Agenda packet — Mayor and City Council, July 19, 2023 (part 3 of 4)

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RESOLUTION NO. 2023-107

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE

CITY OF SAN BERNARDINO, CALIFORNIA, ASSIGNING

FUNDS FROM THE AMERICAN RESCUE PLAN (ARP) HELD
IN RESERVE: $8,440,000 TO REPLACING THE CITY’S

ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM AND

OTHER IT INFRASTRUCTURE NEEDS, REALLOCATING
$1,560,000 OF FUNDS FROM THE WATER SERVICE LINE

CONNECTOR REPLACEMENT PROGRAM TO THE ERP AND

RELATED IT INFRASTRUCTURE PROJECT FOR A TOTAL
OF $10,000,000, AND AUTHORIZING THE AGENCY

DIRECTOR OF ADMINISTRATIVE TO AMEND THE
BIENNIAL 2022/23-2023/24 BUDGET BY $8,440,000.

WHEREAS, the City considers the need for a new Enterprise Resource Planning (ERP) software system a critical need to move the City forward and to better serve the community; and WHEREAS, the City recognizes improving the City’s software systems will improve the ability of staff to work efficiently and effectively; and WHEREAS, the Water Service Line Connector Replacement Program has $1,560,000 in funds available for reallocation; and
WHEREAS, the City may allocate up to $10,000,000 of American Rescue Plan funds to internal City needs including software needs; and
WHEREAS, the final rule for the use of ARP funds provides guidance that indicates that the ERP and IT Infrastructure Project is eligible for ARP funding.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Mayor and City Council hereby authorize the Agency Director of Administrative Services to amend the Biennial 2022/23-2023/24 Capital Budget by $8,440,000 of American Rescue Plan Act funds and reallocate $1,560,000 in funds from the Water Service Line Connector Replacement Program for a total of $10,000,000.

SECTION 3.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the

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Resolution No. 2023-107
July 19, 2023
Resolution 2023-107

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environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 4.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 5. Effective Date. This Resolution shall become effective immediately.

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Resolution No. 2023-107
July 19, 2023
Resolution 2023-107

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2023-107
July 19, 2023
Resolution 2023-107

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-107, adopted at a regular meeting held on the ___ day of _______ 2023 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023.

Genoveva Rocha, CMC, City Clerk

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American Rescue Plan Act Update
Barbara Whitehorn, Agency Director of Administrative
Services
Mary Alvarez-Gomez, Grants Division Manager
July 19, 2023

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Rescue Plan Funds – Discussion and Planning
Presentation Overview
• Quick Recap
• Allocation
• Eligible Spending Categories
• Commitment of Funds
• Progress Report on Spending
• Remaining Funds and Funds Available for Reallocation
• Potential Areas for Investment and Recommendations
• Discussion
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Rescue Plan Funds – Allocation
3 • San Bernardino’s Allocation:
$77,656,407
• Must be obligated by Dec. 31, 2024, and
• Spent by Dec. 31, 2026

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Rescue Plan Funds – Eligible Spending
4 • Water, Sewer and Storm
Drainage Infrastructure
• Broadband internet “last mile”
• Vaccination Programs
• Individual, family, non-profit
and small business relief
• Sheltering for Unhoused
• Violence Intervention
Programs
• Improvements to Public
Outdoor Spaces (parks and
recreation facilities, trails,
public squares) in Qualified
Census Tracts (QCTs)
• Built environment and
building façade
improvements
• “Hero” pay
Specifically Allowed Expenditures

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Rescue Plan Funds – Eligible Spending
5 • Transportation Infrastructure
• “Non-Federal Match” for Federal Grants
Specifically Allowed Expenditures Under
New Interim Final Rule
Was to be Issued April 15, 2023;
No Information Yet

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Investment of Funds
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Rescue Plan Funds – Investments
7 Small Business and Non-Profit Grant
Program
• Negative economic impact due to
pandemic
• Operating or capital
• Grants from $5,000 to $35,000
$3,000,000

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Rescue Plan Funds – Investments
8 • Existing Businesses and
Non-Profit Grants
• $3,000,000
• Negative economic
impact from COVID
• Areas and populations
designated as having
been disproportionately
impacted do not need
proof
• Resource Center
• Support local minority
business entrepreneurs
• $2,000,000
$5,000,000: $3,000,000 grants; $2,000,000 Resource Center

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Rescue Plan Funds – Spent to Date
9 • Existing Businesses and
Non-Profit Grants
• $3,000,000
• $1,185,000 in checks
issued
• Anticipate 100%
completion with 2nd round
of grants
• Resource Center
• $2,000,000
• Plan for Resource Center
presented to Mayor and
City Council June 7, 2023
$5,000,000: $3,000,000 grants; $2,000,000 Resource Center

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Investment of Funds
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Rescue Plan Funds – Investments
11 Seccombe Lake Park
Rehabilitation
• Public outdoor recreation
space
• Located in a QCT
• Close to downtown
• Serves residents citywide
$9,000,000

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Rescue Plan Funds – Investments
12 Nicholson Park Rehabilitation
• Public outdoor recreation space
• Not located in a QCT
• Service area includes low-income
and QCT
• Area with high gang activity
• Does not include community center
$8,850,000

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Rescue Plan Funds – Investments
Roosevelt Bowl Renovation
• Outdoor amphitheater
• Built in 1934 as part of the Work
Progress Administration (WPA)
• Located in a QCT
• Provides additional outdoor options
for safe, socially distanced
entertainment
$600,000
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Rescue Plan Funds – Investments
14 Lytle Creek Park – New Futsal
Courts
• Public outdoor recreation space
• Located in a QCT
• Convert disused parking lot on
north end of park to 2 futsal
courts with seating for teams
and spectators
$600,000

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Rescue Plan Funds – Spent to Date
15 Parks Rehabilitation
• No funds spent to date
• Park rehabilitations in
planning and design
$19,040,000

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Investment of Funds
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Rescue Plan Funds – Investments
17 Graffiti, Clean-Up and Paintbrush
(façade) Program
• In-House Team conducting work- Minimal Operational
Cost
• Public Works lead; working with a local artist to add murals and public art to discourage graffiti
• City-wide initiative; Savings $2-3,000 at each mural site in paint and labor costs annually
$2,000,000

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Rescue Plan Funds – Spent to Date
18 Graffiti, Clean-Up and
Paintbrush Program
• Spent to Date: $80,571
• Program is efficiently run in-house
• Shifting focus to include façades
• Business outreach & marketing
$2,000,000

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Rescue Plan Funds – Investments
Violence Intervention
Program
• Evidence-Based Community
Intervention
• Four Operational Components:
• Data-Driven Violence Analysis
• Open Communication
• Building Trust and Providing
Safety
• Long-Term Support
$1,000,000
19 Funds Spent to Date
• Committed:
$1,000,000
• Spent: $112,324
• Available for
Reallocation: $0

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Investment of Funds
20 Water Infrastructure

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Rescue Plan Funds – Investments
21 Water Infrastructure: Lead Lateral
Service Connector Replacement
• Replacing lateral service line from water
main to meter (residential)
• San Anselmo neighborhood in City
• Muscoy neighborhood just outside
city limits
• Street rehabilitation will be
completed as part of project
$5,160,000
Muscoy: Orange=lead; Purple=unknown

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Rescue Plan Funds – Spent to Date
22 Water Infrastructure: Lead Lateral Service Connector Replacement • Spent to Date: $0
• RFP for Project in Progress
• San Anselmo neighborhood determined not to contain lead • Project Cost reduced from $5,160,000 to $3,600,000
• Funds Available for Reallocation: $1,560,000
$5,160,000; Now $3,600,000

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Investment of Funds
23 Homeless Initiative

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Rescue Plan Funds – Investments
24 Homeless
Initiative and
Navigation
Center
Purpose Amount
Lutheran Social Services $ 5,000,000
Homeless Outreach- 1st Year Operations 1,500,000
Mobile Shower & Laundry- 1st Year Operations 150,000
Navigation Center 13,423,500
Temporary Housing for ASU Tenants 76,500
Navigation Center Operations 4,500,000
TOTAL $ 24,650,000

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Rescue Plan Funds – Spent to Date
25 Homeless
Initiative and
Navigation
Center
Temporary Housing for ASU Residents
• $150,000 Allocated; $76,500 spent
• All ASU tenants provide with rental
assistance
• $73,500 reallocated to interim housing
SB Valley College Housing
• $900,000 Allocated; unable to be spent
• $900,000 reallocated to interim housing

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Rescue Plan Funds – Spent to Date
26 Homeless Initiative and Navigation Center
Purpose Amount Spent-to-Date Reallocated
Lutheran Social Services $ 5,000,000 -0- -0-
San Bernardino Valley College 900,000 -0- (900,000)
Homeless Outreach- 1st Yr. Ops. 1,500,000 -0- -0-
Mobile Shower & Laundry- 1st Yr. Ops. 150,000 -0- -0-
Navigation Center 12,450,000 -0- 973,500
Temp. Housing for ASU Tenants 150,000 76,500 (73,500)
Navigation Center Operations 4,500,000 -0- -0-
TOTAL $ 24,650,000 76,500 -0-

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Rescue Plan Funds – Total Commitments
27 Category Amount
Small Business/Non-Profit Grants; Aspen Inst.; Resource Ctr. $ 5,000,000 Seccombe Lake Park 9,000,000
Nicholson Park 8,850,000
Roosevelt Bowl; Lytle Creek Park ($600,000 each) 1,200,000 Graffiti and Paint Brush Program 2,000,000
Violence Intervention Program 1,000,000
Water Line Connector Project 5,160,000
Homeless Initiative and Navigation Center 24,650,000
TOTAL $ 56,860,000

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Progress Report on Spending - Summary
28 Category Amount Spent
Small Business/Non-Profit Grants; Resource Ctr. 1,185,000 Seccombe Lake Park -
Nicholson Park -
Roosevelt Bowl; Lytle Creek Park ($600,000 each) -
Graffiti and Paint Brush Program 80,571
Violence Intervention Program 112,324
Water Line Connector Project -
Homeless Initiative and Navigation Center 76,500
TOTAL $ 1,545,395

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Rescue Plan Funds - Snapshot
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Other Potential Areas of
Investment
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Premium Pay for Employees
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Premium Pay
• Allowed by Treasury
• Few Restrictions – all government
employees are considered eligible
• Intent: to reward lowest paid workers,
generally found to be minorities, who
worked “front-line” jobs when others
could work remotely or in a “safer”
environment
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Premium Pay- Regional Survey
Surrounding Cities – Premium Pay
City Premium Pay?
Colton Yes
Corona No
Fontana Yes
Moreno Valley Yes
Murrieta Yes
Ontario Yes
Pomona Yes
City Premium Pay?
Rancho Cucamonga No
Redlands No
Rialto Yes
Riverside Yes
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Premium Pay- Regional Survey
Surrounding Cities- Household Income,
Poverty
City Median
House.

Income
Percent
Persons in
Poverty
Colton $60,874 14.8%
Corona $95,268 9.0%
Fontana $93,468 11.5%
Moreno Valley $73,634 13.5%
Murrieta $98,466 6.1%
Ontario $71,908 13.0%
City Median
House.

Income
Percent
Persons in
Poverty
Pomona $67,549 16.4%
Rancho Cucamonga $97,046 7.3%
Redlands $87,184 8.7%
Rialto $69,934 14.6%
Riverside $76,755 12.9%
34 San Bernardino: $55,372;

20.9%

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Premium Pay – Regional Survey
• State of California
• Median Household Income: $84,097
• Percent of Persons in Poverty: 12.3%
• Average of Regional Cities (including San
Bernardino)
• Median Household Income: $78,955
• Percent of Persons in Poverty: 12.4%
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Premium Pay – Regional Survey
San Bernardino
• Median Household Income
• 34.2% lower than the State overall
• 29.9% lower than the regional cities surveyed
• Percent of Persons in Poverty
• 70% higher than the State overall
• 68.7% higher than the regional cities surveyed
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Premium Pay- Regional Survey
Surrounding Cities- Amounts Provided
(maximum)
City Full-Time Part-Time
Colton $6,000 0
Corona 0 0
Fontana $8,465 0
Moreno Valley $1,000 $500
Murrieta $1,000 $500
Ontario $10,000 $600
City Full-Time Part-Time
Pomona $5,000 $5,000
Rancho Cucamonga 0 0
Redlands 0 0
Rialto $3,000 $3,000
Riverside $10,000 $10,000
37 Full-Time, Average: $4,042
Median: $3,000
Part-Time, Average: $1,782
Median: $500

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Premium Pay – Options
• All Full-Time and Part-Time Employees
• 825 authorized positions, 10-15% vacancy
• 188 part-time employees currently
• Department-Based
• Department or Division
• Timing-Based
• i.e., hired/employed during the formally declared
pandemic: March 13, 2020- May 5, 2023 (and still
employed with the City)
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Parks and Recreation
Facilities
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Parks Facilities Eligible for ARPA
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Encanto Center and Park
• The Encanto Center and Park renovations
include renovating and improving the
existing facility as well as the park. Staff
will also pursue grant funding.
41 Estimate: $3,900,000
Existing Funding: $3,400,000 ARPA:
$500,000

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Jerry Lewis Swim Center
• Improvements will continue the work
already completed at the Jerry Lewis
Swim Center to include renovating the
kitchen, painting, and installing a new
water slide. Staff will also pursue grant
funding.
42 Estimate: $2,200,000
Existing Funding: $1,400,000 ARPA:
$800,000

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Delmann Heights
• The conceptual design for these improvements includes converting the existing football field to synthetic turf and installing a track around the field. Renovating the kitchen, replacing the restrooms with prefabricated restrooms and replacing the entrance fencing.
• Fully improving and renovating the park will exceed
$6,000,000, and staff will pursue multiple grant
opportunities.
43 Estimate: $6,000,000

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Perris Hill Park Fencing
• Perris Hall Park includes a plethora of
community amenities that are currently being
renovated and improved by Parks and Public
Works staff. The installation of fencing will aid
in maintaining the amenities for the
community.
44 Estimate: $2,500,000

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Total Parks & Recreation Facilities
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Enterprise Resource Planning
Software and Technology
Improvements
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“Standard Allowance” – Technology
Needs
• The Final Rule allows a $10M “standard
allowance” for revenue loss, even if a city
did not have actual revenue loss during
COVID.
• The Revenue Loss category may be spent
on “government services” including
technology infrastructure and software.
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“Standard Allowance” – Technology
Needs
• City uses multiple obsolete and incompatible
software systems
• Manual entry between systems
• Inefficient, error-prone, wastes valuable staff time
• Completed an evaluation of Enterprise
Resource Planning (ERP) software needs
• Cost estimate: $8-10 million
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“Standard Allowance” – Technology
Needs
• More staff time dedicated to service.
• Improved transparency and reporting.
• Better able to meet customer needs (online
options, easy tracking of permits, licenses,
etc.)
• Less hiring in future as efficient systems and
processes save staff time. 49
How does replacing software help the
community?

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Request for Commitment
• $10M
• $8,440,000 in
“new” ARP Funds
• $1,560,000
reallocated from
Water Service Line
Connector Program
• Staff will pursue
grants and alternative
funding sources
• New rules may allow
ARP funds to match
Federal grants
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ARPA Flex:

New Opportunities
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FLEX: New Potential Areas of Investment
• New Rules may open opportunities:
• Transportation infrastructure
• Using ARP Funds as “non-Federal”
match for Federal grants
• Staff will bring information to Mayor
and City Council as soon it becomes
available
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Staff Recommendation
• Commit Funding to ERP and IT
Infrastructure
• Provide Direction on Pursuing:
• Premium Pay for Staff
• Parks & Recreation Facilities
• ARPA Flex (Pending New Rules)
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Recommendation and Funding
Reconciliation
ARP Allocation $ 77,656,407
Commitments to Date (56,860,000)
Available for Reallocation:

Water Line Service Connector Replacement Program 1,560,000 Remaining ARP Funds 22,356,407
Requested Commitment, ERP & IT (10,000,000)
Remaining ARP Funds $ 12,356,407
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DISCUSSION
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Ontario

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Redlands

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Murrieta

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Rialto

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Employees*
Full-Time
Premium Pay
Part-Time
Premium Pay Cost Employees*
Full-Time
Premium Pay
Part-Time
Premium Pay Cost
725 1,000$ -$ 725,000$ 725 3,000$ -$ 2,175,000$ 188 -$ 1,000$ 188,000$ 188 -$ 1,500$ 282,000$ TOTAL COST 913,000$ TOTAL COST 2,457,000$
Employees*
Full-Time
Premium Pay
Part-Time
Premium Pay Cost Employees*
Full-Time
Premium Pay
Part-Time
Premium Pay Cost
725 1,000$ -$ 725,000$ 725 5,000$ -$ 3,625,000$ 188 -$ 500$ 94,000$ 188 -$ 2,500$ 470,000$ TOTAL COST 819,000$ TOTAL COST 4,095,000$
Employees*
Full-Time
Premium Pay
Part-Time
Premium Pay Cost
725 2,000$ -$ 1,450,000$
188 -$ 1,000$ 188,000$
TOTAL COST 1,638,000$
Simple ARPA Premium Pay Cost Calculation
(using all current employees for calculations)
*Employee totals assume 825 authorized full-time positions with 100 vacancies (approx. 10-15% rate) and that 100% of the 188 current part-time employees would receive the premium pay.

Scenario 1: All employees receive $1,000
Scenario 2: Full-Time employees receive $1,000;
Part-Time receive $500
Scenario 3: Full-Time employees receive $2,000;
Part-Time receive $1,000
Scenario 4: Full-Time employees receive $3,000;
Part-Time receive $1,500
Scenario 5: Full-Time employees receive $5,000;
Part-Time receive $2,500

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DISCUSSION
City of San Bernardino
Request for Council Action
Date: July 19, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Daniel Hernandez, Agency Director of Public Works,
Operations, and Maintenance
Department: Public Works
Subject: Concept Plan Approval for Seccombe Lake Park
Revitalization Project (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the concept plans prepared for Seccombe Lake Park Revitalization Project and direct staff to proceed with final design for the project.

Background
On September 21, 2022, the Mayor and City Council approved the award of a Design Services Agreement with RHA Landscape Architects Planners, Inc. in the amount of $537,855 for the revitalization of Seccombe Lake Park.

In October 2022, the design work for the proposed improvements was initiated. The proposed improvements include installation of new playground, concrete walkways, pet waste stations, accent entry pavers, new restroom facility, outdoor exercise stations, new park lighting, parking asphalt resurfacing, electric vehicle charging stations, outdoor amphitheater seating, renovation of existing bridge over the lake and lake cleanup and aeration repair. Restoration of the park and its amenities will assist the City in promoting positive outdoor activities and restore recreational opportunities to surrounding neighborhoods
Discussion
The project will revitalize the Seccombe Lake Park with new amenities, and restoration of existing infrastructure. The Seccombe Lake Park Revitalization project will re-create a sense of place and become a gathering point for people living and working in the downtown area. It will be a place to hold events and gatherings. This

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park will help build a safer community, provide a place for children to play and interact, walkers to walk and exercise, and a place to relax and enjoy the outdoors.

Seccombe Lake Park is located in the center of the City, and has been serving the surrounding community for many years. Due to neglect and vandalism, the Park has not felt welcoming to visitors. The Seccombe Lake Park will receive a new look and be recreated to meet the current recreational needs of the neighborhood and community.

The following are the proposed improvements as part of this project:
•New Playground: Full replacement of existing playground with addition of some all-inclusive playground equipment with rubberized turf and shade canopies.
•Entry Point Paver Upgrades
•ADA Ramps Installation: Upgrade all pedestrian ramps to current standards for accessibility.
•Picnic Tables: Picnic area with large shade cover.
•Pet Waste Stations
•Outdoor Amphitheater Seating
•Center Island Restoration: Extensive soil restoration, re-landscaping, and stamped concrete/paver installed to replace existing sidewalk. Footbridge Repair and Re-Paint. Replacement of wood planks and repainting of both footbridges.
•Exercise Stations
•Tree Lighting: Decorative lighting for the date palms. •Flagpole Lighting: Solar wrap up lighting on flagpoles. •EV Charging Stations
•New Restroom/Kitchen/Storage Building
•Entire lake area clean-up: Complete removal of all lake debris that has accumulated over the years.
•Renovate existing Gazebo
•Main Entry Archways
•Aquatic Art Pieces
•Renovation of Dirt/Grass Areas: Replacement of grass with rock and DG ground layers with low water use plants.
•Upgrade Concession Area: Upgrades are to enhance visual atheistic and accessibility
•Parking lot rehabilitation
•Tree planting and irrigation restoration
As part of the concept design phase, staff organized several community meetings to discuss the proposed improvements, and the concept plans were prepared based on feedback from the community.

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Staff researched various vendors to construct a design concept for the new playground layout. The plans were prepared with current public outreach activities in mind (see Attachment 1: Concept Design Plans). A construction bid package, which includes specifications and cost estimates, will be prepared as part of the final design plans. Staff will return to the Council by end of the year (December 2023- estimated) to appropriate a final project budget after construction bids are received.

Staff recommends that the Council approve the concept plans prepared for Seccombe Lake Park Revitalization Project and direct staff to pursue a final design for the project.

Project budget for the proposed work was previously established through approved grant funding by the San Manuel Band of Mission Indians in the amount of $1,000,000 and assignment of funds from the American Rescue Plan Act (ARPA) held in reserve in the amount of $8,998,970 for the Seccombe Lake Park recreation improvements. Staff will return to Council to appropriate final project budget after construction bids are received.
2021-2025 Strategic Targets and Goals
The authorization of this agreement aligns with Key Target No. 4.: Economic Growth & Development. Completion of this project will improve park assets by providing ADA compliant recreational features, upgrade restroom facilities, and restore irrigation and lighting systems to provide a safe and well-maintained community park. The lake improvements will revitalize and enhance the character of the park.

Fiscal Impact
There is no General Fund impact associated with this action. Funding was previously established and exists in the project for the proposed work.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the concept plans prepared for Seccombe Lake Park Revitalization Project and direct staff to proceed with final design for the project.

Attachments
Attachment 1
Attachment 2
Presentation
Concept Plan
Ward:

First Ward
Synopsis of Previous Council Actions:

September 21, 2022 Mayor and City Council approved design services agreement award for Seccombe Lake Park
Revitalization Project.

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Title: Concept Plan Approval for Seccombe Lake Park
Revitalization Project (Ward 1)
Presented by: Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance & Susan Pan, Acting City Engineer
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• The project will revitalize the Seccombe
Lake Park with new amenities, and
restoration of existing infrastructure.
• Project will re-create a sense of place and
become a gathering point for people living
and working in the downtown area.
• This park will help build a safer community,
provide a place for children to play and
interact, walkers to walk and exercise, and
a place to relax and enjoy the outdoors.

Project Description

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• New Playground
• Entry Point Paver Upgrades
• ADA Ramps Installation
• Picnic Tables
• Pet Waste Stations
• Outdoor Amphitheater Seating
• Center Island Restoration
• Exercise Stations
• Tree Lighting
• Flagpole Lighting
• EV Charging Stations
• New Restroom/Kitchen/Storage Building
• Entire lake area clean-up
• Renovate existing Gazebo
• Main Entry Archways
• Aquatic Art Pieces
• Renovation of Dirt/Grass Areas
• Upgrade Concession Area
• Parking lot rehabilitation
• Tree planting and irrigation restoration
Project Proposed Improvements

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Concept Plan
Project Timeline
• Final Design by September 2023
• Bid, Advertise, and Contract Award by December 2023
• Construction started by January 2024, and completed by end of 2024.

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Conclusion:

Approve the concept plans prepared for Seccombe Lake Park Revitalization Project and direct staff to proceed with final design for the project.

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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: July 19, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Barbara Whitehorn, Agency Director of Administrative
Services;
Mary Lanier, Interim Agency Director of Community, Housing, and Economic Development
Department: Finance
Subject: Public Hearings on Fiscal Year 2023/24 Assessment Levies for Previously Formed Assessment Districts. (All Wards)
Recommendation:

Hold public hearings and:

1. Adopt Resolution No. 2023-108 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District No. 1022 and Zones 1, 2 and 3 thereof for Fiscal Year 2023-24;

2. Adopt Resolution No. 2023-109 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1017, 1019, 1020, 1023 and 1024 for Fiscal Year 2023-24;

3. Adopt Resolution No. 2023-110 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1028, 1029, 1030, 1031, 1032, 1035 (ZONE 1), 1035 (ZONE 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (ZONE 1), 1043 (ZONE 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068 for Fiscal Year 2023-24;

4. Adopt Resolution No. 2023-111 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 951 (ZONE 1), 951 (ZONE 2), 952 (ZONES 1, 2 AND 2A), 952 (ZONE 3), 953, 956, 959 (ZONE 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, Packet Pg. 765
993, 997, 1001, 1002, 1005, 1007, 1012 and 1016 for Fiscal Year 2023-24; and

5. Adopt Resolution No. 2023-112 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1025 and 1027 for Fiscal Year 2023-24.

Background
Assessment Districts are special districts that were formed when property owners within a geographic area agreed to impose an additional fee on property to fund services or improvements that benefitted only that specific geographic area. Each district adopted a purpose that is unique to that district depending on the needs identified by the property owners at the time of the formation of the district. A particular district’s assessment may cover “Landscaping and Sewer Lift Stations,” while another covers “Landscaping and Lighting.”
On May 17, 2023 the Mayor and City Council adopted resolutions declaring an intent to levy and collect assessments on assessable lots and parcels of property within each of the assessment districts previously established by the City of San Bernardino for Fiscal Year 2023/24 pursuant to engineer’s reports prepared by Spicer Consulting Group, LLC, the Engineer of Record, and called a public hearing on the proposed assessments to be levied on assessable lots and parcels within each assessment district for July 19, 2023. The public hearing process, to include the adoption of subsequent resolutions, must be completed prior to levying the assessments for the coming fiscal year. The notice of said hearing was duly published as required by law.

Discussion
The assessments proposed to be levied and collected from the owners of property within each previously formed assessment district for fiscal year 2023/24 will pay the costs of the following (varying by district, as discussed above): maintenance, servicing and operating of public landscaping, landscaping and lighting, sewer lift stations, landscaping and sewer lift stations, and landscaping, detention basin and storm drains and appurtenant facilities.

