. Diesel 12 8810229 j 5% : SVCDC6MF36H2O2984 ; 8D17757 ; 5% ALITOCAR .......... .................­_i ; Rall off 2006 ; r Dlesel ........................ 12 I. ........ SVCDC6BE36H2O2347 _,._...__...._.,_.._. : 7Z06647 5% .................................................................r. AUTOCAR Roll off ; 2005 ; -.. _........................., Diesel 12 5VCDC6BE35H2O1083 : 7P59069 5% ................... . .................... ; Roll off :2005: ...AUTOCAR Diesel 12 : 5VCDC6BE55H2O1084 : 8N90383 : 5% AUTOCAR : Roll off : 2005: ......................... .... ....................... Diesel 12 : 5VCDC6BEX5H2O1081 ; 7P82375 : ..............}.......•--.....{--_•----i-••-------------. AUTOCAR : Roll off 2005 ; ;-------------}.....--_.._.__...._._.........}-------------F-_.------ Dlesel 12 SVCDC6BE05H201087 5% ..............r........._.....,........,.... ; 7P82379 ; 5% AUTOCAR ; Rall off 2005 ; . --..r._........._..........._.._....--- Diesei 12 5VCDC6BE25H2O1088 ........,......... : 8V26966 5% PETERBILT: Rolloff : 2005: Diesel ; ; 12 i 1NPZLOOX35D715777 7750010 5% 143 144 0 CD N 3 CD 0 C Q 0 0 CL N (D �D O co v N eO p 416 Am Hix ONJ N o_ � � N O N �1 H �xd v�0 a o W S � A O [sf n 144 0 CD N 3 CD 0 C Q 0 0 CL N (D �D O co v N � p 416 Am �O ONJ N o_ � � N O N 144 0 CD N 3 CD 0 C Q 0 0 CL N (D �D O co v 1 MPANYID# S0631 FE E $53547.00 2PERMIT a DATE OF ISSUE I XPIRATION DATE I ALLIED WASTE SERVICES OR N. AMERICA 9200 GLENOAKS BLVD SUN VALLEY, CA 91352 `�iil'��91 ALLIED WASTE SERVICES OF NORTH AMER 14905 S. SAN PEDRO ST GARDENA, CA 90248 145 i.d COMPANY ID # 50004 PERMIT FEE $6,689.00 VE HICLES PERMITTED 145 DATE OF ISSUE 02/09/2012 EXPIRATION DATE 12/31/2012 PROGRAM EXHIBIT 2 (Annexed Area) EXHIBIT " 2" �- Page I of 40 I A O EXHIBIT {{211 lLEG_ALD. ES=TIf3RT _AMINEXATION N0.2010-10 To TEE CITY OI' SANTA CLARITA °coDp> x ONEN That _Portion of the Rancho Sari _rancisco in the Counry of Los _Angeles, State of I California as shown on map recorded in Book l pages 521 and 522, o -F patents, in the office of the County Recorder of -said county described' as f621O*A3: ' 3eg;n—;ng at the POjnL OT_ 1nL'crSBCL!Dn Of h6 ^Snt�*1132 O' Copper H ll Drive with the centerline of Decoro•Drive as ShOv:n• O'1• -map 0- _Tact No_. 45202 filed in Boon !25.6 ?ages 9 t=ough 12 inclusive, of Maas,. in 'id Office of th.'e Cou ty Recorder, � 5a.i.d '7Di=t beiTig oil a curve, 13. said: arl i•ta = �7 Drivel '" v" 'erl 2iavl- I of O COvoer„ 1 ,D__v Er, CO1Qave Aortnr,=sa� _y _-�. __g z r3 i•S 750. DD -feed ' a 'radial line, through said point be --=s North 33° 12' n 6" West, sail- L, point also ae-ng an angle Point on:he boundary Oi tne.City Di Santa Clan=` a as the'same existed on DCtober 14r 2010; thence' (Cl) leaving said bo--ndary of the City of Santa Clarita and northeasterly along said.canterline of Copper Sill Drive and said curve and along the centerline of CoPPer Sill Drive as shown on Trap of Tract No. 48202-.0,8 filed in Book 1257 Pages 55 through 61.1 c2u3lve, of said Maps through a central angle of 27°05'20" as arc distance of 62 -7.38 rest to, t1z.,point of intersection of last said centerline -with the northwesterly prolongation. Of the northeasterly lige of Dot 37 of said Tract No. x8202-04; theace (L2) radi•=_1 to said cLve and along said prolongation and along sail northeasterly line South60°18106" Fast 127.°0 feet to an angle point. therein, thence (�3) along the iiorthwesttily line of said hot 37 North 3V416119' East 1573.51 feet to the most easterly corner of said Lot 37 also being :he X:\PD4aZ7\WO?+J 7005\i<567W5\?.%FDBiTS\B0�0 'cY3IBTT5\B�51 N??3iZ8T0'. '•At71Aex 2010-10 r^.MDOO s • EXHIBIT "T$ Page 2 of 40 { '„ n'b.rtilerstexly come= of Tract No. 48202 -OS as 'shown on map .filed in Book .24g Pages 24 through 33 -inclusive, c= szideps;'thence (14) along .the gene=al.easzerly bo,lndary' of said Tract No. 46202-05 the . following 25 coux5as, 'South 15°49'58" East 204.97 feet,' thence (LS) South 49°23'06".E35 74.35 feet; thence (L6} south 14°0'1'34" West 77.56 feet; thence (17) North 83°05'11" West 77.10 *eet; thence (LB) South 64°35'06" Wesc 80.82 'feet; thence (i9} South 099261'04" West 78.56 feet; thence (110) South 35°50'33" East 50.72 feet; •thence (111) South 72°$6122" East '60.99 feet,: thence (112) BoUth 69°33'39`• East 5$.92, feet; t'_^Ce (113) Scute 36°38'59" East 61,98 =est, th=ice (114) South 14045'02" east 56.66 feet, thence (L15) South 07'42'25" East 73.95 .feet; Lane (116) South 1602113611 3ast 86.43 feet; 'thence (117) `S'ou'th+."05°08' 45" East 133.63 _est; =hence, asp 76.93 feet; thenCe ' _ (Ll9') South 03'03157" West 126.63 feet; thence (120) South -29°12'1371.- est 41.03 fee -s; thence . (L21) South 52°42143" West 41.79 feet; once (122) South 43033128" West 59.61 feet; thence . (s,23) South. 09°2i'OS" West 182:50 feet; t Ence:, (L24) South 26'39'S2",East•45.35 feet; the " (L25) South 41°05'24" East 66..03 feet; thence (L26) South 33°04'43" East 128.67 feet:tnence (127) South.27°13'33" East 35.05 fest.; thence , (L26) south 05°54'53" East 362.09., feat to as su g1E point- in the ersterly line of Lot 10 of said.Tiact No. 48202-05; fence"• (129) along said.ersterly line -and its prolongation' South•. 02739'35" ln'est 49.45 feet to a point of.intersectioa With the center3ine of Decoro 7rive. as snoim on map of Parcel. IJ1ap No. 24981 filed n Bod7c 28$ pages, 51 �"�' •DOC Y,:\ADN'M\WMD DOC&\LBGALS\ET.S=EDT5\80DD i0l-B:TS\6551-CO?PD3ST01gk A,=BC 2010-10 1 �1 I I 11 f 'i Containing 68.86 acres, more or less, TOO K NO.4652 . Of X:\ADHIN\w0SD DOCS1":XCALS\-:.}3I3ST6\8000 Z=-X?1TS\6551 COMWT0}Ml ANFEK 2010-10 zM.DOC EXHIBIT Page 3 of 40 -- 'O3or40.00-'feet (131) along said boundary North 02,.,.3Jrr an 40. D0 meet to aangle - - _F g'oint therein; thence (132) continuing along said bousdary,.North•87'20'25" West 69.49 feet to an angle aoint there 32 thence (2,33), continuing along szid.boundary North 87°21'30" West 128.32 Ener to the beginning of a tangent curve concave northerly having a radius of _2560-00 feet; thence (C34), westerly along said bou_dary, and along last -said curve and .along i the' northerly line of said becoro Drive through a central angle' of , . 18°311DD" pn. arc d stance of 827.33 feet to an angle point in, said boundary;' thence .. (L35) along said boundary and rad -1 -al to last said curve South .21°09'30". vest 40.00 =eat to all angla point.there on the esntariina of said Deco=o Drive ' also being a point ' at the begipn.'ug of- a curve concave. northeaster.'y h2v=^g a rcdi.115 c= 2600. OD feet, t0 i+?Lcn 1^St srid COiL'et .. is radial; thence -". .. (PA)_._?o=th7%q,esterly along said boundary and last said curve and along ' • .. i r r Drive- through h cent_a °t r -^n said-.- cenia_lae.. of Decq_o 7 „e � oug_ a •..__t e_ angle o= 30 6 0� an d arc distance of 1396.80 feet; thence M37) along said boundary and tangent to last said curve -Mor=e. 38 ° 03' 38" -West :92.97 feet to the point of.beginning. Containing 68.86 acres, more or less, TOO K NO.4652 . Of X:\ADHIN\w0SD DOCS1":XCALS\-:.}3I3ST6\8000 Z=-X?1TS\6551 COMWT0}Ml ANFEK 2010-10 zM.DOC • o� I 6 i ~ W 66 a Y 6e III H w0 nI ` a 'Y,e . ry ,j •y�� g� il CD .. .. . i ..•bl tl I � JI g �i '• I• -� I Ill ' '•� Pte.. � _.._ , ob ¢ $ 4 4v0' aha ff o =9a"sF i 's s -"rim ''c y~ ' met PRWFPF ol NJefi I SIF Ih ww 14 0. g► i '_ r ; ¢. 1 o , p 1 I I Ii z o.. a I 1A 6 R EXHIBIT "2" Page 5 of 40 EXHIBIT "2" Ali' NEXATION'N0.2011-a3 TO THE CITY OF SANTAARITA "ELS_MLP�E CA7trymN" Those' portions o£ Section 7 and Section 18 in Township 3 North, Range . 15 west, and those portions of Fractional Sections 12 and 13 in Township 3 North, Range 16 West, San Bernardino MericLan, - all according to the official plats thereof, in the unincorporated to rr'i tOrY Of 'the County O£ LOS Angeles, State Of. Cal:ifornla togetaer with that•obrtion of. the Pzncho San Francisco as shown on map recorded in Book 1 Pages 521 and 522 of Patents, ;n the o==ice of the County Recorder of said Cou-1tv described as a whole as follows: Beginning at the east qua=tar COrner Of said 3ectiOn' 7p said. Co sler being a point on the boundary o_ the City of Santa ClarltaL as the sale existed on January 11, 2011; thence (L1) leaving said boundary and along the easterly line of the southeast quarter of said Section 7 South 00°59'21" incest 2905.83 feet to the northeast corner of said section 18; thence (L2) -along- t -'he .r_ortherly line of the northeast quarter of said Section 18 North 89028'32" gest 1083.57 feet to the northeasterly corner of the northwest quarter of the northeast quarter of said Section 16 as - described in Parcel 4 in deed -to said City of Santa Clarita recorded. 'October 29, 2010 as instr meet no, 20101552982 bf Official Records; in said office of the County Recorder; thence (L3) along the easterly line of last said northwest quarter o£ the northeast quarter and along the easterly line of the southwest quarter of the northeast craarter of said Section 18 -as described in Parcels 3 and 4 of last said 'deed South 02004'59" nest 2607.54 feet to the. X:\ADffi8\AORD DOc5\L :GALS\5X825=^_'5\80D0 EHILBrTS\6560 EX8 ELShhMRE Cr mm, Doc ' EXHIBIT 66211 "--- -.. Page 6 of 40 l ='4 southeasterly corner' of .said. southwest Quarter of the .northeast S T( 'quarter; thence (L4) =_long the south line of the northeast quarter of said. Se�tion.'18 South .89038153" west 1220.49 feet to the southeasterly borneof the northwest quarter of, said Section 18; thence (LS)' along the south line of last said northwest gs3rter South 8903B'S3" West 25=8.87 feet to the west auar-er comer of said Section 18; thence' •(1:6) along the'south.line-of the northeast auartar o_ said Fractional Section 13 North 86039715' West 973.29 feet to a., point on •"he. centerline. of the tesoue Dalley Freeway (State Highway 14),.'also beng a'peint on the boundary of the City of Santa Clar_ta as the sane.. e istzd on Janua_-v 11,.2011; thence (L7) along said oenterline and along .last said boundary North 18°56'51` East l2B.B6 met to the begun=ng .of a tange_r.t. c:=7ve concave westerl_y'having a radius of 3500.00 feet;• thence (CB) northerly along'said cent=erline and along last said boundary and .. said ._.Curve -through a cenisal...an>gle..,,o ...3a°5529 an arc .distance 0 : 2136:48 feet; thence (L9) continuing along said centerline and _last said boundary and tangent to said cu ve North 16°01'38" West 1908.77 =eet ;to the beginning of a tangznt curve concave easterly having a radius of 3000.00 feet; thence (C10) continuing. northerly along 'said canterline and last said boundary and last said curve through a central angle o.f 40°52'22" an arc distance of 2140.99 feet; thence . (b11) continuing along said centerline and last Said boundary'and tangent to last said cur'ce north 24°50744" East 645.22 et to, an. angle point in said boundary of the City of Santa Clarity; thence (L12) .leaving said centerline .and along last said 'boundary the following 7'courses, South 89°09'09" east 872.20 feet; thence "(L13) South 83022"14" East 1285.70 feet; thence (L:L4) South'.00°28`3i",East, 39 .97 feet; thence X:\ADAuM\7v0?V D0CS\T+ECFSs\.X41B1TS\8000 MRIBITS\8560 ma msmm CYN 7NIR X -Mc a •i; I I :. .. _...... EXHIBIT 2 Page 7 of 40 (L15) South 89007'A6" Fast 1291.28 _set; thence _ 'N •(1.16) South 89°07'39" East 1268.02 feet; thence • (L17) South 00°36105" East 652.49 feet; thence (L18) South 89009154" East 1250.57 feet to the point of beginzzii.g.', Containing 806.52 acres, more or less. Ni NDD..4552.VGI�,',' I IL Zf i • 1 i I i X_\ED=\ O-RD +DOGS\wGLZS\E=B=T5\8000 mm:B--M\6350 ME zisLP,t'2�-`. mm ;=Ex.poc I i 1 y gig in in in On Big 33 6 saI P,g v in ' .. 88e'$S�$F S $ $g�.� yP '1'�i 4.� 3°.qS a Q � '�i�5TCK 9• . pip - in - '9I� _ -i•� �. r.$µ "...�...5'/Yn U S1M1tld 30 iL5—lZ4 >7d `l NDDB 005I0fA,:6, Nd5 DHDhtla J 111 HOIND' ,•e A. EXHIBIT "2" LEGAL ANNEEXATIONT N?O.2411-22 TO TEE CITY OF. SANTA CL44FTTA NORTH COPPERHILI° EXHIBIT " 2" Page 9 of 40 Those .portions of Sections 5, 6, 7 and 81 Township 4 North. Range .15 West and those portions of Sections Land 2, Township 4 Northr Range 16 West and those portions of Section 31, Township .5 Northr Range 15 West and those 'portions of Sections 35 and 36, Township 5 North, Range '16 West, 'all of San Bernardino leridL= in the County O_ Los Angeles, state.of'Califo_rnia described as followsc. BeginniSlg at the northeast corner or said Section.6; thence (L1) along the east ! e of said Section 6 South 01049`09" ya5t• ..• 2321.68 feet to a point on the cent=rline of .Bouctaet C=Tybn Road as . .. ! �h&;nt ---bt ','c5f 'Tract Nom' - 35157' `:fled im Book '10.05 L.8 to 55 - Pages inclusive, of Maps, in the office of the County Recorder. of said County; thence (12) along said centerline South 50°53156" West 320.18 feet Co a P0 3 -12'r on the north line of the southeast quarter of said Section 6; thence (L3) along said •north line TTorth 89°47'35" East 254.85 feet to the northwest corner of the southwest q-aarter of said Section 5; thence (14) along the -north line of said southwest quarter of Section 5 South '89°07'07" East 1272.62 feet to the east line of the northwest giarter, of the southwest craarter of said Section 5; thence', (15) along .last said east line South 02018'54" West 1315.34 feeti, to the south line of last .said northwest quarter of the southwest quarter; thence . (16) along last said south line North '8s°58'38" West. 1176_06 feet to he northwesterly corner of lot 170 -of Tract No. 46268 as sh'cwn,on map riled in Book li41 pages 1 to 12 inclusi7e,'of said Maps; t1pence , X:'\PDB\SPO.^'+D DOCS\sCaS�S\x'.XF..iBrTS\B000 �I�?35\8582 5X8. DOC \ , , :L 1 7) along the southwesterly and nor thwzster3y lines o- said ioL-� -- ° 1 ". East 14'.73 ,feet; thence as follows, South 01 0_ 22 g ° 4 ' 19" East' 334.06 faet; 1 ence' (L8) Sourh 6 7 (L9) South 56022151" East 117.00 as then¢e (L'10) South 60059137" East 697:63 feet; thence p m ' (L1l) south 2703910 y 9" We 367.49 =dEt, thence = ine 'ot said. (412) S78°5548t 159.84 feet to the outh west " Wesr_ Lot 170 on the nOxthEasterly line of Santa Catarina Road as snOD71? on said nap of Tract :No. 46268 and as .shows! onap of n Tract No. '46269 i nce =fled in Book 1239 pages 50 to 61 .inclusive of s�ido�iaps;rrL ge st 82.05 {L13) along last said.norzheasterly line south 07 50 0- et.to thebegi='ling of a tangent curve concave northeasterly. having r thence m - a'm 4us o_ 468.00 fee ; nDxL^-Bd3tErly line and SOLt_hea.$�-er'1V .i (C14) continuing along last said 29'^9`26" a -a along last said c,„ ve . )Iro`�.gh a central a _3 or �= distance of 243:61 feet; thence . i last sad-- northeasterly y=ne and tangent to . ..._� ('.��•)..—coutimu:=Ing along i 37°4D"11" -6'bL 69.60-f2'eT. t0 tnt^"n0 �nweetex±V' . . lafC . Sald ciLTT� Sou.L-_ co—•eT_ of Lot 116 of said Tract No. 46269; T_ pf. Said LOT. 116 North 7B°56'48` (L16) al ong the northwes terl v line=; Tract NO.. 46269: _= to the noxtheasLErly corner a= s.d East 141.34 xe_� thence46269 as follows, (L17) along the Eas`exly line of said Tract No. south. 2804430" East 341.35feet; thence' (L18) sough03'i m °�126" mast .6D. D0 feet; thence (L19) South 09°38'05" East 66.58 'eat; t-henae (L20) South 00024'16" West 192,.94 feet to the southeasterly Corner of ' Lot 108 of said Tract No. 46269; thence last'.said easterly lire to' (L21) South 18033129" West 64.00'feE6 along an angle point therein on the r_orthEaSterlY line 'o'f Lot .107 of said Tract No. 46269'on a. curve concave southwesterly having xa3ius. oi; 318. 00. feet through which 1?s;u said course is,r'aciia];'thence. x: aor=a�w6av nocs� r2ns\-tx s- s a000 azs a>sz sx.ncc.; ;tw x. \�.neax\wow co:s\zacals\Y3.'L•'--8=2£\6000 EiC;Z>ITS\8582 SX?-D� \ \ v s.a w ' EXHIBIT 642„ Page 11 of 40 �I AC22) southeasterly along last said curve and along s=_ a no= �heasterly - 13ne through a central angle of 1050101" an arc distance of 10.18 feet "to the northeasterly corner of. said Lot-107; thence, „ I. id line of Tract No. 46269 the. ".(L23) ceatinuing -along said easterly following three courses; South 15°32'38". west.156.15..fleet; thence (124) South 22°21152" west 58.16 feet; thence (125) South. 31°31'58` west 165.85 feet; thence ,1126) continuing along said easterly line of Traci No. 46269 and along the easterly line of Tract No. 46270 as shown on map filed .in Book' 1234 pages 40 to inclusive, Of..said Maps as follows r. south .49 38°18'20" west 485.49 feet; thence (127) South 25°11107„ West'.140.33 feet; thence (3,28) South 13°07'35" west 61-44 feet; _=hence (129)' South 07°52146" west 50.51 feet;.thence (11.30) South 07033105" west 174.40 fest; thence (131) South OS°48'54"west 43.09 feet; t'r_=_nce (L32) South 01°33'43." East 345.76 feet to the sou-heaste.rly co=mer oi._... ; act Na. 46290.being a pointe on the iorrtherlg._1_ne of.::. Lot .B o=' said r Lot _� Plum Canyon Road as, shown on said map of _ract No. 4 627 0 and as s>;own on mat of Tract No. 31158 filed in Book 1246 pages 20 to 24 inclusive, OIL said Maps and as shown on map of Tract No. 44966 filed in Book 1140' pages 76 to 86 inclusive, of said Daps; thence . (L•33) South 08026'58" East 50.00 feet to a point on the 'centerline of said Plum Canyon Road being a port on a curve concave northerly having a radius of 3100.00. feet} to which last said course is radial;. -hence ... - (C34) westerl.y•along last said centerline and said curve as follows, through a central angle of an arc distance of 694.89 feet;. • .12050`36" thence (L35) tangent to last said curse North 85036'22" west 445_21 feet`to the beginning of a tangent curve conca—ve northeasterly raving a radius • of 1200.004feet; 'thence x. \�.neax\wow co:s\zacals\Y3.'L•'--8=2£\6000 EiC;Z>ITS\8582 SX?-D� \ \ v s.a w EXHIBIT 642" Page 12 of 40 last said cuT se. and sai Car,: car oy (C36) nor_hweste_ly along ' F:s Canyon Road through a, central ang_ e of 33°12' 3D" an" a c dl stance o 695.51 feet; thence (Z,37). tangent to last ' said curve and along. last said cer_terline of ?ltm Canyon Road .North 52°23'52" West - 273.9h. feet to the northerly. term7.'Lts of that course..shown as North 37°36'08" East 3,94 .feet (D2) on said:map o: Tract No. 44966; thence (L38) along last said course South 37°36'08" West 3.54 feet ,to an angle point in the. boundary Of said Tzact No. 44966 and an. angle Po inc in the boundary of :the City of Santa Clarita as the same existed on may 10, 2011; thence (L39) along said bounda=3 of the City of Santa,Clarita Nortn 49°,12'3D" West 15.04 reel LO. t_e beginning Oi a. tangent Curve COACave 0.00 ,to -_y hav nga radius of 200 (C40) continuing along said boundary Of the City df Santa Cla ita a.iOng the f011Owing COLrs?.3 and Cll-T'vess `no''thwasterly along last Sal, . . cu"ve through a central angle of 16°55'51" .an arc distance of .591.OD - ca^.66,-. thence _ .._. -ean t-0 the southwest=r_y corner .of said.-'jract .No_ (L41) ?North i6°32'26" East 243.20 feet; thance. (Z42) Nor',. -h 160400'_416n East 60.00 feet; thence . _ (143) North 73010'14''•" -Vest 37.50 feet; thence (Z44) Nerth 16°49152" Bast 127.21 feet; thence (L45) North 88°26'06" West 2B.00 feet; thence (Z46) North 040DV 54". West 104.41 feet; tbence (147). North 05°29'16" West 64.00. :feet to the beginning of a non- tang==-nr t curve concave northerly having a adius of 468.OD feet tO *h ch last said course is radial; thence (C48) westerly along last said carve th=ough a central angle or 00°18'22" an arc distance Of 2.50 feet; thence (Z49) non -tangent t6 last said cure North OZ°OD`16" West 183.57 feet; thence (Z50} South 89°07'8" East 36.60 =eat; thence P. (Z51) NortL 79°06'57" Rast.81.07.feet; thence. (152) North 72°47`10" East 82.4B feet; they X:\e17yT-7\CORD DOCS\iSGA35�&1CG�iTS\BDDD 38E3ST5\BSo2-+DOD \ wr EXHIBIT "2" Page 13 of 40 5' (L53) North 26'581324f. West "!05"08 feet .to a po rt on a non--angent ». torte bo nor hwesterly having a radius of 230.00 -feet, . a radial , line t sough last said point bears North 26°49':5" West; thence (C54) northeasterly along last said curve through a central angle of 15051148" an arc distance of 63.68 feet; thence {155) radial to last said cue North 42°41'03" West. 60.00 -tet; cicurve thence . (L056). North 43°14154" West 155.3B' feet; .thence (157) North 22°23'31" West 120.88 feet; thence (158) North 07°40'37" West 343.94 feet;. thence . (L59) North. OD.010'01' East 251:00 -feet; thence (L60) North 25°44'30" East 1148.04 feet; thence (L61) North 02°16'50' East 131_6.37 feet; thence (7162) South 89°'-'7135" West 778.83 -"=_et; thence (L63) North 00'08'41" East 1350.83 feet; thence (L64) Borth B9034'15" West 600"00 feet;., thence _.... (L65) North. 89°32'51" West 1009.75 feet; thence T 66)- South "03°58-'.47"West 893.37' feet; ^.ence (L67) continuing al ong_sa=d City boundary South 66029'31" West 89.98 feet to the beg -ring of a t=—gezt �� e concsve northerly hating a radius of 1500.00 feet; thence (C66) westerly along last said curve through a cetrzl argie of. 54°47104" an arc distance of 1434.25 feet; thence (L69) non-taiigent to last said curve South 00°16153" East. 540.98 feet,'. thence (170) South 00°15127" Last 264^_.81 f=_et; thence (L71) South 89041116" West 500.31 feet; thence . (172) North D0016104" West 555:00 feet; thence (L73) South 89°41'16" West 826.5A+ feet; 'thence (L74) South 0016121" East 555.00 feet; thence (175) South -.89°41'16' West 1179.60 feet;.thence (176) North 11026'31" West 1-44'.73 feet; thence (L77) North 09°41'54" East 593"B6 feet; thence ' (L78) North 26°22'18" West 95'.23 eet; thence X: \t'.DPiS\WO'4D 000 EX2ISITS\8582 3Xa.Doe v n vM :L a EXHMIT 6.221 Page 14 of 40 y`5 ZJ79'). North 10°10'25" East 551.01 feet; thence ''. (ZB•0)' Nosh 89°32'43" west 360.48 fEet to a point at the begin s_izg o= a non -tangent ct+ .ve conezve westexlp 7Yaving z radius o= 1540100 feet, a. radial line through said point bears North B5°14'50" west.; :nhence ($C81) 'northerly along said curve through a- central angle of 5°27'16". an arc distance of 146.60 feet then= (1,82) tangent to said curve Norr`h 00042'06" vilest 506.63 feet to t}zs belting of. .a tangent curve .concave easterly, having a rac us. of 5240.00 fEet; thence (C83) northerly along last ,said curve through z cent ral angle of 01°55'26"'az arc distance of .175.95 feet; thence (L84) =_agent to last said cu_va North 01'"13'20" East.. 462::74 111 o the beginning ef'a tangent CurvecOnCave sOlit}eas �riy' Ila'ai'ng Z xad_us of 27.00 f. -et; thence - (CBS) northaastErly along last said c=zve through a' central angle ox 89°59'55' an arc distance of 42.4' feet; thence °_ rhan- :asst, 36.32 - ieet; tangent to ,last; said curve South BB 6 _. thence- (D87).1kxth 00°17'49" west 40.01 feet; thence (1tgB) lvox h 88°45'09" west 1661.84 feet to ``e beg' _nj g of a.ta�gent radius o= CL'r'vE COACavE southerly having a ra'i - 1 2OD.00 _est; -hence. (C89) uesterly.along last said care through a central angle of. 20°30'25" anaarc distance of 429.50 feet; thence (L90) tangent to last saidcurve South 70°44' 26" 'west 370.97 feet to the bsgi-;,ng of a. tangent curve cOn.CBVe northwesterly having a Yadius ' Of 18D0.OD feet'; thence ' (C91) so thwestexly along last said curve through a central angle of 28°D3!3l" as arc distance of 881.49 feet to the beginning.of a tangent comp Curve concave northeasterly having a, radius of 1100.00 feEt; thence (C52) rortbwesterly along last said curve through a central a491E .of 24°21'53" an. arc distance of 467.77 feed �hencE (L93) tangent to last said curve North 56°50'10" west 23,5.60feet;, ' thence -T^'\riOxRD .DOCS\I,SGF7:6\+"'K^SB?i5\8000 5sB3'^5\8582 i•DOC v 4.0 4 y EXHIBIT "2" Page 15 of 40 '(194) '^-1." West 1360.92 feet; thence . (i,95).North 00.°26'10" West 2472:24 feet; 'thence r ' (196) North 88034755" mast i264.7B feat; thence (L97) North 06012105" west 1518.70 ,feet to the beginning of ot tangent. curve concave easterly having a radius of 229.05 feet; .thence' (C98) northerly along last said curve. through a central angle ,.ef 02055'53" an arc distance of 11.72 feet; thence (199} tangent to last said curve North. 03°16'12 ".West.f , 1519.17 eet to, the beginning of a.tangent curve concave easterly having a rad>us Of .229.05 feet; thence. (CLOD) northerly along last said curve trough a central angle .of 21038138" an arc distance of 86.53 feet; then (L101) tangent to last said curve North 18°22126" East 277.38 feet; . thence (L102)* South 89°40112" West 1104.39 =_et; thence (T.1 03) South 89°40'05" West =48.62 feet (1104) -South 04025'10" East 116.00 -feet:�o the beg am. of. a-aageat :curve --concave easterly having z'°radlus-as-feet; thence (0105) southerly along last said curve through a central a_rgla of 15'50'15" an arc distance of 110.57 feet; thence (L106) non -tangent to last said curve South 65°54'19" West 123.42. Feet; thence (L107) South 24009452" East 8.42 feet; thence (1108) 'South 66'09'30.`: West 17.44) -set to the beginning of a.tangent curve concave southeasterly hav ng a radius of 380.•00 feet; t"±ence (C109) 6outhwesuesly .along .last' said 61 rve through a central angle of 14°30'52" an arc distance of 96.26 fee'C; thence ,(1110) non -tangent to last said curve .North 39006127'` West 48.45 feet;' thence . (1-111) North 47053150" West 34.57 feet; thence (L112) North 68055114" West 53.21 --feet; thence (L113) South 47'07115" West 31.65 fast; thence (1114) North 44006'22" West 102.12 feet; thence• (L115) North. 34°34`02" West 110.22 feet; .thence a:\AUD=N\L20RD DOCS\TUBGAZS\=;HITS\BODD cMr_-BXTS\8562.s,.`-.DOC %\ r EXHIBIT "2" Page 16 of 40 °. {5116)'souLh 09040'4271 west 76.51 feet; thence a. a..' `(?;119) South 370.03'27" wast 22.78 feet; thence • (jA18y North 51°26'59" west 137.52 =eat',', thence (1i1.g,).'North 84°02'39"'west 59.61 feet; thence ahi•).South 76°5�''le" west -245.10 feet, thence 20' (L121) South 00°06'34" East 519.60 fea-; thence (1122) South 89""27'20" West 275.50 Feet; thence (1123) South 0205VA311 west 81.39 feet; 'thence (1124)'North'67°57'22" Wast•30.00.Feet; thence ' (1125) South 54°45`37" West 29.25 feet; 'thence (1126) North 67°02'10" West 33194 feet; thence (1127) South 87'07'15" West 23.94 feet;. thence . 0128) South 57°56!51" west 31.34 feet; -thence (1129 -).South 31009'3lf' West 75.06 feet; thence (1130) North 760351560" west 118.81 feet; thenca (1.131) North 83°21'51" west 142.75 feet; (11327)-..S.ou1' th.8D8'03" Wiest 240.44 IeEL:'tnence iL133): Sout-.21''48'5,7" Was -L, 36.-69 fee'-_;': ^enca - - (1134) South 23=34121" East 171.00 feet; thence (1.135) South "-4°04'57" West 414.07 feet; thence (1136) South 89°39'57" West 126.55 feet to an angle point in said boundary. of ,the City of Santa Clarita. at t_•he s011" westerly corder, of ' Tract No. 46564-03 as shown+ on reap filed in Book 1227 pages 12 to 17 nclusive, of said.Maps; thence - (1137) Is mg said bounda-y of the CiCy of.5anta clarita and along the westerly line of said Tract No. 46564-0.3 North OD°20'03" west 628.59 feet to an angle point there�� at the west. quarter corner. of said Section 35; thence (12 . (1138) continuing along last said westerly line North 00'19`54" Weser 162.85. feet to the moist. northerly corner of Lot 4 of said Tract No.. 46564-03; thence (1139.) along the aostheastexi_y line o= said Lot 4 South 59°2.0''12" asst 136.25 feet to the most wasteily corner of Lot 5 of said Tract No. 46564-03 also being a point on the general westerly line of the land . %_\?�'+'st4,\t'7'O?YD DOG\LEGz+6\--�3:T5\6000,=3=T5\6562 ZM-DDC •�. s..e EXHIBIT "2" Page 17 of 40 described in deed recorded Novembe-r 307 2004 as instrument no. 04- h. 3•D85167 of. Official Records, in office.. of'sa_d County ,Recorder;, .the thence . .(?,140)..along said general west=erly line the following courses, ,north 22'17145" East :93.42 .feet; thence (L241). North 29°28'59" East 85.89 feet; thence (L142) North 53048"23" East 42.99 feet:; thence (Z34 3) North 22"30134" East 60.26 feet; thence (L144) North 25°05137" West 22.96 feet; thence (L1459 North 29°.04132" East 92.18 =set; thence (L146) North 38°33120" West 2,7.39 feet; thence (1,147) North 04059'09" West 34.35 feet; thence (L148) North 33'D9'17" East 41.53 feet; thence (L149) North 07°33'51" West 37.03 -feet; thence (1150) North 05'36`57" East 51.05 feet; thence (11,1516) 'North 36045155" West 14.43 feet; thence. (L152) North 22'09743" West 46:79 feet; thence .... (1:-53') >\°-tlt 4!'42f -5V- 10.52. -feet?- thence (1,154) North 27'51125" West 67.67 feet; thence (L155) ?north 48°48'01" west 22.84 feet; thence (L156) North 71°05`15„ West 35.76 feet; thence (1157) North 56'32'18" West 17.20 feet; thence (L158) North 02`55'06" West 9.54 feet; thence (1159) North '38°04'32" East 16.20 feet; thence (1160) .North 55017142" East 10.99 feet; thence (L161) South 89'52'52" East 3.1B feet;' hence (1,162) South 48001'40" East 31.06 feet; thence (L163) South 36001'.101' East 15.62 feet; thence (L164) South 70024'35" Fast 16.37 feet; thence (L165) North 68'56'51" East 9.01 feet; thence (1,166) South 84'48'15" East 4..74 feet; thence (L167) South 63'19'A1" East 7.04 feet; thence (L168) North'82'49'21" East 2.16 feet; thence (1,169) North 53'05'15" East 22.35 feet; thence • X_:\?�M�*\HOED �D:S\LSG1T,s\x8I5's\9000_Tsx^as\e562 EXE -Doc EXHIBIT " 2" Page 18 of 40 ;y Iz,170) 1Qortb 73°.48':47" East 7.33 feet; a.. 'tL271) soul} 82020'14" East 59.93 feet; thence (1,172) south-53.94V.091' East 14.97 feet;' thence (L173) South 82°22`•55';'East 44.61'feet; thence (1174) North 39.°0.7'45" East 67..32 feet; thence (1175) North. 73°26'23" west 20.S6 faet; thence (L176) North 27°42'58' west 30.91 feet; thence `(1,.177) North •63°193'6" west 27.03. feet; thence (L178) North 25°"5^28" west 73.43 =Set to .a pgir_t on the. southerly line of 1,ot 3 of Tract No. 46564-04 as shown on Map filed in Book 1248 .pages 16 to 23 ?n_clusive, of .said. Maps; thence ' (LI 19) leaving last, said general westerly line _ and along 'said southerly line cf lot 3 Norte"ic'16'3D" west 355.67 feet uo the. is westerly line of said Tract No. 455564-04; thence (1,180) along .last Said westerly line and the wasteriV lane Of _raC No. 4ri T.� .6564 as shown on filed in. Book- 5.251 Pages 50 to 87 :=c1us_v=t of Said .Maps North 00°19'n4".wes�-1759.79 _eE to th_ northwest corner I; -o= said Sec ion'35;, thence j (L181) along. the northerly line ore northwest quarter or said n � LD Lne nDr'cnw=tet-_ worn Section 35 Soil h.89°41'56" East 265= .06 SS_.0 . of the northeast quarter of said Sect. Or_ 351,-^-Snc� DrtL-Laast S011t3 182) along the' north rly line o-Said n (Li it 'Feet t0 the Porn-WBSt Corner of said Section $9°41 3D East 2653.97 36; thence ' (L183) along the no th line of ,the northwest quarter of .said Section 36 South 69044'51" East 2658.82, feet to the 'north quarter corner of said Section 36; .thence (1184) along-the,.nor-th line of the northeastq_uGrter of, said sac-ion 36 South 89°56'•18. East 2681.67 feet to the nor`uawest coiner of s?'d j Sectio-L, 31; thence i(74185) :along the west line of the northwest quarter of'. said Section 31 South 00'31`38" West feet to `he .northwesterly corner of I . GOvernetl2 LOt 2 in Said SeCti On :31; .='-enCE %:L3D3ts\Yt0.� DOCSUEG-T��S\Fa3_STTS\8000 �..+=3+�5\6582 MCC-DOC.\ j ) EXHIBIT (42" Page 19 of 40 (LI86) along the north line of said Lot 2 South 880.44 East 1228.99 'feet to the northeasterly corner ofsaid Lot 2; thence (L187) along the east line of said Lot 2 South 00035'21" West 1351.91 fast to the north line of the southwest quarter of. said Section 311 thence (L188) along last said. north line South 88°59'.30" East 1319.95 =set to ch='center off. said Section 31;.thence (L183) along tie east line o- last said .southwest quarter South 00035'13" Wast 136.37 feet to the sou'nwesterly corner o= P4.cel Map no, 15813. as shovm on map filed in Book 166 Pages 31 and 32r'of Parcel YE -65, in said office of the:County Recorder; thence ... (L190} along the south lie of last said parcel map and along the south line of Parcel Mar) No. 5827 as shown on map f_lad in- Book. 6^_ Page 17, of said ParcelMaps South 89°14'25" East 2000.71 flee -t to the . west line o= last said parcel map; rheIlce (L191} along last said west line South %DO°28`03" west 737.72 feat -to the south line o= last said parcel map; thence.N _..(11 -92)`a -long last ... said south -lime South 89'29'17" Bast 667.43' aet to the east line of said Section 31; thence (L193) along last said east line. south 00°25'38" West 600.00 feet to the Point of Beginning_ Containing 2472.88.acres, more or less. 5�r14�? X:\RD?aW\WORD BRaI'B1TS\2582 'S%S.DDC ';0 N0465211/.*' Of CIV EXHIBIT "2" Page 21 of 40 ... EXHIBIT «2„ SO i ----. .. F ANTNEKknON NO.2010-08 s= . R . TO THE CITY OF SANTA_ CLARITA (SOLED_�D COivLM02vS) That _Dort16r. of the north half of Section'1B, Township 4 Nortn, Range 14 West, San Bernardino Meridian in the .County of Los , Angeles, State of California described as follows:'. Beginning at the point of intersection of the westerly line of the northeast ou.arter of said Section 18 with the centerline of the _-itelope Valley Freeway (State Highway 1C), said point being on a curve concave southerly having a radius of 2000.0.0 feet, a radial line through said point bears South 07°.14143" West; thence {C1) northwesterly along. said centerline and along said curve through -a central angle .of 'OD°SD'16 an arc distance. of .29.24 feet; thence (L2) along said centerline and tangent to said -curve North 81055'01' West 554.69 feet to the begin-ging Or a tangent curve concave southerly having.a radius .of 2D.00.00 feet; thence (C3) westerly along last said curve• end along said centerline through a Central angle of 18°32'35" an arc distance of '64.7:27 =Set to an angle point in the boundary of the 'City of Santa . Clarita as the Sane existed or October 6, 2010; thence (L�) along said boundary Nor- ,... 03°23'40" West 348.41 feet; thence . _ _ . _ (L5) .'con' ming along" said boundary North. 27°56'30' mast 2D1.55 feet LO a point at tae beginning of a non=tangent curve concacS southwesterly having a radius of 1450. GG feet, a 'radial line through last said point bears North 10025'12" 'vest; thence " (C6) southeasterly _long said boundary and along last said curve. through a central angle of a7°34'39" an arc distance of 1204.06 feet to the. northerly boundary of said freeway; thence (L7) leaving said boundary of the City of Santa Clarita and along last said northerly boundary North 84°12152" West 32.34 feet to. the first above described westerly line of the northeast (quarter Of Section 18; thence ' (L8) along said westerly line South 07°26'53" East 329.96 feet to the point of begin. ing. Containing 13.21 acres, more or less. zwl thmn F: \AD*7_?v'14708D DOCS\LC-A'�5\BYW'3r^_5\800D 5.'4i_THi'PS\8550 SOLr'.DP.D CO3RifOAS R�PN-aL?'PIOCi.DOC: m no 'gi NlYo ul �$ Sp F NfV tm`I � RIiW 5 I m no 'gi NlYo ul �$ Sp F NfV tm`I EXHIBIT 462" Page 23 of 40 EXHIBIT 44211 l AdNNEEXATION N0. 2011-20 TO TEE C_I'IY OF SA TA CLARTIA "VISTA. C.LWON/FAIROAKS / JAKLS WAY Those portions of Sect ons 21, 22, 23, 26,.27, 28, 34, and 35 in Township 4 North, Range 15 West, San Berardino Xeridian together with a porion of Section 2 in Township 3 North, Range 15 Guest,' San Bern_a=d—o Meridian, all in the County Of Los znaeles, State of. California described as a whole as follows: Beginning at the southeast corner of said Section 28 being a point on the boLnddry of the City of Santa Clarita as the Same existed on 'ilanuary 31, 2011; thence along said City Boundary tb.e follaving Courses and- clt'-Ves: (Ll) South 89°04133" roles`: 2634.89 feet; thence (L2) North 00014'39" West 2570.31 feet; thence (La) South 88008759" East 25.80 _eet;thence .(L4)'Xort'ri'46°27'4'0'East'392.66"feat; thence (115) North 03035'19" East 272.19 feet; thence (L•6) North 39038'15" vuest 503.81 =eat; the IL7) North 60007'95" West 232.07 feet; thence' (L8) North 71°19'50" West 102.46 feet; thence (L9) North 56°13123",West 231.31 feet; thence (L10) North 76°56'x0" West 542.10 feet; thence. (111) North 68°16154" West 116.05 feet; thence P. (L12) North 89006127" East 1117.06 feet; thence (L13) North 00°10'33" West 1316.51 feet; thence (L14) South 85°56'51" hest 454.85 feet •to the centerline of Sierra Highway as shown on man of Tract No.. 43510 filed in book 1078 pages 93'to . 99, inclusive pf Maps, in the office of the Conty Recorder of said county; thence ae . X:\ADM. MVOADDDCs\Lr'.C7us\EX_28?TS\BODD EM?BI2s\8561 EXE.DDC .. ...._. ... _... r .. EXHMIT'•2„ Page 24 of 40 e. tee' pi 5) along said centerline. worth 40°D3'07" East '284-7D feet toe y beginning o= a tangent .curve concave northwesuerly hating a radius of o 3500..00 feat; thence. (C16) continuing northeasterly along said cdnterline _and .said curve. through a. central angle of 11025102" an arc distance -Of 697:44 met -O the. deg ening of a tangent Co-,Tpund curve 'Concave r_orthwester' _ having. a radius of 2750.00 feet; �aence (C17) continuing northeasterly along said cense=line and lastsa=d.curve. =hrpugh a central angle of 01'01!09". an arc distance of 48.92 -eet,. thence i. (L18) leaving said centerline and nor -tangent no last s=='d.curse South ;I .. 66038144" Basm 202.87 feet; thence -'n D7°37'56" East 129.91 net; thence (L19) NO_� _ ° , ' 161.3 feet t0 a point O'I said nen Cert ne Or (120) 13or h 66.38 44' tiest Sierra Sighway on said curve concave noxt.6Westerly having a raCtit:S O. . 2750.00 •.eet, a xadiel line through said point bears North 64`59'3.8" i Wes -6: `hence __.. .,. _... _ ,,=nt�rlire.. and IASL. S??.d curve i_r+�.`.'Dugh _. (C21)..northe s:L=rly..along 's=' d. --- _ central angle Of 04°36'32" an arc di s _*LA nCe' Of 221-21 -pet= thence (y22) confining a1 o.g said center i ; ne and tangent to last said cine ldorth 20°23150" East 231.44 feet; thence � "East 2270.20 feet; thence. 1: (L23) leaving said centerline Borth 89° 6' 02 (124) ND h 00007'40" west 557.93 feYt to a. Point at the beginsg of a non -tangent curve concave "northerly leaving, a radius of 9700.00 teen, a radial line through last said point bears North 03°41'25' jh7p-ot; thence {C25) easterly along last said curve through.a central angle of 05°23'37". an arc distance of 913.12 feet; thence i (126) non 'gent to last said curve South 89°59'09" East. 802.71 feet to i a pole .oa the centerline the Antelope valle3 Freeway (State Highway of 14) on a• curve concave southeasterly having a radius Of 3000.00 •feet, a radial line through last said point bears South, 55°53'.44" East; thence I i X: \AD1+=ID1\WORD DOCS\LEGflSS\Z3?Tn\8000 31[S2BZTS\8551 3M9. DOC 9 � i i 7. EXHIBIT "2" Page 25 of 40 (C27) northeasterly along last said centerline and last said curve t?rrough a cettral ar_gle of 26°46'51" an arc distance of .1402.28 feet; r. thence (L28)''continuing along last said centerline and tangent to last said curve North 60053107" East 4430.00 feet; thence fL29) leaving last said centerline South 00°30136" Wes: 1241.76 feet to a point at the beginning of z npn-tangent curve concave northerly hz.—•ing a radius of 1200.00 feet, a radial line through last said point bears North 02°06'19" West; thence (C30) -westerly along last 'said curve through a central angle o_ Da°53116' an arc distance of 186.16 feet; thence (131) non -tangent, to last said curve South 02'48'BD" East 800.41 feat; tI'1en Ce , {y.32) South 57' 8.40" East 204.70 feet to a point at the .bed rniny of a non -ta_n6ent curve concave sou-reaste_ly having a radius of 2914.83 _eetr a radial line through last said point bsass South 23°12'26"'East; thence (C33) southwesterly along last said curve through a central angle cf OD.'.LL, '.=9"..an .ar.c.d s=ae .of. 38,_DA...feet; . thence (L34) non -tangent to last said curve South 00°30'36" Weser 274,4.4 feet, _}her Ce (L35) ?north 89047'00" East 1713.73 feet; thence (L36) South 23°D8'22" West 631.01 feet; thence (L37) South 89042'25" West 158,00 feet; thence (138) South 00°35'25" West 983.76 feet; thence (139) North 89°42'51" East 1D9.14 feet to a point at the beginning of a non -tangent curve concave northeasterly having a radius of 1820.00 feet, a radial line through last said Point bears North 82'33'D6" East,, thence (C40) southeasterly along last said curve throllg'h 'acentral angle of. 11046159"'an arc distance of 374.29 feet; thence (L41) tangent to last said curve South 19013'53" East 120,44 feet; thence (L42) 'North 89°38130" East 110.D5 feet; thence (L43) South 0035'25' West 182.50 feet; thence r ' (L44) South 89°38'30" West 350.00 feet; thence. x-\ADLN\SCoZD DOCS\L86Pi8\EXffiSImS\8000 3X-311:9\8551 MR.DOC EXHIBIT "2" Page 26 of 40 4"d (L45j South 00°35125' west 402.50 feet; thence (g6)Soutn 00°01'27" West 5260.30 feet .thence,. c (.L47) South. 06°36'02" East'.5029.37 feet:,thence ' (L48) North 'BB°53'50" East 1514.44 feet to a point of intersection W. the ceatErline of Placerita Cznyon Road as shown_on_ County SnryeVOr's map No. 3-2283 sheet 2 (CSB 2283-2) or. file in-the office o_. the Director ?�iC Works o£ said colLty, said 'point being �at the point .Of CllSA'a r :t`ce easterly te_TIt=nus of a tangent curye. concave southeasterly h3v_ng. a radius of 500.00 feet; thence (C45) southwesterly along last said centerline and along last said curve an aarcC the follo ng 5 courses, through a central angle o_ 36° 17 r40". . distance. of 316:73 fee:; thence " West 101. 75 fee. t0 Lh= (150) tangent t0 last Said curve South 52°G_2f 0 ngi•nn_rygO£ a t g2nt ci'rve concave 'northIvIesterly havi=d a -&dills or. , .. 800.00 feet;.-�hence io _ 0- (C5l) southwesterly along last Said Carus, through a central ang_ ... 16°03'00" z_n arc d_stance of 22=.10 feet; thence h 68°45'10" iwest 1fi5.73 feet to the __....(L521- tangent to . 1 2S.t. Said Cur' 7e . Soul-.. .. baginn;ng of tangent curve concave southeaster-1v having Z radiLS OS 1000.00 feet; thence _ (C53) southwesterly -along last said curve tarough a central angle o_ 17°4+9'10" an arc distance o£ 311.01 feet; ``hence (L5a•) tangent to last said =ve South 50°56' 00" Wiest 684.39 feet to a nt on the easterly boundary of Parcel Map No. 7096. as shown on ma poip filed in Book. 108 pages 33 and 34 inclusive, of 'Parcel Maps, 'in said' office o£ the county Recorder;. thence (L55) along last said easterly boundary South 00°36127" wast 219.-37 feet to the southerlv,bou^dary of said Parcel Map No. 7096;..thence (L56) along last, said southerly boundary Nord} 89'30'04" est 657.02 feet' to the point of intersection with the westerly line, of the east half Of the southeast cruarter o= the northwest quarter of 'said Section 2. G's . described in ,document recorded July 12, 2007 as istr,'ument no. L'•70C DOCS\!BCP?.'S\w a=S\8DDD :;YF ..IM �y 20071654941 of Official Records,'in said office of the Cou^ty Recorder; thence (1657) along last s=id Westerly line ooilth 00028155" Wast 318.70 feet to the point of intersection with said centerline of Placeritz Canyon_ Road, being a point on a curve concave northwesterly having a radi'es.O= 1500.00 feet, a radial line through last said point bears North 32°21'3-4" west; thence (C56) southwesterly along last said centerline and along last said curve through a central angle' of 27011'33" an arc distance of 711.90 feet to the point of intersectior_ with the westerly line of the land described in document recorded June 07, 2.OD6 as instrument no. 06-1253116 .of. .said Official Records; thence (L59) along last said westerly line gouth 00°21'14" west 774.87 Peet to the north line of the southwest quarter ,of said section_ 2; thence. . (L60) along last said north line South B9°13'10" Ras 1328.21 Peet to he n0.t-east corn 0= ti18 SOUthweSt quarta`O'i said Section 2; th== Ce (166 1) along the east line of last said soLthWSSt: quarter South 0.0036'27". . west_1&47.9B..feet- to the.nor`heasteriy corner. of the southeast T4arter Of -rhe southwest d+iarter of said Section 2i thence - (162) along the southerly line of parcel B .as described in document recorded August 25, 2D04 -as instrument 110. 04-2190843, of 'said Official Records, North 69°16'42" west 1338.38 feet to the easterly lse of parcel C as described in said document recorded August 25, 2004; thence (1663) along last said easterly line South 01°02'22" west 1349.36 Peet to the southerly line of the soutnwesc Quarter of said Section 2; thence (1,64) along last said southerly line North 89°20'_0" West 1348.56 feat to the 'southwest corner of said Section 2; thence (L65) along the westerly line Of the southwest quarter of said Section 2 .: North 01°28'15" East 2701.64 feet to the west quarter corner of said% Section 2 being an angle' point ori the boundary of tie City of Santa Clarita as'the same existed on -January 31,.2011; thence . (266) along said City Boundary the following 8 courses, North 00005'30" East 2362.51 feet; thence a9'. Xr\AD?+inF\+WORD DDOS\i+^WLS\3MB1TS\8000 LX=B3:TS\8561 3S -ADC EXHIBIT "2" Page 27 of 40 �y 20071654941 of Official Records,'in said office of the Cou^ty Recorder; thence (1657) along last s=id Westerly line ooilth 00028155" Wast 318.70 feet to the point of intersection with said centerline of Placeritz Canyon_ Road, being a point on a curve concave northwesterly having a radi'es.O= 1500.00 feet, a radial line through last said point bears North 32°21'3-4" west; thence (C56) southwesterly along last said centerline and along last said curve through a central angle' of 27011'33" an arc distance of 711.90 feet to the point of intersectior_ with the westerly line of the land described in document recorded June 07, 2.OD6 as instrument no. 06-1253116 .of. .said Official Records; thence (L59) along last said westerly line gouth 00°21'14" west 774.87 Peet to the north line of the southwest quarter ,of said section_ 2; thence. . (L60) along last said north line South B9°13'10" Ras 1328.21 Peet to he n0.t-east corn 0= ti18 SOUthweSt quarta`O'i said Section 2; th== Ce (166 1) along the east line of last said soLthWSSt: quarter South 0.0036'27". . west_1&47.9B..feet- to the.nor`heasteriy corner. of the southeast T4arter Of -rhe southwest d+iarter of said Section 2i thence - (162) along the southerly line of parcel B .as described in document recorded August 25, 2D04 -as instrument 110. 04-2190843, of 'said Official Records, North 69°16'42" west 1338.38 feet to the easterly lse of parcel C as described in said document recorded August 25, 2004; thence (1663) along last said easterly line South 01°02'22" west 1349.36 Peet to the southerly line of the soutnwesc Quarter of said Section 2; thence (1,64) along last said southerly line North 89°20'_0" West 1348.56 feat to the 'southwest corner of said Section 2; thence (L65) along the westerly line Of the southwest quarter of said Section 2 .: North 01°28'15" East 2701.64 feet to the west quarter corner of said% Section 2 being an angle' point ori the boundary of tie City of Santa Clarita as'the same existed on -January 31,.2011; thence . (266) along said City Boundary the following 8 courses, North 00005'30" East 2362.51 feet; thence a9'. Xr\AD?+inF\+WORD DDOS\i+^WLS\3MB1TS\8000 LX=B3:TS\8561 3S -ADC EXHIBIT "2" Page 28 of 40 (267) Nar1x O5°5'27" Wes 1399.69 '_eet;_ th�zce ;1 ($,66') North 69053119" East 1333.12 feet; thence (L69) North 06019120" West'-i239..98feet`ence jL70) North'o6.°19'06" West 1240.26. feet; thence (L71) Sou` 89097'09" west 2632.•95 feet; thence (L72)'North.05°32'23" West 1231.99 .feet; thence (L73) Sonth 89036'56" West 3921.73 feet to the. Point i Containing'2937.24 acres, more or less. X:\AAD--hE-i N\VORD DOCSY!OCPMS\F '3T-TS\8000 MM:CB=m5\6561 M;DOC r ~M c �� II 4 U m mils a o as"aa a if IE H 0,6 s a = e a"€ sad a = ;9 I; a Is "a i 0029 R R RRR£ R RR RR RR RR R R £R SRe € R r £ R �?a$$ gKOM egea;mTvn gg$R $$Pa a2$ gad §a1 s`,ae11 ae1 €2§9 a a7p ea$ 6$ eE "se �e "s,e 's.e Bass i€&$ 68 B S$ 888 n lass 8 k�'=3 $BSt $$$ 684 aS 4 9 4 9! 3 aAA�$ 42a4 928 4 4 ?aS 4S 15 S'^•� ?�^9 :NSF g 55FS -S `- « S r S �^ «n �n war«n �"" nrs Na aW aN..N ,. «««N ««P. N N ..N« SNOW n «««S "N �S««S n ^ .. -- x _ EXHIBIT "T' n"a Page 29 of 40 "a s $ e a e 0 aez«"s« 2 s ae a = meas '06'0 =;x2 ,g Smm aa °a"seg a 005 0 sR R R R ° o R R R RRRR o_«« Roo 'o R 0o o R £RR26 0 6. ROD o 00 RRr.-R R£ R. 's a g s q §as$ $1484nm? 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HM .4 ..4.' 44 4.°ai4�pa p�6 pec c',e�c C6 aM a� ««$n« « «rys««as:. ria .. ,. n a `ass?i««««««r M HER .�Ump"«n«««`a^'««««'W3«.NOW se «« A nn rN mils a o as"aa a if IE H 0,6 s a = e a"€ sad a = ;9 I; a Is "a i 0029 R R RRR£ R RR RR RR RR R R £R SRe € R r £ R �?a$$ gKOM egea;mTvn gg$R $$Pa a2$ gad §a1 s`,ae11 ae1 €2§9 a a7p ea$ 6$ eE "se �e "s,e 's.e Bass i€&$ 68 B S$ 888 n lass 8 k�'=3 $BSt $$$ 684 aS 4 9 4 9! 3 aAA�$ 42a4 928 4 4 ?aS 4S 15 S'^•� ?�^9 :NSF g 55FS -S `- « S r S �^ «n �n war«n �"" nrs Na aW aN..N ,. «««N ««P. N N ..N« SNOW n «««S "N �S««S n ^ .. x n"a "a s $ e a e 0 aez«"s« 2 s ae a = meas '06'0 =;x2 ,g Smm aa °a"seg a 005 0 sR R R R ° o R R R RRRR o_«« Roo 'o R 0o o R £RR26 0 6. ROD o 00 RRr.-R R£ R. 's a g s q §as$ $1484nm? E" n ossa 'ss s".s s s"sao 8 o"s d" 'so 149"s"B m a if$$; 8 e4 qss"g == 4$ �v$$s S 2$e§a S3$F"S,�$a$ S$? $ $3 S$ $ S ae�A B Ss eq v I4$$3 I 96$ $ a9 «« « « «««««'H «««« $ « ««««==��««««E« 'a$' « «« « « HIE «« «« « «=Ns« ««« « AN WERE cp Rap RPR 9 R n Ne R° ° 608 q pAm o$ 8 N 'RRQ a o .'RPR $y £R p �miZ en8 $2944.4462 'aoKR gX g 'q p g - 2ad2a�6' 'conA 4ev4� m�e 4mmmC�CmccvAr4j $'me gg �86 620 6 a sse 6`966`9 "2 s`"s`sm`s`a MESS a a"aa" """a^ 3 '" """•satic$ea ao `a,a- ossa .8 4. $ $ 9 G G 9 X44'°°.P. HM .4 ..4.' 44 4.°ai4�pa p�6 pec c',e�c C6 aM a� ««$n« « «rys««as:. ria .. ,. n a `ass?i««««««r M HER .�Ump"«n«««`a^'««««'W3«.NOW se «« A nn rN f` EXHIBIT "25 x LEGAL, DESCRIPTION ANNEXATION NO. 2011-26 TO TBE CITY OF S_LNTA CL_A2JTA "SOTTTIi SANI1 CANYON" Parcel 1: EXHIBIT "2" `I Page 30 of 40 "Whose portions of Sections 1, '2-, 11 and 12 in r'ow:ship 3 North, Range 15' west, San. Semardino Ne -id_an in L: v- County of los Ange'_es.,-State of California described,.as follows: - Beg?naing'at-the=rater of said Section 12, =hence (LT)""`along. the southerlyline of the northwest quarter of said Section 12 South 880551/4' WesL 1162.49 feet Lne westerly line •to of parcel 1 as descr_oed in document recorded Agri1 28, 1994 as instrument no. 94-818523 of Official Records,. in the officeo-i -Lh e. County Recorder of said county; thence (12) along said westerly line North 00°14128" west 2659.52 feet to the southwesterly corner of. tnedsoutheast quarter -of the southwest ' - (13 along the westerly line of parcel 11 as descr_bed an- docunent. ' recorded .April 22, 2005 as •instrument no. 65-0943244 of said -- Official' Records,- North 00°19`41'. East 1372.20 feet — - northwesterly corner 'of said southeast quarter of the.soutnwest ' quarter; thence (,4) along the southerly line of parcel 1 as -described in document ' recorded April 22, 2005. as, instrument no. 05-0943244 of said X_\P_D3+3&\W0RD D0CS\1SCS-w^\EXa:B_,S\8000 3X=M\8$62 Dm. DOC f` EXHIBIT "25 x LEGAL, DESCRIPTION ANNEXATION NO. 2011-26 TO TBE CITY OF S_LNTA CL_A2JTA "SOTTTIi SANI1 CANYON" Parcel 1: EXHIBIT "2" `I Page 30 of 40 �.9 "Whose portions of Sections 1, '2-, 11 and 12 in r'ow:ship 3 North, Range 15' west, San. Semardino Ne -id_an in L: v- County of los Ange'_es.,-State of California described,.as follows: - Beg?naing'at-the=rater of said Section 12, =hence (LT)""`along. the southerlyline of the northwest quarter of said Section 12 South 880551/4' WesL 1162.49 feet Lne westerly line •to of parcel 1 as descr_oed in document recorded Agri1 28, 1994 as instrument no. 94-818523 of Official Records,. in the officeo-i -Lh e. County Recorder of said county; thence (12) along said westerly line North 00°14128" west 2659.52 feet to the southwesterly corner of. tnedsoutheast quarter -of the southwest ' quarter of sal'd section 1; thence (13 along the westerly line of parcel 11 as descr_bed an- docunent. ' recorded .April 22, 2005 as •instrument no. 65-0943244 of said Official' Records,- North 00°19`41'. East 1372.20 feet to the . northwesterly corner 'of said southeast quarter of the.soutnwest ' quarter; thence (,4) along the southerly line of parcel 1 as -described in document ' recorded April 22, 2005. as, instrument no. 05-0943244 of said X_\P_D3+3&\W0RD D0CS\1SCS-w^\EXa:B_,S\8000 3X=M\8$62 Dm. DOC �.9 III' EXHIBIT "2" Page 31 of 40 113.6.9. feet to the, a. '' �.3=ficial Records, South 89 06 32 8 Section 2 easterly line or the southeast quarrer.of seal ;, �nence.' (L5) .along last said easterly line South 00°23'15" Vest 1345.26 i•' - ! feet to the southeasterly corner or .said Section 2; thence (Z6) along .the 'southerly line' ofI. the south=ast,' quarter of .sand Section 2 North 89°20''10" West 674.28 feet to 'the ersterly. line c£ parcel,5 as described in said dOCLmPnL recorded April 22, 2005; thence ' (17) along last said easterly line South 00°17`18'" west 1346. D9 feet to he soat-r_er1Y lire of sa=d p=. cel 5.;. thence {Z8) along last,sai'd southerly line North $9024'.23" ingest 7348:60, e '-North t0 t_h2 westerly, '� line OofSa_d parcel 5 i thence . iii Ortt_ ao°11'26" East 1387:75. (i,9) along last Bald L4esteily t quSaid.. feet to the S011tnerly line pf the. sou theaB.arter 'O Section 2; thence Souther] line South 89°20'1.0" East 337.14 (5 1D} 'along last said gout>- _ L _ ........_..._. _ ,_d -..._-parcel a as described - s- ri feet to the westerly, line or doCUMent recorded April' 22r.2005; thence ( 11} along 'last Said Westerly line ?North 00°31`30" 46.96 Fast 13 feet to the southerly line of parcel "1 4s­ described in documer_t recorded December 2, 2D02 as inst-ament no. 02-2914078' said Ot. official Records; thence {L12')' along last said southerly line North 89°16'41" West 1009..49. feet to the 'westerly line of the aorzr_w vest uarter of she southeast quarter Of said Section 2; thence' (L13) along last said westerly 1.ine North 00°35`27" East 1347.98 feet to, the northeast corner of the southwest quarter oT Said $ection 2; thence.... (L•14)' along the 'northerly lire of said southwest, .quarter o Section 2 North 89°13'10" Wesr 1328.21. feet, to the wester'_y line x°\AD ri\woaD mss\ rwsU xaTms\egos Y D'n?TS\8562 E%'s.Do. the. land described in document recorded: June . 07, 2 DO6 as'- 2nstrument no. 06-1253118 of said O; -,ficial Records;thence'• (1115) along last said westerly line and its northerly proiongation North •00'°21`18' East 774.87 deet to a poisit on the csnterli e of Placerita Canyon Road being a point on a' curve concave northwesterly having a radius of 1500.00 feet, a radial - .line through last said point..bears North 05"10'61' West;. thence (C16), northeasterly along said cu_we and said centerline through a central angle of 27°11' 33" an arc distance of 711.90 feet to a point on the. wssterl_u "line o the eas_• half of the 'southeast quarter of the northwest qua mei- of Said Section 2 as described in doci meat recorded July 12, 2007 as _Jnstrumert no. 20071654941 Of said-0__icia1--Records; thence .{L17) along last said westerly lire.,North 00028'55.' East 316.70 feet to a point on the scutherly boundary of Parcel 'Map No. 7D96 as shown on map filed in Book 108- cages 33 and 34 cf Farrel Maus, .. .___._.. in -said office of the ,County Recorder; thence -, (L18) along last said sou''_herly "boundary South 89°30'011" East 667,02 feet to the easterly boundary of. said Parcel Map No. 7096; thence (1119) along last said easterly bounda_y North 00°36127" Z,ast 219.37 Peet to a point on said centerline.af Placerita Canyon 'Road; thence u . (L20) along last said centerline the following seven courses, North 50°56'00 East 685.39 feet to the to the beginning of a tangent 'curve Qoncave southeasterly having a'radius of 1600.00 feet; thence (C21) northeasterly along last said curve through .a. central angle of 17049'10" an -arc distance of 311.01 zest; thence X:\AM=\H'ORD DOCMEG21S\'n7Ca_1SVODB EM=ZTS\8562 EKE.= 1 , • a ff �( :I EXHIBIT 'T„ Page 32 of 40 the. land described in document recorded: June . 07, 2 DO6 as'- 2nstrument no. 06-1253118 of said O; -,ficial Records;thence'• (1115) along last said westerly line and its northerly proiongation North •00'°21`18' East 774.87 deet to a poisit on the csnterli e of Placerita Canyon Road being a point on a' curve concave northwesterly having a radius of 1500.00 feet, a radial - .line through last said point..bears North 05"10'61' West;. thence (C16), northeasterly along said cu_we and said centerline through a central angle of 27°11' 33" an arc distance of 711.90 feet to a point on the. wssterl_u "line o the eas_• half of the 'southeast quarter of the northwest qua mei- of Said Section 2 as described in doci meat recorded July 12, 2007 as _Jnstrumert no. 20071654941 Of said-0__icia1--Records; thence .{L17) along last said westerly lire.,North 00028'55.' East 316.70 feet to a point on the scutherly boundary of Parcel 'Map No. 7D96 as shown on map filed in Book 108- cages 33 and 34 cf Farrel Maus, .. .___._.. in -said office of the ,County Recorder; thence -, (L18) along last said sou''_herly "boundary South 89°30'011" East 667,02 feet to the easterly boundary of. said Parcel Map No. 7096; thence (1119) along last said easterly bounda_y North 00°36127" Z,ast 219.37 Peet to a point on said centerline.af Placerita Canyon 'Road; thence u . (L20) along last said centerline the following seven courses, North 50°56'00 East 685.39 feet to the to the beginning of a tangent 'curve Qoncave southeasterly having a'radius of 1600.00 feet; thence (C21) northeasterly along last said curve through .a. central angle of 17049'10" an -arc distance of 311.01 zest; thence X:\AM=\H'ORD DOCMEG21S\'n7Ca_1SVODB EM=ZTS\8562 EKE.= 1 , • a (C25) northeaster .y along last said .curve through a central' angle Of ' 3.6°:7' 40" an. zrc dish -tan ce of 316.73 feet' to a point on `the . bouadarl- c_ the rl LY'. of Santa Clar_La as 'the'Sa?'0,e existed k'ebruary 14, 2011; thdnce (L26) Continuing along said Centerline and said boundary. and tangent to last saiK Cul e North' &8°59,' 50" East 1072_ ^_7 -feet to 'pan said boundary on the centerline or Sana Ca Yon angle point in (L27) along said boundary and said centerl�e of Sand -Canyon Road ° d the 10 ,owing l3 co'�rses and coves, So?+t'n_ 11 OS OS est 73.95 ngent curve concave northeasterly -feet to the beginning of a ta having a radius of 300.00 feet; thence (C28). southeasterly along last said curve through a central' angle Of 78°45140"'an arc distance of -412.39. feet; thence d (L29) tangent to last said. curve *South' 890.5^_'45J1 East 166._0 feet to the beginning Of a tangent curve concave northerly.'having a radius of' 1000.0.0 feet; thence (C30) easterly along last said curve through a Central angle of 25044150" an arc distance of 449.37 feet; thence (L31) tangent to last. said curve North 64'X125" East 213.03 feet.. 1 Lo the .9 g Of.a tangent curve concave northwesterly having a radius: o= 200.00 -feet; thence X:%RD 4NVI0?S1 pOCS �L:CaSSU'.r-T�'T-?5 6000 3Y'?3ITS�6562 '•DOC '� p ' •4 w - ! EXHIBIT " 2" i Page 33 of 40 :�L22) ta_ngen'r to last said cu-rve North 68045710" East 165.73 feet ) to the beginning ofa tangent curve:.concave nosLhwestexly having a radius of 800.00 feet; thence (C23) .northeasterly along last said curve.t_nrough. a central angle o1 arc distance of 224.10 feet; thence ='1"n°03100". an (L24) tangent to last said curve 'North 52°42'10" East 101.75 -feet . to beginning of a tangent curve concave southeasterly- having 'a. .the radius of 50'0.00 feet; thence (C25) northeaster .y along last said .curve through a central' angle Of ' 3.6°:7' 40" an. zrc dish -tan ce of 316.73 feet' to a point on `the . bouadarl- c_ the rl LY'. of Santa Clar_La as 'the'Sa?'0,e existed k'ebruary 14, 2011; thdnce (L26) Continuing along said Centerline and said boundary. and tangent to last saiK Cul e North' &8°59,' 50" East 1072_ ^_7 -feet to 'pan said boundary on the centerline or Sana Ca Yon angle point in (L27) along said boundary and said centerl�e of Sand -Canyon Road ° d the 10 ,owing l3 co'�rses and coves, So?+t'n_ 11 OS OS est 73.95 ngent curve concave northeasterly -feet to the beginning of a ta having a radius of 300.00 feet; thence (C28). southeasterly along last said curve through a central' angle Of 78°45140"'an arc distance of -412.39. feet; thence d (L29) tangent to last said. curve *South' 890.5^_'45J1 East 166._0 feet to the beginning Of a tangent curve concave northerly.'having a radius of' 1000.0.0 feet; thence (C30) easterly along last said curve through a Central angle of 25044150" an arc distance of 449.37 feet; thence (L31) tangent to last. said curve North 64'X125" East 213.03 feet.. 1 Lo the .9 g Of.a tangent curve concave northwesterly having a radius: o= 200.00 -feet; thence X:%RD 4NVI0?S1 pOCS �L:CaSSU'.r-T�'T-?5 6000 3Y'?3ITS�6562 '•DOC '� p ' •4 w :.. EXHIBIT "2" Page 34 of 40 ;i(G32) northeasterly along last said curve through a central angle po of 31`14110" an arc .distance of 109:503 feet; thence. :'(L33)I tangent to last said curve North'33005115" East 95.70 feet to the beginning of a tangent curve concavz, southeasterly having a radius o2 200.00 feed; thence (C3a) northeasterly along last said centerline and list said curve through -a central angle of 42°50'20" an arc distance o= 149.54 feet; thence (L35) tangent to last said curve North 75°5.6135" Eases 670.82 -feet to the beginning of a tan_gert curve concave southerly'having a radius of 300.00 feet; thence I �.ae__5, 3long last Said CLVe 't=ough (C3 estra central, n le 'Of 33°20'30" an arc distance of 174.58 feet, thence. (L37) tangent to last said'eu_rII South 70042'531 East 108.17 feet to the easterly line of the west half of said Section 1; thence ......-{�.:5 ). .....lsaTiing said City Boundary and .along last said easterly line South 00016115" West 5075.48. feet to the south drua_rter.corner of said Section i; thence 4(L39) along the easterly line of the northwest C.Iuarter of said " Section 12 South 00°46156" East 2628.75 feet to the point'. of Beginning. Contairing 634.47 acres, more or less. PARCEL 2: N Lots 3 and 4 in Section 36, Township 4 North, Range 15 west, San Bernardino Meridian in the County of Los Angeles;'.; State of California according the official tnlat thereof 'on file in the . Goverment Land Office described as a whole as follows:. X:\AD^_P\47010 DOCS\="U-ILS E R?RITs\9000 '1TI3_'_^E\9562 Ei�.noc `� 0 � •r EXHIBIT 462" Page 35 of 40 °` Beginning at the aoutheast corner o: skid Sectior_'36; thencE ' I (L1) . zlong the. southerly line o= said Section .36 South. 87 ° 09' 10" West 2267, 9.6 =eeti to the wes eSrly line .oi said Lo .. r thence- . . L2) :along said westerly line North 03°26`48" West '-7°"=.26..eet to the north line of said lot 3; tbance (L3)' along 'the northerly lines Cf said Lots. 3 and vo th S9°�?8''S2" East' 235A.47 feet to the easterly 'line. of said.Sec�ioL 36; thence .. 03_ feet �o t5,4)g) along said easterly i-ne-South 00°5526" West 1 -l0 the'Point of Beginning. parcel 2 containing 57.68 acresr lC 2 Or _ess- . rCa a '1 and.2 cont 692..15 acres. IilOrB. Cr legs, in the"T_'r .... aggregate.,: . $-\ADbr,Q\WORD DOCS\LEMLB\ ?�T-T6\B000 z..6 E:BTT8\8562 EXc•DOC P ' L> yw EXHIBIT "211 Page 36 of 40 :J tl p 5 4 > S O < U (Z r_ eiNnv N.N Cp oamN gOe'I CIn oh meinP • 2n �' z L Z �' ODOO OODoo000o000nj0 99 C?N400 CO? O9,00a Q pj ' '� j� Hii ASW NH`N],NnNtSNN'NyNNHNrn'� `M.o1n TC N Nw'Nmm Tmmmm� L` % F �' 000e gvaco gvoo o,"ggq�o o �"� �e vvvv000 0gqgc? 2WOO ao my vv v'« vvcm vv �vvc'av�e cWOO �'aS� — Y"O p Da NNN NNNNNNN NNNN NNN N NNNN NN NNNNNNNN NNNNN a m —LL" %U'N z ly— N O gim q SC m j 0 I EXHIBIT "T5 Page 37 of 40 EXHIBIT 442" _ LEG_FSL.fI.Gl17Li.Et'1C ION ANN=/A 140.20.11-71; TO TIM CITY OF S_iNI'A CLARITA "NOR��'D-ROBiriSON R%iNCI3" Those portions of Section 13 and o' Che nortnaast' ouarter 02 Section 24, all in Township g North, Range 15 Wsstr•San Bernardino Heridian. in the County of Los Angeles, State -of Cali orn. a described as follows: Beginning at the r_orths=st co=ne,= of Said Section 24; thence (Id). along 'the.easterly line o_ the an ax, a=e*• tof said Secticn 24 South W23r25rr' West 2649.07 feet to the southeasterly corner of the northeast .%_`_sive= of said Section 241. said corn$_r being af& avffgle poi's'e i the boundary of the City gf Santa Clarita as the SaMS SXisted On February thence - ..._......_.. --i �r _n f 7, -ria 1r -i �+. a —h City Bou�_d__y �__e-'_C__Ov._—g CCL:_s.-s and ..LrT._S� S011i_ 89053`52,` West 1318.81 -feet; thence (L3) North 00016'28" Zast.2340.95 feet; thel?ce (14) South 70°26,05', West 660.20 feet; thence (15) North 19°33'55,'. West 367.72 feet to a point on a curve concave. noxthwester�y having a radius of 1522.47 feet, a raca.al line through said Point bears North 33'17,02" West; thence (C6) n_or.:heasterly along said curve through a centrGl angle of -100-18151" an arc distance of 274.07 feet; thence (17) non -tangent to said curve South 890491•-121= West 346.96,feet; thence (L8)North 49022r39rr East 262.45 feet; thence (1:9) North OV.17103" East. 377.03 feet to a 'ooint on a curve, concave northerly having a radius of 2469.00 Meet, z"radial line" through .last said point bears North 14015151,' West; thence (C10)- westerly along last said curve through a central angle of 16020'.51" an arc distanns of 704.45 feet; thence K:\?r5I1S\470.7 DOo6�C3i+5\slC22cI=S\6000 �IST_TS\8563 'a`.L•a.DOC ', • ^tea w i i EXHIBIT 6'2" Page 38 of 40 ' r "'west 1058.86 =est to tie g (11) tangent to last. said curse North 87 55 00 r 1000.00 1 aV1ng .3 =Zd =IlS D_ ' concave norther _y h, be#rming. Of.a tangent curve eat;.thznce angle o- O8°•22'03" (C12) westerly along last said curcre through' a central ng Zn arc: distance. "of 156.04 .regi_ to the beginning of a tangent reverse . ClL,'Ge concave sour^-ariti havI-ig a radius of 1000. OD feet, thence . i wzs �erly a ang last Snld C Y'v.o rou5 a Cen rat �ny1e O''1D°J�r z9" (C_3) . an arc distance o='190.96 test; thence .. dr, west 1232.56 feet; ((T=4)tangent to last said aurae South 89° 3D 3_ thence h DO°02'=5 W=_st 895.35 feet tq a point o*+ the oenterhne Pr {1151 North . iC -ar enCE re A31telOpe %Ta11ey E-v5a_y (Stateghway ) . °1 i;45•, �asu 1255.76 =eEL LD he a! Ong Said. C�•.nterl lne SDt?th B$ ..:..1 v hay.7'nC . a radiLS . OT. •' , beg ln-zg' r_. o t8I^CETit aur. v COI Cain npr u� WBSucs 5800, 00 feet; . tcaedce .. •� ' s IASL aid ,targe (C17.) nor=Iheasterly along said centerline and along _ o t _..,........._._. - °54:36 an arc di-*c 2099.83 -eau th ough a central: angle Ox _9 - . _a - _ _ _ ::. 1... arolo agati'on o_ the....YrroSrer!y - 17ne" o1 - - tnn- .- he' ,aad aoint on ane .=-ort ___3 G sir •._^- na reccrded'�ugast Ol, 1986 a described as Par Ce1' 1 in dOCL-- - . the off De DZ the County. P.cGDrder No. 88-1209670 of Official P,eOords, ii1 Of said county; thence j and along (�16) leaving said City Boundary and along said :prolong=t--On said ues`erly line South 00°17'03" West, 491,67 =em ro the northerly line o=' ;he land described 'as Parcel '1 in doeu"snt•• recorded yebru�y 27 r 1968 1 r- u 3275 o= said Oi=:tial records; thence as Sr a t_ wee NO. . (y19) along said northerly line SOuth'89°42'57" East 20D.00 feet ro the Westerly line of last said Parcel 1; thence (L20) along said easterly line Sottth 00°17'03" Wesn 2DD:00' reef o. ane southerly line Or last said Parcel 1; thence I (121) along said southerly line North 89°52`57" West 20D.01.0 feet Pagust , Gs .d r in said d6mment reco_•d_ -viEaterly 1'ilr of Parcel 1 sc_ibed i i 01 1988; thence 1 •OOC GFSS\3XH'+ ?5\8000 Z=a=28\8583 3K'+ \ X: WDWN\hOAD DOCS\i56.°S6\7iysT-SIRS\B DSO S�Y.ffi3-i5\8563 r'�-DOC \ \ r EXHIBIT ,.2„ Page 39 of 40 Ip zlong last said westerly line 'Soup 00°1T 03" west. 7 .. 341.67 feet uo T ne southerly line of'last.said Parcell; thence ' (7.23) along last said southerly line North 89°40`54" mast 465.88 =eat the sourheaste=ly fine of last said Parcel 1;. ther'!ce (124)'along said southeasterly line -North 43°11'97" East ,94.851. feet to tae beg ming 6= a tangent cu_'r've concave southeasterly having a radius of 1532.47 -feet; thence (C25) aortheaste_rly along last said curve and along said, southeasterly line 4through a central eagle of 33012ro0" an arc dista_•2ce of 887.99 feet; hence . (1,26) non-tangent to last said curve and along last said southerly. line North 8004?'09" 3ast 112:38 -feet; thence (,27) colt ruing along lzst said soutae_ly line North 87°05' 09" mast 594.'72 feet'to 'the easterly line oi' the southeast craarr Ver of said: Secti on .. 13; thence � . (_,28) along last said eastirly line South 00026'42" Wast 1218.04 .feei�to the Pol= .of Beg--n-ng. ....... _ Con tainng 204.32 acres, more or less._ X: WDWN\hOAD DOCS\i56.°S6\7iysT-SIRS\B DSO S�Y.ffi3-i5\8563 r'�-DOC \ \ r N EXHIBIT " 2" Page 40 of 40 90 .g' AS s ;z_ `"'=II •,� LLL •� L� nN 11 a I. b All IN 491 cl r s � � she R ItN -i .'y 11 Q 9 le •5 Is ji II o v 1 I S I R._ a a I I a• ! arumara a"'° I nes rnm+o: EXHIBIT 3 (Franchise Fees) Franchise Fee Amount Throughout the Term of the Assigned Agreement, Franchisee must pay to City a Franchise Fee in an amount equal to 10% of the Gross Receipts derived by Franchisee from services provided in the City pursuant to the Assigned Agreement. The Franchise Fee must be submitted along with a report of the revenue upon which the franchise Fee is calculated by month and service category such that Gross Receipts from all sources of revenue are easily identifiable. EXHIBIT 4 (Indemnification) 1. Indemnification Franchisee hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, commissions, officers, employees, and agents (collectively, indemnities) from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, proceeding or suit in law or equity of any and every kind and description (including, but not limited to, injury to and death of any person and damage to property, or for contribution or indemnity claimed by third parties) arising or resulting from and in any way connected with (1) the negligence or willful misconduct of Franchisee, its officers, employees, agents, companies and/or subcontractors in performing services under this Agreement; (2) the failure of Franchisee, its officers, employees, agents, companies and/or subcontractors to comply in all respects with the provisions of this Agreement, applicable laws (including, without limitation, the Environmental Laws), ordinances and regulations, and/or applicable permits and licenses; (3) the acts of Franchisee, its officers, employees, agents, companies and/or subcontractors in performing services under this Agreement for which strict liability is imposed by law (including, without limitation, the Environmental Laws). The foregoing indemnity shall apply regardless of whether such loss, liability, penalty, forfeiture, claim, demand, action, proceeding, suit, injury, death or damage is also caused in part by any of the indemnities negligence, but shall not extend to matters resulting from the indemnities sole negligence, or willful misconduct. Franchisee further agrees to and shall, upon demand of City, at Franchisee's sole cost and expense, defend (with attorneys acceptable to City) City, its elected and appointed boards and commissions, officers, employees, and agents against any claims, actions, suits in law or equity or other proceedings, whether judicial, quasi-judicial or administrative in nature, arising or resulting from any of the aforementioned events, and to reimburse the City for any and all costs and expenses City incurs in providing any such defense, either before, during or after the time Franchisee elects to provide such defense, including any and all costs incurred in overseeing any defense to be provided herein by Franchisee. Franchisee, upon demand of the City, made by and through the City Attorney, shall protect City and appear in and defend the City and its elected officials, officers, employees and agents, in any claims or actions by third parties, whether judicial, administrative or otherwise, including, but not limited to disputes and litigation over the definitions of "Solid Waste" or "Recyclable Material," the scope of the rights granted herein, conflicts between the rights granted herein and rights asserted by other Persons, or the limits of City's authority with respect to the grant of licenses, or agreements, exclusive or otherwise, asserting rights under the Dormant Commerce Clause or any other federal or state laws to provide Solid Waste Handling Services in the City. The provisions of this Section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of this Agreement. 2. Hazardous Substances Indemnification A. Without regard to any insurance coverage or requirements, and without limiting the above general indemnification obligation in any way, Franchisee specifically agrees to and shall, to the maximum extent permitted by law, defend (with counsel acceptable to City) reimburse, indemnify, and hold City and its past and present officers, council members, employees, consultants and agents (hereinafter "Indemnified Parties") harmless from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever kind or nature ("Claims") (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and similar costs, damages and expenses) that arise out of or are alleged to arise out of or in any way relate to any action, inaction or omission of franchisee that: 1. Results in any demand, claim, notice, order, or lawsuit, asserting that any Indemnified Party is liable, responsible or in anyway obligated to investigate, assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any Hazardous Contaminant (as defined herein); or 2. Relates to material collected, transported, recycled, processed, treated or disposed of by Contractor. B. Franchisee's obligations pursuant to this Section shall apply, without limitation, to: 1. Any Claims brought pursuant to or based on the provisions of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 9601 et seq., the California Hazardous Substances Account Act (California Health & Safety Code Sections 25300 et seq.), the California Hazardous Waste Control Laws (California Health and Safety Code Sections 25100 et seq.), the California Porter -Cologne Act (California Water Code Section 13000 et seq.), and any and all amendments and regulations thereto, and any other Federal, State, regional or local environmental statutory or regulatory provision; 2. Any Claims based on or arising out of or alleged to be arising out of the ownership, use, lease, sale, design, construction, maintenance or operation of Franchisee of any facility; 3. Any Claims based on or arising out of or alleged to be arising out of the marketing, sale, distribution, storage, transportation, disposal, processing or use of any materials recovered by Franchisee; 4. Any Claims based on or arising out of or alleged to be arising out of any breach of any express or implied warranty, representation or covenant arising out of or in connection with this Agreement. C. The foregoing indemnity and defense obligations shall apply irrespective of the negligence or willful misconduct of Franchisee or any Affiliate of Franchisee. D. For purposes of this Section, the term "Hazardous Contaminant" shall mean any "hazardous material," as that term is defined under California Health & Safety Code Section 25501(1); any "hazardous substance," as that term is defined herein or under California Health & Safety Code Sections 25281(f), 25501(e), 25501.1 and under Title 42, Section 9601(14) of the United States Code; any "hazardous waste," as that term is defined under Title 42, Section 6093(5) of the United States Code and under California Health & Safety Code Section 25550(m); any chemical which the Governor has identified as a chemical known to the State to cause cancer or reproductive toxicity pursuant to California Health & Safety Code Section 25249.8; any crude oil or refined or unrefined petroleum product or any fraction or derivative thereof; and any asbestos or asbestos -containing material. The term "Hazardous Contaminant" shall also include any and all amendments to the above -referenced statutory and regulatory provisions made before or after the date of execution of this Agreement. E. The provisions of this Section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of this Agreement. F. In the event City directs Franchisee to dispose of Solid Waste Collected pursuant to this Agreement at a facility designated by City, Franchisee shall not be required to provide the indemnification set forth in this Section 9.2 with respect to Claims arising from allegations relating to the handling and/or disposal of such Solid Waste after it is delivered to a City designated facility (although this exception shall not apply to any other Claims relating to said Solid Waste); provided, however, this exception to the indemnification requirements of Section 9.2 that would otherwise apply shall not apply in the event the City designated disposal facility in question is either owned or operated, in whole or part, by Franchisee or any Affiliate. 3. AB 939 Indemnifications and Guarantee A. To the extent authorized by law, Franchisee agrees to indemnify and hold harmless the City from and against all fines and/or penalties imposed by the California Integrated Waste Management Board in the event the source reduction and Recycling goals or any other requirement of AB 939 are not met by the City with respect to the waste stream Collected under this Agreement. B. Franchisee warrants and represents that it is familiar with City's waste characterization study as set forth in City's SRRE, and that it has the ability to and will provide sufficient programs and services to ensure City will meet or exceed the 50% diversion goal set forth in AB 939, with respect to that portion of the Solid Waste generated in City that is the subject of this Agreement. EXHIBIT 5 (Insurance, Bond, Letter of Credit) 1. Insurance Franchisee shall procure and maintain during the entire Term of this Agreement the following types of insurance, and shall maintain the following minimum levels of coverage, which shall apply to any claims which may arise from or in connection with Franchisee's performance hereunder or the actions or inactions of any of Franchisee's officers, agents, representatives, employees, or subcontractors in connection with Franchisee's performance. The insurance requirements hereunder in no way limit Franchisee's various defense and indemnification obligations, or any other obligations as set forth herein. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. The most recent editions of Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 00 01). 2. The most recent editions of Insurance Services Office form number CA 00 01 covering Automobile Liability, code 1 "any auto" and endorsement CA 00 25. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. Minimum Limits of Insurance. Franchisee shall maintain in force for the term of this Agreement limits no less than: 1. Comprehensive General Liability: Five Million Dollars ($5,0005000) limit aggregate and Five Million Dollars ($550005000) 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 1. The liability insurance required by this Section 1 shall cover all Franchisee or subcontractors or the Franchisee or subcontractor must furnish evidence of insurance provided by it meeting all of the requirements of this Section 1. 2. Franchisee shall comply with all requirements of the insurers issuing policies. The carrying of insurance shall not relieve Franchisee from any obligation under this Agreement. If any claim exceeding the amount of any deductibles or self-insured reserves is made by any third Person against Franchisee or any franchisee or subcontractor on account of any occurrence related to this Agreement, Franchisee shall promptly report the facts in writing to the insurance carrier and to City. If Franchisee fails to procure and maintain any insurance required by this Agreement, City may take out and maintain, at Franchisee's expense, such insurance as it may deem proper and deduct the cost thereof from any moneys due Franchisee. 2. Faithful Performance Bond A. Prior to the Commencement Date, Franchisee shall deliver to City a performance bond in the sum of the amount of Seven Hundred Fifty Thousand Dollars ($750,000.00), which secures the faithful performance of this Agreement, including, without limitation, payment of any penalty and the funding of any work to cure a breach of this Agreement, unless such requirement is waived by the City Manager. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void at the conclusion of the term of this Agreement only if the Franchisee promptly and faithfully performs all terms and conditions of this Agreement. B. In the event Franchisee shall for any reason become unable to, or fail in any way to, perform as required by this Agreement, City may declare a portion or all of the performance bond which is necessary to recompense and make whole the City, forfeited to the City. Upon partial or full forfeiture of the performance bond, Franchisee shall restore the performance bond to its face amount within 30 days of the City's declaration. Failure to restore the performance bond to its full amount within 30 days shall be a material breach of the Agreement. 3. Faithful Performance Letter of Credit A. In addition to a corporate surety bond as noted in Section 2 above, Franchisee shall furnish an irrevocable letter of credit drawn upon a financial institution with an office within one hundred (100) miles of City in the amount of Two Hundred Fifty Thousand Dollars ($250,000), in a form acceptable to the City Attorney as security for the performance of this Agreement (the "LOC"). The LOC shall be the sole responsibility of Franchisee, and shall be released within thirty days after both (i) the expiration of the term of this Agreement, or upon the earlier termination hereof; and (ii) Franchisee's satisfactory performance of all obligations hereunder. B. Thirty (30) days following City providing Franchisee with written notice of its failure to pay City any amount owing under this Agreement, the LOC may be drawn upon by City for purposes including, but not limited to: 1. Payment of sums due under the terms of this Agreement which Franchisee has failed to timely pay to City 2. Reimbursement of costs borne by City to correct violations of this Agreement not corrected by Franchisee. City may draw upon the entire Letter of Credit and convert it to a cash deposit if Franchisee fails to cause the Letter of Credit to be extended or replaced with another satisfactory letter of credit no later than 60 days prior to its expiration during the term hereof. EXHIBIT 6 (Existing Roll -Off Agreement) 'J Temporary Bin and Roll -Off Box Solid Waste Franchise. Agreement Between The City of Santa Clarita and Consolidated Disposal Service; L.L.C. City of Santa Clarita Contract No.a&,eDnW9 '^l Teapornry Bln and Boli -Off Box Solid Waste Agrervneat Bahvaen the City of Saute Clnrita and Consolidated Disposal Service TABLE OF CONTENTS Recitals..:.............................................................................................................................1 Section 1 Grant of Franchise ............... ........•.•..........4 Section 2 Reimbursement of City Expenses...........................6......................4...........000...... 6 Section 3 Term; Extension ..... ...............................:........... ................................. ................. 6 ; i Section4 Definitions.........................................................................................4000.:............ 6 Section 5 Compliance with Laws and Regulations............................................................19 i and Frequency of Service......................................................................... 9 Section 6 Types Section 7 Collection Equipment........................................................................................11 Section8 Privacy.. ....................... ....................... P ............. d ...................................... 13 Section 9 ServiceExceptions; Hazardous Waste Notifications........................................13 Section 10 Customer Service...:................................I..........................0000......................... 14 Section 11 Ownership of Solid Waste,,..,.. ......... 11 .................... 4 .................. ....... 4 .............. 15 Ii Section 12 Marketing of Recyclable Solid Wastes...........................................................15 Section13 Billing.. . . . . . . . . . . . . . . . . . . . . . . . I . P . . . . . . . . . . . . . . . . . . . . . . I P d . I . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 5 Section 14 Consolidated Disposal Service's Books and Records; Audits ........................ 16 j Section 15 Integrated Waste Management Act; Repmting Requirements. ........... :o ......... d 17 Section 16 Activities and Financial Reports; Adverse Information..................................17 Section 17 Indemnification and Insurance........................................................................21. Section18 Cash Bonds............................................................................10...................01... 24 Section 19 Emergency Service... ... db ....................... d.d ..................... ...... 4 ........ d ....... q .......... 25 Section 20 Administrative Remedies; imposition of Damages; Termination .................. 26 Section 21 Referral to Referee; Hearing Procedures........................................................ 31 Section 22 City's Additional Remedies...............................:............................................ 34 . Section 23 Franchise •Transfer; City Cori'sent; Fees ......................................:................. P. 35 Section24 General Provisions......................:...................................0110........................... 