AGREEMENT 1
FOR THE PROVISION OF 2
3 GARBAGE, RECYCLABLE MATERIALS AND 4
ORGANIC WASTE COLLECTION SERVICES 5
6 Executed Between the 7
City of Santa Clarita and Burrtec Waste Industries Inc. 8 9 This 1st day of July 2023 10
11 12
13 FINAL AGREEMENT Page 2 of 183
TABLE OF CONTENTS 14
Collection Services Agreement 15
16 Article 1. Definitions ................................................................................................................... 6 17 Article 2. Term of Agreement .................................................................................................. 18 18 Article 3. Conditions Governing Services Provided by Contractor .......................................... 18 19 Article 4. Franchise Fees and Payments ................................................................................. 20 20 Article 5. General Requirements ............................................................................................. 22 21 Article 6. Collection Service Rates .......................................................................................... 28 22 Article 7. Collection Service Billing .......................................................................................... 32 23 Article 8. Diversion Requirements ........................................................................................... 33 24 Article 9. Service Unit Types ................................................................................................... 36 25 Article 10. Residential Service ................................................................................................. 36 26 Article 11. MFD Service ........................................................................................................... 43 27 Article 12. Commercial Service ............................................................................................... 50 28 Article 13. Mixed Use Dwelling Service (MXD) ....................................................................... 57 29 Article 14. City Services .......................................................................................................... 57 30 Article 15. Additional Services ................................................................................................. 59 31 Article 16. Collection Routes ................................................................................................... 60 32 Article 17. Minimum Performance and Diversion Standards ................................................... 60 33 Article 18. Collection Equipment ............................................................................................. 63 34 Article 19. Contractor’s Office .................................................................................................. 66 35 Article 20. Contractor Support Services .................................................................................. 67 36 Article 21. Emergency Service ................................................................................................ 72 37 Article 22. Record Keeping and Reporting Requirements ....................................................... 72 38 FINAL AGREEMENT Page 3 of 183
Article 23. Nondiscrimination ................................................................................................... 77 39 Article 24. Service Inquiries and Complaints ........................................................................... 77 40 Article 25. Quality of Performance of Contractor ..................................................................... 78 41 Article 26. Performance Bond ................................................................................................. 80 42 Article 27. Insurance ................................................................................................................ 80 43 Article 28. Hold Harmless and Indemnification ........................................................................ 83 44 Article 29. Default of Agreement ............................................................................................. 85 45 Article 30. Modifications to the Agreement .............................................................................. 88 46 Article 31. Legal Representation ............................................................................................. 89 47 Article 32. Conflict of Interest .................................................................................................. 89 48 Article 33. Contractor's Personnel ........................................................................................... 89 49 Article 34. Exempt Waste ........................................................................................................ 91 50 Article 35. Independent Contractor .......................................................................................... 91 51 Article 36. Laws to Govern ...................................................................................................... 92 52 Article 37. Consent to Jurisdiction ........................................................................................... 92 53 Article 38. Assignment ............................................................................................................. 92 54 Article 39. Compliance with Laws ............................................................................................ 92 55 Article 40. Permits and Licenses ............................................................................................. 93 56 Article 41. Ownership of Written Materials .............................................................................. 93 57 Article 42. Waiver .................................................................................................................... 93 58 Article 43. Prohibition Against Gifts ......................................................................................... 93 59 Article 44. Point of Contact ...................................................................................................... 93 60 Article 45. Notices ................................................................................................................... 94 61 FINAL AGREEMENT Page 4 of 183
Article 46. Transition to Next Contractor ................................................................................. 94 62 Article 47. Contractor’s Records .............................................................................................. 95 63 Article 48. Entire Agreement ................................................................................................... 96 64 Article 49. Severability ............................................................................................................. 96 65 Article 50. Right to Require Performance ................................................................................ 96 66 Article 51. All Prior Agreements Superseded .......................................................................... 96 67 Article 52. Headings ................................................................................................................ 96 68 Article 53. Exhibits ................................................................................................................... 96 69 Article 54. Attorney’s Fees ...................................................................................................... 97 70 Article 55. Effective Date ......................................................................................................... 97 71 Exhibit 1 City Approved Service Rates .................................................................................. 99 72 Exhibit 2 City Sponsored Events .......................................................................................... 103 73 Exhibit 3 List of City Properties and Current Service Levels ................................................ 104 74 Exhibit 4 Collection Container Specifications ....................................................................... 107 75 Exhibit 5 Transition Plan ...................................................................................................... 110 76 Exhibit 6 Administrative Charges and Penalties .................................................................. 119 77 Exhibit 7 Customer Service Plan .......................................................................................... 121 78 Exhibit 8 Collection Service Operations Plan ....................................................................... 126 79 Exhibit 9 City-Approved Processing and Disposal Facilities ................................................ 157 80 Exhibit 10 Sustainability and Compliance Plan .................................................................... 158 81 Exhibit 11 Outreach and Education Plan ............................................................................. 176 82 Exhibit 12 Acceptable Recyclable Materials ........................................................................ 183 83 84 FINAL AGREEMENT Page 5 of 183
Contractor shall commence performance of its Collection Service obligations under this agreement 85 on July 1, 2023 (“Commencement Date”), Agreement is between the City of Santa Clarita, a general law 86 city of the State of California, referred to as "City" and Burrtec Waste Industries Inc corporation referred to 87 as "Contractor". 88
The Legislature of the State of California, by enactment of the California Integrated Waste 89 Management Act of 1989 (the “Act”) and subsequent additions and amendments (codified at California 90 Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and 91 require local agencies to make adequate provisions for garbage collection within their jurisdiction. 92 The State of California has found and declared that the amount of garbage generated in California, 93 coupled with diminishing landfill space and potential adverse environmental impacts from landfilling and the 94 need to conserve natural resources, have created an urgent need for State and local agencies to enact and 95 implement an aggressive integrated waste management program. The State has, through enactment of the 96 Act, directed the responsible State agency, and all local agencies, to promote disposal site diversion and 97 to maximize the use of feasible garbage reduction, re-use, recycling, and composting options in order to 98 reduce the amount of garbage that must be disposed of in disposal sites. 99 Pursuant to its Municipal Code and California Public Resources Code Section 40059(a) as may be 100 amended from time to time, City has determined that the public health, safety, and well-being require that 101 an exclusive right be awarded to a qual ified contractor to provide for t he collection of garbage, recyclable 102 materials, and organic waste materials, except for collection of materials excluded in City’s Municipal Code, 103 and other services related to meeting the Act’s 50 percent diversion goal and other requirements of the Act. 104 City further declares its intent to regulate and se t the maximum rates Contractor may charge Service 105 Recipients for the collection, transportation, processing, recycling, composting, and/or disposal of garbage, 106 recyclable materials, and organic waste materials. 107
The City Council has determined that Contract or, by demonstrated exper ience, reputation and 108 capacity, is qualified to provide for the collecti on of garbage, recyclable materials, and organic waste 109 materials within the corporate limits of City, the tran sportation of such material to appropriate places for 110 processing, recycling, composting and/or disposal; and City Council desires that Contractor be engaged to 111 perform such services on the basis set forth in this Agreement; and, 112 Contractor has represented that it has the ability and capacity to pr ovide for the collection of garbage, 113 recyclable materials, and organic waste materials within the corporate limits of Ci ty; the transportation of 114 such material to appropriate places for processing, recycling, composting and/or disposal; and the 115 processing of materials. 116
The Parties agree that solid waste Collection Services shall be provided pursuant to this Agreement 117 as of 12:00 a.m. July 1, 2023 (“Effective Date”) at which time this Agreement shall be controlling. 118 Now, therefore, in consideration of the mutual covenants, agreements and consideration contained 119 in this Agreement, City and Contractor agree as follows: 120 121
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Article 1. Definitions 122
For the purpose of this Collection Services Agreement, referred to as "Agreement", the definitions contained 123 in this Article apply unless otherwise specifically stated. When not inconsistent with the context, words used 124 in the present tense include the future, words in the plural include the singular, and words in the singular 125 include the plural. Use of the masculine gender inclu des the feminine gender. The meaning of terms or 126 words not defined in this Article will be as commonly understood in the solid waste collection services 127 industry when the common understanding is uncertain. 128
1.01 AB 341. “AB 341” means State of Californi a Assembly Bill No. 341 approved October 5, 129 2011. AB 341 requires businesses, defined to include commercial or public entities that generate more than 130 4 cubic yards of commercial solid waste per week or mult ifamily residential dwellings of 5 units or more, to 131 arrange for recycling services and requires jurisdicti ons to implement a commercial solid waste recycling 132 program. 133
1.02 AB 827. “AB 827” means State of Californi a Assembly Bill No. 827 approved October 02, 134 2019. AB 827 requires businesses that are mandated to recycle under AB 341 (“MCR”) and/or mandated to 135 recycle organics under AB 1826 (“MOR”) or SB 1383 and that provide customers access to the business, to 136 provide customers with a recycling bin and/or organics collection bin for those waste streams that is visible, 137 easily accessible, and adjacent to each bin or container for trash. 138
1.03 AB 939. “AB 939” or “The Act” means “T he California Integrated Waste Management Act 139 of 1989” codified in part in Public Resources C ode §§ 40000 et seq, and such regulations adopted by. 140 California Department of Resources Recycling and Recovery (CalRecycle) for implementation of the Act, or 141 its successor agency, including but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 142 (Chapter 343, Statues of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling 143 Resources Code § 40000 and following as it may be am ended and as implemented by the regulations of 144 CalRecycle. 145
1.04 AB 1594. “AB 1594” means State of Ca lifornia Assembly Bill No. 1594 approved 146 September 28, 2014. AB 1594 provides that as of January 1, 2020, the use of green material as Alternative 147 Daily Cover does not constitute diversion through recycling and would be considered disposal. 148
1.05 AB 1669. “AB 1669” means State of Ca lifornia Assembly Bill No. 1669 approved 149 September 30, 2016 which amends California Labor Code Sections 1070 through 1076 with respect to the 150 hiring of displaced employees under service contracts for the collection and transportation of solid waste. 151
1.06 AB 1826. “AB 1826” means State of Ca lifornia Assembly Bill No. 1826 approved 152 September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an 153 organic waste recycling program to divert from the landfill organic waste from businesses. Each business 154 meeting specific organic waste or solid waste generation thresholds phased in from April 1, 2016 to January 155 1, 2020, is required to arrange for organic waste recycling services. 156
1.07 AB 3036. “AB 3036” means State of Ca lifornia Assembly Bill No. 3036 approved 157 September 27, 2018. AB 3036 prohibits a County, City, District, or local government agency from subjecting 158 FINAL AGREEMENT Page 7 of 183
the hauling of certain byproducts fr om the processing of food or bev erages to an exclusive franchise, 159 contract, license, or permit. 160
1.08 Agreement. “Agreement” means the written agreement between the City and the 161 Contractor covering the work to be performed and a ll contract documents attached to the agreement and 162 made a part thereof. 163
1.09 Agreement Administrator. The City M anager, or his or her designee, designated to 164 administer and monitor the provisions of the Agreement. 165
1.10 Agreement Year. Agreement year means ea ch twelve (12) month period from July 1 st to 166 June 30th during the term of this Agreement. 167
1.11 Applicable Law. “Applicable Law” means a ll laws, regulations, rules, orders, judgments, 168 decrees, permits, approvals, or other requirement of any federal, state, county, city, and local governmental 169 agency having jurisdiction over the collection and disposition of Solid Waste, including Recyclable Materials, 170 Organic Waste, and Construction and Demolition Debris. 171
1.12 Best Management Practice. Best Management Practice means the schedule of activities, 172 prohibition of practices, maintenance procedures, and other management practices to prevent or reduce, to 173 the maximum extent that is technologically and econom ically feasible, the discharge of pollutants in the 174 storm drain system. 175
1.13 Bin. “Bin” means a metal or plastic waste container designed or intended to be 176 mechanically serviced by a commercial front-end loader vehicle. It shall be designed to hold from one (1) to 177 six (6) cubic yards of material with the lid properly cl osed. The specifications for Contractor-provided Bins 178 are set forth in Exhibit 4. 179
1.14 Biohazardous or Biomedical Waste. Any wa ste which may cause disease or reasonably 180 be suspected of harboring pathogenic organisms; included are waste resulting from the operation of medical 181 clinics, hospitals, and other facilities processing wastes which may consist of, but are not limited to, human 182 and animal parts, contaminated bandages, pathologica l specimens, hypodermic needles, sharps, 183 contaminated clothing and surgical gloves. 184
1.15 Brown Goods. Electronic equipment such as stereos, televisions, computers, VCR’s and 185 other similar items collected from SFD Service Units. 186
1.16 Bulky Waste. “Bulky Waste” or “Large Items” has the same meaning as defined in Section 187
15.44.010 of the Municipal Code. “Bulky Waste” means Solid Waste consisting of discarded white goods, 188 furniture, tires, carpets, mattresses, and similar large items which do not fit in a regular Collection Container 189 and require special handling due to their size but can be collected and transported without the assistance of 190 special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. It does not 191 include abandoned automobiles and other vehicles, nor does it include items defined as Exempt Waste. 192 FINAL AGREEMENT Page 8 of 183
1.17 Business Day. Any Monday through Friday, excluding any holidays as defined in Section 193
5.03. 194
1.18 Calendar Year. Each twelve (12) month period from January 1 to December 31. 195
1.19 Cart. “Cart” means a heavy plastic receptacle with a rated capacity of at least twenty (20) 196 and not more than one hundred (100) gallons, having a hinged tight-fitting lid and wheels, that is provided 197 by the Exclusive Franchise Solid Waste Contractor, approved by the City, and used by Service Recipients 198 for collection, accumulation, and removal of solid waste from commercial, industrial, or residential premises 199 in connection with Exclusive Franchise Collection Services. The specifications for Contractor-provided Carts 200 are set forth in Exhibit 4. 201
1.20 CERCLA. The Comprehensive Environment al Response, Compensation and Liability Act 202 of 1980, 42 U.S.C. Sections 9601 and following, as may be amended and regulations promulgated 203 thereunder. 204
1.21 Change in Law. means the occurrence of any of the following events after the Effective 205 Date, when such event has a material and adverse effe ct on the Parties’ performance of their respective 206 obligations under this Agreement (except for any payment obligations): (i) the enactment, adoption, 207 promulgation, amendment, repeal, judicial interpretation, or formal administrative interpretation of any 208 Applicable Law; (ii) the issuance of any order or judgment of any federal, state, or local court or agency in a 209 proceeding to which a Party is a party, but not to the extent such order or judgment finds the Party asserting 210 there to have been a Change in Law to have been negligent or otherwise at fault; or (iii) the denial, 211 suspension, or termination of any government permit or other entitlement, but not to the extent such denial, 212 suspension, or termination is the result of any act or omission of the Party asserting there to have been a 213 Change in Law. 214
1.22 City. The City of Santa Cl arita, California, including any unincorporated areas of the County 215 that may be annexed by the City during the Initial Term and all extensions. 216
1.23 City Collection Service. City Garbage Co llection Service, City Organic Waste Collection 217 Service, City Recycling Service, City Clean-up Services, City-Sponsored Events Services, and Large Item 218 Collection Services. 219
A. City Clean-up Services. On-call Ci ty requested Collection from Agreement 220 Administrator to support City services and operations. 221 B. City Garbage Collection Service. The Co llection of Garbage, by Contractor, from 222 City Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility. 223 C. City Large Item Collection Service. The periodic on-call Collection of Large Items, 224 by Contractor, from City Service Units in the Service Area and the delivery of those Large Items to a Disposal 225 Facility, Materials Recovery Facility or such other facility as may be appropriate under the terms of this 226 Agreement. 227