The assessment of an annual fee upon properties within each assessment district provides the revenue to offset the cost of maintenance of the public improvements within each assessment district. The amount of the assessments which are proposed to be levied on all parcels of assessable land within each assessment district has been determined pursuant the methodology in each engineer’s report and is based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of the public improvements. 2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 3d: Improve the City’s appearance, cleanliness and attractiveness. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

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Fiscal Impact
There is no fiscal impact to the General Fund with this action.

The assessment on properties within the assessment districts provides revenue to offset the cost of maintenance of public improvements. The engineering reports set forth the “Maximum Allowable Assessment” for each parcel.

Conclusion
Hold public hearings and:

1. 1. Adopt Resolution No. 2023-108 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District No. 1022 and Zones 1, 2 and 3 thereof for Fiscal Year 2023- 24;

4. Adopt Resolution No. 2023-111 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 951 (ZONE 1), 951 (ZONE 2), 952 (ZONES 1, 2 AND 2A), 952 (ZONE 3), 953, 956, 959 (ZONE 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016 for Fiscal Year 2023-24; and

Attachments
Attachment 1 - Resolution 2023-108 - Diagram and Assessments 1022 Attachment 2 - Resolution 2023-109 - Diagram and Assessments 1017 -1024 Attachment 3 - Resolution 2023-110 - Diagram and Assessments 1028 - 1068 Attachment 4 - Resolution 2023-111 - Diagram and Assessments 951-1016 Attachment 5 - Resolution 2023-112 - Diagram and Assessments 1025 & 1027 Ward:

All Wards

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Synopsis of Previous Council Actions:

April 19, 2023 City Council adopted a Resolution Initiating Proceedings to Levy and Collect Assessments for Fiscal Year 2023/24 in various assessment districts pursuant to the California Constitution and the City Charter, appointing the Engineer of Record and ordering preparation of engineer’s reports.

May 17, 2023 City Council adopted resolutions declaring intention to levy and collect assessments for Fiscal Year 2023/24 within
various assessment districts within the City of San
Bernardino, approved engineer’s reports for each
assessment district and provided notice of the time and place of hearing on proposed assessments in each
assessment district.

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Resolution No. 2023-108
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RESOLUTION NO. 2023-108

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

CONFIRMING THE DIAGRAM AND ASSESSMENT FOR
ASSESSMENT DISTRICT NO. 1022 AND ZONES 1, 2 AND 3
THEREOF FOR FISCAL YEAR 2023-24
WHEREAS, on May 17, 2023, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2023-066, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1022 and Zones 1, 2 and 3 thereof, of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2023-24 pursuant to the Assessment Law for 7:00 o’clock p.m. on July 19, 2023, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, or via teleconference as directed by the City due to COFID-19 social distancing guidelines; and
WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and
WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received; and

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. Findings. The City Council finds that:
(a) the above recitals are true and correct and are incorporated herein by this reference; (b) compliance has been had with all of the applicable requirements of the Assessment Law;
(c) a majority protest to the levy and collection of the proposed assessment has not been filed;

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(d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2023-24, and order the levy and collection of the assessment; and
(e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of landscaping and lighting and appurtenant facilities during Fiscal Year 2023-24, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant to the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of landscaping and lighting and appurtenant facilities.

SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of landscaping and lighting and appurtenant facilities within the Assessment District during Fiscal Year 2023-24, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment.

SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 5. Effective Date. This Resolution shall become effective immediately.

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19th day of July, 2023.
____________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-108, adopted at a regular meeting held on the 19 th day of July, 2023 by the following vote:

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Resolution No. 2023-109
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RESOLUTION NO. 2023-109

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

CONFIRMING THE DIAGRAM AND ASSESSMENT FOR
ASSESSMENT DISTRICTS NOS. 1017, 1019, 1020, 1023 AND
1024 FOR FISCAL YEAR 2023-24
WHEREAS, on May 17, 2023, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2023-064, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment Districts Nos. 1017, 1019, 1020, 1023 and 1024 of the City of San Bernardino (collectively, the “Assessment Districts”) for Fiscal Year 2023-24 pursuant to the Assessment Law for 7:00 o’clock p.m. on July 19, 2023, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, or via teleconference as directed by the City due to COVID-19 social distancing guidelines; and
WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and
WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment Districts, had not been received; and

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

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(d) the City Council may therefore proceed to confirm the assessment for the Assessment Districts for Fiscal Year 2023-24, and order the levy and collection of the assessment; and
(e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment Districts for the maintenance, servicing and operation of public landscaping and appurtenant facilities and sewer lift stations and appurtenant facilities during Fiscal Year 2023- 24, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”) for each of the Assessment Districts, are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel.

SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities and sewer lift stations and appurtenant facilities within the Assessment Districts during Fiscal Year 2023-24, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment.

SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 5. Effective Date. This Resolution shall become effective immediately.

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19th day of July, 2023.
____________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-109, adopted at a regular meeting held on the 19 th day of July, 2023 by the following vote:

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Resolution No. 2023-110
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RESOLUTION NO. 2023-110

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

CONFIRMING THE DIAGRAM AND ASSESSMENT FOR
ASSESSMENT DISTRICTS NOS. 1028, 1029, 1030, 1031, 1032, 1035 (ZONE 1), 1035 (ZONE 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (ZONE 1), 1043 (ZONE 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 AND 1068 FOR FISCAL YEAR 2023-24
WHEREAS, on May 17. 2023, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2023-067, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment Districts Nos. 1028, 1029, 1030, 1031, 1032, 1035 (Zone 1), 1035 (Zone 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (Zone 1), 1043 (Zone 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068 of the City of San Bernardino (collectively, the “Assessment Districts”) for Fiscal Year 2023-24 pursuant to the Assessment Law for 7:00 o’clock p.m. on July 19, 2023, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, or via teleconference as directed by the City due to COVID-19 social distancing guidelines; and
WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and
WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment Districts, had not been received; and

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

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(c) a majority protest to the levy and collection of the proposed assessment has not been filed;
(d) the City Council may therefore proceed to confirm the assessment for the Assessment Districts for Fiscal Year 2023-24, and order the levy and collection of the assessment; and
(e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment Districts for the maintenance, servicing and operation of public landscaping and appurtenant facilities, the maintenance, servicing and operation of seven lift stations and appurtenant facilities, and the maintenance, servicing and operation of detention basins and storm drains and appurtenant facilities during Fiscal Year 2023-24, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”) for each Assessment District, are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel.

SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities, the maintenance, servicing and operation of seven lift stations and appurtenant facilities, and the maintenance, servicing and operation of detention basins and storm drains and appurtenant facilities within the Assessment Districts during Fiscal Year 2023-24, as contained in the Report for each Assessment District, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment.

SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 5. Effective Date. This Resolution shall become effective immediately.

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Resolution No. 2023-110
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19th day of July, 2023.
____________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney

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Resolution No. 2023-110
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-110, adopted at a regular meeting held on the 19th day of July, 2023 by the following vote:

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Resolution No. 2023-111
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RESOLUTION NO. 2023-111

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

CONFIRMING THE DIAGRAM AND ASSESSMENT FOR
ASSESSMENT DISTRICTS NOS. 951 (ZONE 1), 951 (ZONE
2), 952 (ZONES 1, 2 AND 2A), 952 (ZONE 3), 953, 956, 959 (ZONE 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 AND 1016 FOR FISCAL YEAR 2023-24
WHEREAS, on May 17, 2023, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2023-068, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment Districts Nos. 951 (Zone 1), 951 (Zone 2), 952 (Zones 1, 2 and 2A), 952 (Zone 3), 953, 956, 959 (Zone 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016 of the City of San Bernardino (collectively, the “Assessment Districts”) for Fiscal Year 2023-24 pursuant to the Assessment Law for 7:00 o’clock p.m. on July 19, 2023, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, or via teleconference as directed by the City due to COVID-19 social distancing guidelines; and
WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and
WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment Districts, had not been received; and

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

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(c) a majority protest to the levy and collection of the proposed assessment has not been filed;
(d) the City Council may therefore proceed to confirm the assessment for the Assessment Districts for Fiscal Year 2023-24, and order the levy and collection of the assessment; (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment Districts for the maintenance, servicing and operation of public landscaping and appurtenant facilities for those designated Assessment Districts, landscaping and lighting for those designated Assessment Districts and for maintenance, servicing and operation of sewer lift stations and appurtenant facilities during Fiscal Year 2023-24, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”) for each of the Assessment Districts, are determined pursuant to the methodology in the engineer’s report based on special benefit conferred upon each such parcel; and
(f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2022-23.

SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities for those designated Assessment Districts, landscaping and lighting for those designated Assessment Districts and for maintenance, servicing and operation of sewer lift stations and appurtenant facilities within the Assessment Districts during Fiscal Year 2023-24, as contained in the Report for each of the Assessment Districts, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment.

SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 5. Effective Date. This Resolution shall become effective immediately.

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19th day of July, 2023.
____________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney

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Resolution No. 2023-111
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-111 adopted at a regular meeting held on the 19 th day of July, 2023 by the following vote:

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RESOLUTION NO. 2023-112

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

CONFIRMING THE DIAGRAM AND ASSESSMENT FOR
ASSESSMENT DISTRICTS NOS. 1025 AND 1027 FOR
FISCAL YEAR 2023-24
WHEREAS, on May 17, 2023, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2023-065, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment Districts Nos. 1025 and 1027 of the City of San Bernardino (collectively, the “Assessment Districts”) for Fiscal Year 2023-24 pursuant to the Assessment Law for 7:00 o’clock p.m. on July 19, 2023, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, or via teleconference as directed by the City due to COVID-19 social distancing guidelines; and
WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and
WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment Districts, had not been received; and

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

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(d) the City Council may therefore proceed to confirm the assessment for the Assessment Districts for Fiscal Year 2023-24, and order the levy and collection of the assessment; and
(e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment Districts for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2023-24, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”) for each of the Assessment Districts, are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel.

SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment Districts during Fiscal Year 2023-24 as contained in the Report for each of the Assessment Districts, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment.

SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 5. Effective Date. This Resolution shall become effective immediately.

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19th day of July, 2023.
____________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney

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Resolution No. 2023-112
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-112, adopted at a regular meeting held on the 19 th day of July, 2023 by the following vote:

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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: July 19, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Daniel Hernandez, Agency Director of Public Works,
Operations, and Maintenance
Department: Public Works
Subject: Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste
Services, Approving Third Amendment to the City’s
Exclusive Franchise Agreement for Integrated Solid
Waste Collection, Processing and Disposal Services
with Burrtec Waste Industries, Inc., and Finding the
Action Exempt from the California Environmental
Quality Act (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California execute the following actions:

1. Proceed with the continued Public Hearing to receive comments on the proposed rate increases and Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. (“Burrtec”); and

2. Close the Public Hearing after all public comments have been heard; and

3. Determine if written protests have been received from the owners and tenants from parcels which are subject to the solid waste service rate increases, and, if a majority protest is not received; and

4. Adopt either:

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a. Resolution No. 2023-113, a Resolution of the Mayor and City Council of the City of San Bernardino, California, Approving Third Amendment to the Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services with Burrtec Waste Industries, Inc., Adopting Maximum Permitted Service Rates, and Finding this Action Exempt from the California Environmental Quality Act (Option A, previously referred to as Rate Option 2), or b. Resolution No. 2023-114, a Resolution of the Mayor and City Council of the City of San Bernardino, California, Approving Third Amendment to the Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services with Burrtec Waste Industries, Inc., Adopting Maximum Permitted Service Rates, and Finding this Action Exempt from the California Environmental Quality Act (Option B, previously referred to as Rate Option 4).

Background
The City of San Bernardino (“City”) has an exclusive franchise agreement (“Agreement”) with Burrtec Waste Industries, Inc. (“Burrtec”) to provide solid waste collection, processing, and disposal services within the City. Recent changes to state law relative to organic waste collection require modifications to the existing Agreement.

The proposed rate increases for solid waste services are necessary for Burrtec to provide mandatory organic waste collection services pursuant to the SB 1383 Regulations.

On December 7, 2022, the Mayor and City Council approved Resolution No. 2022- 244 declaring the intention to conduct a Public Hearing on February 15, 2023, to consider adjusting the Maximum Permitted Service Rates for integrated solid waste collection, processing, and disposal services. Three rate options for solid waste rate increases were proposed to the City Council to implement the SB 1383 requirements. The City Council selected Option A, previously referred to as Rate Option 2, which was included in the Proposition 218 Notice as the Maximum Permitted Service Rates to City of San Bernardino customers. A copy of the Option 2 rates were attached as Exhibit A to the draft Proposition 218 notice (for a February 15, 2023 hearing) in the December 7, 2022 agenda packet.

On February 15, 2023, the Public Hearing was closed. Staff reviewed the Proposition 218 Hearing Notice, and mailed out new notices on March 31, 2023, for a Public Hearing on May 17, 2023.

On May 17, 2023, the City Council continued the Proposition 218 Hearing for June 21, 2023, and directed City staff to negotiate with the franchised hauler, Burrtec Waste Industries Inc., to provide a new option with lower rates for Council review.

On June 21, 2023, City staff requested City Council continue the Proposition 218 Hearing to the July 19, 2023, Council Meeting, in order to wrap up negotiation options with Burrtec.

Discussion

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SB 1383 Requirements
Proposed rate increases for Solid Waste Services are necessary for Burrtec to provide mandatory organic waste collection services pursuant to the SB 1383 Regulations.

Under the SB 1383 Regulations, collection will utilize a 3-container system for residents which will allow for commingling green waste and food waste in one organic waste container, and a 4-container system for commercial customers. Residents and businesses must separate organic waste (such as yard waste and food waste) from other trash to be managed at a facility other than a landfill. To accomplish this, all property owners, residents, and businesses will be required to enroll in collection services for trash, recyclables, and organic waste. Recycling services include processing of recyclables and organic wastes collected from all customers at state regulated facilities. Other portions of the solid waste service rate include fees charged to customers to provide inspections, enforcement, and oversight; maintain infrastructure; provide education and outreach; meet the organic procurement requirements, such as the acquisition of recovered compost and mulch; create an edible food recovery program; and comply with state mandates relating to solid waste service.

Proposition 218 Process
Public Notice of the proposed rate increase was sent to all property owners and residents within the City’s service area 45 days prior to the Proposition 218 Public Hearing. Property owners and customers may protest the proposed adjustment in writing; either in person at the public hearing or prior to City Clerk’s office mailing address, as shown on the notice. Formal written protests must include:

1. The identified property owner or tenant is in opposition to the proposed rate increase to the fees.

2. The location of the identified parcel.

3. The name and signature of the property owner or tenant submitting the protest.

As of the date this staff report was published, the Public Works Department received approximately 51 calls from customers. The calls generally focused on clarification of the rate proposal, what the increase of rates were for, and requests for a Spanish copy of the Proposition 218 Notice. To date, the City has received 144 formal protest letters.

The current monthly residential rate for solid waste collection services is $26.42. In 2022, CPI rate adjustment was deferred and did not take effect on July 1, 2022, as negotiations were in process between the City and Burrtec.

With continuation of the Proposition 218 Public Hearing for the New Solid Waste Rates and the Third Amendment to the Agreement with Burrtec Waste Industries Inc., two rate structure options are brought for review:
•Option A (previously referred to as Rate Option 2) which aligns with the Proposition 218 notice mailed on March 31, 2023, with some rates lowered

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since the May 17, 2023 Council meeting; and,
•Option B, which presents a new option with rates lower than the Proposition 218 notice mailed on March 31, 2023
Comparison of Two Rate Options
SB 1383 Implementation for Residential and Commercial Programs Option A
(previously referred to as Rate Option 2)
Option B
Term Length 5-year term extension ends March 31, 2031 10-year term extension ends March 31, 2036 Annual CPI
CPI annual rate adjustment on all Service
components (trash, recycling, and organic
waste) with 5% cap
CPI annual rate adjustment on all rate
Service components (Service, trash,
recycling, and organic waste) with 5% cap
Rate
Adjustment
Credit
Residential rate adjustment credit for 2022
rate increase.

Phase residential rate adjustment credit over
next 3 years (FY 2022-2025)
Processing/
Disposal Fees
Pass through of all green/organic waste
processing and disposal fee increases only
with no annual cap as of FY 2023-2024
Pass through of ALL landfill, recycling &
green waste/ organic waste processing &
disposal fee increases with no annual cap, as
of FY 2023-2024.

Senior
Discount 35-gallon Senior discount (10%) 35-gallon Senior discount (10%) Expansion of
the Quality of
Life Program
to address
cleanup of
encampments
One quality of life team (4 employees and 1
supervisor)
Two quality of life teams (8 employees and 1
shared supervisor)
As seen in the table above, Option A locks in the maximum permitted service rate at a 5% cap, therefore the rates increase overtime in a uniform manner, with exception to the pass through of organics processing and disposal costs. Option B provides lower rates in the next 4 years due to Burrtec subsidizing to produce lower rates for the residents. As Option B agreement term progresses, the costs will be dependent on the market rate, which Burrtec will fully pass through.

Both options presented also have advantages.
•Option A (previously referred to as Rate Option 2) preserves most of the rate structure locked into the 5% CPI cap and comes with a 5-year term extension.

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•Option B’s initial implementation cost of SB 1383 requirements the first few years is lower than Option A due to a 10-year term extension and will be adjusted the first few years to fully reach the implementation cost. •Expansion of the Quality of Life Program to address encampments Changes to Rate Options A and B and/or the Third Amendment since the May 17, 2023 Council meeting:
•Option B was discussed with Burrtec for presentation before the City Council. •Both Options A and B include rates that are lower than those published in the Proposition 218 notice:
•For the approval of Option A (previously referred to as Rate Option 2), the new rate for residential collections will increase from $26.42 to $36.17 per month ($9.75 per month increase), effective July 19, 2023. •For the approval of the Option B, the new rate for residential collections will increase from $26.42 to $30.71 per month ($4.29 per month increase), effective July 19, 2023.
•A senior discount was added to both Options A and B.
•Options A and B clarified the sub-categories and rates for mobile home service. •Language in the Third Amendment was amended to expand the Quality of Life Program to address cleanup of encampments.

Third Amendment to the Franchise Agreement with Burrtec Due to the SB 1383 mandate, the City is required to implement collection programs for residential and commercial waste generators. Under the mandate, more services will be required to implement a program that will keep the jurisdiction in compliance.

The Third Amendment to Agreement with Burrtec addresses SB 1383 requirements by:
•Providing food organics collection services to single-family residential, multi-family residential, and commercial customers.
•Providing education and outreach to customers on how to recycle organic waste. •Providing additional information if a customer is considered a Tier 1 or Tier 2 commercial edible food generators
•Identification of Tier 1 commercial edible food generators to help in the creation of edible food recovery program.

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•Implementing:
•Record keeping;
•Route reviews; and
•Waste evaluations.
•Providing assistance with enforcement.
•Providing assistance in the procurement requirements to meet the City’s annual recovered organic waste requirements.
•Updating Liquidated Damages provisions to include penalties for failure to comply with SB 1383 requirements.

To provide the additional service required by state law, an increase in the rates was proposed by Burrtec to fund the additional program. City staff met with Burrtec to negotiate solid waste service rates to implement the SB 1383 Regulations. Per Section

21.1.3(c) of the franchise agreement, Burrtec may adjust the Maximum Permitted Service Rates by an amount equal to the increase in costs due to a change in law.

The rates will be adjusted for an annual CPI adjustment beginning July 19, 2023 and each July 1 thereafter, through and including July 1, 2027,using the 12-month annual average percentage change for the most recent calendar year, compared to the prior calendar year, in the All-Urban Consumers Index (CPI-U) , Not Seasonally Adjusted, All items, Riverside-San Bernardino-Ontario, CA, as published by the US Department of Labor, Bureau of Labor Statistics.

Commercial collection rates can have numerous variations and are based on the size, type of materials accepted in the containers, and frequency of collections per week.

The SB 1383 Regulations took effect on January 1, 2022. It should be noted that if there is further delay of the City’s implementation of the SB 1383 Regulations, the State of California (CalRecycle) may issue a Notice of Violation, which the City will need to correct, or else face penalties up to $10,000 a day. CalRecycle is aware of the efforts of the City and Burrtec to negotiate the required services to put the City in compliance with the SB 1383 Regulations.

End Dump Services and Self-Haul
During negotiations, commercial customers reached out for end dump services within our jurisdiction. There is no current service rate for end dump truck services, and therefore, Burrtec could not provide these services to projects requesting them. The City requested the service rate for end dump trucks to be posted on the proposed rate schedule to allow Burrtec to provide this service to customers requesting it. This added rate is charged hourly, as trucks are loaded live.

Exempt from CEQA
The Resolution is not subject to the requirements of the California Environmental

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Quality Act (“CEQA”). The approval of the Third Amendment it is not a “project” within the meaning of 14 CCR Section 15378 (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical change in the environment.

The charges are exempt from CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a) because such charges are necessary and reasonable to fund the administration, operation, maintenance, and improvements of the solid waste collection system. 2021-2025 Strategic Targets and Goals
A Public Hearing to consider adjusting the Maximum Permitted Services Rates, as well as the amendment of the Franchise Agreement between the City and Burrtec, meets Key Target No. 3c: Improved Quality of Life by evaluating and enhancing the quality of public safety services and Key Target No. 3d: To improve the City’s appearance, cleanliness, and attractiveness.

Fiscal Impact
There are no costs incurred through the General Fund with this action. The General Fund receives Franchise Fee revenues from Burrtec Disposal; therefore, rate increases equate to increased revenues for the General Fund and have been accounted for in the re-adoption of the FY 2023/24 Budget.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California execute the following actions:

1. Proceed with the continued Public Hearing to receive public comment on the proposed rate increases and Third Amendment to the City’s exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. (“Burrtec”); and

2. Close the Public Hearing after all public comments have been heard; and

4. Adopt either:
a. Resolution No. 2023-113, a Resolution of the Mayor and City Council of the City of San Bernardino, California, Approving Third Amendment to the Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services with Burrtec Waste Industries Inc., Adopting Maximum Permitted Service Rates, and Finding the Action Exempt from the California Environmental Quality Act (Option A, previously referred to as Rate Option 2), or

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b. Adopt Resolution No. 2023-114, a Resolution of the Mayor and City Council of the City of San Bernardino, California, Approving Third Amendment to the Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services with Burrtec Waste Industries, Inc., Adopting Maximum Permitted Service Rates, and Finding this Action Exempt from the California Environmental Quality Act (Option B).

Attachments
Attachment 1 Resolution 2023-113 Approving Third Amendment to Franchise Agreement (Option A)
Attachment 2 Resolution 2023-114 Approving Third Amendment to Franchise Agreement (Option B)
Attachment 3 Proposition 218 Notice
Attachment 4 Presentation of Rate Adjustment
Attachment 5 Resolution No. 2016-10 and Franchise Agreement with Burrtec Waste Industries, Inc., approved January 25, 2016
Attachment 6 First Amendment to Franchise Agreement, approved January 25, 2016
Attachment 7 Second Amendment to Franchise Agreement, approved January 25, 2016
Attachment 8 Agreement Comparison for Various Cities
Ward:

All Wards
Synopsis of Previous Council Actions:

January 25, 2016 Resolution of the Mayor and City Council of City of San Bernardino approving a ten-year Exclusive Franchise
Agreement for Integrated Solid Waste Collection, Professing, and Disposal Services with Burrtec Waste Industries, Inc.

December 7, 2022 Council approval of Resolution No. 2022- 244 declaring the intention to conduct a Public Hearing on February 15, 2023, to consider adjusting the Maximum Permitted Service Rates for integrated solid waste collection, processing, and
disposal services.

May 17, 2023 Public Hearing Regarding Solid Waste Rate increases and Resolution Adopting Rates for Solid Waste Services,
Approving Third Amendment to the City’s Exclusive
Franchise Agreement for Integrated Solid Waste Collection Processing and Disposal Services with Burrtec Waste
Industries, Inc, and Finding the Action Exempt from the California Environmental Quality Act (All Wards)

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June 21, 2023 Continuation of Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s
Exclusive Franchise Agreement for Integrated Solid Waste Collection Processing and Disposal Services with Burrtec Waste Industries, Inc, and Finding the Action Exempt from the California Environmental Quality Act (All Wards)

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Resolution No. 2023-113
RESOLUTION NO. 2023-113

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO , CALIFORNIA,

APPROVING THIRD AMENDMENT TO THE EXCLUSIVE

FRANCHISE AGREEMENT FOR INTEGRATED SOLID

WASTE COLLECTION, PROCESSING, AND DISPOSAL
SERVICES WITH BURRTEC WASTE INDUSTRIES, INC.,

ADOPTING MAXIMUM PERMITTED SERVICE RATES ,

AND FINDING THIS ACTION EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, Burrtec Waste Industries, Inc. (“Burrtec”) provides solid waste , recycling, and organic waste collection, procession and disposal, street sweeping, and right-of-way clean up services are provided to the City of San Bernardino (“City”) pursuant to an exclusive franchise agreement with the City (“Agreement”); and,
WHEREAS, Burrtec is required to provide such solid waste, recycling, and organic waste services (“Services”) as set forth in the Agreement; and WHEREAS, since the approval of the Agreement, California law changed to now require the City to implement additional solid waste diversion programs; and WHEREAS, Burrtec will continue to provide Services that comply with regulations to implement SB 1383 (Chapter 395, Statutes of 2016) (“SB 1383 Regulations”), to the City; and WHEREAS, the City desires to amend the Agreement with Burrtec that additional services and updated rates for Services; and,
WHEREAS, the rate structure for solid waste, recycling, and organic waste (including green waste and food waste) collection is based on the container size, type, of materials a ccepted in the containers, and frequency of collection; and
WHEREAS, the City has determined that it is necessary to impose new, increased or modified rates for its solid waste service charges (collectively herein, the “Charges”); and WHEREAS, the amount of the Charges will not exceed the proportional cost of the service attributable to each parcel upon which they are proposed for imposition; and WHEREAS, the Charges will not be imposed on a parcel unless the services are actually used by, or immediately available to, the owner or tenant of the parcel; and WHEREAS, California Constitution, article XIII D, section 6 (“Article XIII D”) requires that prior to imposing any increase to the Charges, the City shall provide written notice (the “Notice”) by mail of: (1) the proposed increases to such Charges to the record owner of each parcel

Resolution 2023-113
July 19, 2023

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Resolution No. 2023-113
upon w
hich the Charges are proposed for imposition and any tenant directly liable for payment of the Charges; (2) the amount of the Charges proposed to be imposed on each parcel; (3) the basis upon which the Charges were calculated; (4) the reason for the Charges; and (5) the date, time, and location of a public hearing (the “Hearing”) on the proposed Charges; and WHEREAS, pursuant to Article XIII D such Notice is required to be provided to the affected property owners and any tenant directly liable for the payment of the Charges not less than 45 days prior to the Hearing on the proposed Charges; and WHEREAS, the Notice was mailed in accordance with Article XIII D; and WHEREAS, the Hearing was held on this day, July 19, 2023; and WHEREAS, at the Hearing the City Council heard and considered all oral testimony, written materials, and written protests concerning the establishment and imposition of the proposed Charges, and at the close of the Hearing the City did not receive written protests against the establishment and imposition of the proposed rate increases for the Charges from a majority of the affected property owners upon which the Charges are proposed for imposition or any ten ants directly liable for the payment of the Charges; and
WHEREAS, the City Council now desires to establish and impose the proposed Charges.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Council hereby approves the Charges, effective immediately , for the Services, at the maximum rates as set forth in Exhibit A, attached hereto and incorporated herein by this reference.