37 ExhibitA Guaranty......................................................................................................... C-1 G k PS -05-08-09 to Temporary Biu mid Roll -Off Dox solid Waste Agramnent Metwoon the City or Santa Clarity and Consolidated Disposal Service Temporary Bin and Roll -Off Box Solid Waste Agreement Between the City of Santa Clarita and Consolidated Disposal Service, L.L.C. This. "Temporary Bin and Roll -Off Box Solid Waste Agreement Between the City of Santa Clatita and Consolidated DisposaI Service, L.L.C." (".Agreement" or "Temporary Bin and Roll - Off Agreement") between the City of Santa Clarita, California, a California city, ("City") and Consolidated Disposal Service, a Delaware corporation, is made and entered into on the day of, 20011 RECITALS WHEREAS,. ArticleXI, § 7 of the California Constitution authorizes cities to .protect public health and safety by taldng measure's in furtherance of their authority over police and sanitary matters; and WHERBAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, ("AB 939" or the "Act") established a solid waste management process which requires cities and other local jurisdictions to implement plans for source reduction, reuse and recycling as integrated waste management practices for solid waste attributed to sources within their respective jurisdictions; and WHEREAS, California Public Resources Code § 40059 provides that aspects of solid waste handling of local concerti include but are not limited to frequency of collection, means of collection and transportation, level of services, charges and fees, and nature; location and extent of providing solid waste services, and wheel -ler the services are to be provided by means of non- exclusive, partially exclusive or wholly exclusive franchise, contract, license or otherwise which maybe granted by local government under terms and conditions prescribed by the gov- erning body of the local agency; and WHEREAS, Chapters 15.44 and 15.46 of the Santa glarita Municipal Code implement Article XI, § 7 of the California Constitution and California Public Resources Code § 40059 in the City of Santa Clarita; and WHEREAS, City is obligated to protect the public health and safety of the residents of the City of Santa Clarita and arrangements made by solid waste enterprises and recyclers for n-05-06.09 M TemporaryBin and Roll.Dff Bax Solid Waste Agreement Batrveaa the City or Santa Clarita and Consolidated Disposal Service the collection of Temporary Bin and Roll -Off Solid Wastes should be made in a manner consis- tent with the exercise of the City's police power for the protection of public health and safety; and WHEREAS, By advertisement and solicitations by mail City invited solid waste enter- prises, without regard to prospective proposers' places of business or prior service areas (in an effort to attract proposals from the widest possible range of qualified proposers) to propose how Temporary Bin and Roll -Off Solid Waste services might be provided in the City in a safe, effi- cient manner which protects public health and safety and implements measures consistent with the City's Source Reduction and Recycling Component in order for the City to reach the diver- sion goals mandated by the California Integrated Waste Management Act of 1989, as amended, Public Resources Code § § 40000 et seq.; and WHEREAS, By its advertisements and solicitations, City received expressions of inter- est and suggestions from numerous prospective proposers, including proposers with corporate headquarters located outside the State of California, and City, in evaluating proposals, consid- ered factors which included, but which were not limited to cost, quality of service, proposers ability to implement measures to comply with AB 939 and proposers' ability to meet the obli- gations of indemnification provisions and traffic and air pollution impacts, but did not favor in- state or local firms nor discriminate in any way against frrms with out-of-state affiliations or corporate offices; and WHEREAS, City and Consolidated Disposal Service are mindful of the provisions of the laws governing the safe collection, transport, recycling and disposal of Temporary Bin and Roll -Off Solid Waste, including AB 939, the Resource Conservation and Recovery Act ("RCRA" ), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compen- sation and Liability Act ("CERCLA" ), 42 U.S.C. §§ 9601 et seq.; the laws governing Universal Wastes, Universal Waste Electronic Devices ("UWEDs"), and other Universal Wastes, includ- ing, but not limited to non -empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other. lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel -cadmium batteries, sliver button batteries, mercury batter- ies, small sealed lead acid batteries [burglar alarm and emergency light batteries] alkaline bat- teries, carbon -zinc batteries and any other batteries which exhibit the characteristic of a hazard- ous waste), mercury thermometers, mercury -containing switches; and WHEREAS, City and Consolidated Disposal Service desire to leave no doubts as to their respective roles and to make it clear that by entering into this Agreement, City is not thereby becoming a "generator" or an "arranger" as .those terms are used in the context of CERCLA § 107(a)(3) and that it is Consolidated Disposal Service, an independent entity, not City, which will arrange to collect Temporary Bin and Roll -Off Solid Waste from Premises in 2 PS -05-06-09 k Temparnry Din and Boll•011' Dox Solid Waste Agreement Between the City of S=tn Clarita and Consolidated Disposal Service the City of Santa Clarita, transport for recycling and disposal and dispose of Temporary Bin and Roll -Off Solid Wastes' which may contain small amounts of household products with the characteristics of hazardous wastes, collect and compost Green. Waste and collect and recycle Recyclable Solid Wastes from Premises in the City of Santa Clarita, and collect and recycle or dispose of Construction and Demolition Materials; and W1dEREAS, there are no places within the City limits of the City of Santa CIarita where Iandfills are located, or which are suitable for the siting of a landfill and therefore Temporary Bin and Roll -Off Solid Waste must be exported from the City; and WHEREAS; City and Consolidated Disposal Service agree that, subject to City's exer- cise of its reserved flow control right under Section 13 of this Agreement, it is Consolidated Disposal Service, and not City, which will select the landfill or transformation facility destina- tion of the. non -recyclable Temporary Bin and Roll -Off Solid Waste and Construction and Demolition Materials ("C&D Materials") which Consolidated Disposal Service will arrange to collect, that City has not and, by this Agreement does not, instruct Consolidated Disposal Ser- vice on its collection methods, nor supervise Consolidated Disposal Service in the collection of waste and nothing in this Agreement or other action of the City shall be construed to give rise to any inference that the City has any title, ownership or right of possession of such Temporary n Bin and Roll -Off Solid Waste; and WHEREAS, Consolidated Disposal Service represents and warrants to City that Con- solidated Disposal Service has the experience and qualifications to conduct recycling and waste diversion programs, to provide City with information sufficient to meet the City's reporting re- quirements under the Act, to meet the diversion goals proposed by Consolidated Disposal Ser- vice, to meet City's other requirements, to arrange with poisons In charge of day-to-day activi- ..ties of Premises in the City of Santa Clarita for the collection, safe transport and disposal of Temporary Bin and Roll -Off Solid Wastes which may contain small amounts of household products with the characteristics of Hazardous Wastes, or Universal Wastes, in a safe manner which shall minimize the adverse effects of collection vehicles on air quality and traffic, and that Consolidated Disposal Service has the ability to indemnify City in accordance with this Agreement; and WHBREAS, the City would not enter into this Agreement with Consolidated Disposal Service unless Republic Services,.Tnc. provides a Guaranty in the form set forth in Exhibit A and the Guarantor, as a material, inducement and consideration to the City to enter into the Agreement, is willing to execute and deliver• the Guaranty and to agree to and be bound by its terms; and 1, n-05-06-09 Temporary Bill and Roll -Off Box Solid Waste Asreunettt Between am City or Santa Clarity and Consolidated Disposal Service WHEREAS, the City Council of the City of Santa Clarita determines and finds pursuant to California Public Resources Code § 40059(a)(1) that the public interest, health, safety and well-being, including the minimization of adverse impacts on air quality and traffic from exces- sive numbers of collection vehicles, the implementation of measures consistent with the City's Source Reduction and Recycling Component, and in an effort to reduce the City's potential CERCLA liability, would be served if Consolidated Disposal Service were to be awarded an exclusive Franchise for collection, recycling, diversion and disposal of Temporary Bin and Roll -Off Solid Waste from premises in the City of Santa Clarita. NOW, THEREFORE, the City and Consolidated Disposal Service agree as fol- lows: Section 1. Grant of Franchise A. Binding Agreement. In consideration of the execution of and the mutual promises contained in this Temporary Bin and Roll -Off Box Solid Waste Agreement Between the City of Santa Clarita and Consolidated Disposal Service, City and Consolidated Disposal Service enter into this Agreement. B. Grant of Franchise; Exclusions. Consolidated Disposal Service, and other solid waste enterprises, if any, granted similar franchises, shall have an exclusive duty, tight and privilege to collect, transport, process, recycle, compost, retain and dispose of all Temporary Bin and Roll -Off Solid Waste, as defined in this Agreement, produced, generated and/or accu- mulated at premises in the City, except as provided below, The collection and disposal of resi- dential solid waste from Single Family and Multi -Family Residences or other similar places is not within the scope of this Agreement, but is within the scope of a separate "Residential Agreement" The collection and disposal of Construction and Demolition Materials from resi- dential and commercial premises through the use of roll -off or other Bins is within the scope of this Agreement. However, accumulation, collection and recycling or disposal of Construction and Demolition Materials by a licensed contractor, e.g., a roofing contractor, performing work within the scope of the contractor's license, e.g., removing a roof and installing a new roof, us- ing equipment owned or leased by the contractor, is not within the scope of this Agreement. C. "Exclusive Franchise." Consolidated Disposal Service agrees that this Agreement is an "exclusive franchise" as that term is used in Public Resources Code § 49520. Consoli- dated Disposal Service acknowledges and understands that City may grant more than one ex- clusive franchise, to more than one solid waste enterprise for the services to be provided pursu- ant to this Agreement. D. Waiver of Rights. Consolidated Disposal Service waives any right it may have to challenge the Cerins of this Agreement under federal, state or local law, or administrative regu- 4 PS -05-05-09 Temporary Din and Roll -Off Box Solid Waste Agreement aetmem the City of Smrtn Clarita and Consolidated Dlspml Sorvine (� lation, except as provided in the'dispute resolution provisions of Sections 20 and 21 of this Agreement. Consolidated Disposal Service waives any right or claim to serve Premises in the City of Santa Clarita as its boundaries exist as of the date of execution of this Agreement under any prior grant of franchise, contract, license or permit issued or granted by City relating to the waste stream covered by this Agreement and including whatever, if any, rights Consolidated Disposal Service may have under the Public Resources Code or prior law. R. Gardeners and Landscapers. This Agreement shall not prohibit gardeners and landscapers from collecting, transportingand composting or disposing of Green Waste, as long as they transport such Green Waste to a Compostable Materials Handling Facility or a Green Material Composting Facility, as defined in 14 CCR § 17852, or other site permitted (or ex- empt from permitting) by the California Integrated Waste Management Board, or its successor agency, in accordance with all governing laws and regulations and submit reports required by- city. yCity. F. Sale or Gift of Recyclable Materials. Any person may sell Recyclable Materials or give away Recyclable Materials to persons or entities other than Consolidated Disposal Service However, in either instance: (1) the Recyclable Materials must be segregated from and not mixed with Temporary Bin or Roll -Off Solid Waste; and (2) the seller/donor may not pay the Obuyer/donee any consideration for collecting, processing or transporting such Recyclable Mste- rials, or as a consultation fee for recycling services. A discount or reduction in price for collec- tion, disposal and/or recycling services for any form of unsegregated or segregated Temporary Bin and Roll -Off Solid Waste is not a sale or donation of Recyclable Materials and such Tem- porary Bin and Roll -Off Solid Waste does not qualify for this exception. n G. Annexation. Territory annexed to .the City which is not within the service area of another solid waste enterprise which qualifies under Public Resources •Code § 49521 to con- tinue to provide Temporary Bin and Roll -Of? Solid Waste services shall be added to the Fran- chise covered by this Agreement. In the event that an annexed area is added to the Franchise area, City and Consolidated Disposal Service agree that this Agreement shall supersede any previous franchise agreement, permit, or license granted to Consolidated Disposal Service by another public entity, with'respect to the collection of Temporary Bin and Roll -Off Solid Waste within the annexed area. IL Flow Control - Reservation of Rights. City reserves whatever, if any, rights to ex- ercise solid waste flow control which maybe provided by Congress. PS -05-06-09 Tunporary Bin andRoll-Off Bos Solid WasteA62eemont Behveen the City Of Santa Clarita. and Consolidated Disposal Service Section 2. Reimbursement of City Expenses Not Required. Consolidated Disposal Service shall not be required to reimburse City for expenses, in- cluding staff time, consultants' and attorneys' fees and expenses associated with granting this Agreement. Section 3. Term. A. Collection services under this Agreement shall be provided for a period of five years, commencing on January 1, 2006, and ending at midnight on December 31, 2010, unless sooner terminated. B. Sections 9, 16 and 17 of this Agreement also require Consolidated Disposal Service to provide services (e.g., access to landfill destination information, insurance and indemnifica- tion and an insurance policy repository) beyond the period during which collection services are to be provided pursuant to this Agreement. Section 4. Definitions Whenever any term used in this Agreement has been defined by the Santa Clarita Mu- nicipal Code ("Municipal Code") or Division 30, Part I, Chapter 2 of the California Public Re- sources Code, the definitions in the Municipal Code or Public Resources Code shall apply un- less the term is otherwise defined in this Agreement. A, "Act" or "AB 939" means the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code §§ 40000 et seq., as it may be amended and as implemented by the regulations of the California Integrated Waste Management Board, or its successor agency. B, "Agreement" or "Franchise Agreement" means this written Agreement between the City and Consolidated Disposal Service, and all exhibits and documents, including Con- solidated Disposal Service's Service Proposal, dated October 7, 2005, and all supplements to those respective proposals, governing the provision of Temporary Bin and Roll -Off Solid Waste Services as provided in this Agreement. See Section 24.J, below. C, "Bins" or "Solid Waste Bins" means those containers provided for the temporary accumulation and collection of Temporary Bin and Roll -Off Solid Waste from Premises. Bins m'e usually two or three cubic yards in size, or larger. PS -05.06-09 Temporary BLi and Roll -Off Box Solid Waste Agreementlietwean the City of Santo Clarity and Consoadatodnisposal Service D. `Bullty Goods" means large and small household appliances, furniture, carpets, mattresses, White Goods, oversized yard waste such as tree trunks and large branches if no lar - 'ger than two feet in diameter and four feet in length and similar large items discarded by Com- mercial service recipients, The term "Bulky Goods" does not include consumer electronics, such as televisions, radios, computers, monitors, and the like. I:. "City" means the City of Santa Clarita, California. F. "Construction and Demolition Materials" or "C&D Materials" means discarded building materials, "inert wastes" as defined in Public Resources Code .§ 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt), recyclable construction and demolition 'materials, packaging, plaster, drywall, and rubble, resulting from construction, remodeling, re- pair and demolition operations, but does not include asbestos -containing materials, Contrac- tion and Demolition Materials, but not asbestos -containing materials, are within the scope of this Agreement, subject to the licensed contractor exception in Section 1.13, above. G. "Consolidated Disposal Service" means Consolidate Disposal Service, L.L.C, a Delaware corporation, a party to this Agreement. OH. "Franchise" means the exclusive right and.privilege granted by this Agreement. I. "Franchise Fee" means the fee or assessment imposed by the City on Consolidated Disposal Service because of its status as party to this Agreement and which, inter cilia, is in- tended to offset the City's expenses in administering this Franchise and to compensate City for damage to its streets, sidewaU(s, curbs and gutters and other infrast: acture resulting from Con- solidated Disposal Ser vice's.exercise of this Franchise, the expenses of administering the pro- gram for the Temporary Bin and Roll -Off Solid Waste stream, reporting requirements under the Act and other related expenses. J. "Green Waste" or "Yard Trimmings" means leaves, grass clippings, brush, branches and other forms of organic materials generated from maintenance or alteration of residential landscapes or gardens including, but not limited to, yard clippings, leaves, tree trimmings, prunings, holiday trees free of floclang and metal, brush and weeds and incidental pieces of scrap lumber, separated from other forms of Temporary Bin and Roll -Off Solid Waste. "Green Waste" does not include yucca or palm fronds, winch are not suitable for com- posting. I "Gross Revenues" means any and all revenue or compensation in any form, de- rived directly or indirectly, of Consolidated Disposal Service, Republic Services, Inc. or their subsidiaries, or other affiliates of Consolidated Disposal Service in which-Consolidated'Dis- PS-05-06-09 Temporary Din and Roll -Off Box Solid Waste Agreement Between the City of Santa Clarity and Consolidated Disposal Service posal Service or Republic Services, Inc. or either of them, has a financial interest, for the col- lection, transportation, processing, recycling, diversion and disposal of solid waste pursuant to this Agreement, in accordance with Generally Accepted Accounting Principles, including, but not limited to, monthly customer fees for collection of Temporary Bin and Roll -Off Solid Waste, without subtracting Franchise Fees or any other cost of doing business, but excluding revenues from the sale of Recyclable Materials and Recyclable Solid Waste. L. "Hazardous Waste" means any waste materials or mixture of wastes defined as a "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Re- covery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq., the Comprehensive Bnvironmental Re- sponse, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq., the Carpen- ter -Presley -Tanner Hazardous Substance Account Act ("HSAA"), codified at California Health & Safety Code §§ 25300 et seq.; and all future amendments to any of them, or as defined by the California Integrated Waste Management Board, or the Department of Toxic Substances Con- trol, or a successor agency. If there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or Solid Waste, the term "Hazardous Waste" shall be construed to have the broader, more encompassing definition. M. "Premises" means all premises in the City, other than Single Family and Multi - Family Residences, where Temporary Bin and Roll -Off Solid Wastes are generated or accumu- lated. The term "Premises" includes, but is not limited to, stores; offices; restaurants; rooming houses; hotels; motels; industrial and manufacturing, processing, or assembly shops or plants; hospitals, clinics, convalescent centers and nursing homes (non-medical waste); federal, state, county and local governmental facilities, including, but not limited to schools, school district offices, special districts and water districts (to the extent authorized by law); but does not in- clude Single Family or Multi -Family Residences. N. "Recyclable Material" means a commodity which is sold for compensation, or given away, but which is not discarded into the Commercial waste stream. A Recyclable Mate- rial which is discarded into Temporary Bin or a Roll -Off Box loses its character as a Recycla- ble Material and becomes Temporary Bin and Roll -Off Solid Waste subject to this Temporary Bin and Roll -Off Agreement. O. "Roll -Off Box" or "Roll -Off Box Service" means solid waste containers, or ser- vice using containers with a capacity of 10 cubic yards, or more, including compactors. P. "Scavenging" means the unauthorized removal of Recyclable Solid Wastes. Scav- enging is prohibited by Public Resources Code § 41950. PS -05-06.09 Cn Temporary Bio and,Roll-Off Box Solid weste Agreement Between the City of Sang Clif its and Consolidated Disposal Soryiee Q. "Temporary Bin Service" means Bin service provided to a premises on a tempo- rary, as -needed, basis in such a manner that no Bins belonging to a particular solid waste enter- prise, or any of its affiliates, remain on that premises for more than thirty consecutive days, or for more than 60 days of any consecutive 90 -day period in any calendar year. R. "Universal Wastes" means Universal Waste Electronic Devices (U4VEDs), cathode ray tubes (CRTs) and other Universal Wastes, including, but not Iimited to non -empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel -cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] allcaline-batteries, carbon -zinc batteries and any other bat- teries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury - containing switches, and any other Universal Wastes improperly designated by the then - applicable regulations of the Department of Toxic Substances Control, or its successor agency. Section 5. Compliance with Laws and Regulations Consolidated Disposal Service wartants that it shall comply with all applicable laws, including implementing regulations, as they may be amended, specifically including, but not Olimited to RCRA, CERCLA, the Act, the California Electronic Waste Recycling Act of 2003, as. amended (SB 20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher, Chapter 863, Statutes of 2004; AB 575, Wolke, Chapter 59, Statutes of 2005), laws governing Universal Waste, includ- ing Universal Waste Electronic Devices ("UWEDs"), and other Universal Wastes, including, but not limited to non -empty aerosol cans,, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, bat- tedes (rechargeable nickel -cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] allcaline batteries, cat-. bon -zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometeis, mercury -containing switches, regulations and orders of the California Department of Toxic Substances Control, the California Air Resources Board, the California Integrated Waste Management Board, or then respective successor agencies, and all other applicable laws of the United States, the State of California, the County of Los Angeles, ordinances of the City, the requirements .of Local Enforcement Agencies and all other agencies with jurisdiction. Section 6. Types and Frequency of Service A. Public. health and Safety - General. In order to protect the public health and safety,, arrangements made by Consolidated Disposal Service with its service recipients within the City of Santa Clarita for the collection of Temporary Bin and Roll -Off Solid Waste shall provide for the collection of such waste generated or accumulated in Premises within the City at least once every 30 days. I . PS -05.06-09 Temporary Bin and Roll -Off Box Solid Waste Agreement Between the City of Santa Clarita and Consolidated Disposnl Service ii. Temporary Bin and Roll -Off Solid Waste Services. 1. Consolidated Disposal Service shall collect and remove all Temporary Bin and Roll -Off Solid Waste placed in Solid Waste Bins from an Premises within the City as often as necessary to prevent overflows and spillage from Bins. 2. Consolidated Disposal Service agrees to provide Bins to service recipients upon commencement of service. 3. Under no circumstances shall Consolidated Disposal Service be required to pick up the following: a) Solid Waste not placed in a Temporary Bin or Roll -Off box; b) Oil drums, grease drums and similar metal containers and containers with sharp, rough, or jagged edges; c) Large, heavy items not broken down, including without limitation, water heaters, couches, refrigerators, stoves and large pieces of furni- ture; d) Hot ashes; e) Hazardous Waste; f) Any other material or matter which is not Temporary Bin and Roll - Off Solid Waste as defined in this Agreement. C. Recycling Services, 1. Recyclable Solid Waste Collection. Consolidated Disposal Service shall col- lect, remove and recycle all Recyclable Solid Waste placed in Temporary Bins and Roll -Off Boxes. Consolidated Disposal Service agrees to process Recyclable Solid Waste through a Materials Recovery Facility or other facil- ity capable of diverting C&D Materials in order to maximize the diversion of Temporary Bin and Roll -Off Solid Waste from Iandfilling. "Inert wastes" as defined in Public Resources Code § 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt), shall be removed from the waste stream and not sent to disposal facilities. �.. , 10 PS -05-08-09 C, n Temporary Rln and Roll -Off Box Solid Waste Agreement Between the City of Santa Clarity and Consolidated Disposal Service 1.5, Green Waste Collection. Consolidated Disposal Service shall collect, re- move' and recycle all Green Waste placed in Temporary Bins and Roll' -Off' Boxes. Consolidated Disposal Service shall use its best efforts to obtain maximum diversion credit; if available, for Green Waste, 2. Purchase of Recyclable Materials. Consolidated Disposal. Service may offer. services for the purchase of Recyclable Materials from its Temporary Bin and Roll -Off Solid Waste service recipients, but will not have any exclusive rights to so. 3. Scavenging - Discouragement. Consolidated Disposal Service will take whatever, if any, Iegal actions (e.g., actions seeking to enjoin scavengers) which may be appropriate and effective to discourage scavenging of Recy- clable Solid Waste from the Temporary Bin and Roll -Off Solid Waste Stream. A Hours of Collection. Consolidated Disposal Service agrees that, in order to protect the peace and quiet of residents of -the City of Santa Clarita, Consolidated Disposal Service's collection of Temporary Bin and Roll -Off Solid Waste which is audible in residential areas n shall not be made between the hours of 5 p.m. and 6 a.m, E. Collection on Holidays. Consolidated Disposal Service has informed City that no collections will occur on a day on which a legal holiday is observed by the landfill, transforma- tion, transfer station, materials 'recovery facility, or Compostable Materials Handling Facility destination of Temporary Bin and Roll -Off Solid Waste to be,collected by Consolidated Dis- posal Service (presently New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanks- givingDay and Christmas Day). F. Customer and Public Education Programs. Consolidated Disposal Service will develop and implement a Customer Education Plan for its Temporary Bin and Roll -Off Solid Waste customers. The Costumer Education Plan shall include information on recycling and the safe disposal of Hazardous Wastes and Universal Wastes. G _ Change in Size or Number of Bins. By written or telephonic request Service Re- cipients may request to exchange Roll -Off or Compactor Bins for larger or smaller Bins, and change the frequency of collection. Consolidated Disposal Service shall exchange Bins without charge. \ Section 7. Collection Equipment lJ 11 PS -05.06-09 Temporary Bin and Roll -Off Box Solid Waste Agreement Between the City of Santa Clarim and consolidated Disposal Service A. General. Consolidated Disposal Service warrants that it shall provide adequate numbers of vehicles and equipment, as described in its proposal, for the collection, transporta- tion, recycling and disposal services for which it is responsible under this Agreement. B. Noise. To protect peace and quiet in Commercial areas, the noise. level generated by compaction vehicles using compaction mechanisms during the stationary compaction process shall not exceed a single -event noise level of seventy-five (75) decibels (dBA) at a distance of twenty-five (25) feet from the collection vehicle measured at an elevation of five (5) feet above ground level. Consolidated Disposal Service shall submit to City a certificate of vehicle noise level testing by an independent testing entity of any collection vehicles used by Consolidated Disposal Service in the City of Santa Clarita which has been the subject of more than one noise complaint within any twelve-month period. Co Compliance. Consolidated Disposal Service warrants that it will comply with all measures and procedures promulgated by all agencies with jurisdiction over the safe and Sarii- tary operation of all its equipment, D. Private Streets, Alleys and Parking Lots. Consolidated Disposal Service agrees to use its best efforts to prevent damage to private streets, alleys and parking lots over which its collection equipment may be operated, and to obtain all required approvals for operation of its collection vehicles on private streets, alleys and parldng lots. E. Graffiti, Consolidated Disposal Service agrees to maintain all its equipment, includ- ing Bins and Roll -Off Boxes, used in the City free of graffiti or "tagging" and to remove or paint over tagging or graffiti from any of its Bins or other collection equipment within 24 hours (Sundays and Holidays excepted) of notification by the City or a service recipient. See also § 22.E. F. "Hazardous Waste Disposal Prohibited" Markings. Consolidated Disposal Ser- vice agrees to post each Bin and Roll -Off Box placed in the City with conspicuous signs warn- ing that the disposal of Hazardous Waste in Bins is prohibited, See also § 22.E. G. I Bin Markings. Each Bin placed in the City by Consolidated Disposal Service will be marked with Consolidated Disposal Service's name, telephone number and a unique Bin number, by bar code or other means. For each Bin placed in the City by Consolidated Disposal Service, Consolidated Disposal Service shall provide the Bin number to the service recipient and to the City. The City's copy of the Iist of Bin numbers shall include the name and address of the service recipient authorized to use each Bin. See also § 22.E. H. Bins: Lids, Replacement; RemovaL Consolidated Disposal Service shall ensure that all its Temporary Bins in the City of Santa Clarita are equipped with operable lids, and, 19 PS•05.06-09 Temporary Bin mid Roll•Off Box Solid Waste Agreement Betiveen aee City of Santa Clarim and Comolidated Disposal Service Oupon customer request, locks of hasps permitting the use -of locks. Upon -the request of the ser- vice recipient or City, Consolidated Disposal Service shall replace or repair damaged, broken or unsightly Bins. Consolidated Disposal Service shall remove Temporary Bins and Roll -Off Boxes from premises at which service has been discontinued within five collection days after receipt of notification that service has been discontinued. Section 8. Privacy A. General. Consolidated Disposal Service shall observe and protect the rights of pri- vacy of service recipients. Information identifying individual service recipients, or the compo- sition or contents of a service recipient's Temporary Bin and Roll -Off Solid Waste shall not be. revealed to any person, governmental unit, private agency or company, unless upon the author- ity of -a court of law, by statute, or upon valid' authorization of the service recipient. This provi- sion shall not be construed to preclude Consolidated Disposal Service from preparing, partici- pating in, -or assisting in the preparation of. waste. characterization studies or waste stream analyses which may be. required by the Act, or preparing and distributing public awareness ma- terials.to service recipients. B. Mailing Lists. Consolidated Disposal Service shall not market or distribute mailing Olists with the names and addresses of service recipients, co • Privacy Rights Cumulative. The rights accorded service recipients pursuant to this Section shall be in addition to any other privacy rights accorded service recipients pursuant to federal or state law. . Section 9. Service Exceptions; Hazardous and Universal Waste Notifications A. Failure or Refusal to Collect, When Temporary Bin and Roll -Off Solid Waste is not collected fiorh any Temporary Bin or Roll -Off Solid Waste Service Recipient, Consoli- dated Disposal Service shall notify that Service Recipient in writing, at the time collection is not made, by use of a tag or otherwise, why the collection was not made. B. Hazardous and Universal Waste Inspection, Diversion and Reporting. Consoli- dated Disposal Service reserves the right and has the duty under law, to inspect Temporary Bin and Roll -Off Solid Waste put out for collection and to reject Temporary Bin and Roll -Off Solid Waste observed to be contaminated with Hazardous Waste. Should Consolidated Disposal Ser- vice find or observe reportable quantities of Hazardous Waste put out for collection with Tern- porary Bin and Roll -Off Solid Waste, Consolidated Disposal Service shall notify all agencies Owith jurisdiction, including the California Department of Toxic Substances Control and Local Emergency Response Providers and, if appropriate, the National Response Center, of reportable. . 13 PS -05-06-09 Temporary Bin and Roll•Of'f Box Solld Waste Agreement Between the City of Santa Clarita and Consolidated Disposal Servlcc quantities of Hazardous Waste, found or observed in Temporary Bin or Roll -Off Solid Waste observed or collected anywhere within the City. Consolidated Disposal Service shall handle Universal Waste Electronic Devices (UWEDs) and cathode ray tubes (CRTs) and other Univer- sal Wastes, including, but not limited to non -empty aerosol cans, fluorescent tubes, high inten- sity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel -cadmium batteries, silver button batteries, mer- cury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] alkaline batteries, carbon -zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury -containing switches, and any other Universal Wastes improperly disposed of into the Residential Solid Waste stream in a manner consistent with the then -applicable regulations of the Department of Toxic Substances Control, or its successor agency. In addition to other required notifications, if Consolidated Disposal Service observes any substances which it or its employees reasonably believe or suspect to con- tain Hazardous Wastes unlawfully disposed of or released on City property, including storm drains, streets or other public rights of way, Consolidated Disposal Service shall notify the City Manager, or the City Manager's designee immediately. C. Hazardous and Universal Waste Diversion Records. Consolidated Disposal Ser- vice shall maintain records showing the types and quantities, if any, of Hazardous and Univer- sal Wastes found in Temporary Bin or Roll -Off Solid Waste and which was collected from ser- vice recipients within the City, but diverted from landfilling, and the diversion addresses. Section 10, Customer Service A. Office Flours. Consolidated Disposal Service has represented to City that Consoli- dated Disposal Service's arrangements for the collection of Temporary Bin and Roll -Off Solid Waste from premises in the City of Santa Clarita will include Consolidated Disposal Service's agreement to maintain an office accessible by telephone. The City understands, but does not require, that Consolidated Disposal Service's office hours are from 7 a.m, to 5:30 p.m. daily, except Saturdays, Sundays and holidays. Consolidated Disposal Service shall have the capabil- ity of responding to Service Recipients in English, Spanish, Telecommunications Device for the Deaf Service and other languages reasonably necessary for communication with service re- cipients. B. Service Complaints; Missed Collections. City and Consolidated Disposal Service agree that the protection of public health, safety and well-being require that service complaints be acted on promptly and that a record be maintained in order to permit City and Consolidated Disposal Service to identify potential public health and safety problems. Accordingly, Consoli- dated Disposal Service shall inform all Temporary Bin and Roll -Off Solid Waste Service re- cipients that all service recipients' complaints shall be directed to Consolidated Disposal Ser- vice. Consolidated Disposal Service shall record all complaints, including date, Ftime, com- 14 PS -05-06-09 Temporary Din andlloll =Box Solld Waste Agreenunt Between the City of Santa Clarita and Consolidated Disposal Service Gplainant's name and address (if the complainant is willing to give this information) and the na- ture. and date and manner of resolution of complaint, in a computerized daily Service Com- plaint Lou. Any such calls received via Consolidated Disposal Service's answering service shall be recorded in the log and responded to not later than the next collection day on that route. The Service Complaint Log shall be available for review by City representatives during Con- solidated Disposal Service's office hours and be available for transmission to City as an at- tachment to e-mail. Consolidated Disposal Service shall provide a copy of this Service Com- plaint Log to the City with the Quarterly Reports. In the case of a complaint cf a missed collection, Consolidated Disposal Service shall make the collection on the day of the call if the call is received before one p.m. and on the next collection day if the complaint is received after one p.m. Section 11. Ownership of Solid Waste Ownership and the right to possession of Temporary Bin and Roll -Off Solid Waste placed for collection shall transfer directly from the service recipient to Consolidated Disposal Service, by operation of law and not by virtue of this Agreement. At no time does the City ob- tain any right of ownership or possession of Temporary Bin and Roll -Off Solid Waste or any OHazardous Waste illicitly placed for collection in a Biz;, and nothing in this Agreement shall be construed as giving rise to any inference that City has any such rights, Section 12. Marketing and Diversion of Recyclable Solid Wastes Consolidated Disposal Service agrees to market all Recyclable Solid Wastes collected . from Commercial recycling programs developed pursuant to this Agreement at their reasonable fair market value, if a fair matket.value has been established in the marketplace at the time of marketing. Consolidated Disposal Service agrees to divert all Temporary Bin and Roll -Off Solid Waste from disposal in landfills or transformation facilities, to the extent feasible, and to obtain maximum diversion credit. Section 13. Billing A. Billing and Payment. Consolidated Disposal Service shall bill all service recipi- ants. Bills to Temporary Bin and Roll -Off Solid Waste service recipients shall be itemized, showing charges for each classification of service, but shall not designate that portion of the bill -attributable to the Franchise. Fee as a separate item. Consolidated Disposal Service agrees to include all applicable fees imposed by action of the City Council, including, but not limited to fees for compliance with the Act in its bills submitted to service recipients. Billing may be I,, 15 PS -05-06-09 Temporary Bin and Roll -Off Box Solid Waste Agreement Between the City or Santa Clarita mid Consolidated Disposal Service monthly, bimonthly or quarterly, in advance, as Consolidated Disposal Service and service re- cipients may agree. B. Delinquent Accounts. Consolidated Disposal Service may discontinue service as set forth in this section. Service recipients who have not remitted required payments within 30 days after the date of billing shall be notified in writing (or by electronic mail if the service re- cipient agrees) by Consolidated Disposal Service. The notification shall contain a statement that services may be discontinued and Bins removed 15 days from the date of notice if payment is not made before that time. Upon receipt of the delinquent payment, Consolidated Disposal Service shall resume collection on the next regularly scheduled collection day. C. Refunds, Consolidated Disposal Service shall refund to each service recipient, on a pro rasa basis, any advance service payments made by such service recipient for service not yet provided when service is discontinued by the service recipient. A Franchise Fee. Each month during which Consolidated Disposal Service provides collection services pursuant to this Agreement, Consolidated Disposal Service shall pay to City a Franchise Fee. The Franchise Fee shall be, five percent of Gross Revenues, collected during each month of the term of this Agreement during which collection services were provided. This Franchise Fee shall be. paid by noon on or before the 15th calendar day after the end of each calendar month during which collection services were provided pursuant to this Agreement. Accompanying each monthly payment shall be an accounting of the Gross Revenues for the corresponding month. Failure of Consolidated Disposal Service to make any payment within the appropriate time period shall result in interest accruing thereon at the maximum rate permit- ted under California law, in addition to all other remedies of City pursuant to this Agreement. Section 14. Consolidated Disposal Service's Books and Records; Audits A, In addition to the requirements of Sections 9.C, above, and 163 and ITH, below, Consolidated Disposal Service shall maintain all records relating to the services provided here- under, including, but not limited to, all costs included in the Collection and Disposal Compo- nents, customer lists, billing records, maps, records *substantiating the information furnished by Consolidated Disposal Service to City pursuant to Section 16 of this Agreement and service recipient complaints for the period during which collection services are to be provided pursuant to this Agreement and an additional period of not less than three (3) years, or any longer period required by law. The City shall have the right, upon five (5) business days advance notice, to inspect, copy and audit all records relating to this Agreement, including, but not limited to, ser- vice recipient lists, billing records, maps, and customer complaints, Such records shall be made available to City at Consolidated Disposal Service's regular place of business, or other place agreed to by City and Consolidated Disposal Service, within the County of Los Angeles. M PS -05-06-09 0 n Temporary Bin andRoB-Off Box Solid Waste Agrednant Betweezi the City of Santa Clarita and Consolidated Disposal Service OB. Should any examination or audit of Consolidated Disposal Service's records reveal an underpayment of any fee required to be paid to City under this Agreement, the amount of such underpayment, plus interest at the maximum rate permitted under California law, shall become due •and payable to City not later than thirty days after written notice of such under- payment is provided to Consolidated Disposal Service by City. Should an underpayment of more than one percent (1%) be discovered, Consolidated Disposal Service shall bear the entire cost of the examination or audit. 01 Section 15. Integrated Waste Management Act; Reporting Requirements A. Consolidated Disposal Service -City Cooperation. Consolidated Disposal Service shall cooperate with City in Temporary Bin and Roll -Off Solid Waste Disposal Characteriza- tion Studies and waste stream audits and shall implement measures adequate to achieve the di- version goals set forth in its proposal. (See also Sections 17.13, 20•E,7 and 22.C, below.) During the period during which collection services are to be provided pursuant to this Agreement, Consolidated Disposal Service, at no expense to City, shall submit to City all relevant informa- tion and reports required to meet the reporting obligations imposed by the CIWMB under the Act, as amended. Consolidated Disposal Service agrees to submit such reports and information by email or on computer discs, in a format acceptable to City at no additional charge, if re- quested by City B. Change in AB 939: This Agreement is part.of City's efforts to comply with the provisions of the Act as it may be amended and as implemented by the regulations of the Cali- fornia Integrated Waste Management Board, or its successor agency, as they may be amended,, and the City's Source Reduction and Recycling Component, as it may be amended. In the event that the Act or other state or federal laws or regulations enacted or amended after this Agree- ment has been executed, prevent or preclude dompliance with one or more provisions of this Agreement, or.significantly increase or decrease Consolidated Disposal Service costs, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. Section 16. Activities and .Financial Reports; Adverse Information Quarterly Reports, Consolidated Disposal Service, at no additional expense, shall submit to the City such information or reports in such forms and at such times as the City rea- sonably may request or require, including, but not limited to the following, submitted not less often than as indicated: 1. Quarterly Reports. Quarterly Reports shall be submitted to City, transmitted (� in a format acceptable to City, as an attachment to e-mail or by disc, at �J City's option. Quarterly Reports shall include the following: 17 pS-05-06-09 Temporary Bin and Roll -Off Boa Solid waste AgreenientBetween the City of Santa Clarita and Consolidated Disposal Semi cc a) Solid Waste Tonnage and Complaints. (1) The quarterly report shall show the number of tons collected each month and the tonnage delivered to disposal facilities, itemized by disposal facility. A copy of the customer com- plaint log shall be submitted with the quarterly report not later than fifteen days after the close of the calendar quarter. b) Recyclable Solid Waste: (1) A statement showing, by type of material, tons received dur- ing the month and tons marketed during each month. (2) A report providing recycling information and the number of service recipients participating. (3) A narrative description of problems encountered and actions talten, including efforts to deter and prevent Scavenging. This is to include a description of tons rejected for sale after proc- essing (type of material, tannage), reason for rejection and Consolidated Disposal Service's disposal method for the re- jected materials. (4) A report of recycling program promotional activities, includ- ing materials distributed by Consolidated Disposal Service to its service recipients. c) Inert Wastes Diversion Reports, A report of "inert wastes" (rock, concrete, brick, sand, soil, ceram- ics and cured asphalt) removed from the waste stream and not dis- posed of in a solid waste landfill, but instead, placed on property where surface mining operations are being or have been conducted, and which may be deducted from the amount of solid waste re- quired to be reported by. the City to the CIWMB. See Public Re- sources Code § 41821,3.(b), if PS -05-06-09 Temporary BIn and Ball -Off Box Solid Waste AgreetnontBetween the City of Santo Ciaritn mid Consolidated Disposal Service d) Hazardous and Universal Waste Diversion Reports: A copy or summary of the records required by Section 9.C, above, ' e) Certification: Consolidated Disposal Service will provide a certification statement, under penalty of perjury, by the responsible cor- porate official, that the report is true and correct. , B. Annual Report. By January 31st, beginning in 2007 and each year thereafter that collection services are provided pursuant to this Agreement, Consolidated Disposal Service shall submit to City a written year-end Annual Report in a form approved by the City. The An- nual Report shall include the following information for the year ending on the preceding De- cember 31st: 1. General Information, General information about Consolidated Disposal Ser -vice, including a list of Consolidated Disposal Service's officers and mem- bers of its board of directors. A copy of Consolidated Disposal Service's most recent annual and other periodic public financial reports and those of each of its subsidiaries and affiliated corporations and other entities if any, performing services under this Agreement, as the City, following consulta- tion with Consolidated Disposal Service, may request. 2. Prior T'ear's Activities, A.cumulative summary of the Quarterly Reports and information and statistics with respect to City's compliance with AB 939. 3. Recommendations. Changes in integrated waste management, including pro- jections and proposed implementation dates and costs, recommended by. Consolidated Disposal Service and recommended amendments to the City's Source Reduction and Recycling Component or this Agreement, based on developments in applicable law or technology. Consolidated Disposal Ser- vice's recommendations with respect to compliance with AB 939 shall state the specific requirement of AB 939 that the implementation of the recom- mendation is intended to satisfy, G Reporting Additional Matters. Consolidated Disposal Service sliall provide City two copies (one to the City Manager, one to the City Attorney) of all correspondence, reports, O ..pleadings, applications, notifications, Notices of Violation, communications or other material relating specifically to Consolidated -Disposal Service's performance of Services pursuant to this Agreement, submitted by Consolidated Disposal Service to, or received by Consolidated 19 PS -05-06-09 Temporary Bhi and Roa•Off Box Solid waste Agreencat Behvecn the City of Santa Clarita and Consolidated Disposal Service Disposal Service from, the United States or California Environmental Protection Agency, the California Integrated Waste Management Board, or its successor agency, the California Air Re- sources Board, the South Coast Air Quality Management District, any California Regional Wa- ter Quality Control Board, the California Department of Toxic Substances Control, or its suc- cessor, the Fair Political Practices Commission, the cognizant Local Enforcement Agency, or its successor, the Securities and Exchange Commission or any other federal, state or county agency, including any federal or state court. Copies shall be submitted to City simultaneously with Consolidated Disposal Service's filing or submission of such matters with said agencies. Consolidated Disposal Service's routine correspondence to said agencies need not be routinely submitted to City, but shall be made available to City upon written request. D. Submission of Reports. Reports shall be submitted to: City Manager City of Santa Clarita 23920 Valencia Blvd., Suite 300 Santa Clarita, California 91355 E. Failure to Report. The refusal or failure of Consolidated Disposal Service to file any required reports, or to provide required information to City, or the inclusion of any materi- ally false or misleading statement or representation by Consolidated Disposal Service in such report shall be deemed a material breach of the Agreement and shall subject Consolidated Dis- posal Service to all remedies which are available to the City under the Agreement; provided, that the City must follow the dispute resolution provisions of this Agreement before declaring any material breach. F. Costs. All reports and records required under this Agreement shall be furnished at the sole expense of Consolidated Disposal Service. G. City's Right to Request Information. The City believes and Consolidated Dis- posal Service agrees that cooperation between City and Consolidated Disposal Service is criti- cal to the success of this program. City reserves the right to request, and Consolidated Disposal Service agrees to provide, additional information reasonably and directly pertaining to this Agreement on an "as -needed" basis. H. CERCLA Defense Records. City views the ability to defend against CERCLA and related litigation as a matter of great importance. For this reason, the City regards the ability to prove where solid waste attributed to sources within the City was taken, as well as where it was not taken, to be matters of concern. Consolidated Disposal Service shall maintain data retention and preservation systems, which can establish where solid waste collected in the City pursuant to this Agreement was landf Eed (and.thelefore establish where it was not landfilled) and a copy or summary of the reports required by Section 9.C, above, for fifty years after the term 20 PS -06.06-09 C) . To,Bpotary Btn and Roa-Orf Dox SoBd Waste Agreeinent Between the City or Santa Ciaritn And Consolidated Disposal Sedan i� during which collection services are to be provided pursuant to this Agreement and to notify City's Risk Manager and City Attorney before destroying such records. This provision shall survive the expiration of the,period during which collection services are to be provided under this Agreement, Section 17. Indemnification and Insurance A, Indemnification. Consolidated Disposal Service, upon demand of the City, made by and through the City Attorney, shall protect City and appear in and defend the City and its elected officials, officers, employees and agents, in any claims or actions by third parties, whether judicial, administrative or otherwise, including, but not limited to disputes and litiga- tion over the definitions of "solid waste" or "Recyclable .Material" or the limits of City's au- thority with respect to the grant of Licenses, or agreements, exclusive or otherwise, asserting rights under the dormant Commerce Clause or any other federal or state law, including, but not limited to the anti-trust Iaws,'and continuation rights, with respect to the provision of Solid Waste services in the City pursuant to this Agreement. This provision shall survive the expira- tion of the period during which collection services are to be provided under this Agreement, City and Consolidated Disposal Service agree to confer following any trial to decide jointly whether to appeal or to oppose any appeal. In the event City and Consolidated Disposal Service agree to appeal, or to oppose any appeal, City and Consolidated Disposal Service agree to share equally the costs of appeals. Should either City or Consolidated Disposal Service decide to ap- peal, or to oppose an appeal, and the other decide not to appeal, or to oppose an appeal, the party which decides to appeal, or to oppose an appeal, shall bear all fees and costs of the appeal or the opposition to the appeal. B, Environmental Indemnification and Compliance. Consolidated Disposal Service' shall indemnify, defend, protect and hold harmless City, its elected officials, officers, employ- ees, volunteers, agents, assigns and any successor or successors to. City's interest from and against all claims, actual damages (including but not limited to special and consequential dam- ages), natural resources damages, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or adminis- trative proceedings, interest, fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suf- femil by, or asserted against, City or its elected, officials, officers, employees, volunteers or agents arising from or attributable .to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure of other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Waste in any Solid Waste collected by Consolidated Disposal Service pursuant to this Agreement, which is or has O been transported, transferred, processed, stored, disposed of or which has otherwise come to be located by Consolidated Disposal Service, or its activities pursuant to this Agreement result in a release of a Hazardous Waste into the environment. 21 PS -05-06-09 Tenporarp Bin and Roll -Off Box Solid Waste Agreosaeat Batween the Cltp of Santa clarity end consolidated Disposal Service Consolidated Disposal Service further agrees to indemnify, defend, protect and hold harmless City, its elected officials, officers, employees, volunteers, agents, assigns and any successor or successors to City's interest from and against all losses, liabilities, claims, actual damages (including but not limited to special and consequential damages), demands, debts, liens, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penal- ties and expenses (including but not limited to attorneys' and expert witness fees and costs in- curred in connection with defending against any of the foregoing or in enforcing this indem- nity) of any ldnd whatsoever paid, incurred or suffered by, or asserted against, City or its elected officials, officers, employees, volunteers or agents arising from or attributable to any failure by Consolidated Disposal Service to fully comply with all applicable laws and regula- tions with respect to the operation of its collection vehicles, including, but not Iimited to appli- cable rules governing clean -burning and alternative fuel vehicles. C. Effect of Environmental Indemnification. This indemnity is intended to operate as an agreement pursuant to § 107(e) of the Comprehensive Environmental Response, Com- pensation and Liability Act, "CERCLA," 42 U.S.C. § 9607(e), and California health and Safety Code § 25364, to defend, protect, hold harmless and indemnify City from all forms of liability under CERCLA, RCRA, other statutes or common law for any and all matters ad- dressed in Section 17.B. This provision shall survive the expiration of the period during which collection services are to be provided under this Temporary Bin and Roll -Off Agreement. D. Compliance with Laws. Consolidated Disposal Service warrants that it will comply with all applicable laws and implementing regulations, as they may be amended, specifically including, but not limited to RCRA, CERCLA, AB 939, the California Electronic Waste Recy- cling Act of 2003, as amended (SB20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher, Chap- ter 863, Statutes of 2004) and all other applicable laws and regulations of the U.S, Environ- mental Protection Agency, the State of California, the County of Los Angeles, the California Air Resources Board, the South Coast Air Quality Management District, the California Inte- grated Waste Management Board, the California Department of Toxic Substances Control, or- dinances of the City and the requirements of Local Enforcement Agencies and all other agen- cies with jurisdiction. E. Diversion Performance Levels; Indemnification. Consolidated Disposal Service agrees to meet the diversion levels set forth in its proposal for the waste stream covered by this Agreement. Consolidated Disposal Service agrees that failure to achieve that diversion level or other applicable diversion requirements of the California Integrated Waste Management Board, (" CIWMB"), or its successor agency, shall be a material breach of this Agreement. In fhe event of a determination by the CIWMB or City that City has failed or will fail to meets its diversion goal performance level, Consolidated Disposal Service shall have an opportunity to cure the material breach. See also §§ 15.A, above, and 20.E3 and 22,C, below. 22 PS -05-06-09 Temporary Bin and Roll•Off Box Solid Waste Agreement Batiysea the City of Santa Clariia and Consolidated Disposal service \J F, Workers' Compensation Insurance. Consolidated Disposal. Service shall obtain and maintain in full force and effect throughout the entire term of this Agreement full workers' compensation insurance in accord with the provisions and requirements of the Labor Code of the State of California. Copies of policies and endorsements that implement the required cover- age shall be filed and maintained with the City Clerk throughout the term of this Agreement. The policy providing coverage shall be amended to provide that the insurance shall not be sus- pended, voided, canceled, reduced in coverage or in limits except after thirty days' prior written notice by certified mail, return receipt requested, has been given to City. The policy shall also be, amended to waive all rights of subrogation against the City, its elected or appointed offi- cials, employees, or agents for losses which arise from work performed by the named insured for the City. G. Liability and Vehicle Insurance. Consolidated Disposal Service shall obtain and maintain in full force and effect throughout the entire term of this Agreement a Broad Form Comprehensive General Liability (occurrence) policy (form CO 0001) and a Insurance Services Office form number CA 0001 (Ed, 1/87) covering Automobile Liability, Code 1 (any auto) pol- icy with minimum limits of TWO MILLION DOLLARS ($2,000,000.00) aggregate and ONE MILLION DOLLARS ($1,000,000,00)'pw ooeturence, per year. Said insurance shall protect Consolidated Disposal Service and City from any claims for damages for bodily injury, includ- ing accidental death, as well as from any claims for property damage which may arise from this Agreement. Copies of the policies and endorsements evidencing the above required insurance coverage shall be filed with the City Clerk. The following Ianguage is required to be made a part of all of the insurance policies required by this Section: "The City of Santa Clarita, its employees, agents, franchisees and officers, are hereby added as insureds as respects to liability arising out of activities performed by or on behalf of Consolidated Disposal Service "This policy shall be consid- ered primary insurance as respects any other valid and collectible insurance the City may possess including any self-insured retention the City may have and any other insurance the City does possess shall be considered excess insurance and shall not contribute with it" "This pol'i'cy shall act for each insured, as though a separate policy had been writ- ten for each; This, however, will not act to increase the limit of liability of the in- suring company." 'Thirty days' prior written nofice by certified mail, return receipt requested, shall be given to the City in the event of suspension, cancellation, reduction in cover- O age or in limits or non -renewal of this policy for whatever reason. Such notice shall be sent to the City Manager, City Attorney and City Cleric" 23 PS -05-06-09 Tmnporary Bin and Roll -Off Box Solid Waste ABreeruent Betn'con t1le city of Santa Clarlto and Consolidated Disposal Service The insurance required by this Agreement shall be with insurers which are Best A: VII -rated and which are Califomia-admitted. The limits of such insurance coverage, and companies, shall be subject to review and approval by the City's Risk Manager every year and may be increased at that time and match the coverage provided by the City's own liability insurance policy. The City shall be included as a named insured on each of the policies. The insurance required by this Agreement is in addition to and not in lieu or limitation of the indemnification provisions in Section 17.A, 173 and 17.C, above. H. Evidence of Insurance Coverage; Insurance Repository. Contemporaneously with the execution of this Agreement, Consolidated Disposal Service shall file copies of the policies or executed endorsements evidencing the above required insurance coverage with the City Cleric. In addition, City shall have the right of inspection of all insurance policies required by this Agreement. Consolidated Disposal Service also agrees to establish an insurance policy repository and to maintain copies of insurance policies required pursuant to this Agreement for one hun- dred years (100 years) after the end of the term during which collection services were provided pursuant to this Agreement. Consolidated Disposal Service shall notify City's Risk Manager and City Attorney before destroying copies of such policies. This provision shall survive the expiration of the period during which collection services are to be provided under this Agree- ment, I. Self -Insurance. To the extent provided by law, all or any partof any required insur- ance may be provided under a plan of self-insurance approved by the State of California, J. Reduction of CERCLA and Other Liability. City and Consolidated Disposal Ser- vice agree to meet annually in. the fourth calendar quarter of each year to discuss ways to re- duce potential CERCLA and other liabilities to third parties. Section 18. Cash Bonds. Concurrent with the execution of this Agreement, Consolidated Disposal Service shall deposit with City a cash deposit or an irrevocable letter of credit or other such document (the "Cash Bond"), from an institution satisfactory to City, in a form satisfactory to City's Risk Manager and City Attorney, evidencing an irrevocable commitment to City, in the amount of TWENTY THOUSAND DOLLARS ($20,000.00), guaranteeing Consolidated Disposal Ser- vice's faithful performance of the terms of this Agreement. Such Cash Bond shall be main- tained in effect tln:oughout the period during which collection services are to be provided pur- suant to this Agreement. 24 PS -05-06-09 • •Temporary Bin and Roll -Off Box 8olld waste Agreement Between the City of Santa Clarita and Consolidated Disposal Service A. Upon Consolidated Disposal Service's failure to pay the City an amount owing un- der this Agreement, the Cash Bond may be assessed by the City, for purposes including, but not limited to: 1. Failure of Consolidated Disposal Service to pay the City sums due under the terms of the Agreement; 2. Reimbursement of costs borne by the City to correct Agreement violations not corrected by Consolidated Disposal Service, after due notice; I Monetary remedies or damages assessed against Consolidated Disposal Ser- vice. flue to breach of this Agreement; or 4. To satisfy an order of the referee B. Consolidated Disposal Service shall deposit a sum of money or a replacement in- strument sufficient to restore the Cash Bond to the original amount within thirty days after no- tice from the City that any amount has been withdrawn from the Cash Bond. O C. All of City's costs of collection and enforcement of the provisions relating to the r Cash Bend called for by this Section, including City's attorneys' fees and costs, shall be paid by Consolidated Disposal Service Section 19. Emergency Service A. Should Consolidated Disposal'Service, for any reason whatsoever, except the occur- rence or existence of any of the events or conditions set forth in Section 24:A, "Force Ma- ,joure," below, refuse or be unable for a period of more than forty-eight (48) hours, to collect a material portion or all of the Temporary Bin and/or Rall -Off Solid Waste, or both, which it is obligated under this Agreement to collect, and as a result, Temporary Bin and Roll -Off Solid Waste should accumulate -in City to such anextent, in such a manner, or for such a time that the City Manager, in the exercise of the City Manager's sole discretion, should find that such ac- cumulation endangers or menaces the public health, safety or welfare, then City shall have the right to contract with another solid waste enterprise to collect and transport any or all Tempo- rary Bin and Roll -Off Solid Waste which Consolidated Disposal Service is obligated to collect and transport pursuant to this Agreement.. City shall provide twenty-four (24) hours prior writ- ten notice to Consolidated Disposal Service during the period of such emergency, before con- tracting with another solid waste enterprise to collect and transport any or all Temporary Bin O and Roll -Off Solid Waste which Consolidated Disposal Service would otherwise collect and transport pursuant to this Agreement, for the duration of period during which Consolidated Disposal Service is unable to provide such services. In such event Consolidated Disposal Ser - 25 PS -05-06-09 Temporary Bin and Roll -Off Box Solid Waste Agreement Between the City of Santa elarlto and consolidated Disposal Service vice shall identify sources from which such substitute solid waste services are immediately available, and shall reimburse City for all of its expenses for such substitute services during pe- riod in which Consolidated Disposal Service is unable to provide collection and transportation services required by this Agreement. See also § 24.A, below. B. Consolidated Disposal Service shall assist City in the event of terrorist attack or ma- jor disaster, such as an earthquake, storm, not or civil disturbance, by providing collection ve- hicles and drivers normally assigned to the City, at Consolidated Disposal Service's actual costs. Disputes with respect to Consolidated Disposal Service's emergency services or die costs of those services shall be resolved according to the dispute resolution provisions of Sections 20 and 21 of this Agreement. Consolidated Disposal Service shall cooperate with City, county, state and federal officials in filing information related to a regional, state or federally -declared state of emergency or disaster or terrorist attack as to which Consolidated Disposal Service has provided equipment and drivers pursuant to this Temporary Bin and Roll -Off Agreement. Section 24. Administrative Remedies; Imposition of Damages; Termination A. Notice; Response; Resolution; Appeal. 1. Notice of Deficiencies: Response. If City's Environmental Services Division Manager, or the Manager's designee (collectively, the "Manager") deter- mines that Consolidated Disposal Service's performance pursuant to this Agreement may not be in conformity with the provisions of this Agreement, the California Integrated Waste Management Act (including, but not limited to, requirements for diversion, source reduction and recycling as to the waste stream subject to this Agreement) or any other applicable federal, state or lo- cal law or regulation, including but not limited to, the laws governing trans- fer, storage or disposal of solid and Hazardous Waste, the Manager may ad- vise Consolidated Disposal Service in writing of such suspected deficiencies, specifying the deficiency in reasonable detail. The Manager, in any written Notification of Deficiencies, shall set a reasonable time within which Con- solidated Disposal Service is to respond. Unless the circumstances necessi- tate correction and response within a shorter period of time, Consolidated Disposal Service shall correct any deficiencies it agrees have occurred and in any event shall respond to the written Notification of Deficiencies within thirty days from the receipt by Consolidated Disposal Service of such writ- ten notice, Consolidated Disposal Service may request additional time to correct deficiencies. City shall approve reasonable requests for additional time. 26 PS -05.06-09 Taaapdrary Bin and Roll -Off Box Solid WasteA6reemont Between the City or Santa Clarita and Consolidated Disposal Service ' 2. Review by Manager; Notice of Appeal. a) The Manager shall review any written response from Consolidated Disposal Service and decide the matter. If the Manager's decision is adverse to Consolidated Disposal Service, the Manager may order remedial actions to cure any deficiencies, -assess the Cash Bond or invoke any other remedy in accordance with this Agreement and, in the event the Manager determines that there has been a material breach and that termination is the appropriate remedy, terminate the Agreement. The Manager shall promptly inform Consolidated Dis- posal' Service of the Manager's decision. In the event the decision is adverse to Consolidated Disposal Service, the Manager shall inform Consolidated Disposal Service, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions- of the Agreement or other laws for the Manager's decision and any reme- dial action taken or ordered. An adverse decision by the Manager shall be final and conclusive unless Consolidated Disposal Service files a "Notice of Appeal" with the City Clerk (with copies to the City Manager and City Attorney) within 30 days of receipt of the no- Otification of the adverse decision by the Manager. b) In any "Notice of Appeal" Consolidated Disposal Service shall state its factual contentions and include all relevant affidavits, documents, photographs and videotapes which Consolidated Disposal- Service desires to have considered by City. In addition, Comalldated-Dis- posal Service shall include all of its legal contentions, citing provi- sions of the Agreement or other laws to support its contentions. 3. Review by Cityanagen Ap>l eal. a) Within thirty days of receipt by the City Cleric of a Notice of Appeal, the City Manager shall decide the matter. If the City Manager's deci- sion is adverse to Consolidated Disposal Service, the City Manager may order remedial actions to cure any deficiencies, assess the Cash Bond or invoke any other remedy in accordance with this Agreement and, in the event the City Manager determines that thele has been a material breach and that termination is the appropriate remedy, ter- minate the Agreement, In addition to the foregoing actions, the City O Manager may refer the matter to the City Council for proceedings in accordance with Section 203 and 20.C, below, or refer the matter di- rectly to a referee for proceedings in accordance with Section 21, be - 27 PS -05-06-09 Temporary Bin mid Roll -off Box Solid waste Agreement Between the City of Santa Marlin and Consolidated Disposal Sar lce low. The City Manager shall promptly inform Consolidated Disposal Service of the City Manager's decision. In the event the City Man- ager's decision is adverse to Consolidated Disposal Service, the City Manager shall inform Consolidated Disposal Service, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the City Manager's decision and any remedial action taken or ordered. b) An adverse decision by the City Manager shall be final and conclu- sive unless Consolidated Disposal Service files a "Notice of Appeal to the City Council" with the City Clerk (and serves a copy, by mail, on the City Manager and the City Attorney) within 10 calendar days of receipt of the decision of the City Manager. A "Notice of Appeal to the City Council" shall state the factual basis, the evidence relied on and all legal contentions which Consolidated Disposal Service may choose to submit. No new evidence not previously submitted in accordance with Section 20.A.1.b) may be submitted. B. City Council Hearing. If a matter is referred by the City Manager to the City Council, or an adverse decision of the City Manager is appealed to the City Council by Con- solidated Disposal Service, the City Council will set the matter for an administrative hearing and act on the matter, or refer the matter to a referee as provided in Section 21, below. If the City Council elects to hear the matter, the City Clerk shall give Consolidated Disposal Service fourteen (14) days written notice of the time and place of the administrative hearing, At the hearing, the City Council shall consider the administrative record, consisting of the following: 1. A Staff Report by the City Manager, summarizing the proceedings to date and outlining the City Council's options; 2. The Manager's written Notification of Deficiencies; 3. Consolidated Disposal Service's response to the Notification of Deficien- cies; 4. The Manager's written notification to Consolidated Disposal Service of ad- verse decision; 5. Consolidated Disposal Service's Notice of Appeal to the City Manager; 6, The City Manager's written notification to Consolidated Disposal Service of adverse decision; and 28 PS -05-06-09 Temporary Bin mid Roll -Off Box Solid waste Agrecmont Between ilia City of Banta Clarita and Consolidated I)4osal Servim i 7. Consolidated Disposal Service's Notice of Appeal to the City Council. No new legal issues may be raised, nor may new evidence be submitted by Consolidated Dis- posal Service at this or at any further point in the proceedings, absent a showing of good cause. Consolidated Disposal Service's representatives and other interested persons shall have a rea- sonable opportunity to be heard. C. City Council Determination. Based on the administrative record, the Council shall determine by resolution whether the decision or order of the City Manager should be upheld. A tie vote of the City Council shall be regarded as upholding the decision of the City Manager. If, based upon the administrative record, the City Council determines that Consolidated Disposal Service is in breach of any term of this Agreement or any provision of any applicable federal, state or local statute or regulation, the City Council, in the exercise of its discretion, may order Consolidated Disposal Service to take remedial actions to cure the breach or impose any other remedy in accordance with this Agreement. The City Council may not terminate the Agreement unless it determines that Consolidated Disposal Service is in material breach of a material term of this Agreement or any material provision of any applicable federal, state or local statute or regulation, Consolidated Disposal Service's performance under the Agreement is not excused O during the period of time prior to a final determination as to whether or not, Consolidated Dis- posal Service's performance is in material breach of this Agreement, or the time set by City for Consolidated Disposal Service to discontinue a portion or all of its services pursuant to this Agreement. The decision or order of the City Council shall be final and conclusive unless Con- solidated Disposal Service files a "Notice of Appeal to Referee" with the City Cleric (and serves copies, by mail, on the City Manager and the City Attorney) within 10 business days of receipt of the decision or order of the City Council. With the exception of draws on the Cash Bond, the execution of City's remedies shall be stayed until Consolidated Disposal Service has exhausted its appeals under Sections 20 and 21 of this Agreement. D. Notice of Appeal to Referee. Except as otherwise provided in this Agreement, Consolidated Disposal Service may appeal any decision, order or action by the City Council or City Manager under this Section 20, as provided in Section 21, below, by filing a Notice of Appeal to Referee with the City Clie k within ten business days of receipt of the decision by the City Manager or City Council and following the procedures set forth in .Section 21, below, A decision of the City Manager to refer a matter directly to a referee without first refariing it to the City Council, may not be appealed, E. Reservation of Rights by City. City further reserves the right to terminate this Agreement in the event of any material breach of this Agreement, including, but not limited to Oany of the following: M PS -05-06-09 Temporary Bin and Roll•Off Boz Solid Waste Agreement Between the City of Santa Clarita and consolidated Dispose Service 1. If Consolidated Disposal Service practices, or attempts to practice, any fraud or deceit upon the City, or practiced any fraud or deceit or made any inten- tional misrepresentations in its proposal or the negotiations which preceded the execution of this Agreement; 2. If Consolidated Disposal Service becomes insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor of Consolidated Disposal Service in a bankruptcy proceeding; If Consolidated Disposal Service fails to provide or maintain in full force, effect and amount, the workers compensation, liability and indemnification coverage and Cash Bonds required by this Agreement; 4. If Consolidated Disposal Service violates any orders or rulings of any regu- latory body having jurisdiction over Consolidated Disposal Service relative to this Agreement, in any material manner, provided that Consolidated Dis- posal Service may contest any such orders or rulings by appropriate proceed- ings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred until a final decision adverse to Consoli- dated Disposal Service is entered; 5. If Consolidated Disposal Service ceases to provide collection service as re- quired under this Agreement over a substantial portion (more than 100/c of any route) of the Commercial area of the City of Santa Clarita for a period of two (2) calendar days or more, for any reason within the control of Consoli- dated Disposal Service; 6. If Consolidated Disposal Service fails to make any payments required under this Agreement or refuses to provide City with required information, reports or test results as to a material matter in a timely manner as provided in this Agreement; If Consolidated Disposal Service fails to achieve the diversion goals set forth in Consolidated Disposal Service's proposal. In the event that the California Integrated Waste Management Boatel, or its successor agency, or City de- termines that Consolidated Disposal Service has failed to meet the diversion goals set forth in its proposal, Consolidated Disposal Service shall have an opportunity to cure this material breach, within time allotted by the CIWMB, its successor agency, or City, as appropriate. See also Sections 15.A and 173, above, and Section 22.C, below. 30 PS -05-06-09 n Temporary Bin and Roll -Off Dox Solid 4Vnsto Agroemetrt Detwoon the City of Santa Clarita and Consolidated Disposal Service 8 Any other act or omission by Consolidated Disposal Service which mateli- ally violates the terms, conditions or requirements of this Agreement and which isnot corrected or remedied within the time set forth in the written Notification of Deficiencies or if Consolidated Disposal Service cannot rea- sonably correct or remedy the breach within the time set forth in such notice, if Consolidated Disposal Service should fail to commence to correct or rem- edy such alleged deficiencies within the time set forth in such notice and diligently effect such correction or remedy thereafter. F. Cumulative Rights. City's rights of termination are in addition to any other lights of City upon'a failure of Consolidated Disposal Service to perform its obligations under this Agreement. Section 21. Referral to Referee; Aearing Procedures Either patty to this Agreement at any time after exhaustion of administrative remedies, and following the appeal procedure set forth in Section 20, if applicable, may refer a disputed matter for resolution under this Section 21 in the following manner. OA. Applicability. If either the City Manager or the City Council refers a matter to a referee, or Consolidated Disposal Service appeals or refers a matter to a referee, the provisions of this Section shall apply in order to obtain prompt and expeditious resolution of any and all disputes arising out of this Agreement. S. Reference of Dispute. Any dispute'seeking damages and any dispute seeldng equi- table relief, such as. but not limited to specific enforcement of any provision hereof, shall be heard and determined by a referee pursuant to California Code of Civil Procedure §§ 638- 645.1. The venue of any proceeding hereunder shall be in Los Angeles County, California. 1. Procedure for Appointment. Thal patty seeldng to resolve the dispute shall file in court and serve, on the other party a complaint describing the matters in dispute. Service of the complaint shall be as prescribed by law. Within not more than fifteen business days after the date of service, the parties shall ap- ply to the Judicial Arbitration and Mediation Service ("JAMS") of Los An- geles County to nominate a minimum of five prospective referees. If the par- ties are unable to approve a referee from the JAMS panel within ten business days after written request to do so by any party, then the parties, starting with Consolidated Disposal Service, shall alternate in striking one prospec- tive referee at a time until only one referee remains. 31 PS -05-06-09 Temporary Bin and Roll -Off Box Solid Waste Agreement Betwono the City ofSmda Clarity and Consolidated Disposal service 2. Ex Parte Communications Prohibited. Neither party may communicate separately with the referee after the referee has been selected. All subsequent communications between a party and a referee shall be delivered simultane- ously to the other party. This provision shall not apply to communications wade to schedule a hearing or request a continuance, or to confidential me- diation or settlement briefs when submission of such is agreed to by the par- ties and the referee. 3. Cooperation. The parties shall cooperate diligently with one another and the referee and shall peiform such acts as may be necessary to obtain a prompt and expeditious resolution of the dispute. If either party refuses to cooperate diligently, and the other party, after first giving notice of its intent to rely on the provisions of this Section 21, incurs additional expenses or attorneys' fees solely as a result of such failure to diligently cooperate, or incurs ex- penses or attorneys fees and costs as a result of the other party's violation of Code of Civil Procedure § 128.5, the referee may award such additional ex- penses and attorneys' fee to the party giving such notice, even if such party is not the prevailing party in the dispute. 4. Discovery. The referee shall set a discovery schedule and shall schedule the matter for hearing within 60 days of filing, unless City and Consolidated Disposal Service agree otherwise, or unless the referee shall determine oth- erwise, Any party to the hearing may issue a request to compel reasonable document production from the other patty, subject to the limitations of Sec- tion 20, limiting evidence to the administrative record. Disputes concerning the scope of document production and enforcement of document requests shall be subject to agreement by the parties, or if agreement is not reached within twenty (20) days of a document request, than by disposition by order of the referee. Any document request shall be subject to the proprietary rights and rights of privilege of the parties, and the referee shall adopt proce- dures to protect such rights. Except as may be agreed by the parties, or or- dered by the referee, no other form of discovery shall be available to the par- ties. 5. Standards for Decision. The provisions of California Code of Civil Proce- dure, §§ 640, 641, 642, 643, 644 and 645 shall be applicable to dispute reso- lution by a referee hereunder. In an effort to clarify and amplify the provi- sions of California Code of Civil Procedure, §§ 644 and 645, the parties agree that the referee shall decide issues of fact and law submitted by the parties for decision in the same manner as required for a trial by court as set forth in California Code of Civil Procedure, §§ 631.8 and 632, and Califor- 32 PS -05-06-09 Temporary Bin and Roll -Off Box 'Solid Waste Agreement Between the City of Santa Clarita and Consolidated Disposal Service Onia Rules of Court, Rule 232. The referee shall try and decide the dispute ac- cording to all of the substantive and procedural law of the state of California, unless the parties stipulate .to the contrary. 