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D. City Organic Waste Collection Service. The Collection of Organic Waste, by 228 Contractor, from City Service Units in the Service Area, the delivery of those Organic Waste materials to an 229 Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials, and 230 the disposal of all City Organic Waste Processing Residue. 231 E. City Recycling Service. The Collection of Recyclables Materials by the Contractor 232 from City Service Units in the Se rvice Area, the delivery of those Re cyclable Materials to a Materials 233 Recovery Facility and the processing and marketing of those Recyclable Materials, and the disposal of all 234 City Recyclables Materials Processing Residue. 235
F. City Sponsored Event Services. On-ca ll Collection Services at City-Sponsored 236 Events. 237
1.24 City Facility. City Facility( ies) means any building or other si te that the City owns, leases, 238 or occupies that are listed in Exhibit 3. 239
1.25 City Manager. City Manager means the City M anager of the City of Santa Clarita, or his or 240 her designated representative, or any employee of the City who succeeds to the duties and responsibilities 241 of the City Manager. 242
1.26 Collect and Collection and Collected. The re moval of Solid Waste from a Service Unit and 243 transportation to a Disposal Facility, Organic Waste Processing Facility, Materials Recycling (or Recovery) 244 Facility, or Transfer Station as appropriate. 245
1.27 Collection Container. A Bin, Cart, or Ro ll-Off Container that is approved by the Agreement 246 Administrator for use by Service Recipients for Collection Services under this Agreement. 247
1.28 Collection Services. Contractor’s obligations under this Agreement to Collect Solid Waste 248 within the Service Area. Collection Service includes Residential Collection Service, Commercial Collection 249 Service, and City Collection Service. 250
1.29 Collection Vehicle. A licensed vehicle that has all required licenses to provide Collection 251 Service and that has been approved by the Agreement Administrator for use under this Agreement. 252
1.30 Commencement Date. Has the meaning specified in Section 2.01 of this Agreement. 253
1.31 Commercial Collection Service. Collection Service provided to Commercial Service Units. 254 Commercial Collection Service includes Commercial Garbage Collection Serv ice, Commercial Organic 255 Waste Collection Service, and Commer cial Recycling Collection Servic e. Commercial Collection Service 256 specifically includes the following: 257
A. Commercial Garbage Collection Service. The Collection of Garbage by Contractor, 258 from Commercial Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility. 259 B. Commercial Organic Waste Collection Se rvice. The Collection of Organic Waste, 260 by Contractor, from Commercial Service Units in t he Service Area, the deliver y of those Organic Waste 261 FINAL AGREEMENT Page 10 of 183
materials to an Organic Waste Processing Facility and the processing and marketing of those Organic 262 Waste materials, and the disposal of all Commercial Organic Waste Processing Residue. 263 C. Commercial Recycling Collection Service. The Collection of Recyclable Materials, 264 by Contractor, from Commercial Service Units in the Service Area, the deliv ery of those Recyclable 265 Materials to a Materials Recovery Facility and the processing and marketing of those Recyclable Materials, 266 and the disposal of all Commercial Recyclable Materials Processing Residue. 267
1.32 Compactor. Any Collection Container which has a compaction mechanism, whether 268 stationary or mobile. 269
1.33 Compost. “Compost” means the act or prod uct of the controlled biological decomposition 270 of Organic Wastes that are Source Separated or are separated at a centralized facility. Compost may also 271 include the product of anaerobic digestion or other conversion technologies. 272
1.34 Construction and Demolition Debris. “Construct ion and Demolition Debris” or “C & D” refers 273 to by Section 15.44.010 of the Municipal Code. “Con struction and Demolition Debris means discarded 274 materials removed from premises, resulting from construction, renovation, remodeling, repair, 275 deconstruction, or demolition opera tions on any pavement, house, commercia l building, or other structure 276 or from landscaping. Such materials include but are not limited to “inert wastes” as defined in Public 277 Resources Code Section 41821.3(a)(1) (rock, concrete, brick, sand, soil, cera mics and cured asphalt), 278 gravel, plaster, gypsum wallboard, aluminum, glass, plastic pipe, roofing material, carpeting, wood, masonry, 279 trees, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building 280 materials, packaging and rubble resulting from construc tion, remodeling, renovation, repair and demolition 281 operations on pavements, houses, commercial buildings, and other structures. 282
1.35 Consumer Price Index (CPI-U). The index se ts published by the Unites States Department 283 of Labor, Bureau of Labor Statistics. Consumer Pric e Index series CUURS49ASA0 All Urban Consumers 284 (CPI-U), Los Angeles-Long Beach-Anaheim, not seasonally adjusted. 285
1.36 Contaminant. Any material or substance placed into or found in a Collection Container 286 other than the type of Source Separated material for which that Collection Container is intended or reserved. 287 For example, anything that is not Recyclable Materi als is a Contaminant if placed into or found in a 288 Recyclable Materials Collection Container. Similarly, anything that is not Organic Waste is a Contaminant if 289 placed into or found in an Organic Waste Collection Container. 290
1.37 Contractor. Burrtec Waste Industries Inc, which has entered into this Agreement. 291
1.38 County. Los Angeles County, California. 292
1.39 Dispose or Disposal. “Disposal” or “Dispose ” means the final disposition of Solid Waste at 293 a permitted Landfill or other permitted Solid Waste disposal facility, as defined in California Public Resources 294 Code 40192(b). 295
1.40 Disposal Facility. “Disposa l Facility” means the place or places listed in Exhibit 9 as 296 City-approved locations for the Disposal of Garbage or other materials as appropriate and acceptable. 297 FINAL AGREEMENT Page 11 of 183
1.41 Diversion or Divert. The programs and activi ties that reduce or eliminate the Disposal of 298 Solid Waste in landfills, which can include source reduction, reuse, salvage, Recycling, and Composting. 299
1.42 Dwelling Unit. A building or part of a building designed for residential use by a single 300 independent housekeeping uni t and having separate exterior access , toilet, and facilities for cooking and 301 sleeping. 302
1.43 Edible Food. “Edible Food” has the same meaning as found in Section 15.44.010 of the 303 Municipal Code. Edible Food means food intended for human consumption. For purposes of this Agreement, 304 Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or 305 authorizes the recovery of food that does not meet the food safety requirements of the California Retail Food 306 Code. 307
1.44 Edible Food Recovery. “Edible Food Recovery ” means the actions to collect and distribute 308 Edible Food and distributing it to local food recovery organizations from places where it would otherwise go 309 to waste such as, but not limited to, restaurants, grocery stores, produce markets, school cafeterias, or dining 310 facilities. 311
1.45 Effective Date. “Effective Date of Agre ement” shall mean the date on which the Agreement 312 is signed and delivered by the last of the parties to sign and deliver. 313
1.46 Exempt Waste. Biohazardous or Biom edical Waste, Hazardous Waste, Sludge, 314 automobiles, automobile parts, boats, boat parts, boat tr ailers, internal combustion engines, lead-acid 315 batteries, dead animals, and those wastes under the control of the Nuclear Regulatory Commission. 316
1.47 Food Waste. “Food Waste” has the same m eaning as set forth in Section 15.44.010 of the 317 Municipal Code. “Food Waste” means (1) food scraps including all edible or inedible food such as, but not 318 limited to, fruits, vegetables, meat, poultry, seafood, s hellfish, bones, rice, beans, pasta, bread, cheese, 319 coffee grounds, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source 320 Separated from other Food Scraps; and (2) food-soiled paper, which is compostable paper material that has 321 come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, 322 napkins, and pizza boxes. 323
1.48 Franchised Diversion. Franchised Diversion m eans the rate of diversion that Contractor is 324 responsible to achieve as defined and calculated Section 8.01.3 of this Agreement. 325
1.49 Franchise Fee. The fee stated in Section 4.03.1 of this Agreement that Contractor has 326 voluntarily agreed to pay in consideration of the exclusive rights granted by the City under this Agreement. 327
1.50 Garbage. “Garbage” has the same meaning as set forth in Section 15.44.010 of the 328 Municipal Code. All putrescible and non-putrescible solid, semi-solid and associated liquid waste generated 329 or accumulated through the normal activities of a premises. Garbage does not include Recyclable Materials, 330 Organic Waste, or Large Items, that is source-separated and set out for purposes of collection and recycling. 331 FINAL AGREEMENT Page 12 of 183
1.51 Green Waste. “Green Waste” has the same meaning as set forth in Section 15.44.010 of 332 the Municipal Code. “Green Waste” means grass clippings, leaves, landscape and prunings waste, wood 333 materials from trees and shrubs, and other forms of organic materials generated from landscapes or 334 gardens. 335
1.52 Gross Revenue. All monetary amounts actua lly collected or received by Contractor for the 336 provision of Franchise Services pursuant to this Ag reement, including but not necessarily limited to: all 337 receipts from Service Recipients, inclusive of late c harges, contamination charges, Franchise Fees or any 338 other cost of doing business. “Gross Revenue”, for purposes of this Agreement, does not include any 339 revenues generated from the sale of Recyclable Material, Compost or energy, grants, cash awards, State of 340 California Department of Conservation payments, or rebates resulting from the performance of this 341 Agreement. 342
1.53 Hazardous Waste. “Hazardous Waste” has the same meaning as set forth in Section 343
15.44.010 of the Municipal Code. Hazardous Waste shall have the meaning set forth in California Code of 344 Regulations, Title 14 §17225.32 and Health and Safety Code §25117, or successor laws and regulations as 345 may be amended from time to time. 346
1.54 Holiday. “Holiday” means New Year’s Day, Memorial Day, Independence Day, Labor Day, 347 Thanksgiving Day, Christmas Day, and any other day recognized by resolution of the City Council or 348 designated by Contractor as a day on which waste Collection Service will not be provided until the following 349 day, excluding Sunday. 350
1.55 Home Compost Bin. A portable durable container purchased by the Contractor, and 351 distributed to SFD or MFD/MXD Service Recipien ts as requested, and st ored and distributed by the 352 Contractor to SFD or MFD/MXD Service Recipients for use by those Service Recipients to compost Organic 353 Waste at their premises. 354
1.56 Household Hazardous Waste. “Household Hazardous Waste” means that waste resulting 355 from products purchased by the general public fo r household use which, because of its quantity, 356 concentration or physical, chemical or infectious characteristics, may pose a substantial known or potential 357 hazard to human health or the environment when improper ly treated, disposed or otherwise managed, or, 358 in combination with other Solid Waste, may be infectious, explosive, poisonous, caustic, toxic, or exhibit any 359 of the characteristics of ignitability, corrosivity, reactivity, or toxicity as per California Code of Regulations 360 Title 22, Division 4.5, Chapter 11, Section 66261.3. 361
1.57 Kitchen Food Waste Pail. A plastic receptac le with a rated capacity not exceeding two and 362 one-half (2.5) gallons, having a hinged lid, suitable for use in a SFD Service Unit for temporary storage of 363 SFD Organic Waste that is approved for such purpose by City. 364
1.58 Limited Franchise Agreement. Formerly “Non -exclusive Franchise Agreement”, a separate 365 agreement with the City which permits a contractor on a non-exclusive basis to provide for service to Collect 366 Solid Waste, Organic Waste, Construction and Demolit ion Debris, and/or Recyclable Materials on a 367 temporary basis. 368
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1.59 Manure. Stable bedding and other waste ma tter normally accumulated and associated with 369 stables or in livestock. 370
1.60 Manure Collection Services. The periodic Co llection of Manure by Contractor from Service 371 Units in the Service Area, the delivery of the Manure to a properly permitted facility that accepts Manure, the 372 processing and marketing of Manure. 373
1.61 Materials Recovery Facility. Materials Reco very Facility (MRF) mean s a facility listed in 374 Exhibit 9 to which commingled Solid Waste, Organi c Waste and Recyclable Materials are brought for 375 separation into marketable Recyclable Materials. 376
1.62 Maximum Service Rate. The maximum amount that Contractor may charge Service 377 Recipients for Collection Services, as listed in Exhi bit 1, and as may be adjusted in accordance with the 378 provisions of this Agreement. 379
1.63 Mixed Waste Processing Fa cility. Means a State-permitted commercial Solid Waste facility 380 listed in Exhibit 9 which accepts and processes Unicyc ling for diversion from landfill disposal. The City 381 reserves its Flow Control Rights over the Mixed Waste Processing Facility. 382
1.64 Multi-Family Dwelling (M FD) Collection Service. MFD So lid Waste Collection Service 383 serves a Multi-Family Dwelling, and specifically includes the following, MFD Garbage Collection Service, 384 MFD Large Item Collection Service, MFD Organic Waste Collection Service, and MFD Recycling Service: 385 A. MFD Garbage Collection Service. The Co llection of Garbage, by Contractor, from 386 MFD Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility. 387 B. MFD Large Item Collection Service. The periodic on-call Collection of Large Items, 388 by Contractor, from MFD Service Units in the Serv ice Area and the delivery of those Large Items to a 389 Disposal Facility, Materials Recovery Facility or such other facility as may be appropriate under the terms of 390 this Agreement. MFD Large Item Collection Service ma y include the Collection of Large Items using Roll-391 Off Containers. 392
C. MFD Organic Waste Collection Service. The Collection of Organic Waste, by 393 Contractor, from MFD Service Units in the Service Ar ea, the delivery of those Organic Waste materials to 394 an Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials, 395 and the disposal of all MFD Organic Waste Processing Residue. 396 D. MFD Recycling Service. The Collection of Recyclables Materials by the Contractor 397 from MFD Service Units in the Service Area, the deliv ery of those Recyclable Materials to a Materials 398 Recovery Facility and the processing and marketing of those Recyclable Materials, and the disposal of all 399 MFD Recyclables Materials Processing Residue. 400
1.65 Municipal Code. Code means the Ci ty of Santa Clarita Municipal Code. 401
1.66 Non-Collection Notice. A written notice appr oved by the Agreement Administrator that 402 notifies a Service Recipient of the reason Contractor did not Collect Solid Waste set out for Collection. 403 FINAL AGREEMENT Page 14 of 183
1.67 Organic Waste. “Organic Waste” has the sa me meaning as set forth in Section 15.44.010 404 of the Municipal Code and means Food Waste, Gr een Waste, Wood Waste, and food-soiled paper waste 405 that is mixed in with Food Waste. 406
1.68 Organic Waste Collection Service. The Collection of Organic Waste from Service Units and 407 processing at an Organic Waste Processing Facility, and the disposal of all Organic Waste Processing 408 Residue. 409
1.69 Organic Waste Processing Facility. “Organic Waste Processing Facility” means any facility 410 designed, operated and legally permitted for the purp ose of receiving and processing Food Waste, Green 411 Waste, and Organic Waste listed in Exhibit 9. The City shall designate the Organic Waste Processing Facility 412 for the Contractor to deliver Collected Organic Waste material under this Agreement. 413
1.70 Overage. Overage means Solid Waste set out for Collection either on top of or outside of 414 a Container or in any manner that prevents the Container lid from comple tely closing or potentially cause 415 Solid Waste to spill during Collection by Contractor’s vehicles. 416
1.71 Premises. “Premises” means any land or bu ilding in the City where waste is generated or 417 accumulated. 418
1.72 Prohibited Container Cont aminants. “Prohibited Container Contaminants” means any of 419 the following but does not include Organic Waste specific ally allowed for Collection in a Container that is 420 required to be transported to a high diversion organic wast e processing facility if the waste is specifically 421 identified as acceptable for Collection in that Container in a manner t hat complies with the requirements of 422 14 CCR Section 18984.1, 18984.2, or 18984.3. (A) Non-Organic Waste placed in a Collection Container 423 designated for Organic Waste provided pursuant to 14 CCR Section 18984.1 or 18984.2; (B) Organic 424 Wastes that are, carpet, hazar dous wood waste, or non-compost able paper placed in the Collection 425 Container that is part of an Organic Waste Collection Service provided pursuant to 14 CCR Section 18984.1 426 or 18984.2; (C) Organic Wastes, placed in a Collection Container designated for Garbage, that pursuant to 427 14 CCR Section 18984.1 or 18984.2 were intended to be Collected separately in a Collection Container 428 designated for Organic Waste or Recyclable Materi als; (D) Organic Wastes placed in the Collection 429 Container designated for Recyclable Materials sh all be considered Prohibited Container Contaminants 430 when those wastes were specifically identified in this Agreement, or through local ordinance for Collection 431 in the Container designated for Organic Waste, or mu tually agreed to and promulgated by the City and 432 Contractor. Paper products, printing and writing paper, wood and dry lumber may be considered acceptable 433 and not considered Prohibited Container Contaminants if they are placed in Collection Container designated 434 for Recyclable Materials; and (E) Exempt Waste placed in any Collection Container. 435
1.73 Quarter. A three-month period during a calend ar year. The first Quarter is January through 436 March. The second Quarter is April through June. The th ird Quarter is July through September. The fourth 437 Quarter is October through December. 438
1.74 Rate Year. Rate Year means the period January 1 st to December 31st, for each year during 439 the Term of this Agreement. 440
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1.75 Recyclable Materials. “Recyclable Materials” has the same meaning as set forth in Section 441
15.44.010 of the Municipal Code and means those materi als that are separated from Solid Waste prior to 442 disposal to be recycled consistent with the requirements of the Act. Recyclable Materials that can be placed 443 in the Recycling Container include but are not limited to, glass and plastic bottles, aluminum, tin and steel 444 cans, metals, unsoiled paper products, printing and writing paper, and cardboard, and any other items as 445 determined by the Agreement Administrator. 446
1.76 Recycling. “Recycling” means the process of collecting, sorting, cleansing, treating and/or 447 marketing Recyclable Materials that would otherwise become Garbage, and returning them to the economic 448 mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality 449 standards necessary to be used in the marketplace. The collection, transportation or disposal of Solid Waste 450 not intended for, or capable of, reuse is not Recycling. “Recycling” does not include transformation as defined 451 in Public Resource Code Section 40201. 452
1.77 Residential Collection Service. “Residenti al Collection Service” means ongoing regularly 453 scheduled collection of Solid Waste by an Exclusive Franchise from Residential Service Units and MFD 454 Service Units and the delivery of that Solid Waste to a Disposal Facility, Recycling Facility, and/or Organics 455 Processing Facility. 456
1.78 Residential Premises. “Residential Premis es” means: (i) any building or structure, or 457 portion thereof, that is used for residential housing purposes and has four (4) or fewer distinct living units; 458 and (ii) any multiple unit residential complex which, wi th the prior written appr oval of the City Manager, 459 receives Solid Waste Collection services using standard residential Containers. 460
1.79 Residual or Residuals. “R esidual” or “Residuals” means Solid Waste that is not Diverted 461 from landfill Disposal after it has been delivered to an Organic Waste Processing Facility or a Recyclables 462 Processing Facility for processing for Diversion from landfill Disposal. Residual does not include Recyclable 463 Materials or Organic Material that is processed for Diversion but lacks an available market. 464
1.80 Roll-Off Container. A metal container with a capacity of ten (10) or more cubic yards that 465 is normally loaded onto a specialized Collection vehicle and transported to an appropriate facility. 466
1.81 Santa Clarita Valley. “Santa Clarita Valley” shall include the unincorporated areas of North 467 Los Angeles County. 468