SECTION 3. To the extent any Charges established by this Resolution are inconsistent with any Charges previously adopted by the City Council, it is the explicit intention of the City Council that the Charges adopted pursuant to this Resolution shall prevail.

SECTION 4. The City Council hereby approves the Third Amendment to the City of San Bernardino’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services with Burrtec Waste Industries, Inc., attached hereto as Exhibit B and incorporated herein by this reference.

SECTION 5. For the fiscal year beginning July 1, 2024, and annually thereafter on July 1 through and including July 1, 2027, the maximum rates provided in Exhibit A shall be automatically adjusted shall be adjusted by the 12- month annual average percentage change for the most recent calendar year, compared to the prior calendar year, in the All Urban Consumers Index (CPI-U), Not Seasonally Adjusted, All Items, Rive rside-San Bernardino-Ontario, CA, as Resolution 2023-113
July 19, 2023

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publ
ished by the U.S. Department of Labor, Bureau of Labor Statistics, subject to a 5% cap on Maximum Permitted Service Rates. If the CPI is less than 5% for any year, the actual rates (not including organic waste processing and disposal pass -through fees) charged to customers will be less than the rates in the schedule in Exhibit A. For the fiscal year beginning July 1, 2024, and annually thereafter on July 1 through and including July 1, 2027, the rates in Exhibit A shall also be adjusted annually to account for the actual costs of processing and disposal fees for organic waste.

SECTION 6 . This Resolution is not subject to the requirements of California Environmental Quality Act (“CEQA”). The approval of this Resolution is not a “project” within the meaning of Section 15378 of Title 14 of the California Code of Regulations (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical change in the environment. The Charges are exempt from CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a) because such charges are necessary and reasonable to fund the administration, operation, maintenance, and improvements of the integrated solid waste collection system. The documents and materials that constitute the record of proceedings on which these findings have been based are located at 215 North “D” Street, San Bernardino, CA 92401. The custodian for these records is the City Clerk of the City.

SECTION 7. If any section, subsection, subdivision, sentence, clause, or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 8. This Resolution shall take effect immediately upon adoption.

SECTION 9. The City Clerk shall attest and certify to the passage and adoption thereof.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19
th day of July, 2023.

Helen Tran, Mayor
City of San Bernardino
A
ttest:

Genoveva Rocha, CMC, City Clerk
Resolution 2023-113
July 19, 2023

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Resolution No. 2023-113
Sonia Carvalho, City Attorney
Approved as to form:

Resolution 2023-113
July 19, 2023

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of 5

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Resolution No. 2023-113

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-113, adopted at a regular meeting held on the 19th day of July 2023 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
W
ITNESS my hand and official seal of the City of San Bernardino this 19th day of July 2023.

Genoveva Rocha, CMC, City Clerk
Resolution 2023-113
July 19, 2023

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XHIBIT A

MAXIMUM PERMITTED SERVICE RATES

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Burrtec Waste Industries, Inc
City of San Bernardino
Option A
Current 7/20/2023 Current 7/20/2023
Rates Rates Rates Rates
Residential/MF Barrel 26.42$ 36.17$ Commercial Barrel 26.42$ 29.24$ Residential 35 Gal Barrel n/a 28.49$ (incl Trash & Recycling Barrel) Residential 35 Gal Barrel Sr n/a 25.64$
Mobile Home - 3 Barrel Service 17.73$ 36.22$ Commercial Compactors Mobile Home Complex - 2 Barrel n/a 20.56$ Size Freq
2 cu. yrd. 1 x Wk 152.41$ 170.28$
Residential Trash Bins 2 cu. yrd. 2 x Wk 285.57$ 319.56$ Size Freq 2 cu. yrd. 3 x Wk 420.12$ 470.38$
1 cu. yrd. 1 x Wk 128.28$ 141.94$ 2 cu. yrd. 4 x Wk 553.86$ 620.33$ 1 cu. yrd. 2 x Wk 235.06$ 260.38$ 2 cu. yrd. 5 x Wk 687.86$ 770.53$ 1 cu. yrd. 3 x Wk 348.56$ 386.18$ 2 cu. yrd. 6 x Wk 914.95$ 1,022.20$ 1 cu. yrd. 4 x Wk 459.37$ 509.04$ 3 cu. yrd. 1 x Wk 179.87$ 202.25$ 1 cu. yrd. 5 x Wk 567.48$ 628.96$ 3 cu. yrd. 2 x Wk 335.00$ 377.60$ 1 cu. yrd. 6 x Wk 757.61$ 838.30$ 3 cu. yrd. 3 x Wk 492.89$ 555.89$ 2 cu. yrd. 1 x Wk 128.87$ 144.60$ 3 cu. yrd. 4 x Wk 643.92$ 726.71$ 2 cu. yrd. 2 x Wk 236.22$ 265.76$ 3 cu. yrd. 5 x Wk 805.93$ 909.54$ 2 cu. yrd. 3 x Wk 350.32$ 394.29$ 3 cu. yrd. 6 x Wk 1,076.39$ 1,210.56$ 2 cu. yrd. 4 x Wk 461.70$ 519.80$ 4 cu. yrd. 1 x Wk 179.87$ 204.33$ 2 cu. yrd. 5 x Wk 570.42$ 642.45$ 4 cu. yrd. 2 x Wk 335.00$ 381.73$ 2 cu. yrd. 6 x Wk 761.10$ 854.45$ 4 cu. yrd. 3 x Wk 492.89$ 562.05$ 3 cu. yrd. 1 x Wk 137.52$ 156.10$ 4 cu. yrd. 4 x Wk 643.92$ 734.96$ 3 cu. yrd. 2 x Wk 260.45$ 296.31$ 4 cu. yrd. 5 x Wk 805.93$ 919.83$ 3 cu. yrd. 3 x Wk 387.00$ 440.43$ 4 cu. yrd. 6 x Wk 1,076.39$ 1,222.91$ 3 cu. yrd. 4 x Wk 508.39$ 578.94$
3 cu. yrd. 5 x Wk 632.44$ 720.36$ Commercial/MF/Resi GW Bins 3 cu. yrd. 6 x Wk 967.58$ 1,091.93$ Size Freq
4 cu. yrd. 1 x Wk 151.54$ 173.44$ 1 cu. yrd. 1 x Wk 123.20$ 134.32$ 4 cu. yrd. 2 x Wk 286.96$ 329.31$ 1 cu. yrd. 2 x Wk 227.60$ 248.14$ 4 cu. yrd. 3 x Wk 422.35$ 485.14$ 1 cu. yrd. 3 x Wk 334.68$ 364.89$ 4 cu. yrd. 4 x Wk 556.44$ 639.56$ 1 cu. yrd. 4 x Wk 441.75$ 481.61$ 4 cu. yrd. 5 x Wk 690.50$ 793.98$ 1 cu. yrd. 5 x Wk 547.45$ 596.85$ 4 cu. yrd. 6 x Wk 1,194.23$ 1,351.38$ 2 cu. yrd. 1 x Wk 124.09$ 135.29$ 6 cu. yrd. 1 x Wk 219.94$ 252.11$ 2 cu. yrd. 2 x Wk 229.37$ 250.07$ 6 cu. yrd. 2 x Wk 419.68$ 482.24$ 2 cu. yrd. 3 x Wk 337.33$ 367.77$ 6 cu. yrd. 3 x Wk 620.77$ 713.83$ 2 cu. yrd. 4 x Wk 445.28$ 485.47$ 6 cu. yrd. 4 x Wk 827.26$ 951.30$ 2 cu. yrd. 5 x Wk 551.88$ 601.68$ 6 cu. yrd. 5 x Wk 1,016.26$ 1,169.70$ 3 cu. yrd. 1 x Wk 133.05$ 145.06$ 6 cu. yrd. 6 x Wk 1,207.95$ 1,391.01$ 3 cu. yrd. 2 x Wk 251.25$ 273.92$ 3 cu. yrd. 3 x Wk 367.95$ 401.15$
Commercial/MF Trash Bins 3 cu. yrd. 4 x Wk 484.67$ 528.41$ Size Freq 3 cu. yrd. 5 x Wk 599.99$ 654.14$
1 cu. yrd. 1 x Wk 145.42$ 160.60$ 4 cu. yrd. 1 x Wk 145.54$ 158.68$ 1 cu. yrd. 2 x Wk 266.44$ 294.59$ 4 cu. yrd. 2 x Wk 270.47$ 294.88$ 1 cu. yrd. 3 x Wk 395.11$ 436.96$ 4 cu. yrd. 3 x Wk 396.78$ 432.59$ 1 cu. yrd. 4 x Wk 520.70$ 575.94$ 4 cu. yrd. 4 x Wk 524.47$ 571.80$ 1 cu. yrd. 5 x Wk 643.27$ 711.61$ 4 cu. yrd. 5 x Wk 649.41$ 708.02$ 1 cu. yrd. 6 x Wk 858.77$ 948.60$ 6 cu. yrd. 1 x Wk 167.50$ 182.62$ 2 cu. yrd. 1 x Wk 146.08$ 163.36$ 6 cu. yrd. 2 x Wk 311.65$ 339.77$ 2 cu. yrd. 2 x Wk 267.76$ 300.16$ 6 cu. yrd. 3 x Wk 458.56$ 499.95$ 2 cu. yrd. 3 x Wk 397.10$ 445.28$ 6 cu. yrd. 4 x Wk 587.64$ 640.67$ 2 cu. yrd. 4 x Wk 523.35$ 587.05$ 6 cu. yrd. 5 x Wk 746.87$ 814.28$ 2 cu. yrd. 5 x Wk 646.58$ 725.51$ 35Gal Barrel 1 x Wk n/a 47.54$ 2 cu. yrd. 6 x Wk 862.73$ 965.30$ 35Gal Barrel 2 x Wk n/a 79.70$ 3 cu. yrd. 1 x Wk 155.88$ 176.13$ 35Gal Barrel 3 x Wk n/a 106.91$ 3 cu. yrd. 2 x Wk 295.24$ 334.24$ 35Gal Barrel 4 x Wk n/a 134.53$ 3 cu. yrd. 3 x Wk 438.67$ 496.79$ 35Gal Barrel 5 x Wk n/a 171.74$ 3 cu. yrd. 4 x Wk 576.27$ 652.99$ 65Gal Barrel 1 x Wk n/a 53.86$ 3 cu. yrd. 5 x Wk 716.89$ 812.44$ 65Gal Barrel 2 x Wk n/a 92.26$ 3 cu. yrd. 6 x Wk 1,096.78$ 1,232.81$ 65Gal Barrel 3 x Wk n/a 125.71$ 4 cu. yrd. 1 x Wk 171.77$ 195.53$ 65Gal Barrel 4 x Wk n/a 159.56$ 4 cu. yrd. 2 x Wk 325.27$ 371.08$ 65Gal Barrel 5 x Wk n/a 203.00$ 4 cu. yrd. 3 x Wk 478.75$ 546.66$
4 cu. yrd. 4 x Wk 630.74$ 720.59$ Commercial Food Waste 4 cu. yrd. 5 x Wk 782.71$ 894.51$ Size Freq
4 cu. yrd. 6 x Wk 1,353.70$ 1,525.24$ 2 cu. yrd. 1 x Wk 263.53$ 287.30$ 6 cu. yrd. 1 x Wk 249.30$ 284.13$ 2 cu. yrd. 2 x Wk 475.26$ 518.15$ 6 cu. yrd. 2 x Wk 475.72$ 543.36$ 2 cu. yrd. 3 x Wk 670.32$ 730.81$ 6 cu. yrd. 3 x Wk 703.65$ 804.23$ 2 cu. yrd. 4 x Wk 866.88$ 945.10$ 6 cu. yrd. 4 x Wk 937.71$ 1,071.75$ 2 cu. yrd. 5 x Wk 1,095.40$ 1,194.25$ 6 cu. yrd. 5 x Wk 1,151.95$ 1,317.68$ 2 cu. yrd. 6 x Wk 1,257.62$ 1,371.11$ 6 cu. yrd. 6 x Wk 1,369.23$ 1,566.93$ 35Gal Barrel 1 x Wk n/a 67.15$ 35Gal Barrel 2 x Wk n/a 118.93$
Commercial/MF/Resi Recycling Bins 35Gal Barrel 3 x Wk n/a 165.75$ Size Freq 35Gal Barrel 4 x Wk n/a $ 212.99
All Sizes 1 x Wk $ 53.59 $ 58.42 35Gal Barrel 5 x Wk n/a $ 269.81 All Sizes 2 x Wk $ 107.17 $ 116.83 35Gal Barrel 6 x Wk n/a $ 306.88 All Sizes 3 x Wk $ 160.76 $ 175.27 65Gal Barrel 1 x Wk $ 78.46 $ 85.54 All Sizes 4 x Wk $ 215.00 $ 234.39 65Gal Barrel 2 x Wk $ 143.25 $ 156.18 All Sizes 5 x Wk $ 268.58 $ 292.81 65Gal Barrel 3 x Wk $ 203.65 $ 222.01 All Sizes 6 x Wk $ 322.17 $ 351.24 65Gal Barrel 4 x Wk $ 264.40 $ 288.26 65Gal Barrel 5 x Wk $ 333.63 $ 363.74
65Gal Barrel 6 x Wk $ 385.35 $ 420.13

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Burrtec Waste Industries, Inc
City of San Bernardino
Option A
Current 7/20/2023
Rates Rates
Roll-Off - Service Only
- All Refuse Permanent - Plus Disposal 381.73$ 422.41$ - All Refuse Temporary 615.90$ 450.71$
incl Disp + Disposal
- All Recycling (Different Materials) - Plus Disposal 381.73$ 416.18$ - Waste to Energy - Plus Disposal n/a 1,401.55$
Roll Off Retractable Lid Monthly Rental Fee n/a 257.20$ Receiver n/a 334.38$
Compactor Box n/a 465.63$
Water Reclamation 131.00$ 142.82$
Miscellaneous RO Compactor Repair (per hour) 76.21$ 83.09$ Compactor Cleaning (each/single occurrence) 151.90$ 165.61$ Dry Run / Relocate Roll Offs (Perm & Temp) 85.44$ 93.15$ Roll Off Daily Rental Fee (Perm & Temp) 42.03$ 45.82$ Stand By / Roll-Back Roll Offs (Perm & Temp) 154.58$ 168.53$ per occurrence in excess of 15 min
End Dump Service (per Hour) n/a 234.38$
Certificate of Destruction 127.03$ 138.50$
Residential/Commercial
- Barrel Exchange (first Exchange free) charge does not apply to graffiti 17.24$ 18.80$ or damaged barrels
Commercial
- Barrel Replacement comml-lost or stolen 85.16$ 92.84$ Bin Services
- Bin Exchange (first Exchange free) charge does not apply to graffiti 86.22$ 94.00$ or damaged bins
- Bin Replacement + actual cost of bin comml-lost or stolen 93.98$ 102.46$ Bin Enclosure Cleaning (each/single occurrence) 42.33$ 46.15$ Bin Steam Cleaning (each/single occurrence) 42.33$ 46.15$ Pull Out Service - Backyard Barrel Frail/Handicap (Resi/MH/MF) N/C N/C Extra Trash Barrel (Resi/MF/MH/Commercial) 14.77$ 16.11$ Extra Recycling Barrel (Resi/MF/MH/) N/C N/C
Extra Recycling Barrel (Com) 26.98$ 29.41$
Extra Green Waste Barrel (Resi/MF only) 12.93$ 14.10$ Pull Out Service - Bin (1-6 Yard) x1 76.63$ 83.55$
Temporary Bin (3 Yrd) - 7 Day use 78.60$ 85.69$
Temp Bin Dump and Return 78.60$ 85.69$
Clean-Up Service (per 15 min) 41.27$ 44.99$
Recycling Contamination Barrel n/a 11.51$
Recycling Contamination (each bin) 67.20$ 73.27$
Extra Pick-Ups Bins - On Service Day
1 & 2 Yard (Trash/Recyc) 28.80$ 31.40$
3 Yard (Trash/Recyc) 31.32$ 34.15$
4 Yard (Trash/Recyc) 34.31$ 37.41$
6 Yard (Trash/Recyc) 40.65$ 44.32$
Extra Pick-Ups All Bins - On Non-Service Day (Trash) 51.25$ 55.87$ Extra Pick-Ups All Bins - On Non-Service Day (Recyc) 39.87$ 43.47$ Extra Pick-Ups Compactors (Trash)
2 Yard 31.32$ 34.15$
3 & 4 Yard 34.31$ 37.41$
Extra Pick-Up Barrel - Residential/Mobile Home 10.56$ 11.51$ Extra Pick-Ups FW Bins $ 9 9.73 $ 1 08.73
Extra Pick-Ups Barrel - FW $ 2 9.69 $ 3 2.37
Tilhopper (3 yd) $ 3 4.18 $ 3 7.26
Lock $ 2 0.16 $ 2 1.98
Late set-out fee $ 3 2.74 $ 3 5.69
Late Fee 1.5% 1.5%
Shopping cart retrieval $ 2 5.00 $ 2 6.25
Additional Services

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Resolution No. ___

EXHIBIT B

THIRD AMENDMENT

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THIRD AMENDMENT TO THE CITY OF SAN BERNARDINO’S EXCLUSIVE

FRANCHISE AGREEMENT FOR INTEGRATED SOLID WASTE

COLLECTION, PROCESSING, AND DISPOSAL SERVICES
WITH BURRTEC WASTE INDUSTRIES, INC.

This Third Amendment to the City of San Bernardino’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services with Burrtec Waste Industries, Inc. (“ Third Amendment”) is made and entered into as of July 19 , 2023 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Burrtec Waste Industries, Inc. a California corporation organized under the laws of the State of California (“Contractor”). City and Contractor are s ometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS

A. WHEREAS, the City and Contractor entered into an Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services dated January 25, 2016, as amended by the First Amendment to Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services and the Second Amendment to Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services (“Agreement”), for the purpose of providing the collection, recycling, diversion and disposal of Solid Waste from Service Units in the City of San Bernardino; and

B. WHEREAS, pursuant to Section 33.8 of the Agreement, the Agreement may only be amended by written agreement signed by both the City and Contractor; and,

C. WHEREAS, the SB 1383 Regulations promulgated by the California Department of Resources Recycling and Recovery (“CalRecycle”) to implement SB 1383 (Chapter 395, Statutes of 2016) require residential and commercial waste generators to participate in organic recycling programs; and

D. WHEREAS, the SB 1383 Regulations require the City to implement Collection programs, meet Processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, conduct enforcement, and fulfill other requirements; and, the City has chosen to delegate some of its responsibilities to Contractor, acting as the City’s designee, and Contractor desires to take on these responsibilities; and

E. WHEREAS, the Parties now desire to modify the Agreement to implement changes required by the SB 1383 Regulations.

NOW, THEREFORE , in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Third Amendment and the Agreement , the Parties mutually agree as follows:

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1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Definitions. The Definitions as stated in the Section 1 shall be amended or added to read as follows:

a. 1.19 “Consumer Price Index or CPI” means the twelve (12) month annual average percentage change the All Urban Consumers Index (CPI-U), Not Seasonally Adjusted, All Items, Riverside-San Bernardino-Ontario, CA (CUURS49CSA0), as published by the U.S. Department of Labor, Bureau of Labor Statistics, for the most calendar year, compared to the prior calendar year .

b. 1.27 “ Food Waste” means Source Separated Food Scraps and Food Soiled Paper.

With respect to Single -Family Dwelling Service Units and Multi- Family Dwelling Service Units, Food Waste is a subset of source -separated Organic Container Waste. Edible food separated for food recovery shall not be considered Food Waste.

c. 1.34 “Organic Wa ste” means Solid Wastes containing material originated f rom living organisms and their metabolic waste products including, but not limited, to, food, yard trimmings, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, ma nure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a).

d. 1.48 “Term” means the operative life of this Agreement as stated in Section 4.2.

e. “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), as may be amended from time to time.

f. “Disposal Fees” means the per ton fee charged at such place or places for the disposal, or processing as appropriate, of Solid Waste and other materials as appropriate.

g. “Edible Food” means food intended for human consumption. For the purposes of this Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for Edible Food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall

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apply to this Agreement.

h. “Excluded Waste” means hazardous substances, Hazardous Waste, infectious waste, designated waste, volatile, corrosive, medical Waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III Landfills or accepted at the facility by permit conditions, waste that in the City’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Contractor or City to potential liability: but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

i. “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease whe n such materials are Source Separated from other Food Scraps.

j. “Food-Soiled Paper” means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

k. “Hauler Route(s)” means the designated itinerary or sequence of stops for each segment of the CITY’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

l.
“Material Processing Fees ” means the per ton fee charged at such place or places for the purpose of receiving, sorting, processing, storing, or preparing materials for sale or further processing.

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Container; (ii) discarded materials placed in the Organic Waste Container that are not identified as acceptable Source Separated Organic Waste for the Organic Waste Container; (iii) discarded materials placed in the Solid Waste Container that are acceptable Source Separated Recyclable Materials and/or S ource Separated Organic Waste to be placed in Organic Waste Container and/or Recyclable Materials Container; and (iv) Excluded Waste placed in any Container

n. “Source Separated” means materials, including commingled Recyclable Materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or Processing those materials for Recycling or Reuse in order to return them to the economic mainstream in th e form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the Agreement, Source Separated shall i nclude separation of materials by the generator, property owner or tenant into different Containers for the purpose of collection such that Source Separated materials are separated from Solid Waste for the purposes of collection and processing.

o. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982:

A. Supermarket.

B. Grocery Store with a total facility size equal to or greater than 10,000 square feet.

C. Food Service Provider.

D. Food Distributor.

E. Wholesale Food Vendor.

p.
“Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982:

A. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

B. Hotel with an on-site food facility and 200 or more rooms.

C. Health facility with an on-site food facility and 100 or more beds.

D. Large Venue (as defined in 14 CCR Section 18982(a)(38)).

E. Large Event
(as defined in 14 CCR Section 18982(a)(39))
F. A State agency with a cafeteria with 250 or more seats or total cafeteria

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facility size equal to or greater than 5,000 square feet.

G. A local education agency with an on-site food facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Agreement

3. Self-Hauling. Section 2.9 shall be amended in its entirety to read as follows:

2.9 Self-Hauling. Self-hauling is allowed as specified in the San Bernardino Municipal Code. This Agreement does not prohibit such materials which are removed from any Service Unit in the City and which are transported personally by the owner or occupant of such premises to a processing or disposal facility pursuant to the San Bernardino Municipal Code. This Agreement shall not prohibit gardeners and landscapers from collecting, transporting and composting or disposing of Green Wast e, as long as they transport such Green Waste to an Organic Processing Facility, or other site permitted (or exempt from permitting) by CalRecycle, or its successor agency, in accordance with all governing laws and regulations and submit reports required by City. “Self-hauling” shall have the same definition as in Section 8.24.010 of the San Bernardino Municipal Code.

4. Monthly Franchise Fee Payment . The following shall be added to the end of Section

3.4.8:

The Franchise Fee Payment may be decreased by the City during the Term of this Agreement without Contractor’s prior written consent, and if the Franchise Fee is adjusted, City shall provide written notice to the Contractor.

5. Term. Section 4.2 shall be amended in its entirety to read as follows:

4.2.1 Term of Agreement. The term of this Agreement shall expire on March 31, 2031, subject to early termination or extension as may occur pursuant to this Agreement.

6. Term Extension. Section 4.3 shall be amended in its entirety to read as follows:

4.3 Term Extension. At the City’s sole option, City may invite Contractor to meet, confer, and negotiate regarding one 5 -Year extension to the Agreement, provided the Term has not been earlier terminated or has already been set for early termination, and Contractor is not then in material breach of the Agreement. The time period to negotiate any term shall commence April 1, 2028, and end no later than March 31, 2029. (“Exclusive Negotiating Period” ) All terms and conditions of the Agreement shall be open to negotiation, but neither Party shall be obligated to agree to an extension of the Term or to any modification of the terms and conditions of the Agreement. In the event, the

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Parties have not mutually approved an agreement extending the Term by the end of the Exclusive Negotiating Period, then there shall be no further obligation to meet, confer, or negotiate with regard to such extension, and City shall have the right to conduct any solicitation process, negotiate with any other service providers, or to award or approve a contract to any other service provider or to recommence its own Integrated Solid Waste Collection, Processing and Disposal Services, as it may deem appropriate in its sole and absolute discretion.

7. Container Contamination Minimization. Section 6.9.1 is hereby added to read as follows:

6.9.1 Container Contamination Minimization . Contractor shall assist in minimizing contamination by helping to educate customers on acceptable and non- acceptable materials, by monitoring the contents of collection Containers, and by refusing to collect containers with visible Prohibited Container Contaminants. Contractor shall, at its sole expense, either (1): conduct hauler route reviews each calendar year for Prohibited Container Contaminants in Containers in a manner that is deemed safe by the Contractor, is approved by the City, and is conducted i n a manner that results in all hauler routes being reviewed, in accordance with 14 CCR Section 18984.5(b) or (2) conduct waste evaluations for P rohibited Container Contaminants through sampling of materials from all container types and shall do so at least twice per year and in two distinct seasons of the year in a manner that complies with the requirements of 14 CCR Section 18984.5(c).