6.• Evidence and Findings. The referee shall consider the administrative record, including the Notice of Deficiencies, Consolidated Disposal Service's re- sponse'to the Notice of Deficiencies, the decision of the Manager, the Notice Of Appeal, the decision of the City. Manager, the Notice of Appeal to the City Council, and the decision of the City Council, in addition to other rele- vant evidence. Before issuing findings, the Referee shall submit a proposed ruling, setting forth proposed findings of. fact and conclusions of law, to counsel for the Parties, for comment. When the referee has decided the dis- pute, the referee shall also cause the preparation of a judgment based on said decision. 7. Remedial Authority. A referee to whom a matter is referred shall have the authority to (i) order either party to undertake remedial action to cure the breach and to prevent occurrence of similar breaches in the future; (ii). assess damages and/or levy a penalty consistent with the terms of this Agreement Oor (iii) find there has been no breach, 8. Stay Pending Entry of Final Judgment. Except as provided in Section 20.0 with respect to draws on a Cash Bond, until final judgment is entered from the refexee proceeding under the foregoing provisions and the time for ap- peal or other post judgment petition has expired, the imposition or enforce- ment of any penalties or sanctions provided in this Agreement and related to the subject matter of the hearing shall be stayed. The referee may modify or cancel any proposed penalties or sanctions upon a finding that the party sub- ject thereto acted with substantial justification, or if the interests of justice so require. 9: Allocation of Referee's Costs. The referee's costs for the proceeding shall be apportioned by the referee. The costs of the proceeding shall be borne equally by the parties to the dispute initially, but'the prevailing party in such proceeding shall be entitled to recover reasonable costs of the referee as ap- portioned by the referee. If either party refuses to pay its share of the costs of the proceeding, at the time(s) required, the other, party may do so, in which event that party will be entitled to recover (or offset) the amount advanced, with interest at the maximum rate permitted by law, even if that party is not the prevailing party. The referee shall include such costs. in the judgment or award. 33 PS -05-06-09 Temporary Bin and Roll�Off Box Solid waste Agreement Botween ate City or Santa Clarita and Consolidated Disposal Service C. Decision. The decision of the referee may be excepted to in accordance with Code of Civil Procedure § 645. Section 22. City's Additional Remedies In addition to the City's other remedies, City shall have the following rights: A. Contracts with Others. The light to contract with others to perform the services otherwise to be performed by Consolidated Disposal Service, in the event Consolidated Dis- posal Service should be in material breach of its duties to provide those services, or is other- wise unable to provide the services addressed by this Agreement. B. Damages and/or Injunctive Relief. The right to obtain damages and/or injunctive relief. Both parties recognize and agree that in the event of a breach under the terms of this Agreement by Consolidated Disposal Service, City may suffer irreparable injury and incalcula- ble damages sufficient to support injunctive relief to enforce the provisions of this Agreement and to enjoin the breach. See also § 22.E, below. C. City's Damages for Failure to Achieve Diversion Goals. Consolidated Disposal Service agrees that its failure to achieve the diversion goals set forth in its proposal for the waste stream collected under this Agreement, arising from failure to make reasonable efforts to maximize diversion in accordance with the terms and conditions of this Agreement, or its breach of the requirements of §§ 15.A and 17.13, above, related to waste diversion, shall be a material breach of this Agreement. See also § 20.13.7, above. If the California Integrated Waste Management Board, or its successor agency, were to impose administrative civil penalties against City, then the City's damages for Consolidated Disposal Service's material breach in its failure to achieve the diversion goals for the City as required by this Agreement, shall include, but not be limited to such administrative civil penalties, attorneys' costs and fees and City's staff time devoted to the resolution of the administrative civil penalties against City. D. Rights of City in Event of Certain Misconduct. Notwithstanding any other provi- sion in this Agreement to the contrary, the City shall have the right to terminate this Agreement if any official of Consolidated Disposal Service, or any associated firm or entity, including but not limited to, any parent or subsidiary company involved with the performance or administra- tion of the Agreement is convicted of, or pleads guilty, no contest or nolo contendere to a fel- ony relating to this Agreement or any other agreement for the provision of solid waste services in another City. E. Liquidated Damages. The parties agree that the failure of Consolidated Disposal Service to comply with the requirements of Sections 7.E, F and 0, regarding, respectively, 34 PS -05-06-09 C) C> Temporary Biu and Roll -Off Box Solid Waste Agreement Boliveon the City of Santa Clarita and Co nsoadated Disposal Service L / Graffiti, "Hazardous Waste Prohibited" Markings and Bin Markings, have the potential to / cause great damage to the City, which damages would be difficult to calculate. For that reason, the Parties agree that if, following 24 hours notice identifying the Bin or Bins by address or Bin number (required by Section 7.G, above), Consolidated Disposal Service, is in violation of any requirement of Section 7 E, F or G, above, Consolidated Disposal Service will pay to city $500.00 per Bin, for each day or any part of a day, (excluding Sundays and holidays), in which a Bin was out of compliance with any requirement of Section 7 B, F or G. Section 23. Franchise Transfer; City Consent; Fees A. Consolidated Disposal Service may not convey, assign, sublet, license, hypothecate, encumber of otherwise transfer or dispose of (collectively "Transfer"), this Agreement, the Franchise granted under it or any rights or duties under it, in whole or in part, whether voluntar- ily or involuntarily, without the City's prior written consent as expressed by written resolution of the City Council. Any dissolution, merger, consolidation, or other reorganization of Consoli- dated Disposal Service, except as provided in Sub -Section 23.C, below, any sale or other trans- fer or change in ownership or control of any of the capital stock or other capital or equity inter- ests, or any sale or transfer of fifty percent (50%) or more of the value of the assets shall be. deemed a Transfer of this Agreement,. the Franchise granted under it or any rights or duties un- der it, Any Transfer or attempted Transfer of this Agreement, the Franchise granted under it or any rights or duties under it made without the City's consent will be a material breach of this Agreement and, at the City's option, may be voided. B. The City has no obligation to give its consent to a Transfer of the Franchise granted by this Agreement. The prospective transferee shall have the burden of demonstrating that it has the financial and technical ability to provide the services required under this Agreement. The City may also require the prospective transferee to demonstrate that it, and its officers and managers do not have criminal records for environmental or public integrity offenses. If the City gives its consent, it may impose conditions, including, without limitation, requiring accep- tance'of amendments to this Agreement. Without obligating the City to give its consent, the proposed transferee must demonstrate to the City's satisfaction that it has the operational and financial ability to perform the terms of this Agreement. C. Consolidated Disposal Service's internal reorganization shall not constitute a Trans- fer provided that City consent to the reorganization is'sought and received prior to any internal reorganization. An internal reorganization. includes any change izr control of any of the voting stock through its conveyance to an affiliate of Consolidated Disposal Service, or by operation of law. Any request for an internal reorganization must be submitted in writing to.the City Manager, no less than one hundred and twenty days prior to the proposed effective date of the internal reorganization. Consolidated Disposal Service shall reimburse City for all of its costs to review the request and to determine if it is an intemal reorganization. City's expenses may 35 PS•05-06.09 Temporary Bin and Roll -Off Box Solid waste Agreement Between the City of Santa Clarlta and Consolidated Disposal Service include, but are not limited to, Staff, City Attorney's and Special CounseI's fees and costs and Accountants' fees and costs. Determination by the City Manager shall be final and conclusive. Any attempt to implement an internal reorganization without the consent of City shall consti- tute a material breach of this Agreement. D. Fees. Any application for a Franchise Transfer shall be made in a manner prescribed by the City Manager. The application shall include a deposit of $50,000 to cover the estimated cost of all direct and indirect expenses, including City staff, consultants' and attorneys' fees, incurred by City to adequately analyze the application and the qualifications of the prospective transferee. Any costs incurred by the City in excess of $50,000 shall be reimbursed by the Con- solidated Disposal Service prior to submission of the proposed Transfer to the City Council. In the event that the City's costs are less than $50,000, City shall refund the remaining deposit to Consolidated Disposal Service If Transfer is approved, upon approval, the transferee shall pay to City a Transfer fee in the amount of $50,000 or five percent (5%d) of Gross Revenues for the first twelve months, whichever is greater. Section 24. General Provisions A. Force Majeure. Consolidated Disposal Service shall not be in default under this Agreement in the event that the collection, transportation and/or disposal services of Consoli- dated Disposal Service are interrupted temporarily or permanently for any of the following rea- sons: riots; war or national emergency declared by the President or Congress and affecting the City of Santa Clarita; acts of terrorists, sabotage; civil disturbance; insurrection; explosion; natural disasters such as floods, earthquakes, landslides and fires; or other catastrophic events which are beyond the reasonable control of Consolidated Disposal Service "Other catastrophic events" does not include the financial inability of Consolidated Disposal Service to perform or failure of Consolidated Disposal Service to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public agency where such failure occurs despite the exercise of reasonable diligence by Consolidated Disposal Service In the event a labor disturbance interrupts collection and transportation of Temporary Bin and Roll - Off Solid Waste and/or disposal of Temporary Bin and Roll -Off Solid Waste by Consolidated Disposal Service as required under this Agreement, City may elect to exercise its rights under Section 19 of this Agreement. Failure by City to exercise its rights under this Section 24.A shall not be deemed a waiver of its rights under Section 201.5, above. B. Independent Status, Consolidated Disposal Service is an independent entity and not an officer, agent, servant or employee of City. Consolidated Disposal Service is solely re- sponsible for the acts and omissions of its officers, agents, employees, contractors and subcon- tractors, if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture between City and Consolidated Disposal Service nor an arrangement for the disposal of Hazardous Wastes. Neither Consolidated Disposal Service nor its officers, employees, agents 36 - PS -05-06-09 n Temporary Bin and Roll -off Box Solid Wosts Agreement Behveen the City oBSonta Clarita and Consolidated Disposal Service or subcontractors shall obtain any lights to retirement or other benefits which accrue to City employees. C. Pavement Damage. Normal wear and tear on City streets resulting from general vehicular traffic excepted, Consolidated Disposal Service shall be responsible for damage to. City's driving surfaces, whether or not paved, resulting from the operation of Consolidated Disposal Service vehicles providing Temporary Bin and Roll -Off Solid Waste Services within the City. Consolidated Disposal Service understands that the exercise of this Franchise may in- volve operation of its collection vehicles over private roads and streets.' Disputes between Con- solidated Disposal Service and its service recipients as to damage to private pavement are civil matters and complaints of damage will be referred to Consolidated Disposal Service as matters within its sole responsibility and as a matter within the scope of Section 17,A, 173, and 17.C, above. D. Property Damage. Any physical damage *caused by the negligent or willful acts or omissions of employees of Consolidated Disposal Service to City or private property shall be repaired or replaced by Consolidated Disposal Service, at Consolidated Disposal Service's sole expense. Except as provided in Section 17, above, this Agreement does not purport to relieve, diminish, reduce, create or increase in any way, Consolidated Disposal Servicers civil liability Oto any third parties. M E. ILaw to Govern; Venue. The law of the State'. of California shall govern this Agreement without regard to any otherwise governing principles of conflicts or choice of laws. Iri the event of litigation in a U.S. District Court exclusive venue shall lie in the Central District or California. ' F. Fees and Gratuities. Consolidated Disposal Service shall, not permit any officer, agent or employee.to request, solicit, demand or accept, either directly or indirectly, any gratu- ity for the collection of Temporary Bin and Roll -Off Solid Waste otherwise required to be col- lected under this Agreement. G. Amendments. Except as otherwise provided in this Agreement, no other amend- ment of this Agreement shall ve valid unless in writing duly executed by the parties. Purported oral amendments shall be void and of no force or effect, H. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered or sent by telecopier or United States certified mail, postage prepaid, return receipt requested, and by email, addressed as follows' ' 37 PS -05-06-09 Temporary Bin and Roll -Off Box Solid Waste Agreement Between afe City of Santa Clarltn and Consolidated Disposal Service To City: City Manager City of Santa Clarita 23920 Valencia Blvd., Suite 300 Santa Clarita, California 91355 Copy to: Benjamin Lucha Environmental Projects Development Coordinator City of Santa Clarita 23920 Valencia Blvd., Ste. 300 Santa Clarita, California 91355 And to: City Attorney City of Santa Clarita c/o Burke, Williams & Sorensen, LLP 444 South Flower Street, Suite 2400 Los Angeles, California 90071-2953 With copies by email to BLUCHA@santa-clarita.com aTidcnewton@bwslaw.com To Consolidated Disposal Service 12949 Telegraph Road SsntaFe Springs, CA 90670 and by email to icastro@rMsrv.com. or to such other address as either party may from time to time designate by notice to the other given in accordance with this Section. Notice shall be deemed effective on the date personally served or sent by email or telecopler or, if mailed, three (3) business days from the date such notice is deposited in the United States mail. I. Savings Clause and Entirety. If any non-matezial provision of this Agreement for 'any reason shall be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. J. Incorporation by Reference. Exhibit A, the City's Source Reduction and Recy- cling Component, and Consolidated Disposal Service's Service Proposal, dated October 7, 2005, and all supplements to that proposal are incorporated into this Agreement by this refer- ence. K, Joint Drafting. This Agreement shall be construed as having been drafted jointly by the parties to this Agreement. 38 PS -06-06-09 Temporary Bin and Roll-Otr Dox Solid Waste Agreement Between the City of Santa Clarita and Consolidated Disposal Service L, Transition to Next Solid Waste Enterprise. If in the final 12 months of the period during which Consolidated Disposal Service is to provide collection services under this Agreement, Consolidated Disposal Service and City have not entered into a succeeding agree- ment, Consolidated Disposal Service shall cooperate fully with City and all prospective subse- quent Solid waste enteiprise(s), franchisee(s), licensee(s), permittee(s) or other Person seeldng to provide services similar to the Services so as to assure an efficient, orderly, timely and effec- tive transition: In, that regard, Consolidated Disposal Service agrees to make available to City and to prospective proposers in any competitive process used by the City to select a successor, route maps, customer lists, and all other records requested by City. IN WITNESS WHEREOF, the parties have executed this Agteement as of the date first above written, CITY OF,SANTA CLARITA iA GalifO' 'a N1un' ipal C rporation .a" - C' r7 -j W AN ACs6-Z, A Ihs O 4 Sharon Dawson Lity Clerk i APPP-M Dik-S TO FORM: Carl If: Newton City Attorn By. Consolidated Dispos al Service By. s/� CEO, President, Ch 'rman of the Board or any Vice President) And by: 7� [The Secretary, any assistant secretary, CFO or any assistant treasurer] KIM PS -05-06-09 Temporary Bin and Roll•OPf Box Solid Waste Agreemeat Bativem, the City of Santa Clarlin and Consolidated Disposal Service State of California, County of Los Angeles, ss. On th'a day of r in the year 200Sp before me personally liplitiared 1..?�5� (r niK and w4rrsonally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to this instrument and acknowledged that he (she or they) executed it pursuant to a resolution of the Board of Directors of Consolidated Disposa Service r SIGNED„—/—/—//— DONNAPERHOD GOM[MnOnppLIGSC�N.CIg0 RttNN µy Comm6Fx0�S�ka�Oh 11, 2009'' 40 PS -05-06-09 Temporary Bin and Roil-OffBox Solid Waste Agreement Between tLe City of Santa Clorlla and Consolidated Disposal Service Exhibit A Guaranty This GUARANTY (the "Guaranty") is made as ofwp>,,'lr' , 200f, by Republic Services, Inc., a Delaware corporation, ("Guarantor"), the address of which is 110 S.E. 6 l Street, 290, Floor, Fort Lauderdale, FL, in favor of the City of Santa Clarita, a California municipal corporation (the "City"). 1. Recitals. This Guaranty is made with respect to the following facts and circumstances: (a) The City and Consolidated Disposal Service have entered into a Temporary Bin. and Roll=bff Box Solid Waste Agreement, dated for reference purposes T.» 2i 2005.6 (b) The City would not enter into the Agreement with Consolidated .Disposal Service unless the Guarantor agreed to guarantee the obligations of Consolidated Disposal Service under the Agreement as provided in this Guaranty, and the Guarantor, as a material O inducement and consideration to the City to enter into the Agreement, is willing to execute and deliver this Guaranty and to agree to and be bound by its teras. 0 2. Guarant . 2.1. Guaranty of Qbli ag tions. The Guarantor unconditionally, absolutely and irrevocably guarantees to the City to cause the full, prompt and complete payment and performance when due of all in and obligations of Consolidated Disposal Service to the City under the Agreement, including, without limitation, all obligations of indemnity on the pail of Consolidated Disposal Service under the Agreement. 2.2. Gua'ran'ty of Payment. The liability of the Guarantor on this Guaranty is a guaranty of payment and performance and not of collectibility, and is not conditional or contingent on the genuineness, validity, regularity or enforceability of the 'Agreement or the pursuit by the City of any remedies that it now has or may hereafter have with respect to the Agreement, 2.3. ContinuingGuaranty. This Guaranty is a continuing guaranty of the indebtedness and obligations of Consolidated Disposal Service under the Agreement, including So 49826.1050.7776 vi A-1 PS -05-06-09 Temporary Din and Roll -Off Box Solid Waste Agrae rant Between the City of Santa Clarita and Consolidated Disposal Service any and all such indebtedness and obligations which are renewed, extended, compromised, or restructured from time to time. 2.4. Independent Obligations. The Guarantor agrees that it is directly and primarily liable to the City, that the Guarantor's obligations hereunder are independent of the indebtedness and the obligations of Consolidated Disposal Service under the Agreement, and that a separate action or actions may be brought and prosecuted against the Guarantor, whether or not action is brought against Consolidated Disposal Service or whether or not Consolidated Disposal Service is joined in any such action or actions. 3. Consents by Guarantor. IL Consents. The Guarantor hereby authorizes the City, without notice or demand and without affecting the Guarantor's liability hereunder, from time to time to: 3.1.1. Changes in Terms. Renew, compromise, extend, accept partial payments, accelerate or restructure the indebtedness and obligations of Consolidated Disposal Service under the Agreement or otherwise change the time for payment or the terms of any such indebtedness or obligations, or any part thereof. 3.1.2. Amendment of Agreement. Waive, amend, rescind, modify or otherwise change any of the terms or provisions of the Agreement. 3.1.3. Liquidation of Guaranteed Obligations. Settle, release, compromise, collect or otherwise liquidate any of the indebtedness or obligations of Consolidated Disposal Service under the Agreement, or any part thezeof, and any security or collateral therefore in any manner as the City may determine in its sole and absolute discretion. 3.1.4. Collateral. Take and hold collateral to secure the payment and performance of the indebtedness and obligations of Consolidated Disposal Service tinder the Agreement and exchange, enforce, waive and release any such collateral, and apply such collateral and direct the order or manner of sale thereof as the City in its sole and absolute discretion may determine. 3.1.5. Releases. Release or substitute any one or more endorsers or other guarantors. A-2 80 #4828.1060.7776 v1 PS -05-06.09 Temporary Bin end Roll -Off Box Solid wesle ABrecinanl Between file City of Santa Clarila and Consolidated Disposal Service 3.2. Non -Release of Guarantor. The Guarantor agrees that the City may do any or all of the matters specified in Section 3.1 in such manner, upon such terms, and at such times, as the City, in its sole and absolute discretion, deems advisable, without, in any way or respect, impairing, affecting, reducing or releasing the Guarantor from its undertakings hereunder and the Guarantor hereby consents to each and all of the matters specified in Section 3.1. 4. Waivers. 4.1. ' Defenses. The Guarantor hereby waives any right to assert against the; City as a defense, counterclaim, setoff or cross-claim, any defense (legal or equitable); -counterclaim, setoff or cross-claim which the Guardntor may now or at any time hereafter have under applicable law, rule, arrangement or relationship against Consolidated Disposal Service 4.,2. Presentment. Demand and Notice. The Guarantor waives all presentments, demands for performance, notices of nonperformance, protests, notices of protests, notices of dishonor, notices of default, notice of acceptance of this Guaranty, diligence and notices of the existence, creation or incurrence of the indebtedness and obligations of Consolidated Disposal Service under the Agreement or of new or additional indebtedness or obligations of Consolidated Disposal Service incurred or created after the data of this Guaranty; and'all other O demands, notices or formalities of whatsoever kind to which the Guarantor may be entitled under applicable law. t 4.3. Remedies Against Consolidated Disposal, Service As a condition to payment. or performance by the Guarantor under this Guaranty, the City shall not be required to, and he Guarantor hereby waives any and all rights to require the City to, prosecute or seek to enforce any remedies against Consolidated Disposal Service or any other party liable to the City on account of the indebtedness and obligations of Consolidated Disposal Service under the . Agreement or to require the City to seek to enforce or resort to any remedies with respect to any security interests, liens or encumbrances granted to the City by Consolidated Disposal Service or any other party on account of the indebtedness and obligations of Consolidated Disposal Service under the Agreement. 4.4. Subrogation Rights. Until all the terms, covenants and conditions of the Agreement on Consolidated Disposal Service's part to be performed and observed are fully performed and observed, the Guarantor shall have no right of subrogation, reimbursement, exoneration, indemnity or contribution against Consolidated Disposal Service by reason of any payments or acts of performance by the Guarantor in compliance with the obligations of the. Guarantor under this Guaranty; provided Chat, notwithstanding the foregoing, the Guarantor shall have no right of subrogation, reimbursement, exoneration, indemnity, contribution or any other rights A-3 PS -05-05-09 So #4828.1050.7778 v1 t Temporary Bin and Rall -Off Box Solid waste Agreement Between the City of Santa Clarita and Consolidated Disposal Service that would result in the Guarantor being deemed a creditor of Consolidated Disposal Service under the Federal Bankruptcy Code, and the Guarantor irrevocably waives all such rights and the right to assert any such rights. 5. Waiver of Suretyship Defenses; Antideficiency Legislation, The Guarantor agrees that nothing contained in this Guaranty shall prevent the City from suing on the Agreement or from exercising any other rights available to it under the Agreement, and that the exercise of any of these rights shall not constitute a legal or equitable discharge of the Guarantor. The Guarantor understands that the exercise by the City of certain rights and remedies contained in the Agreement may affect or eliminate the Guarantor's right of subrogation against Consolidated Disposal Service and that the Guarantor may therefore succeed to a partially or totally non -reimbursable Iiability hereunder. Nevertheless, the Guarantor hereby authorizes and empowers the City to exercise, in its sole and absolute discretion, any rights and remedies, or any combination of rights and remedies, that may then be available, since it is the intent and purpose of the Guarantor that the obligations hereunder shall be absolute, independent and unconditional under any and all circumstances. Without limiting the generality of the foregoing, the Guarantor expressly waives any and all benefits under California Civil Code §§ 2809, 2810, 2819, 2845, 2849, 2850 and 2855, and California Code of Civil Procedure §§ 580a, 580b, 580d and 726. 6. Banktuntcy. 6.1. Liability of Guarantor Unaffected. The liability of the Guarantor under this Guaranty shall in no way be affected by: the release or discharge of Consolidated Disposal Service in any creditor proceeding, receivership, bankruptcy or other proceeding; the impairment, limitation or modification of the liability of Consolidated Disposal Service or the estate of Consolidated Disposal Service, or any remedy for the enforcement of Consolidated Disposal Service's liability, iesulting from the operation of any present or future provision of the Federal Bankruptcy Code or any bankruptcy, insolvency, debtor relief statute (state or federal), or any other statute, or from the decision of any court, the rejection or disaffirmance of the indebtedness or obligations of Consolidated Disposal Service under the Agreement, or any portion thereof, in any such proceeding; or the cessation, from any cause whatsoever, whether consensual or by operation of law, of the liability of Consolidated Disposal Service to the City. 7. Termination of Guaranty. The Guarantor's obligations under this Guaranty shall continue in full force and effect and this Guaranty shall not terminate until the indebtedness and obligations of Consolidated Disposal Service under the Agreement are fully paid, performed and discharged and the City gives the Guarantor written notice of that fact. The indebtedness and obligations of Consolidated Disposal Service under the Agreement shall not be considered A-4 aD #4828-1050.7778 A PS -05-06.09 C 0 Temporary Bin and Roll-OrrBax goad waste Agreementsetween ate City or sante Clarita and Consolidated Disposal service fully paid, performed and discharged unless and until all payments by Consolidated Disposal Service to the City are no longer subject to any right on the part of any person, including, i without limitation, Consolidated Disposal Service, Consolidated Disposal Service as debtor -in- possession, or any trustee or receiver in bankruptcy, to set aside such payments or seek to recoup the amount of such payments, or any part thereof. The foregoing shall include, without limitation, all rights to recover preferences voidable under the federal Bankruptcy Code. In the event that any such payments by Consolidated Disposal Service to the City are set aside after the making thereof, in whole or in part, or settled without litigation, to the extent of any such settlement, all of which is within the City's sole and absolute discretion, the Guarantor, shall be liable for the full amount the 'City is required to repay plus costs, interest, attorneys' fees and any and all expenses which the City paid or incurred in connection therewith. The Guarantor shall continue to be liable under the terms of this Guaranty notwithstanding the transfer by Consolidated Disposal Service of all or any portion of the. property encumbered by . the Agreement. 8, Other Provisions. 81. ExDenses. The Guarantor agrees to pay all attorneys' fees and all other costs and expenses which may be incurred by the City in the enforcement or collection of'this Guaranty O and the indebtedness and obligations of Consolidated Disposal Service under the Agreement, whether or not suit is filed. ! I 8.2. Interest. All amounts required to be paid to the City by the Guarantor pursuant to the provisions of this Guaranty (including, without limitation; pursuant to Section 2 and 8.1 hereof) shall bear interest from the date upon which such amounts are due to the date of payment thereof at the highest rate permitted by Iaw. All payments of such amounts by the Guarantor shall include any such accrued interest. • • 8.3. Governing Law. The validity, consttuction and performance df this Guarantee shall be governed by the laws, without regard to the laws as to choice or conflict of laws, of the State of California. 84. Entire Agreement. This Guaranty embodies the entire agreement and understanding between the City and the Guarantor pertaining to the subject matter of this Guaranty, and supersedes all prior agreements, understandings, negotiations, representations and discussions, whether verbal or written, of such parties, pertaining to that subject matter. 8.5. Assignment: Binding Effect. Neither this Guaranty nor any rights or obligations under this Guaranty may be assigned by the Guarantor without the prior written consent of the A-5 PS -05-06.09 So #4328•1050•7775 v1 Temporary Bin and Roll -Off Box said Waste Agreement Between the City of 8anta Clarita and Consolidated Disposal SerAcc City. Subject to the foregoing, the provisions of this Guaranty shall bind and inure to the benefit of the City and the Guarantor and their respective heirs, executors, personal representatives, successors and assigns. 8.6. Notices. Whenever the City or the Guarantor desire or are required to give any notice, demand or request with respect to this Guaranty, each such communication shall be in writing and shall be given. by personal, service or mailed by Certified Mail, postage prepaid, return receipt requested, addressed to Guarantor as set forth in the first paragraph of this Guaranty and to City at City's City Hall. Such communications sent shall be effectively given when they are received by'the addressee thereof, but if sent by Certified Mail, they shall be effectively given three (3) days after being deposited in the United States Mail. The City and the Guarantor may change their respective address for such communications by giving notice to the other in conformity with this Section. 8.7. Amendment and Waiver. This Guaranty may not be amended, modified or supplemented except by a writing duly executed by the Guarantor and a duly authorized officer of the City. No provision of this Guaranty or right of the City under this Guaranty can be waived except by a writing duly executed by a duly authorized officer of the City. No waiver by the City of a breach of any provision of this Guaranty shall be construed as a waiver of any subsequent or different breach, and no forbearance by the City to seek a remedy for noncompliance or breach by the Guarantor shall be construed as a waiver of any right or remedy with respect to such noncompliance or breach. 8.8. Time. Time is of the essence with respect to each provision of this Guaranty. 8.9. Severability. The invalidity or unenforceability of any particular provision of this Guaranty shall not affect the other provisions, and this Guaranty shall be construed in all respects as if any invalid or unenforceable provision were omitted 8.10. Further Action. The Guarantor agrees to perform any further'acts and to execute and deliver any other documents which may be necessary in the opinion of the City to effect the provisions of this Guaranty. 8.11, Headings. The section and other headings contained in this Guaranty are for reference purposes only and shall not affect in any way the meaning or interpretation of this Guaranty. A-6 SD 84828.1050.7776 vt PS -05.06.08 A i Temporary Bin and Roll -Off Box Solid Waste Atireemeau Between the City of Santa Clarke and Consolidated Disposal Service IN WITNESS WBEREOF, the Guarantor, intending to be. bound, has executed this Guaranty as of the year and date first above written. GUARANTOR: Republic Services, I By: C [CE? '"i8ent, Chairman of the Board or any Vice r And by [The Secretary, any assistant secretary, CFO or any assistant treasurer] State of FLdK1bA County of BKCOWQrKL as. On this 3 day of 7M+.ly1r2.y in the year 2006, before me Ll^'DA L.FIftVEt'R,E� personally appeared TIM bztU446K and PpArko -N• BflzeLM , (ersonally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to this instrument and acknowledged that he (she or they) executed it pursuant to a resolution of` the Board of Directors of R�e�ppubIic Services, Inc., a Delaware corporation. SIGNED U� OY <�p�.��pFIGUf/gq/io SO #'4828-1050-7778 v1 A-7 PS -05-06-09 EXHIBIT C COMMERCIAL AGREEMENT USA WASTE OF CALIFORNIA, DBA: WASTE MANAGEMENT NONEXCLUSIVE FRANCHISE AGREEMENT This Nonexclusive Franchise Agreement ("Agreement') is entered into as of , 2013 ("Effective Date") by and between the City of Santa Clarita, a California municipal corporation (the "City") and USA Waste of California, dba Waste Management, a California corporation, ("Franchisee"), who agree as follows: 1. Recitals. This Agreement is made with reference to the following facts and circumstances: (a) On July 1, 2012, Franchisee entered into a nonexclusive franchise agreement with the County of Los Angeles ("County") for solid waste management services in bins to commercial enterprises in the unincorporated territory of the County, including the unincorporated portions of the Santa Clarita Valley ("County Franchise"). A copy of the County Franchise is attached as Exhibit 1. (b) The County Franchise is an open market competitive agreement that sets forth, among other things, certain terms and conditions that Franchisee must comply with in providing solid waste management services. The termination date of the County Franchise was June 30, 2019. (c) In 2012 and 2013, the City completed annexations of certain portions of unincorporated land in Los Angeles County into the City (the "Annexed Areas"). The Annexed Areas are described in the attached Exhibit 2. (d) The County has taken the position that the County Franchise applies only to the unincorporated areas of the County and consequently, it will no longer remain in force and effect as of the date the Annexed Areas are officially are annexed into the City. (e) Pursuant to Public Resources Code section 49520, the City notified Franchisee that the City intends to contract for exclusive solid waste handling services with another provider for the Annexed Areas. (f) The Parties agree that pursuant to Public Resources Code section 49520, Franchisee has the right to continue to provide solid waste handling services for commercial enterprises in the Annexed Areas for a period of five years from the date the City provided notice of its intent to have an exclusive provider for the Annexed Areas, which is agreed to be June 14, 2012 for the Soledad Commons, Copperstone, and Elsmere Canyon areas, and December 17, 2012 for the Fair Oaks Ranch, West Sand Canyon and North Copper Hill areas, and April 16, 2013 for South Sand Canyon area, and August 15, 2013 for the Norland/Robinson Ranch areas. (g) Pursuant to Public Resources Code section 40521, Franchisee must provide such continued solid waste handling services in the Annexed Areas in substantial compliance with the terms and conditions of the County Franchise and must meet the quality and frequency of service that is provided by the City in the City's incorporated areas for such similar service. (h) The City and Franchisee both desire that Franchisee continue to provide solid waste handling services to commercial enterprises in the Annexed Areas and pursuant to the terms and conditions in the County Franchise until the expiration of the term of this Agreement, with some limited amendments. (i) This Agreement will ensure that Franchisee provide solid waste handling services to commercial enterprises in the Annexed Areas in compliance with the terms and conditions of the County Franchise, with certain amendments that are consistent with City standards, until the expiration of the term of this Agreement. This will guarantee consistency and will improve uniformity of service in the Annexed Areas during the term in which the Franchisee has the right to continue to provide such services. 2. Agreement. The City and the Franchisee agree that Franchisee will continue to provide solid waste handling services to commercial enterprises in the Annexed Areas pursuant to, and bound by, the terms and conditions of the County Franchise for the Term (as defined below) of this Agreement, with the following amendments: (a) Any reference to the "County", "Los Angeles County", the "Los Angeles County Department of Public Works", or the "Director of the Los Angeles Department of Public Works" in the County Franchise shall mean "City". (b) Section 1(D) of the County Franchise concerning franchise fees is deleted and replaced with the attached Exhibit 3. (c) Section 2(A)(1) of the County Franchise concerning expiration date is deleted and replaced by Section 3 of this Agreement. (d) Section 13 of the County Franchise concerning Indemnification is deleted and replaced with the attached Exhibit 4. (e) Section 14 of the County Franchise concerning Insurance is deleted and replaced with the attached Exhibit 5. (f) All reference in the County Franchise to "roll -off box" or "roll -off' service is deleted and replaced with the attached Exhibit 6, which is a copy of the existing temporary bin and roll -off solid waste franchise agreement between Franchisee and City ("Existing Roll -Off Agreement"), and Franchisee agrees to abide by the terms and conditions in the Existing Roll -Off Agreement and any future amendments to such. 3. Term and Termination. The term of this Agreement begins on the Effective Date and terminates as follows: Franchisee's rights to provide service and obligations under this Agreement with regard to the Annexed Area terminate as follows: 1. On June 14, 2017 for the annexed areas of Soledad Commons, Copperstone, and Elsmere Canyon; 2. On December 17, 2017 for the annexed areas of Fair Oaks Ranch and West Sand Canyon; and 3. On December 17, 2017 for the annexed area of North Copper Hill; and 4. On October 16, 2018 for the annexed area of South Sand Canyon; and 5. On October 16, 2018 for the annexed areas of Norland and Robinson Ranch. These five dates are collectively referred to as the "Annexed Area Termination Dates". For the avoidance of doubt, Franchisee shall have no further right to provide solid waste handling services to commercial enterprises in the Annexed Area after the Annexed Area Termination Dates, unless otherwise authorized in writing by the City. 4. Transition Plan. Franchisee shall submit a detailed transition plan six months prior to the Annexed Area Termination Date that outlines how it intends to ensure that the transition from Franchisee to the City's exclusive hauler will be carried out in an efficient manner and will not impact the provision of services to City residents. [Signature Page Follows] IN WITNESS WHEREOF, the Parties enter into this Amendment of the Assigned Franchise as of the date first written above. USA WASTE OF CALIFORNIA, DBA WASTE MANAGEMENT By: CITY OF SANTA CLARITA Bv: Kenneth W. Striplin City Manager ATTEST: Bv: Armine Chaparyan Interim City Clerk APPROVED AS TO FORM: By: Joseph M. Montes City Attorney EXHIBIT 1 (Nonexclusive County Franchise Agreement) CAI FARBER, Director June 25, 2012 � DEPARTMENT OF PUBLIC WORKS "To Enrich Lives Through EBec6ve and Caring Service" 900 SOUTH FREMON'r AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Tolophonc:(626)458-510D huI);/ldpw.facouwy.gov ADDRESS ALL CORRESPONDENCE. TO: P.O. BOX 1460 ALHAM BRA. CALEPORNIA 91802-1460 IN REPLY PLEASE p REFERTOFILE: AS -0 003097 Mr. Larry Metter USA Waste of California, Inc. 13940 East Live Oak Boulevard Baldwin Park, CA 91706 Dear Mr. Metter: TRANSMITTAL OF EXECUTED CONTRACT Enclosed is your copy of Contract No. 003097 ,for work entitled Non -Exclusive Commercial Solid Waste Collection Franchise Agreement for the Unincorporated Areas of the County of Los Angeles as approved by the Board of Supervisors and executed by the Director of Public Works. This Contract will commence on July 1, 2012. Your Public Works Contract Managers for this service will be Mr. Martins Aiyetiwa and Mr. Saro Toutounjian of our Environmental Programs Division. Mr. Aiyetiwa may be reached at (626) 458-3553 and Mr. Toutounjian may be reached at (626) 458-5172, Monday through Thursday, 7 a.m. to 5:30 p.m. Vehicle decals will be mailed out during the week of June 25, 2012. As Public Works Ombudsman for service contracts, please call me if you encounter a problem that cannot be resolved by the Contract Manager. I can be reached at (626) 458-4078, Monday through Thursday, 7 a.m, to 5 p.m, Very truly yours, GAIL FARBER Director of Public Works A 9W GHAYANE ZAKARIAN, Chief Administrative Services Division JC P:laspub%CON7RACTUesusIFRANCHISE-COMMERCIAL120115RFS0 11.0041MAWARDITrarts of Executed ContraclWSA WASTE 003097.doc Enc. CONTRACTOR EXECUTE NonmExclusive Commercial Solid Waste Collection Franchise Agreement For oss... _d;Areasof The Countyof Los Angeles BETWEEN THE COUNTY OF LOS ANGELES, DEPARTMENT OF PUBLIC WORKS AND USA WASTE OF CALIFORNIA, INC. dba WASTE MANAGEMENT COMPTON HAULING WASTE MANAGEMENT LA METRO HAULING WASTE MANAGEMENT BLUE BARREL DISPOSAL CONTRACT # 003057 Franchise Date: JULY 1, 2012 Expiration Date: JUNE 30, 2019 1 2D12•EA001 Non -Exclusive Commercial Franchise TABLE OF CONTENTS REFERENCES., .... I ..... 11 .... 4 ......... 04 ..... I ......... q ... 0 ....... AM ............. wqV6**0I ..... I..", ............ 3 RECITALS......................... ............... .......... ......... ....... .... .................. I ........ .....,........ ....... 9 SECTION1 - FRANCHISE GRANT..............................................................................10 SECTION2 -TERM...........................................................................................".........13 SECTION 3 - SCOPE OF FRANCHISE SERVICES.....................................................15 SECTION 4 - SERVICE STANDARDS.........................................................................17 SECTION5 - PRIVACY................................................................................................19 SECTION 6 - UNPERMITTED WASTE SCREENING AND REPORTING ...................19 SECTION 7 - CUSTOMER SERVICE.,,,,,, .... I..'" ... 44...Np ................... p ....................... 0"..20 SECTION 8 - OWNERSHIP OF MSW; DISCLAIMERS................................................23 SECTION 9 - SETTING RATES AND CUSTOMER BILLING......................................24 SECTION 10 - FRANCHISEE RECORDS; AUDITS.....................................................24 SECTION 11 - COUNTY'S DIVERSION PRIORITIES..................................................26 SECTION12 - REPORTS., .............................. 11 ............ I .... Astaf..M.M ....... 11 .... 1.11 ... I@$,", ... 1.27 SECTION13 - INDEMNIFICATION..............................................................................28 SECTION14 - INSURANCE..., ..... a ............. M..M ..... 4 ..... I ........ I ................ *,me ..................... 30 SECTION 15 - FINANCIAL ASSURANCE................................................................... 30 SECTION 16 - BREACHES AND DEFAULTS; SUSPENSION; TERMINATION; DEBARMENT...............................................................................................................31 SECTION 17 - ENFORCEMENT OF AGREEMENT, ....... 11 ... 11 ................... kfool .... 11 ... 111b.37 SECTION 18 - GENERAL PROVISIONS.....................................................................39 SECTION 19 - DEFINITIONS AND INTERPRETATION OF AGREEMENT ........ a ........ 40 SECTION 20 - EXECUTION OF AGREEMENT...........................................................41 ATTACHMENT NO. 1 (Section 3A) - FRANCHISE SERVICES..................................43 ATTACHMENT NO. 2 (Section 3A) - FRANCHISE SERVICES AND SERVICE SPECIFICATIONS FOR ROLL -OFF BOXES .......... ....................... I............................. 52 ATTACHMENT NO. 3 (Section 14) -INSURANCE REQUIREMENTS ........................53 ATTACHMENT NO. 4 - LABOR -RELATED PROVISIONS REQUIRED IN COUNTY CONTRACTS.........:.....:.............................. .... Mae ... ................................... a.................... 60 EXHIBIT A - LIST OF UNINCORPORATED COUNTY COMMUNITIES..",., .... I ... I'm .... 65 EXHIBIT B - MAP OF UNINCORPORATED COUNTY AREAS...............................66 EXHIBIT C - CUSTOMER BILL OF RIGHTS.....................................................69 EXHIBIT D - MANDATORY RECYCLING REQUIREMENTS................................72 EXHIBIT E - DEFAULTED PROPERTY TAX REDUCTION PROGRAM ..... ...,... I........ 88 EXHIBIT F - INTERNAL REVENUE SERVICE NOTICE 1015 ..........................:.........92 EXHIBIT G - SAFELY SURRENDERED BABY LAW POSTERS ...........................93 EXHIBIT H - BOND FOR FAITHFUL PERFORMANCE.....................................:..97 EXHIBIT I - FRANCHISE DOCUMENTATION.. w I .... 11 ..... 11 ... 0 ... ......... I ... 99 2 2012-FA001 Non -Exclusive Commercial Franchise REFERENCES The text in this Franchise Agreement uses the following conventions: (1) References to Sections and Articles refer to Sections and Articles of this Agreement, unless specified otherwise. (2) References to Attachments and Exhibits refer to Attachments and Exhibits appended to this Agreement. (3) References to Subsections are to the Section in which that Subsection occurs, unless specified otherwise. (4) Words have the meanings defined below or in the text of this Agreement. Definitions inserted in text are italicized. 3 2012-FA001 Non -Exclusive Commercial Franchise SECTION DEFINITION AB 939 California Integrated Waste Management Act of 1989, California Public Resources Code 40000 et seq. bin 1A breach 16A bulky item Attachment No. 1 F2 cart 1 B No.(5) CCR California Code of Regulations CEDs A "covered electronic device" as defined in California Public Resources Code Section 42463, including: (1) cathode ray tube (CRT) device (including television and computer monitor); (2) LCD desktop monitor; (3) Laptop computer with LCD display; (4) LCD television; (5) plasma television; and (6) any other "covered electronic devices" listed in the regulations adopted by the California Department of Toxic Substances Control pursuant to California Health and Safety Code Section 25214.10.1(b). container Cart, bin, roll -off box or other container for storing discarded solid waste pending collection. 3 2012-FA001 Non -Exclusive Commercial Franchise commercial Refers to premises such as stores; offices; industrial plants; private schools; restaurants; rooming houses; hotels; motels; manufacturing, processing, or assembly shops or plants; and hospitals, clinics, convalescent centers and nursing homes (with respect to nonmedical waste only). Commercial does not include residential premises or multifamily premises. County business 4F day County's office 4F hours County's Direct costs of COUNTY (including payroll and reimbursement benefits, materials, and services) plus 35 percent costs thereof. customer Someone who subscribes to franchise services from FRANCHISEE. Customer Bill of 7C Rights Customer 7C Subscription Order date of this Paragraph Agreement above Recitals day Calendar day default 1681 Director The County of Los Angeles Director of Public Works or his or her authorized representative. E -waste Waste that is powered by batteries or electricity, such as computers, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, videocassette players/recorders, compact disc players/recorders, and calculators. franchise fee ID franchise 1A services franchise year July 1 — June 30 (contrasted with a calendar year) Garbage Districts formed pursuant to Public Resources Disposal Districts Code Section 4900 et seq., and Los Angeles County Code Cha ter 29.90. 4 2012-FA001 Non -Exclusive Commercial Franchise 5 2012-FA001 Non•Exclusive Commercial Franchise immediate family 1E including "including, without limitation" law 4A liabilities 13D MRF Materials Recovery Facility multifamily Refers to the following premises: (1) dwellings with three or more attached dwelling units (such as apartments), each with separate cooking and bathing facilities; (2) townhouses, whether attached or detached, (3) condominiums, whether attached or detached; or (4) the following developments that receive solid waste services in bins: • planned residential developments (PRD's), planned urban development's (PUD's), and community developments (such as mobile home parks). notice 18C premises A tract of land with habitable buildings located in the service area, which is safely accessible by trucks used to provide franchise services. promptly Within two County business days quarter The following periods: (1) January 1 — March 31, (2) April 1 — June 30, (3) July 1 — September 30, or (4) October 1 — December 31. reasonable Actions that a prudent business person would efforts take under the same or similar circumstances intending in good faith to satisfy its obligations. records 10A recyclables 1B1 On the date of this Agreement, recyclables include the following types of solid waste: (1) aluminum and metal cans; (2) , newspaper; (3) glass jars and bottles; 4 tin cans; 5 2012-FA001 Non•Exclusive Commercial Franchise 6 2012•FAOOI Non -Exclusive Commercial Franchise (5) plastic soda bottles; (6) plastic milk and water jugs; (7) plastic bags (e.g., bread, frozen food, grocery bags); (8) type No. 1 plastic containers (PET - polyethylene terephthalate); (9) type No. 2 plastic containers (HDPE -high density polyethylene); and type No -3-7 containers. (10) all types of paper (e.g., office paper, junk mail, magazines, telephone books); (11) corrugated cardboard refuse `Solid waste" comprised of garbage, rubbish and trash regulatory 4A authority Request for All documentation and information that Statement of FRANCHISEE submits to COUNTY and that the Qualifications Director deems complete, including: (1) Unpermitted Waste Screening Protocol; (2) Customer Subscription Order Template Form; (3) Recycling and Waste Diversion Plan; (4) Vehicle List residential Refers to premises containing detached, single- family homes or duplexes, other than: (1) townhouses, whether attached or detached, (2) condominiums, whether attached or detached, or (3) the following developments that receive solid waste services in carts: planned residential developments (PRD's), planned urban development's (PUD's), and community developments (such as mobile home parks) roll -off box 1A service area The unincorporated area of the COUNTY 6 2012•FAOOI Non -Exclusive Commercial Franchise sharps Attachment No.1 E3b solid waste 1A solid waste 3B facility solid waste (1) "Solid waste handling" defined under management California Public Resource Code Section services 40195 (on the date of this Agreement, collection, transportation storage, transfer or processing of solid waste), and (2) "Solid waste disposal" defined under California Public Resource Code Section 40192, as required by County Code Section 20.72.140 subcontractors Anyone that provides goods or services (whether or not pursuant to oral or written agreement), related to: (1) collection, transportation, or storage of solid waste, CEDs or E -waste handled under this Agreement; or (2) operation, maintenance, and repair of assets used to provide franchise services such as For example transfer 1 E uncontrollable The following events: circumstances (1) riots, war, or emergency affecting the COUNTY declared by the President of the United States or Congress of the United States, the Governor of California, or the Board of Supervisors; (2) sabotage, civil disturbance, insurrection, explosion; (3) natural disasters such as floods, earthquakes, landslides, and fires; (4) strikes, lockouts and other labor disturbances; and (5) other catastrophic events that are beyond the reasonable control of FRANCHISEE despite FRANCHISEE'S reasonable efforts, excluding: • FRANCHISEE'S financial inability to provide franchise services, or 7 2012-FA001 Non -Exclusive Commercial Franchise - 2012-FA001 Non -Exclusive Commercial Franchise • FRANCHISEE's failure to obtain any permits necessary to provide franchise services or the right to use the facilities of any pubric.entity unpermitted 6A waste violation/violation Any noncompliance with law as evidenced by of law notice, assessment, or determination of any regulatory authority to FRANCHISEE, whether or not a fine or penalty is included, assessed, levied, or attached. year Calendar year, unless "franchise year" is explicitly rovided. - 2012-FA001 Non -Exclusive Commercial Franchise The County of Los Angeles, a political subdivision of the State of California (COUNTY), and USA WASTE OF CALIFORNIA, INC. dba WASTE MANAGEMENT COMPTON HAULING, WASTE MANAGEMENT LA METRO HAULING, WASTE MANAGEMENT BLUE BARREL DISPOSAL, a California Corporation (FRANCHISEE) enter into this Agreement on the date of this Agreement. "date of this Agreement" means the date that both parties have signed this Agreement in Section 20. RECITALS OPEN MARKET COMPETITION. Historically, private waste haulers and not County have arranged to provide municipal solid waste management services in bins to commercial enterprises in the unincorporated territory of County. Private haulers and their commercial customers have competitively negotiated service charges in an open - market, except in Garbage Disposal Districts and residential franchise areas, where the haulers contract with County to provide solid waste management services. FRANCHISE PURPOSE. Under this Agreement, private haulers will continue to arrange to provide solid waste management service in bins to commercial customers, subject to the terms of this Agreement. This Agreement will: increase hauler accountability for customer service, help implement the Source Reduction and Recycling Element of the County's Solid Waste Plan, including providing diversion programs, maintaining more accurate records and improving reporting, and specifically the establishment and enforcement of recycling programs for businesses and multifamily dwellings, provide efficient contract administration and enforcement by COUNTY staff, and provide bulky waste collection to curb illegal dumping . SOLID WASTE PERMITS, Article XI, Section 7 of the California State Constitution authorizes COUNTY to protect the public health and safety by exercising its authority over police and sanitary matters. Historically, the COUNTY Department of Health Services issued permits to haulers for the hauling of solid waste with requirements to protect public health and safety, including frequency of collection and collection vehicle maintenance. It will continue to do so, and FRANCHISEE shall continue to obtain that permit and comply with all of its provisions. SELF -HAUL OPTION, This Agreement does not require anyone to subscribe to franchise services from FRANCHISEE. Owners and occupants of premises may self - haul their solid waste. They may store solid waste generated on their premises in their own containers, and collect and transport it in their own vehicles for reuse, recycling, or 9 - 2012•FA001 Non -Exclusive Commercial Franchise disposal. Customers' obligations to pay FRANCHISEE service fees under this Agreement does not arise because they own property, but because they generate refuse and do not exercise their right to self -haul. FRANCHISE AUTHORIZATION, California Public Resources Code Section 40059 specifically authorizes COUNTY to prescribe the terms and conditions of aspects of solid waste management services, including: the nature, location, and level/extent of services. frequency of collection; means of collection and transportation; service charges and fees; and • whether the services are to be provided by means of non-exclusive, partially exclusive, or wholly exclusive franchise, contract, license, permit, or otherwise. County Code Chapter 20.70 authorizes the the unincorporated territory of the County District. Director to require franchises in any part of that is not served by a Garbage Disposal COUNTY consulted with representatives of waste haulers in developing this Agreement. COUNTY and representatives of the private hauling industry met many times to discuss the scope of franchise services, service specifications, service standards, and other performance obligations and to address the industry's questions, comments, and concerns. SECTION 1— FRANCHISE GRANT A. Non -Exclusive Grant and Acceptance. COUNTY grants to FRANCHISEE and FRANCHISEE accepts the non-exclusive right and privilege to provide franchise services with respect to solid waste discarded in bins and roll -off boxes and within the unincorporated areas of the COUNTY. In COUNTY'S sole discretion, COUNTY may also grant to other persons the same rights and privileges that it grants FRANCHISEE under this Agreement. COUNTY is not liable to FRANCHISEE for acts of anyone who provides solid waste management services without a permit or franchise required by law, and FRANCHISEE releases COUNTY from any liability in connection with any of those acts. "franchise services" means all FRANCH'ISEE'S obligations under this Agreement to its customers and COUNTY. "solid waste" means "solid waste" defined in California Public Resource Code Section - 40191. 14D ` 2012-FA001 Non -Exclusive Commercial Franchise loading vehicles, such as those having a 9- to 8 -yard capaciti, commonly referred to as dumpsters. "roll -off box" means any open -topped rectangular container for storage, collection, and transport of solid waste that are rolled on and off flatbed collection vehicles via winches or reeving cylinders (hooks), sometimes referred to as debris boxes. B. Exclusions from Franchise. This grant excludes: (1) recyclables that any person donates or sells to someone other than FRANCHISEE. recyclables" means types of solid waste designated by COUNTY. (2) solid waste that any person self -hauls, such as shingles generated by roofers and yard waste by gardeners who: collect the solid waste in receptacles other than those provided by FRANCHISEE, and transport the solid waste in that person's own vehicles for disposal or processing. (3) solid waste is "self -hauled" if it meets both of the following two requirements: • FRANCHISEE owns the property where it collects the solid waste, as evidenced by its name on the deed of the title for the property, and • FRANCHISEE does not charge anyone for those services, as proven to the County's satisfaction (4) solid waste discarded at premises owned or controlled by COUNTY or any other person governed by the Board of Supervisors ; (5) solid waste discarded at premises owned or controlled by: the State of California; • any school district; or any person that is not legally obligated to subscribe to franchise services. (6) solid waste discarded in carts at premises that receive franchise services under an exclusive franchise awarded by the COUNTY for cart service (such as an Exclusive Franchise Agreement For Provision of Refuse, Recyclables, and Green Waste Automated Cart Services at Residential Premises and Certain Multifamily and Commercial Premises), including residential, multifamily and commercial premises. However, FRANCHISEE must collect recyclables discarded in carts at customers' premises under its Recycling and Waste Diversion Plan in its Request for Statement of Qualifications and Attachment No. 1. "cart" means a wheeled container for storage of solid waste that is (semi) automatically picked up by mechanical arms on a side loading truck (7) solid waste discarded by anyone who is receiving solid waste management services from a solid waste enterprise (if any) that has the statutory right to continue to provide franchise services to that person under California Public Resource Code Section 49520 et seq. 11 2012-FA001 Non -Exclusive Commercial Franchise C. Definition of Rights. FRANCHISEE acknowledges: (1) This Agreement does not grant FRANCHISEE any rights under Public Resource Code Section 49520. (2) FRANCHISEE does not have the right to make any claim under Public Resource Code Section 49520, but only under this Agreement. Upon expiration or termination of this Agreement, FRANCHISEE shall cease providing franchise services even if the expiration or termination occurs before the end of the period described in Public Resource Code Section 49520. After expiration or termination of this Agreement, COUNTY may reprocure one or more agreements for solid waste management services with FRANCHISEE or other persons. Those agreements may be exclusive, partially exclusive, or wholly exclusive franchises, contracts, licenses, permits or otherwise, with or without competitive bidding. D. Franchise Fee. "franchise fee" means the franchise fee established from time to time and paid under COUNTY Code Chapter 20.70 and implementing ordinances or resolutions of the Board of Supervisors. in consideration for this franchise, FRANCHISEE shall be obligated to COUNTY beginning on the date of this agreement, and shall pay the franchise fee at the time and in the amount and manner established from time to time by County ordinance or resolution of the Board of Supervisors. FRANCHISEE shall not separately identify the franchise fee in correspondence with its customers, such as in customer subscription orders or service bills, unless the language is approved by COUNTY. All communication with customers regarding increased charges, including both written and oral communication, shall be approved by County. FRANCHISEE shall pay the franchise fee with respect to all fees that it charges customers, including customers that subscribe to: (1) franchise services for bins (such multifamily complex), and (2) non -franchise services for carts within a multifamily complex) as centrally -located green waste bins in a (such as individual carts for each dwelling unless FRANCHISEE pays franchise fees with respect to all or a part of those fees under County residential franchises. E. Transfer. FRANCHISEE may transfer this Agreement, the franchise granted under it, or any rights or duties under it: 12 2012-FA001 Non -Exclusive Commercial Franchise 1. in whole or in part, whether voluntarily or involuntarily, 2. directly or indirectly (including through asset purchase, or merger with or acquisition of the FRANCHISEE), subject to the following exception. FRANCHISEE may not make that transfer without the Director's prior written consent exercised in the Director's sole discretion, if the party to whom the FRANCHISEE makes the transfer (the transferee) does not qualify for any previously extended term of this agreement under Section 2. For example, if the existing FRANCHISEE (transferor) purchased alternative fueled vehicles and this agreement was consequently extended, then the combined vehicle fleet of new FRANCHISEE (transferee) must continue to meet the requirements for that extended term. Upon County request, FRANCHISEE shall pay County an amount requested by County, to conduct investigations deemed necessary by County to determine whether or not to grant its consent to the transfer. "transfer" means an action (or inaction) which has the direct (or indirect) effect of changing the permittee named on FRANCHISEE's waste collector permit issued by the Los Angeles County Department of Public Health. SECTION 2 — TERM A. Length of Term. Expiration Date. The term of this Agreement begins on the date of this Agreement and ends on the "Expiration Date" on the cover of this Agreement which is initially the same for all franchisees under Non - Exclusive Commercial Solid Waste Collection Franchise Agreements. 2. Earned Extension. a. 50 percent Fleet Conversion. The term of this agreement will be extended for the following periods of time if FRANCHISEE meets both of the following contract conditions, determined to satisfaction of COUNTY in COUNTY's sole discretion: 1. FRANCHISEE is not in breach of this Agreement, including compliance with Diesel Particulate Matter Control Measures 13 CCR 2020 at seq.; and 2. 50 percent of the trucks that FRANCHISEE uses to provide franchise services meet the technical specifications for both of the following: 13 2012-FAG01 Non -Exclusive Commercial Franchise new solid waste collection vehicles under Section (d)(1) of the South Coast Air Quality Management District (SCAQMD) RULE 1193. CLEAN ON -ROAD RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION VEHICLES in effect on the date of this agreement; and added or replaced transfer or roll off vehicles under Section (d)(2) of Rule 1193. The technical specifications in Diesel Particulate Matter Control Measures 13 CCR 2020 et seq. are incorporated by reference into this agreement as contractual provisions, whether or not those Measures apply to this agreement or FRANCHISEE as regulatory requirements. 50 Percent CONVERSION DATE EXTENDED EXPIRATION DATE as of this franchise date/ prior to July 1, 2012 June 30, 2022 prior to July 1, 2013 June 30, 2021 prior to July 1, 2014 June 30, 2020 b. 75 percent Fleet Conversion, The term of this agreement will be extended for the following periods of time if FRANCHISEE meets both of the preceding contract conditions in Subsection 2a, above, with respect to 75 percent of those trucks, determined to satisfaction of COUNTY in COUNTY's sole discretion: 75 Percent CONVERSION DATE EXTENDED EXPIRATION DATE riorto Jul 1, 2015 June 30, 2022 riorto Jul 1, 2016 June 30, 2021 prior to July 1, 2017 June 30, 2020 C, Proof of Conversion. Each year FRANCHISEE shall attach to its annual report an inventory of all solid waste collection, transfer, and roll off vehicles used to provide franchise services, including the following information: 1. 2. 3. 4. 5. 6. 7. application (solid waste collection, vehicle identification number, license plate number, engine model year, fueltype, domicile location, and roll off, or transfer) other information requested by COUNTY. 14 2012-FA001 Mon.Exclusive commercial Franchise 0 Throughout the extended term, FRANCHISEE must continue to meet both extension conditions determined to satisfaction of COUNTY in COUNTY's sole discretion. d. No Conversion or Earned Extension. If FRANCHISEE does not meet either the 50 percent or 75 percent extension requirement, then upon scheduled expiration of this agreement on June 30, 2019, the term of this agreement will be extended on a month -by -month basis until the earlier of: 1. the date the Director names in notice to FRANCHISEE, given in the Director's sole discretion, or 2. June 30, 2022. 3. Optional Extension. In its sole discretion the Director may extend the term one or more times in monthly increments for up to three years plus a month-to-month extension up to six months. Continuing Obligations. The following provisions survive the expiration or termination of this Agreement: (1) all acknowledgments, representations, warranties, indemnities, defenses, and releases; (2) obligations to pay any due and payable monetary amounts or claims for those amounts, including franchise fees; (3) obligations with respect to records and reports, (4) obligations to respect customers' privacy; and (5) any other provision of this Agreement stated to survive the expiration or termination of this Agreement. C. Undepreciated Assets. FRANCHISEE acknowledges that it has no right to recover an amount equal to the undepreciated value of assets it uses to provide franchise services that might remain at the expiration or termination of this Agreement, from COUNTY or customers. SECTION 3— SCOPE OF FRANCHISE SERVICES A. Arrangement with Customers. FRANCHISEE may independently arrange to provide franchise services in bins and roll -off boxes in the service area at the frequency, capacity, price, and other terms agreed to with its customers. B. Acknowledgements. FRANCHISEE acknowledges the following: 15 r 2012-FA001 Non -Exclusive Commercial Franchise (1) Although this Agreement prescribes minimum scope of franchise services, service specifications, and service standards, COUNTY is not responsible for supervising or performing franchise services; (2) FRANCHISEE and not COUNTY is arranging for franchise services, and .COUNTY does not become a "generator" or an "arranger' as those terms are used in the context of CERCLA Section 107(a)(3), and (3) FRANCHISEE has full freedom, discretion, and responsibility to solely determine the manner of providing franchise services, including its choice of solid waste facilities, unless COUNTY designates one or more solid waste facilities under Section 3G. "solid waste facilities" means solid waste facility" defined in Public Resource Code Section 40194, facilities that handle CEDs and E -waste, and any other facilities named by COUNTY. C. COUNTY Solid Waste Programs. FRANCHISEE shall provide to its customers all franchise services in bins and roll -off boxes described in ATTACHMENTS No. 1 and No. 2, respectively. FRANCHISEE shall not dispose of recyclables or mix recyclables with refuse. D. Director Request. Upon Director request, FRANCHISEE shall use its best efforts to promptly provide franchise services to any premises identified by Director, as the Director deems necessary to protect public health or safety. E. Emergency Assistance. FRANCHISEE shall provide solid waste management services requested by COUNTY in health and safety emergencies (such as an earthquake, storm, or riot, or when solid waste is accumulating at set -out sites for more than a week). FRANCHISEE shall charge COUNTY no more than what FRANCHISEE charges its customers for the same frequency and capacity of service, unless Director authorizes different charges upon request of and cost substantiation by FRANCHISE. Upon request of COUNTY, FRANCHISEE shall give COUNTY, California or Federal officials information that is related to cost of providing the emergency services (such as number or amount of vehicles, fuel, employees, tonnage and disposal fees). F. Franchisee -Selected Solid Waste Facilities. Unless COUNTY designates one or more solid waste facilities under Section 3G, FRANCHISEE shall select solid waste facilities solely in its discretion, including transfer stations and material recovery; composting and disposal facilities; and materials brokers and beneficiators. FRANCHISEE shall notify COUNTY of the solid waste facilities that FRANCHISEE chooses for each respective type of solid waste (refuse, recyclables, bulky items, and any green waste), CEDs, and E -waste. 16 2012-FA001 Non -Exclusive Commercial Franchise FRANCHISEE must deliver solid waste, CEDs and E -waste only to those facilities. G. Designation. County reserves the right to direct one or more of those materials referenced above to a specified site or facility (within the County] upon agreement with FRANCHISEE on the amount of any additional compensation under the following subsection. H. Compensation. COUNTY will compensate FRANCHISEE for any direct costs (such as increased tipping fees) which FRANCHISEE incurs following delivery of materials to a County -designated solid waste facility instead of to a Franchisee -selected solid waste facility. SECTION 4 - SERVICE STANDARDS A. Legal Requirements. FRANCHISEE shall provide franchise services in compliance with law, such as the following: (1) County Code Section 20.72.130 Hours of Collection; (2) 14 California Code of Regulations 17314 & 17316 (RE maintenance, placement and labeling of containers); (3) FRANCHISEE's waste collector permit issued by the Los Angeles County Department of Public Health, including any recycling plans and waste screening protocols; (4) County Code Section 2.200 County Child Support Compliance Program, provided in Attachment 4 "Labor -Related Provisions Required in County Contracts'; (5) County Property Tax Reduction Ordinance in County Code Section 2.206 (unless FRANCHISEE qualifies for an exemption or exclusion) as provided in Section 16D; (6) California Air Resources Board Diesel Particulate Matter Control Measures at 13 CCR 2020 at seq.; and (7) South Coast Air Quality Management District Rule 1193 CLEAN ON - ROAD RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION VEHICLES. `law" means all statutes, regulations, rules, guidelines, permits, actions determinations, order or requirements of regulatory authorities that apply to franchise services or this Agreement, including their future amendments, supplements, replacement, restatement or recodification. "regulatory authority" means a Federal, State or local governmental agency that regulates franchise services, including CA DOT, CA DMV, EDD, COUNTY, COUNTY'S LEA and U.S. immigration and Naturalization Services, or other health 17 2012-FA001 Non -Exclusive Commercial Franchise and safety department of the agency. Provisions of law are incorporated into this Agreement by reference as FRANCHISEE's contractual obligations. COUNTY may enforce those provisions not as violations of law (subject to fines or penalties), but as breaches of this Agreement (subject to remedies under this Agreement). COUNTY has no obligation to enforce law. B. Spills. FRANCHISEE shall enclose or cover all solid waste that it transports, whether in vehicles, debris boxes, hoppers, compactors, or any other containers. FRANCHISEE shall prevent solid waste from escaping, dropping, spilling, leaking, blowing, sifting, falling, or scattering from vehicles ("spills") during collection and transportation. FRANCHISEE shall not transfer loads from one vehicle to another vehicle unless necessitated by mechanical failure or accidental damage to a vehicle. FRANCHISEE shall immediately clean up any solid waste that it spills onto any alley, street, or public place. C. Leaking. FRANCHISEE shall prevent oil, hydraulic fluid, paint, putrescible waste, or other liquid from leaking from its vehicles or containers. FRANCHISEE shall equip each vehicle with petroleum absorbent agents and other appropriate cleaning agents. FRANCHISEE shall immediately cover, treat, or remove leaked materials from the ground and apply cleaning agent to minimize their adverse impact. D. Noise and Traffic. FRANCHISEE shall collect solid waste in compliance with noise levels prescribed by applicable law, including County Code Section 12.08.520 -Refuse, as quietly as possible and with the least possible disruption to the peace and quiet of the service area. FRANCHISEE shall perform franchise services so as to cause the least possible obstruction and inconvenience to public traffic. E. Customer Correspondence and Other Materials. FRANCHISEE shall submit the following materials to the Director for approval 30 days prior to mailing them to customers: (1) all written materials given to FRANCHISEE'S customers (other than with respect to an individual customer's service disputes, questions, or complaints), and (2) all materials that reference franchise services, such as sales brochures; commercial advertisements, and news releases. F. Responsiveness to County. FRANCHISEE shall: 18 zo1z-FA001 Non -Exclusive Commercial Franchise (1) return telephone calls from COUNTY to the individual who made that call during County office hours no later than the next County business day; (2) meet with COUNTY during County office hours within one week of COUNTY oral or written request at the location directed by COUNTY; (3) respond to all e-mails from COUNTY within two County business days of receipt; and (4) respond to written correspondence from COUNTY within one week of its receipt. "County office hours" means 7 a.m. to 5:30 p.m., Monday through Thursday and 8 a. m. to 4 p.m. on Friday. "County business days" means any day that COUNTY's Department of Public Works is open to do business with the public. G. FRANCHISEE's Representation. On the date of this Agreement, FRANCHISEE has fully complied with all law relating to the procurement of this Agreement, including law relating to conflicts of interest and the County Lobbyist Ordinance, County Code Chapter 2.160 SECTION 5 - PRIVACY A. General. FRANCHISEE shall strictly observe and protect its customers' privacy and trade secrets, including their rights to privacy under law. In addition, FRANCHISEE shall not: (1) reveal to anyone other than COUNTY any information identifying individual customers or the composition or contents of a customer's solid waste without that customer's permission, unless required by law; or (2) market or distribute mailing lists with customers' names and addresses. B. FRANCHISEE shall not assert that any privacy right accorded its customers under law prohibit FRANCHISEE from participating in solid waste characterization studies or waste stream analyses, keeping records, making reports, or assisting COUNTY in meeting any requirements under law. SECTION 6 - UNPERMITTED WASTE SCREENING AND REPORTING A. Unpermitted Waste. "Unpermitted waste" means: (1) materials that are not solid waste, including: 19 2012-FA00'i Non -Exclusive Commercial Franchise • universal waste (materials that the California Department of Toxic Substances Control considers universal waste, including materials listed in 22 CCR 66261.9), • household hazardous waste and other hazardous waste, • medical waste, and • radioactive waste; and (2) waste tires in excess of the number prescribed in 14 CCR 17355(b,) or reduced in volume as required in 14 CCR 17355(A); and any other materials that cannot be disposed of in class 11 sanitary landfills described in 27 CCR 20250. B. Prohibition and Protocol. FRANCHISEE is prohibited from collecting any unpermitted waste observed by FRANCHISEE, unless FRANCHISEE is legally licensed to do so. FRANCHISEE shall implement the Unpermitted Waste Screening Protocol included in its Request for Statement of Qualifications. FRANCHISEE shall annually give each of its customer's written material describing its customer education program for safe disposal. C. Reports to Director. If FRANCHISEE observes that any substance it reasonably believes or suspects to contain unpermitted waste has been disposed of or released on any COUNTY or any other public property (including storm drains, streets, or other public rights of way), FRANCHISEE shall use reasonable efforts to report its observation to the Director in addition to reporting it to the appropriate regulatory authority as legally required. D. Labels. Within three months after this franchise date FRANCHISEE shall conspicuously label each bin and roll -off box with stickers, embossing, or other secure means, prohibiting customers from discarding unpermitted waste and including illustrative examples. SECTION 7 - CUSTOMER SERVICE A. Standards. FRANCHISEE shall respond to its customers' questions and complaints in accordance with all requirements under law, such as the following: {1} County Code Section 20.72.160 (RE customer service telephone and record-keeping requirements), where, for purposes of this Agreement, the Director shall be deemed the enforcement agency, or (2) 14 CCR Section 17317 (RE placing identifying name and telephone number on containers). B. County's Reimbursement Costs. If any COUNTY employee or other person acting upon direction of the County spends more than the following amounts of time resolving customer complaints, FRANCHISEE shall reimburse COUNTY the County's reimbursement costs therefore: 20 2012-FA001 Non-EXClusive Commercial Franchise (1) more than one hour in the aggregate resolving complaints from any single customer of FRANCHISEE who states he or she has previously made that complaint to FRANCHISEE; or (2) more than one hour in any work week (Monday through Friday) resolving complaints from different customers of FRANCHISEE. C. Customer Subscription, 1. Provide to Customers "Customer Subscription Order" means Customer Subscription Order Form in Franchisee Application. "Customer BW of Rights" means the Customer Bill of Rights in substantially the form of Exhibit No. C. Before beginning franchise services FRANCHISEE shall give each customer: (1) Customer Subscription Order, (2) Customer Bill of Rights, and (3) the most recent bi-annual newsletter (see Attachment 1, Section D1). FRANCHISEE may require those customers for whom FRANCHISEE is required to operate vehicles on private property to sign a Subscription Order containing a waiver of liability with respect to damage to private driveways or pavement, in form approved by COUNTY. FRANCHISEE shall include on its customer invoices (other than invoices to roll- off customers): (1) the address of the website that provides a summary of the Customer Bill of Rights, general Customer Subscription Order, and (2) directions on how to obtain a complete copy of a customer's Customer Service Order. 2, No Evergreen. FRANCHISEE shall not include in the terms of customer subscription orders or other service contract with its customers any automatic renewals or extensions, colloquially referred to as "evergreen clauses, which obligate a customer to take affirmative, prescribed action in order to terminate the subscription order (such as giving written notice within a specified time period before the stated expiration of the subscription order). 21 . 2052-FAOUI Non -Exclusive Commercial Franchise 3. Term Limitation. FRANCHISEE shall limit the terms of customer subscription orders to no longer than the remaining term of this Agreement. 4. Termination Option and Rights. (1) FRANCHISEE shall give each customer the option to terminate its customer subscription order without cause on 90 days notice to FRANCHISEE, if the customer is not delinquent in paying any fees for franchise services, and regardless of the following: 1. the term of a customer subscription order, or 2. whether or not the customer subscription order explicitly gives customer this termination right. (2) FRANCHISEE shall also give each of its customers the right to terminate service immediately in the event of emergency, or within two weeks if FRANCHISEE: • fails to provide franchise services in accordance with the terms of this Agreement or any agreement between the customer and FRANCHISEE; or • bills the customer for charges in excess of those agreed upon between the customer and FRANCHISEE. 