1.82 SB 1383. “SB 1383” means State of Calif ornia Senate Bill 1383 Short-lived Climate 469 Pollutants: Organic Waste Reductions, approved September 19, 2016. 470
1.83 Self-Haul. Collection of Solid Waste by t he resident, owner, or occupant of the Premises 471 on which the Solid Waste was generated pursuant to a City-issued permit and in accordance with the 472 requirements of the Municipal Code. 473
1.84 Service Area. That area within the city limits of the City of Santa Clarita designated by City 474 as the Service Area. 475
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1.85 Service Recipient. An individual or entity receiving Collection Service. 476
1.86 Service Unit. “Service Unit” means a single subscriber to Contractor’s Collection Services. 477 SFD Service Units, MFD Service Units, MXD Service Units, City Service Units or Commercial Service Units. 478 Service Unit specifically includes the following: 479
A. City Service Unit. City Facility(ies) that utilize a Bin, Cart, or Roll-Off Container(s) 480 for the accumulation and set-out of Solid Waste. City Service Units are the properties set forth in Exhibit 3 481 and may be modified by written notice to Contractor by the City. 482 B. Commercial Service Unit. All retail, prof essional, wholesale and industrial facilities, 483 and other commercial enterprises offering goods or services to the public that utilize a Garbage Bin, 484 Cart, Compactor, Roll-Off Container for the accumulation and set-out of Commercial Solid Waste. 485 C. Multi-Family Dwelling and MFD Servic e Unit. “Multi-Family Dwelling” and “MFD” 486 shall mean any building or structure, including but not limited to Mobile Home Parks, or portion thereof, 487 used for residential purposes having five or greater distinct living units. 488 D. MXD (Mixed-use Development) Service Unit. A mix of Commercial Service Units 489 and five (5) or greater Dwelling Units in the Service Area utilizing any combination of Collection 490 Containers for the accumulation of and set out of Solid Waste. 491 E. SFD Service Unit. Any Single-Family Dw elling Unit in the Service Area utilizing a 492 Cart for the accumulation and set out of Solid Waste originating from SFD Residential Premises. 493
1.87 SFD Collection Service. SFD Garbage Colle ction Service, SFD Recycling Service, SFD 494 Organic Waste Collection Service, and SFD Large Item Collection Service. 495 A. SFD Garbage Collection Service. The Co llection of Garbage, by Contractor, from 496 SFD Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility. 497 B. SFD Large Item Collection Service. The periodic on-call Collection of Large Items, 498 by Contractor, from SFD Service Units in the Serv ice Area and the delivery of those Large Items to a 499 Disposal Facility, Materials Recovery Facility or other such facility as may be appropriate under the terms 500 of this Agreement. SFD Large Item Collection Service does not include the Collection of Large Items using 501 Roll-Off Containers. 502
C. SFD Organic Waste Collection Service. The Collection of Organic Waste, by 503 Contractor, for SFD Service Units in the Service Area, the delivery of those Organic Waste Materials to an 504 Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials, 505 and the disposal of all SFD Organic Waste Processing Residual. 506 D. SFD Recycling Service. The Collection of Recyclable Materials by the Contractor 507 from SFD Service Units in the Serv ice Area, the delivery of those Re cyclable Materials to a Materials 508 Recovery Facility and the processing and marketing of those Recyclable Materials. 509 FINAL AGREEMENT Page 17 of 183
1.88 Single-family Dwelling or SFD. “Single- family/duplex dwelling” or “SFD” means any 510 residential premises with fewer than five (5) units si ngle attached dwelling units, each designed for use by 511 one bona fide housekeeping group. 512
1.89 Sludge. The accumulated solids, residues, and precipitates generated as a result of waste 513 treatment or processing, including wastewater treatment, water supply treatment, or operation of an air 514 pollution control facility, and mixed liquids and solids pum ped from septic tanks, grea se traps, privies, or 515 similar disposal appurtenances or any other such waste having similar characteristics or effects. 516
1.90 Solid Waste. “Solid Waste” means all pu trescible and non-putrescible solid, semisolid, and 517 liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and 518 construction wastes, abandoned vehicles and parts t hereof, discarded home and industrial appliances, 519 dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, Manure, vegetable or 520 animal solid and semisolid wastes, and other discarded solid and semisolid wastes, as set forth in California 521 Public Resources Code Section 40191(a)(b), as amended from time to time. Solid Waste includes 522 Recyclable Materials but does not include (1) Hazar dous Waste; (2) radioactive waste regulated pursuant 523 to the Health and Safety Code Section 114960 et s eq.; and (3) medical waste regulated pursuant to the 524 Health and Safety Code Section 117600 et seq. 525
1.91 Source Separated. “Sou rce Separated” means materials that have been kept separate in 526 the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing in order 527 to return them to the economic mainstream in the fo rm of raw material for new, reused, or reconstituted 528 products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined 529 in 14 CCR Section 17402.5(b)(4). 530
1.92 SRRE (Source Reduction and Recycling Element). A formal planning document that 531 demonstrates how the City will comply with the Act’s diversion goals. 532
1.93 Term. “Term” means the time period or duration which the Agreement is in effect. 533
1.94 Transfer Station. “Transfer Station” means the place or places listed in Exhibit 9 as City-534 approved locations conveyance of Soli d Waste Collected by C ontractor into larger vehicles prior to 535 transportation of the Solid Waste to a Disposal Facility or Processing Facility. 536
1.95 Unicycling. A method of separating trash and recyclable materials in a single Collection 537 Container. Trash materials are collected in bags and deposited into the Collection Container and recyclable 538 materials are deposited into the Collection Container loose and unbagged. 539
1.96 Universal Waste or U-Wa ste. Electronic devices, dry-cell batteries, non-empty aerosol 540 cans, fluorescent lamps, and fluorescent bulbs, merc ury thermostats, and ot her mercury containing 541 equipment. 542
1.97 Waste. “Waste” means the useless, unused, unwanted or discarded material and debris 543 resulting from normal residential and commercial acti vity or materials which, by their presence, may 544 FINAL AGREEMENT Page 18 of 183
injuriously affect the health, safety, and comfort of perso ns or depreciate property values in the vicinity 545 thereof. 546
1.98 Waste Generator. “Waste generator” mean s any person, as defined by the most current 547 version of the Public Resources Code, whose act or process produces solid waste as defined in that same 548 code, or whose act first causes solid waste to become subject to regulation. 549
1.99 Waste Reporting System (WRS). The electr onic data recording and reporting system that 550 Contractor uses to provide data and reports that this Agreement requires Contractor to give to the City. 551
1.100 White goods. “White goods” means ename l-coated major appliances, such as washing 552 machines, clothes dryers, hot water heaters, stoves, and refrigerators. 553
1.101 Work Day. Any day, Monday through Saturday, t hat is not a Holiday as set forth in Section 554
5.03 of this Agreement. 555
1.102 Wood Waste. “Wood waste” means Solid Wast e consisting of stumps, large branches, tree 556 trunks, and wood pieces or particles that are gener ated from the manufacturing or production of wood 557 products, harvesting, processing or storage of raw wood materials, or construction and demolition activities. 558 Article 2. Term of Agreement 559
2.01 Initial Term. The initial term of this Ag reement will be for ten (10) year period beginning 560 July 1, 2023 and terminating on June 30, 2033. Contractor s hall commence performance of its Collection 561 Service obligations under this Agreement on July 1, 2023 (“Commencement Date”). 562
2.02 Extension of Term. Contractor may request up to two, five (5) year term extension to the 563 Initial Term, and at City’s sole option, City may gr ant Contractor’s request to extend the term. Under no 564 circumstances will City be obligated to extend the term. Contractor must request the first five (5) year 565 extension by June 30, 2031 in order to be eligible for the term extension, and June 30, 2036 in order to be 566 eligible for the second term extension. 567
2.03 Performance Review Prior to Five (5) Year Extension. A billing audit and performance 568 review shall be conducted two years prior to the end of the Initial Term (i.e., during 2031, and to be completed 569 by December 31, 2031) as described in Section 17.02. The cost of the review shall be paid as specified in 570 that Section. In order to be eligible for an Extens ion of the Term of the Ag reement under Section 2.02, 571 Contractor must meet billing and performance standards to the satisfaction of the City. In the event 572 Contractor fails to meet the minimum service and dive rsion requirements set forth in Section 8.01.1, this 573 Agreement will terminate on June 30, 2033 as set forth in Section 2.01 of this Agreement. 574 Article 3. Conditions Governing Services Provided by Contractor 575
3.01 Grant of Exclusive Agreement. City her eby grants to Contractor, on the terms and 576 conditions set forth herein, the Exclusive Franchise, right and privilege to collect, remove and dispose of, in 577 a lawful manner, Solid Waste, Recyclable Materials, and Organic Materials accumulating in the City’s 578 FINAL AGREEMENT Page 19 of 183
Service Area that are required to be accumulated and offered for collection to the Contractor in accordance 579 with the City’s Municipal Code, for the Term of and within the scope set forth in this Agreement. 580
3.02 Recyclable Materials Organic Waste, and Bulky Waste Discarded by Service Recipients. 581 This Agreement shall not prohibit any person from se lling Recyclable Materials or Organic Waste or giving 582 Recyclable Materials or Organic Waste away to persons or entities other than Contractor. However, in either 583 instance: (1) the Recyclable Materials or Organic Waste must be source separated from and not mixed with 584 other Solid Waste; and (2) the seller/donor may not pay the buyer/donor any consideration for collecting, 585 processing or transporting such Recyclable Materials or Organic Waste. A discount or reduction in the price 586 for collection, disposal and/or recycling services for any form of un-segregated or segregated Solid Waste 587 is not a sale or donation of Recyclable Materials or Organic Waste and such Solid Waste does not qualify 588 for this exception. However, once the Recyclable Materials or Organic Waste have been placed in the 589 Collection Container and the Container set out for Co llection, the Recyclable Materials or Organic waste 590 become the property of Contractor. 591
3.03 Exclusions to Exclusivity. 592
3.03.1 Specialized Recyclable Materials. If C ontractor is unable or unwilling to Collect and 593 process for diversion specialized materials, incl uding, but not limited to, Organic Waste, metals, 594 Construction and Demolition Debris, laboratory waste, pallets and others, and which a third party is able to 595 re-use or Recycle, Service Recipients shall have the right to engage the third-party recycler to collect and 596 Recycle those Source-Separated Recyclable Materials pr ovided that the diversion is verified by the City 597 and the third party obtains a City recycling permit. 598
3.03.2 Recyclable Materials Sold By Commerc ial Generator. If the Waste Generator at a 599 Commercial Service Unit has source separated Recyclable Material, the Waste Generator is entitled to sell 600 that Recyclable Material or be otherwise compensated in a manner resulting in a net positive payment to 601 the Waste Generator, when such collector is permitted as appropriate under the City Municipal Code. 602
3.03.3 Byproducts of Food and Beverage Pr ocessing. Under AB 3036 (2018), certain 603 byproducts from the processing of food or beverages from agricultural or industrial sources, provided they 604 do not include animal, including fish, processing bypr oducts, they are Source-S eparated, they are not 605 discarded (meaning the generator may not pay the recipient any considerat ion, or accept a discount or 606 reduction in price for collecting, processing, or tran sporting such material), and they are used as animal 607 feed, are exempted from this Exclusive Franchise Agreement. Entities requesting exemption must apply to 608 the City and be any of the following: registered pursuant to Section 110460 of the Health and Safety Code, 609 or be exempted from registration pursuant to Section 110480 of the Health and Safety Code, or be a beer 610 manufacturer as defined in Section 23012 of the Busi ness and Professions Code, or a distilled spirits 611 manufacturer, as defined in Section 23015 of the Business and Professions Code. 612
3.03.4 Donated Solid Waste. Recyclable Materi als, Organic Waste, or Large Items which 613 is Source Separated at any premises by the waste generator and donated to youth, civic or charitable 614 organizations qualified as such pursuant to Federal law. 615 FINAL AGREEMENT Page 20 of 183
3.03.5 Gardening or Landscape Services. Gre en Waste removed from a premises by a 616 gardening, landscaping, or tree trimming company as an incidental part of a total service offered by that 617 company rather than as a hauling service; 618
3.03.6 Temporary Services. Temporary Collection services for Solid Waste and 619 Construction and Demolition Debris is covered under the City’s Limited Franchise Agreement and 620 Contractor must abide by terms of that agreemen t for Collection and processing and Diversion of 621 Construction and Demolition Debris. 622
3.03.7 Permanent Roll-offs. Permanent Roll-off Collection services for Solid Waste and 623 Construction and Demolition Debris in a Roll-Off Container is covered under the City’s Limited Franchise 624 Agreement and Contractor must abide by terms of that agreement for Collection and processing and 625 Diversion of Construction and Demolition Debris. 626
3.04 Responsibility for Service Billing and Collecti on. Contractor is responsible for the billing 627 and collection of payments for Collection Services within the Service Area. 628 Article 4. Franchise Fees and Payments 629
4.01 Contractor’s Payments to City. The Partie s agree that all fees and any payments owed by 630 Contractor to City under this Agreement are the produ ct of extensive negotiations and constitute valid 631 consideration for the rights and privileges granted to Contractor under this Agreement. 632
4.02 Reimbursement for the Cost of Procurement Process. Contractor shall reimburse the City 633 a one-time fee for the cost of the Franchise Agreement solicitation, evaluation and award process of Three 634 Hundred Thousand Dollars ($300,000). This fee shall be due and payable on the thirty (30) day after the 635 Effective Date of the Agreement. 636
4.03 Quarterly Fees and Payments. The following quarterly fees and payments shall be due and 637 payable on the twentieth (20th) day of the month following the end of each Quarter for which the Collection 638 Services were provided; first such payment being due on October 20, 2023. The City Council may adjust the 639 Quarterly Fees by resolution, in which case Contract or shall be entitled to a rate adjustment as a City-640 directed change in accordance with Section 30.01. The Quarterly Fees shall be accompanied at the time of 641 payment by a written report, in a format acceptable to the City, setting forth the calculations Contractor used 642 to determine the amount due and the basis for those calculations. Figures used in the report shall be taken 643 from Contractor’s general books of account, and Contra ctor shall retain all supporting documentation in 644 accordance with the records retention requirements in Section 22.01. 645
4.03.1 Franchise Fee. Contractor shall pay the City a quarterly Franchise Fee equal to 646 ten percent (10%) of the Gross Revenue received by the Contractor from Collection Services provided in 647 the City pursuant to this Agreement. 648
4.03.2 Marketing and Sales of Recyclable Mate rials. Contractor shall be responsible for 649 marketing and sale of all Recyclable Materials Collected pursuant to this Agreement. Contractor shall pay 650 City $5.50 per ton on Recyclable Materials revenue. This s hared revenue, from all recovered Recyclable 651 FINAL AGREEMENT Page 21 of 183
Material, except for organic waste or Diverted Bulky Items, shall be paid to the City on a quarterly basis, 652 within 20 days of the end of the Quarter. City may apply late penalties as specified in Exhibit 6. 653 Tonnage upon which the shared revenue is calculated shall be the tonnage after 654 processing and removing residual waste, if the Contract or can document to the City’s satisfaction these 655 tonnage figures. If such documentation is not available in a sufficient form, shared revenue shall be based 656 on the tonnage delivered for processing. Tonnage repor ts, broken down by month, shall accompany 657 quarterly payments. 658
4.04 Annual Fees and Payments. The following annual fees and payments shall be due and 659 payable on July 1 of each calendar year; the first such payments being due on May 1, 2023. The City Council 660 may adjust the Annual Fees by resolution, in which case Contractor shall be entitled to a rate adjustment as 661 a City-directed change in accordance with Section 30.01. On each anniversary of the Commencement Date, 662 each of the following annual fees and payments shall increase by the sa me percentage that the Maximum 663 Service Rate increases for that same Calendar Year. 664
4.04.1 Administrative Fee. In consideration of the administrative costs of managing the 665 City’s solid waste program, Contractor sha ll pay City an annual Administrative Fee of Three Hundred 666 Thousand Dollars ($300,000). 667
4.04.2 SB 1383 Implementation Fee. In consider ation of the implementation, reporting, 668 and enforcement costs of SB 1383, Contractor shall pay City an a nnual SB 1383 Implementation Fee of 669 One Hundred and Thirty Thousand Dollars ($130,000). 670
4.04.3 Advertising and Outreach Contributi on. Contractor shall pay the City an annual 671 Advertising and Outreach Contribution in the amount of Twenty Thousand Dollars ($20,000). 672
4.05 Time and Method of Payment. Contractor shall pay all amounts owed under this Article 673 without prior notice or demand and without abatement, deduc tion, offset or credit in lawful money of the 674 United States, on or before the applicable due date, unless the due date lands on a weekend or Holiday, in 675 which case the due date shall be the next Business Day. If sent by U.S. mail, the remittance must be post-676 marked on or before the due date. If hand-delivered, Contractor must request and receive a date-stamped 677 receipt from the City by 5:00 p.m. on the due date. 678
4.06 Late Payments. In the event Contractor fa ils to pay the City any amounts owed under this 679 Article on or before the applicable due date, then in addition to the amounts already owed, Contractor shall 680 pay a penalty as specified in Exhibit 6, except to t he extent that such lateness is due to extenuating 681 circumstances. Contractor must submit any request for approval of a late payment in writing at least five (5) 682 Business Days prior to the date on which fees are due, and the request must be accompanied by a written 683 explanation of the extenuating circ umstances and adequate supporting docu mentation. The City shall not 684 unreasonably withhold its approval, and shall notify Contractor within three (3) business days of receiving 685 the request whether and to what extent the request has been approved. 686
4.06.1 Taxes and Utility Charges. The Contractor shall pay all taxes lawfully levied or 687 assessed upon or in respect of the operating assets or the Collection Services, or upon any part thereof of 688 FINAL AGREEMENT Page 22 of 183
upon any revenues necessary for the operation of the operating assets and the provision of the Collection 689 Services, when the same shall become due. 690
4.06.2 Franchise Fee Disputes. In the event of any disputes between the Contractor and 691 the City with respect to the fees described in this Article 4, the City shall provide the Contractor with written 692 objection within 180 days of the receipt of the writt en report described in Section 4.03, encompassing the 693 dispute amount. The City shall state its objections in writing with reference to the applicable portion(s) of 694 the report and its reasons then known for its dispute. The Parties agree to meet and confer regarding any 695 such dispute. 696
Article 5. General Requirements 697
5.01 Service Standards. Contractor must perform all Collection Services under this Agreement 698 in a thorough and professional manner as described in Article 25, while meeting the minimum performance 699 and diversion standards listed in Article 17 according to the Sustainability and Compliance Plan (Exhibit 10) 700 developed by the Contractor and approved by the City. 701
5.02 Labor and Equipment. Contractor must provide and maintain all labor, equipment, tools, 702 facilities, and personnel supervision required for the per formance of Contractor’s obligations under this 703 Agreement. Contractor must always have sufficient backup equipment and labor to fulfill Contractor’s 704 obligations under this Agreement. No compensation for Contractor’s services or for Contractor’s supply of 705 labor, equipment, tools, facilities or supervision will be pr ovided or paid to Contract or by City or by any 706 Service Recipient except as expressly provided by this Agreement. 707