6.9.1.1 Number of Containers to Review . Contractor shall visually inspect the contents of a reasonably representative number of containers, as directed and approved by the City, per hauler route to search for P rohibited Container Contaminants, for each and every hauler route. The Containers shall be randomly selected by a method approved by the City.

6.9.1.2 Route Review Methodology . Contractor shall develop a hauler route review methodology that complies with the requirements of 14 CCR Sections 18984.5(b).

Contractor shall submit its propose d hauler route review methodology for the coming year to the City no later than January 15 of each year describing its proposed methodology for the calendar year and schedule for performance of each hauler route review.

Company’s proposed hauler route review methodology shall include its plan for container inspections and shall also include its plan for prioritizing the inspection of customers that are more likely to be out of compliance. City shall review, comment on, and approve the proposed methodology. Contractor may commence with the proposed methodology upon approval. If the City notifies the Contractor that the methodology is inadequate to meet the requirements of SB 1383, Contractor shall, at its sole expense, revise the methodology and, after obtaining City approval, conduct additional hauler route reviews, increased container inspections, or implement other changes using the revised procedure.

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6.9.1.3 Scheduling. The City may request, and Contractor shall accept, modifications to the schedule to permit observation by the City subject to reasonable safety protocols. In addition, Contractor shall provide email notice to the City no less than ten (10) working days prior to each scheduled hauler route review that includes the specific time(s), which shall be within the City’s normal business hours, and location(s).

6.9.1.4 Documentation. Contractor shall document contamination with still pictures or video, and will notify the customer of the contamination and recycling requirements. Contractor may, at its discretion, collect the Container as R ecyclable Materials, Organic Waste, or as Solid Waste.

6.9.1.5 Reporting Requirements. Contractor shall maintain records and report to the City on contamination monitoring activities and actions taken.

6.9.1.6 SB 1383 Monitoring and Inspections. Contractor shall perform customer compliance reviews described in this subsection annually, as of the Effective Date, unless otherwise noted.

6.9.1.7 Commercial Generator Compliance Reviews. Contractor shall complete a compliance review of all commercial businesses that generate two (2) cubic yards or more per week of solid waste, including organic waste, to determine their compliance with: (i) generator requirements under the City Code and this Agreement; and, (ii) if applicable for the customer, self -hauling requirements per 14 CCR Section 18988.3. The compliance review shall mean a “desk” review of records to determine customers’ compliance with the above requirements and does not necessarily require on-site observation of service.

6.9.1.8 Compliance Review Process. Contractor shall conduct inspections and/or contact non-compliant entities described in Section 6.9.1.7 at a minimum of once per year or as directed by City to adequately determine the entities’ overall compliance with SB 1383. City may require the Contractor to prioritize inspections of entities that the City determines are more likely to be out of compliance.

6.9.1.9 Non-Compliant Entities. From the Effective Date of this Third Amendment through December 31, 2023, when compliance reviews are performed by Contractor pursuant to this subsection, Contractor shall provide City -approved educational materials, in response to violations. Contractor shall provide these educational materials to the non-compliant customers within two (2) working days of determination of non - compliance or immediately upon determination of non -compliance if such non- compliance is determined during an inspection or hauler route review. Contractor shall document the non -compliant customers and the date and type of education materials provided and report such information to the City. Beginning January 1, 2024, the Contractor shall document non- compliant customers determined through Contractor’s compliance reviews, and sh all report all customers with SB 1383 violations to the City.

The City shall be responsible for subsequent enforcement action.

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6.9.1.10. Documentation of Inspection Actions . The Contractor shall generate a written or electronic record and maintain docume ntation for each inspection, hauler route review, and compliance review conducted.

6.9.1.11 Documentation of SB 1383 Non-Compliant Complaints. Contractor shall maintain a computer database of all oral and written SB 1383 -related non -compliant complaints reported to Contractor from customers or other persons.

6.9.1.11.1 Reports of SB 1383 -Noncompliant Complaints. For reports received in which customers or other persons allege that an entity is in violation of SB 1383 requirements, Contractor shall document such complaint investigations.

Contractor shall provide this information in a brief complaint report to the City for each SB 1383 -noncompliant complaints within five (5) working days of receipt of such complaint, and a quarterly summary report of SB 1383-noncompliant complaints.

6.9.1.11.2 Investigation of SB 1383-Noncompliant Complaints. Contractor shall assist City in meeting its obligation to investigate non -compliant complaints by commencing an investigation within thirty (30) days of receiving notice of a complaint in the following circumstances: (i) upon Contractor receipt of a complaint that an entity may not be compliant with SB 1383 and if City determines that the allegati ons against the entity, if true, would constitute a violation of SB 1383; and, (ii) upon City request to investigate a complaint received by City, in which City determines that the allegations against the entity, if true, would constitute a violation of SB 1383. Contractor is required to investigate complaints against customers and generators, including Tier One and Tier Two Commercial Edible Food Generators, against Edible Food recovery organizations, Edible Food recovery services, and other entities regulated by SB 1383. Contractor shall investigate the complaint by:

i. Reviewing the service level of the customer (if the entity is a customer of the Contractor);

ii. Reviewing the waiver list, if applicable, to determine if the entity has a valid, City-approved de minimis or physical space constraint waiver;

iii. Reviewing the self -haul registration list, if applicable, to determine if the entity has registered and reviewing the entities reported self -haul information;

iv. Inspecting premises of the entity identified in the complaint notice, if warranted; and,

v. Contacting the entity to gather more information, if warranted;

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vi. Affixing a City-approved notice of non-compliant complaint report on the customer’s container that includes SB 1383 generator requirements and, if applicable, provides a City-approved deadline for correction.

6.9.1.11.3 Reporting. Within ten (10) days of completing an investigation of an SB 1383- noncompliant complaint, Contractor shall submit to City an investigation complaint report that documents the customer account in question, the nature of the complaint, the investigation performed, and recommends to City whether or not the entity investigated is in violation of SB 1383 based on the Contractor’s investigation. The City shall make a final determination of the allegations against the entity.

Contractor shall provide to City in its reports a list of all customer non -compliant complaint notices that have not been resolved by Contractor within thirty (30) days of receiving such notice. The Contractor complaint list shall include the customer’s account information, including customer’s then-current service level, the nature of the complaint, and Contractor’s efforts to resolve the complaint . City, or its designee, shall be responsible for investigating such outstanding complaints received by Contractor.

Within three (3) business days of the City’s or its designee’s request, Contractor shall provide City or its designee with customer account information and other documentation that may be useful in the investigation such as records of the customer’s most recent change(s) in service level and other customer service records.

8. Procurement of Rec overed Organic Waste . Section 6.15 is hereby added to read as follows:

6.15 Procurement of Recovered Organic Waste. Contractor shall purchase or procure Compost and or mulch necessary to meet thirty percent ( 30%) of the City’s annual recovered Organic Waste product procurement target under the SB 1383 Regulations (14 CCR Section 18993.1) without additional charge to the City or its customers . Contractor agrees to act as a direct service provider on behalf of the City . Contractor shall assist the City in meeting its recovered Organic Waste product procurement target, as required by 14 CCR Section 18993.1 and will assist the City with applicable recordkeeping requirements under 14 CCR Section 18993.2. Recovered Organic W aste products shall comply with 14 CCR 18993.1(f).

9. Conditions of Service. Section 7.1 is hereby amended to read as follows:

7.1 Conditions of Service . Contractor shall provide SFD collection service to all SFD Service Units whose Solid Waste, Recycle Materials, or Organic Waste are properly placed in Carts. Except as set forth in Section 7.8, Contractor shall offer Carts for Solid Waste , Recycle Materials, and Organic Waste in 35-, 64-, and 96 -gallon sizes. Contractor shall

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provide, at its sole expense, a senior discount of ten percent (10%) for 35- gallon Solid Waste Cart service at no cost to the City or other customers . Contractor may offer alternative services to recipients receiving on-premise service. If collection in Carts is not sufficient to accommodate the amount of Solid Waste generated, Contractor may offer Bins or Roll-offs in sizes as allowed under this Agreement.

10. SFD Food Waste Collection Services . Section 7.7.5 (SFD Food Waste Collection Services) is hereby deleted it its entirety and Section 7.7.6 (Non-Collection) shall be renumbered as Section 7.7.5.

11. End Dump Trucks. Section 9.6 is hereby added to read as follows:

9.6 End Dump Trucks. Upon request of a Customer, Contractor shall provide end dump services on a temporary basis. Charges for end dump services shall be in accordance with Exhibit 1 of this agreement.

12. Right-of-Way Clean-Up Services. Section 12 is hereby amended in its entirety to read as follows:

Section 12. Right-of-Way Clean-Up Services

12.1 Approach. Contractor will perform proac�ve and comprehensive Right -of-Way Clean-Up Services at a high level of cleanliness at the gateway entry points of the City, Downtown and Civic Center District as well as other designated areas iden�ﬁed by the City.

12.1.1 Contractor's Right -of-Way Clean -Up Services will consist of nine (9) components:

a) Removal of liter and vegeta�on from City gateways, alleys, major thoroughfares (including center islands and landscape medians), and the Downtown District;

b) Weed abatement from Rights-of-Way and major arterials;

c) Removal of memorials as authorized by the City;

d) Removal of authorized signs on City u�lity poles on major arterials and the Downtown District;

e) Removal of waste generated at homeless/transient encampments;’

f) Shopping cart and �re removal;

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g) Storm channel and storm drain cleaning;

h) Metrolink clean-up; and,

i) Warrant abatements, vacant lot clean-ups and illegal dumping clean-ups.

12.2 Personnel. Contractor will provide all labor and supervision necessary to perform the Right-of-Way Clean-Up Services required per the City approved Rights-of-Way maps.

The workweek of the Right- of-Way Clean -Up crewmembers will be assigned so as to provide coverage from 6:00 AM to 6:00 PM, Monday thr ough Friday and 6:00 AM to 2:00 PM on Saturdays.

12.2.1 Quality of Life Team. Contractor will provide one team consis�ng of a minimum of 4 employees, 1 supervisor and all equipment, materials, supplies and all other items necessary to perform the Quality of Life program services that addresses cleanliness, blight, and encampments within the City . Crewmembers will be assigned so as to provide coverage from 6:00 AM to 6:00 PM, Monday through Friday and 6:00 AM to 2:00 PM on Saturdays.

12.2.2 Work Task Repor�ng and No�ﬁca�on . Contractor will provide work loca�ons and work plans weekly to the City’s Opera�ons Manager or designated representa�ve.

12.3 Equipment. Contractor will provide all equipment, materials, supplies and all other items necessary to perform the Right-of-Way Clean-Up Services required.

12.4 City Work Orders. Contractor will respond to the City's writen Work Orders for Right-of-Way Clean -Up Services within two (2) business days. Emergency no�ﬁca�ons may be directed to Contractor's division oﬃce, which shall then dispatch Contractor's Right-of-Way Maintenance Supervisor to the scene for assessment and resolu�on.

12.5 Diversion. To the extent prac�cal, Contractor will divert from disposal the materials collected.

12.6 Compensa�on. Work for components (a) through ( h) of Sec�on 12.1.1 will be performed at no addi�onal cost to the City. Work for component (i) of Sec�on 12.1.1 will be performed in response to a duly no�ced code enforcement ac�on with the expecta�on that the property owner will bear the cost of the services and that if payment is not made, the City will process the collec�on as a debt u�lizing the County tax bill lien procedure available to it with compensa�on due to Contractor when collected by the City.

12.7 Scope of Services for Right-of-Way Clean-Ups

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12.7.1 Rou�ne Patrol . Contractor's Right -of-Way maintenance crews will complete rou�ne patrols removing all liter, vegeta�on and accumulated debris from:

a) City gateway entry points and the Downtown and Civic Center District, once weekly; and

b) Assigned Right -of-Way rou tes for major thoroughfares, center islands and landscaped medians from the centerline of the roadway in both direc�ons to ten (10) feet oﬀ of the road edge, once every twenty (20) business days; and

c) All public alley s from the centerline in both dire c�ons to the property line as determined by fences, landscaping, changes in surface material, or line of sight, once annually.

12.7.2 Removal of Memorials . Within two (2) business days following writen no�ﬁca�on from City, Contractor will remove and dispose of memorials, which shall include but not be limited to trash, bedding and personal eﬀects.

12.7.3 Removal of Homeless Encampments. Subject to the following provisions, Contractor will remove and dispose of materials from homeless or transient encampments as an element of their Quality of Life services rou�ne patrol, which shall include but not be limited to trash, bedding and personal eﬀects. In each such case, the City will make its p olice force and/ or City staﬀ available to Contractor to coordinate the removal of such materials in a lawful manner and in a manner, which ensures the safety of Contactor's employees. The City will be responsible for complying with all applicable laws related to the removal of such . materials. In addi�on, the City agrees to indemnify, defend, protect and hold harmless Contractor, its oﬃcers, employees and assigns from and against all losses, liabili�es, claims, actual damages (including but not limited to special and consequen�al damages) and expenses (including , but not limited to , atorneys' and expert witness fees and costs incurred in connec�on with defending against any of the foregoing or enforcing this indemnity) of any kind whatsoever paid, incurred or suﬀered by, or asserted against, Contractor or its oﬃcers, employees or agents arising from or atributable to any act or omission of the City or Contractor or Contractor's oﬃcers, employees or agents in the removal of such materials, and/or any failure to fully comply with all applicable laws in connec�on with the same.

12.7.4 Shopping Cart and Tire Removal.

12.7.4.1 Contractor's Right -of-Way Maintenance Crews shall remove shopping carts as a part of its rou�ne patrol and upon the direc�on

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of the City. Contractor will transport shopping carts to its facility and will atempt to contact the retail outlet from which shopping carts bearing iden�ﬁca�on originated. Retail outlets will be given ﬁve (5) business days a�er no�ﬁca�on to retrieve their shopping carts subject to a recovery cost of $25.00 per shopping cart paid to Contractor. Unclaimed shopping carts will be recycled.

12.7.4.2 Tire removal from assigned public rights-of-way, storm drains and channels will occur as part of rou�ne maintenance du�es. Tires must be collected from the City corpora�on yard at least once a week and properly disposed of. At least three (3) 40 yard roll-oﬀ dumpsters are required to be located in the City corpora�on yard for collec�on by the Contractor. The City will request an immediate collec�on of all roll- oﬀ dumpsters that are ﬁlled to capacity and Contractor must respond within 24 hours, excluding Sunday service. Contractor will be compensated for costs related to �res being collected and or disposed of from private property as a result of a duly noted code enforcement ac�on.

12.7.5 Storm Channels and Storm Drains. Storm channels iden�ﬁed in a lis�ng to be provided by City will be cleaned once annually not later than September 1st.

Storm drains and drain easements iden�ﬁed in a lis�ng to be provided and maintained by the City will be cleaned once annually between Oct ober 1st and December 1st.

12.7.6 Metrolink. Contractor ’s Right-of-Way maintenance crew will visit the Metrolink Sta�on located at 1204 W. 3rd Street twice each week (Monday and Friday) to remove liter and accumulated debris from the grounds and parking lot.

Twice annually, Contractor’s Right-of-Way maintenance crew will patrol the Metrolink rail line within the City in coordina�on with Metrolink maintenance services for liter collec�on and weed abatement.

12.7.7 Warrant Abatements , Vacant Lot Clean -Ups, and Illegal Dumping Clean - Ups. Within two (2) business days of receipt of a writen order of the City's code enforcement oﬃcer delivered by the City's Contract Administrator, Contractor’s Right-of-Way maintenance crew will respond to perform clean -up on private property as part of an enforcement ac�on. Contractor will maintain a record of hours worked, personnel and equipment u�lized, and disposal expenses and shall issue a bill to the City for the services performed . T he City shall follow its usual collec�on procedures, which may include causing a lien to be assessed against the property on the County property tax bill. The City will then compensate Contractor when the City collects payment.

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12.8 Excep�ons. Hazardous or toxic substances, motor vehicles, motor vehicle parts and objects larger than seven (7) feet in length or weighing more than two hundred (200) pounds are excluded from the Scope of Services for Right-of-Way Clean-Up.

13. SB 1383 Outreach and Education. Section 14.9 is hereby added to read as follows:

14.9 SB 1383 Outreach and Education . The Contractor shall conduct a public information program, as directed and approved by the City and meeting the requirements of SB 1383 and the SB 1383 Regulations, to inform and remind residents of the recycling and organic waste programs and their operation. Such program shall include media releases, advertisements, public appearances, community involv ement programs to encourage participation in recycling efforts. A program plan shall be submitted to the City prior to January 1st of each year for approval. Contractor shall, consistent with 14 CCR Section 18985.1, provide generators with information on p roperly separating materials, organic waste prevention, on -site recycling, composting, methane reduction benefits, how to recycle organic waste, approved haulers, public health and environmental impacts associated with landfilling organic waste, self -haul requirements, and edible food donation. Contractor shall prepare and distribute public education and outreach materials in non-English languages spoken by a substantial number of the public that are provided organic waste collection services, consistent with the requirements of Government Code section 7295. Annually Contractor shall provide Tier One and Tier Two Commercial Edible Food Generators with information on the City’s edible food recovery program, generator requirements, and food recovery.

Contractor shall cooperate and coordinate with the City Manager or his or her designee on public education activities to minimize duplicative, inconsistent, or inappropriately timed education campaigns. Contractor shall obtain approval from the City Manager or his or her designee on all Contractor -provided public education materials including, but not limited to: print, radio, television, or internet media before publication, distribution, and/or release. City shall have the right to request that Contractor inclu de City identification and contact information on public education materials and approval of such requests shall not be unreasonably withheld.

14. Adjustments To Maximum Permitted Service Rates . Section 21.1.3 shall be amended in its entirety to read as follows:

21.1.3 Adjustments To Maximum Permitted Service Rates. The adjustments to the Maximum Permissible Customer Rates shall be calculated as follows:

a) Annual Adjustment. On July 1, 2023 and each July 1
st thereafter, Contractor may
increase the Maximum Permitted Service Rates for all Service Recipients by CPI.

Any Disposal Fees and Material Processing Fees for Organic Waste, and City Approved Host Fees, shall be considered as pass through costs and added to the

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CPI adjustment to the Maxi mum Permitted Service Rates. City and Contractor shall meet and confer to clarify the methodology in this Section, which City shall have sol e discretion to approve, and which may include an amendment to the Agreement, so long as the methodology is applied in accordance with this Agreement.

Contractor shall send the proposed rate adjustment calculations and full rate schedule to the City Manager for review by March 1
st of each Agreement year, or
no adjustment shall be made for that Agreement Year. The Cit y Manager shall respond to the Contractor within thirty days (30) after receipt of Contractor ’s proposed changes to the Maximum Permitted Service Rates if the proposed percentage increase is calculated correctly in accordance with this Agreement. If the proposed Maximum Permitted Service Rates are correctly calculated, the new rates will be implemented by Contractor beginning July 1 st of the Agreement Year.

If the City Manager finds that Contractor’s proposed changes to the Maximum Permitted Service Rates are not correctly calculated, Contractor shall have thirty (30) days to correct and resubmit proposed changes to the Maximum Permitted Service Rates. If Contractor does not resubmit corrected Maximum Permitted Service Rates within 30 days of notice by the City Manager, no adjustment to the rates shall be made.

b) Maximum Annual Increase . Except as specified in Section 21.1.3(a), in no event may the increase in the Maximum Permitted Service Rates increase by more than five percent (5%) during any July 1
st – June 30th period regardless of the amount
increase in the CPI. If, however, the changes to the CPI result in an increase above five percent (5%) or a negative number, any amount above five percent (5%) or below zero percent (0%), shall be carried forward or applied in subsequent years.

c) Notice. Contractor shall provide notice of such increase or annual adjustment in this Section 21.1 to all property owners and customers of parcels receiving service in a form approved by the City at Contractor’s expense. Contractor shall, at its own expense, mail a notice to all such customers no later than 30 days prior to the adjustment date pursuant to Government Code section 53756 . Any notice that must be mailed to customers and/or property owners pursuant to the protest hearing requirements of Article XIII D, Section 6 of the California Constitution (also referred to as “Proposition 218”) shall be the responsibility of Contractor and shall be performed in a timely manner. Notwithstanding the foregoing, and to the extent determined necessary or advisable by City, any rate increase or new rate shall be subject to the requirements of Proposition 218 and is contingent upon the City not receiving a majority protest against the rate increase as part of such proceedings.

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Contractor may adjust the Maximum Permissible Service Rates by an amount equal to the increase or incremental increase, as the case may be, in the costs (i.e., on any direct or indirect cost, whether fixed or variable) of Contractor’s provision of services under this Agreement that are caused by the Change in Law and that have been demonstrated to the City Council.

e) The City Council shall not unreasonably refuse to approve rate adjustments, nor shall the City Council unreasonably delay review and approval of any such adjustment.

15. Submission of Reports. Section 24.4 shall be amended to read as follows:

24.4 Submission of Reports. Reports shall be submitted to:

Director of Public Works
City of San Bernardino
290 North D Street
San Bernardino, CA 92401

16. Liquidated Damages. The following is added to the table within Section 30.54:

LIQUIDATED DAMAGES
Item Amount
y. Each occurrence of Contractor Collecting
from Customers during unauthorized hours
except if beyond the Contractor’s
reasonable control.
$250 per incident.
z. Failure to provide Containers for SB 1383
Collection service to all customers, unless
customer is waiting for waiver approval or
has been granted a waiver.
$1,000 each week.
aa. Failure to complete annual outreach and
education requirements in accordance
with this Agreement and SB 1383
Regulations by December 31st.
$1,000 per Agreement Year.

bb. Failure to complete annual SB 1383
monitoring requirements by December 31st
in accordance with this Agreement and SB
1383 Regulations.
$1,000 per year.

cc. Failure to complete annual calendar
reporting requirements by June 30 in
$1,000 per year.

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LIQUIDATED DAMAGES
Item Amount
accordance with this Agreement and SB
1383 Regulations.
dd. Failure to contact Customers in response to
complaints within one (1) business day or
to resolve or remedy a Complaint within
seven (7) cale ndar days of receiving such
Complaint.
$250 per incident
ee. Failure to label Containers in accordance
with this Agreement and SB 1383
Regulations.
$250 per incident
ff. Failure to issue contamination notices in
accordance with this Agreement and SB
1383 Regulations.
$50 per incident
gg. Failure to conduct compliance tasks (i.e.,
perform route reviews or waste audits) in
accordance with this Agreement and SB
1383 Regulations.
$250 per incident
hh. Failure to investigate complaints. $250 per incident ii. Failure to perform re -inspections in
accordance with this Agreement and SB
1383 Regulations.
$50 per incident
jj. Submission of a late report required by the
SB 1383 Regulations .
$1,000 per incident.

ll. Submission of an intentionally inaccurate
and misleading report.
$1,000 per incident.

17. Compliance with Laws. The following shall be added to the end of Section 25.6

Nothing contained herein shall prohibit Contractor from meeting its compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, the SB 1383 Regulations, and/or any other applicable law, as may be amended from time to time.

18. Notices. Section 33.9 shall be amended to read as follows:

33.9 Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered or sent by United States certified mail, postage prepaid, return receipt requested, and by email, addressed as follows:

To City: Charles E. McNeely, City Manager
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Email: [email protected]

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Copy to: Sonia Carvalho, City Attorney
City of San Bernardino
Best Best & Krieger LLP
18101 Von Karman Ave.

Irvine, CA 92612
Email: [email protected]

And to: Daniel Hernandez, Director of Public Works
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Email: [email protected]

To Contractor: Cole Burr, President
Burrtec Waste Industries, Inc.
9890 Cherry Ave.

Fontana, CA 92335

19. Public Records. The heading of Section 33.12 shall be renamed to “33.12 Public Records.”

20. Replacement of Exhibit 1. Exhibit 1 of the Agreement is hereby replaced with the Exhibit 1 attached to this Third Amendment and incorporated by reference herein.

21. Contractor understands and agrees that it shall comply with any changes to the San Bernardino Municipal Code adopted by City necessary or advisable to ensure compliance with SB 13 83 and the SB 1383 Regulations
and not inconsistent with the terms of this
Agreement.

22. Whenever the words “AB 1826” appear in the Agreement, “and SB 1383 (and its implementing regulations)” shall follow.

23. This Third Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

24. This Third Amendment shall affect only the items specifically set forth herein, and all other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties hereto have executed this Third Amendment on the Effective date first herein above written.

CITY CONTRACTOR

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CITY OF SAN BERNARDINO BURRTEC WASTE INDUSTRIES, INC.