5. No Charges. FRANCHISEE shall not impose a charge on a customer that terminates franchise service with or without cause, including liquidated damages, penalties, or bin or roll -off box removal fees. 6. Amended Customer Subscription Orders. However, FRANCHISEE shall do the following: as of this franchise date, FRANCHISEE shall give customers a Bill of Rights explaining the evergreen prohibition and customers' termination rights; and within 6 months of this franchise date FRANCHISEE shall amend its subscription orders to explicitly delete any evergreen provisions and grant customers their termination rights described in this Section. D. Repair and Replacement of Containers. Within two weeks of customer request or County direction, FRANCHISEE shall repair or replace containers that are damaged or constitute a threat to public health and safety (including keeping out rodents, flies, and other vectors). FRANCHISEE shall provide additional containers upon customer request. FRANCHISEE shall be bound by COUNTY's 22 - 2012-FAoot Non -Exclusive commercial Franchise determination of whether a container is damaged or constitutes a threat to public health or safety. FRANCHISEE may charge customer for replacement of a recyclabies cart. E. Overloaded Containers. If FRANCHISEE determines that a container is repeatedly filled beyond capacity, FRANCHISEE shall attach a notice to the container warning that FRANCHISEE will not collect the container the next time it is overloaded. in its quarterly report FRANCHISEE shall give the County a copy of the notice and indicate: (1) the service location, and (2) date of the infraction. FRANCHISEE shall not refuse to collect from container unless it previously: (1) attached a warning notice to the container and (2) gave a copy to the County. F. Litter Cleanup. FRANCHISEE shall clean up all litter caused by FRANCHISEE, including during collection and transport. FRANCHISEE shall staff and equip each collection vehicle with a broom and dust pan. G. Graffiti. FRANCHISEE shall remove graffiti from all containers, paint over graffiti on all containers, or replace containers with graffiti -free containers, within two County business days of: (1) observation by FRANCHISEE'S drivers; or (2) Director's request. SECTION 8 — OWNERSHIP OF SOLID WASTE; DISCLAIMERS A. Ownership, This Agreement does not purport to grant FRANCHISEE or COUNTY ownership over materials that FRANCHISEE's customers discard for pickup by FRANCHISEE or that FRANCHISEE handles under this Agreement. The right to possession or ownership of those materials shall be determined in accordance with law and any agreement between FRANCHISEE and its customers, and not as a result of this Agreement. Parties acknowledge that COUNTY has no ownership rights in solid waste or revenue from sale of recyclables. B. Disclaimer. COUNTY makes no representations or warranties with respect to characterization of solid waste within the COUNTY, any solid waste disposal characterization study, or projections by material type with respect to solid waste in the COUNTY. COUNTY expressly disclaims any representations and. 23 - 2012-FA001 NorrExclusive commercial Franchise warranties, either express or implied, as to the merchantability or fitness of solid waste for any particular purpose. SECTION 9 - SETTING RATES AND CUSTOMER BILLING FRANCHISEE shall set, bill and collect fees for franchise services as agreed to with its customers. SECTION 10 - FRANCHISEE RECORDS; AUDITS A. Record Maintenance and Retention. "records" means any type of documentation relating to franchise services, including: (1) customer subscription orders and invoices, (2) complaint togs and customer correspondence; (3) weight tickets and receipts from solid waste facilities (including solid waste processing residual); (4) route maps and schedules, in sufficient detail to allocate solid waste collected within County and outside County on the same route; (5) receipts from recyclables, CED and E -waste transporters, shippers, brokers, benefrciators remanufacturers and purchasers, and (6) with respect to roll -off containers: encroachment permits required by law, container capacity, and frequency of container collection. Legal Requirements. FRANCHISEE shall maintain all records required under law, including: (1) records pertaining to solid waste collection, and disposal under County Code Section 20.72.160; and (2) records under Attachment 4. 2, Inter -jurisdictional Routes a. Acknowledgement. FRANCHISEE acknowledges that if FRANCHISEE erroneously attributes solid waste . that FRANCHISEE collects in incorporated cities, other counties or Garbage Disposal Districts with solid waste that FRANCHISEE collects in the unincorporated areas of the COUNTY under this Agreement, then the COUNTY may be subject to fines for failure to divert solid waste from landfill disposal as required under AB 939. b. Obligation. FRANCHISEE shall comply with 14 CCR 18808.7 and maintain records used to prepare reports submitted to COUNTY, including jurisdiction of origin necessary to determine the weight of 24 2012-FA001 Non -Exclusive Commercial Franchise solid waste that FRANCHISEE collects in the service area. FRANCHISEE shall document the method by which it allocates solid waste collection route that includes a jurisdiction other than the COUNTY. 3, Disposal Records. FRANCHISEE acknowledges that COUNTY may need to respond to claims (including superfund claims under CERCLA) with respect to disposal of materials that FRANCHISEE handled under this Agreement. FRANCHISEE shall maintain records thereof, including: (1) quantity of solid waste collected under this Agreement; and (2) disposal location and its owner or operator (such as landfill; and incineration, composting or processing facility; or materials broker or purchaser.) FRANCHISEE shall retain those records for a period of at least five years after the expiration or termination of this Agreement. Thereafter, FRANCHISEE shall notify the Director at least 30 days before destroying those records. 4. Complaint Lops. FRANCHISEE shall enter, log, and maintain records of all complaints and their resolution in computerized format. At COUNTY'S request, FRANCHISEE shall immediately e-mail COUNTY those records and a complaining customer's subscription information. B. County Custody. If the Director believes that records may be lost, discarded, or destroyed, the Director may direct the FRANCHISEE to give COUNTY access to and custody of those records. FRANCHISEE shall promptly comply. C. Inspection and Audit. COUNTY, its staff and outside auditors may inspect, audit, and copy all records at FRANCHISEE'S office: (1) Notice: after advising FRANCHISEE by telephone or in writing five days in advance (or in extraordinary circumstances, less than five days), (2) Day: on any weekday (other than a County -recognized holiday), and (3) Hours: between the hours of 8 a.m. to 5 p.m. weekdays, and 8 a.m. to noon Saturdays. If FRANCHISEE's office is outside the COUNTY, FRANCHISEE shall promptly provide copies of those records to COUNTY at COUNTY'S offices. Within 30 days of COUNTY request, FRANCHISEE shall reimburse COUNTY for County's reimbursement cost of audit and copying expenses if the audit reveals a discrepancy of three percent or more between the amount contained in the records of the FRANCHISEE or a regulatory authority (such as the tons of solid 25 2012-FAao1 Non -Exclusive Commercial Franchise waste collected and disposed or diverted, or the amount of FRANCHISEE'S gross receipts) and; (1) amount reported or paid to COUNTY; or (2) amount in any representation that FRANCHISEE made or information that it submitted to COUNTY. D. Copies. FRANCHISEE shall provide copies of Customers' names, addresses, and solid waste management service levels and charges to COUNTY promptly upon request. E. Public Records Request. COUNTY shall notify FRANCHISEE as soon as practicable if: (1) Request: COUNTY receives a request to review or copy material that FRANCHISEE has marked "Trade Secret," "Confidential", or "Proprietary" in which event FRANCHISEE may present arguments and facts to COUNTY in support of FRANCHISEE'S position that the material is entitled to an exemption from disclosure under the State Public Records Act and should not be released; (2) Non -Exemption: COUNTY determines that the material is not entitled to an exemption from disclosure and that it must be released, in which event FRANCHISEE may seek a court order enjoining that release; and (3) Exemption and Action: COUNTY determines that the material is entitled to an exemption from disclosure and the one who requested the material files a legal action seeking its release. If any legal action is filed, FRANCHISEE shall either file a motion to intervene in the action or shall accept the release of the material by COUNTY. COUNTY has no obligation to defend the action and will release the material sought, without liability to FRANCHISEE, should FRANCHISEE fail to intervene in said action. (4) Within 30 days of following COUNTY's request, FRANCHISEE shall pay County's Reimbursement Costs incurred with respect to any Public Record Request for FRANCHISEE's documents. SECTION 11 -COUNTY'S DIVERSION PRIORITIES A. Acknowledgements. FRANCHISEE acknowledges that one of COUNTY's primary reasons for entering into this Agreement is to implement recycling programs at commercial and multifamily premises. FRANCHISEE shall use its best efforts to implement measures intended to achieve COUNTY's source reduction, recycling, and waste stream diversion goals for solid waste it collects. FRANCHISEE shall use its 26 2012-FAOOI Non -Exclusive Commercial Franchise best efforts to divert solid waste from disposal and cooperate with COUNTY in conducting solid waste characterization studies and waste stream audits. B. Recycling and Waste Diversion Plan. FRANCHISEE shall implement the Recycling and Waste Diversion Plan in its Request for Statement of Qualifications. Within one year from the date of this Agreement and each following year FRANCHISEE shall submit to the Director a report demonstrating FRANCHISEE'S implementation of its Recycling and Waste Diversion Plan. C. Scavenging- Discouragement. FRANCHISEE shall use reasonable efforts to enforce anti -scavenging laws, including: (1) Instituting civil actions against anyone alleged to have violated California Public Resources Code Section 41950 for treble damages, as measured by the value of the material removed, or a civil penalty of not more than $1,000.00, whichever is greater, for each unauthorized removal, under California Public Resources Code Section 41953; and (2) Taking actions under County Code Section 20.72.196 to discourage scavenging. SECTION 12 - REPORTS A. Types and Content. FRANCHISEE shall give COUNTY reports at COUNTY'S. address provided for notices under Section 18C of this Agreement in format (such as electronic) and content required by COUNTY. 1. Quarterly Reports, Within 30 days following the end of each quarter of the year, FRANCHISEE shall submit to COUNTY a combined report for each of the prior quarters in a format satisfactory to the County. Upon COUNTY request, FRANCHISEE shall provide its customer service list, including: (1) current and closed accounts, account numbers, and upon COUNTY further request, name associated with each account, (2) customer addresses, (3) level of service provided at each address, (4) additional services provided, (5) billing and payment dates, (6) incidents when FRANCHISEE left non -collection notices, (7) gross receipts from each customer, and (8) any other information associated with franchise services as requested by the Director. 27 2012-FA001 Non -Exclusive Commercial Franchise 2. Annual Report On or before each August 1st, FRANCHISEE shall submit a report for the prior year to COUNTY in a format and media, and with content acceptable to the County, such as vehicle lists, discussion of recycling plan implementation and updated identification of required personnel. 3. Legally Reauired Reports. FRANCHISEE shall file all reports required under law, including County Code Section 20.72.50 (Area, Services, Rates and Schedules). 4. Improper Solicitations. FRANCHISEE shall immediately report any attempt by a COUNTY officer or employee to solicit improper consideration (including in the form of cash; discounts; service; or the provision of travel, entertainment, or tangible gifts), to: (1) COUNTY manager charged with the supervision of the employee; or (2) the COUNTY Fraud Hotline at (800) 554-6861 or www.lacountvfraud.org. 5. Changes in Information FRANCHISEE shall update any information submitted in the Request for Statement of Qualifications within 30 days of any change in information, including changes in service, ownership, vehicles, or equipment. B. Additional Information. Promptly upon County request FRANCHISEE shall give County information relating to this Agreement (including substantiation of information submitted in reports to COUNTY). C. Statements and Information. FRANCHISEE represents that the information and documentation submitted by or on behalf of FRANCHISEE to COUNTY in connection with the following was correct and complete in all material respects at the time originally submitted and on the date of this Agreement. (1) applying for and securing its permit issued by the Los Angeles Department of Public Health; and (2) applying for and securing this Agreement. SECTION 13 - INDEMNIFICATION. A. Indemnification. FRANCHISEE shall indemnify COUNTY from and against all liabilities arising out of or in any way connected to this Agreement, including 28 - 2012-FA001 Non -Exclusive Commercial Franchise reimbursement to COUNTY for COUNTY liabilities to a third party (such as damages resulting from a suit against COUNTY by a customer). B. Release and Hold Harmless. FRANCHISEE shall release and hold harmless COUNTY from and against all liabilities arising out of or in any way connected to this Agreement, including not seeking reimbursement from COUNTY for Franchisee's liability to a third party (such as damages resulting from a suit against FRANCHISEE by a customer). C. Defense. Immediately upon commencement of any lawsuits, claims, complaints, causes of actions, or other demands brought against COUNTY for .liabilities arising out of or in any way connected to this Agreement, FRANCHISEE shall: (1) defend COUNTY with counsel approved by COUNTY, or (2) fund County Reimbursement Costs of defense. COUNTY may retain co -counsel at its own cost and expense and FRANCHISEE shall direct FRANCHISEE's counsel to assist and cooperate with COUNTY co -counsel. FRANCHISEE is not obligated to indemnify, release, hold harmless, or defend County if County is found solely negligent by a court of competent jurisdiction after County has exhausted all appeals. D. Definitions. In this section, "COUNTY" includes political subdivisions, agencies, entities, or organizations for which the Board of Supervisors is the governing body; their agents, officers, and employees, elected officials, assigns, volunteers, and special districts (including Garbage Disposal Districts); and each and every one of them. They are third party beneficiaries of provisions of this indemnity. `Tfabitities" includes: (1) lawsuits, claims, complaints, cause of actions and other demands, (2) citations, fine and other penalties, (3) investigations (such as costs of audits) related to another type of liability (such as a fine), (4) judgments, liens, cleanup orders, and damages in contract or tort, including the following. personal injury or death, and property damage, (5) losses, injuries, costs and expenses (including all costs and expenses of litigation, mediation or arbitration), such as the following: attorneys' fees, whether County Counsel or Franchisee's staff attorneys or outside attorneys, • accountants' fees, whether County Finance Director or outside accounts, 29 2012-FA001 Non -Exclusive Commercial Franchise appraisers' fees, expert witness fees, and other detriments of every nature and description whatsoever, whether under State of California or federal law. Examples of liabilities arising out of this Agreement include operations, CalOSHA, immigration, enforcement of law, and disposal (unless COUNTY designates the disposal facility). Reference to "indemnification" or "indemnity" in this Agreement includes the indemnification, release, hold harmless or defense, or all of them, under this Section. SECTION 14 - INSURANCE. A. Insurance. FRANCHISEE shall obtain insurance that meets the COUNTY's specifications as required by law (including County Code Section 20.70.020) and Attachment No. 3. SECTION 15 - FINANCIAL ASSURANCE. A. Amount. FRANCHISEE shall obtain a performance bond (or other financial assurance acceptable to COUNTY in its sole discretion), payable to COUNTY and meeting COUNTY'S specifications, in the largest of the following amounts: (1) required by law (including County Code Section 20.72.040); (2) on the date of this Agreement, in the initial amount of $25,000, which is established by the COUNTY, and in each following franchise year (or if there are less than six months in the prior franchise year, that lesser number of months), 110 percent of the following amounts FRANCHISEE paid COUNTY during the first six months of the prior year: franchise fees and any other amounts owed to COUNTY (such as AS 939 fees), plus any other amounts payable to COUNTY, plus any liquidated damages; or (3) other amount prescribed by COUNTY. The performance bond must be conditioned on faithful performance by FRANCHISEE of all the FRANCHISEE'S obligations under this Agreement, including payment obligations such as franchise fees. B. Surety. The performance bond must be executed by a corporate surety licensed to transact business (admitted) as a surety in the State of California. The 30 2012-FA001 NDmEXCIUSNe Commercial Franchise corporate surety must have an A.M. Best Rating of not less than A:VII, unless otherwise approved by COUNTY. C. No Substitution. The performance bond may not allow the bond surety to substitute another person to perform franchise services. The performance bond must provide for payment of moneys to COUNTY, including payment of: (1) franchise fees; (2) any liquidated damages, late penalty payments, or County's reimbursement costs; and (3) any amount that FRANCHISEE paid to COUNTY, but is subsequently recovered from COUNTY in any bankruptcy or similar proceedings relating to FRANCHISEE. SECTION 16 - BREACHES AND DEFAULTS; SUSPENSION; TERMINATION; DEBARMENT A. Notice of Breach; Franchisee Cure. "breach" means any failure by FRANCHISEE to meet one or more of its obligations under this Agreement If the Director determines that FRANCHISEE is in breach, the Director may give notice to FRANCHISEE identifying and describing the breach. FRANCHISEE may request to confer with COUNTY within 30 days of FRANCHISEE's request. FRANCHISEE shall cure the breach within: (1) 30 days from the receipt of COUNTY'S notice (or with respect to a breach of the Child Support Compliance Program, 90 days after notice by the Los Angeles County's Child Support Services Department), or (2) a shorter period of time determined by COUNTY if COUNTY determines that the public health and safety so require. FRANCHISEE may request additional time to correct the breach, but COUNTY may accept or reject that request in its sole discretion. B. Defaults, Notice, Suspension and Termination Defaults. "default" means any of the defaults described in the table below. 2. Suspension of Agreement 31 2012-FA001 Non -Exclusive Commercial Franchise Together with any other rights or remedies COUNTY may exercise under this Agreement, the Director may suspend this Agreement, in whole or in part, upon occurrence of default and immediate notice. The suspension shall continue only until FRANCHISEE demonstrates to COUNTY that FRANCHISEE can once again fully perform its obligations under this Agreement. 3. Termination. Together with any other rights or remedies that COUNTY has under this Agreement, the Director may terminate this Agreement effective on the 'Termination Date" in whole or in part, upon the occurrence of any default in the following table. However, the Director in his or her sole discretion may choose any longer or shorter "Termination Date" following COUNTY notice to FRANCHISEE upon determination that the public health and safety so require: 32 2012-FAoo1 Non -Exclusive Commercial Franchise TERMINATION DEFAULT DATE (No, days following COUNTY notice to FRANCHISEE of default) (1) Uncured (1) FRANCHISEE does not cure any breach 30 days or repeated of this Agreement other than breaches breach listed as specific defaults in (2) — (10) of this table, within 30 days of County notice of such breach under Section 16A, unless due to uncontrollable circumstances; or (2) FRANCHISEE repeatedly or habitually breaches this Agreement, as determined by the Director in his or her sole discretion, whether or not a FRANCHISEE has previously cured a specific instance of failure or refusal. (2) Failure to Unless due to uncontrollable circumstances, 30 days collect for 7 FRANCHISEE fails to provide franchise days services (other than under Attachment No.2 Roll -off Boxes) for a period of: (1)7 consecutive days following any scheduled collection date; or (2) 7 days in the aggregate from the date of this Agreement. 3 Failure to FRANCHISEE fails to provide franchise 130 days 32 2012-FAoo1 Non -Exclusive Commercial Franchise collect for services for more than 7 consecutive days, more than whether or not due to uncontrollable 7da s circumstances (4) Payments FRANCHISEE does not fully and timely pay 30 days to County COUNTY any amounts under this Agreement (including payment of franchise fees and liquidated damages): (1) more than twice in any year; (2) within 30 days of dated correspondence from the COUNTY stating that payment is due; or (3) with respect to payment of a shortfall in franchise fees, within 30 days of dated correspondence from the COUNTY identifying the shortfall. (5) Specified FRANCHISEE breaches any of its 30 days defaults obligations under this Agreement with respect to the following: (1) Child Support Compliance Program (if not cured within 90 days of notice); (2) Compliance with ILO Convention Concerning Minimum Age for Employment; (3) Nondiscrimination; (4) County Lobbyist Ordinance, or (5) County Defaulted Property Tax Ordinance. (6) Improper COUNTY finds that FRANCHISE offered or immediately consideration gave consideration, in any form, either directly or through an intermediary, to any COUNTY officer, employee, or agent: (1)with the intent of securing this Agreement; (2) with the intent of securing favorable treatment with respect to the award, amendment, or extension of this Agreement; or (3) with respect to the making of any determinations by COUNTY with respect to FRANCHISEE'S performance under this Agreement. 33 2012-FA001 Non -Exclusive Commercial Franchise 34 Consideration may take any form including cash; discounts; service; or the provision of travel, entertainment, or tan ible gifts. (7) Material or (1) FRANCHISEE does not remedy a immediately repeated material violation of law directly or violation of indirectly related to: law franchise services or this Agreement, • any other agreement with County, or • business administration of FRANCHISEE (such as tax or securities law violations), to the satisfaction of the applicable regulatory authority (including COUNTY when acting as a regulatory authority), within 30 days of the regulatory authority's notice, assessment, or determination of that violation. The Director in his or her sole discretion shall determine materiality. (2) FRANCHISEE repeatedly or habitually violates law, as determined by the Director in his or her sole discretion, whether or not FRANCHISEE has previously cured a specific violation of law. If FRANCHISEE is entitled to and does contest a notice, assessment, or determination of a violation by proceedings conducted in good faith, no default is deemed to have occurred until a final decision adverse to FRANCHISEE is entered. (8) Failure to FRANCHISEE does not meet its obligations immediately meet with respect to insurance and other insurance / assurances of its performance under this bond Agreement. obligations 34 (9) Insolvency (1) FRANCHISEE becomes insolvent or or bankruptcy files a .voluntary petition to declare bankruptcy; (2) a receiver or trust is appointed for FRANCHISEE; or (3) FRANCHISEE executes an assignment for the benefit of creditors. FRANCHISEE is deemed to be "insolvent" if it has ceased to pay its debts in the ordinary course of business or cannot pay its debts as they become due, whether or not FRANCHISEE has committed an act of bankruptcy and whether or not FRANCHISEE is insolvent within the meaning of the federal bankruptcy law or not. (10) fraud, During the procurement of this Agreement or 30 days misrepresenta after the date of this Agreement, tion, or FRANCHISEE does any of the following with breach of respect to this Agreement or the COUNTY: warranties 1. committed (or commits or attempts to commit) any fraud or deceit, 2. made (or makes) any intentional or material misrepresentations; 3. breaches any warranties, or 4. made or (or makes) any materially false or misleading statement, representation, or warranty. C. FRANCHISEE Responsibility and Debarment. COUNTY may debar FRANCHISEE from contracting or doing business with COUNTY in the following events: (1) after giving public notice and conducting a hearing under County Code Chapter 2.202, COUNTY determines that FRANCHISEE (or any of its subcontractors) is not responsible within the meaning of Chapter 2.202 and in accordance with COUNTY'S policy to do business with responsible contractors; (2) FRANCHISEE does not comply with the Child Support Compliance Program under County Code Section 2.200.020; or (3) FRANCHISEE does not comply with County Defaulted Property Tax Reduction Program. COUNTY may debar FRANCHISEE as provided in Subsection D below. 35 2012•FAODi Non -Exclusive Commercial Franchise D. E. Termination For Breach of Warranty to Maintain Compliance With County Defaulted Property Tax Reduction Program, 1. Acknowledoement. FRANCHISEE acknowledges that COUNTY has established a goal of ensuring that all individuals and businesses that benefit financially from COUNTY through contract are current in paying their property tax obligations (secured and unsecured roil) in order to mitigate the economic burden otherwise imposed upon the COUNTY and its taxpayers. Unless FRANCHISEE qualifies for an exemption or exclusion, FRANCHISEE warrants and certifies to the best of its knowledge, that on the date of this Agreement it is in compliance with County Code Chapter 2.206. 2, FRANCHISEE Default. Failure of FRANCHISEE to maintain compliance with the requirements set forth in Subsection D1 constitutes a default under Subsection B. 3. TerminationtDebarment. Without limiting COUNTY'S available rights under any other provision of this Agreement, if FRANCHISEE fails to cure a default within ten days of COUNTY notice, COUNTY may: (1) terminate this Agreement under Subsection B, and (2) pursue debarment of FRANCHISEE pursuant to County Code Chapter 2.206 and Subsection C. Convenience. COUNTY Right. COUNTY may suspend or terminate all or a portion of this Agreement at any time upon determining, in its sole discretion, that suspension or termination is in its best interest. 2. Notice. Suspension or termination shall become effective on the later of the following dates: (1) the date that COUNTY specifies in notice to FRANCHISEE, or (2) Ten days after COUNTY sends the notice. The notice shall also specify the extent to which this Agreement is suspended or terminated. 3. Stop Providing Franchise Services. After receiving notice FRANCHISEE shall: 36 2012-FA001 Non -Exclusive Commercial Franchise (1) stop providing franchise services on the date and to the extent specified in the notice or as otherwise directed by COUNTY; and (2) continue providing franchise services to the extent (if any) specified in the notice. SECTION 17 - ENFORCEMENT OF AGREEMENT A. As Provided by Law. Either party may avail itself of any remedy available under law. B. County's Additional Remedies. Without limiting COUNTY S remedies otherwise available under this Agreement, in law or at equity, at its option COUNTY may enforce a breach in one or more of the following ways: (1) if that breach is a default, execute alternative agreements to provide franchise services similar to those under this Agreement; (2) seek to obtain injunctive relief and/or damages; or (3) assess damages. C: injunctive Relief. FRANCHISEE acknowledges that COUNTY'S remedy of damages for a breach may be inadequate for many reasons, including the urgency of providing franchise services to protect the public health and safety. Consequently, COUNTY is entitled to all available equitable remedies, including injunctive relief. D. Recovery of Damages. COUNTY may draw upon FRANCHISEE's performance bond or any other instrument of performance assurance to pay damages. 1. Compensatory. COUNTY may seek compensatory damages, including: (1) amounts equal to any franchise fees, liquidated damages or other amounts that FRANCHISEE has paid to COUNTY but that are subsequently recovered from COUNTY by a trustee in bankruptcy as preferential payments or otherwise; and (2) the full amount of any commission, percentage, brokerage or contingent fee proscribed under the County Code. 2. Liquidated. The parties acknowledge: (1) COUNTY incurred considerable time and expense procuring this Agreement in order to secure an improved level and quality of recycling and compliance with solid waste diversion mandates; 37 - 2012-FAOOI NDri-Exclusive Commercial Franchise (2) Consistent and reliable franchise services, including collection of putrescible wastes that attract vermin and vectors are of the utmost importance to the public health, safety, and well being of residents and businesses in COUNTY; and (3) The following liquidated damages represent a reasonable estimate of the amount of damages, considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to COUNTY that reasonably could be expected and anticipation that proof of actual damages would be costly or inconvenient. SECTION FAILURE(s)* DAMAGES Under cited sections 3C dispose of rec clables or mix them with refuse $100/container 3F3 3G deliver materials to solid waste facilities selected by $3001truck- FRANCHISEE or designated by COUNTY delivery 4A collect during unauthorized hours six or more times $250 peryear Through- provide documentation for COUNTY review or $300/day per out comment; or obtain any COUNTY approval, consent occurrence or or other permission retraction/ correction of misinformation 461C,D meet service standards for litter, leaks and noise five $150 or more times per year 417(1), (3) return COUNTY calls, e-mails or correspondence two $500 & 4 or more times within 30 consecutive days 4F 2 meet with COUNTY two or more times per year $500 6B follow waste screening protocol $500 6D mark any bin and roll -off box with discard prohibitions $50 7C6 timely provide customer with Bill of Rights $100/day per customer 7C6 timely amend its subscription orders with respect to $100/day per the evergreen prohibition and customers' termination customer rig hts 7C6 terminate customer subscription upon qualifying $100/day per customer's request customer 7D repair or replace containers $500 7E collect or tag overloaded containers $100 7F clean up litter caused by FRANCHISEE $100 7G remove any graffiti within re uired times $100 10A2 mis-allocate ten percent or more tons of solid waste $5/route-day to County 10A4 IN enter log of/maintain/supplyof/maintain/supply complaint records $100 38 2012-FA001 Non -Exclusive Commercial Franchise 10A4 e-mail COUNTY complaint information six or more $100 10C times/ ear allow COUNTY to inspect, audit or copy records $150/da Attachment any other liquidated damage in Attachment No. 1 or As scheduled in 1 Attachment No. 2 the Attachment Section 10; submit complete and correct information or reports on Until corrected or Through- time: completed: out (1) $2001day (1) quarterly, (2) $300/day (2) annually, (3) $1501day (3) as required by AB 939 or County Code, or (4) $100/day L41 any other time required under this Agreement. 'Reference to "failure" refers to each occurrence of specified breach (such as for each customer and each customer's bin and roll -off box set out site, record entry, or complaint) and not for aggregate occurrences of those breaches (such as for all customers on a given route or day). By placing its initials below, each party specifically confirms: (1) the accuracy of the statements made in this Subsection; and (2) that it has had ample opportunity to consult with legal counsel and obtain an explanation of liquidated damage provisions prior to signing this Agreement. FRANCHISEE COUNTY Initial Here: Initial Here: E. County's Reimbursement Costs. FRANCHISEE shall pay COUNTY promptly upon Director's request County's reimbursement costs of: (1) conducting a nonroutine investigation of any alleged breach; and (2) incurred as a consequence of breach. F. Waiver. COUNTY's waiver of any specific breach is not a waiver of any other breach of that same provision. COUNTY's failure to enforce this Agreement is not a waiver of any breach. SECTION 18 - GENERAL PROVISIONS A, Independent Status. FRANCHISEE is an independent entity and not an officer, agent, servant, or employee of COUNTY. This Agreement is between COUNTY and FRANCHISEE and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association between COUNTY and FRANCHISEE, including for purposes of 39 2012-FAOo1 Non -Exclusive Commercial Franchise workers' compensation. FRANCHISEE is solely responsible for the acts and omissions of its officers, agents, employees, and any subcontractors. B. Venue, Service of Process. In the event of litigation between the parties, venue shall lie exclusively as follows with respect to litigation in California courts, trial courts located in the COUNTY, or with respect to litigation in a United States District Court, located in the Central District of California. FRANCHISEE shall accept service of process at the address provided for notices from COUNTY under this Agreement. C. Notices. "notices" (or other variations thereof, such as "notify) given by either party to the other under this Agreement must be: (1) Written: in writing, (2) Means: delivered by the following means (which shall be effective at the following times): personal delivery (effective immediately); sent by e-mail with "read" receipt or telecopier with "transmission" receipt (effective immediately); or registered or certified mail, return receipt requested, (effective three days after mailing); (3) Address: addressed as follows (or to other address provided by a party, dated and acknowledged by the other party): with respect to the COUNTY: County of Los Angeles Department of Public Works Environmental Programs Division 900 South Fremont Avenue Alhambra, CA 91803 Attn: County's Authorized Representative: Paul Alva Facsimile Number: 626.458.3569 E-mail: Palva0dow lacountv.aov with respect to FRANCHISEE, to the individual contact and address provided in the Request for Statement of Qualifications , SECTION 19 - DEFINITIONS AND INTERPRETATION OF AGREEMENT A. Definitions. For ease of reading, most words that are defined terms in this Agreement are not capitalized. Words in this Agreement have the meanings given in the References or text of this Agreement, regardless of whether or not they are capitalized. 40, 2012-FA001 Non -Exclusive Commercial Franchise B, Construction. If any provision of Sections 1 through 20 of this Agreement or its References is inconsistent or conflicts with any attachment or exhibit (other than Attachments No. 1 and No. 2), then the provision governs unless the Director determines that it is contrary to the public health and safety or other public interest. C. Integration. This Agreement contains the entire agreement between the parties with respect to their rights and responsibilities under this Agreement. This Agreement completely and fully supersedes all prior oral and written understandings and agreements between the parties with respect to those rights and responsibilities. However, the parties acknowledge that the following are incorporated in this Agreement by reference: (1) portions of the Request for Statement of Qualifications referenced in this Agreement; and (2) provisions of law under Section 4A. D. Governing Law. This Agreement is governed by, and construed and enforced in accordance with, the law of the State of California, without giving effect to the State's principles of conflicts of laws. E. Severability. If any provision of this Agreement (other than with respect to. COUNTY designation of a solid waste facility) is ruled illegal, invalid, nonbinding or unenforceable by any court of competent jurisdiction, it is severed from this Agreement and this Agreement must be construed as if it did not exist. F. Interpretation. This Agreement shall be interpreted and construed neither for nor against either party, regardless of the degree to which either party participated in its drafting. FRANCHISEE acknowledges that it determined to provide franchise services and to enter into this Agreement upon its own choice and initiative. Each party represents and warrants that it and its counsel have reviewed this Agreement. FRANCHISEE shall not make any claim against COUNTY based on any estimates, statements or interpretations made by any officer, employee, agent, or consultant of COUNTY in connection with the procurement of this Agreement, which proves to be wrong in any respect. SECTION 20 - EXECUTION OF AGREEMENT A. Execution in Counterparts. This Agreement may be signed in any number of original counterparts, which constitute but one and the same agreement. B. Authority to Execute. Each party respectively warrants as follows: 41 2012•FAU01 Non-E%OIUSive Commercial Franchise (1) It has duly authorized the individual below to sign this Agreement on its behalf, and (2) that individual has the full right, power, and authority to bind its related party to this Agreement. IN WITNESS WHEREOF, by order of its Board of Supervisors COUNTY has caused Director of Public Works to sign this Agreement, and FRANCHISEE has caused its duly authorized officers to sign this Agreement, on the respective dates written below their names. COUNTY OF LOS ANGELES By /6/ Director of Public Works Date �%,`F�1°` APPROVED AS TO FORM: JOHN F. KRATTLI USA WASTE OF CALIFORNIA, INC. dba WASTE MANAGEMENT COMPTON HAULING, WASTE MANAGEMENT LA METRO HAULING, WASTE MANAGEMENT BLUE BARREL DISPOSAL 11 Type or Print or Print Name H lam' 42 2072-FAOOI Non -Exclusive Commercial Franchise ATTACHMENT NO. i (Section 3A) - FRANCHISE SERVICES A. MANDATORY RECYCLING. Service Ovtions. FRANCHISEE shall provide each customer that must receive recyclables collection service under law, including provisions attached as Exhibit D, one of the following recycling service options without additional charge: (1) a one cubic yard recyclable bin, collected weekly; (2) if customer does not have space for storing a one cubic yard bin, then upon customer request, up to two -96 gallon recyclable carts; or (3) any other recycling program allowed under Exhibit D, such as processing solid waste at a MRF to recover recyclables. Within four months of COUNTY direction, FRANCHISEE shall also provide each customer identified by COUNTY with one of the preceding recycling service options, without charge. For example, COUNTY may direct FRANCHISEE to provide recycling service for customers that discards less than 4 cubic yards of refuse per week. FRANCHISEE shall provide recycling service whether or not customer requests it. 2. Additional Recycling Services and Charges. If FRANCHISEE provides service options (1) or (2) in subsection Al, within one week of a customer's request, FRANCHISEE shall provide that customer with an additional container of the type and in the capacity requested by the customer and collect it at the frequency requested by the customer. FRANCHISEE shall charge customer 1/2 of the rate it charges for the same type and capacity of refuse container and same frequency of refuse collection service. FRANCHISEE shall not identify or itemize any charge for recycling for customer, including on customers invoices. 3. Diversion. FRANCHISEE shall collect and recycle or otherwise divert from disposal the recyclables discarded in these containers. B. VOLUNTARY RECYCLING. Within one week of request by a customer that is not subject to mandatory recycling service under Subsection A, FRANCHISEE shall provide customer the franchise services described in Subsection A above. C. VISIT AND AUDIT, FRANCHISEE's Recycling Coordinator described in Subsection D2 (or other individual trained and supervised by the Recycling 43 2012-FA001 Non -Exclusive commercial Franchise Coordinator) shall visit the premises of FRANCHISEE's customers that are subject to mandatory recycling services under Subsection A at the following times: (1) (2) (3) during the first 12 months after this franchise date, all customers; and after those first 12 months, each franchise year; or at the frequency required by law. of those customers every other At each visit, FRANCHISEE shall conduct the following audit, without additional charge: (1) review the customer's franchise service subscription, including the number and size of customer's bins and roll -off boxes for refuse and recyclables, respectively, and collection frequency; (2) conduct a waste characterization by visually inspecting customer's discards and estimating amount of recyclables and refuse; (3) note any other recycling programs, such as self -hauling recyclables to a MRF or subscribing to third -party recycling services (such as corrugated cardboard collection); (4) develop and recommend a waste reduction and recycling plan based on business type and/or multifamily that the customer could implement to reduce and divert solid waste, as well as available solid waste diversion programs; and collection frequency, and provide a written copy of such practices; (5) make any recommendations in writing to change the customer's franchise service subscription, including changing the number, size, and type (such as solid waste or recyclables) or collection frequency of containers in order to provide adequate refuse disposal service but also maximize recyclables diversion; (6) check each customer's containers to monitor: Participation: recyclables discarded in refuse containers, and Contamination: refuse and other contaminating materials discarded in recyclables containers; (7) Identify manufacturing or processing residual, and estimate its volume, (8) check customer's premises for posting of educational materials required under FRANCHISEE'S Recycling and Waste Diversion Plan in its Request for Statement of Qualifications, such as recycling posters in multifamily common rooms; (9) identify why a customer is not recycling, for example: zoning conflicts, ■ lack of storage space, 44 2012-FA001 Non -Exclusive Commercial Franchise • lack of markets, • non generation of recyclable materials, • customer with verifiable recycling program, or • unwillingness; and (10) Investigate other matters requested by County. If FRANCHISEE'S auditor is unable to meet with someone at customer's premises who is authorized to order franchise services, or if a business is closed, FRANCHISEE shall leave a "Sorry we missed you card" with contact information and recycling information acceptable to COUNTY. FRANCHISEE's auditor shall note the date and time of his or her visit and return again within ten days of that date. FRANCHISEE shall visit all of its customers each year. 2. RQROCt. FRANCHISEE shall submit an audit report to COUNTY quarterly or within one week of COUNTY request, including: (1) date of visit to customers premises; (2) address and type of premises; (3) the customer's service subscription at the time of the visit (including number, size, and type - such as solid waste or recyclables - or collection frequency); (4) any FRANCHISEE recommendations to increase solid waste reduction and recycling/diversion; and (5) any additional information requested by the Director. FRANCHISEE shall use reasonable efforts to complete and to submit reports electronically. 3. information. Within one week of COUNTY request, FRANCHISE shall submit a copy of the information on solid waste reduction and diversion practices and any recommendation that FRANCHISEE provides to any customer. D. CUSTOMER EDUCATION AND OUTREACH Biannual Newsletter. Twice each year, FRANCHISEE shall prepare promotional and educational materials/newsletters in the bilingual form required by the Director promoting solid waste reduction, recycling, and diversion. FRANCHISEE shall submit the materials to Director for review on each January 1 and July 1. Within 30 days of Director's accepting the materials FRANCHISEE shall distribute them to its customers, which may be electronically, upon customer request; (1) via the U.S. Postal Service with prepaid postage, or 45 2072-FA001 Non -Exclusive Conmerdal Franchise (2) door-to-door delivery service to customer's premises. FRANCHISEE shall also distribute them to new customers together with the Customer Subscription Form and Customer Bill of Rights. 2. Recycling Coordinator. FRANCHISEE shall employ or retain an individual qualified to conduct customer waste surveys and developing site-specific plans for recycling, reduction, and diversion of solid waste generated by customers. °Recycling Coordinator" means the person described in this Subsection. E. VEHICLES. FRANCHISEE shall give COUNTY a list of all vehicles that FRANCHISEE uses to provide services under this Agreement on the date of this Agreement. FRANCHISEE shall give COUNTY an updated list annually or upon one week's request of COUNTY. FRANCHISEE shall provide franchise services with vehicles that comply with law, including: (1) South Coast Air Quality Management District rules and regulations, including Rule 1193, Clean On -Road Residential and Commercial Refuse Vehicles; (2) California Health and Safety Code Section 43000 et seq., with respect to air emissions (smog checks); (3) California Vehicle Code Section 27456b, with respect to tires; (4) California Vehicle Code Section 34500 at seq., with respect to vehicle safety, including bi-annual "BIT" inspections conducted by the California Highway Patrol; (5) rules and regulations promulgated under the California Vehicle Code with respect to vehicle highway lighting, flashing, and warning lights, clearance lights, and warning flags; (6) rules and regulations of the California Department of Motor Vehicles with respect to vehicle registration and weight limits; (7) the appropriate class of drivers' licenses issued by the California Department of Motor Vehicles; (8) Control Measure for Diesel Particulate Matter from On -road Hea - 13 CCR 2020 et seg.; (9) 14 CCR 17341, 17342, 17343, and 17344, with respect to equipment construction, safety, and parking and identification of operating equipment; (10) permit conditions under County Code Section 20.68.050 , and (11) decals 46 " 2012-FA001 Non -Exclusive Commercial Franchise F. SPECIAL SERVICES FOR RESIDENTIAL AND MULTIFAMILY CUSTOMERS. FRANCHISEE shall provide the franchise services prescribed in this Section without additional charge to its residential and multifamily customers. 1. Holiday Tree Collection. FRANCHISEE shall collect, transport, process, and divert all holiday trees such as Christmas trees and Hanukkah bushes discarded at any customer's container set -out site, on or before the customer's next regularly scheduled collection day: (1) during ng January 14, or h (2) another o period established by COUNTY notiod beginning December 26 to exceed three weeks, and at a Customer's request. Holiday trees must stripped of ornaments, garlands, tinsel, flocking, and stands. 2. Bulky Items E -waste and CEDs Collection. FRANCHISEE shall provide bulky item, E -waste and CEDs collection to customers through service option b or c in subsection F2 below and shall inform the County of the selected service option per customer through the Quarterly Report. a. "bulky item". °bulky item" means any large item of solid waste that can be safely lifted by two individuals using a dolly, including the following: (1) discarded furniture (such as chairs, sofas, mattresses and rugs); (2) appliances (such as refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing and other similar items commonly known as °white goods"); and (3) up to two tires per customer from passenger cars or pickup trucks. b. Five On -Calf Pickups Per year Without Additional Charge; Additional Pickups. FRANCHISEE shall collect no more than five bulky items and unlimited E -waste and CEDs per pick up upon 24 hours advance request of a residential or multifamily customer on that customer's next regularly scheduled collection day or other date agreed to between that customer and FRANCHISEE, at that customer's regular site for placing solid waste containers but not in any roadway or other public right of way. FRANCHISEE shall collect those materials without charge five times each year, but may charge amounts agreed to between FRANCHISEE and customer 47 2012-FA061 Non -Exclusive Commercial Franchise for a 61h or more time that same year. "Customer" does not include individual tenants in a multifamily residence. FRANCHISE shall use reasonable efforts to recycle bulky items, E -waste and CEDs. C, Annual Cleanup Event FRANCHISEE shall collect unlimited amounts of bulky items and E - waste and CEDs of a residential or multifamily customer on the date agreed to between that customer and FRANCHISEE, at that customer's regular site for placing solid waste containers but not in any roadway or other public right of way. FRANCHISEE shall collect those materials at no charge. d. Personal Contact Annually. At least once each year FRANCHISEE shall talk with or meet in person the owner or superintendant of a multifamily residence and schedule the annual cleanup event. Leaving voice mail messages or sending e-mails to which no one responds does not satisfy this obligation. 3. Sharps Program a. Distribution of Storage and Mailing Containers. Within one week of a residential or multifamily customers request or multifamily customer's tenantsrequest for the following franchise services, FRANCHISEE shall provide customer or tenant at that customer's premise, without additional charge to that customer, the tenant or the COUNTY, with one to four container(s) satisfactory to County that has at least a one gallon capacity for discard of sharps. On each container FRANCHISEE shall attach information acceptable to County on the manner (including locations) in which the customer or tenant can dispose of sharps in accordance with applicable law. b. "Sharps". `Sharps' means any item generated by a residential or multifamily customer at their premises having comers, edges, or projections capable of cutting or piercing the skin to deliver injections or for medical purposes, including: (1) hypodermic, pen or intravenous needles, (2) needles with syringes, (3) needles from vacutainers, (4) needles with attached tubing, and (5) lancets. 48 2012-FA007 Non -Exclusive Conmemial Franchise G. SPECIAL SERVICES FOR COMMERCIAL CUSTOMERS. 1. On -Call PICKUPS Tor liommeruva: t us>dvulcoa •••�•• »—••—• ---- FRANCHISEE shall collect unlimited amounts of bulky items, E -waste, and CEDs upon 24 hours advance request of a commercial customer who subscribes to franchise service for commercial premises, on that customer's next regularly scheduled collection day or other date agreed to between that customer and FRANCHISEE for the charge agreed to between FRANCHISEE and customer. H. FOOD DIVERSION PLAN. Director -approved Plan. Within three months from the date of this agreement FRANCHISEE shall give the Director a plan for diverting solid waste comprised of food waste generated at commercial customers' premises. Examples of diversion include arranging for delivery to food banks, and composting or bioconversion process. Examples of commercial customers premises include: (1) the following businesses identified by Office of the Assessor property use classification codes: • 1400-1420: Supermarkets, Small Food Stores 2100-2120: Restaurants, Fast Food Restaurants (Walk Up and Drive Up) 3400-3420: Food Processing Plants 6100-6g00: Theaters, Bowling Alleys, Athletic and Amusement Facilities 7200-7202: Private Schools 7500: Homes for Aged and Others, and (2) other businesses identified by COUNTY: FRANCHISEE shall incorporate Director's comments on the plan, if any, into the plan. 2• Service. Upon a commercial customer's request, FRANCHISEE shall provided services described in its food diversion plan, subject to agreement with the customer on any additional charge. 3. Customer Information: Containers. FRANCHISEE shall: 45 Prior to commencing service, 2012-FA001 Non Ex USW Commercial Franchise (1) inform each applicable customer of program implementation (including discard and set -out instructions, collection schedules, commencement date and cost, if applicable); and (2) provide customers with sufficient number and capacity of containers to store discarded food waste pending collection. 4. Plan tmglementation. Within six months from the date of this Agreement, FRANCHISEE shall begin diverting food under its Director - accepted plan. SO - 2012•FA00i Non•E)QzhlsiVe commercial Franchise Left intentionally Blank 51 2612-FAD01 Non -Exclusive Commercial Franchise ATTACHMENT SPE(Section 3A) o FRANCHISE SERVICES AND SERVICE SPECIFICATIONS FOR ROLL -OFF BOXES A, Container delivery. FRANCHISEE shall deliver a bin or roll -off box to any set - out site, at any time, and at a charge agreed to, between FRANCHISEE and customer. FRANCHISEE shall not leave the roll-off b x oro bin unless Permithe customer provides FRANCHISEE with a copy of any required under County Code. Customers may keep on-call roll -off boxes for five weekdays or other time as agreed to between FRANCHISEE and Customer, not counting the delivery and removal days. B. Container pick up. FRANCHISEE shall pick up the bin or roll -off box at a time agreed to with customer. C. Diversion. FRANCHISEE shall use reasonable efforts to divert all materials that it collects under Subsection B above. FRANCHISEE shall divert soil, rock and gravel, other C&D debris, and inert materials at the levels prescribed in County Code 20.87.040. FRANCHISEE shalt transport and deliver materials that cannot be diverted to the FRANCHISEE -selected or COUNTY designated solid waste facility. 52 2012-FA001 Non -Exclusive Commercial Franchise ATTACHMENT NO.3 (Section 14) INSURANCE REQUIREMENTS A. PROGRAMS. Without limiting its indemnities, and in the performance of this Agreement and until all of its obligations pursuant to this Agreement have been met, FRANCHISEE shall provide and maintain the following programs of insurance at its own expense. Obligations under this attachment are in addition to and separate from any other obligation in this Agreement. COUNTY reserves the right to review and adjust the insurance requirements in this attachment if County determines that there have been changes in risk exposures. COUNTY makes no warranty that the insurance coverage terms, types and limits in this attachment is sufficient to protect the FRANCHISEE for liabilities that may arise from or in relation to this Agreement. 1. Primary Excesst Non Contributory. All FRANCHISEE'S insurance shall be primary with respect to any other insurance or self-insurance programs available to COUNTY. 2, Cancellation of or Chan ates in Insurance. FRANCHISEE shall provide COUNTY with, or FRANCHISEE's Insurance policies shall contain a provision that COUNTY shall receive, written notice of: t. Cancellation of required insurance, or 2, any change in required insurance, including insurer, limits of coverage, term of coverage. or policy period. FRANCHISEE shall provide the written notice to COUNTY at least: 1. days in advance of cancellation for nonpayment of premium and 2. 30 days in advance for any other cancellation or policy change. The written notice cannot include language with respect to "endeavor' or exculpation for "failure to do so". 3. Noncompliance, Neither the County's failure to obtain, nor the COUNTY'S receipt of, or failure to object to a noncomplying insurance certificate or endorsement or any other insurance documentation or information provided by the FRANCHISEE, its insurance broker(s) and/or insurer(s), shall be construed as a waiver of any obligation under this attachment. If FRANCHISEE does not provide and maintain those programs of insurance, COUNTY may elect to purchase required insurance coverage without further notice to FRANCHISEE, and COUNTY may charge FRANCHISEE any premium costs advanced by COUNTY for 53 2012-FAOU1 Non -Exclusive Commercial Franchise that insurance and draw on the performance bond, letter, of credit, or other form of performance assurance provided by FRANCHISEE. FRANCHISEE must comply with ail terms of insurance and insurers. However, Insurance must obligate the insurer to pay COUNTY claims that are covered under the policy even if FRANCHISEE or COUNTY does not comply with all policy requirements or duties (such as failing to report an incident or claim in a timely manner, law, allowing operations or use of the Project not permitted under the policy, or making misrepresentations). 4. Evidence of Insurance: COIs and copies of policies. On the date of this Agreement and thereafter 30 days prior to each policy renewal and also within two County business days of any COUNTY request, FRANCHISEE shall deliver a certificate or certificates of insurance or other evidence of coverage acceptable to the Director at the address provided for Notices. Certificates or other evidence must: a. Agreement, insured and insurers (1) specifically identify this Agreement by name or number; (2) name the insured party that matches the name of FRANCHISEE executing this Agreement; (If FRANCHISEE's direct (or indirect) parent is the named insured, the DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS in the COI must state that FRANCHISEE is also a named insured under all listed policies); (3) provide the full name of each insurer providing coverage and the insurers NAIC (National Association of insurance Commissioners) identification number, (4) and each insurer's financial rating. b. Types and limits: (1) Clearly evidence all coverage, types and limits required in this Agreement. Coverage may consist of a combination of primary and excess policies. Excess policies must provide coverage as broad as („follow form” over) the underlying primary policies; (2) Identify standard policy forms or their equivalent. c. Attach additional endorsements: (t) Additional insured Endorsements. Include copies of the additional insured endorsements to General Liability Policy which must add COUNTY and its Special Districts, elected officials, 54 - 2012-FA001 Non-ExclusWe Commercial Fara hise officers, agents, and employees as additional insureds with respect to liability arising out of ongoing and completed franchise services, and applicable with respect to liability and defense of suites arising out of FRANCHISEE'S acts or omissions, whether that liability is attributable to the FRANCHISEE or the COUNTY. The full policy limits and scope of protection must apply to each of those additional insureds even if those limits or scope exceed the minimum required insurance specifications in this Agreement. FRANCHISEE may use an automatic additional insured endorsement if the endorsements meet the requirements of this attachment. (2) Waiver of Subrogation Endorsements. Include copies of subrogation endorsements necessary to effect FRANCHISEE'S waiver of its and its insurer(s)' rights of recovery against County under all insurance, to the fullest extent permitted by law. (3) Primary, Excess, Non -Contributory. All insurance must be primary with respect to any other insurance or self-insurance programs available to COUNTY. (4) Pollution Endorsement to Automobile Liability, or equivalent, must remove any pollution and asbestos exclusion from the policy. (5) Insured -vs. -Insured. If a policy of Insurance contains an insured -vs. -insured provision, it must be endorsed to provide cross -liability coverage as would be afforded by the standard ISO separation of insureds provision with no insured -vs. -insured exclusions or limitations. (6) Full Policy Limits additional insured minimum required Agreement and scope of protection even if those limits or specifications for must apply to each scope exceed the nsurance in this d, deductibles and SlRs. Identify any retained losses, deductibles or self-insured retention ("SIR") exceeding $50,000 for COUNTY'S approval. FRANCHISEE'S policies shall not obligate COUNTY.to pay any portion of any FRANCHISEE retained loss, deductible or SIR. COUNTY retains the right to require FRANCHISEE to reduce any deductibles or self-insured retention as they apply to COUNTY or to require FRANCHISEE to provide a bond, letter of credit, or certificate of deposit guaranteeing payment of all retained losses and related costs, including expenses, or both, related to 55 2012-FAo01 Non-Fxclushe Commercal Franchise investigations, claims administrations, and defense. The bond must be executed by a corporate surety licensed to transact business in the State of California; the letter of credit must be issued by a bank or other financial institution acceptable to the County; and e. Signature verification. Include documentation acceptable to COUNTY verifying the following: . that the individual signing or counter -signing the certificates, and at COUNTY'S request, the ,policies, endorsements, or other evidence of coverage, is authorized to do so, and • identifies his or her company affiliation and title. f. At COUNTY'S request, FRANCHISEE shall promptly provide COUNTY with complete, certified copies of any policy of insurance that FRANCHISEE must carry under this Agreement. g. Claims Made/Retroactive Date. The policy retroactive date, which can be identified, on any insurance written on claims made basis, must precede the date of this Agreement. The effective date of each policy must not be any later than the date of this Agreement. FRANCHISEE shall maintain any claims made coverage for a period of not less than three years following expiration, termination or cancellation of this Agreement. h. Text of Provisions in Blanket Policies. A certified copy of the provisions in each blanket policy, if any, that provides evidence satisfactory to COUNTY that the policy meets the requirements of this Agreement. i. Without limiting its indemnification under the Agreement, FRANCHISEE assumes all obligations of the insurer providing Insurance to defend COUNTY (which might be broader than FRANCHISEE's indemnification), for the following period of time: (1) beginning immediately upon filing any action against COUNTY that the insurer would be required to defend, until (2) the deductible or SIR has been met and the insurer does defend COUNTY. As soon as possible (but no longer than ten days), FRANCHISEE shall report to COUNTY when FRANCHISEE has exceeded FRANCHISEE's deductible or Self Insured Retention ("SIR"). Upon COUNTY request, Insurance must provide: 2012-FADOI Non -Exclusive Cwmerciaf Franchise (1) application of insurer's defense costs to reduction of deductible or SIR; and (2) give COUNTY right to approve a claims settlement and receive payments directly. 5. Insurer Financial Rating. FRANCHISEE shall secure insurance provided by an insurance company meeting the following requirements: (1) be acceptable to COUNTY (for example, COUNTY might require that the insurer be admitted in California), and (2) have a rating by A.M. Best Company of not less than A: VII, unless otherwise approved by COUNTY. 6, Reporting: Incidents, Claims, or Suits; Claims Paid or Reserved: a. Not cation of Incidents, Claims, or Suits. As soon as possible, (but no later than ten days after any of the following events) FRANCHISEE shall promptly report the following in writing to the Director: (1) Any accident or incident relating to the franchise services involving injury or property damage that may result in the filing of an insurance claim against any insurance policy, its legal claim, or lawsuit against FRANCHISEE, any subcontractor and/or COUNTY; (2) Any third -party claim or lawsuit filed against FRANCHISEE arising from or related to franchise Services; (3) Any injury to a FRANCHISEE employee that occurs on COUNTY property, and (4) Any loss, disappearance, destruction, misuse, or theft of COUNTY property, money or securities entrusted to FRANCHISEE. FRANCHISEE shall submit its report on a COUNTY "Nonemployee Injury Report" form available by request from the COUNTY. b_ Claims Paid or Reserved. FRANCHISEE shall immediately report the following in writing to the Director if total claims (both paid and reserved) against any policy of insurance (except with respect to Workers' Compensation) exceed more than 80 percent of the required aggregate policy limits. (In that event, FRANCHISEE must obtain additional Insurance or provide COUNTY with financial assurance satisfactory to COUNTY in order to maintain those required policy limits.) 57 2012-EA001 - Non-Exolusiv Commercial Fmn*iW Insurance Coverage Requirements. FRANCHISEE shall secure and maintain insurance coverage meeting the following requirements: (1) General Liability Insurance (written on ISO policy form CG 00 01 or its equivalent - occurrence, not claims made) with limits of not less than the following: General Annual Aggregate: $4 million Products/Completed Operations Aggregate: $4 million Personal and Advertising Injury: $1 million Each Occurrence: $2 million The general liability policy must provide contractual liability coverage for FRANCHISEE'S indemnification of COUNTY. (2) pollution Liability Coverage for pollution conditions resulting from transported cargo, with annual limits of not less than (iiinc umillion ding per cleanupoccurrence costs)and thatt FRANCH SEE becomescovering (legally obligated to pay as a result of claims for bodily injury, property damage, and cleanup costs, (including but not limited to, expenses required by environmental laws or incurred by Federal, State, or local governments or third parties) resulting from pollution conditions caused by transported cargo (including waste). For the purpose of this Subsection, "pollution conditions" includes the dispersal, discharge, release, or escape of any solid, liquid, gaseous or thermal irritant or contaminant (such as smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, medical waste, and waste materials) into or upon land, any structure on land, the atmosphere, or any watercourse or body of water (including groundwater), provided the conditions are not naturally present in the environment in the amounts or concentrations discovered. The pollution liability coverage must provide contractual liability coverage, by endorsement, if necessary, for FRANCHISEE'S indemnification of COUNTY. FRANCHISEE'S general liability policy may be endorsed to provide the required pollution liability coverage. FRANCHISEE is not required to provide this insurance if it provides franchise services only in roll -off boxes. (3) Automobile Liability Coverage (written on ISO policy forms CA 00 12 or CA 00 20 or their equivalent - occurrence, not claims made) with a limit of liability not less than $2 million for each accident and endorsed to include pollution liability 58 2012-FA001 Non -Exclusive Commercial Franchise (written on form CA 99 48 or its equivalent). The insurance must cover all vehicles used by FRANCHISEE pursuant to its operations and services and the terms of this Agreement. FRANCHISEES subject to federal regulations also shall maintain any other coverage necessary to satisfy state or federal financial responsibility requirements. (4) Workers' Compensation and Employers' Liability insurance providing workers' compensation benefits required by the California Labor Code or by any other State labor law, and for which FRANCHISEE is responsible. In all cases, this insurance must also include Employers' Liability coverage with limits of not less than the following: I. Each accident: $1 million ii. Disease - policy limit: $1 million iii. Disease -each employee: $1 million 8. Insurance Coverage ree w6Crrrcecca o.. .% .- FRANCHISEE shall ensure that all subcontractors performing franchise services under this Agreement secure and maintain the insurance coverage required in Subsections 61 through 7 of this attachment by providing evidence that either: (1) FRANCHISEE is maintaining the required insurance covering the activities of Subcontractors, or (2) Subcontractors are maintaining the required insurance coverage. FRANCHISE shall provide COUNTY with any subcontractor request to modify that insurance coverage and get COUNTY approval prior to modification. C. Compensation for County Costs. if FRANCHISEE fails to comply with any of the Indemnification or insurance requirements of this Agreement and that failure results in any costs to COUNTY, FRANCHISEE shall pay full compensation for all County's reimbursement costs. D. Alternative Risk Financing Programs. County reserves the right to review and then approve FRANCHISEE'S use of self-insurance, risk retention groups, risk purchasing groups, pooling arrangements and captive insurance to satisfy obligations under this attachment. County and anyone named as additional insured shall be designated as an Additional Covered Party under any approved program. - 2012-FAOO1 Non -Exclusive Commercial Franchise ATTACHMENT NO.4 - LABOR -RELATED PROVISIONS REQUIRED IN COUNTY CONTRACTS A. LABOR CODE. FRANCHISEE and its agents and employees are bound by and shall comply with all applicable provisions of the California Labor Code as well as all other laws related to labor. FRANCHISEE acknowledges that eight hours labor constitutes a legal day's work under law. FRANCHISEE shall require work in excess of eight hours a day or 40 hours during any one week only as authorized by California Labor Code Section 1815. By and through its execution of this Agreement, FRANCHISEE represents and warrants that it is aware of and understands the provisions of Califomia Labor Code Section 3700, which requires every employer to be insured against liability of Workers' Compensation or to undertake self-insurance in accordance with those provisions before commencing the performance of work under this Agreement and agrees to fully comply with those provisions. B. CONSIDERATION OF GAINIGROW PARTICIPANTS FOR EMPLOYMENT. Should FRANCHISEE require additional or replacement personnel after the Execution Date, FRANCHISEE shall give consideration for any of those employment openings to participants in COUNTY'S Department of Public Social Services' Greater Avenues for Independence (GAIN) Program or General Relief Opportunities for Work (GROW) Program who meet FRANCHISEE'S minimum qualifications for the open position. COUNTY shall refer GAIN/GROW participants, by job category, to FRANCHISEE. For this purpose, "consideration" means that FRANCHISEE shall interview qualified candidates. C. NOTICES TO EMPLOYEES. 7. Re ardin 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. Re ardin Safel Surrendered Bab Law. FRANCHISEE acknowledges that COUNTY places a high priority on the implementation of the Safely Surrendered Baby Law (SB 1368) a. Fact Sheet. FRANCHISEE shall notify and provide to its employees and shall require each subcontractor performing Franchise Services to notify and provide to subcontractors' employees a fact sheet regarding the Safely Surrendered Baby 60 2012-FA001 Non -Exclusive Commercial Franchise Law, its implementation in the COUNTY, and where and how to safely surrender a baby. FRANCHISEE shall print and make available in every facility where its employees are present, including offices and operation yards, the fact sheet that is available at www babvsafela.ora. b. Poster. FRANCHISEE understands that it is COUNTY'S policy to encourage all COUNTY contractors to voluntarily post COUNTY'S "Safely Surrendered Baby Law" poster in a prominent position at the contractor's place of business. FRANCHISEE shall also encourage its subcontractors to post this poster in a prominent position in the subcontractors' place of business. COUNTY'S Department of Children and Family Services shall supply FRANCHISEE with the poster to be used. 3. Rectar lino Child Su000rt. FRANCHISEE acknowledges that COUNTY EMa 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 CHILI) LABOR, 1. Com fiance wan r4v Emalovment FRANCHISEE shall not knowingly sell or supply to COUNTY or Customers any products, goods, supplies, or other personal property manufactured in violation of child labor standards set by the International Labor Organization through its 1973 Convention Concerning Minimum Age for Employment (the "Convention Concerning Minimum Age for Employment"). If FRANCHISEE discovers that any products, goods, supplies, or other personal property sold or supplied by FRANCHISEE to COUNTY or any Customer are produced in violation of that Convention, FRANCHISEE shall immediately provide an alternative source of supply that complies with that Convention. 2. Provide COUNTY with Records. At COUNTY'S request, FRANCHISEE shall provide documentation I the form required by COUNTY evidencing the country or countries of origin of any products, goods, supplies, or other personal property FRANCHISEE sells or supplies to COUNTY or any Customer in connection with Franchise Services, 3, Provide COUNTY with Manufacturers' Certification. At COUNTY'S request, FRANCHISEE shall provide to COUNTY the manufacturer's certification of 61 1 2012-FA001 Non -Exclusive Commerdal Franchise compliance with the Convention Concerning Minimum Age for Employment or other all -international child labor conventions. E. NONDISCRIMINATION. t. EmolOyees. FRANCHISEE and its Affiliates shall employ qualified applicants and treat employees equally without regard to or because of race, color, national origin, ancestry, religion, sex, age, physical or mental disability, marital status, or political affiliation and in compliance with all State of California and federal antidiscrimination laws, including in employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay, other forms of compensation, and selection of training (including apprenticeship). 2. Subcontractors Bidders and Vendors. FRANCHISEE shall deal with its subcontractors, bidders, and vendors without regard to or because of race, color, national origin, ancestry, religion, sex, age, physical or mental disability, marital status, or political affiliation. 3. Certification. FRANCHISEE shall comply with the provisions of FRANCHISEE'S EEO Certification (Form PW -7), attached as Franchisee Documentation. 4. Inspection of Records. At COUNTY'S request, FRANCHISEE shall promptly allow COUNTY and its auditor's access to FRANCHISEE'S employment records at FRANCHISEE'S Office during franchisee's office hours to verify compliance with the provisions of this Subsection. 5. Remedies for Discrimination. If COUNTY finds that FRANCHISEE has violated any provisions of this Subsection, that violation constitutes a Franchisee default. While COUNTY reserves the right to determine independently that the antidiscrimination provisions of this Subsection have been violated, in addition, a determination by the California Fair Employment Practices Commission or the Federal Equal Employment Opportunity Commission that FRANCHISEE has violated State of California or federal antidiscrimination laws shall constitute a finding by COUNTY that FRANCHISEE has violated the antidiscrimination provisions of this Subsection. F, SAFETY Services Safety Official. FRANCHISEE shall designate in Franchisee Documentation a Services Safety Official who shall be thoroughly familiar with FRANCHISEE'S Injury and Illness Prevention Program (IIPP) and 62_ 2012-FA001 Non -Exclusive commercial Franchise Code of Safe Practices (CSP). FRANCHISEE shall ensure that the Services Safety Official is available at all times Franchise Services are provided to abate any potential safety hazards. FRANCHISEE shall give the Services Safety Official the authority and responsibility to cease performing any service if necessary to abate any potential safety hazard. If FRANCHISEE fails to designate or make available the Services Safety Official, COUNTY may direct the Franchise to cease providing Franchise Services at no cost to COUNTY until FRANCHISEE is in compliance with this Section. 2. Safety Resaonsibilities. FRANCHISEE is responsible for the safety of equipment, material, and personnel under FRANCHISEE'S control or authority during performance of Franchise Services. FRANCHISEE is solely responsible for ensuring that all work performed under this Agreement is performed in strict compliance with all laws with respect to occupational safety regulations. FRANCHISEE shall provide at its expense all safeguards, safety devices, protective equipment, and shall take all actions appropriate to providing a safe job environment. G. COUNTY LOBBYISTS. FRANCHISEE and each COUNTY lobbyist or County lobbying firm as defined in County Code Section 2.160.010, retained by Franchisee shall fully comply with the County Lobbyist Ordinance. FRANCHISEE represents that no Person, including a selling agency, has been employed or retained to solicit or secure this Agreement, upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by FRANCHISEE for the purpose of securing business. 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We will collect refuse, green waste and Commingled recyciables in bins and/or carts we provide. You must place refuse, recyclable materials, and green waste in the appropriate bins and/or carts. We will not pick up materials that you discard outside of bins and/or carts unless you have made previous arrangements with us, as described below. Additional Customer Options Regarding Recyclables: Mandatory Recycling. Commercial businesses and multifamily residences that generate 4 cubic yards or more of solid waste per week are required by California law to recycle. To comply with law, you may donate or sell any or all of your recyclables to someone else, such as recycling centers or reuse enterprises or subscribe to recycling services with us. We offer the following recycling service options without additional charge: a one cubic yard recyclable bin or up to two 96 gallon recyclable carts. Additional or larger containers will be offered at half the rate for the same type and capacity of refuse container and same frequency of refuse collection service. In addition, we will conduct annual site visits to evaluate whether your existing levels of refuse and recycling service is appropriate, and promote and implement recycling services. We Will Not Collect Hazardous Waste or Electrical Waste. State law prohibits disposal of hazardous materials and certain electronics in your trash. Hazardous waste includes: most paints, pesticides, petroleum derivatives such as motor oil and solvents, batteries, thermostats, aerosol cans, fluorescent lights, and certain mercury -containing devices. Electrical waste includes "covered electronic devices" and electrically powered equipment described below under "On -Call Pickups", which you may ask us to collect separately. If we identify these items in your trash, we will tag your bin and not collect it. For additional safe and legal disposal options, call the HAZWASTE HOTLINE at (888) CLEAN -LA or visit www.ciwmb.ca.gov/HHW/in . When We Will Collect. We will collect your containers on your scheduled collection day(s) each week. We will notify you in advance if we make a permanent change in your scheduled collection day. if your scheduled collection day fails on or after a holiday, during a holiday week, collection will be delayed by one day (Friday customers will have their collection on Saturday). We observe the following holidays: Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas and New Year's Day. Where We Will Pick Up. You must set your bin(s) at the set -out site as agreed upon unless you have roll-out service. If we agreed to collect on private driveways or pavement, we will ask you to sign a waiver of damage liability and/or indemnification. We must repair or replace, to your satisfaction, damaged property, and reimburse you for cost of personal injury, caused by our negligence or willful acts or omissions. In addition to enforcing your rights under the franchise agreement, you may institute civil suits allowed under law. M EXHIBIT CA (Revised 4/2012) Container Enclosure Maintenance and Litter. You are responsible for keeping your container enclosure or set out site clean and in good repair. We will clean up all litter caused during collection. Weight Limitations of Carts or Bins. We will not pick up carts weighing more than XXX or bins weighing more than: x cubic yard bin= xxx lbs, etc. (Hauler to provide max wt based on container size) Repair/Replacement. We will repair or replace containers within 2 weeks of your request at no charge. Five On -Call Pickups or One Annual Cleanup Event of Bulky Items and Electronics for Residential and Multi -Family Properties: We will provide one of the following service options upon your request: (1) 5 pickups of bulky items (limit of 5 items per pick-up) and unlimited amounts of certain electronics at your request each year at no charge. If you call us at least 24 hours in advance we will collect them on your next regularly scheduled pickup day at the regular site for placing solid waste containers but not in any roadway or other public. right of way. (2) One annual cleanup event with a collection of unlimited amounts of bulky items and certain electronics on the date agreed to between the customer and us, at the regular site for placing solid waste containers but not in any roadway or other public right of way. We will collect those materials at no charge. At least once each year we will talk with or meet in person the owner or superintendant of a multi -family residence and schedule the annual cleanup event. Examples of bulky items include discarded furniture (such as chairs, sofas, mattresses, box springs, and rugs); appliances (such as refrigerators, range, washers, dryers, water heaters, dishwashers, plumbing, and other similar items). Electronics includes "Covered electronic devices" such as cathode ray tubes (as in TV and computer monitors), LCD and plasma screens; and electrically powered equipment such as computers, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, videocassette players/recorders, and calculators. On -Call Pickups for Commercial Customers with Surcharge. We will make 5 pickups of bulky items (limit of 5 items per pick-up) and unlimited amounts of certain electronics at your request each year at specified charges. if you call us at least 24 hours in advance, we will collect them on your next regularly scheduled pickup day. When You Must Pay. (Hauler to provide billing information) Sample Language: We bill trash collection services three -months in advance. We will mail your bill on or before the 1St day of your billing period, for example, on April 1St for the billing period of April, May and June. Your bill is due no later than the last day of the first month, for example 69 EXHIBIT CA (Revised 4/2012) on April 30th. If we do not receive payment by the last day of the second month, for example, May 31St, your bill will become delinquent and an additional 10% per annum fee will be added to the balance. We may terminate your service if you do.not pay your service fees by the end of the billing cycle, for example, June 30th. We will charge $25 to restart the service after a service interruption and a $25 fee on returned checks. Customer Termination Rights And Right To Self -Haul: Within six months of your new service, we will amend any written subscription order you may have with us to grant you your customer termination rights. You may terminate service without cause at any time by giving us 90 days notice if you are not delinquent in paying us any service charges. You may also terminate service immediately in the event of certain emergencies or by giving us 14 days notice, if we fail to provide service (such as missing pickup or failing to timely repair or replace carts and/or dumpsters/bins) or we bill you incorrectly (such as changing your service rate(s) without obtaining your prior consent through a revised Customer Subscription Order). You also have the right to self -haul all or some of your waste in addition to, or instead of, subscribing to our service. Customer Notification. We will provide a written final notice (postmarked at least 14 days in advance) if we are to suspend or terminate your service. The final notice will include an explanation for the suspension or termination and information on how to resolve your issue and restart service. We will refund (Hauler to provide language) Sample Language: any overcharges (including advance payments for services that you subsequently cancel) within 30 days after we receive them. We will pay you interest on overcharges (other than advance payments for subsequently canceled services) at 10 percent per annum from the date the overcharged until the date refunded. Where You Can Contact Us. You may call us regarding service or complaints Toll Free at (insert haulers number here) between Xam and Xpm weekdays, except holidays. You may come to our office located at (insert haulers address here), mail correspondence to our office address or via e-mail at tinsert haulers a -mail address). If we do not satisfactorily resolve any complaint; you may call the County at 1-800-993- 5844. We Do Not Discriminate. If you are entitled to service, we will not discriminate against you on account of race, creed, color, sex, gender, national origin, ancestry, religion, age, physical or mental disability, marital status, or political affiliation. Rights Of Privacy. We will observe and protect your rights of privacy and trade secrets. Unless you give us permission, we will not reveal any information identifying you or the composition or contents of your solid waste to any person except the County or if required by law. Thank You For Allowing (insert haulers name here) To Serve You! 70 EXHIBIT D Assembly Bill No. 341 CHAPTER 476 An act to amend Sections 41730, 41731, 41734, 41735, 41736, 41800, 429265 44004, and 50001 of, to add Sections 40004, 41734.5, and 41780.01 to, to add Chapter 12.9 (commencing with Section 42649) to Part 3 of Division 30 of, and to add and repeal Section 41780.02 of, the Public Resources Code, relating to solid waste. [Approved by Oovemor October 5, 2011. Filed with Smretaty of State October 6, 2011.1 LEGISLATIVE COUNSEL'S DIGEST AB 341, Chesbro. Solid waste: diversion. (1) The California integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling end Recovery, requires each city, county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan containing specified components, including a source reduction component, a recycling component, and a composting component. With certain exceptions, the source reduction and recycling element of that plan is required to divert 50% of all solid waste from landfill disposal or transformation by January t, 2000, through source reduction, recycling, and composting activities. The department is required to file an annual progress report with the Legislature by March I that includes specified information regarding the act. This bill would make a legislative declaration that it is the policy goal of the state that not less than 75% of solid waste generated be source reduced, recycled, or composted by the year 2020, and would require the department, by January 1, 2014, to provide a report to the Legislature that provides strategies to achieve that policy goal and also includes other specified information and recommendations. The bill would allow the department to provide the report required by the bill in conjunction with the annualprogress report, if the combined report is submitted by January '1, 2014. The bill would repeal the report requirement on January 1, 2017. (2) Existing law requiresa city, county, and city and county to incorporate the nondisposal facility element and any amendment to the element into the revised source reduction and recycling element at the time of the 5 -year revision of the source reduction and recycling element. Existing law requires the department to review an amendment to a nondisposal facility element and requ'ves a local task force to review and comment on amendments to a nondisposat facility element. This bill would repeal those requirements. The bill would instead require a city, county, city and county, or regional agency to update all information 92 7t EXHIBIT D Ch. 476 —2— required to be included in the nondisposal facility element. The bill would provide that the update is not subject to approval by the department or comment and review by a local task force. (3) Existing law requires a local agency to impose certain requirements on an operator of a large venue or event to facilitate solid waste reduction, reuse, and recycling. This bill would require a business, defined to include a commercial or public entity, that generates more than 4 cubic yards of commercial solid waste per week or is a multifamily residential dwelling of 5 units or more to arrange for recycling services, on and after July 1, 2012. The bill would also require acommercial waste generator to take specified actions with regard to recyclable materials. The bill would require a jurisdiction, on and after July 1, 2012, to implement a commercial solid waste recycling program meeting specified elements but would not require the jurisdiction to revise its source reduction and recycling element if the jurisdiction adds or expands a commercial solid waste recycling program to meet this requirement. The bill would authorize a local agency to charge and collect a fee from a commercial waste generator to recover the local agency's costs incurred in complying with the commercial solid waste recycling program requirements. By requiring a jurisdiction to implement a commercial solid waste recycling program, this bill would impose a state -mandated local program. The bill would require the department to review a jurisdiction's compliance with the above requirement as a part of the departmeat's review of a jurisdiction's compliance with the 50% solid waste diversion requirement and would authorize the department to review a jurisdiction's compliance pursuant to a specified procedure. (4) Existing law requires each state agency to submit an annual report to the department summarizing its progress in reducing solid waste that is due on September 1 of each year starting in 2009. This bill would change the due date to May I of each year. (5) Existing law requires an operator of a solid waste facility that wants to change the design or operation of the solid waste facility in a manner not authorized by the current permit to apply for a revised permit Within 60 days of receipt of the application for the revised penalty the enforcement agency is required to inform the operator, and in some circumstances the department, of its determination to allow the change without revision of the permit, disallow the change, require a revision of the permit to allow the change, or require review under the California Environmental Quality Act before a dewsion is made. This bill would also require the enforcement agency to give notice of its determination to allow certain changes without a revision to the permit through a modification to the permit allowed by regulations developed by the department. (b) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. 