5.03 Holiday Service. The City observes New Year’s Day, Memorial Day, Independence Day, 708 Labor Day, Thanksgiving Day, and Christmas Day as legal holidays. Contractor is not required to provide 709 Collection Services or maintain office hours on the designated holidays. In any week in which one of these 710 holidays falls on a Work Day, SFD Collection Services for the holiday and each Work Day thereafter will be 711 delayed one Work Day for the remainder of the week with normally scheduled Friday SFD Collection 712 Services being performed on Saturday. Commercial Collection Services will be adjusted as set forth in Article 713 12 but must meet the minimum frequency requirements of one (1) time per week. Collection Services will 714 not take place on Sundays, unless previously authorized by the Agreement Administrator. 715
5.04 Inspections. The City has t he right to inspect Contractor’s facilities or Collection Vehicles 716 and their contents used to provide se rvices pursuant to this Agreement at any reasonable time while 717 operating inside or outside the City. 718
5.05 Commingling of Materials. 719
5.05.1 SFD Materials Collected in Santa Cl arita. Contractor may not at any time 720 commingle any SFD materials Collected pursuant to this Agreement with any other material Collected by 721 Contractor inside or outside the City of Santa Clarita without the expres s prior written authorization of the 722 Agreement Administrator. 723
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5.05.2 Commercial Materials Collected in Santa Clarita. Contractor may commingle 724 Commercial materials collected pursuant to this Agreement with other materials collected outside the City 725 of Santa Clarita, provided that Contractor tracks t he tonnage of Commercial material collected inside the 726 City of Santa Clarita separately using a City-app roved allocation methodology. Changes to the allocation 727 methodology may only be made with the express prior written authorization of the Agreement Administrator. 728
5.05.3 Recyclable Materials. Subject to Sect ions 10.08.2 and 12.04.4, Contractor may not 729 at any time commingle SFD or Commercial Recyclable Materials Collected pursuant to this Agreement with 730 any other material type Collected by Contractor without the express prior written authorization of the 731 Agreement Administrator. 732
5.05.4 Organic Waste. Subject to Sections 10.09.4 and 12.05.7, Contractor may not at 733 any time commingle SFD or Commercial Organic Wast e Collected pursuant to this Agreement with any 734 other material type Collected by Contractor, without the express prior written authorization of the Agreement 735 Administrator. 736
5.05.5 Commingled Garbage and Recyclables. Only in special circumstances in which 737 separate Collection Containers pose a challenge due to space or logistical constraints, and with prior written 738 authorization of the Agreement Administrator, Contractor will Collect Commercial Garbage and Recyclable 739 Materials in the same Collection Container, using a Split-bin or Unicycling, for the purposes of processing 740 Recyclable Materials for diversion. 741
5.06 Recyclable Materials and Organic Waste Cont amination. Contractor must offer the Service 742 Recipients the correct combination of Cart and Bin sizes and collection frequency beyond the minimum 743 bundled service requirements as necessary, that matches their unique service needs to reduce 744 contamination of Recyclable Materials and Organic Wast e, and provide service at least cost to Service 745 Recipient. To support City’s diversion goals and Contractor’s Diversion Requirements as set forth in Section 746
8.01.1, Contractor is only required to collect and process Recyclable Materials if they have been separated 747 by the Service Recipient from Garbage and Organic Waste and will only be required to collect Organic Waste 748 if it has been Source Separated by the Service Recipient from Garbage and Recyclable Materials. 749 As part of Contractor’s Public Education Services under Section 20.02, Contractor has agreed to provide 750 outreach and support to Service Recipients as described in the Contractor’s Sustainability and Compliance 751 Plan provided as Exhibit 10 and Outreach and Educ ation Plan provided as Exhibit 11. Additionally, 752 Contractor’s route collection personnel will report to Contractor’s supervisors if they observe potential 753 contamination problems, and/or insufficient collection capacity. For purposes of determining if Recyclable 754 Materials or Organic Waste are deemed to be contaminated, if, by visual or digital inspection, Recyclable 755 Materials are commingled with ten percent (10%) by weight or volume of Garbage or Organic Waste, or if, 756 by visual inspection, Organic Waste is commingled wi th three percent (3%) by volume of Garbage or 757 Recyclable Materials, then Recyclable Materials and/or Organic Waste will be deemed to be contaminated 758 and Contractor may take the following steps: 759
5.07 Violations by Service Reci pients. The following provisions will apply to all Commercial, 760 MFD, MXD, and SFD Service Recipients. 761
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5.07.1 First and Second Occurrence. For the firs t and second occurrence within any one 762 Calendar Year of contamination for a particular cont ainer (i.e., Recyclable Materials or Organic Waste), 763 Contractor must collect the cont aminated container (as Solid Waste) and must affix a Contamination 764 Violation Notice to the contaminated container which contains instructions on the proper procedures for 765 sorting Recyclable Materials or Organic Waste, and must notify the Service Recipient by phone, U.S. mail, 766 e-mail, or in person (which may be a container tag), that for the third and subsequent incidents of excess 767 contamination, the Service Recipient may be charged a contamination fee for the contaminated container, 768 and Contractor may increase the Collection Container size, or require an additional Collection Container. 769 Contractor’s representative must also contact the Se rvice Recipient by phone, U. S. mail, e-mail, or in 770 person (which may be a container tag) to ensure that they have the appropriate level of service for proper 771 collection of Recyclable Materials and/or Organic Waste. Contractor must also document the contamination 772 issue in the Waste Reporting System provide digital/visual documentati on to the Service Recipient that 773 clearly documents the Service Recipient’s on-going contamination problems. 774
5.07.2 Third Occurrence. For the third or subsequent occurrence within any one Calendar 775 Year of contamination for a particul ar container (i.e., Recyclable Mate rials or Organic Waste), Contractor 776 must collect the contaminated Container (as Solid Waste) and must charge the Service Recipient a 777 contamination fee as set forth in Exhibit 1. Contractor must continue providing the Recyclable Materials or 778 Organic Waste Collection Services. Contractor mu st provide (or have prov ided) digital/photographic 779 documentation to the Service Recipient that clear ly documents the Service Recipient’s on-going 780 contamination problems and written Notices of contamination as described above. Contractor may increase 781 the Container size or collection frequency and impos e a contamination surcharge on the account for a 782 period of six months or until the Service Recipient has demonstrated no contamination for a period of three 783 consecutive months. Contractor must document co ntamination issue and surcharge in Waste Reporting 784 System and notify City within five (5) Business Days if Contractor increases the Container size or collection 785 frequency for excessive contamination or imposes the contamination surcharge to the account. City will 786 consult with Contractor and consider, and pursue as applicable, appropriate legal remedies against 787 offending Service Recipients in order to secure discontinuance of the contamination. 788
5.08 Tracking Occurrences of Contamination. Regarding Section 5.07, each Contamination 789 occurrence is tracked annually per Calendar Year, and resets at the start of each Calendar Year if 790 contamination occurrences are not active and consec utive. Where contamination is occurring, and 791 occurrences are consecutive and unremedied their count shall continue across Calendar Years until remedy 792 occurs. In this case, once the Service Recipient ha s demonstrated no contamination for a period of three 793 consecutive months the tracking calendar will reset. 794
5.09 Disputes Over Excess Contamination Charges. If Service Recipient disputes a 795 contamination charge (which must be within 30 days of them being assessed), Contractor will temporarily 796 halt any contamination charge and/or increased Maxi mum Service Rate resulting from increasing the 797 Collection Container size, or collection frequency, and Contractor may request a ruling by the City Manager 798 to resolve the dispute. During the pendency of any request, Contractor may restore Container size or 799 number, or collection frequency to the prior levels. A r equest by Contractor to the City Manager to rule on 800 any such dispute must be filed within ten (10) Business Days of Contractor’s halting of contamination charge, 801 FINAL AGREEMENT Page 25 of 183
or increased Maximum Rate, and must include written documentation and digital/visual evidence of ongoing 802 overall problems. The City Manager may request a m eeting (in person or phone) with both the Service 803 Recipient and Contactor to resolve the dispute. Following such a meeting, the City Manager will rule on the 804 dispute within ten (10) Business Days, and the City Manager’s decision on resolving the dispute between 805 and Service Recipient will be final. If the City Manager rules in favor of the Service Recipient, Contractor will 806 credit the disputed contamination charges or increased Maximum Service Rate. If the City Manager rules in 807 favor of Contractor, Contractor may charge Service Recipient the prior halted contamination charge and/or 808 increased Maximum Service Rate resulting from incr easing the Collection Container size or collection 809 frequency and may follow the steps in Section 7.07 for collection of delinquent accounts. 810
5.10 Container Overage and Correction Procedu res. If a Customer is found to habitually 811 overflow their Collection Container(s), i.e., lid will not close, and/or material not contained within Container 812 Contractor may take the steps as listed below to co rrect Customers’ on-going overflow of material. All 813 customers will be notified of Collection Overages. C ontractor shall notify the Ci ty regarding Commercial, 814 MFD, and MXD customers that habitually overflow their Containers so t hat the City can take appropriate 815 action with such customers in order to secure discontinuance of the overages. 816
5.11 Overage and Correction Procedures. Contra ctor shall provide the Service Recipients the 817 correct combination of Collection Containers and collection frequency that matches each Service Recipient’s 818 unique service needs to enable clean, efficient, and cost -effective collection of Solid Waste, Recyclable 819 Materials, and Organic Waste. City and Contractor agree that overflow of Solid Waste that is not properly in 820 the Service Recipient’s Solid Waste Collection Co ntainers negatively impacts public health and safety. 821 Contractor has also agreed to conduct recycling audits and provide outreach and support to Service 822 Recipient accounts receiving the correct service level. However, if Service Recipients are found to habitually 823 overflow their Solid Waste Collection Containers, Contra ctor may take the steps as listed below to correct 824 Service Recipient’s on-going overflow of Solid Waste. 825
5.12 Prior Arrangements For Collection. If the Service Recipient has made prior arrangements 826 with Contractor for Collection of Solid Waste Overages, Contractor must collect such Overages as arranged, 827 and may charge the Service Recipient the Solid Waste Overage fee (prior arrangement) rate set forth in 828 Exhibit 1. 829
5.13 No Prior Arrangements. If the Service Re cipient has not made prior arrangements with 830 Contractor for Collection of Solid Waste Overage, (i) Contractor may collect such Solid Waste Overage at 831 no additional charge as a courtesy, (ii) Contractor may not Collect the Solid Waste Overage and leave a 832 Non-Collection Notice explaining the reason for non-co llection of the Solid Waste Overage, (iii) Contractor 833 may Collect the Solid Waste Overage (up to two lifts ) and charge the Service Recipient the Solid Waste 834 Overage fee (no prior arrangement) rate set forth in Exhibit 1 as provided below, or increase the capacity or 835 frequency of Collection of the existing Collection C ontainer(s) to match documented service needs as 836 provided below. In managing Solid Waste Overages, the following apply: 837
5.13.1 SFD Service Recipients – Each Occurren ce. For each occurrence Contractor will 838 not collect the Solid Waste Overage if the Collection Container could not be serviced by normal operating 839 procedures or cause spillage upon servicing and Contractor must provide the following written notice via e-840 FINAL AGREEMENT Page 26 of 183
mail, U.S. mail, or in person (which may be by Non-Collection Notice) to the Service Recipient: (i) the date, 841 description and photograph of the Solid Waste Over age and document in the Waste Reporting System. 842 Contractor’s Non-Collection Notice for SFD Service Recipients shall also contain instructions on (a) how to 843 schedule a Large Item Collection or (b) request an additional Collection Container to eliminate future 844 Overages. 845
5.13.2 Commercial and MFD/MX D Service Recipients – Each Occurrence. Contractor 846 must provide a written notice on the Container and may provide a copy of the notice via e-mail, U.S. mail, 847 or in person (which may be by Non-Collection Notice) to the Service Recipient with the date, description 848 and photograph of the Solid Waste Ov erage. Contractor may collect the Solid Waste Overage and may 849 charge the Service Recipient a Solid Waste Overage fee as set forth in Exhibit 1, and increase the capacity, 850 or collection frequency of the Collection Container to match documented service n eeds. At least ten (10) 851 Business Days prior to increasing the Collection Contai ner size, or frequency of Collection, Contractor’s 852 representative must also contact the Service Recipient by phone, U.S. mail, e-mail or in person (which may 853 be by Non-Collection Notice) to ensure that Servic e Recipient has the appropriate level of service. 854 Contractor must document overage is sue in the Waste Reporting System and notify City within ten (10) 855 Business Days of any changes in Service Recipient’s Collection Container size or collection frequency. The 856 increased capacity or collection frequency will remain in effect until Contractor determines that it is no longer 857 needed to prevent overages, which may be longer than the one Calendar Year stated above. Such 858 determination will be in Contractor’s sole but reaso nable discretion and will be subject to the dispute 859 resolution procedure set forth below. City will consider, and pursue as applicable, appropriate legal 860 remedies against offending Service Recipients in order to secure discontinuance of the overages. 861
5.14 Tracking Occurrences of Solid Waste Ov erage. Regarding Sections 5.11 – 5.13 after 862 twelve (12) months have passed from the last appl icable Solid Waste Overage occurrence, the next Solid 863 Waste Overage occurrence will be deemed a first Solid Waste Overage occurrence. 864
5.15 Disputes Over Container Overflow Charges. If Service Recipient disputes a Solid Waste 865 Overage charge or container size or collection frequen cy change within 30 days of the disputed action, 866 Contractor must temporarily halt Solid Waste Over age charge and/or increased Maximum Service Rate 867 resulting from increasing the Collection Container size or collection frequency, and Contractor may request 868 a ruling by the City Manager to resolve the dispute. During the pendency of any request, Contractor may 869 restore Container size or number, or collection frequency, to the prior levels. A request by Contractor to the 870 City Manager to rule on any such dispute must be filed within ten (10) Business Days of Contractor’s halting 871 of Solid Waste Overage charge, or increased Maximum Rate, and must include written documentation and 872 digital/visual evidence of ongoing overall problems. The City Manager may request a meeting (in person or 873 phone) with both the Service Recipient and Contractor to resolve the dispute. Following such a meeting, the 874 City Manager will rule on the dispute within ten (10) Business Days, and the City Manager’s decision on 875 resolving the dispute between and Serv ice Recipient will be final. If the City Manager rules in favor of the 876 Service Recipient, Contractor must credit the disput ed charge or increased Maximum Service Rate. If the 877 City Manager rules in favor of Contractor, Contractor may charge Service Recipient the prior halted Solid 878 Waste Overage charge and/or increased Maximum Service Rate resulting from increasing the Solid Waste 879 FINAL AGREEMENT Page 27 of 183
Collection Container size or collection frequency and ma y follow the steps in Section 7.07 for collection of 880 delinquent accounts. 881
5.16 Ownership of Materials. Except as prov ided otherwise under Applicable Law, title to 882 Residential Waste, Commercial Solid Waste, Recyclable Materials, and Organic Waste will pass to 883 Contractor at such time as said materials are set out for Collection. 884
5.17 Spillage and Litter. Contractor may not litter pr emises in the process of providing Collection 885 Services or while its vehicles are on the road. Cont ractor must transport all materials Collected under the 886 terms of this Agreement in such a manner as to prev ent the spilling or blowing of such materials from 887 Contractor's vehicles. Contractor must exercise all reasonable care and diligence in providing Collection 888 Services so as to prevent spilling or dropping of Residential Waste, Commercial Solid Waste, Recyclable 889 Materials, or Organic Materials and must immediately, at the time of occurrence, clean up such spilled or 890 dropped Residential Waste, Commercial Solid Waste, Recyclable Materials, or Organic Materials. 891
5.17.1 Except as provided in Section 12.03.3, Contractor is not responsible for cleaning 892 up sanitary conditions caused by the carelessness of the Service Recipient; however, Contractor must 893 clean up any material or residue that is spilled or scattered by Contractor or its employees. 894
5.17.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris resulting 895 from Contractor’s operations or equipment repair must be covered immediately with an absorptive material 896 and removed from the street surfac e. Contractor must document spilla ge in the Waste Reporting System 897 and notify City’s stormwater compliance coordinator within ninety (90) minutes of any spills resulting from 898 Contractor’s operations or equipment. When necessary, Contractor must apply a suitable cleaning agent 899 and cleaning technique to the street surface to pr ovide adequate cleaning as approved by the City’s 900 stormwater compliance coordinator to be compliant with the City’s stormwater permit. 901
5.17.3 The above paragraphs notwithstanding, Contractor must clean up any spillage or 902 litter caused by Contractor within ninety (90) minutes upon notice from the City. If City deems necessary, 903 Contractor must engage third-party environmental clea n-up specialist to remove any equipment oil, 904 hydraulic fluids, or any other liquid or debris that remains on street after Contractor’s own clean-up efforts. 905 If clean-up is not conducted to satisfaction of Ci ty, City has right to engage environmental clean-up 906 specialist to perform additional clean-up work at the expense of Contractor. 907
5.17.4 In the event where damage to City streets is caused by a hydraulic fluid spill (i.e., 908 any physical damage in exce ss of a simple cosmetic stain caused by the spill), Contractor shall be 909 responsible for all repairs to return the street to the same condition as that prior to the spill. Contractor shall 910 be responsible for all clean-up activities related to the spill. Repairs and clean-up shall be performed in a 911 manner satisfactory to the City and at no cost to the City. 912
5.17.5 To facilitate immediate cleanup, Contract or’s vehicles must always carry sufficient 913 quantities of petroleum absorbent materials along with a broom and shovel. 914 FINAL AGREEMENT Page 28 of 183
5.18 Green and Organic Waste Capacity. Contract or shall guarantee capacity for all City Green 915 and Organic Waste for the term of the Agreement using a facility listed in Exhibit 9. 916
5.19 Regulations and Record Keeping. Contractor must comply with emergency notification 917 procedures required by Applicable Laws and regulatory requirements. All records required by regulations 918 must be maintained at Contractor’s facility. These records must include waste manifests, waste inventories, 919 waste characterization records, inspection records, incident reports, and training records. 920 Article 6. Collection Service Rates 921
6.01 Collection Service Rates. Contractor is sole ly responsible for determining the rates it will 922 charge for providing the Collection Services, provided that Contractor shall not charge any Service Recipient 923 an amount that exceeds the applicable Maximum Service Rate set forth in Exhibit 1, which may only be 924 adjusted as provided in this Agreement. 925