APPROVED BY:

______________________________ _____________________________ Charles McNeely Cole Burr
City Manager President

APPROVED AS TO FORM:

______________________________
Best Best & Krieger LLP
City Attorney

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Exhibit 1
Maximum Permitted Service Rates

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Burrtec Waste Industries, Inc
City of San Bernardino
Option A
Current 7/20/2023 Current 7/20/2023
Rates Rates Rates Rates
Residential/MF Barrel 26.42$ 36.17$ Commercial Barrel 26.42$ 29.24$ Residential 35 Gal Barrel n/a 28.49$ (incl Trash & Recycling Barrel) Residential 35 Gal Barrel Sr n/a 25.64$
Mobile Home - 3 Barrel Service 17.73$ 36.22$ Commercial Compactors Mobile Home Complex - 2 Barrel n/a 20.56$ Size Freq
2 cu. yrd. 1 x Wk 152.41$ 170.28$
Residential Trash Bins 2 cu. yrd. 2 x Wk 285.57$ 319.56$ Size Freq 2 cu. yrd. 3 x Wk 420.12$ 470.38$
1 cu. yrd. 1 x Wk 128.28$ 141.94$ 2 cu. yrd. 4 x Wk 553.86$ 620.33$ 1 cu. yrd. 2 x Wk 235.06$ 260.38$ 2 cu. yrd. 5 x Wk 687.86$ 770.53$ 1 cu. yrd. 3 x Wk 348.56$ 386.18$ 2 cu. yrd. 6 x Wk 914.95$ 1,022.20$ 1 cu. yrd. 4 x Wk 459.37$ 509.04$ 3 cu. yrd. 1 x Wk 179.87$ 202.25$ 1 cu. yrd. 5 x Wk 567.48$ 628.96$ 3 cu. yrd. 2 x Wk 335.00$ 377.60$ 1 cu. yrd. 6 x Wk 757.61$ 838.30$ 3 cu. yrd. 3 x Wk 492.89$ 555.89$ 2 cu. yrd. 1 x Wk 128.87$ 144.60$ 3 cu. yrd. 4 x Wk 643.92$ 726.71$ 2 cu. yrd. 2 x Wk 236.22$ 265.76$ 3 cu. yrd. 5 x Wk 805.93$ 909.54$ 2 cu. yrd. 3 x Wk 350.32$ 394.29$ 3 cu. yrd. 6 x Wk 1,076.39$ 1,210.56$ 2 cu. yrd. 4 x Wk 461.70$ 519.80$ 4 cu. yrd. 1 x Wk 179.87$ 204.33$ 2 cu. yrd. 5 x Wk 570.42$ 642.45$ 4 cu. yrd. 2 x Wk 335.00$ 381.73$ 2 cu. yrd. 6 x Wk 761.10$ 854.45$ 4 cu. yrd. 3 x Wk 492.89$ 562.05$ 3 cu. yrd. 1 x Wk 137.52$ 156.10$ 4 cu. yrd. 4 x Wk 643.92$ 734.96$ 3 cu. yrd. 2 x Wk 260.45$ 296.31$ 4 cu. yrd. 5 x Wk 805.93$ 919.83$ 3 cu. yrd. 3 x Wk 387.00$ 440.43$ 4 cu. yrd. 6 x Wk 1,076.39$ 1,222.91$ 3 cu. yrd. 4 x Wk 508.39$ 578.94$
3 cu. yrd. 5 x Wk 632.44$ 720.36$ Commercial/MF/Resi GW Bins 3 cu. yrd. 6 x Wk 967.58$ 1,091.93$ Size Freq
4 cu. yrd. 1 x Wk 151.54$ 173.44$ 1 cu. yrd. 1 x Wk 123.20$ 134.32$ 4 cu. yrd. 2 x Wk 286.96$ 329.31$ 1 cu. yrd. 2 x Wk 227.60$ 248.14$ 4 cu. yrd. 3 x Wk 422.35$ 485.14$ 1 cu. yrd. 3 x Wk 334.68$ 364.89$ 4 cu. yrd. 4 x Wk 556.44$ 639.56$ 1 cu. yrd. 4 x Wk 441.75$ 481.61$ 4 cu. yrd. 5 x Wk 690.50$ 793.98$ 1 cu. yrd. 5 x Wk 547.45$ 596.85$ 4 cu. yrd. 6 x Wk 1,194.23$ 1,351.38$ 2 cu. yrd. 1 x Wk 124.09$ 135.29$ 6 cu. yrd. 1 x Wk 219.94$ 252.11$ 2 cu. yrd. 2 x Wk 229.37$ 250.07$ 6 cu. yrd. 2 x Wk 419.68$ 482.24$ 2 cu. yrd. 3 x Wk 337.33$ 367.77$ 6 cu. yrd. 3 x Wk 620.77$ 713.83$ 2 cu. yrd. 4 x Wk 445.28$ 485.47$ 6 cu. yrd. 4 x Wk 827.26$ 951.30$ 2 cu. yrd. 5 x Wk 551.88$ 601.68$ 6 cu. yrd. 5 x Wk 1,016.26$ 1,169.70$ 3 cu. yrd. 1 x Wk 133.05$ 145.06$ 6 cu. yrd. 6 x Wk 1,207.95$ 1,391.01$ 3 cu. yrd. 2 x Wk 251.25$ 273.92$ 3 cu. yrd. 3 x Wk 367.95$ 401.15$
Commercial/MF Trash Bins 3 cu. yrd. 4 x Wk 484.67$ 528.41$ Size Freq 3 cu. yrd. 5 x Wk 599.99$ 654.14$
1 cu. yrd. 1 x Wk 145.42$ 160.60$ 4 cu. yrd. 1 x Wk 145.54$ 158.68$ 1 cu. yrd. 2 x Wk 266.44$ 294.59$ 4 cu. yrd. 2 x Wk 270.47$ 294.88$ 1 cu. yrd. 3 x Wk 395.11$ 436.96$ 4 cu. yrd. 3 x Wk 396.78$ 432.59$ 1 cu. yrd. 4 x Wk 520.70$ 575.94$ 4 cu. yrd. 4 x Wk 524.47$ 571.80$ 1 cu. yrd. 5 x Wk 643.27$ 711.61$ 4 cu. yrd. 5 x Wk 649.41$ 708.02$ 1 cu. yrd. 6 x Wk 858.77$ 948.60$ 6 cu. yrd. 1 x Wk 167.50$ 182.62$ 2 cu. yrd. 1 x Wk 146.08$ 163.36$ 6 cu. yrd. 2 x Wk 311.65$ 339.77$ 2 cu. yrd. 2 x Wk 267.76$ 300.16$ 6 cu. yrd. 3 x Wk 458.56$ 499.95$ 2 cu. yrd. 3 x Wk 397.10$ 445.28$ 6 cu. yrd. 4 x Wk 587.64$ 640.67$ 2 cu. yrd. 4 x Wk 523.35$ 587.05$ 6 cu. yrd. 5 x Wk 746.87$ 814.28$ 2 cu. yrd. 5 x Wk 646.58$ 725.51$ 35Gal Barrel 1 x Wk n/a 47.54$ 2 cu. yrd. 6 x Wk 862.73$ 965.30$ 35Gal Barrel 2 x Wk n/a 79.70$ 3 cu. yrd. 1 x Wk 155.88$ 176.13$ 35Gal Barrel 3 x Wk n/a 106.91$ 3 cu. yrd. 2 x Wk 295.24$ 334.24$ 35Gal Barrel 4 x Wk n/a 134.53$ 3 cu. yrd. 3 x Wk 438.67$ 496.79$ 35Gal Barrel 5 x Wk n/a 171.74$ 3 cu. yrd. 4 x Wk 576.27$ 652.99$ 65Gal Barrel 1 x Wk n/a 53.86$ 3 cu. yrd. 5 x Wk 716.89$ 812.44$ 65Gal Barrel 2 x Wk n/a 92.26$ 3 cu. yrd. 6 x Wk 1,096.78$ 1,232.81$ 65Gal Barrel 3 x Wk n/a 125.71$ 4 cu. yrd. 1 x Wk 171.77$ 195.53$ 65Gal Barrel 4 x Wk n/a 159.56$ 4 cu. yrd. 2 x Wk 325.27$ 371.08$ 65Gal Barrel 5 x Wk n/a 203.00$ 4 cu. yrd. 3 x Wk 478.75$ 546.66$
4 cu. yrd. 4 x Wk 630.74$ 720.59$ Commercial Food Waste 4 cu. yrd. 5 x Wk 782.71$ 894.51$ Size Freq
4 cu. yrd. 6 x Wk 1,353.70$ 1,525.24$ 2 cu. yrd. 1 x Wk 263.53$ 287.30$ 6 cu. yrd. 1 x Wk 249.30$ 284.13$ 2 cu. yrd. 2 x Wk 475.26$ 518.15$ 6 cu. yrd. 2 x Wk 475.72$ 543.36$ 2 cu. yrd. 3 x Wk 670.32$ 730.81$ 6 cu. yrd. 3 x Wk 703.65$ 804.23$ 2 cu. yrd. 4 x Wk 866.88$ 945.10$ 6 cu. yrd. 4 x Wk 937.71$ 1,071.75$ 2 cu. yrd. 5 x Wk 1,095.40$ 1,194.25$ 6 cu. yrd. 5 x Wk 1,151.95$ 1,317.68$ 2 cu. yrd. 6 x Wk 1,257.62$ 1,371.11$ 6 cu. yrd. 6 x Wk 1,369.23$ 1,566.93$ 35Gal Barrel 1 x Wk n/a 67.15$ 35Gal Barrel 2 x Wk n/a 118.93$
Commercial/MF/Resi Recycling Bins 35Gal Barrel 3 x Wk n/a 165.75$ Size Freq 35Gal Barrel 4 x Wk n/a 212.99 $
All Sizes 1 x Wk 53.59 $ 58.42 $ 35Gal Barrel 5 x Wk n/a 269.81 $ All Sizes 2 x Wk 107.17 $ 116.83 $ 35Gal Barrel 6 x Wk n/a 306.88 $ All Sizes 3 x Wk 160.76 $ 175.27 $ 65Gal Barrel 1 x Wk 78.46 $ 85.54 $ All Sizes 4 x Wk 215.00 $ 234.39 $ 65Gal Barrel 2 x Wk 143.25 $ 156.18 $ All Sizes 5 x Wk 268.58 $ 292.81 $ 65Gal Barrel 3 x Wk 203.65 $ 222.01 $ All Sizes 6 x Wk 322.17 $ 351.24 $ 65Gal Barrel 4 x Wk 264.40 $ 288.26 $ 65Gal Barrel 5 x Wk 333.63 $ 363.74 $
65Gal Barrel 6 x Wk 385.35 $ 420.13 $

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Resolution No. 2023-114
RESOLUTION NO. 2023-114

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO , CALIFORNIA,

APPROVING THIRD AMENDMENT TO THE EXCLUSIVE

FRANCHISE AGREEMENT FOR INTEGRATED SOLID

WASTE COLLECTION, PROCESSING, AND DISPOSAL
SERVICES WITH BURRTEC WASTE INDUSTRIES, INC.,

ADOPTING MAXIMUM PERMITTED SERVICE RATES ,

AND FINDING THIS ACTION EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, Burrtec Waste Industries, Inc. (“Burrtec”) provides solid waste , recycling, and organic waste collection, procession and disposal, street sweeping, and right-of-way clean up services are provided to the City of San Bernardino (“City”) pursuant to an exclusive franchise agreement with the City (“Agreement”); and,
WHEREAS, Burrtec is required to provide such solid waste, recycling, and organic waste services (“Services”) as set forth in the Agreement; and WHEREAS, since the approval of the Agreement, California law changed to now require the City to implement additional solid waste diversion programs; and WHEREAS, Burrtec will continue to provide Services that comply with regulations to implement SB 1383 (Chapter 395, Statutes of 2016) (“SB 1383 Regulations”), to the City; and WHEREAS, the City desires to amend the Agreement with Burrtec that additional services and updated rates for Services; and,
WHEREAS, the rate structure for solid waste, recycling, and organic waste (including green waste and food waste) collection is based on the container size, type, of materials accep ted in the containers, and frequency of collection; and
WHEREAS, the City has determined that it is necessary to impose new, increased or modified rates for its solid waste service charges (collectively herein, the “Charges”); and WHEREAS, the amount of the Charges will not exceed the proportional cost of the service attributable to each parcel upon which they are proposed for imposition; and WHEREAS, the Charges will not be imposed on a parcel unless the services are actually used by, or immediately available to, the owner or tenant of the parcel; and WHEREAS, California Constitution article XIII D, section 6 (“Article XIII D”) requires that prior to imposing any increase to the Charges, the City shall provide written notice (the “Notice”) by mail of: (1) the proposed increases to such Charges to the record owner of each parcel Resolution 2023-114
July 19, 2023

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Resolution No. 2023-114
upon w
hich the Charges are proposed for imposition and any tenant directly liable for payment of the Charges; (2) the amount of the Charges proposed to be imposed on each parcel; (3) the basis upon which the Charges were calculated; (4) the reason for the Charges; and (5) the date, time, and location of a public hearing (the “Hearing”) on the proposed Charges; and WHEREAS, pursuant to Article XIII D such Notice is required to be provided to the affected property owners and any tenant directly liable for the payment of the Charges not less than 45 days prior to the Hearing on the proposed Charges; and WHEREAS, the Notice was mailed in accordance with Article XIII D; and WHEREAS, the Hearing was held on this day, July 19, 2023; and WHEREAS, at the Hearing the City Council heard and considered all oral testimony, written materials, and written protests concerning the establishment and imposition of the proposed Charges, and at the close of the Hearing the City did not receive written protests against the establishment and imposition of the proposed rate increases for the Charges from a majority of the affected property owners upon which the Charges are proposed for imposition or any tenants directly liable for the payment of the Charges; and
WHEREAS, the City Council now desires to establish and impose the proposed Charges.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Council hereby approves the Charges, effective immediately , for the Services at the maximum rates as set forth in Exhibit A, attached hereto and incorporated herein by this reference.

SECTION 4. The City Council hereby approves the Third Amendment to the City of San Bernardino’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services with Burrtec Was te Industries, Inc., attached hereto as Exhibit B and incorporated herein by this reference.

SECTION 5. For the fiscal year beginning July 1, 2024, and annually thereafter on July 1 through and including July 1, 2027, the maximum rates provided in Exhibit A shall be automatically adjusted shall be adjusted by the 12- month annual average percentage change for the most recent calendar year, compared to the prior calendar year, in the All Urban Consumers Index (CPI-U), Not Seasonally Adjusted, All Items, River side-San Bernardino-Ontario, CA, as Resolution 2023-114
July 19, 2023

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Resolution No. 2023-114
publ
ished by the U.S. Department of Labor, Bureau of Labor Statistics, subject to a 5% cap on Maximum Permitted Service Rates. If the CPI is less than 5% for any year, the actual rates (not including organic waste processing and disposal pass -through fees) charged to customers will be less than the rates in the schedule in Exhibit A. For the fiscal year beginning July 1, 2024, and annually thereafter on July 1 through and including July 1, 2027, the rates in Exhibit A shall also be adjusted annually to account for the actual costs of processing and disposal fees for solid waste, recyclable materials, and organic waste.

SECTION 6 . This Resolution is not subject to the requirements of California Environmental Quality Act (“CEQA”). The approval of this Resolution is not a “project” within the meaning of Section 15378 of Title 14 of the California Code of Regulations (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physica l change in the environment. The Charges are exempt from CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a) because such charges are necessary and reasonable to fund the administration, operation, maintenance, and improvements of the integrated solid waste collection system. The documents and materials that constitute the record of proceedings on which these findings have been based are located at 215 North “D” Street, San Bernardino, CA 92401. The custodian for these records is the City Clerk of the City.

SECTION 8. This Resolution shall take effect immediately upon adoption SECTION 9. The City Clerk shall attest and certify to the passage and adoption thereof.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19
th day of July, 2023.

Helen Tran, Mayor
City of San Bernardino
A
ttest:

Genoveva Rocha, CMC, City Clerk
Resolution 2023-114
July 19, 2023

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Resolution No. 2023-114
Sonia Carvalho, City Attorney
Approved as to form:

Resolution 2023-114
July 19, 2023

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Resolution No. 2023-114

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-114, adopted at a regular meeting held on the 19th day of July 2023 by the following vote:

C
ouncil Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
W
ITNESS my hand and official seal of the City of San Bernardino this 19th day of July 2023.

Resolution 2023-114
July 19, 2023

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Genoveva Rocha, CMC, City Clerk

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Resolution No. ___

EXHIBIT A

MAXIMUM PERMITTED SERVICE RATES

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Burrtec Waste Industries, Inc
City of San Bernardino
Option B
Current 7/20/2023 Current 7/20/2023
Rates Rates Rates Rates
Residential/MF Barrel 26.42$ 30.71$ Commercial Barrel 26.42$ 29.24$ Residential 35 Gal Barrel n/a 28.49$ (incl Trash & Recycling Barrel) Residential 35 Gal Barrel Sr n/a 25.64$
Mobile Home - 3 Barrel Service 17.73$ 28.19$ Commercial Compactors Mobile Home Complex - 2 Barrel n/a 20.36$ Size Freq
2 cu. yrd. 1 x Wk 152.41$ 170.60$
Residential Trash Bins 2 cu. yrd. 2 x Wk 285.57$ 320.23$ Size Freq 2 cu. yrd. 3 x Wk 420.12$ 471.35$
1 cu. yrd. 1 x Wk 128.28$ 142.08$ 2 cu. yrd. 4 x Wk 553.86$ 621.58$ 1 cu. yrd. 2 x Wk 235.06$ 260.70$ 2 cu. yrd. 5 x Wk 687.86$ 772.13$ 1 cu. yrd. 3 x Wk 348.56$ 386.67$ 2 cu. yrd. 6 x Wk 914.95$ 1,024.14$ 1 cu. yrd. 4 x Wk 459.37$ 509.70$ 3 cu. yrd. 1 x Wk 179.87$ 204.99$ 1 cu. yrd. 5 x Wk 567.48$ 629.77$ 3 cu. yrd. 2 x Wk 335.00$ 378.55$ 1 cu. yrd. 6 x Wk 757.61$ 839.29$ 3 cu. yrd. 3 x Wk 492.89$ 564.01$ 2 cu. yrd. 1 x Wk 128.87$ 144.94$ 3 cu. yrd. 4 x Wk 643.92$ 737.55$ 2 cu. yrd. 2 x Wk 236.22$ 266.42$ 3 cu. yrd. 5 x Wk 805.93$ 911.95$ 2 cu. yrd. 3 x Wk 350.32$ 395.26$ 3 cu. yrd. 6 x Wk 1,076.39$ 1,213.48$ 2 cu. yrd. 4 x Wk 461.70$ 521.11$ 4 cu. yrd. 1 x Wk 179.87$ 204.99$ 2 cu. yrd. 5 x Wk 570.42$ 644.09$ 4 cu. yrd. 2 x Wk 335.00$ 382.98$ 2 cu. yrd. 6 x Wk 761.10$ 856.41$ 4 cu. yrd. 3 x Wk 492.89$ 564.01$ 3 cu. yrd. 1 x Wk 137.52$ 156.59$ 4 cu. yrd. 4 x Wk 643.92$ 737.55$ 3 cu. yrd. 2 x Wk 260.45$ 297.28$ 4 cu. yrd. 5 x Wk 805.93$ 923.05$ 3 cu. yrd. 3 x Wk 387.00$ 441.90$ 4 cu. yrd. 6 x Wk 1,076.39$ 1,226.80$ 3 cu. yrd. 4 x Wk 508.39$ 580.90$
3 cu. yrd. 5 x Wk 632.44$ 722.80$ Commercial/MF/Resi GW Bins 3 cu. yrd. 6 x Wk 967.58$ 1,094.85$ Size Freq
4 cu. yrd. 1 x Wk 151.54$ 174.10$ 1 cu. yrd. 1 x Wk 123.20$ 134.32$ 4 cu. yrd. 2 x Wk 286.96$ 330.61$ 1 cu. yrd. 2 x Wk 227.60$ 248.14$ 4 cu. yrd. 3 x Wk 422.35$ 487.11$ 1 cu. yrd. 3 x Wk 334.68$ 364.89$ 4 cu. yrd. 4 x Wk 556.44$ 642.18$ 1 cu. yrd. 4 x Wk 441.75$ 481.61$ 4 cu. yrd. 5 x Wk 690.50$ 797.21$ 1 cu. yrd. 5 x Wk 547.45$ 596.85$ 4 cu. yrd. 6 x Wk 1,194.23$ 1,355.27$ 2 cu. yrd. 1 x Wk 124.09$ 135.29$ 6 cu. yrd. 1 x Wk 219.94$ 253.11$ 2 cu. yrd. 2 x Wk 229.37$ 250.07$ 6 cu. yrd. 2 x Wk 419.68$ 484.19$ 2 cu. yrd. 3 x Wk 337.33$ 367.77$ 6 cu. yrd. 3 x Wk 620.77$ 716.76$ 2 cu. yrd. 4 x Wk 445.28$ 485.47$ 6 cu. yrd. 4 x Wk 827.26$ 955.19$ 2 cu. yrd. 5 x Wk 551.88$ 601.68$ 6 cu. yrd. 5 x Wk 1,016.26$ 1,174.57$ 3 cu. yrd. 1 x Wk 133.05$ 145.06$ 6 cu. yrd. 6 x Wk 1,207.95$ 1,396.87$ 3 cu. yrd. 2 x Wk 251.25$ 273.92$ 3 cu. yrd. 3 x Wk 367.95$ 401.15$
Commercial/MF Trash Bins 3 cu. yrd. 4 x Wk 484.67$ 528.41$ Size Freq 3 cu. yrd. 5 x Wk 599.99$ 654.14$
1 cu. yrd. 1 x Wk 145.42$ 160.77$ 4 cu. yrd. 1 x Wk 145.54$ 158.68$ 1 cu. yrd. 2 x Wk 266.44$ 294.92$ 4 cu. yrd. 2 x Wk 270.47$ 294.88$ 1 cu. yrd. 3 x Wk 395.11$ 437.42$ 4 cu. yrd. 3 x Wk 396.78$ 432.59$ 1 cu. yrd. 4 x Wk 520.70$ 576.58$ 4 cu. yrd. 4 x Wk 524.47$ 571.80$ 1 cu. yrd. 5 x Wk 643.27$ 712.42$ 4 cu. yrd. 5 x Wk 649.41$ 708.02$ 1 cu. yrd. 6 x Wk 858.77$ 949.59$ 6 cu. yrd. 1 x Wk 167.50$ 182.62$ 2 cu. yrd. 1 x Wk 146.08$ 163.70$ 6 cu. yrd. 2 x Wk 311.65$ 339.77$ 2 cu. yrd. 2 x Wk 267.76$ 300.81$ 6 cu. yrd. 3 x Wk 458.56$ 499.95$ 2 cu. yrd. 3 x Wk 397.10$ 446.27$ 6 cu. yrd. 4 x Wk 587.64$ 640.67$ 2 cu. yrd. 4 x Wk 523.35$ 588.34$ 6 cu. yrd. 5 x Wk 746.87$ 814.28$ 2 cu. yrd. 5 x Wk 646.58$ 727.14$ 35Gal Barrel 1 x Wk n/a 47.54$ 2 cu. yrd. 6 x Wk 862.73$ 967.24$ 35Gal Barrel 2 x Wk n/a 79.70$ 3 cu. yrd. 1 x Wk 155.88$ 176.60$ 35Gal Barrel 3 x Wk n/a 106.91$ 3 cu. yrd. 2 x Wk 295.24$ 335.22$ 35Gal Barrel 4 x Wk n/a 134.53$ 3 cu. yrd. 3 x Wk 438.67$ 498.24$ 35Gal Barrel 5 x Wk n/a 171.74$ 3 cu. yrd. 4 x Wk 576.27$ 654.93$ 65Gal Barrel 1 x Wk n/a 53.86$ 3 cu. yrd. 5 x Wk 716.89$ 814.90$ 65Gal Barrel 2 x Wk n/a 92.26$ 3 cu. yrd. 6 x Wk 1,096.78$ 1,235.74$ 65Gal Barrel 3 x Wk n/a 125.71$ 4 cu. yrd. 1 x Wk 171.77$ 196.16$ 65Gal Barrel 4 x Wk n/a 159.56$ 4 cu. yrd. 2 x Wk 325.27$ 372.39$ 65Gal Barrel 5 x Wk n/a 203.00$ 4 cu. yrd. 3 x Wk 478.75$ 548.61$
4 cu. yrd. 4 x Wk 630.74$ 723.20$ Commercial Food Waste 4 cu. yrd. 5 x Wk 782.71$ 897.76$ Size Freq
4 cu. yrd. 6 x Wk 1,353.70$ 1,529.16$ 2 cu. yrd. 1 x Wk 263.53$ 283.78$ 6 cu. yrd. 1 x Wk 249.30$ 285.12$ 2 cu. yrd. 2 x Wk 475.26$ 511.05$ 6 cu. yrd. 2 x Wk 475.72$ 545.30$ 2 cu. yrd. 3 x Wk 670.32$ 720.16$ 6 cu. yrd. 3 x Wk 703.65$ 807.13$ 2 cu. yrd. 4 x Wk 866.88$ 930.93$ 6 cu. yrd. 4 x Wk 937.71$ 1,075.63$ 2 cu. yrd. 5 x Wk 1,095.40$ 1,176.53$ 6 cu. yrd. 5 x Wk 1,151.95$ 1,322.54$ 2 cu. yrd. 6 x Wk 1,257.62$ 1,349.85$ 6 cu. yrd. 6 x Wk 1,369.23$ 1,572.75$ 35Gal Barrel 1 x Wk n/a 64.70$ 35Gal Barrel 2 x Wk n/a 114.04$
Commercial/MF/Resi Recycling Bins 35Gal Barrel 3 x Wk n/a 158.41$ Size Freq 35Gal Barrel 4 x Wk n/a $ 203.21
All Sizes 1 x Wk $ 53.59 $ 58.42 35Gal Barrel 5 x Wk n/a $ 257.59 All Sizes 2 x Wk $ 107.17 $ 116.83 35Gal Barrel 6 x Wk n/a $ 292.21 All Sizes 3 x Wk $ 160.76 $ 175.27 65Gal Barrel 1 x Wk $ 78.46 $ 84.40 All Sizes 4 x Wk $ 215.00 $ 234.39 65Gal Barrel 2 x Wk $ 143.25 $ 153.81 All Sizes 5 x Wk $ 268.58 $ 292.81 65Gal Barrel 3 x Wk $ 203.65 $ 218.49 All Sizes 6 x Wk $ 322.17 $ 351.24 65Gal Barrel 4 x Wk $ 264.40 $ 283.51 65Gal Barrel 5 x Wk $ 333.63 $ 357.85
65Gal Barrel 6 x Wk $ 385.35 $ 413.05

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Burrtec Waste Industries, Inc
City of San Bernardino
Option B
Current 7/20/2023
Rates Rates
Roll-Off - Service Only
- All Refuse Permanent - Plus Disposal 381.73$ 422.41$ - All Refuse Temporary 615.90$ 450.25$
incl Disp + Disposal
- All Recycling (Different Materials) - Plus Disposal 381.73$ 416.16$ - Waste to Energy - Plus Disposal n/a 1,401.55$
Roll Off Retractable Lid Monthly Rental Fee n/a 257.20$ Receiver n/a 334.38$
Compactor Box n/a 465.63$
Water Reclamation 131.00$ 142.81$
Miscellaneous RO Compactor Repair (per hour) 76.21$ 83.09$ Compactor Cleaning (each/single occurrence) 151.90$ 165.61$ Dry Run / Relocate Roll Offs (Perm & Temp) 85.44$ 93.15$ Roll Off Daily Rental Fee (Perm & Temp) 42.03$ 45.82$ Stand By / Roll-Back Roll Offs (Perm & Temp) 154.58$ 168.53$ per occurrence in excess of 15 min
End Dump Service (per Hour) n/a 234.38$
Certificate of Destruction 127.03$ 138.50$
Residential/Commercial
- Barrel Exchange (first Exchange free) charge does not apply to graffiti 17.24$ 18.80$ or damaged barrels
Commercial
- Barrel Replacement comml-lost or stolen 85.16$ 92.84$ Bin Services
- Bin Exchange (first Exchange free) charge does not apply to graffiti 86.22$ 94.00$ or damaged bins
- Bin Replacement + actual cost of bin comml-lost or stolen 93.98$ 102.46$ Bin Enclosure Cleaning (each/single occurrence) 42.33$ 46.15$ Bin Steam Cleaning (each/single occurrence) 42.33$ 46.15$ Pull Out Service - Backyard Barrel Frail/Handicap (Resi/MH/MF) N/C N/C Extra Trash Barrel (Resi/MF/MH/Commercial) 14.77$ 16.11$ Extra Recycling Barrel (Resi/MF/MH/) N/C N/C
Extra Recycling Barrel (Com) 26.98$ 29.41$
Extra Green Waste Barrel (Resi/MF only) 12.93$ 14.10$ Pull Out Service - Bin (1-6 Yard) x1 76.63$ 83.55$
Temporary Bin (3 Yrd) - 7 Day use 78.60$ 85.69$
Temp Bin Dump and Return 78.60$ 85.69$
Clean-Up Service (per 15 min) 41.27$ 44.99$
Recycling Contamination Barrel n/a 11.51$
Recycling Contamination (each bin) 67.20$ 73.27$
Extra Pick-Ups Bins - On Service Day
1 & 2 Yard (Trash/Recyc) 28.80$ 31.40$
3 Yard (Trash/Recyc) 31.32$ 34.15$
4 Yard (Trash/Recyc) 34.31$ 37.41$
6 Yard (Trash/Recyc) 40.65$ 44.32$
Extra Pick-Ups All Bins - On Non-Service Day (Trash) 51.25$ 55.87$ Extra Pick-Ups All Bins - On Non-Service Day (Recyc) 39.87$ 43.47$ Extra Pick-Ups Compactors (Trash)
2 Yard 31.32$ 34.15$
3 & 4 Yard 34.31$ 37.41$
Extra Pick-Up Barrel - Residential/Mobile Home 10.56$ 11.51$ Extra Pick-Ups FW Bins $ 9 9.73 $ 1 08.73
Extra Pick-Ups Barrel - FW $ 2 9.69 $ 3 2.37
Tilhopper (3 yd) $ 3 4.18 $ 3 7.26
Lock $ 2 0.16 $ 2 1.98
Late set-out fee $ 3 2.74 $ 3 5.69
Late Fee 1.5% 1.5%
Shopping cart retrieval $ 2 5.00 $ 2 6.25
Additional Services

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Resolution No. ___

EXHIBIT B

THIRD AMENDMENT

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THIRD AMENDMENT TO THE CITY OF SAN BERNARDINO’S EXCLUSIVE

FRANCHISE AGREEMENT FOR INTEGRATED SOLID WASTE

COLLECTION, PROCESSING, AND DISPOSAL SERVICES
WITH BURRTEC WASTE INDUSTRIES, INC.