92 72 EXHIBIT D --3— This bill would provide that no reimbursement is required by this act for a specified reason. The people of the State of California do enact asfoflows: SECTION I. (a) The Legislature finds and declares both of the following: (1) Since the enactment of the California Integrated Waste Management Act of 1989 (Division 30 (commencing with Section 40000) of the Public Resources Code), local governments and private industries have worked jointly to create an extensive material collection and recycling infrastructure and have implemented effective programs to achieve a statewide diversion rate above So percent. (2) Although the state now leads the nation in solid waste reduction and recycling, the state continues to dispose of more than 40 million tons of solid waste each year, which is more than the national average on a per capita basis. Additional efforts must be undertaken to divert more solid waste from disposal in order to conserve scarce natural resources. (b) The Legislature further finds and declares all of the following: (1) Approximately 64 percent of the state's solid waste disposal is from commercial sources, including commercial, industrial, construction, and demolition activities. In addition, 8 percent ofthe state's solidwastedisposal is from multifamily residential housing that is often collected along with the commercial waste stream. (2) The state's Iocal governments have made significant progress in reducing the amount of solid waste disposal from single-family residential sources that make up 28 percent of the state's disposal, but have faced more challenges in reducing disposal from the commercial and multifamily sources. (3) The disposal of recyclable materials in the commercial solid waste stream prevents materials from circulating in the state economy to produce jobs and new products. Reducing the disposal of these materials will conserve landfill capacity and contribute to a reduction in greenhouse gas emissions and climate change. (4) The state has long been a national and international leader in environmental stewardship efforts and mandating the diversion of solid waste away from disposal. Bold environmental leadership and a new approach are needed to divert commercial solid waste away from disposal. (5) By exercising a leadership role, the state will lead the business community toward a future in which the environment and the economy both grow stronger together by recycling materials, which creates new jobs, instead of burying resources, which exit the economy forever. (6) By requiring commercial recycling, the state will help businesses reduce costly disposal fees and reclaim valuable resources. 4 004. (a) Section Legislature is4 is dfinds and declareso the ll of the folources lowingto : 92 93 73 EXHIBIT D Ch. 476 —4— (1) Solid waste diversion and disposal reduction require the availability of adequate solid waste processing and composting capacity. (2) The existing network of public and private solid waste processing and composting facilities provides a net environmental benefit to the communities served, and represents a valuable asset and resource of this state, one that must be sustained and expanded to provide the additional solid waste processing capacity that will be required to achieve the additional solid waste diversion targets expressed in Section 41780.01 and the commercial solid waste recycling requirement expressed in Section 42649. (3) The provisions in existing law that confer broad discretion on local agencies to determine aspects of solid waste handling that are of local concern have significantly contributed to the statewide diversion Tate exceeding 50 percent, and further progress toward decreasing solid waste disposal requires that this essential element of local control be preserved. (b) It is the intent of the Legislature to encourage the development of the additional solid waste processing and composting capacity that is needed to meet state objectives for decreasing solid waste disposal by identifying incentives for local governments to locate and approve new or expanded facilities that meet and exceed their capacity needs, and to recognize local agencies that make significant contributions to the state's overall solid waste reduction and recycling objectives through the siting of facilities for the processing and composting of materials diverted from the solidwaste stream. (c) By setting new commercial solid waste recycling requirements in Section 42649, the Legislature does not intend to limit a right afforded to local governments pursuant to Section 40059, or to modify or abrogate in any manner the rights of a local government or solid waste enterprise with regard to a solid waste handling franchise or contract. SEC. 3. Section 41730 of the Public Resources Code is amended to read: 41730. Except as provided in Section 41750.1, each city shall prepare, adopt, and, except for a city and county, transmit to the county in which the city is located a noudisposal facility element that includes all of the information required by this chapter and that is consistent with the implementation of a city source reduction and recycling element adopted pursuant to this part. The nondisposal facility element and any updates to the element shall not be subjectto the approval of the county 'and the majority of cities with the majority of the population in the incorporated area. SEC. 4. Section 41731 of the public Resources Code is amended to read: 41731. Except as provided in Section 41750a,each county shall prepare, adopt, and, except for a city and county, transmit to the cities located In the county a nondisposal facility element that includes all of the information required by Otis chapter and that is consistent with the implementation of a county source reduction and recycling element adopted pursuant to this part. The nondisposal facility element and any updates to the element shall not be subject to the approval of the majority of cities with the majority of the population in the incorporated area. SEC. 5. Section 41734 ofthe Public Resources Code is amended to read: 74 EXHIBIT D .5- 41734. (a) (1) Priortoadopting anondisposalfacility element, the city, county, or regional agency shall submit the element to the task force created pursuant to Section 40950 for review and comment. (2) Prior to adopting a regional agency nondisposal facility element, if the jurisdiction of the regional agency extends beyond the boundaries of a single county, the regional agency shall submit the element for review and comment to each task force created pursuant to Section 40950 of each county within the jurisdiction of the regional agency. (b) Comments by the task force shall include an assessment of the regional impacts of potential diversion facilities and shall be submitted to the city, county, or regional agency and to the department within 90 days of the date of receipt of the nondisposal facility element for review and comment. SEC. 6. Section 41734.5 is added to the Public Resources Code, to read: 41734.5. (a) Once a nondisposal facility element has been adopted, the city, county, or regional agency shall update all information required to be included is the nondisposal facility element, including, but not limited to, new information regarding existing and new, or proposed, nondisposal facilities. (b) Updates shall be provided to the department within 30 days of any change in information. (c) Copies of the updated information shall also be provided to the local task force and shalt be appended or otherwise added to the nondisposal facility element. (d) The local task force shall not be required to review and comment on the updates to the nondisposal facility elements. (e) Updates to the nondisposal facility elements are not subject to approval by the department. SEC. 7. Section 41735 of the Public Resources Code is amended to read: 41735. (a) Notwithstanding Division 13 (commencing with Section 21000), the adoption or update of a nondisposal facility element shall not be subject to environmental review. (b) Local agencies may impose a fee on project proponents to fund their necessary and actual costs ofpreparing and approvingupdates to nondisposal facility elements. SEC. B. Section 41736 of the Public Resources Code is amended to read: 41736. It is not the intent of the Legislature to require cities and counties to revise their source reduction and recycling elements to comply with the requirements of this chapter. SEC. 9. Section 41780.01 is added to the Public Resources Code, to read: 41780.01. (a) The Legislature hereby declares that it is the policy goat ste rf the state that not educed, recycled, acled, orcomposted by the year 2020,ss than 75 percent of solid generated andann ally thereafter. (b) Notwithstanding subdivision (a), the department shall not establish or enforce a diversion rate on a city or county that is greater than the 50 percent diversion rate established pursuant to Section 41780. 9 75 EXHIBIT D Ch. 476 —6— SEC. 6— SEC. 10. Section 41780.02 is added to the Public Resources Code, to read: 41780.02. (a) On or before January 1, 2014, the department shall submit a report to the Legislature that provides strategies to achieve the state's policy goal that not less than 75 percent of solid waste generated be source reduced, recycled, or composted by the year 2020, and annually thereafter, pursuant to Section 41780.01 (b) The report shall also include all of the following: (1) A review and update of the information required pursuant to subparagraph(A) of paragraph (4) ofsubdivision (c) of Section 40507, with emphasis on new and emerging trends in resource management. (2) Identification of problematic waste streams and sources and recommendations on handling those waste streams. (3) Evaluation of current programs and their effectiveness, and recommendations for changes to those programs. (4) Recommendations for repriorftizingexisting resources tobest achieve the purpose of Section 41780.01. (5) Recommendations for legislative changes, if any, that are necessary to achieve the goals of Section 41780.01. (6) Report on regulatory changes, if any, that are necessary, to achieve the goals of Section 41780.01. (7) Any other information or recommendations the department deems pertinent. (c) The department may provide the report required pursuant to this section in conjunction with the report required pursuant to Section 40507 if the combined report is submitted on or before January I, 2014. (d) The department may hold public workshops to gather input from stakeholders. (e) (I) pursuant to Section 1023 1.5 of the (lovernment Cade, this section is repealed on January 1, 2017. (2) The report shall be submitted in compliance with Section 9795 ofthe Government Code, SEC. 11. Section 41800 of the Public Resources Code is amended to read: 41800. (a) Except as provided in subdivision (b), within 120 days from the date of receipt of a countywide or regional integrated waste management plan that the department has determined to be complete, or any element of the plan that the department has determined to be complete, the department shall determine whether the plan or element is in compliance with Article 2 (commencing with Section 40050) of Chapter 1 of Part 1, Chapter 2 (commencingwith Section41000), and Chapter 5 (commencing with Section 41750), and, based upon that determination, the department shall approve, conditionally approve, or disapprove the plan or element. (b) (1) Within 120 days from the date of receipt of a city, county, or regional agency nondisposal facility element that the department has determined to be complete, the department shall determine whether the element that the department has determined to be complete is in compliance FY 76 EXHIBIT D -7- with Chapter 4.5 (commencing with Section 41730) and Article I (commencing with Section 41780) of Chapter 6, and, based upon that determination, the department shall approve, conditionally approve, or disapprove the element within that time period. (2) In reviewing the element, the department shall: (A) Not consider the estimated capacity of the facility or facilities in the element unless the department determines that this information is needed to determine whether the element meets the requirements of Article I (commencing with Section 41780) of Chapter 6. (B) Recognize that individual facilities represent portions of local plans or programs that are designed to achieve the diversion requirements of Section 41780 and therefore may not arbitrarily require new or expanded diversion at proposed facilities. (C) Not disapprove an element that includes a transfer station or other facility solely because the facility does not contribute toward the jurisdiction's efforts to comply with Section 41780. (c) I€ the department does nit act to approve, conditionally approve, or disapprove an element that the department has determined to be complete within 120 days, the department shall be deemed to have approved the element. SEC. 12. Chapter 12.8 (commencing with Section 42649) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 12.8. RECYCLING OF COMMERCIAL SOLID WASTE 42649. (a) It is the intent of the Legislature to require businesses to recycle solid waste that they generate. (b) It is the intent of the Legislature to allow jurisdictions flexibility in developing and maintaining commercial solid waste recycling programs. (c) It is the intent of the Legislature to reduce greenhouse gas emissions by diverting commemial solid waste to recycling efforts and to expand the Opp for for additional recycling services and recycling manufacturing facilities in California. 42649.1. For purposes of this chapter, the following terms mean the following: (a) "Business" means a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or nonprofit entity, or a multifamily residential dwelling. (b) "Commercial solidwaste" has the same meaning as defined in Section 17225.12 of Title 14 of the California Code of Regulations. (c) "Commercial waste generator" means a business subject to subdivision (a) of Section 42649.2. (d) "Self -hauler' means a business that hauls its own waste rather than. contracting for that service. 673 77 EXHIBIT D Ch. 476 Is - 42649,2. (a) On and after July 1, 2012, a business that generates more than four cubic yards orcommercial solid waste per week or is a multifamily residential dwelling of five units or more shall arrange for recycling services, consistent with state or local laws or requirements, including a local ordinance or agreement, applicable to the collection, handling, or recycling of solid waste, to the extent that these services are offered and reasonably available from a local service provider. (b) A commercial waste generator shall take at least one of the following actions: (1) Source separate recyclable materials from solid waste and subscribe to a basic level of recycling service that includes collection, self -hauling, or other arrangements for the pickup of the recyclable materials. (2) Subscribe to a recycling service that may include mixed waste processing that yields diversion results comparable to source separation. (c) A property owner of a multifamily residential dwelling may require tenants to source separate their recyclable materials to aid in compliance with this section. 42649.3. (a) On and after July 1, 2412, each jurisdiction shall implement a commercial solid waste recycling program appropriate for that jurisdiction designed to divert commercial solid waste from businesses subject to Section 426492, whether or not the jurisdiction has met the requirements of Section 41780. (b) If a jurisdiction already has a commercial solid waste recycling program as one of its diversion elements that meets the requirements of this section, it shall not be required to implement a new or expanded commercial solid waste recycling program. (c) The commercial solid waste recycling program shall be directed at a commercial waste generator, as defined in subdivision (b) of Section 42649. 1, and may include, but is not limited to, any of the following: (1) Implementing a mandatory commercial solid waste recycling policy or ordinance. (2) Requiring a mandatory commercial solid waste recycling program through a franchise contract or agreement. (3) Requiring all commercial solid waste to go through either a source separated or mixed processing system that diverts material from disposal. (d) The commercial solid waste recycling program shall include education, outreach to, and monitoring of, businesses. A Jurisdiction shall notify a business if the business is not in compliance with Section 42649.2. (e) The commercial solid waste recycling program may include enforcement provisions that are consistent with a jurisdiction's authority, including a structure for fines and penalties. (f) The commercial solid waste recycling program may include certification requirements for self -haulers. (g) The department shall review a jurisdiction's compliance with this section as part of the department's review required by Section 41525. Each jurisdiction shalt report the progress achieved to implementing its commercial recycling program, including education, outreach, identification, Fla 60 —9— EXHIBIT D and monitoring, and if applicable, enforcement efforts, by providing updates in the annual report required by Section 41821. (h) The department may also review whether a jurisdiction is in compliance with this section at any time that the department receives information that a jurisdiction has not implemented, or is not snaking a good faith effort to implement, a commercial recycling program. (i) During its review pursuant to subdivision (g) or (h), the department shall determine whether each jurisdiction has made a good faith effort to implement its selected commercial recycling program. For purposes of this section, "good faith effort" means all reasonable and feasible efforts by a jurisdiction to implement its commercial recycling program. During its review, the department may include, but is not limited to, the following factors in its evaluation of a jurisdiction's good faith effort: (1) The extent to which businesses have complied with Section 42649.2, including information on the amount of disposal that is being diverted from the businesses, if available, and on the number of businesses that are subscribing to service. (2) The recovery rate of the commercial waste from the material recovery facilities that are utilized by the businesses, all information, methods, and calculations, and any additional performance data, as requested by the department from the material recovery facilities pursuantio Section 18809.4 of Title 14 of the California Code of Regulations. (3) The extent to which the jurisdiction is conducting education and outreach to businesses. (4) The extent to which the jurisdiction is monitoring businesses, and notifying those businesses that are out of compliance. (5) The availability of markets for collected recyclables. (6) Budgetary constraints. (7) In the case of a mral jurisdiction, the effects of small geographic size, low population density, or distance to markets. 42649.4. (a) If a jurisdiction adds or expands a commercial solid waste recycling program to meet the requirements of Section 42649.3, the jurisdiction shall not be required to revise its source reduction and recycling element, or obtain the department's approval pursuant to Article 1 (commencing with Section 41800) of Chapter 7 of Part 1. (b) If an addition or expansion of ajurisdiction's commercial solid waste recycling program is necessary, the jurisdiction shall update in its annual report required pursuant to Section 41821. 42649.5. (a) This chapter does not limit the authority of a local agency to adopt, implement, or enforce a local commercial solid waste recycling requirement that is more stringent or comprehensive than the requirements of this section or limit the authority of a local agency in a county with a population of less than 200,000 to require commercial solid waste recycling. (b) This chapter does not modify, limit, or abrogate in any manner any of the following: (1) A franchise granted or extended by a city, county, or other local government agency. 92 79 EXHIBIT D Ch. 476 —10— (2) 10— (2) A contract, license, or permit to collect solid waste previously granted or extended by a city, county, or other local government agency. (3) The existing right of a business to sell or donate its recyclable materials. 42649.6. A local agency may charge and collect a fee from a commercial waste generator in order to recover the local agency's costs incurred in complying with this chapter. 42649.7. If the State Air Resources Board adopts regulations for commercial recycling prior to the effective date of the act of the 2011-12 Regular Session of the Legislature adding this section, those regulations shall be deemed to have been adopted by the department, and they shall be added to the department's regulations and deleted from the board's regulations as if it were a change without regulatory effect. SEC. 13. Section 42926 of the Public Resources Code is amended to read: 42926. (a) In addition to the information provided to the department pursuant to Section 12167,1 of the public Contract Code, each state agency shall submit an annual report to the department summarizing its progress in reducing solid waste as required by Section 42921. The annual report shall be due on or before May 1, 2012, and on or before May 1 in each subsequent year. The information in this report shall encompass the previous calendar year. (b) Each state agency's annual report to the department shall, at a minimum, include all of the following: (1) Calculations of annual disposal reduction. (2) information on the changes in waste generated or disposed of due to increases or decreases in employees, economics, or other factors. (3) A summary of progress made in implementing the integrated waste management plan. (4) The extent to which the state agency intends to utilize programs or facilities established by the local agency for the handling, diversion, and disposal of solid waste. If the state agency does not intend to utilize those established programs or facilities, the state agency shall identify sufficient disposal capacity for solid waste that is not source reduced, recycled, or composted. (5) Other information relevant to compliance with Section 42921. (c) The department shall use, but is not limited to the use of, the annual report in the determination of whether the agency's integrated waste management plan needs to be revised. SEC. 14. Section 44004 of the Public Resources Code is amended to read: 44004. (a) An operator of a solid waste facility shall not make a significant change in the design or operation of the solid waste facility that is not authorized by the existing permit, unless the change is approved by the enforcement agency, the change conforms with this division and all regulations adopted pursuant to this division, and the terms and conditions of the solid waste facilities permit are revised to reflect the change. 93 s© EXHIBIT D -n- (b) If the operator wishes to change the design or operation of the solid waste facility in a manner that is not authorized by the existing permit, the operator shall file an application for revision of the existing solid waste facilities permit with the enforcement agency. The application shall be filed at least 180 days in advance of the date when the proposed modification is to take place unless the I80 -day time period is waived by the enforcement agen (c) The enforcement agency shall review the application to determine all of the following: (1) Whether the change conforms with this division and all regulations adopted pursuant to this division. (2) Whether the change requires review pursuant to Division 13 (commencing with Section 21000). (d) Within 60 days from the date of the receipt of the application for a revised permit, the enforcement agency shall inform the operator, and if the enforcement agency is a local enforcement agency, also inform the department, of its determination to do any of the following: (1) Allow the change without a revision to the permit. (2) Allow the following changes without a revision to the permit through a modification to the permit allowed pursuant to regulations developed by the department: (A) The proposed change is to allow a nondisposal facility to increase the amount of solid waste that it may handle and that increased amount is within the existing design capacity as described in the facility's transfer processingreport and review pursuant to Division 13 (commencing with Section 21000). ($) The proposed change is to allow a disposal facility to add a nondisposal activity to the facility that will increase the amount of solid waste that may be handled as described in the facility's report of facility information and review pursuant to Division 13 (commencing with Section 21000). (3) Disallow the change because it does not conform with the requirements of this division or the regulations adopted pursuant to this division. (4) Require a revision of the solid waste facilities permit to allow the change. (5) Require review under Division 13 (commencing with Section 21000) before a decision is made. (e) The operator has 30 days within which to appeal the decision of the enforcement agency to the hearing panel, as authorized pursuant to Article 2 (commencing with Section 44305) of Chapter 4. The enforcement agency shall provide notice of a hearing held pursuant to this subdivision in the same manner as notice is provided pursuant to subdivision (h). (f) Under circumstances that present an immediate danger to the public health and safety or to the environment, as determined by the enforcement agency, the 180 -day filing period may be waived. M a EXHIBIT D Ch. 476 _12— (g) 12— (g) (1) A permit revision is not required for the temporary suspension of activities at a solid waste facility if the suspension meets either of the following criteria: (A) The suspension is for the maintenance or minor modifications to a solid waste unit or to solid waste management equipment. (B) The suspension is for temporarily ceasing the receipt of solid waste - at a solid waste management facility and the owner or operator is in compliance with all other applicable terms and conditions of the solid waste facilities permit and minimum standards adopted by the department. (2) An owner or operator of a solid waste facility who temporarily suspends operations shall remain subject to the closure and postelosure maintenance requirements of this division and to all other requirements imposed by federal law pertaining to the operation of a solid waste facility. (3) The enforcement agency may impose any reasonable conditions relating to the maintenance of the solid waste facility, environmental monitoring, and periodic reporting during the period of temporary suspension. The department may also impose any reasonable conditions determined to be necessary to ensure compliance with applicable state standards. (h) (1) (A) Before making its determination pursuant to subdivision(d), the enforcement agency shall submit the proposed determination to the department for comment and hold at least one public hearing on the proposed determination. The enforcement agency shall give notice of the hearing pursuant to Section 65091 of the Government Code, except that the notice shall be provided to all owners of real property within a distance other than 300 feet of the real property that is the subject of the bearing, if specified in the regulations adopted by the department pursuant to subdivision (i). The enforcement agency shall also provide notice of the hearing to the department when it submits the proposed determination to the department. (B) The enforcement agency shall mail or deliver the notice required pursuant to subparagraph (A) at least 10 days prior to the date of the hearing to any person who has filed a written request for the notice with a person designated by the enforcement agency to receive these requests. The enforcement agency may charge a fee to the requester in an amount that is reasonably related to the costs of providing this service and the enforcement agency may require each request to be annually renewed. (C) The enforcement agency shall consider environmental justice issues when preparing and distributing the notice to ensure that the notice is concise and understandable for limited -English-speaking populations. (2) If the department comments pursuant to paragraph (1), the department shall specify whether the proposed determination is consistent with the regulation adopted pursuant to subdivision (i). (i) (1) The department shall, to the extent resources arc available, adopt regulations that implement subdivision (h) and define the term "significant change in the design or operation of the solid waste facility that is not authorized by the existing permit." vz iJ —13— (2) While formulating and adopting the regulations required pursuant to paragraph (1), the department shall consider recommendations of the Working Group on Environmental Justice and the advisory group made pursuant to Sections 71113 and 71114 and the report required pursuant to Section 711 I5. SEC. 15. Section 50001 of the Public Resources Code is amended to read: 50001. (a) Except as provided by subdivision (b), after a countywide or regional agency integrated waste management plan has been approved by the Department of Resources Recycling and Recovery pursuant to Division 30 (commencing with Section 40000), a person shall not establish or expand a solid waste facility, as defined in Section 40194, in the county unless the solid waste facility meets one of the following criteria: (1) The solid waste facility is a disposal facility or a transformation facility, the location of which is identified in the countywide siting element or amendment to that element, which has been approved pursuant to Section 41721. (2) The solid waste facility is a facility that is designed to recover for reuse or recycling at least 5 percent of the total volume ofmaterial received by the facility, and that is identified in the nondisposal facility element that has been approved pursuant to Section 41800 or is included in an update to that element. (b) Solid waste facilities other than those specified in paragraphs(1)and (2) of subdivision (a) shall not be required to comply with the requirements of this section. (c) The person or agency proposing to establish a solid waste facility shall prepare and submit a site identificatiomand description of the proposed facility to the task force established pursuant to Section 40950, Within 90 days after the site identification and description is submitted to the task force, the task force shall meet and comment on the proposed solid waste facility in writing. These comments shall include, but are not limited to, the relationship between the proposed solid waste facility and the implementation schedule requirements of Section 41780 and the regional impact of the facility. The task force shall transmit these comments to the person or public agency proposing establishment of the solid waste facility, to the county, and to all cities within the county. The comments shall become part of the official record of the proposed solid waste facility. (d) The review and comment by the local task force shall not be required for an update to a nondisposal facility element. SEC. 16. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. C 83 92 EXHIBIT D Proposed Regulation: Mandatory Commercial Recycling 1 Page 1 of 3 EXHIBIT D Mandatory Commercial Recycling Proosed Re ations.......................................... �11.., .. Description New regulation covering CalRecycWs responsibilities for implementing mandatory commercial recycling (Recycling of Commercial Solid Waste) law. This rulemaking concerns recycling requirements for businesses that generate 4 cubic yards or more of commercial solid waste per week and multifamily residential dwellings with 5 or more units, requirements for local jurisdictions for education, outreach, monitoring and reporting, and CalRecycle review. Affected Regulatory Code Sections California Code of Regulations, Title 14, Division 7, Chapter 9.4, Article 2, commencing with SBCtiOR 18836. Status Formal rulamaking for the proposed regulation begins October 28, 2011 with the beginning of the 45 -day comment period which ends on December 12. 2011. A public hearing is scheduled for December 13, 2011, to receive comments following the initial 45 -day public comment period. Contact You may the contact CalRecycle's Mandatory Commercial Recycling team at climatechanoeO—catrecvde ca.gov. If you would like to receive an e-mail notification of developments in this rulemaking, please add your contact information to CaiRecycle's Mandator; Commercial Recydinc listserv. Planned opportunities for Stakeholder Input October 28, 2011: CalRecycle starts 45 -day comment period for the proposed regulation, edending through December 12, 2011, December 13, 2011 Public Hearing: CalRecyde will hold a public hearing to receive comments for the proposed regulation following the 45 -day comment period . January 2012: 15 -day Public Comment Period, 0 needed, in response to written comments submitted to CalRecycle during the format 45 -day comment period. February 2012 Public Meeting: The final proposed regulations will be presented at the CalRecyde public meeting. Rulernaking Documents Notice of Proposed Rulemaking (PDF, 324 KB), October 28, 2011. Public notice of the initial 45 -day comment period. initial Statement of Reasons (PDF, 221 KB), October 28, 2011. A statement of the specific purpose and rationale for the program regulation. Proposed Regulation (PDF, 246 KB), October 28, 2011. Proposed regulatory text for 45 day comment period. Rulemaking History Prior to AB 341 Prior to the passage AS 341, CalRecyde and the ARB worked together to establish a rulemaking process for the Mandatory Commercial Recycling Measure required in the AS 32 Scoping Plan. Under a.Memorandam of Understanding between the two, CalRewcle was responsible for developing, implementing, and enforcing the regulations, while ARB was responsible for adopting the regulations and providing additional enforcement if needed. 84 http-//www.calrecycle.ca.gov/Climate/Recycling/Workshops/default.htm 11/17/2011 Proposed Regulation: Mandatory Commercial Recycling Page 2 of 3 EXHIBIT D To build the basis for the rulemaking, CalRecycle and the ARB hosted eight (8) informal workshops to solicit stakeholder feedback regarding the measure and associated draft regulations. These workshops offered an informal opportunity to talk about design and implementation issues of this measure. While there are some distinctions between the draft regulations in this prior rulemaking effort and the commercial recycling program outlined in AB 341, the fundamental framework and principals are parallel. Therefore, CalRecycle staff has adjusted the proposed regulation for a new rulemaking, as described above to reflect the specifics of AB 341, while also carrying forward the language and details incorporated through the nearly 3 -year informal stakeholder engagement process, The following provides additional details regarding each of these workshops. Workshop Dates July 19, 2011, Sacramento, California CalRecycle staff conducted a workshop seeking stakeholder input on additional staff economic analysis and changes to the proposed AB 32 Mandatory Commercial Recycling regulation since the January 19, 2011 meeting. The workshop materials and description are posted on the related CCIRecvcle publicnotice a. January 19, 2011, Sacramento, California At the January 19, 2011 workshop, CalRecycle and ARB staff reviewed the revised draft regulatory Ml 2u 116 KS), various related economic and environmental impact analyses, and the final draft report for the cost study on commercial recycling. Staff engaged with participants, addressing questions and collecting informal stakeholder comments related to these subjects through January 26, 2011. September 21, 2010, Sacramento, California In coordination with the Air Resources Board, CalRecycle focused the September 21, 2010 informal stakeholder workshop on various related analysis efforts, including the: Cost model for economic evaluation of the proposed regulation with supplemental economic analysis Local government cost survey Recycling and composting GHG emission reduction factors Environmental impacts analysis The workshop materials ere posted on the related CalRecycle public notice one. CalRecycle staff requested comments by October 8, 2310. June 16, 2010, Sacramento, California As part of the Mat rials Many a em a Local Hsi ace �f,,.,� ��••� •--••• • ---• CalRecycle staff engaged in an informal stakeholder workshop on the proposed AB 32 Mandatory Comms gecvelina regulation. Event information Included: agenda, proposed regulations, summary of proposed regulation, background Information, and presentations. CalRecycle staff requested comments by June 30, 2010. Workshop topics included: Introductions and general project background information. Overview of the regulation. Focused discussion on related Issues. Presentation of associated tools. Next steps and timellne for formal rulemaking. Presentations included: Sample Mandatory Commercial Recycling Ordinance Proiect by Yvonne Hunter, Institute for Local Government. (Adobe PDF. 171 KB) 85 http://www.calrecycle.ca.gov/Climate/Recyclirlg/Workshops/default.htm 11/1712011 Proposed Regulation: Mandatory Commercial Recycling Page 3 of 3 EXHIBIT D Calculator to Estimate Climate Financial, and Diversion Benefits of Zero Waste by Amity Lumper, Cascadia Consulting Group, Inc. (Adobe PDF, 940 KB) December 15, 2009, Sacramento, California Atthe December 15 CIWMB Board Meeting, CIWMB Staff presented a discussion of and request for direction on Draft Proposed Regulatory Language (Word, 106 KS) and Rulemaking Plan (Word, 74 KB). September 15, 2009, Sacramento, California At the September 15th CIWMB Board Meeting, CIWMB Staff presented a compilation of stakeholder input (Word, 38 KB) obtained from workshops conducted in July and August. Also presented was Staff's Draft Concepts (Word, 235 KB) for Mandatory Commercial Recycling Regulation. July 20 and August 6, 2009, Northern and Southern California Agenda (Adobe PDF, 358 KB) I White Paper (Adobe PDF, 948 KB) All interested stakeholders were invited to Informal stakeholder workshops on Mandatory Commercial Recycling. Staff provided background information regarding this measure, including related legislation, support projects, and the overall timellne at two initial workshops hosted in the summer of 2009. Discussion included input on a range of issues such as thresholds, exemptions, implementation, enforcement, and costs. These are also described in the related "white paper' provided above. Development Committee meeting. At this meeting, staff was directed to use these conceptual regulatory provisions as the basis for draft regulatory language to be presented and discussed at the Strategic Policy Development Committee meeting in December 2009. Presentations July 20, 2009 Cal EPA Headquarters Building (available via broadcast Sacramento, California Sacramento County's Commercial Recycling Program by Pat Quinn (Adobe PDF, 246 KB). For more information, go to the Sacramento County Business Recycling web page. Mandatory Commercial Recvclina Home ................................................................................... Last updated: October28, 2011 Climate Change: htto:/Ma .ca lrecyde.m.ayylClimale Change! Conlach c1imateahenoet3ca1rewcle.ca.0ov August 6, 2009 South Coast Air Quality Management District Diamond Bar, California The City of Chula Vista's Commercial Recycling Ordinance by Lynn France (Adobe PDF, 1 MB). For more information, refer to the City of Chula Vista's Business Recvclina Guidelines. Conditions of Use I Privacy Policy, ®1995.2011 California Department of Resources Recycling and Recovery (CalRecycle). All rights reserved. fEN http://Www.oalrecycle_ca.gov/Climatr/Recycling/Wolrkshops/default.htm 11/17/2011 EXHIBIT E Chapter 2.206 DEFAULTED PROPERTY TAX REDUCTION PROGRAM 2.206.010 Findings and declarations. 2.206.020 Definitions. 2.206.030 Applicability. 2.206.040 Required solicitation and contract language. 2.206.050 Administration and compliance certification. 2.206.060 Exclusions/Exemptions. 2.206.070 Enforcement and remedies. 2.206.080 Severability. 2.206.010 Findings and declarations. The Board of Supervisors finds that significant revenues are lost each year as a result of taxpayers who fail to pay their tax obligations on time. The delinquencies impose an economic burden upon the County and its taxpayers. Therefore, the Board of Supervisors establishes the goal of ensuring that individuals and businesses that benefit financially from contracts with the County fulfill their property tax obligation. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.020 Definitions. The following definitions shall be applicable to this chapter: A. "Contractor" shall mean any person, firm, corporation, partnership, or combination thereof, which submits a bid or proposal or enters into a contract or agreement with the County. B. "County" shall mean the county of Los Angeles or any public entities for which the Board of Supervisors is the governing body. C. "County Property Taxes" shall mean any property tax obligation on the County's secured or unsecured roll; except for tax obligations on the secured roll with respect to property held by a Contractor in a trust or fiduciary capacity or otherwise not beneficially owned by the Contractor. D. "Department' shall mean the County department, entity, or organization responsible for the solicitation and/or administration of the contract. "Default" shall mean any property tax obligation on the secured roll that has been deemed defaulted by operation of law pursuant to California Revenue and Taxation Code section 3436; or any property tax obligation on the unsecured roll that remains unpaid on the applicable delinquency date pursuant to California Revenue and Taxation Code section 2922; except for any property tax obligation dispute pending before the Assessment Appeals Board. 87 EXHIBIT E F. "Solicitation" shall mean the County's process to obtain bids or proposals for goods and services. G. "Treasurer -Tax Collector" shall mean the Treasurer and Tax Collector of the County of Los Angeles. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.030 Applicability. This chapter shall apply to all solicitations issued 60 days after the effective date of the ordinance codified in this chapter. This chapter shall also apply to all new, renewed, extended, and/or amended contracts entered into 60 days after the effective date of the ordinance codified in this chapter. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.040 Required solicitation and contract language. All solicitations and all new, renewed, extended, and/or amended contracts shall contain language which: A. Requires any Contractor to keep County Property Taxes out of Default status at all times during the term of an awarded contract; B. Provides that the failure of the Contractor to comply with the provisions in this chapter may prevent the Contractor from being awarded a new contract and C. Provides that the failure of the Contractor to comply with the provisions in this chapter may constitute a material breach of an existing contract, and failure to cure the breach within 10 days of notice by the County by paying the outstanding County Property Tax or making payments in a manner agreed to and approved by the Treasurer -Tax Collector, may subject the contract to suspension and/or termination. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.060 Administration and compliance certification. A. The Treasurer -Tax Collector shall be responsible for the administration of this chapter. The Treasurer -Tax Collector shall, with the assistance of the Chief Executive Officer, Director of Internal Services, and County Counsel, issue written instructions on the implementation and ongoing administration of this chapter. Such instructions may provide for the delegation of functions to other departments. B. Contractor shall be required to certify, at the time of submitting any bid or proposal to the County, or entering into any new contract, or renewal, extension or amendment of an existing contract with the County, that it is in EXHIBIT E compliance with this chapter is not in Default on any County Property Taxes or is current in payments due under any approved payment arrangement (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.060 Exclusions/Exemptions. A. This chapter shall not apply to the following contracts: 1. Chief Executive Office delegated authority agreements under $50,000; 2. A contract where federal or state law or a condition of a federal or state program mandates the use of a particular contractor; 3. A purchase made through a state or federal contract; 4. A contract where state or federal monies are used to fund service related programs, including but not limited to voucher programs, foster care, or other social programs that provide immediate direct assistance; 5. Purchase orders under a master agreement, where the Contractor was certified at the time the master agreement was entered into and at any subsequent renewal, extension and/or amendment to the master agreement 6. Purchase orders issued by internal Services Department under $100,000 that is not the result of a competitive bidding process. 7. Program agreements that utilize Board of Supervisors' discretionary funds; 8, National contracts established for the purchase of equipment and supplies for and by the National Association of Counties, U.S. Communities Government Purchasing Alliance, or any similar related group purchasing organization; 9. A monopoly purchase that is exclusive and proprietary to a specific manufacturer, distributor, reseller, and must match and inter -member with existing supplies, equipment or systems maintained by the county pursuant to the Los Angeles Purchasing Policy and Procedures Manual, section P-3700 or a successor provision; 10. A revolving fund (petty cash) purchase pursuant to the Los Angeles County Fiscal Manual, section 4.6.0 or a successor provision; 11. A purchase card purchase pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, section P-2810 or a successor EXHIBIT E provision; 12. A non -agreement purchase worth a value of less than $5,000 pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, section A-0300 or a successor provision; or 13. A bona fide emergency purchase pursuant to the Los Angeles County Purchasing Policy and Procedures Manual section P-0900 or a successor provision; 14. Other contracts for mission critical goods andlor services where the Board of Supervisors determines that an exemption is justified. B. Other laws. This chapter shall not be interpreted or applied to any Contractor in a manner inconsistent with the laws of the United States or California. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.070 Enforcement and remedies. A. The information furnished by each Contractor certifying that it is in compliance with this chapter shall be under penalty of perjury. B. No Contractor shall willfully and knowingly make a false statement certifying compliance with this chapter for the purpose of obtaining or retaining a County contract. C. For Contractor's violation of any provision of this chapter, the County department head responsible for administering the contract may do one or more of the following: 1. Recommend to the Board of Supervisors the termination of the contract; and/or, 2. Pursuant to chapter 2.202, seek the debarment of the contractor, and/or, 3. Recommend to the Board of Supervisors that an exemption is justified pursuant to Section 2.206.060.A.14 of this chapter or payment deferral as provided pursuant to the California Revenue and Taxation Code. (Ord. No. 2009-0026 § 1 (part), 2009.) 2.206.080 Severability. If any provision of this chapter is found invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. (Ord. No. 2009-0026 § 1 (part), 2009.) PAawUb4C0NTRACT\EdMMS0UTHWHITTIER SHUTTLE= G\RFP\ExhIbHE Default ra dx raDepartment of the Treasury Internal Revenue Service Notice 1015 (Rev. December 2011) Have You Told Your Employees About the Earned income Credit (EEC)? What Is the EIC? The EIC is a refundable tax credit for certain workers. Which Employees Must I Notify About the EIC? You must notify each employee who worked for you at any time during the year and from whom you did not withhold income tax. However, you do not have to notify any employee who claimed exemption from withholding on Form W-4, Employee's Withholding Allowance Certificate. Note. You are encouraged to notify each employee whose wages for 2011 are less than $49,078 that he or she may be eligible for the EIC. How and When Must I Notify My Employees? You must give the employee one of the following: e The IRS Form W-2, Wage and Tax Statement, which has the required information about the EIC on the back of Copy B. e A substitute Form W-2 with the same EIC information on the back of the employee's copy that is on Copy 9 of the IRS Form W-2. to Notice 797, Possible Federal Tax Refund Due to the Earned Income Credit (EIC). e 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 I 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. It Foran W-2 is not required, you must notify the employee by February 7, 2012. 91 r�u=M You must hand the notice directly to the employee or send it by first-class mail to the employee's last known address. You will not meet the notification requirements by posting Notice 797 on an employee bulletin board or sending it through office mall. However, you may want to post the notice to help inform all employees of the Etc. You can get copies of the notice from IRS.gov or by calling 1-800.629-3676. How Will My Employees Know If They Can Claim the EIC? The basic requirements are covered in Notice 797. For more detailed information, the employee needs to see Pub. 596, Earned Income Credit (EIC), or the instructions for Form 1040, 1040A, or 1040EZ. How Do My Employees Claim the EIC? Eligible employees claim the EIC on their 2011 tax return. Even employees who have no tax withheld train their pay or owe no tax can claim the EIC and get a refund, but they must file a tax return to do so. For example, if an employee has no tax withheld in 2011 and owes no tax but is eligible for a credit of $829, he or she must file a 2011 lax return to get the 5829 refund. Can My Employees Get Advance EIC Payments? After 2010, your employees can no longer get advance payments of the credit in their pay during the year as they could in 2010 and earlier years, because the law changed. However, if they are eligible, they will still be able to claim the credit on their tax return. Form W-5, Earned Income Credit Advance Payment Certificate, 1.s no longer in use. Nape 1015 (arry. 12.2011) Cal. No. 205901 Haw does it work? A distressed parent w•ho is unable or unwilling to can for a baby an frailly: umeJmtiaUy, ami safely snftnder A baby wirbin rhnv days t72 hoard of birth. The Italy must he 6MW a+ An employee It a hospital or rift nation in lac AnedeS County..•ls longer Ate Fahy item•+ ml >i.+m of slmw tar ncg>ms. M mom. or affair infaaasmfm is equim,d In cam rhd parer changer ba; at her mind at a later dais and wane the baby back. stiff wifl uta bracelets to help censer them to 04th other. Ons b"ci In wilt lie libmd on the baby. Ad a moteling braccles will 6%; Owl) to she patent or other an"0ndrring ultdt. What it a parent wants the baby back? pamne who <LAngr Their minds an begin the pruaa of rrulAm ing thcir hSM' within 14 days, Thex pSnvree should can the I co Aarrfea (•AtuOry 1)epartmae of(lildmn and>ramitr servitor At t-floo-540.40W. Can only a parent bring in the baby? Ka. While. in most eats a patent will bring in the baby, the low allms•.s Odor pergdc m bring in the lulw if they hart lawful custody. Does the parent or surfenderhM adult have to call before bringing in the baby? \o. A p,n-ru of surmrdertug Wide raft bring in a Iwhy wqui0ta, 24 hmus a dap} 7 days a w'tek. As long as the parent or surtendmiIts Adult Solitude" the baby to someonee who waths at the hospital or fire cmdrm. G Ones the parent or surrendering adult have to tell anything to the people taking the baby? Wo. I Inwemr, Is"Vital as life Amu m !c"mnrci will ask dtc surreuddring lacy W UU ouc a qu<ationnnm designed 10 gather important medical Itints" inlusmAdon, whk4a is .ary turful in taring for she Why. The quelrimnnaire hu.lud 4 a rm loped rmmn en w1ol,c aid wt be sent in ata Luer time. What happens to the baby? The baby' will 1. mmrshwvl sml given nmdied elutmant Upon misstate helm the Itotphal. nodal wotka" immediately place the baby in a safe and lacing home amt begin the adopcon faunal. What happens to the parent or surrendering adult? (Mos the pence[ nrntrn:rld-ri"s Adult suffer -Acts she baby o hot 0931 or fire station prrSairld, they may Its at my rtmr. why is California doing this? Thr pogwae oafs Safely Sntrtmderad Baby Law it to pnvwr babies 11040 bring alundnncd, hum orlilled by their pare am You may hale heard tragic "ages of babies kfr in dumpaers a public builawmr. Their pawn" may laic been 0rxirr xtmr emuuaml Ahura The mothers may have hidden their pngnmseiur, fearful of'what woahi bapIal if chair families found out Ikeame they were afraid and had nn arse or 0uw30•fe w tura lot help, they uhandunrd thtir bubiea Abandoning a baby is illegal and platers the hdhy in raemme Amapa. Teves idion, it resultA in the baby's detach. The sai4y Aur.,,dued Baby Lw raevenls ibis aragrdy kern ewe happmiug again in (ulilitmu. A baby's story # 8ady is fhr morning an April 9, 2005. A henhhy lady Mry waw mRly mnmdrmd to nnrxer m tiatMlh CCIA Moclical Ccnrer. The wsunan who bmugla the hahy to the hospital idemined horw4fut five hahy-a au0t t 'pz^ , ^Ys•�a(. and noted the hahyas mother had asked her to WAS file hahy w Visa Lnspitel an iter hebalf. 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'an4 nerau! a aumr.�+htn• 'W"tan to, nlrttrma.�ro-a �jnina ."vd seWw?nutlet satnhud: apini6n pancdo:mtMc y&aaa. r.*rtMaasa Ya.. &ht. ka irobaptG+tu tairtrcrl" k+atio:xlmealr..ib vn tinarkx F.'s#dtwi an Lrmkst yit lai.nfiaaia:.i.i adu`=mtlw Lrtancl;rc nrrbu3 an:i>nrakrc ilnul, tGuit Vasa st eP padredmadre dens recuperar a su beW tax palm ytccaatbr. n & apiedur, .putdu+tc.aunesa ¢l pncoars'k n^:.lanaua Am : rccln nacido daatro & Iw li xt4aa. Fnac jaada:c eelJrr4n liauac d utparrantnto dc Sennja Pau NILoa& F Farrodat;Mclernaacnc 4100 kt, mid. Farnilr esommicaj dN Cvnd^L Olt lxm jbrrlra at rt.wle.5ta.toad. 41$61v Jos padri% al ilavar l w4E» do? ta. 5 bion ea 6 mugxwia Jc tarcaaaa Jan h%padmoloW ajratkean al lklwlt la lay ptmiu 9m'' niva F'K'tanaa to haFn. is art•.war Cnax4a'kr d zLas padres a d adults que etnrega a3 Maga debts 113MV antes rte l3avar at WO Yo kl Ahwkmba L&pmaadaeu. Am mdtadln 'mad 2l aw numrw;au la7aaduk+rn=ma. riampm v uuaid':a entmewar a as k1Fd a am omplwdr ALI TvAgwtd naaamet latmhruat Historic de un bebe 4Es necesarlsa qty el Padref nuidre a aduND digs alge a las personas quo roaltrcq sl 13e111e7 h1k $tnemhrtg4. ci yemtulJcl h,apiul u ruaarl dr banana It PCAId Alipersona altacrrtrygrc it lxl+e ytr Glrmc Inoo.. cutnirimeam.lalinalidad de rrcala s str«adenrn M44iw4 unpa>rsnrar. qye ,,,A,& titan mr;;lk'id pan. caidtt him ;xl iak7. Ei rarManu»tt:nalw;m- um whse .a;r`a. tmata) Iwyarki Ila it atev"O"4vt W ra musracnA�. j'atO gaurfiaorlelbabe I'l bcl.€ wd ttiall;"r Y b krhdari+ axecitamadjra. Gwa;doirdmel du del IAM 'A:tal,.laa tr.hajrJar:catcjda tnrceJiartmamc .kkarfra ad Iloilo! am on 1'n6a' abwm.l,ndecrrael l,icntmlkiUA.7 a anaaeraedd poxroot, air advP 4i - 4Quj vasani aan ed paarleb11 �l'e. d: tte antflo"O F.hra m gets lm pzm a adalty 1:s3+ut. a,ca:rnda ai".ry at yemamal dcl kataaNal as ccrand'& )mnd>cem. prv.An ineen tvilopw nnnuivwx Phar qvt se est§ hwiendo sets en Callrurnla7 ? r.a rma idiod de la I,aY At WHIP. da It" sin Pgosgym a I+aue&r.'. km bob& para yur raa actin abandalaadool I"161AWaa o tnuarrrx iprramlradeca, Laud prair"Menm hava tma�tado hhaarias rlaaun aahao b.1a'a akmd?aradox ztt tnaxuieana.. am Fenp+.rcr el••ruurTr&'..(rrvfi+a''r�(emraw•6ri"+are±a:.b.. jamanail mar d:rsa r'AI= cmxltoamdc& gram. taanudssfurden kalusuraiaadu A crnrbauao. W` fawaaa 3a arm pafad3yi pu riamYetcae rnruxaan. #tbamkmawna wa br6ia paaqut ueruanxn4ed+.. y no wtaar lard's. ar)rMan pnlvayrai>• U atwmhw at am Noun nacldo. aaO ^'Imlc rd :art maru+INmrnin rk pnttpn catrrnut, hlaiy a !»nad+t cl alyaiJt�nu>i+wewala maurrar del.vta: lale3'&Fntnyir da 11dr6s'.+in P401 jn4pyfe opt valdti u s Adel Viola '. vap�lu cnC 1413hP A la to rrmprano dal dia 7 dr alAta clr 2005, ae,mttead tet muco ruaido ulwblalr a lar ratbmarrasdtj l iadata-LK:IA �lndiml C<nrr. ja mujcrqu< tk%'6 0 r6&5a tracido al hMI iml as dk+ a 4'a+nc.t,a+mn is da dd': fieht.j•dja que la mtdrc le hahta pmljM que lrnvra ai hetet a4lmsrinl ens nomhrc, 1<entrcgamn aleataan btmakx<un nn ndmem qoe ctrintidla cnm to pntbaa &I bebE; eco randda tomo j&rci6addnm rasp h gwtia msdie cvmhiva tk upin;6n Alan mpcao a is rnneho del br5£ y dn'nGrn rrarperadu Janna dr) pcdwiu Jr 11 J(ar §ac pynailacxa ley. T tnbism k djnarr a L & un cowatiurvtiu mcJiw, y caa dgnqut h madam- lu armada y L maiada jr Nadu Jarvm drl.inrwn Ftrrxpwro pagaM qw Ie haMcua d:dn. 17laYrtn1 m&iienexamrim5 al tale y s: d'a+nentd qac nm1# mindolsLY 1 tCrrimau J2 b:�S tiY ulirJn ctaa una hwte timiru qua ra hahFa ddn upnAxxla Iona adayturkr pr d I1.pnmmanra dt Sv.ic m (tera'NiivaaYFamliaa., 95 EXHIBIT H BOND FOR FAITHFUL PERFORMANCE Annually Renewable Performance and Payment Bond KNOW ALL MEN BY THESE PRESENTS: That ("Principal") and k ourery h ata I=u ai iu firmly bound unto the COUNTY OF LOS ANGELES, State of California ('Obligee'), in the penal sum of ($ dollars for the payment of which sum, the Principal and Surety bind themselves, and each of their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a contract with. the Obligee entitled2& (the "Franchise Agreement") for the performance of the terms, conditions, covenant and obligations and services set forth in the Franchise Agreement, including but not limited to providing Franchise services in bins or dumpsters and rolt-off boxes in the unincorporated areas of Los Angeles County and payment of the applicable franchise fee; and payment of any liquidated damages assessed pursuant to the Franchise Agreement; and WHEREAS, the Franchise Agreement is hereby referred to and made a part hereof as fully and to the same extent as If copied at length herein; NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the Principal shall well and truly perform each and every covenant and obligation in the Franchise Agreement at the time and in the manner specified in the Franchise Agreement during the term of this bond, and shall reimburse the Obligee for all loss and damage which the Obligee may sustain by reason of failure or default on the part of the Principal, then this obligation shall be void, otherwise it shall remain in full force and effect. PROVIDED, howeverthat this bond is subject to the following conditions and provisions: 1. This bond is for the term beginning and ending 2. In the event of default by the Principal in the performance of the Franchise Agreement during the term of this bond, the Surety shall be liable only for the loss to the Obligee due to damages as described in Section 15 of the Franchise Agreement. The Surety, after investigation, shall with reasonable promptness determine the amount for which it may be liable to the Obligate as soon as practicable after the amount is determined, and tender payments to the Obligee to secure substitute services, remedy damages incurred, and ensure satisfaction of all performance obligations as set forth in Section 15 of the Franchise Agreement and only for the purpose of enforcing such Franchise Agreement obligations as they pertain to this bond. 3. Except for a claim for compensatory damages as defined in Section 17, DA of the Franchise Agreement, no claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless it be brought or instituted and process served upon the Surety within two years after the expiration of the stated terms of this bond. 4. Neither non -renewal by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of non -renewal, shall itself constitute loss by the Obligee recoverable under this bond, notwithstanding any language in the Franchise Agreement to the contrary. 5. The bond may be extended for additional one-year terms at the option of the Surety, by Continuation Certificate executed by the Surety. Every extension must provide for continuing liability in the above amount notwithstanding any payment or recovery thereon. S. The liability of the Surety under this bond and all Continuation Certificates shall not be cumulative and under no circumstances shall the Surety's liability exceed the penal sum stated herein. 7. No right of action shall accrue on this bond to or for the use of any person, entity or corporation other than the Obligee and this bond cannot be assigned to any other party without the written consent of the Surety. 8. Other than the Surety's right to renew this bond to extend its termination date, the Surety stipulates and agrees that any change, extension of time, alteration or addition to the terms of the Contract, including alterations in the work to be done, or increase or decrease of the material to be furnished, shall not in any 96 EXHIBIT H way release either the Principal or Surety, and Surety hereby waives notice of any such change, extension of time, alteration or addition. 9. In the event that suit is brought against this bond, the Surety will pay, in addition to the penal sum herein, costs and reasonable expenses and fees, including reasonable attorney's fees, as awarded and fixed by the court. Signed and sealed this Principal day of Surety BY: (Seal) BY: (Seal) Name and Title I-Myj Name and Title APPROVED AS TO FORM: ANDREA SHERIDAN ORDIN County Counsel BY: Deputy Attorney-in-fact 97 1 EXHIBIT I -FRANCHISEE DOCUMENTATION (PAGE 98 —157) 1. Form PW -1 Verification of Proposal 2. Form PW -3 Conflict of Interest Certification 3. Form PW -5 Proposer's Equal Employment Opportunity Certification 4. Form PW -6 List of Subcontractors 5. Form PW -8 GAIN and GROW Employment Commitment 6. Form PW -10 Charitable Contributions Certifications, 7. Form PW -13 Defaulted Property Tax 8. Form PW -14 Recycling and Waste Diversion Plan 9. Form PW -15 Subscription Order Template 10. Form PW -16 Unpermitted Waste Screening Protocol 11, Form PW -17 Personnel Contact List 12. Form PW -18 Solid Waste Facilities 13. Form PWA9 Service Area Checklist 14. Form PW -20 Vehicle Information 15. Waste Collectors Permit 16, Insurance Accord 17. Performance Bond VERIFICATION OF PROPOSAL DATE: January31, 2U12THEUNDERSIGNED HEREBY DECLARES AS FOLLOWS: 1. THIS DECLARATION IS GIVEN IN SUPPORT OF A PROPOSAL FOR A CONTRACT WITH THE COUNTY OF LDS ANGELES. 2. NAME OF SERVICE: Non -Exclusive Commercial Franchise Services(2012-FA001) DECLARANT INFORMATION 3. NAME OF DECLARANT: Mr. Larry Metter 4.1 AM DULY VESTED WITH THE AUTHORITY TO MAKEAND SIGN INSTRUMENTS FOR AND ON BEHALF OF THE PROPOSSM. 5. MY TIRE, CAPACITY, ORRELATIONSHIP ToTHE PROPOSER(S)IS: Vice President PROPOSER INFORMATION 6. Proposers tug legal name: USA Waste of California lnc. Telephone No.: 818-252-3140 Address: 9081 Tujun.ga Ave, Sun Valley CA 91352 FaxNo.: a18-252-3249 a•maf Imetter@wm.com County WebVen No.: 310003 IRS o.: N 66-0305154 6931n89a License Ne. N(A _ 7.PmpasersficbUousbuslnessneLr*s)ordba(s)VmY): Waste Management (LA Metro Hauling, Blue Barrel Disposal & Compton Count&) of RegisbatI n: Los Angeles I State: Ca I Years) became DBA 1995 6. The Proposers form of business entity is (CHECK ONLY ONE): 0 Sole propietv Name of ' los Corporation'sprax,+pelpl8Mofbusiness: California X Acorpxaba. State ofincapaation: Delaware Year incorporated: 1x55 ❑ Non-profd corporation oertified miler IRS 501(c) 3 and registered PmsfdentlCEO: x4tlrCreCAAgomeyGeneraNRegistry ofCharitsdaTrists spry,. 0 A general partnership: Names of partners: 0 A limited partnership: Name of general partner. 0 Ajoint venture of Names ofjoentvenursrs: ❑ ArentedIiabiGlycompany: Name ofmansgirgmember. 9. The ony penins or frets interested in hs proposal as prhdpals are the fofivwing: wnelGtf+ �44G� Toe ehoo1;A;-L5231� ragykzSZ32'k s* C m �t t36'Z Nmn7 lee Non Fa sol M SYb $ 10. Isyorfrmwholly orm*Drtyowned by, oasullsdlayofatotherfiml?0 No %Yes 9yogi same ofparent firm: Waste Management Inc., �18drporation/legl5VaA0fl of paranl4lm; Delaware 11. Hasycafrm done business under any other name(s) within the lastfve yea s? No n Yes If yes, please Bat the other nari(s): Nar*s): Yexofnarschage:_,_. Name(s): Yew ofnanechange: _ . 12 Is your Ism nwtved'nany pending aNuldAalermagKP<No 0 Yes Ryas, indrcxtethe associated axnpanysnane: 13. Proposer arta vAbol es that if any falso, rnweadag, hcornplete. or deaeptieely ulvesporlstm statements in cmnecdonvk ft ptoposel ere made, the proposal maybemlecled. The eva'uabon and deterrnlna6an in then am" beat the Dustes saiep0grnent and the Dhcb)es judgrinent shall be final. 3jTa) I am m*ng these rapesentations and all representeton oordahed in this pmposel on my personal folattsdge; 14. CHECK ONE: OR 0 (bj I am rrAting these repruentabons all to on oontaned in this PmPosal based on hfarneton artd bete(that they are bus. I dalae ur4er penally of perjury under Ale taws of C ie that 5 tete Signature of Proposer or AuthorizedAgerth Data: January 31, 2012 Type rsme arld lite: Mr. LarryM r U 1 99 td CiNdFUCT OF INTEReST COMFICATON 0mckve- ® so* owner ❑ general partner ,I Managing member .{rpreei6ent, Seuetery, or other properUtle) �)ziA V,7�cAr- t�F r make this cerlificeltionneupport Of a proposal or acovired scope of Les Angeles CW* COW section 2.180-010, which PrWAdOs as follows: CwUac% PrWbftpd. A. NDWM%Wufing any other section of this code, the county shall root - proposal ffubmtftd by, the person or entities specified contract with, and Oall raled any bid ot taxes eAst which justify the below, unws the board of suPsrAWM finds that special ciMUM5 appmwl of such cDmnaCL `1 Employees of the county or of public agencies W which the board of SuPSM"I's is the goymning body, subsection A serve as officars. PrtrIdPals, lo8y'mm or major shareholders; 3. pewns who, within the Immediately pn&oqdjnQ 112 months, came within the Wam em*YW in positions of substantial pasponabbly In the arse of awvice to be performed by the COTOOCt, Of (b) pmtdpa*d in any way in d*VOWP4V contract of Its service specifications; and 4. Profit-making Orms or businesses in which the former employees described In imed and believe that personnel who d"oped and/or participated in 91ppaparationof I IF or Cape* by the Contrautot hanein, or has or aliall have any 01FOCI Or I wig Proposal urgierstand " agree that any faletficatioDn In d" Ceftffcate wIll be grounds lot *000n Of this Proposal I certify under penalty Of pe4ury underthe laws of California that" foregoing is true and correct, Signed 1,Date 100 CONFLICT OF INTEREST CERTIFICATION ❑ sole owner ❑ genera: partner (�rmanagingmember VIC.0 ?VZ<-k6(,CAA4— 'U precedent, Secretary, or O#W Proper We) 19 make this cartficatim in sUPPCd Of a POP"' for a contract with ft CourTtp=WAM"�"�=�ZMO�k� scope of Los Angeles County Coo Section 2.180-010, Which PmMW as follcm: Cwvbw*s proMbiled. A. Notwithstanding any other section of this code, the county shag not cori"& with, and shell reject any bid or proposal submitted by, the Persons Or enthiss; spedw below, unless the board Of suP8rV180m finds that spqcIW circurrgrences exist which Justify the appmat of won cordr3a 1 Employees of the county or of Public apricies for which t1no board of BOOM$= Is the governing body", 2. profti-making firms or bushasM in which employees, described In subdWsion I Of subsection A serve at 01fic", PflncOBK Psrb*M or major shareholders; 3. Persons who, within ft W=sd9t* V600ding 12 morithat came within the ;xovisions of subdivision I of subsection & and who: (a) Were employed in positions of subelointial respoinsilihitif In " BrOs Of service to be performed by the cortrool; or (b) Parlicipated in any wBY in dev'sioPing the conTW of its service specifications; and 4. Prord-making firms 01 businesses in which the former employees described in subdivision 3 of subsection A4 serve as offiesm, pVicogis, partners, or major understand and agree that any caricaUtIon of any contract 8" pursuant to this PrOPM1. I cm* under penaKY Of PNJUrY under the lews Of Caffornia that" foregoing is true and comea Signed 7 Daft 2-61111 101 ul)A 1� kv� 102 31, 201 103 The undersigned: C has hired participants from the Countys Department Of Social Services' Greater Avenue for Independence (GAIN) and General Relief Opportunity for Work (GROW) OR opening,dedares a vaingness to consider GAIN and GROW participants for any future employment opening if Wdpant(s) meet the minimum Clusifficstibn for that nP41ry am= to obtaining permanent empWmentF promotional opportunities, V Ite TlaS jlc' VPW 'idyl i 'jM G`2 - 1Q4 CHARITABLE 6k,44C- of VG California Registry of Charitable TrUs%"CT" number (if aPPIk:81319) ants to Cellifurnia's Supervision of tzjr.t�j &,j4 (SB 1262, Chapter 919) added requirOMI Trustem and Fundraisers • Charitable PUMOSISS charitable conbibutions. CERTMATION YES NO proposerdies and determined that .Contractor:• receive .:or raise f: • Yr 1 . • n _ Supervisionit does not now under California,s or Trustem and Fundraism for If proposer engages In _ 1-. t .- u 4 Charitable Purposes Act- Maly it to those laws during the term of a County contract, it vAll b 00131..ofuinitial registration comply with them and provide County a with the California State Att=W Gqn9rars Registry of CharftabiS Trusts when filed, OR Proposer or Contractor is registered with the California Registry of ( ) Charitable rusts under the CT number listed uabove under T is in compliance with its registration and reporting requirements California law. Attached is a copy of its most recent filing with the Registry of Charitable Trusts as required by TWO 11 California Code Of Regulations, sections 300-301 and Govemment Code sections 125W12588. Date Signature Name and We (please type or print) 105 CERTIFICATION OF COMPLIANCE WITH THE COUNTY'S DEFAULTED PROPERTY TAX REDUCTION PROGRAM The Proposer certifies that it is familiar with the terms of the County of Los F Angeles'Defaulted n The Pivu�jam Tax Reduction Program during the termn an awarded contmcL ,OR- I am exempt frau the County of Los Angeles Da%ulted Property Tax Reduction Program, pursuant to Los Angeles County Code Section 2.206.060, for the f0110WIng reason: f deakus underponally of pedury under ffm laws oF the State of CaYfbmis that the kOrmation dated abovetrue mid .F M 106 FORM PW44 i ..:..aqn"PIL ARA-Al134-11 i mat, w4i�� LA �46w ro Yee iJ Nod ff yes, how march of your CUAvm to will you bwrpmttoa MRF? Percantge % Please provide name(s) of Material Remvwy Facility and reWvery Mt*). Aj MRF Recovery Rate % g) MRF Recovery Rate % 2. Do you cu many provide separate collection services for tttefadlo ri ? (dtea air that apply) dRe clabl® materials l7 Green Waete 0 Manure ❑ Food Waste O Bulky Items J�Uovare®I Wavle 6I'M*=rlc West 0 Other. w.s. r d4 107 ■ .L,IL 71�rvmo---775077 • 103 100 FORM PW -1d 7 'Will Y-. r.:F ... :..:,. that ft WoffnaVon Inthis Recydhg wxlWaote Divefew Ptan pK*Mb" PIS") Is wed andoompleW I also undmbnd Md I avy modify this DKwalon Plan at a i3tardift by submMV • I, 110 FORM PW -14 RECYCLING AND WASTE DIVERSION PLAN One of the primary reasons the County is entering into the non-exdusive commercial franchise agreements is to increase commercial and multi -family recycling and to assist the county in Its efforts to comply with the State's recycling mandates. The success of your Recycling and Diversion Plan is key to achieving that goal. Proposers must have a County Approved Recycling and Waste Diversion Plan to be considered responsive. An Incomplete or unapproved Recycling and Waste Diversion Plan may be cause for disqualification of proposal. Attach additional sheets If necessary. General Company Information Company Name: Contact Person Representing Tltle: {.tsrr 7 /z2c r --- - Phone Number. ;6 / - -753 - 5Z& f E•mall Address:, 4 >.lst�CJlY{ CDm Type of collection services that will be provided (check all that apply): [t? Commercial waste collection industrial waste collection 7h[}yRo ulti-family waste collection Construction and Demolition waste collection lt-off Services 0 Other waste collection (please specify): 1. Do you plan on transporting your commercial solid waste from Los Angeles County unincorporated areas (CUA) to a Materials Recovery Facility (MRF) and/or transfer/processing facility? Yes la No ❑ if yes, how much of your CUA waste will you transport to a MRF? Percentage 15' % Please provide name(s) of Material Recovery Facility and recovery rate(s). A) rAs i/,2,/z J ,1 {V I i MRF Recovery Rate Yo g)�zui azz a r MRF Recovery Rate % 2. Do you currently provide separate collection services for ft following? (check all that apply) /Recyclable materials reenwaste urs ❑Food waste t�ulky Items Universal Waste lectronic Waste ❑ Other Page t of 4 FORM PW -f4 K •r1.% 4(t • i s. _ t1lifIffzill 11if : :.�♦ •:♦ _ _ I L•- its_ �.• You must visit a0 customers, evaluate whether their ebsting levels of refuse and recycling service is appropriate, and promote and implement recycling services whether or not customers are subject to mandatory commercial recycling requirements under state law, (See ATTACHMENT #1 to the commercial franchise: C. SOLID WASTE AUDITS) The following people will conduct site visits: iJ existing staff within our company (recycling coordinator) Q a subcontractor * other: You will schedule site visits in the following manner, Litelephons �/ erect mail in person ❑ other. ❑ Other information you would like to add: B: Types of recycling containers and sizes offered 13 One cubic yard bin i3 Four cubic yard bin e(One and a half cubic yard bin ❑ R a orbic yard bin ❑ Two cubic yard bin Six cubic yard bin "regi cubic yard bin 0 Seven or more cubic yard bin 0/32135 gallon recycling cart id gallon recycling cart i� gallon recycling cart U Other. Q Food waste container (Indicate types and sizes offered): C>3 Manure container (Indicate types and s¢es offered): ll�L — 4 a �. ya-¢� C: Recycling container contamination procedure What percentage of contamination will prompt your foliow•up action? 131-9% 1320-29% ❑ 40-09% �(10-19% ❑ 30.39% p 50% or more Contamination observed — First occurrence ❑ container collected with no folbw�up action container collected and notified customerwith a warning ❑ container not collected and togged with non -collection notice D other: PaPM4 112 Contamination observed — Second occurrence ■ container collected container ■ container ... ■ container ■container collected,customerpick-up and recycling container removed 11 other Contamination observed —Third occurrence 0 container collected with no follow-up action ■ coritainer collected • container not colkictednon-collection ■ container not colleclied, tagged and customer contactedin person or phone with second warning ,,Ef container collected and customer charged for plek-up ■ container colWW, customer charged for pick-up ■ .,_ ,XWe will notify the County W we remove any recycling container from a customer due to excessive contamination, upon request. D: Required recycling efforts EYWe understand and acknowledge that under the commercial franchise we must use our best efforts to implement measures intended to achieve source reduction, raayciing and waste stream diversion goats for solid waste we collect. ,e!'We understand and acknowledge that under the commercial franchise we must use our best efforts to divert bulky items, electronic waste, LEDs, manure and construction and demolition debris from disposal. E. Intedurisdietionai routes (incorporated and unincorporated areas) allocation methodology How do you verify a service address to determine if the origin falls within County unincorporated boundaries? Service addresses are sorted and jurisdictions of origin determinations are made for each customer by: ,2(Our office staff manually searches customers' address using mapping software or Thomas guide ❑ we enter each customer's service address into a database, then filter the data through an automated mapping software that separates unincorporated addresses from incorporated addresses (1) add together the aggregate disposal / recycling capacity'ser ice volume (yardSeVns, gaRorw/cads) for all customers with service addresses in the unincorporated and incorporated areas (2) multiply each jurisdiction's tonnage by standard, average weights per cubic yard/gallon. (3) determine the percentage each jurisdictional tonnage comprises of the total route tonnage ❑ other PRO 3or4 013 FORM PW44 4. Tonnage and Diversion Rate Summary Table 5. Facility Form and Tonnage Table f: I -+ pv �' �1 PRIM ����•;����- 5. Facility Form and Tonnage Table Certification I hereby certify that the information in this Recycling and Waste Diversion Plan (Diversion Plan) is coact and complete. I also understand that I may modify this Diversion Plan at a tater data by submitting a subsequent revWon. Name of person signing fa m :Au/ (f%Q(�/2� Tide: �1�srn �T f�lD./ltzP Signed, Date: Page 4 of 4 114 f: I -+ MOWNa LG'1 V II M_I �' �1 PRIM ����•;����- MWOR WIi1i.'.7 Omit e.., ,LI �1������. • Certification I hereby certify that the information in this Recycling and Waste Diversion Plan (Diversion Plan) is coact and complete. I also understand that I may modify this Diversion Plan at a tater data by submitting a subsequent revWon. Name of person signing fa m :Au/ (f%Q(�/2� Tide: �1�srn �T f�lD./ltzP Signed, Date: Page 4 of 4 114 • - rri 17- 14173207F=...... 1 ... .:... .1. .. .: i `: �L43i'°,_�w.■c•�'■ii'11l'I'i1�+■r�r�-w■�■■�.—_–.�.aair�i■ _ s # •s �:... c � ILL 1'1 zo ■ t N MOnurs ■MiElacbmic Waste Pop I ad 4 115 ■ I.RMA AUX_. e U1:1 14 Fl -1 11 The fogavbV peo* SWI ovdLld alta *ft: axfatlng a'aEf vrll�itn Darr oony D a subaonhacbr Cl ftw.. You w ll scfiedule she Vio66 in the tollw&4 mannas ❑ tsbphona 11 dkeat mag 0 in person 11 odwr. ■ • u 9 d ■ ■ Al ■ .! .: ■ :n ■Bill PI%PXGrt 116 : 4 14:; t � 4,; 1 Irl ..>,. FRI 117 FORM PW -94 ... Com'!-.•�''^r'�r'�r11�Fi ` ` •. rr�r� � L� ,�ri■rrr err rr rr�ri■ rr� rr®■■r�rr �;�■rrurii�r.�rrrrrrr■r�rr ��r�r tom■ rrr■� ��rr rrrr i r�rrrrrr�■r�rr -- rsrr�rrrrrrrr� ... ■rrrar■rr�r■r►�rrrrr�rr rrrr�rrrrr ra�rrrr�rrrr� ]33 ENE ... Com'!-.•�''^r'�r'�r11�Fi ` ` •. rr�r� � L� ,�ri■rrr err rr rr�ri■ rr� rr®■■r�rr �;�■rrurii�r.�rrrrrrr■r�rr ��r�r tom■ rrr■� ��rr rrrr i r�rrrrrr�■r�rr -- rsrr�rrrrrrrr� ... ■rrrar■rr�r■r►�rrrrr�rr rrrr�rrrrr ra�rrrr�rrrr� ]33 FORM PWAS SUBSCRIPTION ORDER TEMPLATE REQUIRED DISTRIBUTION Prior to commencing service, you must give each of your customers a subscription order. At least once each year. you must give each of your customers a summary of the general form of the subscription order and directions on how to obtain a complete copy of a customers specific order. (You may include the summary together with other correspondence to your customers, such as customer outreach and educational materials. See the franchise agreement.) REQUIRED CONTENT Your form of subscription order must contain the following information: (1) The scope of services, including size and number of containers, subscription date, and set -out site; "set -out site" means the place agreed to between waste hauler and its customers to collect MSW under County Code § 20.72.900. (2) Customer service charges, which may be in the form of a general fee schedule, clearly marked to indicate all fees (including bin delivery, bin pick-up, bin locks, additional pick-upss etc.) that are specifically applicable to the customer; (3) Office hours, toll-free customer service telephone number, email address, and any website; (4) Disclosure that the customer's subscription is subject to your being a party to the non-exclusive commercial franchise agreement, and the subscription must be terminated if the franchise is terminated; (5) County telephone number that the customer may call after contacting waste hauler if the customers service complaint is not satisfactorily resolved; (6) Any other Information (in any format) requested by County. I acknowledge that the attached template will be used to prepare our subscription order form. Name of person signing form: "" 1 H� ck�-� Title: r 11C4 Tri cle4+- Signed, Date: 119 FRANCHISEE NAME FORM PW45 TRASH and RECYCLABLES Collection Services in BinstDumpsters CUSTOMER SUBSCRIPTION ORDER To Our Valued Customer. The County of Los Angeles Board of Supervisors (County) awarded FRANCHISEE NAME a franchise to provide trash collection and recycling services in bins and roll -off boxes for residential, multi -family and commercial properties in the unincorporated communities of the County starting on July 1, 2012 and ending June 30, 2019, FRANCHISEE NAME takes great pride in the work we do to keep the environment clean and protected for our future. This subscription is subject to our being a Franchised waste hauler under the County's commercial waste franchise agreement. Its term is 7 years, unless you terminate service by (1) giving us 90 days notice without any cause if you are not delinquent in paying us any service charges (2) giving us 14 days notice, if we fail to provide service (such as missing pickup or failing to timely repair or replace carts)or we bill you incorrectly or (3) the franchise expires or is terminated by the County. We cannot automatically renew or extend your subscription without your consent. If you want to extend it, you must ask us. We will provide a written final notice (postmarked at least 14 days in advance) 9 we are to suspend or terminate your service. The final notice will Include an explanation for the suspension or termination and information on how to resolve your issue and restart service. BIN SIZES AND STANDARD SERVICE RATES Please review the service option that you ordered and the rates we will charge you (on or after July 1, 2012), marked below. We will bill you (MONTHLY f QUARTERLY?t: COLLECTION FREQUENCY! WEEK BIN SIZE [List Bin Sizes and Standard Service Rates. that you offer;'and nark customaefl ADDITIONAL STANDARD SERVICE All Customers: Recycling Containers -1 cubic yard capacity or 2 96 -gallon carts FREE Additional or larger containers and capacity provided at HALF the trash rate Residential and Multi -Family Customers ONLY: FREE Holiday Tree Collection Services Five On Call Pickups or One Annual Cleanup Event of Bulky Items and Electronics for Residential and Multi -Family Properties. We will provide one of the following service options upon your request: (1) Five pickups of bulky items (limit of five items per pick-up) and unlimited amounts of certain electronics at your request each year at no charge. if you call us at least 24 hours in advance we will collect them on your next regularly scheduled pickup day at the regular site for placing solid waste containers but not in any roadway or other public right of way. (2) One annual cleanup event with a collection of unlimited amounts of bulky items and certain electronics on the date agreed to between the customer and us, at the regular site for placing solid waste containers but not in any roadway or other public right of way. We will collect those materials at no charge. At least once each year we will talk with or meet in person the owner or superintendent of a multifamily residence and schedule the annual cleanup event. DISCOUNT SERVICES:[Lisf arty discount services and rates that you provide] ADDITIONAL SERVICES AND RATES: You may order any or ail of the following additional services: (LIST] request additional services, ask questions or express concems, please call our CUSTOMER SERVICE Monday thru Friday 8 am to 5 pm at PHONE NUMBER and EMAIL ADDRESS 120 FRANCHISEE NAME FORM PW45 Bin Rental and Roll -Off Services CUSTOMER SUBSCRIPTION ORDER To Our Valued Customer: The County of Los Angeles Board of Supervisors (County) awarded FRANCHISEE NAME a franchise to provide refuse collection and recycling services in bins and roll -off boxes for residential, multi -family and commercial properties in the unincorporated communities of the County starting on July 1, 2012 and ending June 30, 2019. FRANCHISEE NAME takes great pride in the work we do to keep the environment clean and protected for our future. This subscription is subject to our being a franchised waste hauler under the County's commercial waste franchise agreement You may terminate service by giving us 14 days notice, if we fall to provide service (such as missing pickup or fatting to timely repair or replace carts) or we Will you incorrectly or the franchise expires or is terminated by the County. BIN AND ROLL OFF CONTAINER SIZES AND STANDARD SERVICE RATES Please review the service option that you ordered and the rates we will charge you (on or after July 1, 2012), marked below, for service. WA IA016:11 vnu BIN SIZE COLLECTION FRE UENCYI WEEK 1. 