6.02 Senior / Low-Income Discount as Contra ctor’s Good Will. In exchange for the good will of 926 the City and the general public, Contractor voluntarily agrees to discount the rate it charges for Collection 927 Services provide to eligible Service Recipients (the “D iscount”) and that the Discount shall neither impact 928 the Maximum Service Rates nor be otherwise paid for or subsidized by any other Service Recipients. 929 Contractor shall make the Discount available to any person who demonstrates through appropriate 930 documentation that they are: (i) 60 ye ars of age or older; or (ii) a person of low, lower, or extremely low 931 income, and enrolled in a discounted utility program; and (iii) the service account holder; and (iv) the head 932 of household and occupant at the Service Unit address. Contractor shall provide the City and all persons in 933 the City then currently subscribed Contractor’s Di scount rate program describing and explaining how to 934 qualify for and receive the Discount. Contractor shall thereafter advertise the availability of the on its website 935 throughout the Term of this Agreement and at least once per year by direct notice to all SFD Service 936 Recipients. Adjustments to Maximum Service Rate s using CPI-U. Beginning on January 1, 2025, and 937 annually thereafter, Contractor shall, subject to compliance with all provisions of this Section, receive an 938 annual adjustment to the Maximum Service Rates as set forth in Exhibit 1 to this Agreement. 939
6.03 Pre-payment Discount. Contractor will provi de a one-month discount to the total annual bill 940 for all SFD Service Recipients that pre-pay their bill on an annual basis. The annual pre-payment must occur 941 before July 1st to be effective in the following Agreement Year. 942
6.04 Maximum Service Rate Adjustment. The Maximum Service Rates in Exhibit 1 shall be 943 adjusted on January 1, 2025, and annually thereafter in accordance with this Section 6.04. No other 944 adjustments shall be made except as provided in Section 30.01. 945
6.04.1 CPI Adjustment Calculation. For Rate Year 2025, beginning on January 1, 2025, 946 and for subsequent years thereafter, the rates shall be adjusted based on one hundred percent (100%) of 947 the 12-month average change in the CPI-U for the 12-month period published immediately prior to the rate 948 application. Therefore, the first rate adjustment effective January 1, 2025 will be based on the percentage 949 change between the 12-month average of the CPI-U from August 1, 2022 through July 31, 2023, and the 950 12-month average of the CPI-U from August 1, 2023 through July 31, 2024. The index to be used shall be 951 FINAL AGREEMENT Page 29 of 183
the CUURS49ASA0 All Urban Consum ers (CPI-U), Los Angeles-Long Be ach-Anaheim, not seasonally 952 adjusted. 953
6.04.2 Annual Rate Cap on Maximum Service Ra tes. In any Calendar Year that the 954 calculation of the CPI-U exceeds four percent (4%), the total adjustment for that year will equal four percent 955 (4%) and the rollover amount will be added to the rate adjustment percentage in the following year, or any 956 subsequent year. If the CPI-U is negative (after ac counting for any applicable rollover percentages from 957 prior years), there will be no CPI-U adj ustment for that year. Notwithstandi ng any other provision of this 958 Agreement, all SFD Service Unit Maximum Service Rates shall remain below all jurisdictions, including 959 Incorporated Cities and Unincorporated County Areas , with Source Separated (Garbage, Recycling, and 960 Organic Waste) franchised collection services in the Santa Clarita Valley. 961
6.04.3 Rounding. Adjustments to the overall Service Rates shall be made only in units of 962 one cent ($0.01). Fractions of less than one cent ($0.01) shall not be considered in making adjustments. 963 All CPI indices shall be rounded at two (2) decimal places for the adjustment calculations. 964
6.04.4 Maximum Service Rate Adjustment Report. On or before September 15 of each 965 year of the Term, Contractor shall deliver to Ci ty a report on its proposed adjustment to the Maximum 966 Service Rates for the subsequent calendar year (the “Adjustment Report”). The Adjustment Report shall be 967 in a format as may be mutually agreed on between the City and Contractor and must contain or be 968 accompanied by Contractor’s adjustment calculations for the specific services performed under this 969 Agreement during the preceding Agreement Year in Microsoft Excel or other electronic format acceptable 970 to the City. Contractor shall be solely responsible for the cost of preparing the Adjustment Report. 971
6.04.4.1 Corrections. In the event the City determines the Adjustment 972 Report contains substantial errors or omissions, Contractor shall, at its sole cost, provide a corrected report 973 to the City. A corrected report submitted after September 15 shall be treated as a late report. 974
6.04.4.2 Late Report. If Contractor fails to submit the Adjustment Report by 975 September 15, the City may: (1) accept and consider the late Adjustment Report if the City, in its sole and 976 reasonable discretion, deems there is sufficient time to review and approve the proposed adjustment in 977 time for it to be implemented on January 1; or (2) acc ept and consider the late Adjustment Report at its 978 earliest convenience, in which case any approved rate adjustment shall only go into effect prospectively 979 thirty (30) days after the City’s approval. In no event shall Contractor apply any rate adjustment retroactively. 980
6.04.4.3 No Report. If Contractor fails to provide any Adjustment Report, 981 the Maximum Service Rate shall remain unchanged for the next calendar year. 982
6.05 City Approval. If Contract or provides a timely Adjustment Report, the City Manager shall 983 notify Contractor on or before December 1 whether the City has approved the requested adjustments to the 984 Maximum Service Rates for the next Rate Year. Approv al of the City Council shall be required for any 985 requested rate adjustment of more than four percent (4%) . The City Manager may approve all other requests 986 or refer them to the City Council at his or her discretion. 987 FINAL AGREEMENT Page 30 of 183
6.06 Contractor payment for CPI-U review. Contra ctor shall be responsible for paying the cost 988 of reviewing or correcting the annual CPI-U adjustment if the City determines t hat Contractor has made 989 substantial errors and has not properly submitted or correctly calculated the CPI-U adjustment. 990
6.07 Extraordinary Adjustments. Contractor a nd City acknowledge that there may be infrequent 991 extraordinary events, incl uding Change of Law, which, although t hey do not prevent either party from 992 performing, and thus do not implicate the force majeure provisions hereof, nevertheless increase the cost of 993 providing services above the Section 6.04 Maximum Service Rate Adjustment. The obligation of the parties 994 in such event is to act reasonably toward each othe r in arriving at an appropriate adjustment in rates. 995 Accordingly, at its option, Contractor may apply to t he City not more frequently than once annually, for an 996 extraordinary rate adjustment should an event or circumstance arise which negatively impacts the economic 997 operation of Contractor and which is in excess of the rate adjustment resulting from the application of Section 998
6.04. An extraordinary adjustm ent in rates will be deemed justified if it is necessa ry for the Contractor to 999 make a substantial change in its operations, or subst antial capital expenditure or investment in order to 1000 perform its obligations under this Agreement due to the occurrence of an event or circumstance which is 1001 beyond the reasonable control of Contractor. Extraordi nary rate adjustments shall only be effective after 1002 approval by the City Council. 1003
6.07.1 Contractor’s Burden. In the event of such an application for an extraordinary rate 1004 increase, it is understood that the Contractor shall have the burden of demonstrating to the reasonable 1005 satisfaction of the City the basis for the extraordinary increase cost. Contractor shall bear the burden of 1006 justifying its request and shall be solely responsible for the cost of preparing and submitting sufficient 1007 documentation in support of its reque st. City in its sole reasonable discretion may request Contractor to 1008 provide any additional information it deems necessary to fully evaluate the request, and Contractor shall be 1009 solely responsible for the cost to of providing such additional information. Contractor shall allow City to 1010 review a report of its annual revenues and expenses fo r the services provided in the City prepared by a 1011 Certified Public Accountant or a licensed public accountant, which shall have been prepared in compliance 1012 with Rule 58 of the “Rules and Regulations of the State Board of Accountancy,” as established by the 1013 California Code of Regulations, Title 16, Chapter I (“Financial Statements”). Such Certified Public 1014 Accountant or licensed public accountant shall be entirely independent of the Contractor and shall have no 1015 financial interest whatsoever in the business of the C ontractor. City shall have the right to review this 1016 information in connection with the City’s review of Contractor’s extraordinary rate adjustment request. With 1017 respect to any Financial Statements or any other non-pu blic information (“Confidential Information”), City 1018 agrees that: (a) it will hold in confiden ce all Confidential Information; (b ) it will restrict the disclosure of 1019 Confidential Information within its own organization and to its agents or representatives who need to know 1020 the Confidential Information for the purposes of the request; (c) it will not disclose Confidential Information 1021 to any third party, excepting those subject to subsec tion (b), without the prior written consent of the 1022 Disclosing Parties; (d) it will not copy and/or reproduce any Confidential Information without the prior written 1023 approval of the Contractor; and (e) it will not use Confidential Info rmation except as required for 1024 consideration of the request. City may consider increases or decreases in Contractor’s total revenues and 1025 total cost of services when reviewing an extraordina ry rate adjustment request. The City will inform the 1026 Contractor upon receiving a California Public Reco rds Act request or a subpoena for the Confidential 1027 Information by written notice delivered to the Contractor (“Notice”). The Contractor will have five (5) days 1028 FINAL AGREEMENT Page 31 of 183
from the date of the Notice to inform the City in writ ing of its intent to assert its confidentiality rights under 1029 this Agreement. The Contractor will have fifteen (15) day s from the date of the Notice to seek judicial 1030 assistance to prevent the disclosure of the Confidential Information. If the Contractor fails to act within the 1031 nine (9) or fifteen (15) day windows described above, the City may disclose the requested Confidential 1032 Information to the requestor or subpoenaing party. In t he event Contractor seeks a court order to stay or 1033 enjoing the disclosure of the Reco rds, Contractor agrees to inde mnify and hold harmless the City, its 1034 Council, elected and appointed board or commission members, officers, employees, volunteers and agents 1035 (collectively, "Indemnitees") from and against any and all loss, liability, penalty, forfeiture, claim, demand, 1036 action, proceeding or suit in law or equity of any and every kind and description, whether judicial, quasi-1037 judicial or administrative in nature, arising or resulting from or in any way connected with the subject CPRA 1038 or FOIA request for the Records. This Indemnity shall survive the expiration or termination of this 1039 Agreement. 1040
6.07.2 Review Costs. At the time of its reque st, Contractor shall also submit a payment 1041 to the City of Twenty-Five Thousand Dollars ($25,000) to defray the City’s costs to review the request. In 1042 the event the City’s reasonable cost s exceed that amount, Contractor shall reimburse the City for any 1043 documented amount in excess. 1044
6.07.3 Meet and Confer. The City and Contractor agree to meet and confer regarding the 1045 request and to negotiate in good faith regarding the appropriateness of the requested adjustment. 1046
6.07.4 City Review; Approval. City shall review the Contractor’s request and, in the City’s 1047 sole and reasonable judgment, make the final determination as to whether an adjustment to the Maximum 1048 Service Rates will be made, and, if an adjustment is per mitted, the appropriate amount of the adjustment. 1049 Approval of the City Council shall be required for any Extraordinary Adju stments. The City shall notify 1050 Contractor of its decision within ninety (90) calendar days regarding whether it accepts Contractor’s request. 1051 Except as provided herein, any such change approved by the City shall not be implemented until January 1052 1 of the next Rate Year unless a different time frame is approved by the City Council. 1053
6.07.5 No Retroactive Adjustments. Ex traordinary Adjustments may not be applied 1054 retroactively without City Council approval. Notwit hstanding the preceding sentenc e, in no event may an 1055 Extraordinary Adjustment be applied retroactively to a date prior to July 1, 2023. Contractor may not request 1056 an Extraordinary Adjustment to Initial Service Rate s, nor may Contractor request an Extraordinary 1057 Adjustment prior to December 31, 2024. 1058
6.08 Five Year Meet and Confer. The City and C ontractor agree to meet and confer on or about 1059 five (5) years from the Commencement Date regarding ma terial changes in the cost of providing services 1060 that are substantially in ex cess of the rate adjustments resulting from the application of Sections 6.04 and 1061
6.07. If it is determined that there have been material changes in the cost of providing services, then the City 1062 and Contractor agree to negotiate in good faith regarding appropriate adjustments to the rate. The process 1063 for demonstrating material changes in the cost of providing services shall follow the same process as outlined 1064 in Section 6.07.1. 1065
FINAL AGREEMENT Page 32 of 183
6.09 Procedures in Event of Invalidation of Rate Adjustment. In the event that City is unable by 1066 operation of Applicable Law to approve or implement a rate increase under this Article 6, or some or all of 1067 the Maximum Service Rates are disallowed by operati on of Applicable Law, Contractor will have the right, 1068 within thirty (30) days after notice of any such inability to approve or invalidation of an approved rate increase, 1069 to request, in writing, that City negotiate in good faith regarding reductions in programs, services, or fees to 1070 compensate for any negative impact from the unapprov ed or invalidated rate increase. If City fails to 1071 commence negotiations in good faith or negotiations are not completed within forty-five (45) days following 1072 the date of receipt of Contractor’s request, either party may terminat e this Agreement no earlier than one 1073 hundred and eighty (180) days after written notice to the other. 1074 Article 7. Collection Service Billing 1075
7.01 Responsibility for Collection Service Billi ng and Collection. Contractor shall be solely 1076 responsible for the billing and collecting payments for the Collection Services it provides within the Service 1077 Area. 1078
7.02 Invoices. Contractor shall prepare and send out invoices, by either U.S. mail or electronic 1079 mail, to each Service Recipient in advance of all serv ices provided by Contractor under this Agreement. If 1080 sent by mail, invoices for each billing period shall be placed in a separate envelope accompanied by a self-1081 addressed return envelope. All invoices shall include Contractor’s e-mail address include directions for 1082 payment by payment by check, credit card, or Automated Clearing House (ACH) debit, and shall include or 1083 be accompanied by a complete billing statement showing all charges and all services provided. City shall 1084 have the right to direct Contactor to revise the format of all invoices and billing statements upon reasonable 1085 notice to Contractor. 1086
7.03 Timing; Frequency. Contractor shall not init iate billing to any Service Unit sooner than the 1087 first day of the service period of Collections Services covered by the invoice. Contractor shall invoice Service 1088 Recipients once every month for Commercial Service Units, MFD Service Units and MXD Service Units and 1089 once every Quarter for SFD Service Units. No invoice shall be due and payable sooner than the last day of 1090 the respective month or Quarter for which Collection Services are provided. 1091
7.04 Partial Month Service. If, during a month, a Service Unit is added to or deleted from 1092 Contractor’s Service Area, Contractor shall pro-rate billing to the Serv ice Recipient on a weekly basis, 1093 meaning one-fourth of the applicable rate found in Exhi bit 1 multiplied by the num ber of weeks of service 1094 provided by Contractor. 1095
7.05 Overpayments. Contractor shall refund or issue a servic e credit for overpayments by 1096 Service Recipients no later than 30 days after Contract or discovers or is notified of the overpayment. 1097 Contractor shall refund every over payment that: (1) exceeds two hundr ed dollars ($200.00) or the amount 1098 of Service Recipient’s typical invoice, whichever is less; or (2) is due to the Service Recipient closing the 1099 account prior to the end of the billing period. Contractor may issue a service credit of no more than two (2) 1100 years against future invoices for all other overpayments. 1101 FINAL AGREEMENT Page 33 of 183
7.06 Delinquent Service Accounts. Contractor shall report all Service Recipients whose 1102 accounts are delinquent by more than ninety (90 days) to the Agreement Administrator on a monthly basis. 1103
7.07 Contractor’s Reservation of Legal Ri ghts and Remedies. Notwithstanding any other 1104 provision of this Article, Contractor reserves its right to, and may take such action as is legally available to 1105 Contractor, to collect or cause collection of past due invoice amounts; provided, however, that Contractor 1106 shall never discontinue Collection Services to any Serv ice Unit except upon thirty (30) days prior written 1107 notice to both the Service Recipient and the Agreement Administrator. Contractor may send a written notice 1108 to Service Recipient regarding payments of Billings during the billed service period. 1109 Article 8. Diversion Requirements 1110
8.01 Warranties and Representations. Contractor warrants that it is aware of and familiar with 1111 City's waste stream, and that it has the ability, and shall use commercially reasonable efforts to provide and 1112 employ sufficient programs and services to ensure City will meet or exceed City’s Diversion goals 1113 requirements (including, without limitation, amounts of Solid Waste to be Diverted, time frames for Diversion, 1114 and any other requirements) as set forth in this Arti cle, Applicable Law, and CalRecycle Regulations, and 1115 that Contractor will do so without im posing any costs or fees other than t hose set forth in Exhibit 1, except 1116 as provided in Section 30.01.1. 1117
8.01.1 Minimum Diversion Requirements. Cont ractor shall meet the following minimum 1118 annual Franchised Diversion or CalRecycle Diversio n Rates if Waiver is requested and received under 1119 Section 8.01.7: 1120
Agreement Year Franchised Diversi on Rate CalRecycle Diversion Rate 2023-2024 40% 55%
2024-2025 40% 55%
2025-2026 45% 60%
2026-2027 45% 60%
2027-2028 50% 65%
2028-2029 50% 65%
2029-2030 55% 70%
2030-2031 55% 70%
2031-2032 and After 60% 75%
8.01.2 Annual Reporting. Contractor shall calc ulate the actual Franchised Diversion Rate 1121 and actual CalRecycle Diversion Rate on an annual basis and shall deliver a written report regarding the 1122 FINAL AGREEMENT Page 34 of 183
same to the City no later than February 14 of the year following the reporting period as set forth in Section 1123
22.04. 1124
8.01.3 Franchised Diversion Rate Calculation. Contractor’s actual Franchised Diversion 1125 Rate for any given Calendar Year shall be calculated by dividing (i) the total tonnage of Solid Waste 1126 Collected by Contractor in the Ci ty and either Disposed of at the City approved Recyclable Materials 1127 Processing Facility or Organic Waste Processing Facility, or otherwise handled in a manner that counts as 1128 Diversion under applicable CalRecycle regulations; by (ii) the total tonnage of Solid Waste Collected by 1129 Contractor in the City. 1130
8.01.4 Failure to Meet Franchised Diversion Rate. If Contractor fails to meet the minimum 1131 annual Franchised Diversion Rate in a given year, it shall be subject to Administrative Charges as allowed 1132 under Article 25 and specified in Exhibit 6. Contractor mu st also submit a written corrective action plan to 1133 the City before March 15 of the year following the missed minimum Diversion requirement. Contractor’s 1134 corrective action plan must specify all actions Contractor will take to ensure it will meet Franchised Diversion 1135 Rates in the future, and shall be subject to the revi ew and approval by the Agreement Administrator. 1136 Contractor’s failure to meet the minimum Franchised Diversion Rate shall not constitute a default under this 1137 Agreement so long Contractor fully implements all el ements of a City approved corrective action plan. If 1138 Contractor fails to submit an adequate corrective action plan or to fully implement a City-approved corrective 1139 action plan, it shall subject Contractor to Administrative Charges as allowed under Article 25 and specified 1140 in Exhibit 6 in addition to any other remedies available to the City. 1141