RECITALS

B. WHEREAS, pursuant to Section 33.8 of the Agreement, the Agreement may only be amended by written agreement signed by both the City and Contractor; and,

E. WHEREAS, the Parties now desire to modify the Agreement to implement changes required by the SB 1383 Regulations.

NOW, THEREFORE , in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Third Amendment and the Agreement , the Parties mutually agree as follows:

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1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Definitions. The Definitions as stated in the Section 1 shall be amended or added to read as follows:

a. 1.19 “Consumer Price Index or CPI” means the twelve (12) month annual average percentage change the All Urban Consumers Index (CPI-U), Not Seasonally Adjusted, All Items, Riverside-San Bernardino-Ontario, CA(CUURS49CSA0), as published by the U.S. Department of Labor, Bureau of Labor Statistics, for the most calendar year, compared to the prior calendar year, , .

b. 1.27 “ Food Waste” means Source Separated Food Scraps and Food Soiled Paper.

With respect to Single -Family Dwelling Service Units and Multi- Family Dwelling Service Units, Food Waste is a su bset of source -separated Organic Container Waste. Edible F ood separated for food recovery shall not be considered Food Waste.

c. 1.34 “Organic Waste” means Solid Wastes containing material originated f rom living organisms and their metabolic waste products including, but not limited, to, food, yard trimmings, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, ma nure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosol ids and digestate are as defined in 14 CCR Section 18982(a).

d. 1.48 “Term” means the operative life of this Agreement as stated in Section 4.2.

e. “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), as may be amended from time to time.

f. “Disposal Fees” means the per ton fee charged at such place or places for the disposal, or processing as appropriate, of Solid Waste and other materials as appropriate.

g. “Edible Food” means food intended for human consumption. For the purposes of this Agree ment, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for Edible Food

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differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this Agreement.

h. “Excluded Waste” means hazardous substances, Hazardous Waste, infectious waste, designated waste, volatile, corrosive, medical Waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III Landfills or accepted at the facility by permit conditions, waste that in the City’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Contractor or City to potential liability: but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single -Family or Multi- Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

i. “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.

k. “Hauler Route(s)” means the designated itinerary or sequence of stops for each segment of the CITY’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

m. “Prohibited Container Contaminants” means the following: (i) discarded materials placed in the Recyclable Materials Container that are not identified as acceptable Source Separated Recyclable Materials for the Recyclable Materials Container; (ii) discarded materials placed in the Organic Waste Container that are not identified as acceptable Source Separated Organic Waste for the Organic

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Waste Container; (iii) discarded materials placed in the Solid Waste Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Organic Waste to be placed in Organic Waste Container and/or Recyclable Materials Container; and (iv) Excluded Waste placed in any Container

n. “Service Component” means the service portion of the Maximum Permitted Service Rate that includes the cost of providing collection of Organic Waste, Recyclable Materials, and Solid Waste but excluding Disposal Fees, Material Processing Fees, City fees and approved City Host Fees.

o. “Source Separated” means materials, including commingled Recyclable Materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or Processing those materials for Recycling or Reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the Agreement, Source Separated shall include separation of materials by the generator, property owner or tenant into different Containers for the purpose of collection such that Source Separated materials are separated from other Solid Waste for the purposes of collection and processing.

p. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982:

A. Supermarket.

B. Grocery Store wi th a total facility size equal to or greater than 10,000 square feet.

C. Food Service Provider.

D. Food Distributor.

E. Wholesale Food Vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Agreement.
p. “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982:

A. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

B. Hotel with an on-site food facility and 200 or more rooms.

C. Health facility with an on-site food facility and 100 or more beds.

D. Large Venue (as defined in 14 CCR Section 18982(a)(38)).

E. Large Event (as defined in 14 CCR Section 18982(a)(39)) F. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

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G. A local education agency with an on-site food facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Agreement

3. Self-Hauling. Section 2.9 shall be amended in its entirety to read as follows:

2.9 Self-Hauling. Self-hauling is allowed as specified in the San Bernardino Municipal Code. This Agreement does not prohibit such materials which are removed from any Service Unit in the City and which are transported personally by the owner or occupant of such premises to a processing or disposal facility pursuant to the San Bernardino Municipal Code. 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 an Organic Processing Facility, or other site permitted (or exempt from permitting) by CalRecycle, or its successor agency, in accordance with all governing laws and regulations and submit reports required by City. “Self-hauling” shall have the same definition as in Section 8.24.010 of the San Bernardino Municipal Code.

4. Monthly Franchise Fee Payment . The following shall be added to the end of Section

3.4.8:

5. Term. Section 4.2 shall be amended in its entirety to read as follows:

4.2 Term of Agreement. The term of this Agreement shall expire on March 31, 20 36, subject to early termination or extension as may occur pursuant to this Agreement.

6. Term Extension. Section 4.3 shall be amended in its entirety to read as follows:

4.3 Term Extension. At the City’s sole option, City may invite Contractor to meet, confer, and negotiate regarding one 5-Year extension to the Agreement, provided the Term has not been earlier terminated or has already been set for early termination, and Contractor is not then in material breach of the Agreement. The time period to negotiate any term shall commence April 1, 20 33, and end no later than March 31, 2034. ( “Exclusive Negotiating Period” ) All terms and conditions of the Agreement shall be open to negotiation, but neither Party shall be obligated to agree to an extension of the Term or to any modification of the terms and conditions of the Agreement. In the event, the Parties have not mutually approved an agreement extending the Term by the end of the Exclusive Negotiating Period, then there shall be no further obligation to meet, confer, or

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negotiate with regard to such extension, and City shall have the right to conduct any solicitation process, negotiate with any other service providers, or to award or approve a contract to any other service provider or to recommence its own Integrated Solid Waste Collection, Processing and Disposal Services, as it may deem appropriate in its sole and absolute discretion.

7. Container Contamination Minimization. Section 6.9.1 is hereby added to read as follows:

6.9.1 Container Contamination Minimization . Contractor shall assist in minimizing contamination by helping to educate customers on acceptable and non- acceptable materials, by monitoring the contents of collection Containers, and by refusing to collect containers with visible Prohibited Container Contaminants. Contractor shall, at its sole expense, either (1): conduct hauler route reviews each calendar year for Prohibited Container contaminants in Containers in a manner that is deemed safe by the Contractor, is approved by the City, and is conducted in a manner that results in all hauler routes being reviewed, in accordance with 14 CCR Section 18984.5(b) or (2) conduct waste evaluations for P rohibited Container Contaminants through sampling of materials from all container types and shall do so at least twice per year and in two distinct seasons of the year in a manner that complies with the requirements of 14 CCR Section 18984.5(c).

6.9.1.2 Route Review Methodology . Contractor shall develop a hauler route review methodology that complies with the requirements of 14 CCR Sections 18984.5(b).

Contractor shall submit its proposed hauler route review methodology for the coming year to the City no later than January 15 of each year describing its proposed methodology for the calendar year and schedule for performance of each hauler route review.

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ten (10) working days prior to each scheduled hauler route review that includes the specific time(s), which shall be within the City’s normal business hours, and location(s).

6.9.1.4 Documentation. Contractor shall document contamination with still pictures or video, and will notify the customer of the contamination and recycling requirements. Contractor may, at its discretion , collect the Container as R ecyclable Materials, Organic Waste, or as Solid Waste.

6.9.1.5 Reporting Requirements. Contractor shall maintain records and report to the City on contamination monitoring activities and actions taken.

6.9.1.6 SB 1383 Monitoring and Inspections. Contractor shall perform customer compliance reviews described in this subsection annually, as of the Effective Date, unless otherwise noted.

6.9.1.8 Compliance Review Process. Contractor shall conduct inspections and/or contact non-compliantentities described in Section 6.9.1.7 at a minimum of once per year or as directed by City to adequately determine the entities’ overall compliance with SB 1383. City may require the Contractor to prioritize inspections of entities that the City determines are more likely to be out of compliance.

The City shall be responsible for subsequent enforcement action.

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6.9.1.10 Documentation of Inspection Actions . The Contractor shall generate a written or electronic record and maintain documen tation for each inspection, hauler route review, and compliance review conducted.

Contractor shall provide this information in a brief complaint report to the City for each SB 1383- noncompliant complaint within five (5) working days of receipt of such complaint, and a quarterly summary report of SB 1383-noncompliant complaints.

6.9.1.11.2 Investigation of SB 1383-Noncompliant Complaints. Contractor shall assist City in meeting its obligation to investigate non -compliant complaints by commencing an investigation within thirty (30) days of receiving notice of a complaint in the following circumstances: (i) upon Contractor receipt of a complaint that an entity may not be compliant with SB 1383 and if City determines that the allegations against the entity, if true, would constitute a violation of SB 1383; and, (ii) upon City request to investigate a complaint received by City, in which City deter mines that the allegations against the entity, if true, would constitute a violation of SB 1383. Contractor is required to investigate complaints against customers and generators, including Tier One and Tier Two Commercial Edible Food Generators, against E dible Food recovery organizations, Edible Food recovery services, and other entities regulated by SB 1383. Contractor shall investigate the complaint by:

i. Reviewing the service level of the customer (if the entity is a customer of the Contractor);

ii. Reviewing the waiver list, if applicable, to determine if the entity has a valid, City-approved de minimis or physical space constraint waiver;

iii. Reviewing the self -haul registration list, if applicable, to determine if the entity has registered and reviewing the entities reported self -haul information;

iv. Inspecting premises of the entity identified in the complaint notice, if warranted; and,

v. Contacting the entity to gather more information, if warranted;

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6.9.1.11.3 Reporting. Within ten (10) days of completing an investiga tion of an SB 1383- noncompliant complaint, Contractor shall submit to City an investigation complaint report that documents the customer account in question, the nature of the complaint, the investigation performed, and recommends to City whether or not th e entity investigated is in violation of SB 1383 based on the Contractor’s investigation. The City shall make a final determination of the allegations against the entity.

Contractor shall provide to City in its reports a list of all customer non-compliant complaint notices that have not been resolved by Contractor within thirty (30) days of receiving such notice. The Contractor complaint list shall include the customer’s account information, including customer’s then-current service level, the nature of the complaint, and Contractor’s efforts to resolve the complaint . City, or its designee, shall be responsible for investigating such outstanding complaints received by Contractor.

8. Procurement of Recovered Organic Waste . Section 6.15 is hereby added to read as follows:

6.15 Procurement of Recovered Organic Waste. Contractor shall purchase or procure compost and or mulch necessary to meet thirty percent ( 30%) of the City’s annual recovered Organic Waste product procurement target under the SB 1383 Regulations (14 CCR Section 18993.1) without additional charge to the City or its customers . Contractor agrees to act as a direct service provider on behalf of the City . Contractor shall assist the City in meeting its recovered Organic Waste product procurement target, as required by 14 CCR Section 18993.1 and will assist the City with applicable recordkeeping requirements under 14 CCR Section 18993.2.

Recovered Organic Waste products shall
comply with 14 CCR 18993.1(f).

9. Conditions of Service. Section 7.1 is hereby amended to read as follows:

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provide, at its sole expense, a senior discount of ten percent (10%) for 35- gallon Solid Waste Cart service at no cost to the City or other customers . Contractor may offer alternative services to recipients receiving on-premise service. If collection in Carts is not sufficient to accommodate the amount of S olid Waste generated, Contractor may offer Bins or Roll-offs in sizes as allowed under this Agreement.

10. SFD Food Waste Collection Services . Section 7.7.5 (SFD Food Waste Collection Services) is hereby deleted it its entirety and Section 7.7.6 (Non-Collection) shall be renumbered as Section 7.7.5.

11. End Dump Trucks. Section 9.6 is hereby added to read as follows:

12. Right-of-Way Clean-Up Services. Section 12 is hereby amended in its entirety to read as follows:

Section 12. Right-of-Way Clean-Up Services

12.1.1 Contractor's Right -of-Way Clean -Up Services will consist of nine (9) components:

a) Removal of liter and vegeta�on from City gateways, alleys, major thoroughfares (including center islands and landscape medians), and the Downtown District;

b) Weed abatement from Rights-of-Way and major arterials;

c) Removal of memorials as authorized by the City;

d) Removal of authorized signs on City u�lity poles on major arterials and the Downtown District;

e) Removal of waste generated at homeless/transient encampments;’

f) Shopping cart and �re removal;

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g) Storm channel and storm drain cleaning;

h) Metrolink clean-up; and,

i) Warrant abatements, vacant lot clean-ups and illegal dumping clean-ups.

12.2 Personnel. Contractor will provide all labor and supervision necessary to perform the Right-of-Way Clean-Up Services required per the City approved Rights-of-Way maps.

The workweek of the Right- of-Way Clean -Up crewmembers will be assigned so as to provide coverage from 6:00 AM to 6:00 PM, Monday thr ough Friday and 6:00 AM to 2:00 PM on Saturdays.

12.2.1 Quality of Life Team. Contractor will provide two teams consis�ng of a minimum of 4 employees, 1 shared supervisor for the two teams, and all equipment, materials, supplies and all other items necessary to perform the Quality of Life program services that addresses cleanliness, blight, and encampments within the City . Crewmembers will be assigned so as to provide coverage from 6:00 AM to 6:00 PM, Monday through Friday and 6:00 AM to 2:00 PM on Saturdays.

12.2.2 Work Task Repor�ng and No�ﬁca�on . Contractor will provide work loca�ons and work plans weekly to the City’s Opera�ons Manager or designated representa�ve.

12.3 Equipment. Contractor will provide all equipment, materials, supplies and all other items necessary to perform the Right-of-Way Clean-Up Services required.

12.5 Diversion. To the extent prac�cal, Contractor will divert from disposal the materials collected.

12.7 Scope of Services for Right-of-Way Clean-Ups

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12.7.1 Rou�ne Patrol . Contractor's Right -of-Way maintenance crews will complete rou�ne patrols removing all liter, vegeta�on and accumulated debris from:

a) City gateway entry points and the Downtown and Civic Center District, once weekly; and

b) Assigned Right -of-Way routes for major thoroughfares, center islands and landscaped medians from the centerline of the roadway in both direc�ons to ten (10) feet oﬀ of the road edge, once every twenty (20) business days; and

c) All public alley s from the centerline in both direc�ons to the property line as determined by fences, landscaping, changes in surface material, or line of sight, once annually.

12.7.3 Removal of Homeless Encampments. Subject to the following provisions, Contractor will remove and dispose of mate rials from homeless or transient encampments as an element of their Quality of Life services rou�ne patrol, which shall include but not be limited to trash, bedding and personal eﬀects. In each such case, the City will make its p olice force and/ or City staﬀ available to Contractor to coordinate the removal of such materials in a lawful manner and in a manner, which ensures the safety of Contactor's employees. The City will be responsible for complying with all applicable laws related to the removal of such. materials. In addi�on, the City agrees to indemnify, defend, protect and hold harmless Contractor, its oﬃcers, employees and assigns from and against all losses, liabili�es, claims, actual damages (including but not limited to special and consequen�al damages) and expenses (including , but not limited to , atorneys' and expert witness fees and costs incurred in connec�on with defending against any of the foregoing or enforcing this indemnity) of any kind whatsoever paid, incurred or suﬀered by, or asserted against, Contractor or its oﬃcers, employees or agents arising from or atributable to any act or omission of the City or Contractor or Contractor's oﬃcers, employees or agents in the removal of such materials, and/or any failure to fully comply with all applicable laws in connec�on with the same.

12.7.4 Shopping Cart and Tire Removal.

12.7.4.1 Contractor's Right -of-Way Maintenance Crews shall remove shopping carts as a part of its rou�ne patrol and upon the direc�on

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of the City. Contractor will transport shopping carts to its facility and will atempt to contact the retail outlet from which s hopping carts bearing iden�ﬁca�on originated. Retail outlets will be given ﬁve (5) business days a�er no�ﬁca�on to retrieve their shopping carts subject to a recovery cost of $25.00 per shopping cart paid to Contractor. Unclaimed shopping carts will be recycled.

12.7.4.2 Tire removal from assigned public rights-of-way, storm drains and channels will occur as part of rou�ne maintenance du�es. Tires must be collected from the City corpora�on yard at least once a week and properly disposed of. At least three (3) 40 yard roll-oﬀ dumpsters are required to be located in the City cor pora�on yard for collec�on by the Contractor. The City will request an immediate collec�on of all roll- oﬀ dumpsters that are ﬁlled to capacity and Contractor must respond within 24 hours, excluding Sunday service. Contractor will be compensated for costs related to �res being collected and or disposed of from private property as a result of a duly noted code enforcement ac�on.

12.7.5 Storm Channels and Storm Drains. Storm channels iden�ﬁed in a lis�ng to be provided by City will be cleaned once annually not later than September 1st.

Storm drains and drain easements iden�ﬁed in a lis�ng to be provided and maintained by the City will be cleaned once annually between October 1st and December 1st.

12.7.6 Metrolink. Contractor ’s Right-of-Way main tenance crew will visit the Metrolink Sta�on located at 1204 W. 3rd Street twice each week (Monday and Friday) to remove liter and accumulated debris from the grounds and parking lot.

Twice annually, Contractor’s Right-of-Way maintenance crew will patro l the Metrolink rail line within the City in coordina�on with Metrolink maintenance services for liter collec�on and weed abatement.

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13. SB 1383 Outreach and Education. Section 14.9 is hereby added to read as follows:

14.9 SB 1383 Outreach and Education . The Contractor shall conduct a public information program, as directed and approved by the City and meeting the requirements of SB 1383 and the SB 1383 Regulations, to inform and remind residents of the recycling and organic waste programs and their operation. Such program shall include media releases, advertisements, public appearances, community involvement programs to encourage participation in recycling efforts. A program plan shall be submitted to the City prior to January 1st of each year for approval. Contractor shall, consistent with 14 CCR Section 18985.1, provide generators with information on properly separating materials, organic waste prevention, on -site recycling, composting, methane reduction benefits, how to recycle organic waste, approved haulers, public health and environmental impacts associated with landfilling organic waste, self -haul requirements, and edible food donation. Contractor s hall prepare and distribute public education and outreach materials in non-English languages spoken by a substantial number of the public that are provided organic waste collection services, consistent with the requirements of Government Code section 7295. Annually, Contractor shall provide Tier One and Tier Two Commercial Edible Food Generators with information on the City’s edible food recovery program, generator requirements, and food recovery.

Contractor shall cooperate and coordinate with the City Ma nager or his or her designee on public education activities to minimize duplicative, inconsistent, or inappropriately timed education campaigns. Contractor shall obtain approval from the City Manager or his or her designee on all Contractor -provided public education materials including, but not limited to: print, radio, television, or internet media before publication, distribution, and/or release. City shall have the right to request that Contractor include City identification and contact information on public education materials and approval of such requests shall not be unreasonably withheld.

14. Adjustments To Maximum Permitted Service Rates . Section 21.1.3 shall be amended in its entirety to read as follows:

21.1.3 Adjustments To Maximum Permitted Servic e Rates. The adjustments to the Maximum Permissible Customer Rates shall be calculated as follows:

a) Annual Adjustment. On July 1, 2023 and each July 1
st thereafter, Contractor may
increase the Service Component of the Maximum Permitted Service Rates for all Service Recipients by CPI.

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Any Disposal Fees and Material Processing Fees for Solid Waste, Recyclable Materials, and Organic Waste, and City Approved Host Fees, shall be considered as pass through costs and added to the CPI adjustment to the Maximum Permitted Service Rates. City and Contractor shall meet and confer to clarify the methodology in this Section, which City shall have sole discretion to approve, and which may include an amendment to the Agreement, so long as the methodology is applied in accordance with this Agreement.

Contractor shall send the proposed rate adjustment calculations and full rate schedule to the City Manager for review by March 1st of each Agreement year, or no adjustment shall be made for that Agreement Year. The City Manager shall respond to the Contractor within thirty days (30) after receipt of Contractor ’s proposed changes to the Maximum Permitted Service Rates if the proposed percentage increase is calculated correctly in accordance with this Agreement. If the proposed Maximum Permitted Service Rates are correctly calculated, the new rates will be implemented by Contractor beginning July 1 st of the Agreement Year.

b) Maximum Annual Increase . Except as specified in Section 21.1.3(a), in no event may the increase in the Maximum Permitted Service Rates increase by more than five percent (5%) during any July 1 st – June 30th period regardless of the amount increase in the CPI. If, however, the changes to the CPI result in an increase above five percent (5%) or a negative number, any amount above five percent (5%) or below zero percent (0%), shall be carried forward or applied in subsequent years.

c) Notice. Contractor shall provide notice of such increase or annual adjustment in this Section 21.1 to all property owners and customers parcels receiving service in a form approved by the City at Contractor’s expense. Contractor shall, at its own expense, mail a notice to all such customers no later than 30 days prior to the adjustment date pursuant to Government Code section 53756 . Any notice that must be mailed to customers and/or property owners pursuant to the protest hearing requirements of Article XIII D, Section 6 of the California Constitution (also referred to as “Proposition 218”) shall be the responsibility of Contractor and shall be performed in a timel y manner. Notwithstanding the foregoing, and to the extent determined necessary or advisable by City, any rate increase or new rate shall be subject to the requirements of Proposition 218 and is contingent upon the City not receiving a majority protest against the rate increase as part of such proceedings.

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d) Adjustment Due to Change in Law. As used herein, “Change in Law” means the enactment, issuance, adoption, repeal, amendment or modification of any federal, state or local statute, ordinance or regulation, or a regulatory agency or other administrative agency interpreting a law, statute, ordinance or regulation, in a manner different than relied upon by municipalities and the solid waste and collection industry. Contractor may adjust the Maximum Permissible Service Rates by an amount equal to the increase or incremental increase, as the case may be, in the costs (i.e. , on any direct or indirect cost, whether fixed or variable) of Contractor’s provision of services under this Agreement that are caused by t he Change in Law and that have been demonstrated to the City Council.

e) The City Council shall not unreasonably refuse to approve rate adjustments, nor shall the City Council unreasonably delay review and approval of any such adjustment.

f) Residential Organic Waste Rate Credit . Contractor shall , at its sole expense, provide a credit for Organic Waste service rates for residential customers over a three-year period, beginning with F iscal Year 2023-2024 and through Fiscal Year 2025-2026. The 2023 credits have been applied to the rates shown in Exhibit A.

The Organic Waste service rates for residential customers will be reduced as follows:

Fiscal Year
2023-2024 2024-2025 2025-2026 2026-2027
Residential/MF Barrel ($5.79) ($3.98) ($2.00) $0.00
Residential 35 Gal Barrel ($2.59) ($1.30) ($0.65) $0.00 Mobile Home – 3 Barrel Service ($8.46) ($4.23) ($2.12) $0.00

Contractor shall be responsible for the costs for providing the rate reductions in this Section 21.1.3(f) and is not entitled to cost recovery.