2 3. 4. 5. 6. 7. [List Bin Sizes,and standard Service'Rates that you offer, and: mark customers: (Your efforts to reduce waste, recycle and buy products made from recycled content are integral components of a sustainable society, and we thank you for your efforts.) DISCOUNT SERVICES:Pst.any discount services and rates that you provide.] ADDITIONAL SERVICES AND RATES: You may order any or all of the following additional services: ILISTI To request additional services, ask questions or express concerns, please call our customer service department, CUSTOMER SERVICE Monday thru Friday S am to 5 pm at PHONE NUMBER or EMAIL ADDRESS. 121 FORM PW -16 You nrlay not collect any unpormt1w W28495 general, ounpannitied waste is material that you cannot dispose of in a class 2 landfill.) I ge& all that apply) in effect or to be implemented as :1 colkcuon tags, when safe; d'AJI drivers, routs personnel and now _ receive trainingand attend ty In - WS Conduct W" n""nP M'weekly :3 monthly E3 quaftrtY M annually 13 otIW SrWa train drivers in both idgryffmadon and nffx*on procedures when they discover unPWTnid9d waste copy on the Er We instnict drivers who discover unpormitted waste to corn container (whenever sa%) and file the second copy at the officS m'The non-callection notice inckides an wPlanation of the violation and the proW means to dispose of the unparmittedl waste ■ �1 uat Ins1-on during dipping Of bins or other containers bft (3) Immodkft driver MSPOMM, such as load $411MOU"M C: We train all drimrs to s"reggtq unparmitted waste upon identification non -collection the container ■ • 1 3 F Ddver nodficartion, if the driver iderMed unpayntited wastes he or she notffie$: ■roVM superviW L di patch Eicustcmerservioadepa,11101 PWIofx in appropriate(S) Notification of appropriate loce agency or department; El Customer service mornitors and records unpamitted waste violations identified by drivers or ollnarft'v personnel R�rf field parecnnal identify hmwdoug waste, they *01 Immediately TIOW • tile County fre department and the • the County. J IS •ftis _ _ - _ a a (6) Appropriate sciior4 such as segregation and contalno in accordance with law or securing aorvic" of permitted handling and transPOA COMPOMY; - is or she cab and notill" #10 routs supervisor, and s Proper DePrblmt of Compliance with Callforrils stab and rt Transportation s �,O CrR); g compliance standards under �' l Transportation"a will Comply wb all LocajState and Federal laws, indudin40 CFR' as i calffornia EPA and DTSC regulations wall 96 program to mRximtze exclusion of Development and Implementation of a customer aducad"I unpgrmtftd waste from dlsp=W and to promote safe handling of Unparmitted Waste. labels will prohibit discardft unparrnitted wastel Including ilkMtVtN6 OxOMPMc.V tjmv� Me IN wil such conspicuous laws on each bin end rolkolf box. The ni; ant qducation and outreach program to ma)dmtw safthandri .. ..• yffi Ta _ _5• R 123 Tft6e: V 1 l C• T Data: FORM PW49 SERVICE AREAS CHECKLIST Please identify each unincorporated community you currently provide service to with a "C' and Identify each unincorporated community which you pian to provide service to with a "P' (Check all that apply). See attached maps for reference g you provide service throughout allof the unincorporated areas please check here Z If you plan to provide service throughout III of the unincorporated areas please check here 1w D "AME cop 1 ACTON 2 AGOURA 3 AQUA DULL£ 4 ALTADENA 6 ANTELOPEACRES 6 AN A ISLANDS 6 AVOCAD HEIGHTS a AZUSA ISLANDS to SILDNW HILLS It BASSETT 12 SIG PINES 13 BIG TUJUNGA 14 BOUQUET CANYON 16 CALASASAS HIGHLANDS 16 17 CASIAIC CASTAIC JUNCTION Cot 18 CERRITOS ISLANDS 18 20 CHARTER OAK CITRUS Q 21 COVINA ISLANDS 22 DELAIRE 23 2A DEL SUR DEL VALLE (r 27 EAST PASAD 28 EAST SAN GABRIEL ail? 29 EL CAMINO NLIAGE 30 ELIZASETHLAKE C 31 FAIRMONr 34 FOCTHILL 36 FORRESTPARK 36 37 FRANKLIN CANYON CARMAN ry V 38 GRE N VALLEY MULHOLLAND CORRIDOR CORNELL LAS VIRGENEWMAUSU CANYON 64 1 MALIBU BOWL MALIBU HIGHLANDS MALIBU LAKE MALISU/SYCAMORE CANYON MONTE NIDO � rti1 0 -CV VI -(4e Tfie: Name of person signing form Date --- SlgnedL����y 1 of 4 124 0-laqAAe(Jr FORM PW -VA PERSONNEL CONTACT LIST FOR WASTE COLLECTOR PERMIT # i PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Identlease all contact names, telephone a personnel fax numbers and email adrovide dresses before list ng. Use dditional pages if required. You must give County notice of changes in the Personnel Contact t least 30 days prior 1 to the changes (if practicable), and no later than 30 days any Y chap 9 Owner OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: TITLE: C"et;sMWARaW FULL NAME: T( Y�l ADDRESS: C1 L" OFFICE ;PHONE-:.,' I" - Z!jZ' ::,;�-A LA —1 CELL PHONE: X01 FAX: 11' - 2� EMAIL' YEARS OF EXPERIENCE: ZGj. IFS TITLE: Operations Manager yy FULL NAME: n % VX, Leri YVI ADDRESS: CELL PHONE: ?,5t FAX EMAIL. IV'/I�tI�t1Yi4 (,t;—'l .Q YEARS OF F�pERfEN( R ( i Pegs I of 2 FORM PW -17.1 PERSONNEL CONTACT LIST FOR WASTE COLLECTOR PERMIT # PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED TITLE: Recycling Coordinator FULL NAME: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: TITLE: Route Supervisor FULL NAME: C,&4/4061 _ l ift C Z ADDRESS: OFFICE PHONE: CP0'a� CELL PHONE: tf) L'' ` ~1 G' 7 - t 15 FAX: , C; - -1 V-2 EMAIL: L VNAI,41Q 1 blYLi_GC t YEARS OF EXPERIENCE: TITLE: Accountant/book keeper who calculates and submits franchise fee to County. FULL NAME: \ � Ckl ' ���. ADDRESS �1. C'•I Iii lu1G .� �i OFFICE-�_ PHONE:�1-k - ZcJZ- CELL PHONE FAX 55145` 2��Z- �JZ3� EMAIL: VA10Y Ct lL cv LO)V1 i YEARS OF EXPERIENCE: � 4 � Name of of person s ning form: Signed Page 2 of 2 126 FORM PW -18.1 SOLID WASTE FACILITIES FOR PERMIT #� PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Identify all solid waste facilities to which you deliver any materials that you coltect in the lants, MRFs,lncorporated areas cc posh g facilities, the County, such as: Transfer processing stations, landfills, w (Including waste -to -energy p conversion facilities and recycling brokers / companies (including a waste}. Attach additional sheets if necessary. CATEGORY REFUSE Materials accepted: Materials rejected: Methodology used for allocating materials or determining limsdiction of origin of its waste stream, including disposed residue. check all that appy. REFUSE (if applicable) Materials accepted: Materials rejected: Methodology used for ailocatirg matedals or detemilrtirg jurisdiction or origin of its waste stream, including disposed residue. Check all that apply. RECYCLABLES FACILITY MATERIALS TAKEN TO Name of Facility: C7t,.a'� 0j Address: S Routes are pre- Solid waste registered based on matedals are the route number, wMighad percentage certified scales allocation, and before entering jurisdiction of origin. the facility. Materials accepted: Materials rejected: a The exact net The solid o On a monthly then delivered to weight of the waste collected basis, the facility material collected is is then unloaded will reconcile allocated to the on the floor and each load with jurisdiction(s) from prepared for weight records which the males del processing. and allocations was collected from. �11'.;�4' t� `�y�(.Ls1 - �`�"I t- '-'T't�ti� Name of Facility: ` L l�i -'^L f 1-7i Address: iA Methodology used for allocating materials or determining jurisdiction of origin of its waste stream, including disposed residue. Check all that apply. o Roules are pro- registered based on the route number, percentage allocation, and jurisdiction of origin. �t'GZ.rlk? 4-6k 41..A rr K:vl 44- C_. a Solid waste o The exact net materials are weight of the weighed at the material collected is certified scales allocated to the before entering jurisdiction(s) from the facility. which the material was collected from. o The solid waste collected is then unloaded on the floor and prepared for processing. o on a monthly basis, the facility Will reconcile each load with weight records and allocations Name of Facility: VTr�-- Address: ZL>nC7(j L C�1itk1C,R-tr/'K��y i C4�t�rt�Yl(•�� �22 Tele hong: X71 ri�l f!1 Jul '• (i'.ZJ�'/ '/ o A waste characterization I$ conducted to allocate each type of recovered and recycled material and all process residue by weight. 127 o Each outbound commodity weight is collected end reconciled with the waste characterization for the facility. o All residue materials are tracked based upon the waste characterization and allocated to the appropriate jurisdiction o The materials are then delivered to a Each vehicle is the processing area weighed at the where all materials certfied scales are sorted and and a tare weight processed for is captured. optimum diversion. 127 o Each outbound commodity weight is collected end reconciled with the waste characterization for the facility. o All residue materials are tracked based upon the waste characterization and allocated to the appropriate jurisdiction I FORM PW -18.1 SOLID WASTE FACILITIES FOR PERMIT# PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Identify all solid waste facilities to which you deliver any materials that you collect the unicomporatdfa ea Of the County, such as: Transfer processing stations, landfills, waste -to -energy plants, conversion facilities and recycling brokers I companies (including e -waste), Attach additional sheets if necessary. CATEGORY FACILITY MATERIALS TAKEN TO Name of Facility: Address: REFUSE Materials accepted: Materials rejected: Methodology used for allocating materials or determining )urisdiction of origin of Its waste stream, including disposed residue, check all that apply. REFUSE (if applicable) Materials accepted: Materials rejected: Methodology used for allocating materials or determining jurisdiodion of origin of its waste stream, including disposed residue. Check all ihat apply. RECYCLA13LES Materials accepted: Materials rejected: a Routes are pre- registered based on the route number, percentage allocation, and jurisdiction of origin. Methodology used for allocating materials or determining jurisdiction of origin of Its waste stream, including disposed residue, check all that apply. Name of Facility: Address: c Routes are pre- registered based on the route number, percentage allocation, and jurisdiction of origin. Name of Facility: Address: --7c Ill o A waste characterization is conducted to allocate each type of recovered and recycled material and all process residue by weight. o Solid waste materials are weighed at the certified scales before entering the facility. o Solid waste materials are weighed at the cenified scales before enlering the facility. o The exact net weight of the material collected is allocated to the jurisdiction($) from which the material was collected from. o The exact net weight of the material collected is allocated to the jurisdiction(s) from which the material was collected from oThe solid waste collected is then unloaded on the floor and prepared for processing. o The solid waste collected is then unloaded on the floor and prepared for processing. o On a monthly basis, the facility will reconcile each load with weight records and allocations D On a monthly basis, the facility will reconcile each load with weight records and allocations 128 d The materials are o Each outbound then delivered to o Each vehicle is the processing area weighed at the where all materials eertfied scales are sorted and and a tare weight processed for is captured. optimum diversion. 128 a All residue o Each outbound materials are commodity weight tracked based upon is collected and the waste reconciled with the characterization waste and allocated to the Characterization appropriate for the facility. jurisdiction PAGE 2 OF 3 129 C.onS Nameof Facility: ,(Acer RECYCLABLES/� Address: ��� d C)211, (J'ZI.I7ti`-Et `- (if applicable) Tale hong: Materials accepted: Materials rejected: ❑The materials are o Each outbound o All residue materials are oAwaste o Each vehicle is then delivered to commodity weight tracked based Methodology used for characterization wlii weighed at the the processing area is collected and upon the waste allocating materials or provide for the certified scales where all materials reconciled with the characterization determining jurisdiction of allocation of each and a tare weight are sorted and waste and allocated to origin of its waste stream, Including disposed residue. and all materials by weight. is captured. processed for optimum diversion. characterization facility. e the appropriate Check all that apply. for the Jurisdiction Name of Facility: WASTE Address t 1 h; Telephone: Materials accepted: Materials rejected: o Each load of o The facility will Methodology used far 13 Green waste materials will be ❑ The green waste will be green waste delivered will be use the green allocating materials or determining jurisdiction of collected and hauled from the allocated based waste as Alternative Daily origin of its waste stream, transported in the truck directly to the facility• upon rare weights Covet {ADCj including disposed residue. same manner as on tons delivered. program. Check all that apply. solid waste. of Facility: Y Address: EITEMName S / Tale hane: Materials accepted: Materials rejected: Methodology used for o The facility will o All materials recovered are allocating materials or record all bulky items a The facility will report all materials based allocated based upon weight and determining Jurisdiction of delivered and upon the jurisdiction of generation, jurisdiction of genaratiom origin of "a waste stream, recovered. including disposed residue. Check all that apply. Name of Facility: ELECTRONIC Address: WASTE Materials accepted, Tele 511 PAGE 2 OF 3 129 lL X t C1 Name Aof Facility: REss:Z5 r , dee h! .� (if applicable) Materials accepted: Materials rejected: Name of Facility: GREENI Address: WASTE Materials accepted: Materials rejected: o Green waste o The green Methodology used for materials will be waste will be alloostrig materials or collected and hauled from the determining jurisdiction of transported in the truck directly to origin of its waste stream, same manner as the facility. including disposed residue, solid waste. Check all that apply, Name of Facility: SULKY Address: ITEMS Materials accepted: o Awaste o Each vehicle is Metwology used for characterization will weighed at the allocating materials or provide for the certified scales determining Nrlsdiction of allocation of each and a tare weight origin of its waste stream, and all materials by is captured. including disposed residue. weight. Check all that apply. Name of Facility: GREENI Address: WASTE Materials accepted: Materials rejected: o Green waste o The green Methodology used for materials will be waste will be alloostrig materials or collected and hauled from the determining jurisdiction of transported in the truck directly to origin of its waste stream, same manner as the facility. including disposed residue, solid waste. Check all that apply, Name of Facility: SULKY Address: ITEMS Materials accepted: o All residue materials are Materials rejected: tracked based Methodokrgy used fa a The facility will allocating materials or record all bulky Items detemtining jurisdiction of delivered and origin of its waste stream, recovered. including disposed residue. jurisdiction Check all that apply. Name of Facility: ELECTRONICl Address: WASTE Materials accepted; Materials rejected; o She materials are then delivered to the processing area where all materials are sorted and processed for optimum diversion. o Each load of green waste delivered will be allocated based upon tare Weights on tons delivered. o The facility will report all materials based upon the jurisdiction of generation. t317 o Each outbound o All residue materials are commodity weight tracked based is collected and upon the waste reconciled with the characterization waste and allocated to characterization the appropriate for the facility. jurisdiction o The facility will use the green waste as Alternative Dally Cover (ADC) program. o All materials recovered are allocated based upon weight and jurisdiction of generation. Methodology used far allocating materials or o All electronic weight are weighted and allocated per commodity deterinining jurisdiction of type and weight including disposed residue. Cheer all that a I . Name of F CONSTRUCTION AND Address: DEMOLITION DEBRIS Tel hoot Materials accepted: - Materials rejected: Methodology used for oThe fac altocating materials a record all determining lunsdiclion or delivered origin of its waste stream, recovers( including disposed residue. Check all that a I . Name of FOOD Address: WASTE Tele hot Materials accepted: terials rejected: y used for o The fa allocatingmaterials a =r0eldu0- record a' determining jurisdiction of delfverei s waste stream, recovers sposed residue. hehat a I . Name o OTHER (please specify) Address Tale he Materials accepted: ls rejected: used for aterials a =Ju6sdIcrt0n Ju6JunsdIcton ofaste stream,ed residue. - Jame of person Signing form: o All materials recovered under this program are recorded and reported back to us and the State of California acility. l:I+tee `L- 4'15 `Gr, y7i�7 jir2---� 321 'Vj.'icy1 lity will a All materials recovered are C&D o The facility will report all materials based allocated based upon weight and and upon thejudsdiotion of generation. jurisdiction of generation. nnll�hr e: :ility will o All materials recovered are food waste o The facility will report all materials based allocated based upon weight and and upon the jurisdiction of generation. jurisdiction of generation. d. Facility: ne: PAGE 3 OF 3 l al Title: e y used for o All materials recovered under this materials or o All electronic weight are weighted and allocated Per commodity program are recorded and reported Jurisdiction of type and weight back to us and the State of ts waste stream. California isposed residue.that aName of Facility: 'J)c n'�TRUCTION /� r71 A AND Address: ,�2' V �' Dl L R�tr}'G T' IV } C, AND `L J( DEMOLITION j 1 DEBRIS Materials accepted: Materials rejected _ Methodology used for o The facility will allocating materials or record all C&D determining jurisdiction of delivered and origin of its waste stream, recovered. imlud rio disoosed residue. Name of Facility: FOODI Address: WASTE o All materials recovered are o The facility will report all materials based allocated based upon weight and upon the jurisdiction of generation. jurisdiction of generation. Materials accepted: Materials rejected: Methodology, used rot o The facility willo All materials recovered are allocating materials or record all rood waste o The facility will report all materials based allocated based upon weight and determining rudsdidion of delivered and upon the jurisdiction of generation. jurisdiction of generation. origin of its Waste sveam, recovered. including disposed residue. _. Name of Fatality: OTHER (please specify) Address: Tel hone: Materials accepted: Materials rejected: Methodology used Por aaocaang materials or determining jurisdiction of origin of its waste stream, including disposed residue. flame of person signing form: iigned Title: _ Date: PAGE 3 OF 3 932 PW -20. Caikection Vehide Information 67� Form PW -20 included with this proposal, lists vehicles currently in operation for the proposed service areas. We have purchased and will implement 59 new LNG/CNG collection vehicles throughout the County of Los Angeles prior to the commencement date of the proposed franchise agreement. As a result, more than s0% of the fleet servicing the Unincorporated Area will be alternative fuel (CNG/LNG) by July 14 2012. We will provide an updated vehicle list detailing proof of conversion upon commencement of the agreement and on an annual basis as part of contractual annual reporting requirements. 4 r^ ^. County of Los Angeles - February 2012 133 ......._._.. A. ) § 104 FORM PWA7.1 PERSONNEL CONTACT LIST FOR WASTE COLLECTOR PERMIT # D PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Identify key personnel and provide following information. Please verify all contact names, telephone and fax numbers, and email addresses before listing. Use additional pages if required. You must give Cou nty notice oandchanges no later than Personnel30 days follow ng any change. days prior to the changes ('rf p ), Owner OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: TITLE: General FULL NAME: ADDR--- OFFICE PHONE: ' jq% 2.52 CELLPHONE: FAX: EMAIL: A(`i`v�t'c YEARS OF EXPERIENCE: Zc TITLE: President FULL— NAME. �, ADDRESS: i OFFICE PHONE: CELL PHONE: FAX EMAIL: Lt1'1 C tAr v^ O L_-1 YEARS OF EXPERIENCE: 4 TITLE: Operations Ma L. FULL NAME: ikt d s' ADDRESS: k`1W i140 I :J,d i - OFFICE HONE:`L rEA PHONE: -,� U:: c. — j`Z ` i � `{-�'j.2t'TJ L it1 ,(c�L,ti II: 4i1t iY11RS OF EX ERIENCE: i -] 135 Page 1 of 2 FORM PW -17.1 PERSONNEL CONTACT LIST FOR WASTE COLLECTOR PERMIT # PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED TITLE: Recycling Coordinator FULL NAME: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: TITLE: Route Supervisor FULL NAME: ADDRESS: j,titi OFFICE PHONE: '? JG -',O2 Z - U4>1� CELLPHONE: FAX: 0 e� 7 C Z EMAIL: :, 4 Y 407. D Luw -C YEARS OF EXPERIENCE: -:7>\ TITLE: AcoountanYbook keeper who calculates and submits franchise fee to County. FULL NAME:�-- ADDRESS: C1 V L/ OFFICE PHONE: CELL PHONE: FAX 5 EMAIL' Mty-�I,liA%.ky YEARS OF EXPERIENCE: I-(/ZTille: C ttt t fY GtC' L11, i� 4 tt�� Name of person wring farm: J 2Ljk tt .plc/ e .12. Signed l � Date: Papa 2 of 2 136 FORM PW -18.1 SOLID WASTE FACILITIES FOR PERMIT# v1�� PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Identify all solid waste facilities to which you deliver any materials that you collect in the unincorporated areas of the County, such as: Transfer processing stations, landfills, waste -to -energy plants, MRFs, composting facilities, conversion facilities and recycling brokers 1 companies (including e -waste). Attach additional sheets if necessary. CATEGORY REFUSE Materials accepted: Materials rejected: Methodology used for albcadng materials or determining jurisdiction of origin of its waste stream, including disposed residue. Check all that apply FACILITY MATERIALS TAKEN TO Name of Facility., 4 1ti'LT�C�'��' Address: ?j2 t } }'G� 'lC. t-) (0 Z6:�" • �t%t l�51w'� L ?� • C 4) 7' Vic.-2i'I-VDL'L� o Routes are pre- registered based on the route number, percentage allocation, and jurisdiction of origin. Name of Facility: REFUSE Address: (if applicable) Telephone: Materials accepted: Materials rejected: Methodology used for alloptlng materials or determining jurisdiction of origin of Its waste stream'including d residue. Check all that apply. RECYCLABLES Materials accepted: Materials rejected: Methodology used for allocating materials or determining jurisdiction of origin of Its waste stream, Including disposed residue. Check all that apply. o Routes are pre- registered based on the route number, percentage allocation, and jurisdiction of origin. D Solid waste materials are weighed at the certified scales before entering the facility. o Solid waste materials are weighed at the certified spies before entering the facility. o The exact net weight of the material collected is allocated to the jurisdiciton(s) from which the material was collected from. ❑ The exact net weight of the material collected Is allocated to the jurisdictions) from which the material was collected from. o The solid waste collected is then unloaded on the floor and prepared for processing. o The solid waste collected is than unloaded on the floor and prepared for processing. o On a monthly basis. the facility will reconcile each load with weight records and allocations o On a monthly basis, the facility will reconcile each load whtt weight records and allocations Name of Facliity: 40Yr LL4, ti 1 17 Address: d o A waste characterization is conducted to allocate each type of recovered and recycled material and all process residue by weight. 137 o Each outbound o The materials are D Each vehicle is then delivered to the processing area weighed at the where all matedals certified scales are sorted and and a tare weight processed for is captured, optimum diversion. 137 o Each outbound o All residue mat a commodity Weight trackedbased upon is collected and waste the wad reconciled with the chethe allocated to waste and allocated to the and characterization appropriate for the facility. jurisdiction 111 t. C'� CS Name of Facility: '�" rr (�7,`�' Lc t l �ti (�L�J RECYCLABLES Address: Z ZfL / (if applicable) Tele hone: Materials accepted: Materials rejected: o A waste o The materials are o Each outbound o All residue o Each vehicle is then delivered to materials are commodliywelght Methodology used for allocating materials or charaetedzationwill provide for the tracked based weighed at the the processing area is collected and upon the waste materials determining jurisdiction of allocation of each cemfied scales where all reconciled with the and a tare weight are sorted and characterization waste origin of its waste stream, including disposed residue, and all materials by weight. and allocated to is captured. processed for characterization theappropriate diversion. Check all that apply. optimum for the facility. jurisdictio Name ofFacirty'C;veoil�L/�--- GREEN Address: '�j`Z.` t to ICl�7CL. } C•j�1� 7^v� % WASTE •2Si�: •— •Zi - Lt�3"��"" Tele hone: Materials accepted: Materials rejected: Methodology used for o Green walla will De ❑ Each load of o The facility will o The green green waste use the green waste will be allocatingmaterials or delerrrnning jurisdiction of materials collected and delivered will be hauled from the waste ti allocated based Alternative Daily origin of its waste stream, transported in the as truck directlyto upon tare weights Cover (ADC) the facility. including disposed residue. same manner on tons delivered. program. Check all that apply. solid waste. Name of Facility: BULKY Address: ITEMS Tele hone: Materials accepted: Materials rejected: Methodology used for o The facility will o All materials recovered are allocating materials or record all bulky items o The facilitywill report all materials based allocated based upon weight and determining jurisdiction of delivered and upon the jurisdiction of generation. jurisdiction of generation. origin of its waste stream, recovered. including disposed residue. Check all that apply. Name of Facility: ,r-� tr i^tJ�'jL. ` 4'k�'��..{['�' 4" �M , ' J" ELECTRONIC Address: 3•�` �y lv C L�j Z (> '�' l.� t ��7t l J WASTE � —1 Telephone: Materials accepted: 1777 Materials rejected: DwGC a M1C'� 111 M ethodology Y used for a All materials recovered under this allocating materials or o pit electronic weight are weighted and allocated per commodity program are recorded and reported g jurisdiction of hype and weight. back to us and the State of its wade stream. California isposed residue. that a Name of Facility: 'XrZ6].-i�t_. TRUCTION L' -?t AND Address: t i `�� i zzft DEMOLITION DEBRIS Materials accepted: used for o The facility will Materials rejected: materials or record all food waste datermining a The facility will a All materials recovered are The facility will report all materials based allocated based upon weight and McVadelogy used for allocating materials or determining Jurisdiction of record all C80 delivered and o upon the jurisdiction of generation. jurisdiction of generation origin of its waste stream. recovered. Including disposed residue. Name of Fadlly: FOOD I Address: WASTE Materials accepted: Materials rejected: Methodology used for o The facility will allocating materials or record all food waste datermining jurisdiction of delivered and origin of Its waste stream. recovered. intludino dIS00Sed RSklue. OTHER Name of Facility: (please specify) I Address: Materials accepted: Materials rejected: Methodology used for allocating materials or determining jurisdiction of origin of its waste dream, including disposed residue. o All materials recovered are D The facility will report all materials based allocated based upon weight and upon the jurlsdic tori of generation. jurisdiction of generation. dame of per n signing form: L.tVV6f" —.�c�w t��� t Title: \crrrttat . t t,�i:�il�( l ZcC%� � . 1t4IfZ� Date: >igned PAGE 3 OF 3 130 MmM Collection '!ehide Wormatiort Form PW -20 included with this proposal, lists vehicles currently in operation for the proposed service areas. We have purchased and will implement 59 new ENG/CNG collection vehicles throughout the County of Los Angeles prior to the commencement date of the proposed franchise agreement. As a result, more than 50% of the fleet servicing the Unincorporated Area will be alternative fuel (CNG/LNG) by July i, 2012. We will provide an updated vehicle list detailing proof of conversion upon commencement of the agreement and on an annual basis as part of contractual annual reporting requirements. County of Los Angeles - February 2012 140 � ! m r � / � m k } \ x,,jt-LL ht�t'��� FORM PW -17.1 PERSONNEL CONTACT LIST FOR WASTE COLLECTOR PERMIT # SC��1' PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED Identify key personnel and provide following information. Please verify all contact names, telephone and fax numbers, and email addresses before listing. Use additional pages if required. You must give County notice of changes in the Personnel Contact List at least 30 days prior to the changes (if practicable), and no later than 30 days following any change. rV FULL NAME: "f �I—L r n Cv.NE::XPERIENCE: E OFFICE PHONE: OFFICE PHONE; LP1i L%j CELLPHONE: CELL PHONE: S U j . TITLE: General Manager{'�Q(i� FULL NAME: ADDRESS: CL)TI t l' C 2 - OFFICE PHONE: j5�. 2tj2�ti 1 CELLPHONE: -2 V2- `'. Li FAX EMAIL: CC C lt'l 12 Q)1, , 04.1 YEARS OF EXPERIENCE: Z2 j TITLE: President (;� 'P1/nn( e FULL NAME: "f �I—L r ADDRESS: t%t 4)?( ('S ll,{ ,VP_ &tLS kA OFFICE PHONE: OFFICE PHONE; LP1i L%j CELLPHONE: CELL PHONE: S U j . FAX: (; V� EMAIL:W)IcC Cv^o txpA YEARS OF EXPERIENCE: "2 C TITLE: Operations Manager FULL NAME: (, . W C� �C4 �7 ADDRESS: '2 iii Z G? viv � 17 &tLS kA ' 11.. 50 OFFICE PHONE; LP1i L%j -- G 22,01 CELL PHONE: S U j . 0 - t�' ff- }" FAX:l - c�roci - V. *1 LP L-0 EMAIL �7i� 4( FG'?> C'Wt • C'ur.•t YEARS OF EXPERIENCE: -ZU Page 1 of 2 142 FORM PW -17.1 PERSONNEL CONTACT LIST FOR WASTE COLLECTOR PERMIT # • Ct ( PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED TITLE: Customer Service Supervisor FULL NAME, (t(t• ADDRESS: �j'jC�l?r�� L�S�'J11 ADDRESS: OFFICE PHONE: CELLPHONE: FAX:-LC•Itf� FAX: L9LCI EMAIL: I-MIAei' ZI'( _ �� W111 -Cc'v 'L YEARS OF EXPERIENCE: TITLE: Recycling Coordinator j j�'J� FULL NAME: i ADD ESS: OFFICE PHONE: CELL PHONE: FAX: EMAIL: YEARS OF EXPERIENCE: TITLE: Route Supervisor FULL NAME: (L�4'yI, � ty f �1i7F'r ADDRESS: X1ti OFFICE PHONE: Cr CELLPHONE; P FAX: L9LCI C1— L eQ l LVLO EMAIL: 1r1Yi� u✓t%J : Luyv( .C's1�— YEARS OF EXPERIENCE: TITLE: Accountantlbook keeper who calculates and submits franchise fee to County. FULLNAME: lzLLtZ ADDRESS: C'10X*� I 4 I OFFICE PHONE: CELL PHONE: FAX: CS• (1S - EMAIL Nit' •U 2 f-' (dh1 YEARS OF EXPERIENCE: Name of person signing for �t L �ti C Qh j0k� Tiger l rli• �T � LCA- ( tl C Signed Ir'. t _Date: Pape 2 of 2 143 FORM PW -16.1 SOLID WASTE FACILITIES FOR PERMIT # t -!t� 4 PLEASE USE ADDITIONAL FORMS FOR EACH WASTE COLLECTOR PERMIT ISSUED identify all solid waste facilities to which you deliver any materials that you collect in the unincorporated areas of the County, such as: Transfer processing stations, landfills, waste-to•energy plants, MRFS, composting facilities, conversion facilities and recycling brokers I companies (including e -waste). Attach additional sheets if necessary. CATEGORY FACILITY MATERIALS TAKEN TO Name of Facility: �'\) i L(.i't'�� �1'a,:'l 'I L }�,c1C�. t 1 It \ en 2' REFUSE Address: Materials accepted: Materials rejected: Metlwdology used for allocating materials or determining Jurisdiction of origin of its waste stream, Including disposed residue. Check all that apply. , REFUSE (if applicable) Materials accepted: Materials rejected: Methodology used for allocating materials or deiermiring Jurisdiction of origin of its waste stream. Including disposed residue. Check all that apPly. RECYCLABLES o Routes are pre- o Solid waste �he exact net c The solid o a monthly registered based on materials are weight of the waste collected basisi s, the facility the route number, weighed at the matedal collected is is then unloaded will reconcile percentage certified scales allocated to the on the floor and each load with allocation, and before entering jurisdiction(s) from prepared for weight records allocation, n origin. the fadliy. which the material processing. and allocations juriswas collected from. Name of Facility: Address: �'ZG`-U�.,., • li'l't! l� �U"ti'`2L� . �f-.�:<�+t2...k{' ("h . 1 ,.,� I Tele hone: ZZ3 c C R �•ix- C4i c �- Citi ��`Ft'.. o Routes are pre- o Solid waste Ine exact net o On a monthly registered based on materials are ght of the ❑ The solid waste basis, the facility ma aril col ected is collected is then will reconcile each the route number, weighed at the certified scales allocated to the unloaded on the loadwithweight percentage prepared records and allocation, and before entering Jurisdictions) from 000rr and prep e Jurisdiction of origin. the facility. which the material p ocessing. allocations was collected from, Name of Facility. O'bil,vt (^ rvl �ti l . ky, Address: (/� 2,2 �l ' • (� L r..e..h....u• �S }4� � tri �'b f ��1T Materials accepted: Materials rejected: Methodology used for allocating materials or determining Jurisdiction of origin of its waste stream, including disposed residue. Check all that apply. o A waste characterization is conducted to allocate each type of recovered and recycled material and all process residue by weight. Im 0The materials are o Each outbound then delivered to o Each vehicle is the processing area weighed at the where all materials certified scales are sorted and and a tare weight processed for is captured. optimum diversion. Im o All residue o Each outbound materials are commodity weight tracked based upon is collected and the waste reconciled with the characterization waste and allocated to the characterization appropriate for the facility.. jurisdiction 145 Name of Facility: ��elGi a(•'keon- RECYCLABLES Address: '--Z:)Z �:O , a i -- (if applicable) '"'' 11 '' Tel hone: Materials accepted:,{.''D1 Materials rejected: �'jt"Z,eLalL'> ,,j%`h D The materials are o Each outbound in All residue materials are Methodology used for o Awaste characterization will ❑ Each vehicle is then delivered to commodity weight weighed at the the processing area is collected and tracked basad allowing materials Or provide for the certified scales where alE materials reconciled with the upon the waste characterization determining jurisdiction of origin of its waste stream, allocation of each and all materials byis and a tare weight are sorted and waste captured. processed for characterization and allocated to Including disposed residue. Check ail that apply. weight, optimum diversion. for the facility. the appropriate jurisdiction Name of Facility: eNL'Zt . GREEN Address:'��i t� . CrICA i2c ;1k1 C� WASTE j/(t Materials accepted: Tal hone: til('y� Materials rejected: — li4c5k..i �ti G4'G�G �'� t'l n` WI for o Green waste o Each load of _ ❑ The facility vriil ❑The green green waste use the green used Method materials allocating materials or materials will be collected and waste wig be delivered will be waste as hauled from the allocated based Alternative Daily determining jurisdiction of origin of Its waste stream, transported In the truckdirectly to upon tare weights (ADC) the facility. mC Including disposed residue. same manner as on tons delivered, progra Check all that apply. solid waste. Name of Facility: BULKY Address: ITEMS Telephone: Materials accepted: Materials rejected: Methodology used for allocating materials or o The facility will record all bulky items c All materials recovered are ❑ The facility will report all materials based allocated based upon weight and detemtlning jurisdiction of deliverer) and upon the jurisdiction of generation. jurisdiction of generation. origin of its waste stream. recovered, including disposed residue. Check all that apply. 'IICC�t' Name Of ELECTRONIC Address: i 2•'7T {�C r,;�'"7u'l C'. r Z' ti t t')t` t �i . C T23 WASTE �i�2'•-�1 1-D t;'d- Telephone; ateaccepted: Mnals Materials rejected: 145 Methodology used for ❑ All materials recovered under this allocating materials or a All electronic weight are weighted and allocated per commodity program are recorded and reported determining judsdicdon of type and weight. back to us and the State of origin of Its waste stream. California including disposed residue. Cheek all that apply, Name of Facility: CONSTRUCTION AND Address: DEMOLITION DEBRIS Telephone: Materials accepted: Materials rejected: Methodology used for o The facility will o All materials recovered are allocating materials or record all CdD aThe facility will report all materials based allocated based upon weight and determtoing jurisdiction of delivered and upon the jurisdiction of generation. jurisdiction of generation. origin or its waste stream, recovered. Including disposed residue. Check all that appy. - pl .Name Name of Facility: FOOD Address: WASTE Telephone: Materials accepted: Materials rejected: Methodology used for allocating materials or D The facility will record all food waste o The facility will report all materials based o Ail materials recovered are allocated based upon weight and datermining jurisdiction of delivered and upon the jurisdiction of generation jurisdiction of generation. origin of Its waste stream, recovered. Including disposed residue. Check all that apply. Name of Facility: OTHER (please specify) Address: Tele hone: Materials accepted: Materials rejected: Methodology used for allocating materials or determining jurisdiction of origin of Its waste stream, including disposed residue. Jame of person signin fol m: i It t�'�?' 5 V 1 JZL" Title: (16V'A ('('' � Z1'ftjA' 7ui�� T 1%alAWI` ;igned / Date: 72 PAGE 3 OF 3 146 �5 PW=20, Coltectto€'r Vehicle Information Form PW -20 included with this proposal, lists vehicles currently in operation for the proposed service areas. We have purchased and will implement 59 new LNG/CNG collection vehicles throughout the County of Los Angeles prior to the commencement date of the proposed franchise agreement. As a result, more than 50% of the fleet servicing the Unincorporated Area will be alternative fuel (CNG/LNG) by July 1, 2012. We will provide an updated vehicle list detailing proof of conversion upon commencement of the agreement and on an annual basis as part of contractual annual reporting requirements. County of Los Angeles -February 2012 147 � § � � § m \ ! | a ) 14�) J= ISO c 151 wwl Aco4 CERTIFICATE OF LIABILITY INSURANCE IIIJ2013 "617/2 imams= OES NOT AFFaUNAT1YELY OR EGA7 VEI.Y AMEND, E%TEND OR TER THE CEON THE YTSSERTIFlCATE OF INSURANCE DOES NOT CONSTTIUTE A CONTRACT BETWEEN IVE OR PRODUCER, AND THE CERTIFlCATE XOEDER.dIa cerGOWa Muter b an ADDITIO y4 �NSUREOro P9ScY8�n+oD �M��nantlilbns W the poilcY, nwWn pot q' � _. rml A p YIY YIY ANY AUTO AUTSrMED HIRED AUTO$ MCS -90 11943667 COUNTY OF LOS ANGELES DEPARTMENT NT OF PUBLIC WORKS LO XOA BMAVENUE HAMBRCAS NOT APPLICABLE ©!A 1/1(2012 111112013 1/112013 1111203011 %112013 1/1/2013 SHOULD ANY OF THE ABOVE DDSCRISE9 POLaaS Be CANCELLED BEFORE ATHE ��T*m DATE THEmaoc, NOTICE COORDARCEW "TRE POLICY PROMS""' BE DELNERED IN ®1888201 The ACORO nama and logo aro m9tatared marks of ACORD 152 Bond No, LPM9074394 EXHIBIT H BOND FOR FAfTHFUL PERFORMANCE Annually Renewable Performance and Payment Bond KNOW ALL MEN BY THESE PRESENTS: That USA Waste of Califo la Inc., 1970 ast 213th Street Lon Beach CA 90810 innuretv"1. are held and bound unto - - which sum, j dollars for the payment of Fe Principal and Surety bind themselves, and each of their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. s entered into a contract with the Obligee entitled (Title) Non -Exclusive Commercial Solid Waste WHEREAS, the Principal ha collection Franchise Agreement for the Uninco orated Areas of the County of Los Angeles. (the "Franchise Agreement') for the performance of the terms, conditions, covenants and obligations and services set forth in the Franchise Agreement, including but not limited to providing Franchise services in bins or dumpsth i and roll -off hisboxesAg the unincorporated areas of Los Angeles County and payment of the applicable franchise fee; and payment of any liquidated damages assessed pursuant to the Franchise Agreement; and WHEREAS, the Franchise Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein; NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the Principal shall well and truly perform each and every covenant and obligation in the Franchise Agreement at the time and in the manner specified in the Franchise Agreement during the term of this bond, and shall reimburse the Obligee for all loss and damage which the Obligee may sustain by reason of failure or default on the part of the Principal, then this obligation shall be void, otherwise it shall remain in full force and effect. PROVIDED, however that this bond is subject to the following conditions and provisions: t. This band is for the term beginning 077012012 and ending cnnnnt3 . ce of the se eement e term 2 In the this bond, the Surety shall be liable )onlin y for the los m o the Obliges due tordamages uals descritr d in Section 15 of the Franchise Agreement The Surety, after Investigation, shall with reasonable promptness determine the amount for which ti may be liable to the Obligee as soon as practicable after the amount is determined, and tender payments to the Obligee to secure substitute services, remedy damages incurred, arid ensure satisfaction of all performance obligations as set forth in Section 15 of the Fa�hi to e Agreement and only for the purpose of enforcing such Franchise Agreement obligations as they pe this bond. iges as defined in Section 17 of the Franchise AgreementL 3 o claifor a claim for m, ensatory damc action suit or p oe eeding, except as hereinafter set forth, shall belhad or maintained against the Surety on this instrument unless it be brought or instituted and process served upon the Surety within two years after the expiration of the stated terms of this bond. lacement bond in lity 4 the event ofenon-renewal, l by the shall Itself constitute loslure or sbythehObliges Principal ablepunder this bond, notwithstanding any language in the Franchise Agreement to the contrary. 5. The bond may be extended for additional one-year terms at the option of the Surety, by Continuation certificate executed by the Surety. 6. The liability of the Surety under this bond and all Continuaton Certificates shall not be cumulative and under no circumstances shall the Surety's liability exceed the penal sum stated herein. 7_ No right of action shall accrue on this bond to or for the use of any person, entity or corporation other than the Obligee and this bond cannot be assigned to any other party without the written consent of the Surety. 8. Other than the Surety's right to renew this bond to extend its termination date, the Surety stipulates and agrees that any change, extension of time, alteration or addition to the terms of the Contract, including alterations in the work to be done, or increase or decrease of the material to be furnished, shall not in any way release either the Principal or Surety, and Surety hereby waives not" of any such change, extension of time, alteration or addition. 153 EXHIBIT H 9. In the event that suit is brought against this bond, the Surety will pay, in addition to the penal sUm herein, costs and reasonable expenses and fees, including reasonable attorney's fees, as awarded and fixed by the court. Signed and seated this 7th day of lune , 2012 BY:�0✓% pA (Seal) BY: Stephanie Wiggins, Attorney4n-Fad Jer) Name a� TItle RLL Ad( Theresa Gardner Witness -as to-Princioal Name and Title APPROVED AS TO FORM: JOHN F. KRATTLI County Counsel 2 im CERTIFICATE OF ACKNOWLEDGEMENT OF PRINCIPAL State of TEXASI County of HARRISI On this Z day of June, 2012. before me personally appeared Stephanie Wiccins , to me personally known, who being by me duly swom did say that he/she is the Attomev-in-Fact of USA Waste of California. Inc. and that the seal affixed to said instrument is the corporate seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation and that helshe acknowledged the Instrument to be the free act and deed of said corporation. Given under my hand and seal of office this 7"' day of June, 2012. SEAL `— DONNALw14,lAA1a Notary Public in and for Notary Public I The State of TEXAS STATEOFTOW My Commission expires: 08124/201 My COMM 90,o&2MZpr6 Aon Risk Services Southwest, Inc. dbe Aon Risk Insurance Services Southwest, Inc. CA License 0559715 CERTIFICATE OF ACKNOWLEDGMENT OF SURETY State of TEXAS County of HARRIS Before me, the undersigned authority, on this day personally appeared Jennifer Copelani. known to me to be the person whose name is subscribed to the foregoing instrument as Attorney -in -Fact of Fidelity and Deoofiit Comoanv of Maiand.ryand acknowledged to me that helshe executed the same for purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this 7L day of jlym, 20JI � SEAL„rc N s Notary public In and tor STANbryPUM The State of TEXAS OF TEW MY Oc"ft Grp. W24 -201s My Commission expires: 08/24/2015 155 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,� E. ANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPcorporations of the S ary S. o hereby certified to be Vl, Section 2, of the By -Laws of said Companies, which are set forth 59 a A RROp Wendy W. in full force and effect on the date hereof, does hereby nom' heiress GARDNER, Wendy W. STUCKEY, Lupe TYLER, Lisa A. WARD, R a awful agent and Attorney -in -Fact, to COPELAND and Nancy THOMAS fj its act and deed: any and all bonds and make, execute, seal and de'a xecutors, Community Survivors and Community undertakings, d th x Guardians. and th x 60 0 dettalrings in pursuance of these presents, shall be as binding upon said Companies, as fully to I tents and purposes, as if they had been duly executed and acknowledged by the regulazly elected ofTi�Compa ry at its office in Baltimore, Md , in their own proper persons. This power of attorney revokes that issued on behalf of Michael J. HEAROD, Wendy W. STUCKEY, Lupe TYLER Lisa A. WARD, Roger SMIDDY, Margazet BUBOLTZ, U. Theresa GARDNER Nancy THOMAS, dated September 17, 2010. The said Assistant Secretary does 3teretry certify that dte exaact set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice President and Assistant Secretary have hereunto subscribed their names and and the COLONIAL AMERICAN CASUALTY oAND SIJRETYIICOMPANY, this 3rd day of No ember, OA D� 2 RI I.LAND, ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY *FV eW fri M �� wn. Gerald F. Haley Assistant Secretary Frank B. Martin Jr. V ce President State of Marylandlss: CityofBaldmore f On this 3rd day of November, A.D. 2011, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severalty and each for himself deposeth and sail that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ,gllillpl,� d1 NI„l�S�,, it t iY' ti/' Maria A Adamski Notary Public My Commission Expires: July 8, 2015 OA -F 168-7375A 16 POWER OF ATTORNEY ][moi®WN ALL MEN BY THESE PRESENTS that each of the entities listed on Exhibit A� attached hereto (individually, the "Corporation"), has constituted and appointed and does hereby constitute tar Margaret Buboltz, Jennifer S. Copeland, lvlichael J: Herrod, Wendy W. Stuckey, Nancy Tbomes�iupe Tyler, Smpheuie Whittington, and Stephanie Wiggins of Aon Risk Services Southwest, Inc., each its true and lawful Attomoy-in-fact to execute under such designation in its name and to affix its corporate seal to deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to wit: i. Surety bonds to the United States of America or any agency thereof, including lease and miscellaneous surety bonds required or penuitted under the laws, ordinances or regulations of any State, City, Tgwn, Village, Board or any other body or organization, public or private. 2, Bonds an behalf of contractors in connection with bids, proposals or 'l'toregoIng l• 91 .1 .be affixed.to 1' .1 •1 �J: , • 1, •,• i•1 ••1 IGI direction of any officer (or any designee of any such officer) to w=ute and deliver. any such bonds. 1 'J :1 :la �.:, •, 1'1.1' 1 :l, •. , t•411 :1 1 .•,• 1• 1 , 1 , =1" :q _ 11 • 1 11 11 1 1 „•„ •• certificate bearingsuch facsimile.LI :1 1orhaostmilevalid :1• I)Inamg upon Corporation whensoaffixed, IN e Corporation has 11 WITNESS111.':1. :..11 ,11 •,'caused 1-:•il'.vvj day this Witness: Cede C. Rice Vice President, Finance and Treasurer Revised 17Jtera9 157 EXHIBIT 2 (Annexed Area) EXHIBIT " 2" �- Page I of 40 I A O EXHIBIT {{211 lLEG_ALD. ES=TIf3RT _AMINEXATION N0.2010-10 To TEE CITY OI' SANTA CLARITA °coDp> x ONEN That _Portion of the Rancho Sari _rancisco in the Counry of Los _Angeles, State of I California as shown on map recorded in Book l pages 521 and 522, o -F patents, in the office of the County Recorder of -said county described' as f621O*A3: ' 3eg;n—;ng at the POjnL OT_ 1nL'crSBCL!Dn Of h6 ^Snt�*1132 O' Copper H ll Drive with the centerline of Decoro•Drive as ShOv:n• O'1• -map 0- _Tact No_. 45202 filed in Boon !25.6 ?ages 9 t=ough 12 inclusive, of Maas,. in 'id Office of th.'e Cou ty Recorder, � 5a.i.d '7Di=t beiTig oil a curve, 13. said: arl i•ta = �7 Drivel '" v" 'erl 2iavl- I of O COvoer„ 1 ,D__v Er, CO1Qave Aortnr,=sa� _y _-�. __g z r3 i•S 750. DD -feed ' a 'radial line, through said point be --=s North 33° 12' n 6" West, sail- L, point also ae-ng an angle Point on:he boundary Oi tne.City Di Santa Clan=` a as the'same existed on DCtober 14r 2010; thence' (Cl) leaving said bo--ndary of the City of Santa Clarita and northeasterly along said.canterline of Copper Sill Drive and said curve and along the centerline of CoPPer Sill Drive as shown on Trap of Tract No. 48202-.0,8 filed in Book 1257 Pages 55 through 61.1 c2u3lve, of said Maps through a central angle of 27°05'20" as arc distance of 62 -7.38 rest to, t1z.,point of intersection of last said centerline -with the northwesterly prolongation. Of the northeasterly lige of Dot 37 of said Tract No. x8202-04; theace (L2) radi•=_1 to said cLve and along said prolongation and along sail northeasterly line South60°18106" Fast 127.°0 feet to an angle point. therein, thence (�3) along the iiorthwesttily line of said hot 37 North 3V416119' East 1573.51 feet to the most easterly corner of said Lot 37 also being :he X:\PD4aZ7\WO?+J 7005\i<567W5\?.%FDBiTS\B0�0 'cY3IBTT5\B�51 N??3iZ8T0'. '•At71Aex 2010-10 r^.MDOO s • EXHIBIT "T$ Page 2 of 40 { '„ n'b.rtilerstexly come= of Tract No. 48202 -OS as 'shown on map .filed in Book .24g Pages 24 through 33 -inclusive, c= szideps;'thence (14) along .the gene=al.easzerly bo,lndary' of said Tract No. 46202-05 the . following 25 coux5as, 'South 15°49'58" East 204.97 feet,' thence (LS) South 49°23'06".E35 74.35 feet; thence (L6} south 14°0'1'34" West 77.56 feet; thence (17) North 83°05'11" West 77.10 *eet; thence (LB) South 64°35'06" Wesc 80.82 'feet; thence (i9} South 099261'04" West 78.56 feet; thence (110) South 35°50'33" East 50.72 feet; •thence (111) South 72°$6122" East '60.99 feet,: thence (112) BoUth 69°33'39`• East 5$.92, feet; t'_^Ce (113) Scute 36°38'59" East 61,98 =est, th=ice (114) South 14045'02" east 56.66 feet, thence (L15) South 07'42'25" East 73.95 .feet; Lane (116) South 1602113611 3ast 86.43 feet; 'thence (117) `S'ou'th+."05°08' 45" East 133.63 _est; =hence, asp 76.93 feet; thenCe ' _ (Ll9') South 03'03157" West 126.63 feet; thence (120) South -29°12'1371.- est 41.03 fee -s; thence . (L21) South 52°42143" West 41.79 feet; once (122) South 43033128" West 59.61 feet; thence . (s,23) South. 09°2i'OS" West 182:50 feet; t Ence:, (L24) South 26'39'S2",East•45.35 feet; the " (L25) South 41°05'24" East 66..03 feet; thence (L26) South 33°04'43" East 128.67 feet:tnence (127) South.27°13'33" East 35.05 fest.; thence , (L26) south 05°54'53" East 362.09., feat to as su g1E point- in the ersterly line of Lot 10 of said.Tiact No. 48202-05; fence"• (129) along said.ersterly line -and its prolongation' South•. 02739'35" ln'est 49.45 feet to a point of.intersectioa With the center3ine of Decoro 7rive. as snoim on map of Parcel. IJ1ap No. 24981 filed n Bod7c 28$ pages, 51 �"�' •DOC Y,:\ADN'M\WMD DOC&\LBGALS\ET.S=EDT5\80DD i0l-B:TS\6551-CO?PD3ST01gk A,=BC 2010-10 1 �1 I I 11 f 'i Containing 68.86 acres, more or less, TOO K NO.4652 . Of X:\ADHIN\w0SD DOCS1":XCALS\-:.}3I3ST6\8000 Z=-X?1TS\6551 COMWT0}Ml ANFEK 2010-10 zM.DOC EXHIBIT Page 3 of 40 -- 'O3or40.00-'feet (131) along said boundary North 02,.,.3Jrr an 40. D0 meet to aangle - - _F g'oint therein; thence (132) continuing along said bousdary,.North•87'20'25" West 69.49 feet to an angle aoint there 32 thence (2,33), continuing along szid.boundary North 87°21'30" West 128.32 Ener to the beginning of a tangent curve concave northerly having a radius of _2560-00 feet; thence (C34), westerly along said bou_dary, and along last -said curve and .along i the' northerly line of said becoro Drive through a central angle' of , . 18°311DD" pn. arc d stance of 827.33 feet to an angle point in, said boundary;' thence .. (L35) along said boundary and rad -1 -al to last said curve South .21°09'30". vest 40.00 =eat to all angla point.there on the esntariina of said Deco=o Drive ' also being a point ' at the begipn.'ug of- a curve concave. northeaster.'y h2v=^g a rcdi.115 c= 2600. OD feet, t0 i+?Lcn 1^St srid COiL'et .. is radial; thence -". .. (PA)_._?o=th7%q,esterly along said boundary and last said curve and along ' • .. i r r Drive- through h cent_a °t r -^n said-.- cenia_lae.. of Decq_o 7 „e � oug_ a •..__t e_ angle o= 30 6 0� an d arc distance of 1396.80 feet; thence M37) along said boundary and tangent to last said curve -Mor=e. 38 ° 03' 38" -West :92.97 feet to the point of.beginning. Containing 68.86 acres, more or less, TOO K NO.4652 . Of X:\ADHIN\w0SD DOCS1":XCALS\-:.}3I3ST6\8000 Z=-X?1TS\6551 COMWT0}Ml ANFEK 2010-10 zM.DOC • o� I 6 i ~ W 66 a Y 6e III H w0 nI ` a 'Y,e . ry ,j •y�� g� il CD .. .. . i ..•bl tl I � JI g �i '• I• -� I Ill ' '•� Pte.. � _.._ , ob ¢ $ 4 4v0' aha ff o =9a"sF i 's s -"rim ''c y~ ' met PRWFPF ol NJefi I SIF Ih ww 14 0. g► i '_ r ; ¢. 1 o , p 1 I I Ii z o.. a I 1A 6 R EXHIBIT "2" Page 5 of 40 EXHIBIT "2" Ali' NEXATION'N0.2011-a3 TO THE CITY OF SANTAARITA "ELS_MLP�E CA7trymN" Those' portions o£ Section 7 and Section 18 in Township 3 North, Range . 15 west, and those portions of Fractional Sections 12 and 13 in Township 3 North, Range 16 West, San Bernardino MericLan, - all according to the official plats thereof, in the unincorporated to rr'i tOrY Of 'the County O£ LOS Angeles, State Of. Cal:ifornla togetaer with that•obrtion of. the Pzncho San Francisco as shown on map recorded in Book 1 Pages 521 and 522 of Patents, ;n the o==ice of the County Recorder of said Cou-1tv described as a whole as follows: Beginning at the east qua=tar COrner Of said 3ectiOn' 7p said. Co sler being a point on the boundary o_ the City of Santa ClarltaL as the sale existed on January 11, 2011; thence (L1) leaving said boundary and along the easterly line of the southeast quarter of said Section 7 South 00°59'21" incest 2905.83 feet to the northeast corner of said section 18; thence (L2) -along- t -'he .r_ortherly line of the northeast quarter of said Section 18 North 89028'32" gest 1083.57 feet to the northeasterly corner of the northwest quarter of the northeast quarter of said Section 16 as - described in Parcel 4 in deed -to said City of Santa Clarita recorded. 'October 29, 2010 as instr meet no, 20101552982 bf Official Records; in said office of the County Recorder; thence (L3) along the easterly line of last said northwest quarter o£ the northeast quarter and along the easterly line of the southwest quarter of the northeast craarter of said Section 18 -as described in Parcels 3 and 4 of last said 'deed South 02004'59" nest 2607.54 feet to the. X:\ADffi8\AORD DOc5\L :GALS\5X825=^_'5\80D0 EHILBrTS\6560 EX8 ELShhMRE Cr mm, Doc ' EXHIBIT 66211 "--- -.. Page 6 of 40 l ='4 southeasterly corner' of .said. southwest Quarter of the .northeast S T( 'quarter; thence (L4) =_long the south line of the northeast quarter of said. Se�tion.'18 South .89038153" west 1220.49 feet to the southeasterly borneof the northwest quarter of, said Section 18; thence (LS)' along the south line of last said northwest gs3rter South 8903B'S3" West 25=8.87 feet to the west auar-er comer of said Section 18; thence' •(1:6) along the'south.line-of the northeast auartar o_ said Fractional Section 13 North 86039715' West 973.29 feet to a., point on •"he. centerline. of the tesoue Dalley Freeway (State Highway 14),.'also beng a'peint on the boundary of the City of Santa Clar_ta as the sane.. e istzd on Janua_-v 11,.2011; thence (L7) along said oenterline and along .last said boundary North 18°56'51` East l2B.B6 met to the begun=ng .of a tange_r.t. c:=7ve concave westerl_y'having a radius of 3500.00 feet;• thence (CB) northerly along'said cent=erline and along last said boundary and .. said ._.Curve -through a cenisal...an>gle..,,o ...3a°5529 an arc .distance 0 : 2136:48 feet; thence (L9) continuing along said centerline and _last said boundary and tangent to said cu ve North 16°01'38" West 1908.77 =eet ;to the beginning of a tangznt curve concave easterly having a radius of 3000.00 feet; thence (C10) continuing. northerly along 'said canterline and last said boundary and last said curve through a central angle o.f 40°52'22" an arc distance of 2140.99 feet; thence . (b11) continuing along said centerline and last Said boundary'and tangent to last said cur'ce north 24°50744" East 645.22 et to, an. angle point in said boundary of the City of Santa Clarity; thence (L12) .leaving said centerline .and along last said 'boundary the following 7'courses, South 89°09'09" east 872.20 feet; thence "(L13) South 83022"14" East 1285.70 feet; thence (L:L4) South'.00°28`3i",East, 3°x.97 feet; thence X:\ADAuM\7v0?V D0CS\T+ECFSs\.X41B1TS\8000 MRIBITS\8560 ma msmm CYN 7NIR X -Mc a •i; I I :. .. _...... EXHIBIT 2 Page 7 of 40 (L15) South 89007'A6" Fast 1291.28 _set; thence _ 'N •(1.16) South 89°07'39" East 1268.02 feet; thence • (L17) South 00°36105" East 652.49 feet; thence (L18) South 89009154" East 1250.57 feet to the point of beginzzii.g.', Containing 806.52 acres, more or less. Ni NDD..4552.VGI�,',' I IL Zf i • 1 i I i X_\ED=\ O-RD +DOGS\wGLZS\E=B=T5\8000 mm:B--M\6350 ME zisLP,t'2�-`. mm ;=Ex.poc I i 1 y gig in in in On Big 33 6 saI P,g v in ' .. 88e'$S�$F S $ $g�.� yP '1'�i 4.� 3°.qS a Q � '�i�5TCK 9• . pip - in - '9I� _ -i•� �. r.$µ "...�...5'/Yn U S1M1tld 30 iL5—lZ4 >7d `l NDDB 005I0fA,:6, Nd5 DHDhtla J 111 HOIND' ,•e A. EXHIBIT "2" LEGAL ANNEEXATIONT N?O.2411-22 TO TEE CITY OF. SANTA CL44FTTA NORTH COPPERHILI° EXHIBIT " 2" Page 9 of 40 Those .portions of Sections 5, 6, 7 and 81 Township 4 North. Range .15 West and those portions of Sections Land 2, Township 4 Northr Range 16 West and those portions of Section 31, Township .5 Northr Range 15 West and those 'portions of Sections 35 and 36, Township 5 North, Range '16 West, 'all of San Bernardino leridL= in the County O_ Los Angeles, state.of'Califo_rnia described as followsc. BeginniSlg at the northeast corner or said Section.6; thence (L1) along the east ! e of said Section 6 South 01049`09" ya5t• ..• 2321.68 feet to a point on the cent=rline of .Bouctaet C=Tybn Road as . .. ! �h&;nt ---bt ','c5f 'Tract Nom' - 35157' `:fled im Book '10.05 L.8 to 55 - Pages inclusive, of Maps, in the office of the County Recorder. of said County; thence (12) along said centerline South 50°53156" West 320.18 feet Co a P0 3 -12'r on the north line of the southeast quarter of said Section 6; thence (L3) along said •north line TTorth 89°47'35" East 254.85 feet to the northwest corner of the southwest q-aarter of said Section 5; thence (14) along the -north line of said southwest quarter of Section 5 South '89°07'07" East 1272.62 feet to the east line of the northwest giarter, of the southwest craarter of said Section 5; thence', (15) along .last said east line South 02018'54" West 1315.34 feeti, to the south line of last .said northwest quarter of the southwest quarter; thence . (16) along last said south line North '8s°58'38" West. 1176_06 feet to he northwesterly corner of lot 170 -of Tract No. 46268 as sh'cwn,on map riled in Book li41 pages 1 to 12 inclusi7e,'of said Maps; t1pence , X:'\PDB\SPO.^'+D DOCS\sCaS�S\x'.XF..iBrTS\B000 �I�?35\8582 5X8. DOC \ , , :L 1 7) along the southwesterly and nor thwzster3y lines o- said ioL-� -- ° 1 ". East 14'.73 ,feet; thence as follows, South 01 0_ 22 g ° 4 ' 19" East' 334.06 faet; 1 ence' (L8) Sourh 6 7 (L9) South 56022151" East 117.00 as then¢e (L'10) South 60059137" East 697:63 feet; thence p m ' (L1l) south 2703910 y 9" We 367.49 =dEt, thence = ine 'ot said. (412) S78°5548t 159.84 feet to the outh west " Wesr_ Lot 170 on the nOxthEasterly line of Santa Catarina Road as snOD71? on said nap of Tract :No. 46268 and as .shows! onap of n Tract No. '46269 i nce =fled in Book 1239 pages 50 to 61 .inclusive of s�ido�iaps;rrL ge st 82.05 {L13) along last said.norzheasterly line south 07 50 0- et.to thebegi='ling of a tangent curve concave northeasterly. having r thence m - a'm 4us o_ 468.00 fee ; nDxL^-Bd3tErly line and SOLt_hea.$�-er'1V .i (C14) continuing along last said 29'^9`26" a -a along last said c,„ ve . )Iro`�.gh a central a _3 or �= distance of 243:61 feet; thence . i last sad-- northeasterly y=ne and tangent to . ..._� ('.��•)..—coutimu:=Ing along i 37°4D"11" -6'bL 69.60-f2'eT. t0 tnt^"n0 �nweetex±V' . . lafC . Sald ciLTT� Sou.L-_ co—•eT_ of Lot 116 of said Tract No. 46269; T_ pf. Said LOT. 116 North 7B°56'48` (L16) al ong the northwes terl v line=; Tract NO.. 46269: _= to the noxtheasLErly corner a= s.d East 141.34 xe_� thence46269 as follows, (L17) along the Eas`exly line of said Tract No. south. 2804430" East 341.35feet; thence' (L18) sough03'i m °�126" mast .6D. D0 feet; thence (L19) South 09°38'05" East 66.58 'eat; t-henae (L20) South 00024'16" West 192,.94 feet to the southeasterly Corner of ' Lot 108 of said Tract No. 46269; thence last'.said easterly lire to' (L21) South 18033129" West 64.00'feE6 along an angle point therein on the r_orthEaSterlY line 'o'f Lot .107 of said Tract No. 46269'on a. curve concave southwesterly having xa3ius. oi; 318. 00. feet through which 1?s;u said course is,r'aciia];'thence. x: aor=a�w6av nocs� r2ns\-tx s- s a000 azs a>sz sx.ncc.; ;tw x. \�.neax\wow co:s\zacals\Y3.'L•'--8=2£\6000 EiC;Z>ITS\8582 SX?-D� \ \ v s.a w ' EXHIBIT 642„ Page 11 of 40 �I AC22) southeasterly along last said curve and along s=_ a no= �heasterly - 13ne through a central angle of 1050101" an arc distance of 10.18 feet "to the northeasterly corner of. said Lot-107; thence, „ I. id line of Tract No. 46269 the. ".(L23) ceatinuing -along said easterly following three courses; South 15°32'38". west.156.15..fleet; thence (124) South 22°21152" west 58.16 feet; thence (125) South. 31°31'58` west 165.85 feet; thence ,1126) continuing along said easterly line of Traci No. 46269 and along the easterly line of Tract No. 46270 as shown on map filed .in Book' 1234 pages 40 to inclusive, Of..said Maps as follows r. south .49 38°18'20" west 485.49 feet; thence (127) South 25°11107„ West'.140.33 feet; thence (3,28) South 13°07'35" west 61-44 feet; _=hence (129)' South 07°52146" west 50.51 feet;.thence (11.30) South 07033105" west 174.40 fest; thence (131) South OS°48'54"west 43.09 feet; t'r_=_nce (L32) South 01°33'43." East 345.76 feet to the sou-heaste.rly co=mer oi._... ; act Na. 46290.being a pointe on the iorrtherlg._1_ne of.::. Lot .B o=' said r Lot _� Plum Canyon Road as, shown on said map of _ract No. 4 627 0 and as s>;own on mat of Tract No. 31158 filed in Book 1246 pages 20 to 24 inclusive, OIL said Maps and as shown on map of Tract No. 44966 filed in Book 1140' pages 76 to 86 inclusive, of said Daps; thence . (L•33) South 08026'58" East 50.00 feet to a point on the 'centerline of said Plum Canyon Road being a port on a curve concave northerly having a radius of 3100.00. feet} to which last said course is radial;. -hence ... - (C34) westerl.y•along last said centerline and said curve as follows, through a central angle of an arc distance of 694.89 feet;. • .12050`36" thence (L35) tangent to last said curse North 85036'22" west 445_21 feet`to the beginning of a tangent curve conca—ve northeasterly raving a radius • of 1200.004feet; 'thence x. \�.neax\wow co:s\zacals\Y3.'L•'--8=2£\6000 EiC;Z>ITS\8582 SX?-D� \ \ v s.a w EXHIBIT 642" Page 12 of 40 last said cuT se. and sai Car,: car oy (C36) nor_hweste_ly along ' F:s Canyon Road through a, central ang_ e of 33°12' 3D" an" a c dl stance o 695.51 feet; thence (Z,37). tangent to last ' said curve and along. last said cer_terline of ?ltm Canyon Road .North 52°23'52" West - 273.9h. feet to the northerly. term7.'Lts of that course..shown as North 37°36'08" East 3,94 .feet (D2) on said:map o: Tract No. 44966; thence (L38) along last said course South 37°36'08" West 3.54 feet ,to an angle point in the. boundary Of said Tzact No. 44966 and an. angle Po inc in the boundary of :the City of Santa Clarita as the same existed on may 10, 2011; thence (L39) along said bounda=3 of the City of Santa,Clarita Nortn 49°,12'3D" West 15.04 reel LO. t_e beginning Oi a. tangent Curve COACave 0.00 ,to -_y hav nga radius of 200 (C40) continuing along said boundary Of the City df Santa Cla ita a.iOng the f011Owing COLrs?.3 and Cll-T'vess `no''thwasterly along last Sal, . . cu"ve through a central angle of 16°55'51" .an arc distance of .591.OD - ca^.66,-. thence _ .._. -ean t-0 the southwest=r_y corner .of said.-'jract .No_ (L41) ?North i6°32'26" East 243.20 feet; thance. (Z42) Nor',. -h 160400'_416n East 60.00 feet; thence . _ (143) North 73010'14''•" -Vest 37.50 feet; thence (Z44) Nerth 16°49152" Bast 127.21 feet; thence (L45) North 88°26'06" West 2B.00 feet; thence (Z46) North 040DV 54". West 104.41 feet; tbence (147). North 05°29'16" West 64.00. :feet to the beginning of a non- tang==-nr t curve concave northerly having a adius of 468.OD feet tO *h ch last said course is radial; thence (C48) westerly along last said carve th=ough a central angle or 00°18'22" an arc distance Of 2.50 feet; thence (Z49) non -tangent t6 last said cure North OZ°OD`16" West 183.57 feet; thence (Z50} South 89°07'8" East 36.60 =eat; thence P. (Z51) NortL 79°06'57" Rast.81.07.feet; thence. (152) North 72°47`10" East 82.4B feet; they X:\e17yT-7\CORD DOCS\iSGA35�&1CG�iTS\BDDD 38E3ST5\BSo2-+DOD \ wr EXHIBIT "2" Page 13 of 40 5' (L53) North 26°581324f. West "!05.08 feet .to a po rt on a non--angent ». torte bo nor hwesterly having a radius of 230.00 -feet, . a radial , line t sough last said point bears North 26°49':5" West; thence (C54) northeasterly along last said curve through a central angle of 15051148" an arc distance of 63.68 feet; thence {155) radial to last said cue North 42°41'03" West. 60.00 -tet; cicurve thence . (L056). North 43°14154" West 155.3B' feet; .thence (157) North 22°23'31" West 120.88 feet; thence (158) North 07°40'37" West 343.94 feet;. thence . (L59) North. OD.010'01' East 251:00 -feet; thence (L60) North 25°44'30" East 1148.04 feet; thence (L61) North 02°16'50' East 131_6.37 feet; thence (7162) South 89°'-'7135" West 778.83 -"=_et; thence (L63) North 00'08'41" East 1350.83 feet; thence (L64) Borth B9034'15" West 600"00 feet;., thence _.... (L65) North. 89°32'51" West 1009.75 feet; thence T 66)- South "03°58-'.47"West 893.37' feet; ^.ence (L67) continuing al ong_sa=d City boundary South 66029'31" West 89.98 feet to the beg -ring of a t=—gezt �� e concsve northerly hating a radius of 1500.00 feet; thence (C66) westerly along last said curve through a cetrzl argie of. 54°47104" an arc distance of 1434.25 feet; thence (L69) non-taiigent to last said curve South 00°16153" East. 540.98 feet,'. thence (170) South 00°15127" Last 264^_.81 f=_et; thence (L71) South 89041116" West 500.31 feet; thence . (172) North D0016104" West 555:00 feet; thence (L73) South 89°41'16" West 826.5A+ feet; 'thence (L74) South 0016121" East 555.00 feet; thence (175) South -.89°41'16' West 1179.60 feet;.thence (176) North 11026'31" West 1-44'.73 feet; thence (L77) North 09°41'54" East 593"B6 feet; thence ' (L78) North 26°22'18" West 95'.23 eet; thence X: \t'.DPiS\WO'4D 000 EX2ISITS\8582 3Xa.Doe v n vM :L a EXHMIT 6.221 Page 14 of 40 y`5 ZJ79'). North 10°10'25" East 551.01 feet; thence ''. (ZB•0)' Nosh 89°32'43" west 360.48 fEet to a point at the begin s_izg o= a non -tangent ct+ .ve conezve westexlp 7Yaving z radius o= 1540100 feet, a. radial line through said point bears North B5°14'50" west.; :nhence ($C81) 'northerly along said curve through a- central angle of 5°27'16". an arc distance of 146.60 feet then= (1,82) tangent to said curve Norr`h 00042'06" vilest 506.63 feet to t}zs belting of. .a tangent curve .concave easterly, having a rac us. of 5240.00 fEet; thence (C83) northerly along last ,said curve through z cent ral angle of 01°55'26"'az arc distance of .175.95 feet; thence (L84) =_agent to last said cu_va North 01'"13'20" East.. 462::74 111 o the beginning ef'a tangent CurvecOnCave sOlit}eas �riy' Ila'ai'ng Z xad_us of 27.00 f. -et; thence - (CBS) northaastErly along last said c=zve through a' central angle ox 89°59'55' an arc distance of 42.4' feet; thence °_ rhan- :asst, 36.32 - ieet; tangent to ,last; said curve South BB 6 _. thence- (D87).1kxth 00°17'49" west 40.01 feet; thence (1tgB) lvox h 88°45'09" west 1661.84 feet to ``e beg' _nj g of a.ta�gent radius o= CL'r'vE COACavE southerly having a ra'i - 1 2OD.00 _est; -hence. (C89) uesterly.along last said care through a central angle of. 20°30'25" anaarc distance of 429.50 feet; thence (L90) tangent to last saidcurve South 70°44' 26" 'west 370.97 feet to the bsgi-;,ng of a. tangent curve cOn.CBVe northwesterly having a Yadius ' Of 18D0.OD feet'; thence ' (C91) so thwestexly along last said curve through a central angle of 28°D3!3l" as arc distance of 881.49 feet to the beginning.of a tangent comp Curve concave northeasterly having a, radius of 1100.00 feEt; thence (C52) rortbwesterly along last said curve through a central a491E .of 24°21'53" an. arc distance of 467.77 feed �hencE (L93) tangent to last said curve North 56°50'10" west 23,5.60feet;, ' thence -T^'\riOxRD .DOCS\I,SGF7:6\+"'K^SB?i5\8000 5sB3'^5\8582 i•DOC v 4.0 4 y EXHIBIT "2" Page 15 of 40 '(194) '^-1." West 1360.92 feet; thence . (i,95).North 00.°26'10" West 2472:24 feet; 'thence r ' (196) North 88034755" mast i264.7B feat; thence (L97) North 06012105" west 1518.70 ,feet to the beginning of ot tangent. curve concave easterly having a radius of 229.05 feet; .thence' (C98) northerly along last said curve. through a central angle ,.ef 02055'53" an arc distance of 11.72 feet; thence (199} tangent to last said curve North. 03°16'12 ".West.f , 1519.17 eet to, the beginning of a.tangent curve concave easterly having a rad>us Of .229.05 feet; thence. (CLOD) northerly along last said curve trough a central angle .of 21038138" an arc distance of 86.53 feet; then (L101) tangent to last said curve North 18°22126" East 277.38 feet; . thence (L102)* South 89°40112" West 1104.39 =_et; thence (T.1 03) South 89°40'05" West =48.62 feet (1104) -South 04025'10" East 116.00 -feet:�o the beg am. of. a-aageat :curve --concave easterly having z'°radlus-as-feet; thence (0105) southerly along last said curve through a central a_rgla of 15'50'15" an arc distance of 110.57 feet; thence (L106) non -tangent to last said curve South 65°54'19" West 123.42. Feet; thence (L107) South 24009452" East 8.42 feet; thence (1108) 'South 66'09'30.`: West 17.44) -set to the beginning of a.tangent curve concave southeasterly hav ng a radius of 380.•00 feet; t"±ence (C109) 6outhwesuesly .along .last' said 61 rve through a central angle of 14°30'52" an arc distance of 96.26 fee'C; thence ,(1110) non -tangent to last said curve .North 39006127'` West 48.45 feet;' thence . (1-111) North 47053150" West 34.57 feet; thence (L112) North 68055114" West 53.21 --feet; thence (L113) South 47'07115" West 31.65 fast; thence (1114) North 44006'22" West 102.12 feet; thence• (L115) North. 34°34`02" West 110.22 feet; .thence a:\AUD=N\L20RD DOCS\TUBGAZS\=;HITS\BODD cMr_-BXTS\8562.s,.`-.DOC %\ r EXHIBIT "2" Page 16 of 40 °. {5116)'souLh 09040'4271 west 76.51 feet; thence a. a..' `(?;119) South 370.03'27" wast 22.78 feet; thence • (jA18y North 51°26'59" west 137.52 =eat',', thence (1i1.g,).'North 84°02'39"'west 59.61 feet; thence ahi•).South 76°5�''le" west -245.10 feet, thence 20' (L121) South 00°06'34" East 519.60 fea-; thence (1122) South 89""27'20" West 275.50 Feet; thence (1123) South 0205VA311 west 81.39 feet; 'thence (1124)'North'67°57'22" Wast•30.00.Feet; thence ' (1125) South 54°45`37" West 29.25 feet; 'thence (1126) North 67°02'10" West 33194 feet; thence (1127) South 87'07'15" West 23.94 feet;. thence . 0128) South 57°56!51" west 31.34 feet; -thence (1129 -).South 31009'3lf' West 75.06 feet; thence (1130) North 760351560" west 118.81 feet; thenca (1.131) North 83°21'51" west 142.75 feet; (11327)-..S.ou1' th.8D8'03" Wiest 240.44 IeEL:'tnence iL133): Sout-.21''48'5,7" Was -L, 36.-69 fee'-_;': ^enca - - (1134) South 23=34121" East 171.00 feet; thence (1.135) South "-4°04'57" West 414.07 feet; thence (1136) South 89°39'57" West 126.55 feet to an angle point in said boundary. of ,the City of Santa Clarita. at t_•he s011" westerly corder, of ' Tract No. 46564-03 as shown+ on reap filed in Book 1227 pages 12 to 17 nclusive, of said.Maps; thence - (1137) Is mg said bounda-y of the CiCy of.5anta clarita and along the westerly line of said Tract No. 46564-0.3 North OD°20'03" west 628.59 feet to an angle point there�� at the west. quarter corner. of said Section 35; thence (12 . (1138) continuing along last said westerly line North 00'19`54" Weser 162.85. feet to the moist. northerly corner of Lot 4 of said Tract No.. 46564-03; thence (1139.) along the aostheastexi_y line o= said Lot 4 South 59°2.0''12" asst 136.25 feet to the most wasteily corner of Lot 5 of said Tract No. 46564-03 also being a point on the general westerly line of the land . %_\?�'+'st4,\t'7'O?YD DOG\LEGz+6\--�3:T5\6000,=3=T5\6562 ZM-DDC •�. s..e EXHIBIT "2" Page 17 of 40 described in deed recorded Novembe-r 307 2004 as instrument no. 04- h. 3•D85167 of. Official Records, in office.. of'sa_d County ,Recorder;, .the thence . .(?,140)..along said general west=erly line the following courses, ,north 22'17145" East :93.42 .feet; thence (L241). North 29°28'59" East 85.89 feet; thence (L142) North 53048"23" East 42.99 feet:; thence (Z34 3) North 22"30134" East 60.26 feet; thence (L144) North 25°05137" West 22.96 feet; thence (L1459 North 29°.04132" East 92.18 =set; thence (L146) North 38°33120" West 2,7.39 feet; thence (1,147) North 04059'09" West 34.35 feet; thence (L148) North 33'D9'17" East 41.53 feet; thence (L149) North 07°33'51" West 37.03 -feet; thence (1150) North 05'36`57" East 51.05 feet; thence (11,1516) 'North 36045155" West 14.43 feet; thence. (L152) North 22'09743" West 46:79 feet; thence .... (1:-53') >\°-tlt 4!'42f -5V- 10.52. -feet?- thence (1,154) North 27'51125" West 67.67 feet; thence (L155) ?north 48°48'01" west 22.84 feet; thence (L156) North 71°05`15„ West 35.76 feet; thence (1157) North 56'32'18" West 17.20 feet; thence (L158) North 02`55'06" West 9.54 feet; thence (1159) North '38°04'32" East 16.20 feet; thence (1160) .North 55017142" East 10.99 feet; thence (L161) South 89'52'52" East 3.1B feet;' hence (1,162) South 48001'40" East 31.06 feet; thence (L163) South 36001'.101' East 15.62 feet; thence (L164) South 70024'35" Fast 16.37 feet; thence (L165) North 68'56'51" East 9.01 feet; thence (1,166) South 84'48'15" East 4..74 feet; thence (L167) South 63'19'A1" East 7.04 feet; thence (L168) North'82'49'21" East 2.16 feet; thence (1,169) North 53'05'15" East 22.35 feet; thence • X_:\?�M�*\HOED �D:S\LSG1T,s\x8I5's\9000_Tsx^as\e562 EXE -Doc EXHIBIT " 2" Page 18 of 40 ;y Iz,170) 1Qortb 73°.48':47" East 7.33 feet; a.. 'tL271) soul} 82020'14" East 59.93 feet; thence (1,172) south-53.94V.091' East 14.97 feet;' thence (L173) South 82°22`•55';'East 44.61'feet; thence (1174) North 39.°0.7'45" East 67..32 feet; thence (1175) North. 73°26'23" west 20.S6 faet; thence (L176) North 27°42'58' west 30.91 feet; thence `(1,.177) North •63°193'6" west 27.03. feet; thence (L178) North 25°"5^28" west 73.43 =Set to .a pgir_t on the. southerly line of 1,ot 3 of Tract No. 46564-04 as shown on Map filed in Book 1248 .pages 16 to 23 ?n_clusive, of .said. Maps; thence ' (LI 19) leaving last, said general westerly line _ and along 'said southerly line cf lot 3 Norte"ic'16'3D" west 355.67 feet uo the. is westerly line of said Tract No. 455564-04; thence (1,180) along .last Said westerly line and the wasteriV lane Of _raC No. 4ri T.� .6564 as shown on filed in. Book- 5.251 Pages 50 to 87 :=c1us_v=t of Said .Maps North 00°19'n4".wes�-1759.79 _eE to th_ northwest corner I; -o= said Sec ion'35;, thence j (L181) along. the northerly line ore northwest quarter or said n � LD Lne nDr'cnw=tet-_ worn Section 35 Soil h.89°41'56" East 265= .06 SS_.0 . of the northeast quarter of said Sect. Or_ 351,-^-Snc� DrtL-Laast S011t3 182) along the' north rly line o-Said n (Li it 'Feet t0 the Porn-WBSt Corner of said Section $9°41 3D East 2653.97 36; thence ' (L183) along the no th line of ,the northwest quarter of .said Section 36 South 69044'51" East 2658.82, feet to the 'north quarter corner of said Section 36; .thence (1184) along-the,.nor-th line of the northeastq_uGrter of, said sac-ion 36 South 89°56'•18. East 2681.67 feet to the nor`uawest coiner of s?'d j Sectio-L, 31; thence i(74185) :along the west line of the northwest quarter of'. said Section 31 South 00'31`38" West feet to `he .northwesterly corner of I . GOvernetl2 LOt 2 in Said SeCti On :31; .='-enCE %:L3D3ts\Yt0.� DOCSUEG-T��S\Fa3_STTS\8000 �..+=3+�5\6582 MCC-DOC.\ j ) EXHIBIT (42" Page 19 of 40 (LI86) along the north line of said Lot 2 South 880.44 East 1228.99 'feet to the northeasterly corner ofsaid Lot 2; thence (L187) along the east line of said Lot 2 South 00035'21" West 1351.91 fast to the north line of the southwest quarter of. said Section 311 thence (L188) along last said. north line South 88°59'.30" East 1319.95 =set to ch='center off. said Section 31;.thence (L183) along tie east line o- last said .southwest quarter South 00035'13" Wast 136.37 feet to the sou'nwesterly corner o= P4.cel Map no, 15813. as shovm on map filed in Book 166 Pages 31 and 32r'of Parcel YE -65, in said office of the:County Recorder; thence ... (L190} along the south lie of last said parcel map and along the south line of Parcel Mar) No. 5827 as shown on map f_lad in- Book. 6^_ Page 17, of said ParcelMaps South 89°14'25" East 2000.71 flee -t to the . west line o= last said parcel map; rheIlce (L191} along last said west line South %DO°28`03" west 737.72 feat -to the south line o= last said parcel map; thence.N _..(11 -92)`a -long last ... said south -lime South 89'29'17" Bast 667.43' aet to the east line of said Section 31; thence (L193) along last said east line. south 00°25'38" West 600.00 feet to the Point of Beginning_ Containing 2472.88.acres, more or less. 5�r14�? X:\RD?aW\WORD BRaI'B1TS\2582 'S%S.DDC ';0 N0465211/.*' Of CIV EXHIBIT "2" Page 21 of 40 ... EXHIBIT «2„ SO i ----. .. F ANTNEKknON NO.2010-08 s= . R . TO THE CITY OF SANTA_ CLARITA (SOLED_�D COivLM02vS) That _Dort16r. of the north half of Section'1B, Township 4 Nortn, Range 14 West, San Bernardino Meridian in the .County of Los , Angeles, State of California described as follows:'. Beginning at the point of intersection of the westerly line of the northeast ou.arter of said Section 18 with the centerline of the _-itelope Valley Freeway (State Highway 1C), said point being on a curve concave southerly having a radius of 2000.0.0 feet, a radial line through said point bears South 07°.14143" West; thence {C1) northwesterly along. said centerline and along said curve through -a central angle .of 'OD°SD'16 an arc distance. of .29.24 feet; thence (L2) along said centerline and tangent to said -curve North 81055'01' West 554.69 feet to the begin-ging Or a tangent curve concave southerly having.a radius .of 2D.00.00 feet; thence (C3) westerly along last said curve• end along said centerline through a Central angle of 18°32'35" an arc distance of '64.7:27 =Set to an angle point in the boundary of the 'City of Santa . Clarita as the Sane existed or October 6, 2010; thence (L�) along said boundary Nor- ,... 03°23'40" West 348.41 feet; thence . _ _ . _ (L5) .'con' ming along" said boundary North. 27°56'30' mast 2D1.55 feet LO a point at tae beginning of a non=tangent curve concacS southwesterly having a radius of 1450. GG feet, a 'radial line through last said point bears North 10025'12" 'vest; thence " (C6) southeasterly _long said boundary and along last said curve. through a central angle of a7°34'39" an arc distance of 1204.06 feet to the. northerly boundary of said freeway; thence (L7) leaving said boundary of the City of Santa Clarita and along last said northerly boundary North 84°12152" West 32.34 feet to. the first above described westerly line of the northeast (quarter Of Section 18; thence ' (L8) along said westerly line South 07°26'53" East 329.96 feet to the point of begin. ing. Containing 13.21 acres, more or less. zwl thmn F: \AD*7_?v'14708D DOCS\LC-A'�5\BYW'3r^_5\800D 5.'4i_THi'PS\8550 SOLr'.DP.D CO3RifOAS R�PN-aL?'PIOCi.DOC: m no 'gi NlYo ul �$ Sp F NfV tm`I � RIiW 5 I m no 'gi NlYo ul �$ Sp F NfV tm`I EXHIBIT 462" Page 23 of 40 EXHIBIT 44211 l AdNNEEXATION N0. 2011-20 TO TEE C_I'IY OF SA TA CLARTIA "VISTA. C.LWON/FAIROAKS / JAKLS WAY Those portions of Sect ons 21, 22, 23, 26,.27, 28, 34, and 35 in Township 4 North, Range 15 West, San Berardino Xeridian together with a porion of Section 2 in Township 3 North, Range 15 Guest,' San Bern_a=d—o Meridian, all in the County Of Los znaeles, State of. California described as a whole as follows: Beginning at the southeast corner of said Section 28 being a point on the boLnddry of the City of Santa Clarita as the Same existed on 'ilanuary 31, 2011; thence along said City Boundary tb.e follaving Courses and- clt'-Ves: (Ll) South 89°04133" roles`: 2634.89 feet; thence (L2) North 00014'39" West 2570.31 feet; thence (La) South 88008759" East 25.80 _eet;thence .(L4)'Xort'ri'46°27'4'0'East'392.66"feat; thence (115) North 03035'19" East 272.19 feet; thence (L•6) North 39038'15" vuest 503.81 =eat; the IL7) North 60007'95" West 232.07 feet; thence' (L8) North 71°19'50" West 102.46 feet; thence (L9) North 56°13123",West 231.31 feet; thence (L10) North 76°56'x0" West 542.10 feet; thence. (111) North 68°16154" West 116.05 feet; thence P. (L12) North 89006127" East 1117.06 feet; thence (L13) North 00°10'33" West 1316.51 feet; thence (L14) South 85°56'51" hest 454.85 feet •to the centerline of Sierra Highway as shown on man of Tract No.. 43510 filed in book 1078 pages 93'to . 99, inclusive pf Maps, in the office of the Conty Recorder of said county; thence ae . X:\ADM. MVOADDDCs\Lr'.C7us\EX_28?TS\BODD EM?BI2s\8561 EXE.DDC .. ...._. ... _... r .. EXHMIT'•2„ Page 24 of 40 e. tee' pi 5) along said centerline. worth 40°D3'07" East '284-7D feet toe y beginning o= a tangent .curve concave northwesuerly hating a radius of o 3500..00 feat; thence. (C16) continuing northeasterly along said cdnterline _and .said curve. through a. central angle of 11025102" an arc distance -Of 697:44 met -O the. deg ening of a tangent Co-,Tpund curve 'Concave r_orthwester' _ having. a radius of 2750.00 feet; �aence (C17) continuing northeasterly along said cense=line and lastsa=d.curve. =hrpugh a central angle of 01'01!09". an arc distance of 48.92 -eet,. thence i. (L18) leaving said centerline and nor -tangent no last s=='d.curse South ;I .. 66038144" Basm 202.87 feet; thence -'n D7°37'56" East 129.91 net; thence (L19) NO_� _ ° , ' 161.3 feet t0 a point O'I said nen Cert ne Or (120) 13or h 66.38 44' tiest Sierra Sighway on said curve concave noxt.6Westerly having a raCtit:S O. . 2750.00 •.eet, a xadiel line through said point bears North 64`59'3.8" i Wes -6: `hence __.. .,. _... _ ,,=nt�rlire.. and IASL. S??.d curve i_r+�.`.'Dugh _. (C21)..northe s:L=rly..along 's=' d. --- _ central angle Of 04°36'32" an arc di s _*LA nCe' Of 221-21 -pet= thence (y22) confining a1 o.g said center i ; ne and tangent to last said cine ldorth 20°23150" East 231.44 feet; thence � "East 2270.20 feet; thence. 1: (L23) leaving said centerline Borth 89° 6' 02 (124) ND h 00007'40" west 557.93 feYt to a. Point at the beginsg of a non -tangent curve concave "northerly leaving, a radius of 9700.00 teen, a radial line through last said point bears North 03°41'25' jh7p-ot; thence {C25) easterly along last said curve through.a central angle of 05°23'37". an arc distance of 913.12 feet; thence i (126) non 'gent to last said curve South 89°59'09" East. 802.71 feet to i a pole .oa the centerline the Antelope valle3 Freeway (State Highway of 14) on a• curve concave southeasterly having a radius Of 3000.00 •feet, a radial line through last said point bears South, 55°53'.44" East; thence I i X: \AD1+=ID1\WORD DOCS\LEGflSS\Z3?Tn\8000 31[S2BZTS\8551 3M9. DOC 9 � i i 7. EXHIBIT "2" Page 25 of 40 (C27) northeasterly along last said centerline and last said curve t?rrough a cettral ar_gle of 26°46'51" an arc distance of .1402.28 feet; r. thence (L28)''continuing along last said centerline and tangent to last said curve North 60053107" East 4430.00 feet; thence fL29) leaving last said centerline South 00°30136" Wes: 1241.76 feet to a point at the beginning of z npn-tangent curve concave northerly hz.