8.01.5 CalRecycle Diversion Rate Calculation. The actual CalRecycle Diversion Rate for 1142 any given calendar year shall be calculated consistent with CalRecycle and Public Resources Code Section 1143 41780. 1144
8.01.6 Failure to Meet CalRecycle Diversion Rate. If City fails to meet any CalRecycle 1145 Diversion requirement due to Contractor’s failure to implement any Diversion or public education program 1146 as required by this Agreement, Contractor shall be subject to Administrative Charges as allowed under 1147 Article 25 and specified in Exhibit 6. Contractor must also submit a written corrective action plan to the City 1148 before March 15 of the year following the missed mi nimum CalRecycle Diversion Rate. Contractor’s 1149 corrective action plan must specify all actions Contractor will take to help the City to meeting all Diversion 1150 requirements under Applicable Law in the future, and s hall be subject to the review and approval by the 1151 Agreement Administrator. If Contractor fails to s ubmit an adequate corrective action plan or to fully 1152 implement a City-approved corrective action plan, it shall subject Contractor to Administrative Charges as 1153 allowed under Article 25 and specified in Exhibit 6 in addition to any other remedies available to the City. 1154
8.01.7 Waivers. On or about July 1, 2024, and not more of ten than once every two (2) 1155 years, Contractor may request to waive or revi se the annual Franchised Diversion requirements. The 1156 parties agree to meet and confer, and negotiate in good faith regarding such requests, taking into account 1157 matters such as waste characteriza tion data, trends in s ource reduction, the av ailability of permitted 1158 facilities capable of processing material to achiev e the required Diversion le vels, the availability of 1159 commercially viable markets for Recyclable Material s or Organic Waste, trans portation constraints, 1160 embargoes, the impact of scavenging, increasing pr oducer responsibility requirements, restrictions on 1161 FINAL AGREEMENT Page 35 of 183
single-use plastics, public safety impacts, and the passage of any other legislation that significantly impacts 1162 the waste stream mix. City, via t he Agreement Administrator, may not unreasonably withhold approval of 1163 the waiver or revision provided that Contractor’s request is accompanied by sufficient documentation and 1164 granting the request would not render the City non-compliant with any State Diversion mandates. 1165
8.02 Mutual Cooperation. City and Contractor shall each reasonably cooperate in good faith 1166 with all efforts of the other Party to meet City's Diversion requirements under Applicable Law and the 1167 Contractor’s obligations under this Article. City's obligations in this regard shall include, without limitation, 1168 making such petitions and applications as may be reaso nably requested by Contractor for time extensions 1169 in meeting Diversion goals, or other exceptions from the terms of Applicable Laws, and to agree to authorize 1170 such changes to Contractor’s Recycling, Organic Waste, or Solid Waste programs as may be reasonably 1171 requested by Contractor in order to achieve the minimum requirements of this Article. 1172
8.03 Contractor’s Diversion Programs. Contra ctor shall implement the Diversion programs 1173 required under this Agreement to ensure that City a nd Contractor comply with all Diversion requirements 1174 under Applicable and the City meets or exceeds all minimum Diversion requirements under Applicable Law. 1175 Contractor shall furthermore, at its sole cost and expense, (1) assist the City to respond to inquiries from, or 1176 prepare for and attend any hearing before, CalRecycle or any other regulatory agency relating to the City’s 1177 compliance with Applicable Law; prepare for and partici pate in CalRecycle’ s review of the City's SRRE.; 1178 apply for any extension available under Applicable Law; develop and implement a public awareness and 1179 education program consistent with the City's SR RE and Household Hazardous Waste Element and any 1180 related requirements of Applicable Law; (2) Provide t he City with Recycling, source reduction, and other 1181 technical assistance as may be needed to comply with Applicable Law; (3) advise the City of additional 1182 programs or measures Contractor can, if authorized by the City, implement to increase compliance with the 1183 Diversion requirements of Applicable Law; and (4) pr omptly pay any and all fees, penalties, or other costs 1184 imposed on the City by CalRecycle relating to its Diversion requirements, and indemnify and hold harmless 1185 the City from and against any fines, penalties, or other liabilities, levied against the City for violation of such 1186 Diversion requirements. 1187
8.04 New Diversion Programs. If Contractor fails to meet any Franchised Diversion requirement 1188 or the City fails to meet any CalRecycle Diversion requirement notwithstanding Contractor’s implementation 1189 of all Diversion and public education programs as required by this Agreement, the City may direct Contractor 1190 to modify its Diversion and public education programs or implement new programs. Such modifications may 1191 constitute a City-Directed Change under Section 30. 01. Contractor shall not implement new Diversion 1192 programs not described in this Agreement without the City’s prior consent. 1193
8.05 Nothing contained herein shall prohibit Cont ractor from meeting its diversion requirements 1194 by any alternative methods or procedures, provid ed it complies with AB 939, AB 341, AB 1826, AB 1594, 1195 SB 1016, SB 1383, and / or any other Applicable Law, as may be amended from time to time. Contractor’s 1196 ability to meet its diversion requirements by alternative methods per this Section 8.05 is subject to Agreement 1197 Administrator review and approval. 1198
FINAL AGREEMENT Page 36 of 183
Article 9. Service Unit Types 1199
9.01 Service Units. Service Units include all the following categories of premises which are in 1200 the Service Area as of July 1, 2023 and all such premises which may be added to the Service Area by means 1201 of annexation, new construction, or as otherwise set forth in this Agreement during term of this Agreement: 1202
9.01.1 SFD Service Units. Services are specified in Article 10. 1203
9.01.2 MFD Service Units. Services are specified in Article 11. 1204
9.01.3 Mixed-use Development (MXD) Service Unit s. Services are specified in Article 13. 1205
9.01.4 Commercial Service Units. Se rvices are specified in Article 12. 1206
9.01.5 City Service Units. Servic es are specified in Article 14. 1207
9.01.6 Any question as to whether a premise falls within one of these categories will be 1208 determined by the Agreement Administrator and the determination of the Agreement Administrator will be 1209 final. 1210
9.02 Service Unit Changes. City and Contract or acknowledge that during the term of this 1211 Agreement it may be necessary or desirable to add or delete Service Units for which Contractor will provide 1212 Service. 1213
9.02.1 Additions and Deletions. Contractor must provide services described in this 1214 Agreement to new Service Units in Contractor’s Service Area within five (5) Work Days of receipt of notice 1215 from City or the new Service Unit to begin such Service. 1216
9.03 Annexation. If during term of the Agreement, additional territory within or adjacent to the 1217 Contractor’s Service Area is acquir ed by City through annexation, subj ect to the requirements of Public 1218 Resources Code section 49520, Contractor agrees to provide Collection Services in such annexed area in 1219 accordance with the provisions and Maximum Service Rates set forth in this Agreement after termination of 1220 former contractor’s rights to provide service have been exhausted. Such Collection Services must begin 1221 within five (5) Work Days of receipt of written notice from City. Contractor may not begin Collection Service 1222 without written authorization from City. 1223
9.04 Route Map Update. Contractor must revise the Service Unit route maps to show the 1224 addition of Service Units added due to annexation and mu st provide such revised maps to the Agreement 1225 Administrator as requested. 1226
Article 10. Residential Service 1227
10.01 SFD Conditions of Service. Except as se t forth below, Contractor must provide SFD 1228 Collection Services to all SFD Units in the Service Area, including all MFD Units subscribed to Cart or Bin 1229 Collection Service. The SFD Services are governed by the following terms and conditions: 1230 FINAL AGREEMENT Page 37 of 183
10.01.1 Curb Service. Except for those Service Recipients that choose to receive Bins for 1231 service, Contractor must provide SFD Collection Service to all SFD Service Units in the Service Area whose 1232 SFD Solid Waste is properly containerized in Ga rbage Carts, Recyclable Materials are properly 1233 containerized in Recycling Carts, except as set fort h in Section 10.08.1; Organic Wastes are properly 1234 containerized in Organic Waste Carts, except as set forth in Section 10.09.3, where the Garbage, 1235 Recycling, and Organic Waste carts have been placed within three (3) feet of the curb, swale, paved surface 1236 of the public roadway, closest accessible roadway, or other such location agreed to by Contractor and 1237 Service Recipient, that will provide safe and efficien t accessibility to Contractor's Collection crew and 1238 vehicle. 1239
10.01.2 Bundled SFD Cart Service. Except for those Service Recipients that City 1240 determines may receive In-Ground Service, and those Service Recipients that choose to receive Bins for 1241 service, Contractor will use a weekly Bundled SFD Solid Waste Collection Service system with one (1) 96-1242 Gallon Garbage Cart, one (1) 96-Gallon Recycling Cart, and one (1) 96-Gallon Organic Waste Cart as part 1243 of the base SFD Solid Waste Collection Service. SFD Service Recipients shall receive additional Recycling 1244 Carts and additional Organic Waste Carts to be includ ed at no additional cost, if requested. Garbage, 1245 Recycling, and/or Organic Waste Carts with a capa city of 32-Gallon or 64-Gallon may be requested by 1246 Customers that have space co nstraints. Pricing for downsizing Carts, or additional Carts, relative to the 1247 base Bundled Service are included in Exhibit 1. 1248
10.01.3 In-Ground Container Collection. Contractor shall continue to provide weekly Solid 1249 Waste Collection Service to SFD Service Recipients with in-ground Containers (“In-Ground Service”). 1250 Contractor shall remove such Containers form their in-ground housing, bring them to the Collection Vehicle 1251 for dumping, and return them to the in-ground housing, covered. Contractor shall not be obligated to provide 1252 Service Recipients In-Ground Service with Organic Wa ste Collection as set forth in Section 10.09. 1253 Contractor is not obligated to restart In-Ground Service after Bundled SFD Cart Service is started. Maximum 1254 Service Rates for Service Recipients receiving Collection Service with in-ground Containers are set forth in 1255 Exhibit 1. 1256
10.01.4 On-Premises Service. Notwithstanding any term or definition set forth in this 1257 Agreement, Contractor must provide Collection of SFD Garbage, Recycling, and Organic Waste on the 1258 SFD Service Recipients premises to an SFD Service Unit as follows. 1259
10.01.4.1 At no additional cost to the SFD Service Unit. SFD Service Units 1260 where all adult Service Recipients residing therein hav e disabilities that prevent them from setting their 1261 Garbage, Recycling or Organic Waste Cart at the curb for Collection, and if a request for on-premises 1262 service has been made. 1263
10.01.4.2 At an additional cost to the SFD Service Unit. 1264 A. SFD Service Units where topography, st eep driveways, below grade dwellings, or 1265 limited access to public streets that prevents the SFD Service Reci pient from setting their Garbage, 1266 Recycling or Organic Waste Cart at the curb for Co llection, as determined by the City and agreed by the 1267 Contractor, and if a request for on-premises service has been made. 1268 FINAL AGREEMENT Page 38 of 183
B. SFD Service Units inaccessible by sta ndard 3 or 4 axel Collection Vehicles as 1269 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the 1270 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult 1271 or impossible to access using regular trash collection trucks. 1272 C. Contractor must offer “ push services” to SFD Service Recipients other than those 1273 listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push services 1274 include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers 1275 from their storage location for Collection and return ing the Collection Containers back to their storage 1276 location. 1277
10.01.4.3 Contractor must provide on -premises Collection Service on the 1278 same Work Day that curbside Collection would otherwise be provided to the SFD Service Unit. 1279
10.02 Frequency and Scheduling of Service. Except as set forth in Section 10.10, SFD Collection 1280 Service must be provided one (1) time per week on a scheduled route basis. SFD Collection Service must 1281 be scheduled so that all Service Units receive Garba ge Collection Service, Recycling Collection Service, 1282 and Organic Waste Collection Service on the same Work Day. SFD Collection Service must be provided, 1283 commencing no earlier than 7:00 a.m. and terminat ing no later than 7:00 p.m., Monday through Friday, 1284 except for Holidays in accordance with Section 5.03. The hours, day, or both of Collection may be extended 1285 due to extraordinary circumstances or conditions with the prior verbal or written consent of the Agreement 1286 Administrator. 1287
10.03 Manner of Collection. The Contractor must provide Collec tion Service with as little 1288 disturbance as possible and must leave any Garbage, Recycling or Organic Waste Cart in an upright position 1289 at the same point it was Collected without obstructing alleys, roadways, driveways, sidewalks or mail boxes. 1290 Contractor’s employees providing Collection Service must follow the regular walk for pedestrians while on 1291 private property and may not trespass nor cross property to the adjoining premises unless the occupant or 1292 owner of both properties has given permission. Care should be taken to prevent damage to property, 1293 including flowers, shrubs, and other plantings. 1294
10.04 New Carts and Kitchen Food Waste Pails. At the start of this Agreement, Contractor must 1295 supply new Carts and Kitchen Food Waste Pails that comply with Collection Container specifications in 1296 Exhibit 4. If any changes to these specifications are adopted after the Effective Date that results in Contractor 1297 being required to replace Collection Containers before they have been fully depreciated, Contactor will be 1298 eligible for additional compensation in accordance with Section Error! Reference source not found.. 1299
10.05 Replacement of Carts. Cont ractor’s employees must take care to prevent damage to Carts 1300 by unnecessary rough treatment. However, any Cart damaged by the Contractor must be replaced by 1301 Contractor, at Contractor's expense, within five (5) Wo rk Days at no cost or in convenience to the Service 1302 Recipient. 1303
10.05.1 Upon notification to Contractor by Ci ty or a Service Recipient that the Service 1304 Recipient’s Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor 1305 must deliver a replacement Cart(s) to such Service Re cipient within five (5) Work Days. Contractor must 1306 FINAL AGREEMENT Page 39 of 183
maintain records documenting all Cart replacements occurring and report through the Waste Reporting 1307 System monthly. 1308
10.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or 1309 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except 1310 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where 1311 Contractor elects to replace a Cart rather than repair it on-site, Contractor will be compensated for the cost 1312 of those replacements in excess of on e (1) per type of Cart per Servic e Recipient during the term of the 1313 Agreement, in accordance with the “Cart Exchange” Se rvice Rate set forth in Exhibit 1, or as may be 1314 adjusted by the City from time to time as provided under this Agreement. 1315
10.05.3 Contractor understands and agrees that this provision is intended to be applied on 1316 a per Cart type, individual Service Recipient basis and accordingly eac h Service Recipient could receive 1317 up to three (3) replacement Carts, one (1) of each type, every ten (10) years during the term of the contract. 1318
10.05.4 Repair of Garbage, Recycling and Organic Waste Carts. Contractor is responsible 1319 for the repair of Carts, including but not be limited to, hinged lids, wheels and axles. Within five (5) Work 1320 Days of notification by the City or a Service Recipient of the need for such repairs, Contractor must repair 1321 the Cart or if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service Recipient. 1322
10.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that 1323 a change in the size of a Cart is re quested, Contractor must deliver such Cart to such Service Recipient 1324 within five (5) Work Days. Each SFD Service Unit is eligible to receive one (1) free Cart exchange per 1325 Calendar Year during the term of this Agreement for moving to a larger Cart size. Each SFD Service Unit 1326 is eligible to receive unlimited Cart exchanges per Ca lendar Year during the term of this Agreement for 1327 moving to a smaller Cart size. Acco rdingly, Contractor will be compensa ted only for the cost of those 1328 exchanges in excess of one (1) per Calendar Year for th ose Service Units receiving larger Cart sizes, in 1329 accordance with the “Cart Exchange” service rate as set forth in Exhibit 1 or as may be adjusted this 1330 Agreement. 1331
10.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service 1332 Recipient that additional Carts for Garbage, Recycl able Materials, or Organi c Waste are requested, 1333 Contractor shall deliver such Carts to such Service Recipient within five (5) Work Days, at the rate set forth 1334 in Exhibit 1. 1335
10.05.7 Ownership of Carts. Ownership of Carts is vested in the Contractor. 1336
10.06 Cleaning of Collection Co ntainers. Once each Calendar Year, if requested by the SFD 1337 Service Recipient, Contractor must clean all Collecti on Containers at the SFD’s premises or must replace 1338 the dirty Collection Containers with clean Collection Containers. Any Collection Container cleanings must 1339 be done in such a manner that results in no water entering the City’s storm drain system. This service must 1340 be provided at no charge to the Service Recipient, so long as the service is not requested more than once 1341 per Calendar Year. In addition, regardless of whet her or not this cleaning is requested by the Service 1342 Recipient, Contractor will ensure that all Collection Containers are cleaned on an as-needed basis so as to 1343 FINAL AGREEMENT Page 40 of 183
maintain a clean appearance and proper function. A dditional cleanings beyond once each Calendar Year 1344 will be subject to the Service Rate set forth in Exhibit 1. 1345
10.07 SFD Garbage Collection Service. This se rvice is governed by the following terms and 1346 conditions: 1347
10.07.1 Non-Collection. Contractor is not required to Collect any Garbage that is not placed 1348 in a Garbage Cart. In the event of non-collection, Contractor will follow the steps set forth in Section 5.10. 1349
10.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of 1350 performing Collection Services must be transported to, and disposed of, at the Disposal Facilities listed in 1351 Exhibit 9. In the event the Disposal Facility is closed on a Work Day, Contractor must transport and dispose 1352 of the Garbage at another legally permitted Disposal Facility. Failure to comply with this provision will result 1353 in the levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this 1354 Agreement. 1355
10.08 SFD Recycling Service. This service is go verned by the following terms and conditions: 1356
10.08.1 Overages. Corrugated cardboard that will not fit inside the Recycling Cart may be 1357 placed beside the Recycling Cart if flattened. 1358
10.08.2 Recycling - Improper Procedure. Th e Contractor is not required to Collect 1359 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid Waste 1360 or Organic Waste. Furthermore, C ontractor is not required to Collect Recyclable Materials that are 1361 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1362 Contractor must follow the steps set forth in Section 5.07. 1363
10.08.3 Materials Recovery Facilit y. Except as provided in Section 5.07, all Recyclable 1364 Materials collected as a result of performing recycling services must be delivered to the Materials Recovery 1365 Facility listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified 1366 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to 1367 materials processing and marketing will be the sole re sponsibility of Contractor. City has the right to 1368 designate Materials Recovery Facility. 1369
10.08.4 Move In/Out Collection Service. Within three (3) months of opening a new account, 1370 at no additional charge, each SFD customer may request that Contractor provide one on-call Move-In/Out 1371 Recyclable Material Collection Service for recyclab le packaging materials such as flattened cardboard 1372 boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service for each 1373 new account. This service shall only include Recycl able Materials, and in the event that the Service 1374 Recipient includes Garbage in the materials set out for Collection by Contractor, this service shall be 1375 counted as one of the SFD Service Recipient’s free annual Large Item Collections as set forth in Section 1376