15. Submission of Reports. Section 24.4 shall be amended to read as follows:

24.4 Submission of Reports. Reports shall be submitted to:

Director of Public Works
City of San Bernardino
290 North D Street
San Bernardino, CA 92401

16. Liquidated Damages. The following is added to the table within Section 30.54:

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bb. Failure to complete annual SB 1383
monitoring requirements by December 31st
in accordance with this Agreement and SB
1383 Regulations.
$1,000 per year.

cc. Failure to complete annual calendar
reporting requirements by June 30 in
accordance with this Agreement and SB
1383 Regulations.
$1,000 per year.

dd. Failure to contact Customers in response to
complaints within one (1) business day or
to resolve or remedy a Complaint within
seven (7) calendar days of receiving such
Complaint.
$250 per incident
ee. Failure to label Containers in accordance
with this Agreement and SB 1383
Regulations.
$250 per incident
ff. Failure to issue contamination notices in
accordance with this Agreement and SB
1383 Regulations.
$50 per incident
gg. Failure to conduct compliance tasks (i.e.,
perform route reviews or waste audits) in
accordance with this Agreement and SB
1383 Regulations.
$250 per incident
hh. Failure to investigate complaints. $250 per incident ii. Failure to perform re -inspections in
accordance with this Agreement and SB
1383 Regulations.
$50 per incident
jj. Submission of a late report required by the
SB 1383 Regulations .
$1,000 per incident.

ll. Submission of an intentionally inaccurate
and misleading report.
$1,000 per incident.

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17. Compliance with Laws. The following shall be added to the end of Section 25.6

18. Notices. Section 33.9 shall be amended to read as follows:

To City: Charles E. McNeely, City Manager
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Email: [email protected]

Copy to: Sonia Carvalho, City Attorney
City of San Bernardino
Best Best & Krieger LLP
18101 Von Karman Ave.

Irvine, CA 92612
Email: [email protected]

And to: Daniel Hernandez, Director of Public Works
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Email: [email protected]

To Contractor: Cole Burr, President
Burrtec Waste Industries, Inc.
9890 Cherry Ave.

Fontana, CA 92335

19. Public Records. The heading of Section 33.12 shall be renamed to “33.12 Public Records.”

20. Replacement of Exhibit 1. Exhibit 1 of the Agreement is hereby replaced with the Exhibit 1 attached to this Third Amendment and incorporated by reference herein.

21. Contractor understands and agrees that it shall comply with any changes to the San Bernardino Municipal Code adopted by City necessary or advisable to ensure compliance

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with SB 13 83 and the SB 1383 Regulations and not inconsistent with the terms of this Agreement.

22. Whenever the words “AB 1826” appear in the Agreement, “and SB 1383 (and its implementing regulations)” shall follow.

23. This Third Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

24. This Third Amendment shall affect only th e items specifically set forth herein, and all other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties hereto have executed this Third Amendment on the Effective date first herein above written.

CITY CONTRACTOR
CITY OF SAN BERNARDINO BURRTEC WASTE INDUSTRIES, INC.

APPROVED BY:

______________________________ _____________________________ Charles McNeely Cole Burr
City Manager President

APPROVED AS TO FORM:

______________________________
Best Best & Krieger LLP
City Attorney

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Exhibit 1
Maximum Permitted Service Rates

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NOTICE OF PUBLIC HEARING PROPOSITION 218 NOTIFICATION TO PROPERTY OWNERS AND CUSTOMERS TO CONSIDER INCREASES TO SOLID WASTE SERVICE RATES Si usted necesita una copia de la carta en español, por favor visite el sitio https://www.sbcity.org/swrates o puede recoger una copia en el departamento de Public Works (201 N E St, San Bernardino, CA, 92401 edificio B segundo piso). Notice is hereby given that the City of San Bernardino (“City”) will conduct a public hearing on May 17, 2023, at 7:00 p.m. at the Feldheym Central Library, 555 West 6th Street, San Bernardino, CA 92410 to consider adopting increases to the rates for collection, processing, and disposal of solid waste within the City (collectively, “Solid Waste Services”). The purpose of the public hearing is to consider all oral testimony and written protests to, and the adoption of, the proposed rates. This 45-day notice is hereby given in accordance with Section 6(a) of Article XIII D of the California Constitution. Proposed Solid Waste Rates Burrtec Waste Industries, Inc. (“Burrtec”) provides Solid Waste Services within the City pursuant to an exclusive franchise agreement. Burrtec bills the customers directly for the services. Rates for Solid Waste Services are evaluated periodically to maintain an adequate rate structure to fund the costs of providing Solid Waste Services to residents and commercial businesses. The rate structure for monthly Solid Waste Services has four customer classes: (i) mobile home, (ii) single-family, (iii) multi-family dwelling, and (iv) commercial. The rates for Solid Waste Services imposed on each customer class are determined on the basis of (i) the size of the container serving the property; (ii) the type of container (e.g., trash, recycling, or green/organic waste) serving the property; and (iii) the frequency of pickups per week. The proposed rate increases for Solid Waste Services are necessary for Burrtec to provide mandatory organic waste collection services pursuant to regulations implementing Senate Bill 1383 (Chapter 395, Statutes of 2016). The proposed rates are calculated to recover the costs of providing weekly organic waste collection services, outreach, education, monitoring, reporting and container labeling to comply with the SB 1383 regulations, and to proportionately allocate those costs on a parcel basis among various customer classes. The rates to be imposed are set forth in Exhibit A of this Notice. Annual Adjustments • CPI Adjustment: The proposed maximum rates for Solid Waste Services in Exhibit A account for inflation, subject to a 5% cap on Maximum Permitted Service Rates. Beginning July 1, 2023, and each July 1 thereafter, through and including July 1, 2027, the then-current Maximum Permitted Service Rates will be adjusted by the 12-month annual average percentage change for the most recent calendar year, compared to the prior calendar year, in the All Urban Consumers Index (CPI-U), Not Seasonally Adjusted, All Items, Riverside-San Bernardino-Ontario, CA, as published by the U.S. Department of Labor, Bureau of Labor Statistics. • Organic Waste Processing & Disposal Pass-through Fees: The proposed maximum rates for Solid Waste Services in Exhibit A shall be adjusted annually to account for processing and disposal fees for organic waste. Beginning July 1, 2023, and each July 1 thereafter, through and including July 1, 2027, the actual processing and disposal costs for organic waste shall be passed through to customers in the rates. The entire schedule of proposed maximum permitted rates, including miscellaneous services, are included with this notice and can be found at the City Clerk’s office (see address below), or on the City of San Bernardino website at http://sbcity.org/swrates.

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Public Hearing and Written Protest Process Any property owner whose property is to be subject to the proposed increases to the rates for the Solid Waste Services and any tenant directly responsible for the payment of such fees (i.e., a customer of record) may submit a written protest to the proposed rate increases; provided, however, only one protest will be counted per identified parcel. Written protests must include the following: (1) State that the identified property owner or tenant is in opposition to the proposed rate increase to the fees; (2) The location of the identified parcel (by assessor’s parcel number or street address); and (3) The name and signature of the property owner or tenant submitting the protest. If the person submitting the written protest is the owner of record but was not shown on San Bernardino County’s last equalized assessment roll as the property owner, that person must provide written evidence that the person is the property owner. Written protests may be submitted by mail or in person to the City Clerk’s Office, provided they are received prior 3 p.m. on May 17, 2023. Written protests may also be submitted to the City Clerk at the Public Hearing prior to the close of the public comment portion of the Public Hearing. Written protests submitted via e-mail will not be accepted. Please identify on the front of the envelope for any protest, whether mailed or submitted in person, Attn: Solid Waste Rates. Written protests may be submitted as follows: BY MAIL TO: (by May 17, 2023, 3 p.m.) HAND DELIVERED TO CITY CLERK’S OFFICE: (by May 17, 2023, 3 p.m.) SAN BERNARDINO CITY CLERK’S OFFICE ATTN: SOLID WASTE RATES 290 NORTH “D” STREET SAN BERNARDINO, CA 92401 SAN BERNARDINO CITY CLERK’S OFFICE ATTN: SOLID WASTE RATES 201 NORTH “E” STREET BUILDING A SAN BERNARDINO, CA 92401 IN PERSON AT PUBLIC HEARING: (on May 17, 2023, 7 p.m. until close of public comment) FELDHEYM CENTRAL LIBRARY 555 WEST 6TH STREET SAN BERNARDINO, CA 92410 The City Council will consider all written protests and hear and consider all oral comments to the proposed rate increases for Solid Waste Services and the annual rate adjustments at the Public Hearing. Oral comments at the Public Hearing will not qualify as formal protests unless accompanied by a written protest. Upon the conclusion of the Public Hearing, the City Council will consider adoption of the rate increases to the Solid Waste Services and the annual rate adjustments as described herein. If written protests against the proposed Solid Waste Services and annual rate adjustments are not presented by a majority of the property owners of the identified parcels upon which the rates are proposed to be imposed and tenants directly responsible for the payment of the Solid Waste Services fees, the City Council will be authorized to impose the Solid Waste Services and annual rate adjustments as outlined above. If adopted, the proposed rate increases will take effect beginning July 1, 2023. The City is conducting this Proposition 218 majority protest proceeding out of an abundance of caution and without conceding the applicability of Proposition 218 to Solid Waste Services. Questions If you have questions regarding this notice or how your rates will be affected, please visit http://sbcity.org/swrates. You can also call (909) 384-5375 or [email protected].

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EXHIBIT AMAXIMUM PERMITTED SOLID WASTE SERVICE RATES
Current 7/1/23 Current 7/1/23Rates Rates Rates Rates
Residential/MF Barrel26.42$ 37.97$ Commercial CompactorsResidential 35 Gal Barreln/a 31.87$ Size FreqMobile Home Barrel 17.73$ 37.97$ 2 cu. yrd.1 x Wk 152.41$ 170.60$ 2 cu. yrd.2 x Wk 285.57$ 320.23$ Residential Trash Bins 2 cu. yrd.3 x Wk 420.12$ 471.35$ Size Freq 2 cu. yrd.4 x Wk 553.86$ 621.58$ 1 cu. yrd.1 x Wk 128.28$ 142.08$ 2 cu. yrd.5 x Wk 687.86$ 772.13$ 1 cu. yrd.2 x Wk 235.06$ 260.70$ 2 cu. yrd.6 x Wk 914.95$ 1,024.14$ 1 cu. yrd.3 x Wk 348.56$ 386.67$ 3 cu. yrd.1 x Wk 179.87$ 204.99$ 1 cu. yrd.4 x Wk 459.37$ 509.70$ 3 cu. yrd.2 x Wk 335.00$ 378.55$ 1 cu. yrd.5 x Wk 567.48$ 629.77$ 3 cu. yrd.3 x Wk 492.89$ 564.01$ 1 cu. yrd.6 x Wk 757.61$ 839.29$ 3 cu. yrd.4 x Wk 643.92$ 737.55$ 2 cu. yrd.1 x Wk 128.87$ 144.94$ 3 cu. yrd.5 x Wk 805.93$ 911.95$ 2 cu. yrd.2 x Wk 236.22$ 266.42$ 3 cu. yrd.6 x Wk 1,076.39$ 1,213.48$ 2 cu. yrd.3 x Wk 350.32$ 395.26$ 4 cu. yrd.1 x Wk 179.87$ 204.99$ 2 cu. yrd.4 x Wk 461.70$ 521.11$ 4 cu. yrd.2 x Wk 335.00$ 382.98$ 2 cu. yrd.5 x Wk 570.42$ 644.09$ 4 cu. yrd.3 x Wk 492.89$ 564.01$ 2 cu. yrd.6 x Wk 761.10$ 856.41$ 4 cu. yrd.4 x Wk 643.92$ 737.55$ 3 cu. yrd.1 x Wk 137.52$ 156.59$ 4 cu. yrd.5 x Wk 805.93$ 923.05$ 3 cu. yrd.2 x Wk 260.45$ 297.28$ 4 cu. yrd.6 x Wk 1,076.39$ 1,226.80$ 3 cu. yrd.3 x Wk 387.00$ 441.90$ 3 cu. yrd.4 x Wk 508.39$ 580.90$ Commercial/MF/Resi GW Bins3 cu. yrd.5 x Wk 632.44$ 722.80$ Size Freq3 cu. yrd.6 x Wk 967.58$ 1,094.85$ 1 cu. yrd.1 x Wk 123.20$ 134.32$ 4 cu. yrd.1 x Wk 151.54$ 174.10$ 1 cu. yrd.2 x Wk 227.60$ 248.14$ 4 cu. yrd.2 x Wk 286.96$ 330.61$ 1 cu. yrd.3 x Wk 334.68$ 364.89$ 4 cu. yrd.3 x Wk 422.35$ 487.11$ 1 cu. yrd.4 x Wk 441.75$ 481.61$ 4 cu. yrd.4 x Wk 556.44$ 642.18$ 1 cu. yrd.5 x Wk 547.45$ 596.85$ 4 cu. yrd.5 x Wk 690.50$ 797.21$ 2 cu. yrd.1 x Wk 124.09$ 135.29$ 4 cu. yrd.6 x Wk 1,194.23$ 1,355.27$ 2 cu. yrd.2 x Wk 229.37$ 250.07$ 6 cu. yrd.1 x Wk 219.94$ 253.11$ 2 cu. yrd.3 x Wk 337.33$ 367.77$ 6 cu. yrd.2 x Wk 419.68$ 484.19$ 2 cu. yrd.4 x Wk 445.28$ 485.47$ 6 cu. yrd.3 x Wk 620.77$ 716.76$ 2 cu. yrd.5 x Wk 551.88$ 601.68$ 6 cu. yrd.4 x Wk 827.26$ 955.19$ 3 cu. yrd.1 x Wk 133.05$ 145.06$ 6 cu. yrd.5 x Wk 1,016.26$ 1,174.57$ 3 cu. yrd.2 x Wk 251.25$ 273.92$ 6 cu. yrd.6 x Wk 1,207.95$ 1,396.87$ 3 cu. yrd.3 x Wk 367.95$ 401.15$ 3 cu. yrd.4 x Wk 484.67$ 528.41$ Commercial/MF Trash Bins 3 cu. yrd.5 x Wk 599.99$ 654.14$ Size Freq 4 cu. yrd.1 x Wk 145.54$ 158.68$ 1 cu. yrd.1 x Wk 145.42$ 160.77$ 4 cu. yrd.2 x Wk 270.47$ 294.88$ 1 cu. yrd.2 x Wk 266.44$ 294.92$ 4 cu. yrd.3 x Wk 396.78$ 432.59$ 1 cu. yrd.3 x Wk 395.11$ 437.42$ 4 cu. yrd.4 x Wk 524.47$ 571.80$ 1 cu. yrd.4 x Wk 520.70$ 576.58$ 4 cu. yrd.5 x Wk 649.41$ 708.02$ 1 cu. yrd.5 x Wk 643.27$ 712.42$ 6 cu. yrd.1 x Wk 167.50$ 182.62$ 1 cu. yrd.6 x Wk 858.77$ 949.59$ 6 cu. yrd.2 x Wk 311.65$ 339.77$ 2 cu. yrd.1 x Wk 146.08$ 163.70$ 6 cu. yrd.3 x Wk 458.56$ 499.95$ 2 cu. yrd.2 x Wk 267.76$ 300.81$ 6 cu. yrd.4 x Wk 587.64$ 640.67$ 2 cu. yrd.3 x Wk 397.10$ 446.27$ 6 cu. yrd.5 x Wk 746.87$ 814.28$ 2 cu. yrd.4 x Wk 523.35$ 588.34$ 35Gal Barrel1 x Wk n/a 47.65$ 2 cu. yrd.5 x Wk 646.58$ 727.14$ 35Gal Barrel2 x Wk n/a 80.42$ 2 cu. yrd.6 x Wk 862.73$ 967.24$ 35Gal Barrel3 x Wk n/a 108.44$ 3 cu. yrd.1 x Wk 155.88$ 176.60$ 35Gal Barrel4 x Wk n/a 136.83$ 3 cu. yrd.2 x Wk 295.24$ 335.22$ 35Gal Barrel5 x Wk n/a 174.51$ 3 cu. yrd.3 x Wk 438.67$ 498.24$ 65Gal Barrel1 x Wk n/a 55.23$ 3 cu. yrd.4 x Wk 576.27$ 654.93$ 65Gal Barrel2 x Wk n/a 95.50$ 3 cu. yrd.5 x Wk 716.89$ 814.90$ 65Gal Barrel3 x Wk n/a 131.36$ 3 cu. yrd.6 x Wk 1,096.78$ 1,235.74$ 65Gal Barrel4 x Wk n/a 168.30$ 4 cu. yrd.1 x Wk 171.77$ 196.16$ 65Gal Barrel5 x Wk n/a 215.96$ 4 cu. yrd.2 x Wk 325.27$ 372.39$ 4 cu. yrd.3 x Wk 478.75$ 548.61$ Commercial Food Waste4 cu. yrd.4 x Wk 630.74$ 723.20$ Size Freq4 cu. yrd.5 x Wk 782.71$ 897.76$ 2 cu. yrd.1 x Wk 263.53$ 287.31$ 4 cu. yrd.6 x Wk 1,353.70$ 1,529.16$ 2 cu. yrd.2 x Wk 475.26$ 518.15$ 6 cu. yrd.1 x Wk 249.30$ 285.12$ 2 cu. yrd.3 x Wk 670.32$ 730.81$ 6 cu. yrd.2 x Wk 475.72$ 545.30$ 2 cu. yrd.4 x Wk 866.88$ 945.11$ 6 cu. yrd.3 x Wk 703.65$ 807.13$ 2 cu. yrd.5 x Wk 1,095.40$ 1,194.25$ 6 cu. yrd.4 x Wk 937.71$ 1,075.63$ 2 cu. yrd.6 x Wk 1,257.62$ 1,371.11$ 6 cu. yrd.5 x Wk 1,151.95$ 1,322.54$ 35Gal Barrel1 x Wk n/a 67.63$ 6 cu. yrd.6 x Wk 1,369.23$ 1,572.75$ 35Gal Barrel2 x Wk n/a 120.41$ 35Gal Barrel3 x Wk n/a 168.42$ Commercial Barrel 26.42$ 29.24$ 35Gal Barrel4 x Wk n/a 216.81$ (incl Trash & Recycling Barrel) 35Gal Barrel5 x Wk n/a 274.48$ 35Gal Barrel6 x Wk n/a 313.05$ Commercial/MF/Resi Recycling Bins 65Gal Barrel1 x Wk 78.46$ 85.54$ Size Freq 65Gal Barrel2 x Wk 143.25$ 156.18$ All Sizes1 x Wk 53.59$ 58.42$ 65Gal Barrel3 x Wk 203.65$ 222.03$ All Sizes2 x Wk 107.17$ 116.83$ 65Gal Barrel4 x Wk 264.40$ 288.26$ All Sizes3 x Wk 160.76$ 175.27$ 65Gal Barrel5 x Wk 333.63$ 363.74$ All Sizes4 x Wk 215.00$ 234.39$ 65Gal Barrel6 x Wk 385.35$ 420.13$ All Sizes5 x Wk 268.58$ 292.81$ All Sizes6 x Wk 322.17$ 351.24$

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EXHIBIT AMAXIMUM PERMITTED SOLID WASTE SERVICE RATES
Current 7/1/23Rates Rates
Roll-Off - Service Only- Refuse Permanent - Plus Disposal 381.73$ 422.93$ - Refuse Temporary 615.90$ 450.75$ incl Disp+ Disposal - Recycling (Different Materials) - Plus Disposal 381.73$ 416.18$ - Recycling (Different Materials) - Plus Disposal 167.96$ 176.36$ BWI/COE/Customer Owned Receiver n/a 334.88$ Compactor Box n/a 466.13$
Miscellaneous RO Compactor Repair (per hour) 76.21$ 83.09$ Compactor Cleaning (each/single occurrence) 151.90$ 165.61$ Dry Run / Relocate Roll Offs (Perm & Temp) 85.44$ 93.15$ Stand By / Roll-Back Roll Offs (Perm & Temp) 154.58$ 168.53$ per occurrence in excess of 15 minEnd Dump Service (per Hour) n/a 234.38$ Roll Off Daily Rental Fee (Perm & Temp) 42.03$ 45.82$ Roll Off Retractable Lid Monthly Rental Fee n/a 257.70$ Pull Out Service - Backyard Barrel Frail/Handicap (Resi/MH/MF)N/C N/CExtra Trash Barrel (Resi/MF/MH/Commercial) 14.77$ 16.11$ Extra Recycling Barrel (Resi/MF/MH/) N/C N/CExtra Recycling Barrel (Com) 26.98$ 29.41$ Extra Green Waste Barrel (Resi/MF only) 12.93$ 14.10$ Pull Out Service - Bin (1-6 Yard) x1 76.63$ 83.55$ Temporary Bin (3 Yrd) - 7 Day use 78.60$ 85.69$ Temp Bin Dump and Return 78.60$ 85.69$ Residential/Commercial- Barrel Exchange (first Exchange free) charge does not apply to graffiti or17.24$ 18.80$ damaged barrelsCommercial- Barrel Replacement comml-lost or stolen 85.16$ 92.84$ Bin Services- Bin Exchange (first Exchange free) charge does not apply to graffiti or86.22$ 94.00$ damaged bins- Bin Replacement + actual cost of bin comml-lost or stolen93.98$ 102.46$ Bin Enclosure Cleaning (each/single occurrence) 42.33$ 46.15$ Bin Steam Cleaning (each/single occurrence) 42.33$ 46.15$ Clean-Up Service (per 15 min) 41.27$ 44.99$ Recycling Contamination Barrel n/a 11.51$ Recycling Contamination (each bin) 67.20$ 73.27$ Extra Pick-Ups Bins - On Service Day1 & 2 Yard (Trash/Recyc) 28.80$ 31.40$ 3 Yard (Trash/Recyc) 31.32$ 34.15$ 4 Yard (Trash/Recyc) 34.31$ 37.41$ 6 Yard (Trash/Recyc) 40.65$ 44.32$ Extra Pick-Ups All Bins - On Non-Service Day (Trash)51.25$ 55.87$ Extra Pick-Ups All Bins - On Non-Service Day (Recyc)39.87$ 43.47$ Extra Pick-Ups Compactors (Trash)2 Yard 31.32$ 34.15$ 3 & 4 Yard 34.31$ 37.41$ Extra Pick-Up Barrel - Residential/Mobile Home 10.56$ 11.51$ Extra Pick-Ups FW Bins 99.73$ 108.73$ Extra Pick-Ups Barrel - FW 29.69$ 32.37$ Tilhopper (3 yd) 34.18$ 37.26$ Lock 20.16$ 21.98$ Late set-out fee 32.74$ 35.69$ Late Fee 1.5% 1.5%Certificate of Destruction 127.03$ 138.50$ Shopping cart retrieval 25.00$ 26.25$ Water Reclamation 131.00$ 142.82$ Additional Services

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Title: Solid Waste Rate Adjustment and Third Amendment to the Franchise Agreement for Integrated Solid Waste
Collection, Processing and Disposal Services.

Presented by: Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance & Leslie Graciano, Environmental Programs Coordinator

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Background
• Burrtec Waste Industries, Inc. is the City’s franchise solid waste hauler. The City and Burrtec entered the 10- year agreement in 2016 to provide trash, recycling, and green waste services to the jurisdiction. The current term expires March 21, 2026. • The franchise agreement allows Burrtec to increase the service rates by Consumer Price Index (CPI), not exceeding a 5% increase annually.
• This is a beneficial aspect for rate increases, because the increase for overall service rates based on the percentage of calculated inflation, is capped.

Franchise Agreement with Burrtec Waste Industries,
Inc.

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Background
• On December 7, 2022, the City Council considered three rate options and authorized the issuance of the Proposition 218 Notice with Option A (previously referred to as Rate Option 2). • On May 17, 2023, the City Council continued the Proposition 218 Public Hearing to June 21, 2023, and directed staff to negotiate with Burrtec on a new option with lower rates. • On June 21, 2023, City Staff requested the continuation of the Proposition 218 Public Hearing to July 19, 2023, to allow the completion of negotiations.

Franchise Agreement with Burrtec Waste Industries,
Inc.

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Discussion
• SB 1383 Regulations requires all businesses and residents to subscribe to organic waste ( green + food waste) collection services, in addition to trash and recycling services. • The City must implement the SB 1383 Regulations, or it could face penalties of up to $10,000 per day for failing to comply.
• CalRecycle is aware the City is under negotiations with Burrtec to amend the franchise agreement to implement SB 1383 requirements.

SB 1383 Implementation 2023

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Discussion Continued
Collection
• Residential collection will utilize 3-container system • Commercial collection will utilize 4-container system, service levels dependent on customer needs
Education and Outreach Activities
• Information distributed through community meetings, newsletters, automated calls, feedback from route review audits/ waste evaluations, and onsite guidance SB 1383 Implementation 2023

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Discussion Continued
Assistance in Procurement Requirements
• Compost & mulch giveaways, landscape and turf enhancements, organics converted to heat, fuel, and electricity
Edible Food Recovery
• Identify Tier 1 commercial edible food generators and food recovery organizations, estimate amount of edible food being disposed of and divert 20% of edible food from disposal to food recovery organizations or services.

SB 1383 Implementation 2023

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Discussion Continued
Compliance Monitoring and Enforcement
• Document qualified customers, commercial edible food generators, waste characterizations, route audit results, complaints investigated, recovered organic waste products procured, and organic waste diverted from landfill.