—•ing a radius of 1200.00 feet, a radial line through last said point bears North 02°06'19" West; thence (C30) -westerly along last 'said curve through a central angle o_ Da°53116' an arc distance of 186.16 feet; thence (131) non -tangent, to last said curve South 02'48'BD" East 800.41 feat; tI'1en Ce , {y.32) South 57' 8.40" East 204.70 feet to a point at the .bed rniny of a non -ta_n6ent curve concave sou-reaste_ly having a radius of 2914.83 _eetr a radial line through last said point bsass South 23°12'26"'East; thence (C33) southwesterly along last said curve through a central angle cf OD.'.LL, '.=9"..an .ar.c.d s=ae .of. 38,_DA...feet; . thence (L34) non -tangent to last said curve South 00°30'36" Weser 274,4.4 feet, _}her Ce (L35) ?north 89047'00" East 1713.73 feet; thence (L36) South 23°D8'22" West 631.01 feet; thence (L37) South 89042'25" West 158,00 feet; thence (138) South 00°35'25" West 983.76 feet; thence (139) North 89°42'51" East 1D9.14 feet to a point at the beginning of a non -tangent curve concave northeasterly having a radius of 1820.00 feet, a radial line through last said Point bears North 82'33'D6" East,, thence (C40) southeasterly along last said curve throllg'h 'acentral angle of. 11046159"'an arc distance of 374.29 feet; thence (L41) tangent to last said curve South 19013'53" East 120,44 feet; thence (L42) 'North 89°38130" East 110.D5 feet; thence (L43) South 0035'25' West 182.50 feet; thence r ' (L44) South 89°38'30" West 350.00 feet; thence. x-\ADLN\SCoZD DOCS\L86Pi8\EXffiSImS\8000 3X-311:9\8551 MR.DOC EXHIBIT "2" Page 26 of 40 4"d (L45j South 00°35125' west 402.50 feet; thence (g6)Soutn 00°01'27" West 5260.30 feet .thence,. c (.L47) South. 06°36'02" East'.5029.37 feet:,thence ' (L48) North 'BB°53'50" East 1514.44 feet to a point of intersection W. the ceatErline of Placerita Cznyon Road as shown_on_ County SnryeVOr's map No. 3-2283 sheet 2 (CSB 2283-2) or. file in-the office o_. the Director ?�iC Works o£ said colLty, said 'point being �at the point .Of CllSA'a r :t`ce easterly te_TIt=nus of a tangent curye. concave southeasterly h3v_ng. a radius of 500.00 feet; thence (C45) southwesterly along last said centerline and along last said curve an aarcC the follo ng 5 courses, through a central angle o_ 36° 17 r40". . distance. of 316:73 fee:; thence " West 101. 75 fee. t0 Lh= (150) tangent t0 last Said curve South 52°G_2f 0 ngi•nn_rygO£ a t g2nt ci'rve concave 'northIvIesterly havi=d a -&dills or. , .. 800.00 feet;.-�hence io _ 0- (C5l) southwesterly along last Said Carus, through a central ang_ ... 16°03'00" z_n arc d_stance of 22=.10 feet; thence h 68°45'10" iwest 1fi5.73 feet to the __....(L521- tangent to . 1 2S.t. Said Cur' 7e . Soul-.. .. baginn;ng of tangent curve concave southeaster-1v having Z radiLS OS 1000.00 feet; thence _ (C53) southwesterly -along last said curve tarough a central angle o_ 17°4+9'10" an arc distance o£ 311.01 feet; ``hence (L5a•) tangent to last said =ve South 50°56' 00" Wiest 684.39 feet to a nt on the easterly boundary of Parcel Map No. 7096. as shown on ma poip filed in Book. 108 pages 33 and 34 inclusive, of 'Parcel Maps, 'in said' office o£ the county Recorder;. thence (L55) along last said easterly boundary South 00°36127" wast 219.-37 feet to the southerlv,bou^dary of said Parcel Map No. 7096;..thence (L56) along last, said southerly boundary Nord} 89'30'04" est 657.02 feet' to the point of intersection with the westerly line, of the east half Of the southeast cruarter o= the northwest quarter of 'said Section 2. G's . described in ,document recorded July 12, 2007 as istr,'ument no. L'•70C DOCS\!BCP?.'S\w a=S\8DDD :;YF ..IM �y 20071654941 of Official Records,'in said office of the Cou^ty Recorder; thence (1657) along last s=id Westerly line ooilth 00028155" Wast 318.70 feet to the point of intersection with said centerline of Placeritz Canyon_ Road, being a point on a curve concave northwesterly having a radi'es.O= 1500.00 feet, a radial line through last said point bears North 32°21'3-4" west; thence (C56) southwesterly along last said centerline and along last said curve through a central angle' of 27011'33" an arc distance of 711.90 feet to the point of intersectior_ with the westerly line of the land described in document recorded June 07, 2.OD6 as instrument no. 06-1253116 .of. .said Official Records; thence (L59) along last said westerly line gouth 00°21'14" west 774.87 Peet to the north line of the southwest quarter ,of said section_ 2; thence. . (L60) along last said north line South B9°13'10" Ras 1328.21 Peet to he n0.t-east corn 0= ti18 SOUthweSt quarta`O'i said Section 2; th== Ce (166 1) along the east line of last said soLthWSSt: quarter South 0.0036'27". . west_1&47.9B..feet- to the.nor`heasteriy corner. of the southeast T4arter Of -rhe southwest d+iarter of said Section 2i thence - (162) along the southerly line of parcel B .as described in document recorded August 25, 2D04 -as instrument 110. 04-2190843, of 'said Official Records, North 69°16'42" west 1338.38 feet to the easterly lse of parcel C as described in said document recorded August 25, 2004; thence (1663) along last said easterly line South 01°02'22" west 1349.36 Peet to the southerly line of the soutnwesc Quarter of said Section 2; thence (1,64) along last said southerly line North 89°20'_0" West 1348.56 feat to the 'southwest corner of said Section 2; thence (L65) along the westerly line Of the southwest quarter of said Section 2 .: North 01°28'15" East 2701.64 feet to the west quarter corner of said% Section 2 being an angle' point ori the boundary of tie City of Santa Clarita as'the same existed on -January 31,.2011; thence . (266) along said City Boundary the following 8 courses, North 00005'30" East 2362.51 feet; thence a9'. Xr\AD?+inF\+WORD DDOS\i+^WLS\3MB1TS\8000 LX=B3:TS\8561 3S -ADC EXHIBIT "2" Page 27 of 40 �y 20071654941 of Official Records,'in said office of the Cou^ty Recorder; thence (1657) along last s=id Westerly line ooilth 00028155" Wast 318.70 feet to the point of intersection with said centerline of Placeritz Canyon_ Road, being a point on a curve concave northwesterly having a radi'es.O= 1500.00 feet, a radial line through last said point bears North 32°21'3-4" west; thence (C56) southwesterly along last said centerline and along last said curve through a central angle' of 27011'33" an arc distance of 711.90 feet to the point of intersectior_ with the westerly line of the land described in document recorded June 07, 2.OD6 as instrument no. 06-1253116 .of. .said Official Records; thence (L59) along last said westerly line gouth 00°21'14" west 774.87 Peet to the north line of the southwest quarter ,of said section_ 2; thence. . (L60) along last said north line South B9°13'10" Ras 1328.21 Peet to he n0.t-east corn 0= ti18 SOUthweSt quarta`O'i said Section 2; th== Ce (166 1) along the east line of last said soLthWSSt: quarter South 0.0036'27". . west_1&47.9B..feet- to the.nor`heasteriy corner. of the southeast T4arter Of -rhe southwest d+iarter of said Section 2i thence - (162) along the southerly line of parcel B .as described in document recorded August 25, 2D04 -as instrument 110. 04-2190843, of 'said Official Records, North 69°16'42" west 1338.38 feet to the easterly lse of parcel C as described in said document recorded August 25, 2004; thence (1663) along last said easterly line South 01°02'22" west 1349.36 Peet to the southerly line of the soutnwesc Quarter of said Section 2; thence (1,64) along last said southerly line North 89°20'_0" West 1348.56 feat to the 'southwest corner of said Section 2; thence (L65) along the westerly line Of the southwest quarter of said Section 2 .: North 01°28'15" East 2701.64 feet to the west quarter corner of said% Section 2 being an angle' point ori the boundary of tie City of Santa Clarita as'the same existed on -January 31,.2011; thence . (266) along said City Boundary the following 8 courses, North 00005'30" East 2362.51 feet; thence a9'. Xr\AD?+inF\+WORD DDOS\i+^WLS\3MB1TS\8000 LX=B3:TS\8561 3S -ADC EXHIBIT "2" Page 28 of 40 (267) Nar1x O5°5'27" Wes 1399.69 '_eet;_ th�zce ;1 ($,66') North 69053119" East 1333.12 feet; thence (L69) North 06019120" West'-i239..98feet`ence jL70) North'o6.°19'06" West 1240.26. feet; thence (L71) Sou` 89097'09" west 2632.•95 feet; thence (L72)'North.05°32'23" West 1231.99 .feet; thence (L73) Sonth 89036'56" West 3921.73 feet to the. Point i Containing'2937.24 acres, more or less. X:\AAD--hE-i N\VORD DOCSY!OCPMS\F '3T-TS\8000 MM:CB=m5\6561 M;DOC r ~M c �� II 4 U m mils a o as"aa a if IE H 0,6 s a = e a"€ sad a = ;9 I; a Is "a i 0029 R R RRR£ R RR RR RR RR R R £R °Re € R r £ R �?a$$ gKOM egea;mTvn gg$R $$Pa a2$ gad §a1 s`,ae11 ae1 €2§9 a a7p ea$ 6$ eE "se �e "s,e 's.e Bass i€&$ 68 B S$ 888 n lass 8 k�'=3 $BSt $$$ 684 aS 4 9 4 9! 3 aAA�$ 42a4 928 4 4 ?aS 4S 15 S'^•� ?�^9 :NSF g 55FS -S `- « S r S �^ «n �n war«n �"" nrs Na aW aN..N ,. «««N ««P. N N ..N« SNOW n «««S "N �S««S n ^ .. -- x _ EXHIBIT "T' n"a Page 29 of 40 "a s $ e a e 0 aez«"s« 2 s ae a = meas '06'0 =;x2 ,g Smm aa =a"seg a 005 0 sR R R R ° o R R R RRRR o_«« Roo 'o R 0o o R £RR26 0 6. ROD o 00 RRr.-R R£ R. 's a g s q §as$ $1484nm? E" n ossa 'ss s".s s s"sao 8 o"s d" 'so 149"s"B m a if$$; 8 e4 qss"g == 4$ �v$$s S 2$e§a S3$F"S,�$a$ S$? $ $3 S$ $ S ae�A B Ss eq v I4$$3 I 96$ $ a9 «« « « «««««'H «««« $ « ««««==��««««E« 'a$' « «« « « HIE «« _— « «=Ns« ««« « AN WERE � . v _I r'LT in LnM Q oa c -- t"rt I ' vN in m o'c aLU N NN N N N� zN z C �. Z F c �� II 4 U m cp Rap RPR 9 R n Ne R° ° 608 q pAm o$ 8 N 'RRQ a o .'RPR $y £R p �miZ en8 $2944.4462 'aoKR gX g 'q p g - 2ad2a�6' 'conA 4ev4� m�e 4mmmC�CmccvAr4j $'me gg �86 620 6 a sse 6`966`9 "2 s`"s`sm`s`a MESS a a"aa" """a^ 3 '" """•satic$ea ao `a,a- ossa .8 4. $ $ 9 G G 9 X44'°°.P. HM .4 ..4.' 44 4.°ai4�pa p�6 pec c',e�c C6 aM a� ««$n« « «rys««as:. ria .. ,. n a `ass?i««««««r M HER .�Ump"«n«««`a^'««««'W3«.NOW se «« A nn rN mils a o as"aa a if IE H 0,6 s a = e a"€ sad a = ;9 I; a Is "a i 0029 R R RRR£ R RR RR RR RR R R £R °Re € R r £ R �?a$$ gKOM egea;mTvn gg$R $$Pa a2$ gad §a1 s`,ae11 ae1 €2§9 a a7p ea$ 6$ eE "se �e "s,e 's.e Bass i€&$ 68 B S$ 888 n lass 8 k�'=3 $BSt $$$ 684 aS 4 9 4 9! 3 aAA�$ 42a4 928 4 4 ?aS 4S 15 S'^•� ?�^9 :NSF g 55FS -S `- « S r S �^ «n �n war«n �"" nrs Na aW aN..N ,. «««N ««P. N N ..N« SNOW n «««S "N �S««S n ^ .. x n"a "a s $ e a e 0 aez«"s« 2 s ae a = meas '06'0 =;x2 ,g Smm aa =a"seg a 005 0 sR R R R ° o R R R RRRR o_«« Roo 'o R 0o o R £RR26 0 6. ROD o 00 RRr.-R R£ R. 's a g s q §as$ $1484nm? E" n ossa 'ss s".s s s"sao 8 o"s d" 'so 149"s"B m a if$$; 8 e4 qss"g == 4$ �v$$s S 2$e§a S3$F"S,�$a$ S$? $ $3 S$ $ S ae�A B Ss eq v I4$$3 I 96$ $ a9 «« « « «««««'H «««« $ « ««««==��««««E« 'a$' « «« « « HIE «« «« « «=Ns« ««« « AN WERE cp Rap RPR 9 R n Ne R° ° 608 q pAm o$ 8 N 'RRQ a o .'RPR $y £R p �miZ en8 $2944.4462 'aoKR gX g 'q p g - 2ad2a�6' 'conA 4ev4� m�e 4mmmC�CmccvAr4j $'me gg �86 620 6 a sse 6`966`9 "2 s`"s`sm`s`a MESS a a"aa" """a^ 3 '" """•satic$ea ao `a,a- ossa .8 4. $ $ 9 G G 9 X44'°°.P. HM .4 ..4.' 44 4.°ai4�pa p�6 pec c',e�c C6 aM a� ««$n« « «rys««as:. ria .. ,. n a `ass?i««««««r M HER .�Ump"«n«««`a^'««««'W3«.NOW se «« A nn rN f` EXHIBIT "25 x LEGAL, DESCRIPTION ANNEXATION NO. 2011-26 TO TBE CITY OF S_LNTA CL_A2JTA "SOTTTIi SANI1 CANYON" Parcel 1: EXHIBIT "2" `I Page 30 of 40 "Whose portions of Sections 1, '2-, 11 and 12 in r'ow:ship 3 North, Range 15' west, San. Semardino Ne -id_an in L: v- County of los Ange'_es.,-State of California described,.as follows: - Beg?naing'at-the=rater of said Section 12, =hence (LT)""`along. the southerlyline of the northwest quarter of said Section 12 South 880551/4' WesL 1162.49 feet Lne westerly line •to of parcel 1 as descr_oed in document recorded Agri1 28, 1994 as instrument no. 94-818523 of Official Records,. in the officeo-i -Lh e. County Recorder of said county; thence (12) along said westerly line North 00°14128" west 2659.52 feet to the southwesterly corner of. tnedsoutheast quarter -of the southwest ' - (13 along the westerly line of parcel 11 as descr_bed an- docunent. ' recorded .April 22, 2005 as •instrument no. 65-0943244 of said -- Official' Records,- North 00°19`41'. East 1372.20 feet — - northwesterly corner 'of said southeast quarter of the.soutnwest ' quarter; thence (,4) along the southerly line of parcel 1 as -described in document ' recorded April 22, 2005. as, instrument no. 05-0943244 of said X_\P_D3+3&\W0RD D0CS\1SCS-w^\EXa:B_,S\8000 3X=M\8$62 Dm. DOC f` EXHIBIT "25 x LEGAL, DESCRIPTION ANNEXATION NO. 2011-26 TO TBE CITY OF S_LNTA CL_A2JTA "SOTTTIi SANI1 CANYON" Parcel 1: EXHIBIT "2" `I Page 30 of 40 �.9 "Whose portions of Sections 1, '2-, 11 and 12 in r'ow:ship 3 North, Range 15' west, San. Semardino Ne -id_an in L: v- County of los Ange'_es.,-State of California described,.as follows: - Beg?naing'at-the=rater of said Section 12, =hence (LT)""`along. the southerlyline of the northwest quarter of said Section 12 South 880551/4' WesL 1162.49 feet Lne westerly line •to of parcel 1 as descr_oed in document recorded Agri1 28, 1994 as instrument no. 94-818523 of Official Records,. in the officeo-i -Lh e. County Recorder of said county; thence (12) along said westerly line North 00°14128" west 2659.52 feet to the southwesterly corner of. tnedsoutheast quarter -of the southwest ' quarter of sal'd section 1; thence (13 along the westerly line of parcel 11 as descr_bed an- docunent. ' recorded .April 22, 2005 as •instrument no. 65-0943244 of said Official' Records,- North 00°19`41'. East 1372.20 feet to the . northwesterly corner 'of said southeast quarter of the.soutnwest ' quarter; thence (,4) along the southerly line of parcel 1 as -described in document ' recorded April 22, 2005. as, instrument no. 05-0943244 of said X_\P_D3+3&\W0RD D0CS\1SCS-w^\EXa:B_,S\8000 3X=M\8$62 Dm. DOC �.9 III' EXHIBIT "2" Page 31 of 40 113.6.9. feet to the, a. '' �.3=ficial Records, South 89 06 32 8 Section 2 easterly line or the southeast quarrer.of seal ;, �nence.' (L5) .along last said easterly line South 00°23'15" Vest 1345.26 i•' - ! feet to the southeasterly corner or .said Section 2; thence (Z6) along .the 'southerly line' ofI. the south=ast,' quarter of .sand Section 2 North 89°20''10" West 674.28 feet to 'the ersterly. line c£ parcel,5 as described in said dOCLmPnL recorded April 22, 2005; thence ' (17) along last said easterly line South 00°17`18'" west 1346. D9 feet to he soat-r_er1Y lire of sa=d p=. cel 5.;. thence {Z8) along last,sai'd southerly line North $9024'.23" ingest 7348:60, e '-North t0 t_h2 westerly, '� line OofSa_d parcel 5 i thence . iii Ortt_ ao°11'26" East 1387:75. (i,9) along last Bald L4esteily t quSaid.. feet to the S011tnerly line pf the. sou theaB.arter 'O Section 2; thence Souther] line South 89°20'1.0" East 337.14 (5 1D} 'along last said gout>- _ L _ ........_..._. _ ,_d -..._-parcel a as described - s- ri feet to the westerly, line or doCUMent recorded April' 22r.2005; thence ( 11} along 'last Said Westerly line ?North 00°31`30" 46.96 Fast 13 feet to the southerly line of parcel "1 4s­ described in documer_t recorded December 2, 2D02 as inst-ament no. 02-2914078' said Ot. official Records; thence {L12')' along last said southerly line North 89°16'41" West 1009..49. feet to the 'westerly line of the aorzr_w vest uarter of she southeast quarter Of said Section 2; thence' (L13) along last said westerly 1.ine North 00°35`27" East 1347.98 feet to, the northeast corner of the southwest quarter oT Said $ection 2; thence.... (L•14)' along the 'northerly lire of said southwest, .quarter o Section 2 North 89°13'10" Wesr 1328.21. feet, to the wester'_y line x°\AD ri\woaD mss\ rwsU xaTms\egos Y D'n?TS\8562 E%'s.Do. the. land described in document recorded: June . 07, 2 DO6 as'- 2nstrument no. 06-1253118 of said O; -,ficial Records;thence'• (1115) along last said westerly line and its northerly proiongation North •00'°21`18' East 774.87 deet to a poisit on the csnterli e of Placerita Canyon Road being a point on a' curve concave northwesterly having a radius of 1500.00 feet, a radial - .line through last said point..bears North 05"10'61' West;. thence (C16), northeasterly along said cu_we and said centerline through a central angle of 27°11' 33" an arc distance of 711.90 feet to a point on the. wssterl_u "line o the eas_• half of the 'southeast quarter of the northwest qua mei- of Said Section 2 as described in doci meat recorded July 12, 2007 as _Jnstrumert no. 20071654941 Of said-0__icia1--Records; thence .{L17) along last said westerly lire.,North 00028'55.' East 316.70 feet to a point on the scutherly boundary of Parcel 'Map No. 7D96 as shown on map filed in Book 108- cages 33 and 34 cf Farrel Maus, .. .___._.. in -said office of the ,County Recorder; thence -, (L18) along last said sou''_herly "boundary South 89°30'011" East 667,02 feet to the easterly boundary of. said Parcel Map No. 7096; thence (1119) along last said easterly bounda_y North 00°36127" Z,ast 219.37 Peet to a point on said centerline.af Placerita Canyon 'Road; thence u . (L20) along last said centerline the following seven courses, North 50°56'00 East 685.39 feet to the to the beginning of a tangent 'curve Qoncave southeasterly having a'radius of 1600.00 feet; thence (C21) northeasterly along last said curve through .a. central angle of 17049'10" an -arc distance of 311.01 zest; thence X:\AM=\H'ORD DOCMEG21S\'n7Ca_1SVODB EM=ZTS\8562 EKE.= 1 , • a ff �( :I EXHIBIT 'T„ Page 32 of 40 the. land described in document recorded: June . 07, 2 DO6 as'- 2nstrument no. 06-1253118 of said O; -,ficial Records;thence'• (1115) along last said westerly line and its northerly proiongation North •00'°21`18' East 774.87 deet to a poisit on the csnterli e of Placerita Canyon Road being a point on a' curve concave northwesterly having a radius of 1500.00 feet, a radial - .line through last said point..bears North 05"10'61' West;. thence (C16), northeasterly along said cu_we and said centerline through a central angle of 27°11' 33" an arc distance of 711.90 feet to a point on the. wssterl_u "line o the eas_• half of the 'southeast quarter of the northwest qua mei- of Said Section 2 as described in doci meat recorded July 12, 2007 as _Jnstrumert no. 20071654941 Of said-0__icia1--Records; thence .{L17) along last said westerly lire.,North 00028'55.' East 316.70 feet to a point on the scutherly boundary of Parcel 'Map No. 7D96 as shown on map filed in Book 108- cages 33 and 34 cf Farrel Maus, .. .___._.. in -said office of the ,County Recorder; thence -, (L18) along last said sou''_herly "boundary South 89°30'011" East 667,02 feet to the easterly boundary of. said Parcel Map No. 7096; thence (1119) along last said easterly bounda_y North 00°36127" Z,ast 219.37 Peet to a point on said centerline.af Placerita Canyon 'Road; thence u . (L20) along last said centerline the following seven courses, North 50°56'00 East 685.39 feet to the to the beginning of a tangent 'curve Qoncave southeasterly having a'radius of 1600.00 feet; thence (C21) northeasterly along last said curve through .a. central angle of 17049'10" an -arc distance of 311.01 zest; thence X:\AM=\H'ORD DOCMEG21S\'n7Ca_1SVODB EM=ZTS\8562 EKE.= 1 , • a (C25) northeaster .y along last said .curve through a central' angle Of ' 3.6°:7' 40" an. zrc dish -tan ce of 316.73 feet' to a point on `the . bouadarl- c_ the rl LY'. of Santa Clar_La as 'the'Sa?'0,e existed k'ebruary 14, 2011; thdnce (L26) Continuing along said Centerline and said boundary. and tangent to last saiK Cul e North' &8°59,' 50" East 1072_ ^_7 -feet to 'pan said boundary on the centerline or Sana Ca Yon angle point in (L27) along said boundary and said centerl�e of Sand -Canyon Road ° d the 10 ,owing l3 co'�rses and coves, So?+t'n_ 11 OS OS est 73.95 ngent curve concave northeasterly -feet to the beginning of a ta having a radius of 300.00 feet; thence (C28). southeasterly along last said curve through a central' angle Of 78°45140"'an arc distance of -412.39. feet; thence d (L29) tangent to last said. curve *South' 890.5^_'45J1 East 166._0 feet to the beginning Of a tangent curve concave northerly.'having a radius of' 1000.0.0 feet; thence (C30) easterly along last said curve through a Central angle of 25044150" an arc distance of 449.37 feet; thence (L31) tangent to last. said curve North 64'X125" East 213.03 feet.. 1 Lo the .9 g Of.a tangent curve concave northwesterly having a radius: o= 200.00 -feet; thence X:%RD 4NVI0?S1 pOCS �L:CaSSU'.r-T�'T-?5 6000 3Y'?3ITS�6562 '•DOC '� p ' •4 w - ! EXHIBIT " 2" i Page 33 of 40 :�L22) ta_ngen'r to last said cu-rve North 68045710" East 165.73 feet ) to the beginning ofa tangent curve:.concave nosLhwestexly having a radius of 800.00 feet; thence (C23) .northeasterly along last said curve.t_nrough. a central angle o1 arc distance of 224.10 feet; thence ='1"n°03100". an (L24) tangent to last said curve 'North 52°42'10" East 101.75 -feet . to beginning of a tangent curve concave southeasterly- having 'a. .the radius of 50'0.00 feet; thence (C25) northeaster .y along last said .curve through a central' angle Of ' 3.6°:7' 40" an. zrc dish -tan ce of 316.73 feet' to a point on `the . bouadarl- c_ the rl LY'. of Santa Clar_La as 'the'Sa?'0,e existed k'ebruary 14, 2011; thdnce (L26) Continuing along said Centerline and said boundary. and tangent to last saiK Cul e North' &8°59,' 50" East 1072_ ^_7 -feet to 'pan said boundary on the centerline or Sana Ca Yon angle point in (L27) along said boundary and said centerl�e of Sand -Canyon Road ° d the 10 ,owing l3 co'�rses and coves, So?+t'n_ 11 OS OS est 73.95 ngent curve concave northeasterly -feet to the beginning of a ta having a radius of 300.00 feet; thence (C28). southeasterly along last said curve through a central' angle Of 78°45140"'an arc distance of -412.39. feet; thence d (L29) tangent to last said. curve *South' 890.5^_'45J1 East 166._0 feet to the beginning Of a tangent curve concave northerly.'having a radius of' 1000.0.0 feet; thence (C30) easterly along last said curve through a Central angle of 25044150" an arc distance of 449.37 feet; thence (L31) tangent to last. said curve North 64'X125" East 213.03 feet.. 1 Lo the .9 g Of.a tangent curve concave northwesterly having a radius: o= 200.00 -feet; thence X:%RD 4NVI0?S1 pOCS �L:CaSSU'.r-T�'T-?5 6000 3Y'?3ITS�6562 '•DOC '� p ' •4 w :.. EXHIBIT "2" Page 34 of 40 ;i(G32) northeasterly along last said curve through a central angle po of 31`14110" an arc .distance of 109:503 feet; thence. :'(L33)I tangent to last said curve North'33005115" East 95.70 feet to the beginning of a tangent curve concavz, southeasterly having a radius o2 200.00 feed; thence (C3a) northeasterly along last said centerline and list said curve through -a central angle of 42°50'20" an arc distance o= 149.54 feet; thence (L35) tangent to last said curve North 75°5.6135" Eases 670.82 -feet to the beginning of a tan_gert curve concave southerly'having a radius of 300.00 feet; thence I �.ae__5, 3long last Said CLVe 't=ough (C3 estra central, n le 'Of 33°20'30" an arc distance of 174.58 feet, thence. (L37) tangent to last said'eu_rII South 70042'531 East 108.17 feet to the easterly line of the west half of said Section 1; thence ......-{�.:5 ). .....lsaTiing said City Boundary and .along last said easterly line South 00016115" West 5075.48. feet to the south drua_rter.corner of said Section i; thence 4(L39) along the easterly line of the northwest C.Iuarter of said " Section 12 South 00°46156" East 2628.75 feet to the point'. of Beginning. Contairing 634.47 acres, more or less. PARCEL 2: N Lots 3 and 4 in Section 36, Township 4 North, Range 15 west, San Bernardino Meridian in the County of Los Angeles;'.; State of California according the official tnlat thereof 'on file in the . Goverment Land Office described as a whole as follows:. X:\AD^_P\47010 DOCS\="U-ILS E R?RITs\9000 '1TI3_'_^E\9562 Ei�.noc `� 0 � •r EXHIBIT 462" Page 35 of 40 °` Beginning at the aoutheast corner o: skid Sectior_'36; thencE ' I (L1) . zlong the. southerly line o= said Section .36 South. 87 ° 09' 10" West 2267, 9.6 =eeti to the wes eSrly line .oi said Lo .. r thence- . . L2) :along said westerly line North 03°26`48" West '-7°"=.26..eet to the north line of said lot 3; tbance (L3)' along 'the northerly lines Cf said Lots. 3 and vo th S9°�?8''S2" East' 235A.47 feet to the easterly 'line. of said.Sec�ioL 36; thence .. 03_ feet �o t5,4)g) along said easterly i-ne-South 00°5526" West 1 -l0 the'Point of Beginning. parcel 2 containing 57.68 acresr lC 2 Or _ess- . rCa a '1 and.2 cont 692..15 acres. IilOrB. Cr legs, in the"T_'r .... aggregate.,: . $-\ADbr,Q\WORD DOCS\LEMLB\ ?�T-T6\B000 z..6 E:BTT8\8562 EXc•DOC P ' L> yw EXHIBIT "211 Page 36 of 40 :J tl p 5 4 > S O < U (Z r_ eiNnv N.N Cp oamN gOe'I CIn oh meinP • 2n �' z L Z �' ODOO OODoo000o000nj0 99 C?N400 CO? O9,00a Q pj ' '� j� Hii ASW NH`N],NnNtSNN'NyNNHNrn'� `M.o1n TC N Nw'Nmm Tmmmm� L` % F �' 000e gvaco gvoo o,"ggq�o o �"� �e vvvv000 0gqgc? 2WOO ao my vv v'« vvcm vv �vvc'av�e cWOO �'aS� — Y"O p Da NNN NNNNNNN NNNN NNN N NNNN NN NNNNNNNN NNNNN a m —LL" %U'N z ly— N O gim q SC m j 0 I EXHIBIT "T5 Page 37 of 40 EXHIBIT 442" _ LEG_FSL.fI.Gl17Li.Et'1C ION ANN=/A 140.20.11-71; TO TIM CITY OF S_iNI'A CLARITA "NOR��'D-ROBiriSON R%iNCI3" Those portions of Section 13 and o' Che nortnaast' ouarter 02 Section 24, all in Township g North, Range 15 Wsstr•San Bernardino Heridian. in the County of Los Angeles, State -of Cali orn. a described as follows: Beginning at the r_orths=st co=ne,= of Said Section 24; thence (Id). along 'the.easterly line o_ the an ax, a=e*• tof said Secticn 24 South W23r25rr' West 2649.07 feet to the southeasterly corner of the northeast .%_`_sive= of said Section 241. said corn$_r being af& avffgle poi's'e i the boundary of the City gf Santa Clarita as the SaMS SXisted On February thence - ..._......_.. --i �r _n f 7, -ria 1r -i �+. a —h City Bou�_d__y �__e-'_C__Ov._—g CCL:_s.-s and ..LrT._S� S011i_ 89053`52,` West 1318.81 -feet; thence (L3) North 00016'28" Zast.2340.95 feet; thel?ce (14) South 70°26,05', West 660.20 feet; thence (15) North 19°33'55,'. West 367.72 feet to a point on a curve concave. noxthwester�y having a radius of 1522.47 feet, a raca.al line through said Point bears North 33'17,02" West; thence (C6) n_or.:heasterly along said curve through a centrGl angle of -100-18151" an arc distance of 274.07 feet; thence (17) non -tangent to said curve South 890491•-121= West 346.96,feet; thence (L8)North 49022r39rr East 262.45 feet; thence (1:9) North OV.17103" East. 377.03 feet to a 'ooint on a curve, concave northerly having a radius of 2469.00 Meet, z"radial line" through .last said point bears North 14015151,' West; thence (C10)- westerly along last said curve through a central angle of 16020'.51" an arc distanns of 704.45 feet; thence K:\?r5I1S\470.7 DOo6�C3i+5\slC22cI=S\6000 �IST_TS\8563 'a`.L•a.DOC ', • ^tea w i i EXHIBIT 6'2" Page 38 of 40 ' r "'west 1058.86 =est to tie g (11) tangent to last. said curse North 87 55 00 r 1000.00 1 aV1ng .3 =Zd =IlS D_ ' concave norther _y h, be#rming. Of.a tangent curve eat;.thznce angle o- O8°•22'03" (C12) westerly along last said curcre through' a central ng Zn arc: distance. "of 156.04 .regi_ to the beginning of a tangent reverse . ClL,'Ge concave sour^-ariti havI-ig a radius of 1000. OD feet, thence . i wzs �erly a ang last Snld C Y'v.o rou5 a Cen rat �ny1e O''1D°J�r z9" (C_3) . an arc distance o='190.96 test; thence .. dr, west 1232.56 feet; ((T=4)tangent to last said aurae South 89° 3D 3_ thence h DO°02'=5 W=_st 895.35 feet tq a point o*+ the oenterhne Pr {1151 North . iC -ar enCE re A31telOpe %Ta11ey E-v5a_y (Stateghway ) . °1 i;45•, �asu 1255.76 =eEL LD he a! Ong Said. C�•.nterl lne SDt?th B$ ..:..1 v hay.7'nC . a radiLS . OT. •' , beg ln-zg' r_. o t8I^CETit aur. v COI Cain npr u� WBSucs 5800, 00 feet; . tcaedce .. •� ' s IASL aid ,targe (C17.) nor=Iheasterly along said centerline and along _ o t _..,........._._. - °54:36 an arc di-*c 2099.83 -eau th ough a central: angle Ox _9 - . _a - _ _ _ ::. 1... arolo agati'on o_ the....YrroSrer!y - 17ne" o1 - - tnn- .- he' ,aad aoint on ane .=-ort ___3 G sir •._^- na reccrded'�ugast Ol, 1986 a described as Par Ce1' 1 in dOCL-- - . the off De DZ the County. P.cGDrder No. 88-1209670 of Official P,eOords, ii1 Of said county; thence j and along (�16) leaving said City Boundary and along said :prolong=t--On said ues`erly line South 00°17'03" West, 491,67 =em ro the northerly line o=' ;he land described 'as Parcel '1 in doeu"snt•• recorded yebru�y 27 r 1968 1 r- u 3275 o= said Oi=:tial records; thence as Sr a t_ wee NO. . (y19) along said northerly line SOuth'89°42'57" East 20D.00 feet ro the Westerly line of last said Parcel 1; thence (L20) along said easterly line Sottth 00°17'03" Wesn 2DD:00' reef o. ane southerly line Or last said Parcel 1; thence I (121) along said southerly line North 89°52`57" West 20D.01.0 feet Pagust , Gs .d r in said d6mment reco_•d_ -viEaterly 1'ilr of Parcel 1 sc_ibed i i 01 1988; thence 1 •OOC GFSS\3XH'+ ?5\8000 Z=a=28\8583 3K'+ \ X: WDWN\hOAD DOCS\i56.°S6\7iysT-SIRS\B DSO S�Y.ffi3-i5\8563 r'�-DOC \ \ r EXHIBIT ,.2„ Page 39 of 40 Ip zlong last said westerly line 'Soup 00°1T 03" west. 7 .. 341.67 feet uo T ne southerly line of'last.said Parcell; thence ' (7.23) along last said southerly line North 89°40`54" mast 465.88 =eat the sourheaste=ly fine of last said Parcel 1;. ther'!ce (124)'along said southeasterly line -North 43°11'97" East ,94.851. feet to tae beg ming 6= a tangent cu_'r've concave southeasterly having a radius of 1532.47 -feet; thence (C25) aortheaste_rly along last said curve and along said, southeasterly line 4through a central eagle of 33012ro0" an arc dista_•2ce of 887.99 feet; hence . (1,26) non-tangent to last said curve and along last said southerly. line North 8004?'09" 3ast 112:38 -feet; thence (,27) colt ruing along lzst said soutae_ly line North 87°05' 09" mast 594.'72 feet'to 'the easterly line oi' the southeast craarr Ver of said: Secti on .. 13; thence � . (_,28) along last said eastirly line South 00026'42" Wast 1218.04 .feei�to the Pol= .of Beg--n-ng. ....... _ Con tainng 204.32 acres, more or less._ X: WDWN\hOAD DOCS\i56.°S6\7iysT-SIRS\B DSO S�Y.ffi3-i5\8563 r'�-DOC \ \ r N EXHIBIT " 2" Page 40 of 40 90 .g' AS s ;z_ `"'=II •,� LLL •� L� nN 11 a I. b All IN 491 cl r s � � she R ItN -i .'y 11 Q 9 le •5 Is ji II o v 1 I S I R._ a a I I a• ! arumara a"'° I nes rnm+o: EXHIBIT 3 (Franchise Fees) Franchise Fee Amount Throughout the Term of the Assigned Agreement, Franchisee must pay to City a Franchise Fee in an amount equal to 10% of the Gross Receipts derived by Franchisee from services provided in the City pursuant to the Assigned Agreement. The Franchise Fee must be submitted along with a report of the revenue upon which the franchise Fee is calculated by month and service category such that Gross Receipts from all sources of revenue are easily identifiable. EXHIBIT 4 (Indemnification) 1. Indemnification Franchisee hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, commissions, officers, employees, and agents (collectively, indemnities) from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, proceeding or suit in law or equity of any and every kind and description (including, but not limited to, injury to and death of any person and damage to property, or for contribution or indemnity claimed by third parties) arising or resulting from and in any way connected with (1) the negligence or willful misconduct of Franchisee, its officers, employees, agents, companies and/or subcontractors in performing services under this Agreement; (2) the failure of Franchisee, its officers, employees, agents, companies and/or subcontractors to comply in all respects with the provisions of this Agreement, applicable laws (including, without limitation, the Environmental Laws), ordinances and regulations, and/or applicable permits and licenses; (3) the acts of Franchisee, its officers, employees, agents, companies and/or subcontractors in performing services under this Agreement for which strict liability is imposed by law (including, without limitation, the Environmental Laws). The foregoing indemnity shall apply regardless of whether such loss, liability, penalty, forfeiture, claim, demand, action, proceeding, suit, injury, death or damage is also caused in part by any of the indemnities negligence, but shall not extend to matters resulting from the indemnities sole negligence, or willful misconduct. Franchisee further agrees to and shall, upon demand of City, at Franchisee's sole cost and expense, defend (with attorneys acceptable to City) City, its elected and appointed boards and commissions, officers, employees, and agents against any claims, actions, suits in law or equity or other proceedings, whether judicial, quasi-judicial or administrative in nature, arising or resulting from any of the aforementioned events, and to reimburse the City for any and all costs and expenses City incurs in providing any such defense, either before, during or after the time Franchisee elects to provide such defense, including any and all costs incurred in overseeing any defense to be provided herein by Franchisee. Franchisee, upon demand of the City, made by and through the City Attorney, shall protect City and appear in and defend the City and its elected officials, officers, employees and agents, in any claims or actions by third parties, whether judicial, administrative or otherwise, including, but not limited to disputes and litigation over the definitions of "Solid Waste" or "Recyclable Material," the scope of the rights granted herein, conflicts between the rights granted herein and rights asserted by other Persons, or the limits of City's authority with respect to the grant of licenses, or agreements, exclusive or otherwise, asserting rights under the Dormant Commerce Clause or any other federal or state laws to provide Solid Waste Handling Services in the City. The provisions of this Section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of this Agreement. 2. Hazardous Substances Indemnification A. Without regard to any insurance coverage or requirements, and without limiting the above general indemnification obligation in any way, Franchisee specifically agrees to and shall, to the maximum extent permitted by law, defend (with counsel acceptable to City) reimburse, indemnify, and hold City and its past and present officers, council members, employees, consultants and agents (hereinafter "Indemnified Parties") harmless from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever kind or nature ("Claims") (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and similar costs, damages and expenses) that arise out of or are alleged to arise out of or in any way relate to any action, inaction or omission of franchisee that: 1. Results in any demand, claim, notice, order, or lawsuit, asserting that any Indemnified Party is liable, responsible or in anyway obligated to investigate, assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any Hazardous Contaminant (as defined herein); or 2. Relates to material collected, transported, recycled, processed, treated or disposed of by Contractor. B. Franchisee's obligations pursuant to this Section shall apply, without limitation, to: 1. Any Claims brought pursuant to or based on the provisions of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act (" RCRA"), 42 U.S.C. § 9601 et seq., the California Hazardous Substances Account Act (California Health & Safety Code Sections 25300 et seq.), the California Hazardous Waste Control Laws (California Health and Safety Code Sections 25100 et seq.), the California Porter -Cologne Act (California Water Code Section 13000 et seq.), and any and all amendments and regulations thereto, and any other Federal, State, regional or local environmental statutory or regulatory provision; 2. Any Claims based on or arising out of or alleged to be arising out of the ownership, use, lease, sale, design, construction, maintenance or operation of Franchisee of any facility; 3. Any Claims based on or arising out of or alleged to be arising out of the marketing, sale, distribution, storage, transportation, disposal, processing or use of any materials recovered by Franchisee; 4. Any Claims based on or arising out of or alleged to be arising out of any breach of any express or implied warranty, representation or covenant arising out of or in connection with this Agreement. C. The foregoing indemnity and defense obligations shall apply irrespective of the negligence or willful misconduct of Franchisee or any Affiliate of Franchisee. D. For purposes of this Section, the term "Hazardous Contaminant" shall mean any "hazardous material," as that term is defined under California Health & Safety Code Section 25501(1); any "hazardous substance," as that term is defined herein or under California Health & Safety Code Sections 25281(f), 25501(e), 25501.1 and under Title 42, Section 9601(14) of the United States Code; any "hazardous waste," as that term is defined under Title 42, Section 6093(5) of the United States Code and under California Health & Safety Code Section 25550(m); any chemical which the Governor has identified as a chemical known to the State to cause cancer or reproductive toxicity pursuant to California Health & Safety Code Section 25249.8; any crude oil or refined or unrefined petroleum product or any fraction or derivative thereof; and any asbestos or asbestos -containing material. The term "Hazardous Contaminant" shall also include any and all amendments to the above -referenced statutory and regulatory provisions made before or after the date of execution of this Agreement. E. The provisions of this Section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of this Agreement. F. In the event City directs Franchisee to dispose of Solid Waste Collected pursuant to this Agreement at a facility designated by City, Franchisee shall not be required to provide the indemnification set forth in this Section 9.2 with respect to Claims arising from allegations relating to the handling and/or disposal of such Solid Waste after it is delivered to a City designated facility (although this exception shall not apply to any other Claims relating to said Solid Waste); provided, however, this exception to the indemnification requirements of Section 9.2 that would otherwise apply shall not apply in the event the City designated disposal facility in question is either owned or operated, in whole or part, by Franchisee or any Affiliate. 3. AB 939 Indemnifications and Guarantee A. To the extent authorized by law, Franchisee agrees to indemnify and hold harmless the City from and against all fines and/or penalties imposed by the California Integrated Waste Management Board in the event the source reduction and Recycling goals or any other requirement of AB 939 are not met by the City with respect to the waste stream Collected under this Agreement. B. Franchisee warrants and represents that it is familiar with City's waste characterization study as set forth in City's SRRE, and that it has the ability to and will provide sufficient programs and services to ensure City will meet or exceed the 50% diversion goal set forth in AB 939, with respect to that portion of the Solid Waste generated in City that is the subject of this Agreement. EXHIBIT 5 (Insurance, Bond, Letter of Credit) 1. Insurance Franchisee shall procure and maintain during the entire Term of this Agreement the following types of insurance, and shall maintain the following minimum levels of coverage, which shall apply to any claims which may arise from or in connection with Franchisee's performance hereunder or the actions or inactions of any of Franchisee's officers, agents, representatives, employees, or subcontractors in connection with Franchisee's performance. The insurance requirements hereunder in no way limit Franchisee's various defense and indemnification obligations, or any other obligations as set forth herein. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. The most recent editions of Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 00 01). 2. The most recent editions of Insurance Services Office form number CA 00 01 covering Automobile Liability, code 1 "any auto" and endorsement CA 00 25. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. Minimum Limits of Insurance. Franchisee shall maintain in force for the term of this Agreement limits no less than: 1. Comprehensive General Liability: Five Million Dollars ($5,0005000) limit aggregate and Five Million Dollars ($550005000) 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 1. The liability insurance required by this Section 1 shall cover all Franchisee or subcontractors or the Franchisee or subcontractor must furnish evidence of insurance provided by it meeting all of the requirements of this Section 1. 2. Franchisee shall comply with all requirements of the insurers issuing policies. The carrying of insurance shall not relieve Franchisee from any obligation under this Agreement. If any claim exceeding the amount of any deductibles or self-insured reserves is made by any third Person against Franchisee or any franchisee or subcontractor on account of any occurrence related to this Agreement, Franchisee shall promptly report the facts in writing to the insurance carrier and to City. If Franchisee fails to procure and maintain any insurance required by this Agreement, City may take out and maintain, at Franchisee's expense, such insurance as it may deem proper and deduct the cost thereof from any moneys due Franchisee. 2. Faithful Performance Bond A. Prior to the Commencement Date, Franchisee shall deliver to City a performance bond in the sum of the amount of Seven Hundred Fifty Thousand Dollars ($750,000.00), which secures the faithful performance of this Agreement, including, without limitation, payment of any penalty and the funding of any work to cure a breach of this Agreement, unless such requirement is waived by the City Manager. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void at the conclusion of the term of this Agreement only if the Franchisee promptly and faithfully performs all terms and conditions of this Agreement. B. In the event Franchisee shall for any reason become unable to, or fail in any way to, perform as required by this Agreement, City may declare a portion or all of the performance bond which is necessary to recompense and make whole the City, forfeited to the City. Upon partial or full forfeiture of the performance bond, Franchisee shall restore the performance bond to its face amount within 30 days of the City's declaration. Failure to restore the performance bond to its full amount within 30 days shall be a material breach of the Agreement. 3. Faithful Performance Letter of Credit A. In addition to a corporate surety bond as noted in Section 2 above, Franchisee shall furnish an irrevocable letter of credit drawn upon a financial institution with an office within one hundred (100) miles of City in the amount of Two Hundred Fifty Thousand Dollars ($250,000), in a form acceptable to the City Attorney as security for the performance of this Agreement (the "LOC"). The LOC shall be the sole responsibility of Franchisee, and shall be released within thirty days after both (i) the expiration of the term of this Agreement, or upon the earlier termination hereof; and (ii) Franchisee's satisfactory performance of all obligations hereunder. B. Thirty (30) days following City providing Franchisee with written notice of its failure to pay City any amount owing under this Agreement, the LOC may be drawn upon by City for purposes including, but not limited to: 1. Payment of sums due under the terms of this Agreement which Franchisee has failed to timely pay to City 2. Reimbursement of costs borne by City to correct violations of this Agreement not corrected by Franchisee. City may draw upon the entire Letter of Credit and convert it to a cash deposit if Franchisee fails to cause the Letter of Credit to be extended or replaced with another satisfactory letter of credit no later than 60 days prior to its expiration during the term hereof. EXHIBIT 6 (Existing Roll -Off Agreement) Ternporay Bin and Roll -Off Box Solid Waste Franchise Agreement Between The City, of S arta Clarita and USA Waste of California, Inc. dba Blue Barrel Disposal City of, S anta Clarita Contract No. Tamporary Bin and Rall-Off Box S'Ild Waste Agreement Batween the CitY'f Seat' Clarity and 31m Barret Dlspusal TABLE OF CONTENTS Recitals................................................................................................................................ I Section1 Grant of Franchise.. ...... . . . . . . ..................... .................. 4 Section 2 Reimbursement of City Expenses....................................................................... 6 Section3 Term; Extension.,.., ........... e. ....................... ...................................... P .............. 6 Section4 Definitions.................:......................................................................................... 6 Section 5 Compliance with Laws and Regulations.............................................. I......... I I... 9 Section 6 Types and Frequency of Service......................................................................... 9 Section7 Collection Equipment...................................................................:.....:.............. 11 Section8 Piivacy...............................................................................................................13 Section 9-Service Exceptions; Hazardous Waste Notifications........................................13 Section10 Customer Service...................:........................................................................14 Section 11 Ownership of Solid Waste,. .... .......... .......... IS O Section 12 Marketing of Recyclable Solid Wastes.,,, . . . . . . . . . . . . . I I I.. d . . . . . . . . . . . . . . . . . I . . . . . . . . IS Section 13 Billing. ... 11 .......... ...... ........ ..... 15 Section 14 Blue Barrel Disposal's Books and Records; Audits........... I........................... 16 Section 15 Integrated Waste Management Act; Reporting Requirements ..............:.........17. Section 16 Activities and Financial Repo> ts; Adverse Information ... ...1..................... ...... 17 Section 17 Indemnification and Insurance...................... ................... ............................ .... 21 Section18 Cash Bonds......................................................................................................24 Section 19 Emergency Service.....................:.....................:.............................................. 25 Section 20 Administrative Remedies; Imposition of Damages; Termination .................. 26 Section 21 Referral to Referee; Hearing Procedures....... ........................... .............. I....... 31 Section 22 City's Additional Remedies..................................... .......................... :............... 34 Section 23 Franchise Transfer; City Consent; Fees .........................................................135 Section24 General Provisions.............:........................................................................... 37 ExhibitA Guaranty.............. :......................... ................................. :............................... C-1 O PS -05-06.09 Teniliornrp Bin 5ni1 R611-01 bfSolid Waste Agreeiudnt Between the erty of Santa aarita and Blue Barrel Disposal O Temporary Bin and Roll -Off Box Solid Waste Agreement Between the City of Santa Clarita and USA Waste of California, Inc. dba Blue Barrel Disposal This "Temporary Bin and RoD-Off Box 'Solid Waste Agreement Between the City of Santa Clarita and USA Waste of California, Inc. dba Blue Barrel Disposal" ("Agreement" or "Tem- porary Bin and Roll -Off Agreement") between the City of Santa Clarita, California, a Califor- nia city, ("City") and USA Waste of California, Inc. dba Blue Barrel Disposal, a Delaware cor- poration, is made and entered into on the _ day of , 200_ RECITALS WHEREAS, Article XI, § 7 of the California Constitution authorizes cities to protect public health and safety by taldng measures in furtherance of their authority over police and Osanitary matters; and WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, ("AB 939" or the "Act") established a solid waste management process which requires cities and other local jurisdictions to implement plans for source reduction, reuse and recycling as integrated waste management practices for solid waste attributed to sources within their respective jurisdictions; and WHEREAS, California Public Resources Code §: 40059 provides that aspects of solid waste handling of local concern include but are not limited to frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of -providing solid waste services, and whether the services are to be provided by means of non- exclusive, partially exclusive or wholly exclusive franchise, contract, license or otherwise which may be granted by local •government rwder terms and conditions prescribed by the gov- eming body of the local agency; and WHEREAS; Chapters 15.44 and 15.46 of the Santa Clarita Municipal Code impldment Article U, § 7 of the California Constitution and California Public Resources Code § 40059 in the City of Santa Clarita; and • 1 PS -05-06.09 WHEREAS, City is obligated to protect the public health and safety of the residents of the City of Santa Clarita and arrangements made by solid waste enterprises and recyclers for the collection of Temporary Bin and ROII-Off Solid Wastes should be, made in a manner consis- tent with the exercise of the City's police power for the protection of public health and safety; and WHEREAS, By advertisement and solicitations by mail City invited solid waste enter- prises, without regard to prospective proposers' places of business or prior service areas (in an effort to attract proposals from the widest possible range of qualified proposers) to propose how Temporary Bin and Roll -Off Solid Waste services might be provided in the City in a safe, effi- cient manner which protects public health and safety and implements measures consistent with the City's Source Reduction and Recycling Component in order for the City to reachthe diver- sion goals mandated by the California Integrated Waste Management Act of 1989, as amended, Public Resources Code. §§ 40000 et seq.; and WHEREAS, By its advertisements and solicitations, City received expressions of inter- est and suggestions from numerous prospective proposers, including proposers with corporate headquarters located outside the State of California, and City, in evaluating proposals, consid- ered factors which included, but which were not limited to cost, quality of service, proposers _ ability to implement measures to comply with AB 939 and proposers' ability to meet the obli- gations of indemnification provisions and traffic and air pollution impacts, but did not favor in- state or local firms nor discriminate in any way against firms with out-of-state affiliations or corporate offices; and WHEREAS, City and Blue Barrel Disposal are mindful of the provisions of the Iaws governing the safe collection, transport, recycling and disposal of Temporary Bin and Roll -Off Solid Waste, including AB 939, the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 er seq., the Comprehensive Environmental Response, Compensation and Li- ability Act ("CERCLA" ), 42 U.S.C. §§ 9601 et seq.; the laws governing Universal Wastes, Universal Waste EIectronic Devices ("UWEDs"), and other Universal Wastes, including, but not limited to non -empty aerosol cans, fluorescent tubes, high intensity discharge lamps, so- dium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batter- ies (rechargeable nickel -cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] allcaliue batteries, car- bon -zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury -containing switches; and WHEREAS, City and Blue Barrel Disposal desire to leave no doubts as to their respec- five roles and to make it clear that by entering into this Agreement, City is not thereby becom- ing a "generator" or an "arranger" as those terms are used in the context of CERCLA § 2 PS -05.06-09 Temporary Bin and B.oII-OFf Box Solid Waste Agreement Dat%veen the Clty of Santa Clarita and Blue Barrel Disposal WHEREAS, City is obligated to protect the public health and safety of the residents of the City of Santa Clarita and arrangements made by solid waste enterprises and recyclers for the collection of Temporary Bin and ROII-Off Solid Wastes should be, made in a manner consis- tent with the exercise of the City's police power for the protection of public health and safety; and WHEREAS, By advertisement and solicitations by mail City invited solid waste enter- prises, without regard to prospective proposers' places of business or prior service areas (in an effort to attract proposals from the widest possible range of qualified proposers) to propose how Temporary Bin and Roll -Off Solid Waste services might be provided in the City in a safe, effi- cient manner which protects public health and safety and implements measures consistent with the City's Source Reduction and Recycling Component in order for the City to reachthe diver- sion goals mandated by the California Integrated Waste Management Act of 1989, as amended, Public Resources Code. §§ 40000 et seq.; and WHEREAS, By its advertisements and solicitations, City received expressions of inter- est and suggestions from numerous prospective proposers, including proposers with corporate headquarters located outside the State of California, and City, in evaluating proposals, consid- ered factors which included, but which were not limited to cost, quality of service, proposers _ ability to implement measures to comply with AB 939 and proposers' ability to meet the obli- gations of indemnification provisions and traffic and air pollution impacts, but did not favor in- state or local firms nor discriminate in any way against firms with out-of-state affiliations or corporate offices; and WHEREAS, City and Blue Barrel Disposal are mindful of the provisions of the Iaws governing the safe collection, transport, recycling and disposal of Temporary Bin and Roll -Off Solid Waste, including AB 939, the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 er seq., the Comprehensive Environmental Response, Compensation and Li- ability Act ("CERCLA" ), 42 U.S.C. §§ 9601 et seq.; the laws governing Universal Wastes, Universal Waste EIectronic Devices ("UWEDs"), and other Universal Wastes, including, but not limited to non -empty aerosol cans, fluorescent tubes, high intensity discharge lamps, so- dium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batter- ies (rechargeable nickel -cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] allcaliue batteries, car- bon -zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury -containing switches; and WHEREAS, City and Blue Barrel Disposal desire to leave no doubts as to their respec- five roles and to make it clear that by entering into this Agreement, City is not thereby becom- ing a "generator" or an "arranger" as those terms are used in the context of CERCLA § 2 PS -05.06-09 Temporary Bin and Roll -off Box Solid WadeAgreement BetweMi the City of Santa Clarrta ap.d Blue Barrel Disposal O107(a)(3) and that it is Blue. Barrel Disposal, an independent entity, not City, which will ar- range' to collect Temporary Bin and Roll -Off Solid Waste from Premises in the City of Santa Clarita, transport for recycling and disposal and dispose of Temporary Bin and Ron -Off Solid Wastes which may contain small amounts of household products with the characteristics of hazardous wastes, collect and compost Green Waste and collect and recycle Recyclable Solid Wastes from Premises in the City of Santa Clarita, and collect and recycle or dispose of Con- struction and Demolition Materials; and WHEREAS, there are no places within the City limits of the City of Santa Clarita where landfills are located„ or which are suitable for the siting of a landfill and therefore Temporary Bin and Roll -Off Solid Waste must be exported from the City; and WHEREAS, City and Blue Barrel Disposal agree that, subject to City's exercise of i'ts reserved flow control right under Section l.H of this Agreement, it is Blue Barrel Disposal, and not City, which will select the landfill or transformation facility destination of the non - recyclable Temporary Bin and Roll -Off Solid Waste and Construction and Demolition Materi- als ("C&D Materials") which Blue Barrel Disposal will arrange to collect, that City has not and, by this Agreement does not, instruct Blue Barrel Disposal on its collection methods, nor supervise Blue Barrel Disposal in the collection, of waste and nothing in this Agreement or O other actionof the City shall be construed to give rise to any inference'that the City has any ti- de, ownership or right of possession of such Temporary Bin and Roll -Off Solid Waste; and WHEREAS, Blue Barrel Disposal represents and warrants to City that Blue Barrel Dis- posal has the experience and. qualifications to conduct recycling and waste diversion programs, to provide City with information sufficient to meet the City's reporting requirements under the Act, to meet the diversion goals proposed by Blue Barrel Disposal, to meet City's other re- quirements, to arrange with persons in charge of day-to-day activities of Premises in the City of Santa Clarita for the collection, safe transport and disposal of Temporary Bin and Roll -Off Solid Wastes which may contain'small amounts of household products with the characteristics of Hazardous Wastes, or Universal Wastes, in a safe manner which shall minirnize, the adverse effects of collection vehicles on air quality and traffic, and that Blue Barrel Disposal has the ability to indemnify City in accordance with this Agreement; and WHEREAS; the City would not enter into this •Agreement with Blue Barrel Disposal unless USA Waste of California, Inc, provides a Guaranty in the form set forth in Exhibit A and the Guarantor, as a material inducement and .consideration to the City to enter into the Agreement, is willing to execute and deliver the Guaranty and to .agree to and be bound by it's terms; and 3 PS -05-06.09 'i. Temporary Bin and Rolloff Box Solid Waste Agreement Behvecu the City of Santa Clarity and Blue Barrel Disposal WHEREAS, the City Council of the City of Santa Clarita determines and finds pursuant to California Public Resources Code § 40059(a)(1) that the public interest, health, safety and well-being, including the minimization of adverse impacts on air quality and traffic from exces- sive numbers of collection vehicles, the implementation of measures consistent with the City's Source Reduction and Recycling Component, and in an effort to reduce. the City's potential CERCLA liability, would be served if Blue Barrel Disposal were to be awarded an exclusive Franchise for collection, recycling, diversion and disposal of Temporary Bin and Roll -Off Solid Waste from premises in the City of Santa Clarita. NOW, THEREFORE, the City and Blue Barrel Disposal agree as follows: Section 1. Grant of Franchise A. Binding Agreement, Inconsideration of the execution of and the mutual promises contained in this Temporary Bin and Roll -Off Box Solid Waste Agreement Between the City of Santa Clarita and Blue Barrel Disposal, City and Blue Barrel Disposal enter into this Agree- ment. B. Grant of Franchise; Exclusions, Blue Barrel Disposal, and other solid waste m- terprises; if any, granted similar franchises, shall have an exclusive duty, right and privilege to collect, transport, process, recycle, compost, retain and dispose of all Temporary Bin and Roll - Off Solid Waste, as defined in this Agreement, produced, generated and/or accumulated at premises in the City, except as provided below. The collection and disposal of residential solid waste from Single Family and Multi -Family Residences or other similar places is not within the scope of this Agreement, but is within the scope of a separate 'Residential Agreement " The collection and disposal of Construction and Demolition Materials from residential and com- mercial premises through the use of roll -off or other Bins is within the scope of this Agreement. However, accumulation, collection and recycling or disposal of Construction and Demolition Materials by a licensed contractor, e.g., a roofing contractor, performing work within the scope of the contractor's license, e.g., removing a roof and installing a new roof, using equipment owned or leased by the contractor, is not within the scope of this Agreement. C. "Exclusive Franchise." Blue Barrel Disposal agrees that this Agreement is an "ex- clusive franchise" as that term is used in Public Resources Code § 49520. Blue Barrel Disposal acknowledges and understands that City may grant more than one exclusive franchise, to more than one solid waste enterprise for the services to be provided pursuant to this Agreement. D. Waiver of Rights. Blue Barrel Disposal waives any right it may have to challenge the terms of this Agreement under federal, state or local law, or administrative regulation, ex- cept as provided in the dispute resolution provisions of Sections 20 and 21 of this Agreement. Blue Barrel Disposal waives any right or claim to serve Premises in the City*of Santa Clarita as PS -05-06-09 Temporary Bin mid Roll•Off Box Solid Waste Agreement Betrveen 010,01Y of Santa Clarlta and Blue Barrel DisposN n its boundaries exist as of the date of execution of this Agreement under any prior grant of fran- chise, contract, license or permit issued or granted by City relating to the waste stream covered by this Agreement and including whatever, if any, rights Blue Basel Disposal may have under the Public Resources Code or prior law. E, Gardeners and Landscapers. This Agreement shall not prohibit gardeners and landscapers from collecting, transporting and composting or disposing of Green Waste, as long as they transport such Green Waste to a Compostable Materials Handling Facility or a Green Material Composting Facility, as defined in 14 CCR § 17852, or other site permitted (or ex- empf from permiging) by the California Integrated Waste Management Board, or its successor agency, in accordance with all governing laws and regulations and submit reports required by City. F. Sale or Gift of Recyclable Materials. Any person may sell Recyclable Materials or give away Recyclable Materials to persons or entities other than Blue Barrel Disposal How- ever, in either instance: (1) the Recyclable Materials must be segregated from and not mixed with Temporary Bing or R611 -Off Solid Waste; and (2) the seller/donor may not pay the buyer/donee any consideration for collecting, processing or transporting such Recyclable Mate- rials, or as.a consultation fee for recycling services. A discount or reduction in price for collec- tion, disposal' and/or recycling services for any form of unsegregated 01 segregated Temporary Bin and Roll -Off Solid Waste is not a sale or donation of Recyclable Materials and such Tem- porary Bin and Roll -Off Solid Waste does not qualify for this exception. . G. Annexation. Territory annexed to the City which is not within the service area of another solid waste enterprise which qualifies under Public Resources Code § 49521 to con- tinue to provide Temporary Bin and Roll -Off Solid Waste services shall be added to the Fran- chise covered by this Agreement. In the event that an annexed area is added to the Franchise area, City and Blue Barrel Disposal agree that this Agreement shall supersede any previous franchise agreement, permit, or license granted to Blue_Barrel Disposal by another public entity.. with respect to the collection of Temporaty'Bill and Roll -Off Solid Waste within the annexed area. H. Flow Control - Reservation of Rights. City reserves whatever, if any, rights to ex- ercise solid waste flow control which may be. provided by Congress. Section 2. Reimbursement.of City EI xpenses Not Required. Blue Barrel Disposal shall not be required to reimburse. City for expenses, including O staff time, consultants'. and attorneys' fees and expenses associated with granting this Agree- ment. PS -05-06-09 Temporary Bin and Roil -Off Box Solid WaSte Agreement BetSvicen thaCity of Santa Clarrta andBlue Barrel Disposal Section 3. Term. A. Collection services under this Agreement shall be provided for a period of five years, commencing on January 1, 2006, and ending at midnight on December 31, 2010,.unless sooner terminated. B. Sections 9, 16 and 17 of this Agreement also require Blue Barrel Disposal to pro- vide services (e.g., access to landfill destination information, insurance and indemnification and an insurance policy repository) beyond the period during which collection services are to be. provided pursuant to this Agreement. Section 4. Definitions Whenever any term used in this Agreement has been defined by the Santa Clarita Mu- nicipal Code ("Municipal Code") or Division 30, Part 1, Chapter 2 of the California Public Re- sources Code, the definitions in the Municipal Code or Public Resources Code shall apply unless the term is otherwise defined in this Agreement. A. "Act" or "AB 939" means the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code §§ 40000 er seq., as it may be amended and as implemented by the regulations of the California Integrated Waste Management Board, of its successor agency. B. "Agreement" or "Franchise Agreement" means this written Agreement between the City and Blue Barrel Disposal, and all exhibits and documents, including Blue Barrel Dis- posal's Service Proposal, dated October 7, 2005, and all supplements to those respective pro- posals, goveming the provision of Temporary Bin and Roll -Off Solid Waste Services as pro- vided in this Agreement, See Section 24.J, below, C. `Bins" or "Solid Waste Bins" means those containers provided for the temporary accumulation and collection of Temporary Bin and Roll -Off Solid Waste from Premises. Bins are usually two or three cubic yards in size, or larger. D. `Bulky Goods" means large and small household appliances, furniture, carpets, mattresses, White Goods, oversized yard waste such as tree tianks and large branches if no lar- ger than two feet in diameter and four feet in length and similar large items discarded by Com- mercial service recipients. The term `Bulky Goods" does not include consumer electronics,, such as televisions, radios, computers, monitors, and the like. E. "City" means the City of Santa Clarita, California. PS -05-06-09 Temporary Bin and Roll -Off Boa Solid FSlostaAgreomentBetwern dre City'of Santa Clarlto and BIue riarrol Disposal OF.. "Construction and Demolition Materials" or "C&D Materials" means discarded building materials, "inert wastes" as defined in Public Resources Code § 41821.3(x)(1) (rock, concrete, brick, sand, soil, ceratriics and cured asphalt), recyclable construction and demolition materials, packaging, plaster, drywall, and rubble, resulting from construction, remodeling,'re- pair and demolition operations, but does not include asbestos -containing materials, Construc- tion and Demolition Materials, but not asbestos -containing materials, are within the scope of this Agreement, subject to the licensed contractor exception in Section 1.B, above. G. "Blue Barrel Disposal' means USA Waste of California; Inc., A Delaware corpo- ration, a party to this Agreement. H. "Franchise" means the exclusive light and privilege granted by this Agreement. L "Franchise Fee" means the fee or assessment imposed by the City on Blue Barrel Disposal because of its status as party to this Agreement and which, inter aria, is intended to offset the City's expenses in administering this Franchise and to compensate. City for damage to its streets, sidewalks, curbs and gutters and other infrastructure resulting from Blue Barrel Dis- posal's'exercise of this Franchise, the expenses of administering the program for the Temporary Bin and Roll -Off Solid Waste stream, reporting requirements under the Act and other related Oexpenses. O J. "Green Waste" or "Yard Trimmings" -means leaves, grass clippings, brush, branches and other forms of organic material's generated from maintenance or alteration of residential landscapes or gardens including, but not limited to, yard clipping's, leaves, tree trimmings, prunings, holiday trees free of flocking and metal, brush and weeds and incidental pieces of scrap lumber, separated -from other forms of Temporary Bin and -Roll -off Solid Waste. "Green Waste" does not include yucca or palm fronds, which are not suitable for com- posting. I�. "Gross Revenues" means any and all revenue or compensation in any form, de- riyed directly or indirectly, of Blue Barrel Disposal, USA Waste of California, Inc. or their sub- sidiaries, or other affiliates of Blue Barrel Disposal in which Blue Barrel Disposal or USA Waste of California, Inc, or either of them, has a financial interest, for the collection, transpor- tation, processing, recycling, diversion and disposal of solid waste pursuant to this Agreement, in accordance with Generally Accepted Accounting Principles, including, but mot limited to, monthly customer fees for collection of Temporary Bin and Roll -Off Solid Waste, without sub- tracting Franchise Fees or any other cost of doing business, but excluding revenues from the sale of Recyclable Materials and Recyclable Solid Waste. PS -05-06-09 Temporary Bin and Rall -Off Box Solid Waste Agreement Between the City of Santo Clarita and Blue Barrel Disposal T . " Ilazardous Waste" means any waste materials or mixture of wastes defined as a "hazardous substance" or "hazardous waste' pursuant to the Resource Conservation and Re- covery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Re- sponse, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq., the Carpen- ter -Presley -Tanner Hazardous Substance Account Act ("HSAA"), codified at California Health & Safety Code §§ 25300 et seq.; and all future amendments to any of them, or as defined by the California Integrated Waste Management Board, or the Department of Toxic Substances Con- trol, or a successor agency. If there is a conflict in the definitions employed by two or more agencies having.jurisdiction over hazardous or Solid Waste, the term "Hazardous Waste" shall be. construed to have the broader, more encompassing definition. M. "Premises" means all premises in the City, other than Single Family and Multi - Family Residences, where Temporary Bin and Roll -Off Solid Wastes are generated or accumu- lated. The term "Premises" includes, but is not limited to, stores; offices; restaurants; rooming houses; hotels; motels; industrial and manufacturing, processing, or assembly shops or plants; hospitals, clinics, convalescent centers and nursing homes (non-medical waste); federal, state, county and local governmental facilities, including, but not limited to schools, school district offices, special districts and water districts (to the extent authorized by law); but does not in- clude Single Family or Multi -Family Residences. N. . "Recyclable Material" means a commodity which is sold for compensation, or given away, but which is not discarded into the Commercial waste stream. A Recyclable Mate- rial which is discarded into Temporary Bin or a Roll -Off Box loses its character as a Recycla- ble Material and becomes Temporary Bin and Roll -Off Solid Waste subject to this Temporary Bin and Roll -Off Agreement. 0. "Roli•Off Box" or "Roll -Off Box Service" means solid waste containers, or ser- vice using containers with a capacity of 10 cubic yards, or more, including compactors. P. "Scavenging" means the unauthorized removal of Recyclable Solid Wastes. Scav- enging is prohibited by Public Resources Code § 41950. Q. "Temporary Bin Service" means Bin service provided to a premises on a tempo- rary, as -needed, basis in such a manner that no Bins belonging to a particular solid waste enter- prise, or any of its affiliates, remain on that premises for more than thirty consecutive days, or for more than 60 days of any consecutive 90 -day period in any calendar year. R. "Universal Wastes" means Universal Waste Electronic Devices (UWEDs), cathode ray tubes (CRTs) and other Universal Wastes, including, but not limited to non -empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other PS -05-05-09 Temporary Bin and Roll -Off DozSolid waste Agreement Botlyeen the City of Santa Clarity and Blue Bnrryl Disposal lamp exhibiting a.characteristic of a hazardous waste, batteries (rechargeable nickel -cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] allcahnb batteries, carbon -zinc batteries and any other bat- teries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury- containing switches, and any other Universal Wastes improperly designated by the then -- applicable regulations of the Department of Toxic Substances Control, or its successor agency.. Section 5. Compliance with Laws and Regulations Blue Barrel Disposal warrants that it shall comply with all applicable laws, including implementing regulations, as they may be amended, specifically including, but not limited to RCRA, CERCLA, the Act, the California Electronic Waste Recycling Act of 2003, as amended (SB 20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher, Chapter 863, Statutes of 2004; AB 575, Wolke, Chapter 59, Statutes of 2005), laws governing Universal Waste, including Univer- sal Waste Electronic Devices ("UWBDs"), and other Universal Wastes, including, but not lim- ited to non -empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (recharge= able nickel -cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alaim and emergency light batteries] alkaline batteries, carbon -zinc batteries and any other batteries which exhibit, the characteristic of a hazardous waste), mercury ther-. O mometers, mercury -containing switches, regulations and orders of the California Department of Toxic Substances Control, the California -Air Resources Board, the -California Integrated Waste Management Board, or their respective successor agencies, and all other applicable laws of the United States, the State of California, the County'of Los Angeles, ordinances of the City, the requirements of Local Enforcement Agencies and all other agencies' with jurisdiction. Section 6. Types and Frequency of Service A. Public Health and Safety • General. In order to protect the public health and safety, arrangements made by Blue Barrel Disposal with its service recipients within the City of Santa Clarita for the collection of Temporary Bin and Roll -Off Solid Waste shall provide for the collection of such waste generated or accumulated in Premises' within the City at least once every 30 days. B, Temporary Bin and Roil -Off Solid Waste Services, 1. Blue Barrel Disposal shall collect and remove all Temporary Bin and Roll - Off Solid Waste placed in Solid Waste Bins from all Premises within the City as often as necessary to prevent overflows and spillage from Bins. 2, Blue Barrel Disposal agrees to provide Bins to service recipients upon com- O mencement of service, PS -05-06.09 Temporary Bin and Roll -Off Box Solid WasteASreament Betrveen Are City of Santa Clarke mid Bluan=cl Disposal 3. Under no circumstances shall Blue Barrel Disposal be required to pick up the following: a) Solid Waste not placed in a Temporary Bin or Roll -Off box; b) Oil drums, grease drums and similar metal containers and containers with sharp, rough, or jagged edges; c) Large, heavy items not broken down, including without limitation, water Treaters, couches, refrigerators, stoves and large pieces of furni- ture; d) Hot ashes;, e) Hazardous Waste; f) Any other material or matter which is not Temporary Bin and Roll - Off Solid Waste as defined in this Agreement. C. Recycling Services, 1. Recyclable Solid Waste Collection. Blue Barrel Disposal shall collect, re- move and recycle all Recyclable Solid Waste placed in Temporary Bins and Roll -Off Boxes. Blue Barrel Disposal agrees to process Recyclable Solid Waste through a Materials Recovery Facility or other facility capable of di- verting C&D Materials in order to maximize the diversion of Temporary Bin and Roll -Off Solid Waste from landfilling. "Inert wastes" as defined in Pub- lic Resources Code § 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceram- ics and cured asphalt), shall be removed from the waste stream and not sent to disposal facilities. 1.5. Green Waste Collection. Blue Barrel Disposal shall collect, remove and re- cycle all Green Waste placed in Temporary Bins and Roll -Off Boxes. Blue Barrel Disposal shall use its best efforts to obtain maximum diversion credit, if available, for Green Waste. 2. Purchase of Recyclable Materials, Blue Barrel Disposal may offer services for the purchase of Recyclable Materials from its Temporary Bin and Roll - Off Solid Waste service recipients, but will not have any exclusive rights to SO. 10 PS -05-06-09 Temporary Bn; and Roll•Off Box Solid Waste AgreemontSahvean the City ol'sanin Clarita and Blue Barrel Disposal 3. Scavenging - Discouragement. Blue Barrel Disposal will take whatever, if any, legal actions (e.g., actions seeking to enjoin scavengers) which may, be appropriate and effective to discourage scavenging of Recyclable Solid Waste from the Temporary Bin and Roll -Off Solid Waste Stream. D. Hours of Collection. Blue Barrel Disposal agrees that, in order to protect the peace and quiet of residents of the City of Santa Claiita, Blue Barel Disposal's collection of Tempo- rary Bin and Roll -Off Solid Waste which is audible in residential areas shall not be. made be- tween the hours of 5 p.m. and 6 a.m. E. Collection on Holidays, Blue Barrel Disposal has informed City that no collections will occur on a day on which a legal holiday is observed by the landfill, transformation, transfer station, materials recovery facility, or Compostable, Materials Handling Facility destination of Temporary Bin and Roll -Off Solid Waste to be collected by Blue Barrel Disposal (presently New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day), F. Customer and Public Education Programs, Blue Barrel Disposal will develop and implement a Customer Education Plan for its Temporary Bin and Roll -Off Solid Waste O customers; The Costumer'Bducation Plan shall include information on recycling and the safe disposal of Hazardous Wastes and Uniyersal Wastes. G. Change lu Size or Number of Bins. By written or telephonic'request Service Re- cipients may request to exchange Roll -Off or Compactor Bins for larger or smaller Bins, and change the frequency of collection. Blue Barrel Disposal shall exchange Bins without charge. Section 7. Collection Equipment Al General. -Blue Barrel Disposal warrants •that it shall provide adequate numbers of vehicles and equipment, -as described in its proposal, for the collection, transportation, recycling and disposal services for which it is responsible under this Agreement. B. Noise. To protect peace and quiet in Commercial areas, the'noise level generated by coinpaction vehicles using compaction mechanisms during the stationary compaction process shall not exceed a single -event noise level of seventy-five (75) decibels (dBA) at a distance of twenty-five (25) feet from the collection vehicle measured at an elevation of five (5) feet above ground level. Blue Barrel Disposal shall submit to City a certificate of vehicle noise level test- %ing by an independent testing entity of any collection vehicles used by Blue Barrel Disposal in the• City of,Santa Claita which has been. the subject of more than one noise complaint within any twelve-month period. 11 ' PS -05-06-09 Tranporurr Bin and Roll -Off BOX Solid Waate Agreement Behveen the CltY of Santa Clarity and Blue Barrel Disposal. C. Compliance, Blue Barrel Disposal warrants that it will comply with all measures and procedures promulgated by all agencies with jurisdiction over the safe and sanitary opera- tion of all its equipment. D. Private Streets, AIleys and Parking Lots, Blue Barrel Disposal agrees to use its best efforts to prevent damage to private streets, alleys and parking lots over which its collec- tion equipment may be operated, and to obtain all required approvals for operation of its collec- tion vehicles on private streets, alleys and parking lots. E. Graffiti, Blue Barrel Disposal agrees to maintain all its equipment, including Bins and Roll -Off Boxes, used in the City free of graffiti or "tagging" and to remove or paint over tagging or graffiti from any of its Bins or other collection equipment within 24 hours (Sundays and Holidays excepted) of notification by the City or a service recipient. See also § 22.E. F, "Hazardous Waste Disposal Prohibited" Markings. Blue Barrel Disposal agrees to post each Bin' and Roll -Off Box placed in the City with conspicuous signs warning that the disposal of Hazardous Waste in Bins is prohibited. See also § 22.E. G. Bin Markings, Each Bin placed in.the City by Blue Barrel Disposal will be. marked with Blue Barrel Disposal's name, telephone number and a unique Bin number, by bar code. or other means. For each Bin placed in the City by Blue Barrel Disposal, Blue Barrel Disposal shall provide the Bin number to the service recipient and to the City. The City's copy of the list of Bin numbers shall include the name and address of the service recipient authorized to use each Bin. See also § 2231 H,Bins: Lids, Replacement; Removal, Blue Barrel Disposal shall ensure that all its Temporary Bins in the City of Santa Clarita are equipped with operable lids, and, upon cus- tomer request, locks or hasps permitting the use of locks. Upon the request of the service re- cipient or City, Blue Barrel Disposal shall replace or repair damaged, broken or unsightly Bins. Blue Barrel Disposal shall remove Temporary Bins and Roll -Off Boxes from premises at which service has been discontinued within five collection days after receipt of notification that ser- vice has been discontinued. Section 8. Privacy A. General. Blue Barrel Disposal shall observe and protect the rights of privacy of ser- vice recipients. Information identifying individual service recipients, or the composition or con- tents of a service recipient's Temporary Bin and Roll -Off Solid Waste shall not be revealed to any person, governmental unit, private agency or company, unless upon the authority. of a court of law, by statute, or upon valid authorization of the service recipient. This provision shall not 12 PS -05-06-09 Temporary Bln Mid R'oU•OffBox Solid waste AgrechibntBehveetl the MYofSanta Clarke and Blue Bcrrcl Dlspasal i i Obe construed to preclude Blue Barrel Disposal from preparing, participatmg in, or' assisting in the preparation of waste, characterization studies or waste stream analyses which may be re- quired by the Act, or preparing and distributing public awareness materials to service recipi- ants. B, Mailing Lists. Blue Barrel Disposal shall not market or distribute mailing lists with the names and addresses of service recipients. C, Privacy Rights Cumulative. The rights accorded service recipients pursuant to this Section shall be in addition to any other privacy rights accorded service recipients pursuant to federal or state law. Section 9. Service Exceptions; Hazardous and Universal Waste Notifications A. Failure or Refusal to Collect. When Temporary Bin and Roll -Off Solid Waste is not collected from any Temporary Bin or Roll -Off Solid Waste Service Recipient, Blue Barrel Disposal shall notify that Service Recipient in writing, at the time collection is not made, by use of a tag or otherwise, why -the collection was not made, OB. Hazardous and Universal Waste Inspection, Diversion and • Reporting. Blue Borrel Disposal reserves the right and has the duty under law, to inspect Temporary Bin and Roll -Off Solid Waste put out for collection and to reject Temporary Bin and Roll -Off Solid Waste observed to be contaminated with Hazardous Waste. Should Blue Barrel Disposal find or observe reportable quantities of Hazardous Waste put out for collection with Temporary Bin and Roll -Off Solid Waste, Blue Barrel Disposal shall notify all agencies with jurisdiction, in- cluding the California Department 'of Toxic Substances Control and Local Emergency Re- sponse Providers and, if appropriate,'the.National Response Center, of reportable quantities of Hazardous Waste, found or observed in Temporary Bin or Roll -Off Solid Waste observed or collected anywhere within the City. Blue Barrel Disposal shall handle Universal Waste Elec- tronic Devices (UWEDs) and cathode ray tubes -(CRTs) and other Universal Wastes, including, but not limited to non -empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapoT lamps, and any other lamp exhibiting a characteristic of a hazardous waste, bat- teries ,(rechargeable nickel -cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries, [burglar alarm and emergency light batteries] alkaline batteries, car- bon -zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury -containing switches, and any other Universal Wastes improperly disposed of into the Residential Solid Waste stream in a manner consistent with the then -applicable regulations of the Department of Toxic Substances Control, or its successor O agency. In addition to other required notifications, if Blue Barrel Disposal obseives any sub= stances which it or its employees reasonably believe or suspect to contain Hazardous Wastes 13 PS -D6-06-09 Temporary Bin and RallAtr Boz Solid waste Agreement Bahvam ti,e City of Sante Clarity mid Blue Barrel DiapoSal unlawfully disposed of or released on City property, including storm drains, streets or other public tights of way, Blue Barrel Disposal shall notify the City Manager, or the City Manager's designee immediately. C. Hazardous and Universal Waste Diversion Records, Blue Barrel Disposal shall maintain records showing the types and quantities, if any, of Hazardous and Universal Wastes found in Temporary Bin or Roll -Off Solid Waste and which was collected from service recipi- ents within the City, but diverted from landfilling, and the diversion addresses. Section 10. Customer Service A. Office Hours. Blue Barrel Disposal has represented to City that Blue Barrel Dis- posal's arrangements for the collection of Temporary Bin and Roll -Off Solid Waste from prem- ises in the City of Santa Clatita will include Blue Barrel Disposal's agreement to maintain an office accessible by telephone. The City understands, but does not require, that Blue Barrel Disposal's office hours are from 7 a.m. to 5:30 p.m. daily, except Saturdays,. Sundays and holi- days. Blue Barrel Disposal shall have the capability of responding to Service Recipients in English, Spanish, Telecommunications Device for the Deaf Service and other languages rea- sonably necessary for communication with service recipients. B. Service Complaints; Missed Collections. City and Blue Barrel Disposal agree that the protection of public health, safety and well-being require that'service complaints be acted on promptly and that a record be maintained in order to permit City and Blue Barrel Disposal to identify potential public health and safety problems. Accordingly, Blue Barrel Disposal shall inform all Temporary Bin and Roil -Off Solid Waste Service recipients that all service recipi- ents' complaints shall be directed to Blue Barrel Disposal. Blue Barrel Disposal shall record all complaints, including date, time, complainant's name and address (if the complainant is willing to give this information) and the nature and date and manner of resolution of complaint, in a computerized daily Service Complaint Log. Any such calls received via Blue Barrel Disposal's answering service shall be recorded in the log and responded to not later than the next collec- tion day on that route. The Service Complaint Log shall be, available for review by City mpre- sentatives during Blue Barrel Disposal's office hours and be available for transmission to City as an -attachment to e-mail. Blue Barrel Disposal shall provide a copy of this Service Complaint Log to the City with the Quarterly Reports. In the case of a complaint of a missed collection, Blue Barrel Disposal shall make the collection on the day of the call if the call is received before one p.m. and on the next collection .day if the complaint is received after one p.m. 14 PS -05-06-09 0 TemporarpBinaad Roll -Off Box &alld Waste Agreament Bebversi the City of seats Clarita and Blue Barrel Disposal OSection 11. Ownership of Solid Waste VI Ownership and the Light to possession of Temporary Bin and Roll -Off Solid Waste placed for collection shall transfer directly from the service recipient to Blue Barrel Disposal, by operation of law and not by virtue of this Agreement. At no time does the City obtain any right of ownership or possession of Temporary Bin and Roll -Off Solid Waste or any Hazardous• Waste illicitly placed for collection in a Bin, and nothing in this Agreement shall be construed as giving rise to any 'inference that City has any such lights. Section 12. Marketing and Diversion of RecyclableSolid Wastes Blue Barrel Disposal agrees to market all Recyclable Solid Wastes collected from Commercial recycling programs developed pursuant to this Agreement at their reasonable fair market value, if a fair markBt value has been established in the marketplace at the time of mar- keting. Blue Barrel Disposal agrees to divert all Temporary Bin and Roll -Off Solid Waste from disposal in landfills or transformation facilities, to the extent feasible, and to obtain maximum diversion credit. ' ' Section 13. Billing A. Billing and Payment, Blue Barrel Disposal shall bill all service recipients. Bills to Temporary Bin and Roll -Off Solid Waste service recipients shall be itemized, showing charges for each classification of service, but shall not designate that.portion of the -bill attributable to the Franchise Fee as a separate item. Blue Barrel Disposal agrees to include all applicable fees imposed by action of the City Council, including, but not limited to fees for compliance with the Act in its bilis submitted to service recipients, Billing may be monthly, bimonthly or quar- terly, in advance, as Blue Barrel Disposal and service•recipients may agree, B. Delinquent Accounts. Blue Barrel Disposal may discontinue service as set forth in this section. Service recipients who have not remitted required payments within 30 days after the date of billing shall be notified in writing (or by electronic mail if the service recipient ab ees) by Blue Barrel Disposal. The notification shall contain a statement that services may be discontinued and Bins removed 15 Clays from the date of notice if payment is not made before that time, Upon receipt of the delinquent payment, Blue Barrel Disposal shall resume collection on the next regularly scheduled collection day. C. Refunds. Blue Barrel Disposal shall refund to each service recipient, on a pro rata O basis, any advance service payments made by such service recipient for service not yet pro- vided when service is discontinued by the service recipient. 