10.10. 1377
10.08.5 Recycling - Changes to Services. Should changes in Applicable Law arise that 1378 necessitate any additions or deletions to the services described in this Section 10.08, including the type of 1379 FINAL AGREEMENT Page 41 of 183
items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will enter 1380 into an Agreement amendment covering such modifications to the services to be performed and the 1381 compensation to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions 1382 to such services. 1383
10.09 SFD Organic Waste Collection Service. Th is service is governed by the following terms 1384 and conditions: 1385
10.09.1 Organic Waste Processing Services. C ontractor must ensure that all Organic 1386 Waste Collected pursuant to this Agreement is dive rted from the landfill in accordance with AB 939, AB 1387 1826, AB 1594, SB 1016 and SB 1383, and any subsequent or other Applicable Law. Contractor must 1388 ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in a landfill, except 1389 for residue resulting from processing. If the organi cs processing facility accepts bagged organic waste 1390 (where bags are biodegradable or otherwise), then Co ntractor is obligated to accept bagged Organic 1391 Waste. 1392
10.09.2 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1393 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Transfer Station, that has 1394 been listed in Exhibit 9 and agreed upon by the City. All expenses related to Organic Waste processing and 1395 marketing will be the sole responsibility of Contractor. Failure to comply with this provision will result in the 1396 levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement. 1397 City has the right to designate Organic Waste Processing Facility. 1398
10.09.3 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb 1399 for Collection during the three-week period beginning December 26 th each year during the term of this 1400 Agreement. Contractor must deliver the Collected Holiday Trees to an appropriate Organic Waste 1401 Processing Facility for Diversion through uses other than Alternative Daily Cover or Beneficial Use. This 1402 annual service will be provided at no additional charge to the Service Recipient. Contractor is not required 1403 to divert Holiday Trees with tinsel, flocking or ornaments. 1404
10.09.4 Non-Collection. Contractor is not required to Collect Organic Waste if the Service 1405 Recipient does not segregate the Organic Waste from So lid Waste or Recyclable Materials. Furthermore, 1406 Contractor is not required to Collect Organic Wastes that are contaminated through commingling with Solid 1407 Waste or Recyclable Materials. Contractor will address contamination in accordance with Section 5.07. 1408
10.09.5 Manure Collection Service. Contractor shall Collect all Manure placed in an 1409 Organic Waste Container at least once per week, or more often if arranged between Service Recipient and 1410 Contractor. Service Recipients may be instructed not to fill the Containers above a specified line or weight, 1411 so as not to damage the Containers or Collection Vehicle, and City shall resolve any disputes regarding the 1412 maximum weight that may be accommodated in such C ontainers. All Manure collected shall be diverted 1413 from landfilling through composting or other means and may not be collected or commingled with Garbage. 1414 FINAL AGREEMENT Page 42 of 183
10.09.5.1 Manure Cart Collection. Contractor shall provide Manure 1415 Collection Service to any SFD Service Recipients that require and request a Cart for Manure Collection 1416 Service at no additional charge to the Service Recipient. 1417
10.09.5.2 Manure Bin Collection. Contract or shall provide Manure Collection 1418 Service to any SFD Service Recipients that require and request a Bin for Manure Collection Service at no 1419 additional charge to the Service Recipient. 1420
10.09.6 Home Compost Bins. Contractor shall store, promote, and distribute a maximum 1421 of 500 Home Compost Bins per Calendar Year to be used by Service Recipients to compost Organic Waste. 1422 Contractor is responsible for purchase of Home Compost Bins delivered to Contractor’s place of storage. 1423
10.10 SFD Large Item Collection Service. This serv ice is governed by the following terms and 1424 conditions: 1425
10.10.1 Conditions of Service. Contractor must provide Large Item Collection Service to all 1426 SFD Service Units in the Service Area whose Large Items have been placed within three (3) feet of the 1427 curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed 1428 to by Contractor and Serv ice Recipient, that will prov ide safe and efficient acce ssibility to Contractor's 1429 Collection crew and vehicle. Up to four (4) times per Calendar Year each Service Recipient is entitled to 1430 receive large item disposal amounting to a combined annual maximum of the equivalent of (a) 1.5 cubic 1431 yards of uncontainerized Solid Waste, or (b) three (3 ) large items, or (c) ten (10) 32-gallon bags at no 1432 additional cost and expense. For subsequent collection in any Calendar Year, the Contractor shall receive 1433 compensation from the customer at the rate for such service as set in Exhibit 1. 1434
10.10.2 Frequency of Service. Large Item Collection Servic e will be provided on the next 1435 regular Collection day if the request is received at le ast two (2) Work Days in advance of the next regular 1436 Collection day. The Service Recipient may not intenti onally commingle residential Large Items with other 1437 Residential Waste. 1438
10.10.3 Large Items Containing Freon. In the ev ent Contractor Collects Large Items that 1439 contain Freon, Contractor must handle such Large Items in a manner such that the Large Items are not 1440 subject to regulation as hazardous waste under applicable State and Federal laws or regulations. 1441
10.10.4 Maximum Reuse and Recycling. Contractor must dispose of Large Items collected 1442 from Service Units pursuant to this Agreement in accordance with the following hierarchy: 1443
10.10.4.1 Reuse as is (where energy efficiency is not compromised) 1444
10.10.4.2 Disassemble for reuse or Recycling 1445
10.10.4.3 Recycle 1446
10.10.4.4 Disposal 1447
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10.10.5 Disposal of Large Items. Contractor may not landfill such Large Items unless the 1448 Large Items cannot be reused or recycled. 1449
10.10.6 City Direction of Large Items. City reserv es the right to direct Contractor to take 1450 specific types of Large Items Collected pursuant to th is Section to designated sites not more than twenty 1451 (20) miles from any City boundary for the purpose of reuse or recycling at no cost. Contractor has no 1452 obligation to dispose of the Large Item residue remaining at the directed site or sites after scavengers and 1453 recyclers have removed reusable or recyclable Large Items. 1454
10.11 Sharps Collection Program. Home gener ated sharps, such as needles, syringes, and 1455 lancets shall be placed in a sharps container and re moved from the regular waste stream to minimize 1456 exposure to Solid Waste workers and Recyclable Materials processors. To ensure sharps are handled in a 1457 appropriate manner, Contractor sha ll provide, upon request, each SFD Service Recipient with up to one 1458 postage-paid mail-back sharps container per year at no additional cost. Seniors shall be provided with up to 1459 two postage-paid mail-back sharps containers per year at no additional cost. In addition, Contractor shall 1460 promote this program in newsletters and in other forms of outreach as deter mined by City. Additionally, 1461 Contractor shall provide to the City on an annual basis not less than 200 postage-paid mail-back Sharps 1462 containers for City staff to distribute at special events. 1463
10.12 Extended Producer Responsibility Diversion Program. Contractor shall provide a minimum 1464 of two City-wide textile, carpet, and mattress collection drives on an annual basis. Contractor will schedule 1465 collection events with City approval and advertise the drop-off events not less than one week prior to the 1466 scheduled collection event, but no more than one month prior to the scheduled collection event. All textile, 1467 carpet and mattresses Collected through this program shall be diverted from the landfill either through 1468 donation to a local non-profit organization or through other means of Diversion. 1469 Article 11. MFD Service 1470
11.01 MFD Conditions of Service. Except as se t forth below, Contractor must provide MFD 1471 Collection Services to all MFD Units in the Service Area. The MFD Serv ices are governed by the following 1472 terms and conditions: 1473
11.01.1 Bundled MFD Cart Service. Except fo r those Service Recipients that choose to 1474 receive Bins for service, Contractor must provide MFD Collection Service to all MFD Service Units in the 1475 Service Area whose MFD Solid Waste is properly co ntainerized in Garbage Carts, Recyclable Materials 1476 are properly containerized in Recycling Carts, except as set forth in Section 11.08.1; Organic Wastes are 1477 properly containerized in Organic Waste Carts, except as set forth in Section 11.09.3, where the Garbage, 1478 Recycling, and Organic Waste carts have been placed within three (3) feet of the curb, swale, paved surface 1479 of the public roadway, closest accessible roadway, or other such location agreed to by Contractor and 1480 Service Recipient, that will provide safe and efficien t accessibility to Contractor's Collection crew and 1481 vehicle. 1482
11.01.2 Bundled MFD Bin Service. Contractor must provide MFD Solid Waste Collection 1483 Service to MFD Service Units in the Service Area that choose to receive Bins for service. MFD Collection 1484 FINAL AGREEMENT Page 44 of 183
Service shall be provided in Garbag e Bins at the size and frequency as requested by the MFD Service 1485 Recipient, and including at no additional cost the equ ivalent volume of recycling, and one (1) 32-Gallon 1486 Organic Waste Cart per 2 cu yd of weekly Garba ge service as part of the base bundled MFD Collection 1487 Service. MFD Service Recipients shall receive additional Recycling Carts and additional Green Waste Carts 1488 to be included at no additional cost, if requested. The actual configuration of Recycling and Organic Waste 1489 Cart and/or Bin sizes shall be based on the total equivalent volume and configured in a manner determined 1490 by the Service Recipient in consultation with the Co ntractor. Additional services may be requested by the 1491 MFD Service Recipient. To be exempted from MFD Recycling Service or MFD Organic Waste Collection 1492 Service, Service Recipient must apply for exemption to the Contractor. All such exemption applications 1493 must be reported in the Waste Reporting System and approved by the City. Pricing for downsizing Carts, 1494 or additional Carts, relative to the base Bundled Service are included in Exhibit 1. 1495
11.01.3 In-Ground Container Collection. Contractor shall continue to provide weekly Solid 1496 Waste Collection Service to MFD Service Recipient s with in-ground Container s (“In-Ground Service”). 1497 Contractor shall remove such Containers form their in-ground housing, bring them to the Collection Vehicle 1498 for dumping, and return them to the in-ground housing, covered. Contractor shall not be obligated to provide 1499 Service Recipients In-Ground Service with Organic Wa ste Collection as set forth in Section 11.09. 1500 Contractor is not obligated to restart In-Ground Se rvice after Bundled MFD Cart Service is started. 1501 Maximum Service Rates for Service Recipients receiving Collection Service with in-ground Containers are 1502 set forth in Exhibit 1. 1503
11.01.4 On-Premises Service. Notwithstanding any term or definition set forth in this 1504 Agreement, Contractor must provide Collection of MFD Garbage, Recycling, and Organic Waste on the 1505 MFD Service Recipients premises to an MFD Service Unit as follows. 1506
11.01.4.1 At no additional cost to the MFD Service Unit. MFD Service Units 1507 where all adult Service Recipients residing therein hav e disabilities that prevent them from setting their 1508 Garbage, Recycling or Organic Waste Cart at the curb for Collection, and if a request for on-premises 1509 service has been made. 1510
11.01.4.2 At an additional cost to the MFD Service Unit. 1511 A. MFD Service Units where topography, st eep driveways, below grade dwellings, or 1512 limited access to public streets t hat prevents the MFD Service Recipi ent from setting their Garbage, 1513 Recycling or Organic Waste Cart at the curb for Co llection, as determined by the City and agreed by the 1514 Contractor, and if a request for on-premises service has been made. 1515 B. MFD Service Units inacce ssible by standard 3 or 4 ax el Collection Vehicles as 1516 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the 1517 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult 1518 or impossible to access using regular trash collection trucks. 1519 C. Contractor must offer “ push services” to MFD Service Recipients other than those 1520 listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push services 1521 include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers 1522 FINAL AGREEMENT Page 45 of 183
from their storage location for Collection and return ing the Collection Containers back to their storage 1523 location. 1524
11.01.4.3 Contractor must provide on -premises Collection Service on the 1525 same Work Day that curbside Collection would otherwise be provided to the MFD Service Unit. 1526
11.02 Frequency and Scheduling of Service. This service must be provided as deemed 1527 necessary and determined between Contractor and the MFD Service Unit, but such service must be received 1528 no less than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection 1529 service scheduled to fall on a holiday may be resc heduled as determined between the Service Unit and 1530 Contractor as long as the minimum frequency requir ement is met. The size of the container and the 1531 frequency (above the minimum) of Collection will be determined between the MFD Service Unit and 1532 Contractor. However, size and frequency must be sufficient to provide that no Solid Waste need be placed 1533 outside the Collection Container. Cont ractor must provide containers as part of the Commercial Collection 1534 Maximum Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own Compactor 1535 provided that the Service Recipient is complete ly responsible for its proper maintenance, and such 1536 Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers used 1537 by Service Recipients must be owned and supplied by Contractor. 1538
11.03 Manner of Collection. The Contractor must provide Collec tion Service with as little 1539 disturbance as possible and must leave any Garbage, Recycling or Organic Waste Cart in an upright position 1540 at the same point it was Collected without obstructing alleys, roadways, driveways, sidewalks or mail boxes. 1541 Contractor’s employees providing Collection Service must follow the regular walk for pedestrians while on 1542 private property and may not trespass nor cross property to the adjoining premises unless the occupant or 1543 owner of both properties has given permission. Care should be taken to prevent damage to property, 1544 including flowers, shrubs, and other plantings. 1545
11.04 New Carts and Kitchen Food Waste Pails. At the start of this Agreement, Contractor must 1546 supply new Carts and Kitchen Food Waste Pails that comply with Collection Container specifications in 1547 Exhibit 4. If any changes to these specifications are adopted after the Effective Date that results in Contractor 1548 being required to replace Collection Containers before they have been fully depreciated, Contactor will be 1549 eligible for additional compensation in accordance with Section Error! Reference source not found.. 1550
11.05 Replacement of Carts. Cont ractor’s employees must take care to prevent damage to Carts 1551 by unnecessary rough treatment. However, any Cart damaged by the Contractor must be replaced by 1552 Contractor, at Contractor's expense, within five (5) Wo rk Days at no cost or in convenience to the Service 1553 Recipient. 1554
11.05.1 Upon notification to Contractor by Ci ty or a Service Recipient that the Service 1555 Recipient’s Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor 1556 must deliver a replacement Cart(s) to such Service Re cipient within five (5) Work Days. Contractor must 1557 maintain records documenting all Cart replacements occurring and report through the Waste Reporting 1558 System monthly. 1559
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11.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or 1560 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except 1561 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where 1562 Contractor elects to replace a Cart rather than repair it on-site, Contractor will be compensated for the cost 1563 of those replacements in excess of on e (1) per type of Cart per Servic e Recipient during the term of the 1564 Agreement, in accordance with the “Cart Exchange” Se rvice Rate set forth in Exhibit 1, or as may be 1565 adjusted by the City from time to time as provided under this Agreement. 1566
11.05.3 Contractor understands and agrees that this provision is intended to be applied on 1567 a per Cart type, individual Service Recipient basis and accordingly eac h Service Recipient could receive 1568 up to three (3) replacement Carts, one (1) of each type, every ten (10) years during the term of the contract. 1569
11.05.4 Repair of Garbage, Recycling and Organic Waste Carts. Contractor is responsible 1570 for the repair of Carts, including but not be limited to, hinged lids, wheels and axles. Within five (5) Work 1571 Days of notification by the City or a Service Recipient of the need for such repairs, Contractor must repair 1572 the Cart or if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service Recipient. 1573
11.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that 1574 a change in the size of a Cart is re quested, Contractor must deliver such Cart to such Service Recipient 1575 within five (5) Work Days. Each MFD Service Unit is eligible to receive one (1) free Cart exchange per 1576 Calendar Year during the term of this Agreement for moving to a larger Cart size. Each MFD Service Unit 1577 is eligible to receive unlimited Cart exchanges per Ca lendar Year during the term of this Agreement for 1578 moving to a smaller Cart size. Acco rdingly, Contractor will be compensa ted only for the cost of those 1579 exchanges in excess of one (1) per Calendar Year for th ose Service Units receiving larger Cart sizes, in 1580 accordance with the “Cart Exchange” service rate as set forth in Exhibit 1 or as may be adjusted this 1581 Agreement. 1582
11.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service 1583 Recipient that additional Carts for Garbage, Recycl able Materials, or Organi c Waste are requested, 1584 Contractor shall deliver such Carts to such Service Recipient within five (5) Work Days, at the rate set forth 1585 in Exhibit 1. 1586
11.05.7 Ownership of Carts. Ownership of Carts is vested in the Contractor. 1587
11.06 Cleaning of Collection Cont ainers. Once each Calendar Year, if requested by the MFD, 1588 Contractor must clean all Collection Containers at the MFD’s premises or must replace the dirty Collection 1589 Containers with clean Collection Containers. Any Colle ction Container cleanings must be done in such a 1590 manner that results in no water entering the City’s storm drain system. This service must be provided at no 1591 charge to the Service Recipient, so long as the service is not requested more than once per Calendar Year. 1592 In addition, regardless of whether or not this cleaning is requested by the Service Recipient, Contractor will 1593 ensure that all Collection Containers are cleaned on an as-needed basis so as to maintain a clean 1594 appearance and proper function. Additional cleanings beyond once each Calendar Year will be subject to 1595 the Service Rate set forth in Exhibit 1. 1596
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11.07 MFD Garbage Collection Service. This se rvice is governed by the following terms and 1597 conditions: 1598
11.07.1 Non-Collection. Contractor is not required to Collect any Garbage that is not placed 1599 in a Garbage Cart. In the event of non-collection, Contractor will follow the steps set forth in Section 5.10. 1600
11.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of 1601 performing Collection Services must be transported to, and disposed of, at the Disposal Facilities listed in 1602 Exhibit 9. In the event the Disposal Facility is closed on a Work Day, Contractor must transport and dispose 1603 of the Garbage at another legally permitted Disposal Facility. Failure to comply with this provision will result 1604 in the levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this 1605 Agreement. 1606
11.08 MFD Recycling Service. This service is governed by the following terms and conditions: 1607
11.08.1 Overages. Corrugated cardboard that will not fit inside the Recycling Cart may be 1608 placed beside the Recycling Cart if flattened. 1609
11.08.2 Recycling - Improper Procedure. Th e Contractor is not required to Collect 1610 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid Waste 1611 or Organic Waste. Furthermore, C ontractor is not required to Collect Recyclable Materials that are 1612 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1613 Contractor must follow the steps set forth in Section 5.07. 1614