Capacity Planning
• City works with Burrtec to evaluate existing capacity for managing organic waste processing & edible food recovery prgoram
SB 1383 Implementation 2023

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Agreement Rate Option Comparison

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Option A and B comparison of Rates 2023-2036
Option A rate FY 2023:$36.17
Option B rate FY 2023:$30.71
Numbers after FY 2023 are
estimates for comparative
purposes and not actual
numbers for the future

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Option A
• 5-year agreement extension
• 5% CPI cap on the service components,
the trash components and recycling
components
• Pass through of all processing and
disposal cost for organics only
• 35-gallon service for low volume
customers
• Senior Discount Rate
• Quality of Life Team
Option B
• 10-year extension
• 5% CPI cap on the service components only
• Pass through of all processing and disposal
costs for trash, recycling, and organics
• 35-gallon service for low volume customers
• Lower Mobile Home Rate
• Senior Discount Rate
• Expansion of the Quality of Life team
Amendment No. 3 to the Franchise Agreement with Burrtec

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1.Proceed with the continued Public Hearing to receive comments on the proposed rate increases and Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. (“Burrtec”); and

2.Close the Public Hearing after all public comments have been heard; and

3.Determine if written protests have been received from the owners and tenants from parcels which are subject to the solid waste service rate increases, and, if a majority protest is not received; and

4.Adopt either Resolution adopting rates and Approving Third Amendment for either:
a. Option A (previously referred to as Rate Option 2)
b. Option B (new rate option)
Conclusion

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1 2
RESOLUTION NO. 2016- 10
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF

SAN BERNARDINO APPROVING A TEN- YEAR AGREEMENT WITH BURRTEC 4 WASTE INDUSTRIES, INC. TO PROVIDE REFUSE AND RECYCLING, STREET 5 SWEEPING AND RIGHT- OF- WAY CLEAN- UP SERVICES TO THE CITY 6 WHEREAS, the City filed for bankruptcy protection in August 2012; and 7 WHEREAS, as a result, a Recovery Plan in support of a Plan of Adjustment hasbeen filed with the federal bankruptcy court and approved by the Common Council in May 2015 8 that indicated the Council' s approval to seek more cost effective approaches to providing 9 services to the public; and
10 WHEREAS, the court and creditors expect the City to implement the Plan in good 11 faith and are closely monitoring the City actions toward implementation; and 12 WHEREAS, the City currently provides solid waste and recycling, street sweeping and right- of- way clean- up services to the public using city staff; and 13 WHEREAS, the City would need to invest almost $ 20 million just to replace its 14 outdated equipment used to support these activities; and 15 WHEREAS, the private sector performs these services more cost effectively due to 16 economies of scale including capital acquisition, fleet maintenance, workers compensation, employee recruitment, safety and training programs, customer service and billing, technology 17 and management; and
18 WHEREAS, most municipalities contract these services to the private sector; and 19 WHEREAS, the City Manager sent out Requestsfor Proposals in June, 2015 seeking 20 proposals for a 10-year agreement for solid waste and recycling, street sweeping and right- of- 21 way cleanup services with the option for a five- year renewal; and 22 WHEREAS, four companies responded to the RFP; and
23 WHEREAS, a team of professionals with no ties to any of the companies reviewed 24 and rated the proposals; and
25 WHEREAS, the companies were rated on a review of their financial strength, proposed customer rates, technical proposal, financial proposal, and references; and 26 27
28 1

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WHEREAS, each company was interviewed and confirmed the customer rates and 1 financial proposal provided to the City and to identify guaranteed savings; and 2 WHEREAS, the evaluation team unanimously rated the proposal from Burrtec as the 3 best and most effective proposal for the City; and
4 WHEREAS, on November 16, 2015, the Common Council declared Burrtec to be the 5 successful proposer and authorized staff to: negotiate a ten- year agreement with Burrtec to provide solid waste and recycling, street sweeping, and right- of- way clean- up services, 6 consistent with the terms of their proposal and the RFP; work with the County of San Bernardino to determine if an acceptable agreement can be reached for landfill rates that 7 would allow waste to be returned to the County system without increasing rates or reducing 8 revenuesto the City; and return to the Common Council for final contract approval. 9 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 10 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
11 SECTION 1. A ten- year agreement with one possible five- year extension with 12 Burrtec Waste Industries, Inc, attached hereto as Exhibit" A" is hereby approved to provide 13 solid waste and recycling, street sweeping and right- of- way clean- tip services; 14 SECTION 2. Staff is directed to send written notice to Republic Industries, Inc. 15 terminatingtheCity' sprocessingagreementeffectiveJanuary1, 2018. 16 17 SECTION 3. The $ 500,000offeredby Burrtecaspartof their financialproposalis 18 hereby authorized to be distributed to employeestransitioning to Burrtec and leaving city 19 employment, basedprimarily on seniority.
20 SECTION 4. The number of authorized full time positions in the Public Works 21 Department will be reduced by 87, effective April 1, 2016. 22 HI
23 24
25 26
27 28
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO APPROVING A TEN- YEAR AGREEMENT WITH BURRTEC 2 TO PROVIDE REFUSE AND RECYCLING, STREET SWEEPING AND RIGHT- OF-

WAY CLEAN- UP SERVICES TO THE CITY
3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 4 5
and Common Council of the City of San Bernardino at a joint adjourned regular meeting 6 thereof, held on the
25th
day of January, 2016, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 MARQUEZ X
9 10

BARRIOS X
11 VALDIVIA X
12 SHORETT X
13 NICKEL X
14 JOHNSON X
15 MULVIHILL X
16 17 Q. - v-
18 Georgea Hanna,' CKU, City Clerk
19 The foregoing Resolution is hereby approved this day of Januar 2016. 20 21
R. Carey Day' , Mayor
22 City of San ernardino
23 Approved as to form:

Gary D. Saenz, City Attorney
24 25 Byy.
26 27
28 3

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2016- 10
CityofSanBernardinoExclusiveFranchiseAgreementforIntegratedSolidWaste Collection, Processing, andDisposalServicesWithBurrtecWasteIndustries, Inc.

By and Between

THE CITY OF SAN BERNARDINO
and
BURRTEC WASTE INDUSTRIES, INC.

Approved on: January 25, 2016
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City of San Bernardino Exclusive FranchiseAgreementfor IntegratedSolid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.

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City of San Bernardino Exclusive FranchiseAgreementfor IntegratedSolid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.

TABLE OF CONTENTS
RECITALS 5
Section 1. Definitions 7
Section 2. Grant of Franchise 14
Section 3. Contractor' s Payments Reimbursements, and Additional Revenues to City 17 Section 4. Term and Term Extensions 21
Section 5. Warranties and Representations 22
Section 6. Types and Frequency of Service 25
Section 7. SFD Collection Service 31
Section 8. MFD Collection Services 35
Section 9. Commercial Collection Service 36
Section 10. Collection Service for City Service Units 39 Section 11. Street Sweeping 41
Section 12. Right- of- Way Clean- Up Service 46
Section 13. Collection Routes 49
Section 14. Public Outreach Services. 50
Section 15. Collection Equipment 52
Section 16. Hiring of Displaced City Employees and Local Recruiting 57 Section 17. Privacy 58
Section 18. Service Exceptions• Hazardous Waste 58
Section 19. Customer Service 59
Section 20. Ownership of Solid Waste, Recyclable Materials, Organic Waste and Construction and Demolition Materials 60

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City of San Bernardino Exclusive FranchiseAgreementfor Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.

Section 21. Customer Rates and Billing Procedures 60 Section 22. Contractor' s Books and Records: Audits 65 Section 23. Integrated Waste Management Act: Reporting Requirements 65 Section 24. Activities and Financial Reports; Adverse Information 66 Section 25. Indemnification and Insurance 71
Section 26. Performance Bonds 75
Section 27. Emergency Service 76
Section 28. Administrative Remedies; Imposition of Damages: Termination 77 Section 29. Referral to Referee; Hearing Procedures 80 Section 30. City' s Additional Remedies 83
Section 31. Billing Audit and Performance Reviews 87 Section 32. Franchise
Transfers
City Consent; Fees 89
Section 33. General Provisions 90
Exhibit 1 Maximum Permitted Service Rates 95
Exhibit 2 City Facilities 99
Exhibit 3 Contractor' s Facilities 103
Exhibit 4 City Sponsored Events 105
Exhibit 5 Transition Plan 107
Exhibit 6 Public Education & Outreach Plan 111
Exhibit 7 Diversion Plan 113
Exhibit 8 Customer Service Plan 117
Exhibit 10 Displaced City Employee Compensation Minimum Requirements 123 Exhibit 11 Contractor' s Subcontractors 125

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City of San Bernardino Exclusive Franchise Agreementfor Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.

This Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services (" Agreement") is hereby entered into by and between the City of San Bernardino, a California Charter City and a municipal corporation organized under the Constitution and laws of the State of California (" Cit '), and Burrtec Waste Industries, Inc. a California corporation organized under the laws of the State of California (" Contractor"), and is made on the terms and conditions provided below:

RECITALS
WHEREAS, Article XI, § 7 of the California Constitution authorizes cities to protect public health and safety by taking measures in furtherance of their authority over police and sanitary matters; and
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, the Legislature of the State of California, by enactment of its California Global Warming Solutions Act of 2006 (" AB 32"), requires that commercial generators statewide participate in recycling programs; and
WHEREAS, the Legislature of the State of California, by enactment of Assembly Bill 341 AB 341") adopted a goal that seventy-five percent of solid waste generated state-wide be diverted from landfill by the year 2020. Furthermore, AB 341 requires that each commercial solid waste generator, including multi-family dwellings of five or more units, provide for recycling programs, and each City or County implement recycling programs for commercial solid waste generators, including multi-family dwellings of five or more units; and WHEREAS, the Legislature of the State of California, by enactment of Assembly Bill 1594 (" AB 1594") eliminates cities and counties from receiving landfill diversion credit from green waste used being used as Alternative Daily Cover effective January 1, 2020; and WHEREAS, the Legislature of the State of California, by enactment of Assembly Bill 1826 (" AB 1826") adopted requirements for each commercial solid waste generator, including multi-familydwellingsof five or moreunits, to providefor organicsrecyclingprograms, and for each City or County to implementorganics recyclingprogramsfor commercialsolid waste generators, includingmulti-familydwellingsoffive or moreunitsbyApril 1, 2016; and

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City of San Bernardino Exclusive FranchiseAgreementfor IntegratedSolid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.

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 extentof providingsolidwasteservices, andwhetherthe servicesare to be providedby means of nonexclusive, partially exclusive or wholly exclusive franchise, contract, license or otherwise which may be granted by local government under terms and conditions prescribed by the governing body of the local agency; and
WHEREAS, City is obligated to protect the public health and safety of the residents and businesses of the City of San Bernardino and arrangements made by solid waste enterprises and recyclers for the collection of residential and commercial Solid Wastes should be made in a manner consistent with the exercise of the City's police power for the protection of public health and safety; and
WHEREAS, City and Contractor are mindful of the provisions of the laws governing the safe collection, transport, recycling and disposal of residential and commercial Solid Waste, including AB 939, the Resource Conservation and Recovery Act (" RC RA'), 42 U. S. C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act CERCLA"), 42 U. S. C. §§ 9601 et seq.; the Electronic Waste Recycling Act of 2003 ( SB 20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher, Chapter 863, Statutes of 2004; AB 575, Wolke, Chapter 59, Statutes of 2011), laws governing Universal Waste, including, but not limited to, Universal Waste Electronics Devices (" UWED"), 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
WHEREAS, City and Contractor 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 Contractor, an independent entity, not City, which will arrange to collect Solid Waste from SFD, MFD, City and Commercial Service Units in the City, transport for recycling and disposal and dispose of Solid Wastes which may contain small amounts of household products with the characteristics of hazardous wastes, collect and compost Organic Waste and collect and recycle Recyclable Materials from SFD, MFD, City, and Commercial Service Units in the City, and collect and recycle or dispose of Construction and Demolition Materials; and

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Cityof SanBernardinoExclusiveFranchiseAgreementfor IntegratedSolidWaste Collection, Processing, and Disposal ServicesWith Burrtec Waste Industries, Inc.

WHEREAS, there are no places within the City limits of the City of San Bernardino where active landfills for disposal are located, or which are suitable for the siting of a landfill and therefore Solid Waste must be exported from the City; and WHEREAS, Cityand Contractoragreethat Contractor, not City, will selectthe landfillor transformationfacilitydestinationof thenon-recyclableresidentialandcommercialSolidWaste and Construction and Demolition Materials which Contractor will arrange to collect, that City has not, and by this Agreement does not, instruct Contractor on its collection methods, nor supervise Contractor in the collection of waste and nothing in this Agreement or other action of the Cityshall be construedto give riseto any inferencethatthe City hasany title, ownershipor right of possession of such Solid Waste; and
WHEREAS, Contractor represents and warrants to City that Contractor has the experience and qualifications to conduct recycling and waste diversion programs, to provide Citywithinformationsufficientto meettheCity's reportingrequirementstoCalRecycleandother agencies under the Act, to meet City's other requirements under the Act, to arrange with personsin chargeof day-to-day activitiesof ServiceUnits in the City for the collection, safe transport and disposal of Solid Wastes which may contain small amounts of household products with the characteristics of Hazardous Wastes, in a safe manner which shall minimize the adverse effects of collection vehicles on air quality and traffic, and that Contractor has the ability to indemnify City in accordance with this Agreement; and WHEREAS, the City Council of the City of San Bernardinodetermines and finds pursuant to California Public Resources Code § 40059( a)( 1) that the public interest, health, safety and well-being, includingthe minimizationof adverseimpactson air qualityand traffic from excessive numbers of collection vehicles, the implementation of measures consistent with the City's SourceReductionand RecyclingComponent, andin an effortto reducethe City's potentialCERCLAliability, would be served if Contractorwere to be awardedan exclusive Franchisefor collection, recycling, diversionand disposalof SolidWaste from ServiceUnitsin the City of San Bernardino.

NOW, THEREFORE, the City and Contractor, agree as follows:

Section 1. Definitions
Wheneveranyterm usedin this Agreementhas beendefinedby the MunicipalCodeof the City of San Bernardino (" Municipal Code") or Division 30, Part 1, Chapter 2 of the California Public Resources Code, the definitions in the Municipal Code or Public Resources Code shall applyunlessthetermis otherwisedefinedin thisAgreement. Forpurposesof thisAgreement the following definitions apply:

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City of San Bernardino Exclusive FranchiseAgreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.

1. 1 " AB 341" means State of California Assembly Bill No. 341 approved October 5, 2011. AB 341 requires businesses, defined to include commercial or public entities that generate more than 4 cubic yards of commercial solid waste per week or multifamily residential dwellings of 5 units or more to arrange for recycling services, on and after July 1, 2012. AB 341 requiresjurisdictions, on and after July 1, 2012, to implementa commercial solid waste recycling program.

1. 2 " 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 implementedby the regulationsof the California Departmentof Resources Recycling and Recovery ( CalRecycle), or its successor agency.

1. 3 " AB 1594" means State of California Assembly Bill No. 1594 approved September 28, 2014. AB 1594 provides that the use of green material as Alternative Daily Cover does not constitute diversion through recycling and would be considered disposal.

1. 4 " AB 1826" means State of California Assembly Bill No. 1826 approved September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an organic waste recycling program to divert organic waste from businesses. Each businessmeetingspecificorganicwasteor solidwastegenerationthresholdsphasedin from April 1, 2016 to January 1, 2020 is required to arrange for organic waste recycling services.

1. 5 " ADC" or " Alternative Daily Cover" means cover material used to cover compacted Solid Waste in a Disposal Site, other than at least six ( 6) inches of earthen material, placed on the surface of the active face of the Solid Waste fill area at the end of each operating day to control vectors, fires, odors, blowing litter, and scavenging, as defined in Section 20164 of the California Code of Regulations as may be amended from time to time

1. 6 " Agreement' or " Franchise Agreement" means this written Agreement between the City and Contractor, and all exhibits. See Section 2, below.

1. 7 " Agreement Year" means each twelve ( 12) month period from April 1Stto March 31Stof each year beginning on the Service Commencement Date.

1. 8 " Bin" or " Bins" means those 2, 3, 4, and 6 cubic yard containers provided by Contractor for the collection of Solid Waste, Recyclable Material and Organic Waste.

1. 9 " Bulky Waste" means large and small household appliances, furniture, carpet, mattresses, white goods, brown goods, clothing, automobile tires, and oversized yard waste such as tree trunks and large branches if no larger than two feet in diameter and four feet in length and similar large items discarded by residential Service Recipients.

BulkyWaste is a form of SolidWastewhendiscardedby the generatorinto the waste

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CityofSanBernardinoExclusiveFranchiseAgreementforIntegratedSolidWaste Collection, Processing, andDisposalServicesWithBurrtecWasteIndustries, Inc. stream. The term " Bulky Waste" does not include consumer electronics, such as televisions, radios, computers, monitors, and the like, which are regarded as Universal Waste Electronic Devices, the disposal of which is governed by regulation of the Department of Toxic Substances Control.

1. 10" Business Days" means Mondaythrough Friday, during the hours of 8:00 a.m., through5:00 p.m., exceptfor holidaysrecognizedby City.

1. 11" Cart" or " Carts" means those wheeled containers up to 96-gallon capacity providedby Contractorfor thecollectionof OrganicWaste, RecyclableMaterials, and Solid Waste.

1.12"City" meansthe Cityof SanBernardino, California.

1. 13" City Representative" means the City Manager, or the City Manager's designee, authorized to administer and monitor the provisions of this Agreement.

1.14"CityServiceUnit" meansthoseCitypropertiesorlocationsassetforthin Exhibit 2, " City Facilities", which is attached to and included in this Agreement.

1. 15" Commercial Service Unit" means, premises in the City, other than SFD, MFD and CityServiceUnits, whereSolidWaste, RecyclableMaterials, andOrganicWaste are generatedor accumulated. The term "CommercialServiceUnit" includes, but is not limited to, stores; offices; restaurants; rooming houses; hotels; motels; industrial and manufacturing, processing, or assemblyshopsor plants; hospitals, clinics, convalescent centers and nursing homes ( non- medical waste).

1. 16 " Commercial Organic Waste" means Green Waste and Food Waste separated at the source of generationfor inclusionin the CommercialOrganic Waste Collection Service program.

1. 17" Integrated Solid Waste Collection, Processing and Disposal Services" means the collection, transportation, processing, recycling, composting, conversion, retention and disposal of all Solid Waste, Organic Waste, ( including Commercial Organic Waste, Food Waste, and Green Waste), Recyclable Materials, Construction and Demolition Materials, Bulky Waste, all as defined in this Agreement, produced, generated and/or accumulated within the City.

1. 18 " 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 demolitionmaterials, packaging, plaster, drywall, rubbleresultingfrom construction, remodeling, repairand demolitionoperations, but does not includeasbestos-containing materials. Construction and Demolition Materials, but not asbestos- containing materials,

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City of San Bernardino Exclusive Franchise Agreementfor Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. are within the scope of this Agreement, subject to the licensed contractor exception in Section 2. 9, below.

1. 19" Consumer Price Index" or " CPI" means the twelve ( 12) month annual average percentage change for the most recent period of January 1st through December 31st, versus the prior most recent period of January 1st through December 31st, as published the U. S. Department of Labor, Bureau of Labor Statistics, Series ID: " CUURA421SA0, NotSeasonallyAdjusted, All Items, LosAngeles-Riverside-OrangeCounty, CA."

1. 20" Container" means Cart, Bin, or Roll- off.

1.21" Contractor" means Burrtec Waste Industries, Inc. a California corporation, a party to this Agreement.

1. 22 " Displaced City Employee" meansan employeeof the Cityas of March31, 2016 who was principally employed in the operation or support of City's refuse enterprise such as drivers, motor sweeper operators, maintenance workers, customer service representatives, and administrative support) and who would otherwise be discharged or laid-off as a result of City's grant of the Franchise to Contractor, or who has waived their bumping rights under the applicablecollectivebargainingagreementand decided to pursue a position offered by Contractor.

1. 23" Disposal Facility" means such place or places specifically designated by the Contractor as listed in Exhibit 3 for the disposal, or processing as appropriate, of Solid Waste and other materials as appropriate.

1. 24" Effective Date" means the date by which Contractor and City have approved the Franchise Agreement ( including all attachments) and their respective authorized representatives have executed the Franchise.

1.25" Franchise" means the exclusive right and privilege granted by this Agreement.

1. 26" Payments to the City " means the negotiated payments as listed in Section 3 of this Agreement that are agreed upon by the City and Contractor in consideration of City's grantof the Franchiseto Contractorandwhich, inter alia, is intendedto offsetthe City's expensesin administeringthis Franchiseand to compensateCity for damageto its streets, sidewalks, curbs and gutters and other infrastructure resulting from Contractor' s exercise of this Franchise, the expenses of administering the program for the Solid Waste stream, reporting requirements under the Act and other related expenses.

1. 27" Food Waste" means food scraps and trimmings from food preparation, including but not limited to: meat, fish and dairy waste, fruit and vegetable waste, grain waste, incidental food packaging and food soiled paper products. Food Waste is synonymous

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City of San Bernardino Exclusive Franchise Agreementfor Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. with "garbage" as that term is defined by Section 17225.30 of Title 14, California Code of Regulations.

1. 28" Gross Receipts" means all monies, fees, charges, consideration received or imputedto Contractorand anyAffiliateof Contractor, in connectionwith, arisingfrom, or in any way attributableto the servicesset forth in this Agreement, includingservices carriedout by any permissiblesubcontractorhereunder. GrossReceiptsinclude, without limitation, any franchisefee imposedand collected pursuantto this Agreement. For purposes of calculating Monthly Franchise Fee Payments, Gross Receipts does not include revenue from the sale of Recyclable Materials.

1. 29 " Green Waste" means leaves, grass clippings, brush, branches and other forms of organic materials generated from maintenance or alteration of landscapes or gardens including, but not limitedto, yard clippings, leaves, tree trimmings, prunings, brushand weeds and incidental pieces of scrap lumber, separated from the Solid Waste Stream.

Green Waste" includes holiday trees ( except such trees which are frosted, flocked or which contain tinsel or metal), but does not include stumps or branches exceeding four inches ( 4") in diameter or four feet ( 4') in length, or palm fronds, or yucca, which are not suitable for composting. " Green Waste" is not a "Recyclable Material" but may be a form of Solid Waste if discarded into the waste stream.

1.30" Hazardous Waste" means any waste materials or mixture of wastes defined as a hazardous substance" or " hazardous waste" pursuant to the Resource Conservation and Recovery Act (" RCRA"), 42 U. S. C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act (" CERCLA"), 42 U. S. C. §§ 9601 et seq., the Carpenter-Presley-Tanner Hazardous Substance Account Act HSAA"), codified at California Health & Safety Code §§ 25300 et seq.; the Electronic WasteRecyclingAct of 2003 (SB 20, Sher, Chapter526, Statutesof 2003; SB 50, Sher, Chapter 863, Statutes of 2004; AB 575, Wolke, Chapter 59, Statutes of 2011), laws governing Universal Waste, including, but not limited to, Universal Waste Electronics Devices (" UWED"), 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 all future amendments to any of them, or as defined by CalRecycleor the Departmentof Toxic SubstancesControl, or by their respective successor agencies. 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.

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City of San Bernardino Exclusive FranchiseAgreementfor IntegratedSolid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.

1. 31" Household Hazardous Waste" means dry cell household batteries, cell phones and PDAs; used motor oil; used oil filters when contained in a sealed plastic bag; cookingoil; compactfluorescentlight bulbscontainedin a sealedplasticbag; E-Waste; cleaning products, pesticides, herbicides, insecticides, painting supplies, automotive products, solvents, stripes, and adhesives, auto batteries; and Universal Waste generated at a SFD or MFD Service Unit.

1. 32 " Material Recovery Facility" means any facility, selected by the Contractor as listed in Exhibit 3, designed, operated, and legally permitted for the purpose of receiving, sorting, processing, storing, or preparingRecyclableMaterialsfor sale.

1. 33 " Multi- Family Dwelling Service Unit" or " MFD Service Unit" means a multi- family dwelling unit such as mobile home parks, apartments, condominiums and town homes, which utilize Carts, Bins or Roll- offs for the accumulation and collection of Solid Waste, Recyclable Material, and Organic Waste.

1.34" Organic Waste" means Green Waste and Food Waste. Organic Waste is a form of Solid Waste when discarded into the waste stream. The following list may be modified, by the mutual agreement of City and Contractor memorialized in writing executed by both Parties. As of the date of execution of this Agreement, Organic Waste includes, but is not limited to the following:

1.34. 1 Plant material ( branches, grass clippings, natural Christmas trees, palm fronds, leaves, shrubbery, tree trimmings, weeds);

1. 34. 2 Wood ( non- toxic wood products without paint and foreign objects of appropriate size for the container); and,

1. 34. 3 Food Waste ( cooked and uncooked food matter, incidental food packaging and food soiled paper products for commercial customers).

1. 35" Organic Waste Processing Facility" means any facility selected by the Contractor as listed in Exhibit 3 that is designed, operated and legally permitted for the purpose of receiving and processing Organic Waste.

1.36" Parties" means the City and the Contractor.

1. 37" Residence" or " Residential" means any and all dwelling units, as defined in the Land Use Zoning Ordinance" of the City of San Bernardino, and other buildings used for residential or dwelling purposes.

1. 38" Recyclable Materials" is a part of the waste stream that can be reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of AB 939. The following list may be modified, by the mutual agreement of City and Contractor memorialized in writing executed by both

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City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.

Parties. As of the date of execution of this Agreement, Recyclable Materials includes, but is not limited to the following:

1. 38. 1 Plastics ( all numbered plastics);

1.38.2 Metals ( aluminum cans, aluminum foil, empty aerosol cans, pie tins, tin cans);

1.38. 3 Fiber materials ( cardboard, cereal boxes, envelopes, file folders, frozen food boxes, junk mail, magazines, mixed paper, office paper, newspaper, telephone books, white paper); and,

1.38. 4 Glass ( all colors of glass jars and bottles, except light bulbs, mirror and window glass).

1. 39 " Roll- off' means those 10 to 40 cubic yard containers that are normally loaded onto a motor vehicle and transported to an appropriate facility.

1.40 " SB 20" means the Electronic Waste Recycling Act of 2003.

1. 41" Scavenging" means the unauthorized removal of Recyclable Materials from designated containers and/ or place of collection. Scavenging is prohibited by Public Resources Code § 41950.

1. 42" Service Commencement Date" means April 1, 2016, the date upon which Contractor becomes solely responsible for providing Integrated Solid Waste Collection, Processing and Disposal Services to City and within City's boundaries.

1.43" Service Recipient" means SFD Service Unit, MFD Service Unit, City Service Unit, or Commercial Service Unit receiving service by the Contractor as specified by the Agreement.

1.44" Service Unit" means SFD Service Units, MFD Service Units, City Service Units, and Commercial Service Units.

1.45" Single- Family Dwelling Service Unit" or " SFD Service Unit" generally means a detached dwelling, or each dwelling unit of a duplex, triplex, or quadplex, a townhouse, a condominium unit or a mobile home which utilizes Carts, or a Bin or Roll- off for the accumulation and collection of Solid Waste, Recyclable Material, and Organic Waste.

1. 46" Solid Waste" means and includes any materials defined as " solid waste" by Section 40191 of the California Public Resources Code, and specifically includes, without limitation, Construction and Demolition Materials, Recyclable Materials, Organic Waste, Bulky Waste, and all other non-hazardous materials, excluding Universal Waste, that are discarded into the waste stream by the generator, or collected in exchange for a fee or any other consideration, regardless of form or amount.

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Mayor and City CouncilJuly 19, 2023

Mayor and City Council
July 19, 2023