15 PS -05-06-0° Temporary Bin and Roll -Off Box Solid Waste Agreement Between the City of Saha Carlin and Blue Barre] Disposal D. Franchise Fee. Each month during which Blue Barrel Disposal provides collection services pursuant to this Agreement, Blue Barrel Disposal shall pay to City a Franchise.Fee. The Franchise Fee shall be five percent of Gross Revenues, collected during each month of the term of this Agreement during which collection services were provided. This Franchise Fee shall be, paid by noon on or before the 15th calendar day after the and of each calendar month during which collection services were provided pursuant to this Agreement. Accompanying each monthly payment shall be an accounting of the Gross Revenue's for the con-esponding month. Failure of Blue Barrel Disposal to make any payment within the appropriate time period shall result in interest accruing thereon at the maximum rate permitted under California law, in addition to all other remedies of City pursuant to this Agreement. Section 14. Blue Barrel Disposal's Books and Records; Andits A. In addition to the requirements of Sections 9.C, above, and 16.H and 17.H, below, Blue Barrel Disposal shall maintain all records relating to the services provided hereunder, in- cluding, but not limited to, all costs included in the Collection and Disposal Components, cus- tomer lists, billing records, maps, records substantiating the information furnished by Blue Bar- rel Disposal to City pursuant to Section 16 of this Agreement and service recipient complaints for the period during which collection services are to be provided pursuant to this Agreement and an additional period of not less than three (3) years, or any longer period required by law. The City shall have the right, upon five (5) business days advance notice, to inspect, copy and audit all records relating to this Agreement, including, but not limited to, service recipient lists, billing records, maps, and customer complaints. Such records shall be made available to City at Blue Barrel Disposal's regular place of business, or other place agreed to by City and Blue Bar-. rel Disposal, within the County of Los Angeles. B. Should any examination or audit of Blue Barrel Disposal'srecords reveal an under- payment of any fee required to be paid to City under this Agreement, the amount of such un- derpayment, plus interest at the maximum rate permitted under California law, shall become due and payable to City not later than thirty days after written notice of such underpayment is provided to Blue Barrel Disposal by City. Should an underpayment of more than one percent (101o) be discovered, Blue Barrel Disposal shall bear the entire cost of the examination or audit. Section 15. Integrated Waste Management Act; Reporting Requirements A. Blue Barrel Disposal•City Cooperation. Blue Barrel Disposal shall cooperate with City in Temporary Bin and Roll -Off Solid Waste Disposal Characterization Studies and waste stream audits and shall implement measures adequate to achieve the diversion goals set forth in its proposal. (See also Sections 173, 20.8.7 and 22.C, below.) During the period during which collection services are to be provided pursuant to this Agreement, Blue Barrel Disposal, at no expense to City, shall submit to City all relevant information and reports required to meet the 16 PS -05-06.09 Temporary Bin and Roll -Off Box Solid W9ate AFeemGd Between the City Of Santa Clarity and Blue Barrel Disposal Oreporting obligations imposed by the CIWMB under the Act, as amended. Blue Barrel Disposal agrees to submit such reports and information by email or on computer discs, in a format ac- ceptable to City at no additional charge, if requested by City. B. Change in AB 939. This Agreement is part of City's efforts to comply with the provisions of the Act as it may be amended and as implemented by the >:-egulations of the Cali-, forma Integrated Waste Management Board, or its successor agency, as they may be amended, and the City's Source Reduction and Recycling Component, as it may be amended. In the event that the Act or other state or federal laws or regulations enacted or amended after. this Agree- ment has been executed, prevent or preclude compliance with one or more provisions of this Agreement, or significantly increase or decrease Blue Barrel Disposal costs, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or.federal laws or regulations. Section 16. Activities and Financial Reports; Adverse Information Quarterly Reports. Blue Barrel Disposal, at no additional expense, shall submit to.the City such information or reports in such forms and at such: times as the City reasonably may request or require, -including, but not limited to the following, submitted not less often than as Oindicated: 1. Ouarterly Reuoits. Quarterly Reports shall be submitted to City, transmitted in a format acceptable to City, as an attachment to e-mail or by disc, at City's option. Quarterly Reports shall include the following: a) Solid Waste Tonnage and Comblaints. (1) The quarterly report shall show the number of tons collected each month and the tonnage delivered to disposal facilities, itemized by disposal facility. A copy of the customer com- plaint log shall be submitted with the quarterly report not later than fifteen days after the close of the calendar quarter. b) Recyclable Solid Waste: (1) A statement showing, by type of material.tons received dur- ing the month and tons 'marketed during each month. O (2) A report providing recycling information and the number of service recipients participating. 17 PS -05.06-09 Temporary Bin and Roll -Off NX Soad Waste ASrreement BehymIthe City of Smrta Clarita and Blue Barrel Disposal (3) A narrative description of problems encountered and actions taken, including efforts to deter and prevent Scavenging. This is to include a description of tons rejected for sale after proc- essing (type of material, tonnage), reason for rejection and Blue Barrel Disposal's disposal method for the rejected mate- rials. (4) A report of recycling program promotional activities, includ- ing materials distributed by Blue Barrel Disposal to its ser- vice recipients. c) Inert Wastes Diversion Reports. A report of "inert wastes" (rocky concrete, brick, sand, soil, ceram- ics and cured asphalt) removed from the waste steam and not dis- posed of in a solid waste landfill, but instead, placed on property where surface mining operations are being or have been conducted, and wbich may be deducted from the amount of solid waste re- quired to be reported by the City to the CIWMB. See Public Re- sources Code § 41821.3.(b). d) Hazardous and Universal Waste Diversion Reuorts: A copy or summary of the records required by Section 9.C, above. e) Certification: Blue Barrel Disposal will provide a certification statement, under penalty of perjury, by the responsible corporate offi- cial, that the report is true and correct. B. Annual Report. By January 31st, beginning in 2007 and each year thereafter that collection services are provided pursuant to this Agreement, Blue Barrel Disposal shall submit to City a written year-end Annual Report in a form approved by the City. The Annual Report shall include the following information for the year ending on.the preceding December 31st: . 1. General Information. General information about Blue Barrel Disposal, in- cluding a list of Blue Barrel Disposal's officers and members of its board of directors. A copy of Blue Barrel Disposal's most recent annual and other pe - 18 PS -05-06-09 Tmuporary Bin and Roll.O f Box Solid waste AgreemeutBeheean the City of Santa Clarity and Blue Barrel Disposal riodic public financial reports and those of each of its subsidiaries and affili- ated corporations and other entities if any, Performing services under this Agreement, as the City, following consultation with Blue Barrel Disposal, may request. 2. Prior Year's Activities. A cumulative summary of the Quarterly Reports and information and statistics with respect to City's compliance with AB 939, Recommendations. Changes in integrated waste management, including pro- jections and proposed implementation dates and costs,. recommended by Blue Barrel Disposal and recommended amendments to the City's Source Reduction and Recycling Component or this Agreement, based on develop- ments in applicable law or technology. Blue Barrel Disposal's recommenda- tions with respect to compliance with AB 939 shall state the specific re- quirement of AB 939 that the implementation of the recommendation is in- tended to satisfy. C. Reporting Additional Matters, Blue Barrel Disposal shall provide City two copies (one to the City Manager, one to the City Attorney) of all correspondence, reports, pleadings, applications, notifications, Notices of Violation, communications or other material relating spe- O cifically to Blue Barrel Disposal's performance of services pursuant to this Agreement, submit- ted by Blue Barrel Disposal to, or received by Blue Barrel Disposal from, the United States or California Environmental Protection Agency, the California Integrated Waste Management Board, or its successor agency, the California Air Resources Board, the.South Coast Air Qual- ity Management District, any California Regional Water Quality Control Board, the California Department of Toxic Substances Control, or its successor, the Fair Political Practices Commis- sion, the cognizant Local Enforcement Agency, or its successor, the Securities and Exchange Commission or any other federal, state or county agency, including any federal or state court. Copies shall be submitted to City simultaneously with Blue Barrel Disposal's filing or submis- sion of such matters with said agencies. Blue Barrel Disposal's routine correspondence to said agencies need not.be routinely submitted to City, but shall be made available to City upon writ- ten request. D. Submission of Reports. Reports shall be submitted to: City Manager City of Santa Claita 23920 Valencia Blvd., Suite 300 Santa Clarita, California 91355 B. failure to Report. The refusal or failure of Blue Barrel Disposal to file any rer _ quired reports, or to provide required information to City, or the inclusion of any materially Ufalse or misleading statement or representation by Blue Barrel Disposal in such report shall be deemed a material breach of the Agreement and shall subject Blue Barrel Disposal to all reme- 19 PS -05 -OS -09 Temporary Bin and Roll•Off Box Solid waste Agreement Between tUe Cay of Santo Clorits and Blue Barrel Disposal dies which are available to the City under the Agreement; provided, that the City must follow the dispute resolution provisions of this Agreement before declaring any material breach. F. Costs. All reports and records required under this Agreement shall be furnished at the sole expense of Blue Barrel Disposal. G. City's Right to Request Information. The City believes and Blue Barrel Disposal agrees that cooperation between City and Blue Barrel Disposal is critical to the success of this program. City reserves the right to request, and Blue Barrel Disposal agrees to provide, addi- tional information reasonably and directly pertaining to this Agreement on an "as -needed" ba- sis. H. CERCLA Defense Records. City views the ability to defend against CBRCLA and related litigation as a matter of great importance. For this reason, the City regards the ability to prove where solid waste attributed to sources within the City was taken, as well as where it was not taken, to be matters of concern. Blue Barrel Disposal shall maintain data retention and preservation systems, which can establish where solid waste collected in the City pursuant to this Agreement was landfilled (and therefore establish where it was not landfilled) and a copy or summary of the reports required by Section 9.C, above, for fifty years after -the term during which collection services are to be provided pursuant to this Agreement and to notify City's Risk Manager and City Attorney before destroying such records. This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement. Section 17. Indemnification and Insurance A. Indemnification. Blue Barrel Disposal, upon demand of the City, made by and through the City Attorney, shall protect City and appear in and defend the City and its elected officials, officers, employees and -agents, in any claims or actions by third parties, whether judi- cial, administrative or otherwise, including, but not limited to disputes and litigation over the definitions of "solid waste" or "Recyclable Material" or the limits of City's authority with re- spect to the grant of Licenses, or agreements, exclusive or otherwise, asserting lights under the dormant Commerce Clause or any other federal or state law, including, but not limited to the anti-trust laws, and continuation rights, with respect to the provision of Solid Waste services in the City pursuant to this Agreement. This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement. City and Blue Barrel Disposal agree to confer following any trial to decide jointly whether to appeal or to oppose . any appeal. In the event City and Blue Barrel Disposal agree to appeal, or to oppose any appeal, City and Blue Barrel Disposal agree to share equally the costs of appeals, Should either City or Blue Barrel Disposal decide to appeal, or to oppose an appeal, and the other decide not to ap- 20 PS -05.06-09 Temparary Bin and Ro11.0ff Bdr Mid WMb AL9reeiiidnt Bet wedd'tlie City ofaanta Clarita avd Blue Barrel Disposal Opeal, or to oppose an appeal, the party which decides to appeal, or to oppose an appeal, shall bear all fees and costs of the appeal or the opposition to the appeal. B. Environmental Indemnification and Compllance.'Blue Barrel Disposal shall in- demnify, defend, protect and hold harmless City, its elected officials, officers, employees, vol- unteers, agents, assigns and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natu- ral resources damages, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges; penalties and expenses (including but .not limited to attor- neys"and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any land whatsoever paid, incurred or suffered by, or asserted against, City or its elected officials, officers, employees, volunteers or agents arising from or attributable to any repair, cleanup or detoxification, or preparation and imple- mentation of any removal, remedial, response, closure or other plan (regardless of whether un- dertaken due to governmental action) concerning any Hazardous Waste in any Solid Waste col- lected by Blue Barrel Disposal pursuant to this Agreement, which is or has been transported, transferred, processed, stored, disposed of or which has otherwise come to be located by Blue Barrel Disposal, or, its activities pursuant to this Agreement result in a release of a Hazardous OWaste into the environment. . Blue Barrel Disposal further agrees to indemnify, defend, protect and hold harmless City, its elected officials, officers, employees, volunteers, agents, assigns and any successor or successors io City's interest fzom and against all losses, liabilities, claims, actual damages (in- cluding but not limited to special and consequential damages), demands, debts, liens, causes o£ action, suits, legal or administrative proceedings, interest, fines, charges, penalties and ex- penses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any land whatsoever paid, incurred or suffered by, or asserted against, City or its elected officials; officers, employees, volunteers or agents arising. from or attributable. tor any failure by Blue Barrel Disposal to fully comply with all applicable laws and regulations with respect to the op- eration of its collection vehicles, including, but not limited to applicable rules governing clean - burning and alternative fuel vehicles. I C. Effect of Environmental Indemnification. This indemnity is intended to operate as an agreement pursuant to § 107(e) of the Comprehensive Environmental Response, Com- pensation and Liability Act, "CERCLA," 42 U.S.C. § 9607(e), and California Health and Safety Code' § 25364, to defend, protect, hold harmless and indemnify City from all forms of ! liability under CERCLA, RCRA, other statutes or common law for any and all matters ad- dressed in Section 17.B. This provision shall survive the expiration of the'period during which collection services are to be provided under this Temporary Bin and Roll -Off Agreement. 21 PS -05.06.09 D. Compliance with Laws. Blue Barrel Disposal warrants that it will comply with all applicable laws and implementing regulations, as they may be amended, specifically including, but not limited to RCRA, CERCLA, AB 939, the California Electronic Waste Recycling Act of 2003, as amended (SB20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher, Chapter 863, Stat- utes of 2004) and all other applicable laws and regulations of the U.S. Environmental Protec- tion Agency, the State of California, the County of Los Angeles, the California Air Resources Board, the South Coast Air Quality Management District, the California Integrated Waste Management Board, the California Department of Toxic Substances Control, ordinances of the City and the requirements of Local Enforcement Agencies and all other agencies with jurisdic- tion. E. Diversion Performance Levels; Indemnification. Blue Barrel Disposal agrees to meet the diversion levels set forth in its proposal for the waste stream covered by this Agree-. ment. Blue Barel Disposal agrees that failure to achieve that diversion level or other applicable diversion requirements of the California Integrated Waste Management Board, ("CIWIA3"), or its successor agency, shall be a material breach of this Agreement. In the event of a determina- tion by the CIWMB or City that City has failed or will fail to meets its diversion goal perform- ance level, Blue Barrel Disposal shall have an opportunity to cure the material brach. See also § § 15.A, above, and 20.E.7 and 22.C, below. F. Workers' Compensation Insurance. Blue Barrel Disposal shall obtain and main- tain in full force and effect throughout the entire term of this Agreement full workers' compen- sation insurance in accord with the provisions and requirements of the Labor Code of the State of California. Copies of policies and endorsements that implement the required coverage shall be, filed and maintained with the City Cleric throughout the term of this Agreement. The policy providing coverage shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty days' prior written notice by certified mail, return receipt requested, has been given to City. The policy shall also be amended to waive all rights of subrogation against the City, its elected or appointed officials, employees, or agents for losses which arise from work performed by the named insured for the City. G. Liability and Vehicle Insurance. Blue Barrel Disposal shall obtain and maintain in full force and effect throughout the entire term of this Agreement a Broad Form Comprehen- sive General Liability (occurrence) policy (form CG 0001) and a Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability, Code 1(any auto) policy with minimum limits of TWO MILLION DOLLARS ($2,000,000.00) aggregate and ONE MIL- LION DOLLARS ($1,000,000.00) per occurrence, per year. Said insurance shall protect Blue Barrel Disposal and City from any claims for damages for bodily injury, including accidental death, as well as from any claims for property damage which may arise from this Agreement. Copies of the policies and endorsements evidencing the above required insurance coverage 22 PS -05-06-09 Temparary Bin and non -off Box Solid Waste Agreement Between the City of Santa Clarlta and Blue Barrel Disposal D. Compliance with Laws. Blue Barrel Disposal warrants that it will comply with all applicable laws and implementing regulations, as they may be amended, specifically including, but not limited to RCRA, CERCLA, AB 939, the California Electronic Waste Recycling Act of 2003, as amended (SB20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher, Chapter 863, Stat- utes of 2004) and all other applicable laws and regulations of the U.S. Environmental Protec- tion Agency, the State of California, the County of Los Angeles, the California Air Resources Board, the South Coast Air Quality Management District, the California Integrated Waste Management Board, the California Department of Toxic Substances Control, ordinances of the City and the requirements of Local Enforcement Agencies and all other agencies with jurisdic- tion. E. Diversion Performance Levels; Indemnification. Blue Barrel Disposal agrees to meet the diversion levels set forth in its proposal for the waste stream covered by this Agree-. ment. Blue Barel Disposal agrees that failure to achieve that diversion level or other applicable diversion requirements of the California Integrated Waste Management Board, ("CIWIA3"), or its successor agency, shall be a material breach of this Agreement. In the event of a determina- tion by the CIWMB or City that City has failed or will fail to meets its diversion goal perform- ance level, Blue Barrel Disposal shall have an opportunity to cure the material brach. See also § § 15.A, above, and 20.E.7 and 22.C, below. F. Workers' Compensation Insurance. Blue Barrel Disposal shall obtain and main- tain in full force and effect throughout the entire term of this Agreement full workers' compen- sation insurance in accord with the provisions and requirements of the Labor Code of the State of California. Copies of policies and endorsements that implement the required coverage shall be, filed and maintained with the City Cleric throughout the term of this Agreement. The policy providing coverage shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty days' prior written notice by certified mail, return receipt requested, has been given to City. The policy shall also be amended to waive all rights of subrogation against the City, its elected or appointed officials, employees, or agents for losses which arise from work performed by the named insured for the City. G. Liability and Vehicle Insurance. Blue Barrel Disposal shall obtain and maintain in full force and effect throughout the entire term of this Agreement a Broad Form Comprehen- sive General Liability (occurrence) policy (form CG 0001) and a Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability, Code 1(any auto) policy with minimum limits of TWO MILLION DOLLARS ($2,000,000.00) aggregate and ONE MIL- LION DOLLARS ($1,000,000.00) per occurrence, per year. Said insurance shall protect Blue Barrel Disposal and City from any claims for damages for bodily injury, including accidental death, as well as from any claims for property damage which may arise from this Agreement. Copies of the policies and endorsements evidencing the above required insurance coverage 22 PS -05-06-09 Tanporary B nand Roll -Off Bax Solid Waste AgreemaitBetween the City of Snato Clarlta mid Blue Barrel Disposal shall be filed with the City Cleric. The following language is required to be made a part of all of . the insurance policies required by this Section.- "The ection: "The City of Santa Clarita, its employees, agents, franchisees and officers, are hereby added as insureds as respects to liability arising out of activities performed by or on behalf of Blue Barrel Disposal "This policy shall be, considered primary insurance as respects any other valid and collectible insurance the City may pos- sess including any self-insured retention the City may have and any other insur- ance the City does possess shall be, considered excess insurance and shall not con- tribute with it." "This policy shall act for each insured, as though a separate policy had been writ- ten for each. This, however, will not act to increase the limit of liability of the in- suring company." 'Ibirly days' prior written notice by certified mail, return receipt requested, shall be, givan to the City in the event of suspension, cancellation, reduction in cover- age or in limits or non -renewal -of this policy for whatever reason. Such notice Oshall be sent to the City Manager, City Attorney. and City Cleric." The insurance required by this Agreement shall be with insurers which are Best A: VII -rated and which are California -admitted. The limits of such insurance coverage, and companies, shall be subject to review and approval by the City's Risk Manager every year and may be increased at that time and match the coverage provided by the City's own liability insurance policy. The City shall be included as a named insured on each of the policies. The insurance required by this Agreement is in addition to and not in lieu or limitation of the indemnification provisions -in"Section 17.A,17.B'and 17.Cr above. H.. Rvidenice of Insurance Coverage; Insurance Repository. Contemporaneously with the execution of this Agreement, Blue Barrel Disposal shall file copies of the policies or executed endorsements evidencing the above required insurance coverage witli the City Clark. In addition, City shall have the right of inspection of all insurance policies required by this Agreement. Blue Banal Disposal also agrees to establish an insurance policy repository and to maintain copies of insurance policies required pursuant to this Agreement for one hundred years (100 years) after the end of the term during which collection services were provided pur- suant to this Agreement. Blue Barrel Disposal shall notify City's Risk Manager and City Attor- ney before destroying copies of such -policies. This provision shall survive the expiration of the period during which collection services are to be provided under: this Agreement. 23 PS -05-06-09 Temporary Bin and Roll•Off Bax Solid WasteAgrownent Between the Ctty of Santa Clarity and Blue Barrel Disposal I. Self -Insurance. To the extent provided bylaw, all or any part of any required insur- ance may be provided under a plan of self-insurance approved by the State of California. J. Reduction of CERCLA and Other Liability. City and Blue B arrel Disposal agree to meet annually in the fourth calendar quarter of each year to discuss ways to reduce potential CBRCLA and other liabilities to third parties. Section 18. Cash Bonds. Concurrent with the execution of this Agreement, Blue Barrel Disposal shall deposit with City a cash deposit or an irrevocable letter of credit or other such document (the "Cash Bond"), from an institution satisfactory to City, in a form satisfactory to City's Risk Manager and City Attorney, evidencing an irrevocable commitment to City, in the amount of TWENTY THOUSAND DOLLARS ($20,000.00), guaranteeing Blue Barrel Disposal's faithful perform- ance of the terms of this Agreement, Such Cash Bond shall be maintained in effect throughout the period during which collection services are to be provided pursuant to this Agreement. A. Upon Blue Barrel Disposal's failure to pay the City an amount owing under this Agreement, the Cash Bond may be assessed by the City, for purposes including, but not limited to: 1, Failure of Blue Barrel Disposal to pay the City sums due under the terms of the Agreement; 2. Reimbursement of costs borne by the City to correct Agreement violations not corrected by Blue Barrel Disposal, after due notice; 3. Monetary remedies or damages assessed against Blue Barrel Disposal due to breach of this Agreement; or 4. To satisfy an order of the referee B. Blue Barrel Disposal shall deposit a sum of money or a replacement instrument suf- ficient to restore the Cash Bond to the original amount within thirty days after notice from the City that any amount has been withdrawn from the Cash Bond. Co All of City's costs of collection and enforcement of the provisions relating to the Cash Bond called for by this Section,, including City's attorneys' fees and costs, shall be paid by Blue Barrel Disposal 24 " PS -05-06-09 Tomporari Bla and Roli-off Box Solid Waste Agreement Bet%vaea ate City of Santa Clarlm and Blue Barret Disposal •Section 19. Emergency Service A, Should Blue Barrel Disposal, for any reason whatsoever, except the occurrence or existence of any of the events or conditions set forth in Section 24.A, "Force Majeure," below, refuse or be unable for a period of more than forty-eight (48) hours, to collect a material portion or all of the Temporary Bin and/or Roll-Off Solid Waste, or both, which it is obligated under this Agreement to collect, and as-a result, Temporary Bin and Roll-Off Solid Waste should ac- cumulate, in City to such an extent, in such a manner, or for such a time that the City Manager, in the exercise of the City Manager's sole discretion, should find that such accumulation en- dangers or menaces the public health, safety or welfare, then City shall have the right to con- tract with another solid waste enterprise to collect and transport any or all Temporary Bin and Roll-Off Solid Waste which Blue Barel Disposal is obligated to collect and transport pursuant to this Agreement. City shall provide twenty-foto (24) hours prior written notice to Blue Barrel Disposal during the period of such emergency, before contracting with another solid waste en- terprise'to collect and transport any or all Temporary Bin and Roll-Off Solid Waste which Blue Barrel Disposal would otherwise collect and transport pursuant to this Agreement, for the dura- tion of period during which Blue Barrel Disposal is unable to provide such services. In such event Blue Barrel Disposal shall identify sources from which such substitute solid waste ser- vices.are immediately available, and shall reimburse City for all of its expenses'for such substi- O tote services during period in which Blue Barrel Disposal is unable to provide collection and transportation' services required by this Agreement. See also § 24.A, below. B: Blue Barrel Disposal shall assist City in the event of terrorist attack or major disas- ter, such as an earthquake, storm, riot or civil disturbance, by providing collection vehicles and drivers normally assigned to the City, at Blue Barrel Disposal's actual costs. Disputes with re- spe.ct to Blue Barrel Disposal's emergency services or the costs of those services shall be re- solved according to the dispute resolution provisions of Sections 20 and 21 of this Agreement. Blue Borrel Disposal shall cooperate with City, county, state and federal officials in filing in- formation related to a regional, state or federally -declared state of emergency or disaster or ter- rorist attack as to which Blue Barrel Disposal has provided equipment and drivers pursuant to this Temporary Bin and Roll -Off Agreement. Section 20. Administrative, Remedies; Imposition of Damages; _Termination A. Notice; Response; Resolution; Appeal. 1. Notice of Deficiencies: Response. if City's Environmental Services Division Manager, or the Manager's designee (collectively, the "Manager") deter- mines that Blue Barrel Disposal's peiiormance. pursuant to this Agreement may not be in conformity with the provisions of this Agreement, the Califor- nia integrated Waste Management Act (including, but not limited to, re - Pk PS -05-06-09 . Temporary Bin mrd Roll -Off Bax Solid Waste Agreement Between the City of Santa Cinrita and Blue Barrel DrsPasai quirements for diversion, source reduction and recycling as to the waste stream subject to this Agreement) or any other applicable federal, state or lo- cal law or regulation, including but not limited to, the laws governing trans- fer, storage or disposal of solid and Hazardous Waste, the Manager may ad- vise Blue Barrel Disposal in writing of such suspected deficiencies, specify- ing the deficiency in reasonable detail. The Manager, in any written Notifi- cation of Deficiencies, shall set a reasonable time within which Blue Barrel Disposal is to respond. Unless the circumstances necessitate correction and response within a shorter period of time, Blue Barrel Disposal shall correct any deficiencies it agrees have occurred and in any event shall respond to the written Notification of Deficiencies within thirty days from the receipt by Blue Barrel Disposal of such written notice, Blue Barrel Disposal may re- quest additional time to correct deficiencies. City shall approve reasonable requests for additional time. Tempornry.Bin aed Roll•Of!'Box Solid weste Agreement Between am City of•santz Clarita and Blue Barrel Disposal 2. Review by Manager; Notice of Appeal. a) The Manager shall review any written response from Blue Barrel Disposal and decide the matter, If the Manager's decision is adverse to Blue Barre] Disposal, the Manager may order remedial actions to cure any deficiencies, assess the Cash Bond or invoice any other rem- edy in accordance with this Agreement and, in the event the Manager determines that there has been a material breach and that termination is the appropriate remedy, terminate the Agreement. The Manager shall promptly inform Blue Barrel Disposal of the Manager's deci- sion. In the event the dec]'sion is adverse to Blue Barrel Disposal, the Manager shall inform Blue Barrel Disposal, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the ,Agreement or other laws for the Manager's decision and .any remedial action taken or ordered. An adverse decision by the Man- ager shall be final and conclusive unless Blue Bairel Disposal files a "Notice of Appeal" with the City Clerk (with copies to the City Man- ager and. City Attorney) within 30 days of receipt of the notification of the adverse decision by the Manager. Ob) In any "Notice of Appeal" Blue Barrel Disposal shall state its factual contentions and include all relevant affidavits, documents, photo- graphs and videotapes which Blue Barrel Disposal desires to have considered by City. In addition, Blue Barrel Disposal shall include all of its legal contentions, citing provisions of the Agreement or other laws to support its contentions. 3. Review by City Mana eg r_Appeal. a) Within thirty days of receipt by the City Clerk of a Notice of Appeal, the City Manager shall decide the matter. If the City Manager's deci- sion is adverse to Blue Barrel Disposal, the City Manager may order. remedial actions to cure any deficiencies, assess the Cash Bond or invoke any other remedy in accordance with this Agreement and, in the event the City Manager determines that there has been a.mateiial breach and that termination is the appropriate remedy, terminate the Agreement. In addition to the foregoing actions, the City. Manager may refer the matter to the City Council for pioceedings in accor- dance with Section 20.13 and 20.C, below, or refer the matter directly to a referee for proceedings in accordance with Section 21, below. •' O The City Manager shall promptly inform Blue Bairel Disposal of the" 27 PS -05-06-09 Temporary Bin and Roll -Off Box Solid Waste Agreement Bataveen Ilia city of Sautn clarlta and Blue Barrel Dispoeal City Manager's decision. In the event the City Manager's decision is adverse to Blue Barrel Disposal, the City Manager shall inform Blue Barrel Disposal, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the City Manager's decision and any remedial action taken or ordered. b) An adverse decision by the City Manager shall be final and conclu- sive unless Blue Barrel Disposal files a "Notice of Appeal to the City Council" with the City Cleric (and serves a copy, by mail, on the City Manager and the City Attorney) within 10 calendar days of receipt of the decision -of the City Manager. A "Notice of Appeal to the City Council" shall state the factual basis, the evidence relied on and all legal contentions which Blue Barrel Disposal may choose to submit. No new evidence not previously submitted in accordance with Sec- tion 20.A.1.b) may be submitted. B. City Council Hearing. If a matter is referred by the City Manager to the City Council, or an adverse decision of the City Manager is appealed to the City Council by Blue Barrel Disposal, the City Council will set the matter for an administrative hearing and act on the matter, or refer the matter to a referee as provided in Section 211 below. If the City Council elects to hear the matter, the City Clerk shall give Blue Barrel Disposal fourteen (14) days writ- ten notice of the time and place of the administrative heating. At the hearing, the City Council shall consider the administrative record, consisting of the following: 1. A Staff Report by the City Manager, summarizing the proceedings to date and outlining the City Council's options; 2. The Manager's written Notification of Deficiencies; 3. Blue Barrel Disposal's response to the Notification of Deficiencies; 4. The Manager's'written notification to Blue Barrel Disposal of adverse deci- sion; 5. Blue Barrel Disposal's Notice of Appeal to the City Manager; G. The City Manager's written notification to Blue Barrel Disposal of adverse decision; and 7. Blue Barrel Disposal's Notice of Appeal to the City Council. . 901 PS -05-06-09 Temporary Bivand Rolloff Box Solid Waste Agreemmrt Between the City of Santa Clarita and Blue Barrel Disposal , n No new legal issues may'be raised, nor may new evidence be submitted by Blue Barrel Dis posal at this or at any further point in the proceedings, absent a showing of good cause. Blue Barrel Disposal's representatives and other interested persons shall have a reasonable opportu- nity to be heard. C, City Council Determination. Based on the administrative record, the Council shall determine by resolution whether the decision or order of the City Manager should be upheld, A tie vote of the•City Council shall be regarded as upholding the decision of the City Manager. If, based upon the administrative record, the City .Council determines that Blue Barrel Disposal is in breach of any term of this Agreement or any provision of any applicable federal, stateor lo- cal statute or regulation, the City Council, in the exercise of its discretion, may order Blue Bar- rel.Disposal to take remedial actions to cure the breach or impose any other remedy in actor= dance with this Agreement, The City Council may not terminate the Agreement unless it de- tennines that Blue Barrel Disposal is in material breach of a material term of this Agreement or any material provision of any applicable federal, state or local statute or regulation, Blue Barrel Disposal's performance under the Agreement is not excused during the period of time prior to a final detemunation as to whether or not Blue Barrel Disposal's performance is in material breach of this Agreement, or the time set by City for Blue Barrel Disposal to discontinue a por- O ' tion or all of its services pursuant to this Agreement. The decision or order of the City Council shall be final and conclusive unless Blue Barrel Disposal files a "Notice of Appeal to Referee" with the City Clerk (and serves copies, by mail, on the City Manager and the City Attorney) within 10 business days of receipt of the decision or order of the City Council, With the excep- tion of draws on the Cash Bond, the execution of City's remedies shall be stayed until Blue Barrel Disposal has exhausted its appeals under Sections 20 and 21 of this Agreement. D, Notice of Appeal to Referee. Except as otherwise provided in this Agreement, Blue Barrel Disposal may, appeal any decision, order or action by the City Council or City Manager under this Section 20, as provided in Section 21, below, by filing a Notice of Appeal to Referee with the City Cleric within ten business days of receipt of the decision by the City Manager or City Council and following the'procedurels set forth in Section 21, below. A decision of the -City Manager to refer a matter directly to a referee without first referring it to the City Council, may not be appealed. E, Reservation of Rights by City, City further reserves the right to terminate this Agreement in the event of any material breach of this Agreement, including, but not limited to any of the following: 1. If Blue Barrel Disposal practices, or attempts to practice, any fraud or deceit Oupon the City, or practiced any fraud or deceit or made any intentional mis- 29 PS -05-06-09 Temporary Bin and Roll•offBox Solid Waste. Agreement Between the City of Santa Clarlin Bud Blue Barrel Disposal representations in its proposal or the negotiations which preceded the execu- tion of this Agreement; 2, If Blue Barrel Disposal becomes insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor of Blue Barrel Disposal in a bankruptcy proceeding; 3. If Blue Barrel Disposal fails to provide or maintain in full force, effect and amount, the workers compensation, liability and indemnification coverage and Cash Bonds required by this Agreement; 4. If Blue Barrel Disposal violates any orders or rulings of any regulatory body having jurisdiction over Blue Batml Disposal relative to this Agreement, in any material manner, provided that Blue Barrel Disposal may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred until a final decision adverse to Blue B arrel Disposal is entered; 5. If Blue Barrel Disposal ceases to provide collection service as required qn- der this Agreement over a substantial portion (more than 10% of any route) of the Commercial area of the City of Santa Clarita for a period of two (2) calendar days or more, for any reason within the control of Blue Barrel Dis- posal; 6. If Blue Barrel Disposal fails to make any payments required under this Agreement or refuses to provide City with required information, reports or test results as to a material matter in a timely manner as provided in this Agreement; If Blue Barrel Disposal fails to achieve tht; diversion goals set forth in Blue Barrel Disposal's proposal, In the event that the California Integrated Waste Management Board, or its successor agency, or City determines that Blue Barrel Disposal has failed to meet the diversion goals set forth in its pro- posal, Blue Barrel Disposal shall have an opportunity to cure this material breach, within time allotted by the CIWMB, its successor agency, or City, as appropriate. See also Sections 15.A and 17.E, above, and Section 22.C, be- low. 8 Any other act or omission by Blue Barrel Disposal which materially violates p the terms, conditions or requirements of this Agreement and which is not corrected or remedied within the time set forth in the written Notification of 30 PS -05-08-09 n. ' Tomyiorary Bin and Rall -Off Dox Solid Waste AgreemeutBeNveen flee City of Santa anrita and Blue Burel Disposal Deficiencies or if Blue Barrel Disposal cannot reasonably correct or remedy the breach within the time set forth in such notice, if Blue Borrel Disposal should fail to commence to colTect or remedy -such. alleged deficiencies within the time set forth in such notice and diligently effect such correction or remedy thereafter. r. Cumulative Rights. City's rights of termination are in addition to any otherrights of City upon a failure of Blue Barrel Disposal to perform its obligations under this Agreement. Section 21. Referral to Referee; Hearing Procedures Either patty to this Agreement aeany time after exhaustion of administrative remedies, and following the appeal procedure set forth in Section 20, if applicable, may refer a disputed matter for resolution under this Section 21 in the following manner. A. Applicability. If either the City Manager or the City Council refers a matter to a referee, or Blue Barrel Disposal appeals or refers a matter to a referee, the provisions of this Section shall apply in order to obtain prompt and expeditious resolution of any and all disputes arising out of this Agreement. OB. Reference of Dispute, Any dispute seeldng damages and any dispute seeldng equi- table relief, such as but not limited to.9pecific enforcement of any provision hereof, shall be heard and determined by a referee pursuant to California Code of Civil Procedure §§' 638- 645.1, The venue of any proceeding hereunder shall be in Los Angeles County, California 1. Procedure for Appointment. The party seeldng to resolve the dispute shall file in court and serve on the other party a complaint describing the matters in dispute. Service of the complaint shall be as prescribed by law. Within not more thanfifteen business days after the date of service, the parties shall ap- ply to the Judicial Arbitration and Mediation Service ("JAMS") of Los An- geles County to nominate a minimum of five prospective referees. If the par- ties are unable to approve a referee from the JAMS panel within ten business days after written request to do so by any party, then the parties, starting with Blue Barrel Disposal, shall alternate in striking one prospective referee At a time until only one referee remains. 2. Ex Parte Communications Prohibited. Neither party may communicate separately with the referee after the referee has been selected. All subsequent communications between a party and a referee shall be delivered simultane- ously to the other party. This provision shall not apply to communications made to schedule a hearing or request a continuance, or to confidential me - PS -05-06-09 Temporary Bin and Rolloff Box Solid waste Agreement Between the City of Santa clarita and Blue Borrel Disposal diation or settlement briefs when submission of such is agreed to by the par- ties and the referee. 3. Cooperation. The parties shall cooperate diligently with one another and the referee and shall perform such acts as may be necessary to obtain a prompt and expeditious resolution of the dispute. If either party refuses to cooperate diligently, and the other party, after first giving notice of its intent to rely on the provisions of this Section 21, incurs additional expenses or attorneys' fees solely as a result of such failure to diligently cooperate, or incurs ex- penses or attorneys fees and costs as a result of the other party's violation of Code of Civil Procedure § 128.5, the referee may award such additional ex= penes and attorneys' fee to the party giving such notice, even if such party is not the prevailing party in the dispute. 4. Discovery. The referee shall set a discovery schedule and shall schedule the matter for hearing within 60 days of filing, unless City and Blue Barrel Dis- posal agree otherwise, or unless the referee shall determine otherwise. Any patty to the hearing may issue a request to compel reasonable document pro- duction from the other party, subject to the limitations of Section 20, limiting evidence to the administrative record. Disputes concerning the scope of document production and enforcement of document requests shall be subject to agreement by the parties, or if agreement isnot reached within twenty (20) days of a document request, then by disposition by order of the referee. Any document request shall be subject to the proprietary rights and rights of privilege of the parties, and the referee shall adopt procedures to protect such rights. Except as may be agreed by the parties, or ordered by the referee, no other form of discovery shall be available to the parties. 5. Standards for Decision. The provisions of California Code of Civil Proce- dure, §§ 640, 641, 6421 643, 644 and 645 shall be applicable to dispute reso- lution by a referee hereunder. In an effort to clarify and amplify the provi- sions of California Code of Civil Procedure, §§ 644 and 645, the parties agree that the referee shall decide issues of fact and law submitted by the parties for decision in the same manner as required for a trial by court as set forth in California Code of Civil Procedure, §§ 631.8 and 632, and Califor- nia Rules of Court, Rule 232. The referee shall try and decide the dispute ac- cording to all of the substantive and procedural law of the state of California, unless the parties stipulate to the contrary. 6. Evidence and Findings. The referee shall consider the administrative record, including the Notice of Deficiencies, Blue Barrel Disposal's response to the 32 PS -05-06-09 Lel M Temporary Bin mid Roll.W36% Solid Waste ABroament Betweca the City'ot Santa Clarlta and Bluo Barrel Disposal Notice of Deficiencies, the decision of the Manager, the Notice of Appeal, the decision of the City Manager, the Notice of Appeal to the City Council, and the decision of the City Council, in addition tb other relevant evidence. Before issuing findings, the Referee shall submit a proposed ruling, setting forth proposed findings of fact and conclusions of law, to counsel for the Parties, for comment. When the referee has decided the dispute, the referee shall also cause the preparation of a judgment based on said decision. 7. Remedial Autholl . A referee .to whom a matter is referred shall have the authority to (i) order either party to undertake remedial action to cure the breach and to prevent occurrence of similar breaches in the future; (ii) assess damages and/or levy a penalty consistent with the terms of this Agreement or (iii) find there has been no breach. 8, Stay Pending Entry of Final fudgm5nt. Except as provided in Section 20.0 with respect to draws on a Cash Bond, undl.final judgment is entered from the referee proceeding under the foregoing provisions and the time for ap- peal or other post judgment petition has expired, the imposition or enforce- ment of any penalties or sanctions provided in this Agreement and related to the subject matter of the hearing shall be stayed, The referee may modify or cancel any proposed penalties or sanctions upon a finding that the party sub- ject thereto acted with substantial justification, or if the interests -of justice so require. 9. Allocation of Referee's Costs. The referee's costs for the proceeding shall be apportioned by the referee, The costs of the proceeding shall be boine equally by the parties to the dispute initially, but the prevailing party in such proceeding shall be entitled to recover reasonable costs of the referee as ap- portioned by the referee. If either party refuses to pay its share of the costs of the proceeding; at the time(s) required, the other party may do so, -in which event that party will be entitled to recover (or offset) the amount advanced, with interest at the maximum rate permitted by law, even if that party is not. the prevailing party. The referee shall include such costs in the judgment or award. C, Decision, The decision of the referee may be excepted to in accordance with Code- of odeof Civil Procedure § 645. Section 22. City's Additional Remedies, In addition to the City's other remedies, City shall have the following rights:. 33 P3-05-06-09' Temporary Bin and Roll -Off Box Solid r4aate Aarcemmri IIetrveen the City of Santa Clarl la mid Blue Barrol Disposal A. Contracts with Others. The right to contract with others to perform the services otherwise to be performed by Blue Barrel Disposal, in the event Blue Barrel Disposal should be in material breach of its duties to provide those services, or is otherwise unable to provide the services addressed by this Agreement. B. Damages and/or Injunctive Relief. The right to obtain damages and/or injunctive relief. Both parties recognize and agree that in the event of a.breach under the terms of this Agreement by Blue Barrel Disposal, City may suffer irreparable injury and incalculable dam- ages sufficient to support injunctive relief to enforce the provisions of this Agreement and to enjoin the breach. See also § 22.E, below. C. City's Damages for Failure to Achieve Diversion Goals, Blue Barrel Disposal agrees that its failure to achieve the diversion goals set forth in its proposal for the waste stream collected under. this Agreement, arising from failure to make reasonable efforts to maximize diversion in accordance with the terms and conditions of this Agreement, or its breach of the requirements of §§ 15.A and 173, above, related to waste diversion, shall be a material breach of this Agreement. See also § 20.E.7, above. If the California Integrated Waste Management Board, or its successor agency, were to impose administrative civil penalties against City, then i the City's damages for Blue Barrel Disposal's material breach in its failure to achieve the di- version goals for the City as required by this Agreement, shall include, but not be limited to such administrative. civil_ penalties, attorneys' costs and fees and City's staff time devoted to the resolution of the administrative civil penalties against City. D. Rights of City in Event Of Certain Misconduct. Notwithstanding any other provi- sion in this Agreement to the contrary, the City shall have the right to terminate this Agreement if any official of Blue Barrel Disposal, or any associated firm orentity, including but not lim- ited to, any parent or subsidiary company involved with the performance or administration of the Agreement is convicted of, or pleads guilty, no contest or nolo contendere to a felony relat- ing to this Agreement or any other agreement for the provision of solid waste services in an- other City. E. Liquidated Damages. The parties agree that the failure of Blue Barrel Disposal to comply with the requirements of Sections 7.E, F and G, regarding, respectively, Graffiti, "Haz- ardous Waste Prohibited" Marldngs and Bin Marldngs, have the potential to cause great dam- age to the City, which damages would be difficult to calculate. For that reason, the Parties agree that if, following 24 hours notice identifying the Bin or Bins by address' or Bin number (required by Section 7.G, above), Blue Barrel Disposal, is in violation of any requirement of Section 7 E, F or G, above, Blue Barrel Disposal will pay to city $500.00 ,per Bin, for each day or any part of a day, (excluding Sundays and holidays), in which a Bin was out of compliance with any requirement of Section 7 E, F or G. 34 PS -05.06.09 Temporary Bin and Roll -off Boz Solid Waste Agreement Between tie City or Santa Clarity and Blue Barrel Disposal l� J' Section 23. Franchise Transfer; City Consent; Fees A, Blue Barrel Disposal may not convey, assign, sublet, license, hypothecate, encum- ber of otherwise transfer or dispose of (collectively "Transfer"), this Agreement, the Franchise granted under it or any rights or duties under it, in whole or in part, whether voluntarily or in- voluntarily, without the City's prior written consent as expressed by written resolution of the City Council. Any dissolution, merger, consolidation, or other reorganization of Blue Barrel Disposal, except as provided in Sub -Section 23.C, below, any sale or other transfer or change in ownership or control of any of the capital stock or other capital or equity interests, or any sale or transfer of fifty percent (50%) or more of the value of the assets shall be deemed a Transfer of this Agreement, the Franchise granted under it or any rights or duties under h. Any Transfer or attempted Transfer of this Agreement, the Franchise granted under it or any rights or duties under it made without the City's consent will be a material breach of this Agreement and, at the City's option, may be voided, B. The City has no obligation to give its consent to a Transfer of the Franchisee anted by this Agreement. The prospective transferee shall have the burden of demonstrating that. it has the financial and technical ability to provide the services required under this Agreement. The City may also require the prospective transferee to demonstrate that it; and its officers and O managers do not have criminal records for environmental or public integrity offenses. If the City gives its consent, it may impose conditions, including, without limitation, requiring accep- tance of amendments to this Agreement. Without obligating the City to give its consent, the proposed transferee must demonstrate to the City's satisfaction that it has the operational and financial ability to perform the terms of this Agreement. C. Blue Barrel Disposal's internal reorganization shall not constitute a Transfer pro- vided that City consent to the reorganization is sought and received prior to any internal reor- ganiza#on. An internal reorganization includes any change in control of any of the voting stock through its conveyance to an affiliate of Blue Barrel Disposal, or by operation of law, Any re- quest for an internal reorganization must be submitted in writing to the City Manager, no.less than one hundred and twenty days prior to the proposed effective date of the internal reorgani- zation, Blue B l rei Disposal shall reimburse City for all of its costs to review the request and to determine if it is an internal reorganization. City's expenses may include, but are not limited to, Staff, City Attorney's and Special Counsel's fees and costs and Accountants' fees and costs. Determination' by the City Manager shall be final and conclusive, Any attempt to implement an internal reorganization without the consent of City shall constitute a material breach of this .ikreement, D, Fees. Any application'for• a Franchise Transfer shall be made in a manner prescribed by the City Manager. The application shall include a deposit of $50,000 to cover the estimated cost of all direct and indirect expenses, •including. City staff, consultants'. and attorneys'. fees,. 35 PS -05-06-09 Temparnry Bin mid Roll -Off Box Solid waste Agreement Betryemi am Ciip of.Saula Clarlta and Blue Barrel Disposal incurred by City to adequately analyze the application and the qualifications of the prospective transferee. Any costs incurred by the City in excess of $50,000 shall be reimbursed by the Blue Barrel Disposal prior to submission of the proposed Transfer to the City Council. In the event that the City's costs are less than $50,000, City shall refund the remaining deposit to Blue Bar- rel Disposal If Transfer is approved, upon approval, the transferee shall pay to City a Transfer fee in the amount of $50,000 or five percent (5%) of Gross Revenues for the first twelve months, whichever is greater. Section 24. General Provisions A. Force Majeure. Blue Barrel Disposal shall not be. in default under this Agreement in the event that the collection, transportation and/or disposal services of Blue Barrel Disposal are interrupted temporarily or permanently for any of the following reasons: riots; war or na- tional emergency declared by the President or Congress and affecting the City of Santa Clarita; acts of terrorists, sabotage; civil disturbance; insurrection; explosion; natural disasters such as floods, earthquakes, landslides and fires; or other catastrophic events which are beyond the rea- sonable control of Blue Barrel Disposal "Other catastrophic events" does not include the finan- cial inability of Blue Barrel Disposal to perform or failure of Blue Barrel Disposal to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public agency where such failure occurs despite the exercise of reasonable diligence by Blue Barrel Disposal In the event a labor disturbance. interrupts collection and transportation of Temporary Bin and Roll -Off Solid Waste and/or disposal of Temporary Bin and Roll -Off Solid Waste by Blue Barrel Disposal as required under this Agreement, City may elect to exercise its rights under Section 19 of this Agreement. Failure by City to exercise its rights under this Seo- I tion 24.A shall not be deemed a waiver of its rights under Section 203.5, above. B.. independent Status. Blue Barrel Disposal is an independent entity and not an offi cer, agent, servant or employee of City, Blue Barrel Disposal is solely responsible for the -acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Noth- ing in this Agreement shall be, construed as creating a partnership or joint venture between City and Blue Barrel Disposal nor an arrangement for the disposal of Hazardous Wastes. Neither Blue Barrel Disposal nor its officers, employees, agents or subcontractors shall obtain any rights to retirement or other benefits which accrue to City employees. C. Pavement Damage. Normal wear and tear on City streets resulting from general vehicular traffic excepted, Blue Barrel Disposal shall be responsible for damage to- City's driv- ing surfaces, whether or not paved, resulting from the operation of Blue Barrel Disposal vehi- cles providing Temporary Bin and Roll -Off Solid Waste Services within the City. Blue Barrel Disposal understands that the exercise of this Franchise may involve operation of its collection vehicles over private roads and streets. Disputes between Blue Barrel Disposal and its service recipients as to damage to private pavement are civil matters and complaints. of damage will be 36 P5-05-06-09 Temporary Bin mid Rolloff Boz Solid wastaAgrec hoot Between the City of Santo Clarita and Blue Barrel Dispasnl refened to Blue Barrel Disposal as matters within its sole responsibility and as a matter, within the scope of Section 17.A, 17.B, and ITC, above. D. Property Damage. Any physical damage caused by the negligent or willful acts or omissions of employees of Blue Ban'el Disposal to City or private property shall be repaired or replaced by Blue Barrel Disposal, at Blue Barrel Disposal's sole expense. Except as provided in Section 17, above, this Agreement does not purport to relieve, diminish, reduce, create or in- crease in any way, Blue Barrel Disposal's civil liability to any third parties. E. Law to Govern; Venue. The law of the State of California shrill govern this Agreement without regard to any otherwise governing principles of conflicts or choice of laws. In the event of litigation in a U.S. District Court exclusive venue shall, he in the Central District of California. F. Fees and Gratuities. Blue Barrel Disposal shall not permit any officer, agent or employee to'request, solicit, demand or accept, either directly or indirectly, any gratuity for the collection of Temporary Bin and Roll -Off Solid Waste otherwise required to be collected under this Agreement. OG, Amendments, Except as otherwise provided in this Agreement, no other amend- ment of this Agreement shall be valid unless in writing duly executed by the parties. Purported oral amendments shall be void and of no force or effect. H, Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered or sent by telecopier or United States certified mail, postage prepaid; return receipt requested, and by email, addressed as follows: To City: City Manager City of Santa Clarita 23920 Valencia Blvd., Suite 300 Santa Clarita, California 91355 Copy to: Benjamin Lucha Environmental Projects Development Coordinator City of Santa Clarita 23920 Valencia Blvd., Ste. 300 Santa Clarita, California 91355 And to: City Attoi-ney City of Santa Clarita C/o Burice; Williams & Sorensen, LLP 444 South Flower Street, Suite 2400 37 PS -05-06-09 Temporary Bin mid Doll•O7rpox Soad Waste Agromnsnt Between the City of Santa Clarity Dud Blue Darrel Disposal Los Angeles, California 90071-2953 With copies by email to BLUCHA@santa-clarita.com and cnewton@bwslaw-corn To Blue Barrel Disposal 25772 Springbrook Road Saugus, CA 91350 and by email to cfall@wm.com. or to such other address as either party may from time to time designate by notice to the other given in accordance with this Section. Notice shall be deemed effective on the date personally served or sent by email or telecopier or, if mailed, three (3) business days from the date such notice is deposited in the United States mail. 1. Savings Clause and Entirety. If any non -material provision of this Agreement for any reason shall be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. J. Incorporation by Reference, Exhibit A, the City's Source Reduction and Recy- cling Component, and Blue Barrel Disposal's Service Proposal, dated October 7, 2005, and all supplements to that proposal are incorporated into this Agreement by this reference. K. Joint Drafting. This Agreement shall be construed as having been drafted jointly by the parties to this Agreement. L. Transition to Next Solid Waste Enterprise. If in the final 12 months of the period during which Blue Barrel Disposal is to provide collection services under this Agreement, Blue Barrel Disposal and City have not entered into a succeeding agreement, Blue Barrel Disposal shall cooperate fully with City and all prospective subsequent Solid waste enterprise(s), fran- chisee(s), licensee(s), permittee(s) or other Person seeldng to provide services similar to the Services so as to assure an efficient, orderly, timely and effective transition. In that regard, Blue Barrel Disposal agrees to make available to City and to prospective proposers in any competi- tive process used by the City to select a successor, route maps, customer lists, and all other re- cords requested by City. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written, CITY OF SANTA CLARITA A California Municipal Corporation 38 PS -05-06-09 MI 0 c�. �i Temporary Bim and Rall•OPf Boz solid Waste Agra6menl•Bahveen file City of Santa Cinrila gild Blue Barras nlspasal i Sharon Dawson City Clerk APPROVED AS TO FORM: Carl K. Newton City Attorney By, Blue Barrel Disposal By: Board or any And by: [The Secretary, any assistan secretary, CFO or any assistant treasurer] State of Califo_nia, County of Los Angeles, ss. On this �day ofU__, in the year 200., befoxe me d}vvnJol�eS t�oiamc personally appeared . and �(dM(n JV1c 2v personally known to me (03: proved to me on.the basis of satisfactory evidence) to be the persons whose names are subscribed to this instrument and aclmowledged that rtom) executed it pursuant to a resolution of the Board of Directors of Blue Barrel Disposal bVD i L A. {.NN JONES + 'l•q Gammiflsion;Fg3t,12.32 �> `%n. �latar7'Pu611r.-calltomia 4E :: 1;? y:'.Sr"-." V_Qs pn9olee Gvunb C( .'.��'.!f",CN` N�yComrclExFl�eFob15,2G":''',' 39 PS -05-06-09 O 7 0 . Temporary Bin oadRol)•off Box Solid Waste Agreemonf BeNvom ilia CHI Ot Smus Clort I and Blue Barrel Disposal 1 ExhibitA. Guaranty This GUARANTY (the "Guaranty") is made as of y 2001, by USA Waste of Cali- fornia, Inc., a Delaware corporation, ("Guarantor"), the address of which is 25772 Springbroolc Road, Saugus, CA 91350, in favor of the City of Santa Clarita, a California municipal corpora- tion (the "City"). 1. Recitals. This Guaranty is made with respect to the following facts and circumstances: (a) The City and Blue Barrel Disposal have entered into a Temporary Bin and Roll - Off Bax Solid Waste Agreement, dated for reference' purposes fi nX .2 , 200$ l (b) The City would not enter into the Agreement with Blue Barrel Disp\\\\osal unless the Guarantor agreed to guarantee the obligations of Blue Barrel Disposal under the Agreement as provided in this Guaranty, and the Guarantor, as a material inducement and consideration to the City to enter into the"Agreement, is willing to execute and deliver this Guaranty and to agree to and be bound by its terms. 2. Guaranty. 2.1. Guaranty of Obligations. The Guarantor unconditionally, absolutely. and irrevocably guarantees to the City to cause the full, prompt and complete payment and performance when due of all indebtedness and obligations of Blue Barrel Disposal to the City under the Agreement, including, without limitation, all obligations of indemnity on the part of Blue Barrel Disposal under the Agreement. 2.2. Guaranty of Payment. The liability .of the Guarantor on this Guaranty' is a guaranty of payment and pm-formance and not of collectibility, and -is not conditional or contingent on the genuineness, validity, regularity or enforceability of the Agreement or the pursuit by the City of any remedies that it now has or may hereafter have with respect to the. Agreement, 2.3. Continuing Guaranty, This Guaranty' is a continuing guaranty of the indebtedness and obligations of Blue Bartel Disposal under the Agreement, including any and So #4828-1050-7776 vi A-1 PS -05-06-09 Tcsnporary ala and Roll-OPYDox Solid W nstc AgrcemenlBetvvecn tllc City of Bantn Clnrlta and Blue Barrol Disposal O all such indebtedness and obligations which are renewed, extended, compromised, or restructured from time to time. 2,4, Independent Obligations, The Guarantor agrees that it is directly and primarily liable to the City, that the Guarantor's obligations hereunder are independent of the indebtedness and the obligations of Blue Barrel Disposal under the Agreement, and that a separate action or actions may be brought and prosecuted against the Guarantor, whether or not action is brought against Blue Barrel Disposal or whether or not Blue Barrel Disposal is joined in any such action or actions. 3. . Consents by Guarantor. 3.1, Consents, The Guarantor hereby authorizes the City, without notice or demand and without affecting the Guarantor's liability hereunder, from time to time to: 3.1.1. Changes in Terms, .Renew, compromise, extend, accept partial payments, accelerate or restructure the indebtedness and obligations of Blue Barrel Disposal under the Agreement or otherwise change the time for payment or the terms of any such indebtedness or obligations, or any part thereof. O3.1.2. Amendment of Agreement. Waive, amend, rescind, modify or otherwise change any of the terms or provisions of the Agreement. O 3.1.3. Dquidation of Guaranteed Obligations. Settle, release, compromise, collect or otherwise liquidate'any of the indebtedness or obligations of Blue Barrel Disposal under the Agreement, or any part thereof, and any security or collateral therefore in any manner as the City may determine in its sole and absolute discretion, 3.14, Collateral. Take and hold collateral to secure the payment and performance of the indebtedness and obligations of Blue Barrel Disposal tinder the Agreement and exchange, enforce, waive and release any such collateral, and apply such collateral and direct the order or manner of sale thereof as the City in its sole and absolute discretion may determine. 3.15. Releases, Release or substitute any, one or more endorsers or other guarantors. 80 #4828.105D-7775 vl A-2 PS -05-06-09 Tempornry Bin nod' ll•ol'I'Bns Solid Waste Agremnout Bohnen.tha City oi'Sauta clarity and Blue Barral Dl6posnl 3.2. Non -Release of Guarantor. The Guarantor agrees that the City may do any or all of the matters specified in Section 3.1 in such manner, npon such terms, and at such times, as the City, in its sole and absolute discretion, deems advisable, without, in any way or respect, impahing, affecting, reducing or releasing the Guarantor from its undertald-ngs hereunder and the Guarantor hereby consents to each and all of the matters specified in Section M. 4. Waivers. 4.1. Defenses. The Guarantor hereby waives any right to assert against the City as a defense, counterclaim, setoff or eross-claim, any defense (legal or equitable), counterclaim, setoff or cross-claim ,which the Guarantor may now or at any time hereafter have under applicable law, rule, arrangement or relationship against Blue Barrel Disposal 4,2. Presentment. Demand and Notice. The Guarantor waives all presentments, demands for performance, notices of nonperformance, protests, notices of protests, notices of dishonor, notices of default, notice of acceptance of this Guaranty, diligence and notices of the existence, creation or incurrence .of the indebtedness and obligations of Blue Barrel Disposal under the Agreement or of new or additional indebtedness or obligations of Blue Barrel Disposal incurred or created after the date of this Guaranty, and all other demands, notices or Oformalities of whatsoever kind to which the Guarantor may be entitled under applicable law. 413, Remedies Against Blue Barrel Disposal As a condition to payment or performance by the Guarantor under this Guaranty, the City shall not be required to, and the 'Guarantor hereby waives any and all rights to require the City to, prosecute or seek to enforce any remedies against Blue Barrel Disposal or any other party liable to the City on account of the indebtedness and obligations of Blue Barrel Disposal under the Agreement or to require the City to seek to enforce or resort to any remedies with respect to any security interests, liens or encumbrances granted to the City by Blue Barrel Disposal or any other party on account of the indebtedness and obligations of Blue Barrel Disposal under the Agreement. 4.4. Subrogation Rights. Until all the terms, covenants and conditions of the Agreement on Blue Barrel Disposal's part to be performed and observed are fully performed and observed, the Guarantor shall have no right of subrogation, reimbursement, exoneration, indemnity or contribution against Blue Barrel Disposal by reason of any payments or acts of performance by the Guarantor in compliance with the obligations of the Guarantor under this Guaranty; provided that, notwithstanding the foregoing, the Guarantor shall have no right of subrogation, reimbursement, exoneration, indemnity, contribution or any other rights that would result in the Guarantor being deemed a creditor of Blue Barrel Disposal under the Federal Bankruptcy A-3 PS -05-06-09 So 94828-1050.7778 vi Temporarynle and Roll -Off Box Solid Wnstc A6recmmat Between are City of Santa Clnrito and Blue Barrel Disposal Code, and the Guarantor irrevocably waives all such rights and the right to assert any such Orights. 5. Waiver of Suretyship Defenses Antideficiency Legislation. The Guarantor agrees that nothing contained in this Guaranty shall prevent the City from suing on the - Agreement or from exercising any other rights available to it under the Agreement, and that the exercise of any of these rights shall not constitute a legal or equitable discharge of the Guarantor. -The Guarantor understands that the exercise by the City of certain rights and remedies contained in the Agreement may affect or eliminate the Guarantor's right of subrogation against Blue Barrel Disposal and that the Guarantor may therefore succeed to a partially or totally non -reimbursable liability hereunder. Nevertheless, the Guarantor hereby authorizes and empowers the City to exercise, in its sole and absolute discretion, any rights and remedies, or any combination of rights and remedies, that may then be'evailabie, since it is the intent and purpose of the Guarantor that the obligations hereunder shall be absolute, independent and unconditional under any and all circumstances. Without limiting the generality of the foregoing, the Guarantor expressly waives any and all benefits under California Civil Code §§ 2809, 28102 2819, 2845, 2849, 2850 and 2855, and California Code of Civil Procedure §§ 580a, 580b, 580d and 726. O6. BaDhpptcyl 6.1. Liability of Guarantor Unaffected. The liability of the Guarantor under this Guaranty shall in no way be affected by! the release or discharge of Blue Barrel Disposal in any creditor proceeding, receivership, banl raptcy or other proceeding, the impairment, limitation or modification of the liability of Blue Barrel Disposal or the estate of Blue Barrel Disposal, or any remedy for the enforcement of Blue Barrel Disposal's liability, resulting from the operation of any present or future provision of the Federal Banlauptcy Code or any bankruptcy, insolvency, debtor relief statute (state or federal), or any other statute, or from the decision of any court, the rejection or disaffirmance of the indebtedness or obligations of Blue Barrel Disposal under the Agreement, or any portion thereof, in any such proceeding; or the cessation, from any cause whatsoever, whether consensual or by operation of law, of the liability of Blue Barrel Disposal to the City. 7. ' Termination of Guaranty. The Guarantor's obligations under this Guaranty shall continue in full -force and effect and this Guaranty shall not terminate until the indebtedness and obligations of Blue Barrel Disposal under the Agreement are fully paid, performed and discharged and the City gives the Guarantor written notice of that fact. The indebtedness and obligations of Blue Barrel Disposal under the Agreement shall not be considered fully paid, performed and discharged unless and until all payments by Blue Barrel Disposal to the City are A-4 PS -05-06-09 SO W28.1050.7776 v1 C 0 Temporary Bin and Rol6DfT Bax Solid waste 46reement Batwaon the Ctty of Santn Clnrlin and Blue Barrel Disposal O no longer subject to any right on the part• of any person, including, without limitation, Blue Barrel Disposal, Blue Barrel Disposal as debtor-in-possession, or any trustee or receiver in baticruptcy, to set aside such payments or seek to recoup the amount of such payments, or any part thereof. The foregoing shall include, without limitation, all rights to recover preferences voidable under the federal Banlaruptcy Code. In the event that any such payments by Blue Barrel Disposal to the City are set aside after the malting thereof, in whole or in part, or settled without litigation, to the extent of any such settlement, all of which is within the City's sole and absolute discretion, the Guarantor shall be liable for the full amount the City is required to repay plus costs, interest, attorneys' fen and any and all expenses which the City paid or incurred in connection therewith, The Guarantor shall- continue to be liable under the terms of this Guaranty notwithstanding the transfer by Blue Barrel Disposal of all or any portion of the property encumbered by the Agreement. �J 8, Other Provisions. „< M. Expenses. The Guarantor agrees to pay all attorneys' fees and all other costs and expenses which may be. incurred by the City in the enforcement or collection of this.Guaranty and the indebtedness and obligations of Blue Barrel Disposal under the Agreement, whether or not suit is filed. 8.2. Interest, All amounts required to be paid to the City by the Guarantor pursuant to the provisions of this Guaranty (including, without limitation, pursuant to Section 2 and 8.1 hereof) shall bear interest from the date upon which such amounts are due to the date of payment thereof at the highest rate permitted by law. All payments of such amounts by the Guarantor shall include any such accrued interest. 8.3. Govemina Law. The validity, construction and pBrfoimance. of this Guarantee shall be governed by the laws, without regard to the laws as to choice or conflict of laws, of the State of California, 8A Entire Agreement. This Guaranty embodies the entire agreement and understanding between the City and the Guarantor pertaining to the subject matter of this Guaranty, and supersedes all prior agreements, understandings, negotiations, representations and discussions, whether verbal or written, of such patties, pertaining to that subject matter. 85. Assignment: Binding Effect, NBither this Guaranty nor any rights or obligations under this Guaranty may be assigned by the Guarantor without the prior written consent of the . City. Subject to the foregoing, the provisions of this Guaranty shall bind and inure to the 81) #4828.1060.7776 A A-5 PS -05-06-09 d n Tempornry Din and Roll-OIY'IIor Solid Wnatc Agreement Bet vaon the City of Snitn Clmrlto mild Blue Barran UPDSa1 benefit of the City and the Guarantor and their respective heirs, executors, personal Orepresentatives, successors and assigns. 8.6. Notices. Whenever the City or the Guarantor desire or are required to give any notice, demand or request with respect to this Guaranty, each such communication shall be in writing and shall be given by personal service or mailed by Certified Mail, postage prepaid, return receipt requested, addressed to Guarantor as set forth in the first paragraph of this I Guaranty and to City at City's City Hall. Such communications sent shall be effectively given when they are received by the addressee thereof, but if sent by Certified Mail, they shall be effectively given three (3) days after being deposited in the United States Mail, The City and i the Guarantor may change their respective address for such communications by giving notice to the other in conformity with this Section. I I 8.7. Amendment and Waiver• This Guaranty may not be amended, modified or supplemented except by a writing duly executed by the Guarantor and a duly authorized officer of the City. No provision of this Guaranty or right of the City .under this Guaranty can be waived except by a writing duly executed by a duly authorized officer of the City. No waiver by he City of a breach of any provision of this Guaranty shall be construed as a waiver of any subsequent or different breach, and no forbearance by the City to seek a remedy for noncompliance or breach by the Guarantor shall be construed as a waiver of any right..or Oremedy with respect to such noncompliance or breach. 8.8. Time. Time is of the essence with respect to each provision of this Guaranty. 8.9. Severability. The invalidity or unenforceability of any particular provision of this Guaranty shall not affect the other provisions, and this Guaranty shall be construed in all respects as if any invalid or unenforceable provision were omitted. 8.10. Further Action• The Guarantor agrees to perform any further acts, and to execute and deliver any other documents which may be necessary in the opinion of the City to effect ' the provisions of this Guaranty. 8.11. Headin s• The section and other headings contained in this Guaranty are for reference purposes only and shall not affect in any way the meaning or interpretation of this Guaranty, IN WITNESS WIMREOF, the Guarantor, intending to be bound, has executed this Guaranty as of the year and date fust above written. U A PS -05-06.09 So #4528-1050.7776 A N Tonpornry Din and Roll-OffBox Solid Waste L greement Bahv am, the City ul' 8nntn Clnrltn and Blue Barrel Disposal GUARANTOR: USA Waste of California, Inc. dba Blue Barrel Disposal By. [CEO,2da ident, C 'mi n of the Board any Vice nt) And by: [The Secretary, any assistants c •etary, CFO or any assistant treasurer] State of W iii 0- Count) of [D5 hK e(e5, ss. On this day of Ja, 'in the Year, 200b, before me 6V%5DW6$ 1�0 ULfln Pub�iL� person ly appeared al�� and ''Did,vl.r. fU,Gvh personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to this instrument and aclmowledged that er they) executed it pursuant to a resolution of the Board of D'ir'ectors of USA Waste. of California, Inc, dba Blue Bagel Disposal, aDelaware corporafion. SIGNED Dl 4 CL± to�-e-s � I�xrlo.�yU l V..bC.� So 44628.1050.7776 v1 u� A. ANICIONES f AI Qt Cemmlealon# 1341292 Lee Angolancauotyrs. 9 MyCnil�n.HcpimsFebi6,MON.I . -�scv^�awrr"'�-•un�-a�-.a�•�cN°e2••�=:.. :5 A-7 PS -05-06-09