11.08.3 Materials Recovery Facilit y. Except as provided in Section 5.07, all Recyclable 1615 Materials collected as a result of performing recycling services must be delivered to the Materials Recovery 1616 Facility listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified 1617 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to 1618 materials processing and marketing will be the sole re sponsibility of Contractor. City has the right to 1619 designate Materials Recovery Facility. 1620
11.08.4 Move In/Out Collection Service. Within three (3) months of opening a new account, 1621 at no additional charge, each MFD customer may request that Contractor provide one on-call Move-In/Out 1622 Recyclable Material Collection Service for recyclab le packaging materials such as flattened cardboard 1623 boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service for each 1624 new account. This service shall only include Recycl able Materials, and in the event that the Service 1625 Recipient includes Garbage in the materials set out for Collection by Contractor, this service shall be 1626 counted as one of the MFD Service Recipient’s free annual Large Item Collections as set forth in Section 1627
11.10. 1628
11.08.5 Recycling - Changes to Services. Should changes in Applicable Law arise that 1629 necessitate any additions or deletions to the services described in this Section 11.08, including the type of 1630 items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will enter 1631 into an Agreement amendment covering such modifications to the services to be performed and the 1632 FINAL AGREEMENT Page 48 of 183
compensation to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions 1633 to such services. 1634
11.09 MFD Organic Waste Collection Service. Th is service is governed by the following terms 1635 and conditions: 1636
11.09.1 Organic Waste Processing Services. C ontractor must ensure that all Organic 1637 Waste Collected pursuant to this Agreement is dive rted from the landfill in accordance with AB 939, AB 1638 1826, AB 1594, SB 1016 and SB 1383, and any subsequent or other Applicable Law. Contractor must 1639 ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in a landfill, except 1640 for residue resulting from processing. If the organi cs processing facility accepts bagged organic waste 1641 (where bags are biodegradable or otherwise), then Co ntractor is obligated to accept bagged Organic 1642 Waste. 1643
11.09.2 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1644 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Transfer Station, that has 1645 been listed in Exhibit 9 and agreed upon by the City. All expenses related to Organic Waste processing and 1646 marketing will be the sole responsibility of Contractor. Failure to comply with this provision will result in the 1647 levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement. 1648 City has the right to designate Organic Waste Processing Facility. 1649
11.09.3 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb 1650 for Collection during the three-week period beginning December 26 th each year during the term of this 1651 Agreement. Contractor must deliver the Collected Holiday Trees to an appropriate Organic Waste 1652 Processing Facility for Diversion through uses other than Alternative Daily Cover or Beneficial Use. This 1653 annual service will be provided at no additional charge to the Service Recipient. Contractor is not required 1654 to divert Holiday Trees with tinsel, flocking or ornaments. 1655
11.09.4 Non-Collection. Contractor is not required to Collect Organic Waste if the Service 1656 Recipient does not segregate the Organic Waste from So lid Waste or Recyclable Materials. Furthermore, 1657 Contractor is not required to Collect Organic Wastes that are contaminated through commingling with Solid 1658 Waste or Recyclable Materials. Contractor will address contamination in accordance with Section 5.07. 1659
11.09.5 Manure Collection Service. Contractor shall Collect all Manure placed in an 1660 Organic Waste Container at least once per week, or more often if arranged between Service Recipient and 1661 Contractor. Service Recipients may be instructed not to fill the Containers above a specified line or weight, 1662 so as not to damage the Containers or Collection Vehicle, and City shall resolve any disputes regarding the 1663 maximum weight that may be accommodated in such C ontainers. All Manure collected shall be diverted 1664 from landfilling through composting or other means and may not be collected or commingled with Garbage. 1665
11.09.5.1 Manure Cart Collection. Contractor shall provide Manure 1666 Collection Service to any MFD Servic e Recipients that require and request a Cart for Manure Collection 1667 Service at no additional charge to the Service Recipient. 1668 FINAL AGREEMENT Page 49 of 183
11.09.5.2 Manure Bin Collection. Contract or shall provide Manure Collection 1669 Service to any MFD Service Recipients that require and request a Bin for Manure Collection Service at no 1670 additional charge to the Service Recipient. 1671
11.09.6 Home Compost Bins. Contractor shall store, promote, and distribute a maximum 1672 of 500 Home Compost Bins per Calendar Year to be used by Service Recipients to compost Organic Waste. 1673 Contractor is responsible for purchase of Home Compost Bins delivered to Contractor’s place of storage. 1674
11.10 MFD Large Item Collection Service. This se rvice is governed by the following terms and 1675 conditions: 1676
11.10.1 Conditions of Service. Contractor must provide Large Item Collection Service to all 1677 MFD Service Units in the Service Area whose Large Items have been placed within three (3) feet of the 1678 curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed 1679 to by Contractor and Serv ice Recipient, that will prov ide safe and efficient acce ssibility to Contractor's 1680 Collection crew and vehicle. Up to four (4) times per Calendar Year each Service Recipient is entitled to 1681 receive large item disposal amounting to a combined annual maximum of the equivalent of (a) 1.5 cubic 1682 yards of uncontainerized Solid Waste, or (b) three (3 ) large items, or (c) ten (10) 32-gallon bags at no 1683 additional cost and expense. For subsequent collection in any Calendar Year, the Contractor shall receive 1684 compensation from the customer at the rate for such service as set in Exhibit 1. 1685
11.10.2 Frequency of Service. Large Item Collection Servic e will be provided on the next 1686 regular Collection day if the request is received at le ast two (2) Work Days in advance of the next regular 1687 Collection day. The Service Recipient may not intenti onally commingle residential Large Items with other 1688 Residential Waste. 1689
11.10.3 Large Items Containing Freon. In the ev ent Contractor Collects Large Items that 1690 contain Freon, Contractor must handle such Large Items in a manner such that the Large Items are not 1691 subject to regulation as hazardous waste under applicable State and Federal laws or regulations. 1692
11.10.4 Maximum Reuse and Recycling. Contractor must dispose of Large Items collected 1693 from Service Units pursuant to this Agreement in accordance with the following hierarchy: 1694
11.10.4.1 Reuse as is (where energy efficiency is not compromised) 1695
11.10.4.2 Disassemble for reuse or Recycling 1696
11.10.4.3 Recycle 1697
11.10.4.4 Disposal 1698
11.10.5 Disposal of Large Items. Contractor may not landfill such Large Items unless the 1699 Large Items cannot be reused or recycled. 1700
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11.10.6 City Direction of Large Items. City reserv es the right to direct Contractor to take 1701 specific types of Large Items Collected pursuant to th is Section to designated sites not more than twenty 1702 (20) miles from any City boundary for the purpose of reuse or recycling at no cost. Contractor has no 1703 obligation to dispose of the Large Item residue remaining at the directed site or sites after scavengers and 1704 recyclers have removed reusable or recyclable Large Items. 1705 Article 12. Commercial Service 1706
12.01 Commercial Conditions of Service. Except as set forth below, Contractor must provide 1707 Commercial Collection Services to all Commercial Service Units in the Service Area, including MXD Service 1708 Units and those City Service Units listed in Exhibit 3. MFD Units se rviced with Bins will abide by the 1709 guidelines listed in this Section but are serviced as part of the Residential Collection Service. This service is 1710 governed by the following terms and conditions: 1711
12.01.1 Provision of Service. Contractor must provide Commercial Garbage Collection 1712 Service, Commercial Recycling Service and Comme rcial Organic Waste Collection Service to all 1713 Commercial Service Units Service Units in the Service Area whose Solid Waste, Recyclable Materials, and 1714 Organics Waste are properly containerized in Collecti on Containers as appropriate where the Collection 1715 Containers are accessible as set forth in Section 12 .01.4. Contractor must offer Garbage, Recyclable 1716 Materials, and Organic Waste Carts in 32, 64, and 96-gallon sizes. Contractor must offer Garbage and 1717 Recyclable Materials Bins in 1, 2, 3, 4, and 6-cubic yard sizes and 1, 2, and 3-cubic yard sizes for Organic 1718 Waste Bins. Contractor may offer Roll-off Containers in 10, 20, 30, and 40-cubic yard sizes, and Collection 1719 from Compactors. The size of the container and the frequency (above the minimum) of Collection will be 1720 determined between the Service Recipient and Contract or. However, the size and frequency must be 1721 sufficient to provide that no Garbage, Recyclable Materials, or Organic Waste need be placed outside the 1722 Collection Container. The base Commercial Collection Service will include Commercial Recycling Service 1723 as described in Section 12.04.2 below, and Commercial Organic Waste Collection Service as described in 1724 Section 12.05.5 below. 1725
12.01.2 Bundled Service. For the Commercial Solid Waste Collection Service system, 1726 Contractor shall provide Garbage Bins as requeste d by the Commercial Service Recipient, and including 1727 at no additional cost the equivalent volume of recy cling, and one (1) 32-Gallon Organic Waste Cart per 2 1728 cu yd of weekly trash (garbage plus recycling) servic e as part of the base bundled Commercial Collection 1729 Service. The actual configuration of Recycling and Organic Waste Cart and/or Bin sizes shall be based on 1730 the total equivalent volume and configured in a manner determined by the Service Recipient in consultation 1731 with the Contractor. Additional services may be r equested by the Commercial Service Recipient. To be 1732 exempted from Commercial Recycling Service or Co mmercial Organic Waste Collection Service, Service 1733 Recipient must apply for exemption to the Contractor. All such exemption applications must be reported in 1734 the Waste Reporting System and approved by the City. 1735
12.01.3 Hours of Collection. Commercial Collection Service must be provided as set forth 1736 in Section 15.44.600 of the Municipal Code, commencing no earlier than 5:00 a.m., and terminating no later 1737 than 7:00 p.m., Monday through Satur day, except for Holidays. If the Commercial Collection Service is 1738 adjacent to Residential Premises, then collection service will be provided no earlier than 7:00 a.m. Monday 1739 FINAL AGREEMENT Page 51 of 183
through Friday and 8:00am on Saturday. The hours, day, or both of Collection may be extended due to 1740 extraordinary circumstances or conditions with the prior verbal or written consent of the Agreement 1741 Administrator. 1742
12.01.4 Accessibility. C ontractor must Collect all Collec tion Containers that are readily 1743 accessible to Contractor's crew and vehicles and no t blocked. However, Contra ctor must provide “push 1744 services” and “stinger/scout truck services” as necessary upon request during the provision of Commercial 1745 Collection Services for the Service Rate set forth in Exhibit 1. Push services include, but are not limited to, 1746 dismounting from the Collection Vehicle, moving the Collection Containers from their storage location for 1747 Collection and returning the Collection Containers bac k to their storage location. Stinger/scout truck 1748 services provide for the retrieval of Collection Containe rs from locations with accessibility constraints that 1749 make Containers difficult or impossible to access using regular trash collection trucks. 1750
12.01.5 Manner of Collection. Contractor must provide Commercial Collection Service with 1751 as little disturbance as possible and must leave any Co llection Container at the same point it originally 1752 located without obstructing alleys, roadways, driveways, sidewalks or mail boxes. 1753
12.02 New Containers. At the start of this Ag reement, Contractor must supply new Carts and 1754 newly painted Bins and Roll-off Containers in good co ndition that comply with Collection Container 1755 specifications in Exhibit 4. If any changes to these specifications are adopt ed after the Effective Date that 1756 results in Contractor being required to replace Collection Containers before they have been fully depreciated, 1757 Contactor will be eligible for additional compensation in accordance with Section 30.01.1. 1758
12.02.1 Purchase and Distribution of Collection Containers for New Commercial Service 1759 Units. Contractor must also distribute newly painted Collection Containers as specified in Exhibit 4 to new 1760 Commercial and MFD/MXD Service Units that are added to Contractor’s Service Area during the term of 1761 this Agreement. The size and mix of the Collection C ontainers will be in accor dance with the service 1762 agreement obtained by Contractor as set forth in th is Agreement and the distribution must be completed 1763 within five (5) Work Days of receipt of the request for service. 1764
12.02.2 Replacement of Collection Containe rs. Contractor’s employees must avoid 1765 damage to Collection Containers by unnecessary rough treatment. Any Collection Container damaged by 1766 the Contractor must be replaced by Contractor, at Contractor's expense, within five (5) Work Days at no 1767 cost or inconvenience to the Service Recipient. 1768
12.02.2.1 Each Commercial Service Unit is entitled to the replacement of 1769 one (1) lost, destroyed, or stolen Ga rbage, Recycling, and Organic Colle ction Container during the initial 1770 term of this Agreement at no cost to the Service Unit. Accordingly, Contractor will be compensated for the 1771 cost of those replacements in excess of one (1) Garbage, Recycling, and Organic Collection Container per 1772 Commercial Service Unit during the initial term of the Agreement, in accordance with the “Collection 1773 Container Exchange” Service Rate, as appropriate, se t forth in Exhibit 1. Contractor must deliver a 1774 replacement Collection Container to such Service Unit within five (5) Work Days. 1775 FINAL AGREEMENT Page 52 of 183
12.02.3 Repair of Collection Containers. Contractor is responsible for repair of Collection 1776 Containers. Within five (5) Work Da ys of notification by City or a Se rvice Recipient of the need for such 1777 repairs, Contractor must repair the Collection Containe r or if necessary, remove the Collection Container 1778 for repairs and deliver a replacement Collection Cont ainer to the Service Recipient. Collection Container 1779 repair also includes the removal of graffiti from the Collection Container. 1780
12.02.4 Collection Container Exchange. Upon notification to Contractor by City or a Service 1781 Recipient that a change in their Collection Containers is required, Contractor must deliver such Collection 1782 Containers to such Service Recipient within five (5) Work Days. Each Commercial Service Unit is eligible 1783 to receive one (1) free Collection Container exchange per Calendar Year during the term of this Agreement. 1784 Contractor is allowed to charge the Service Unit fo r the cost of those exchanges in excess of one (1) 1785 Collection Container exchange per Calendar Year, in accordance with the appropriate “Collection Container 1786 Exchange” service rate set forth in Exhibit 1 as may be adjusted by City under this Agreement. Additional 1787 Collection Containers or different size Collection Containers are subject to the applicable Service Rate set 1788 forth in Exhibit 1. 1789
12.02.5 Ownership of Collection Containe rs. Ownership of Collection Containers 1790 distributed by Contractor is vested in Contractor. 1791
12.02.6 Cleaning of Collection Containers. Once each Calendar Year, if requested by the 1792 Commercial Service Unit, Contractor must clean all Collection Containers at the Commercial Service Unit’s 1793 premises or must replace the dirt y Collection Containers with clean Co llection Containers. Any Collection 1794 Container cleanings must be done in such a manner that results in no water entering the City’s storm drain 1795 system. This service must be provided at no charge to the Service Unit, so long as the service is not 1796 requested more than once per Calendar Year. In additi on, regardless of whether or not this cleaning is 1797 requested by the Service Unit, Contractor will ensure that all Collection Containers are cleaned on an as-1798 needed basis so as to maintain a clean appearance and proper function. Additional cleanings beyond once 1799 each Calendar Year will be subject to the Service Rate set forth in Exhibit 1. 1800
12.03 Commercial Garbage Collection Service. 1801
12.03.1 Conditions of Servic e. Contractor must provi de Commercial Garbage Collection 1802 Service to all Commercial Service Units in the Serv ice Area whose Garbage is properly containerized in 1803 Garbage Collection Containers, where the Garbage Collection Containers are accessible. 1804
12.03.2 Size and Frequency of Service. Th is service must be provided as deemed 1805 necessary and determined between Cont ractor and the Commercial Service Unit, but such service must 1806 be received no less than one (1) time per week with no exception for holiday(s) as set forth herein, except 1807 that Collection service scheduled to fall on a holiday may be rescheduled as determined between the 1808 Service Unit and Contractor as long as the minimum frequency requirement is met. The size of the container 1809 and the frequency (above the minimum) of Collection will be determined between the Commercial Service 1810 Unit and Contractor. However, size and frequency must be sufficient to provide that no Solid Waste need 1811 be placed outside the Collection Container. Contractor must provide containers as part of the Commercial 1812 Collection Maximum Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own 1813 FINAL AGREEMENT Page 53 of 183
Compactor provided that the Service Recipient is co mpletely responsible for its proper maintenance, and 1814 such Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers 1815 used by Service Recipients must be owned and supplied by Contractor. 1816
12.03.3 Non-Collection. Contractor is not required to Collect any Commercial Solid Waste 1817 that is not placed in a Garbage Collection Container unless such Commercial Solid Waste is outside the 1818 Garbage Collection Container because of overflow. In the event of non-collection or overflow, Contractor 1819 must follow the steps as set forth in Section 5.13. 1820
12.03.4 Disposal Facility. All Solid Waste collected as a result of performing Commercial 1821 Solid Waste Collection Services must be transported to , and disposed of, at the Disposal Facility. In the 1822 event the Disposal Facility is closed on a Work Day, Contractor must transport and dispose of Solid Waste 1823 at another legally permitted disposal facility. Failure to comply with this provision will result in the levy of a 1824 penalty as specified in Exhibit 6 and may result in Co ntractor being in default under this Agreement. City 1825 has the right to designate Disposal Facility and agrees to adjust Maximum Service Rates to reflect City’s 1826 exercise of flow control rights. 1827
12.04 Commercial Recycling Service. This se rvice is governed by the following terms and 1828 conditions: 1829
12.04.1 Conditions of Service. Contractor must provide Commercial Recycling Service to 1830 all Commercial Service Units in the Service Area whose Recyclable Materials are properly containerized in 1831 Recycling Collection Containers except as set forth below, where the Recycling Collection Containers are 1832 accessible. The Maximum Service Rates for Contractor’s Commercial Recycling Services are set forth in 1833 Exhibit 1. 1834
12.04.2 Base Commercial Recycling Serv ice. All Commercial Service Recipients 1835 subscribing to Commercial Solid Wa ste Collection Service must receiv e weekly collection of Recycling 1836 Materials with a minimum of at least one 96-gallon Recycling Cart per Service Recipient and included in 1837 the Bundled Rate set forth in Exhibit 1. The actual configuration of Recycling Collection Container sizes to 1838 be provided will be based on the total equivalent volu me and configured in a manner determined by the 1839 Service Recipient in consultation with Contractor. 1840
12.04.3 Size and Frequency of Service. This service will be provided as deemed necessary 1841 and determined between Contractor and the Service Recipient, but such service must be received no less 1842 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service 1843 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and 1844 Contractor as long as the minimum frequency require ment is met. Service may be provided by Collection 1845 Container at the option of the Serv ice Recipient. The size of the Collection Container and the frequency 1846 (above the minimum) of Collection will be determi ned between the Service Recipient and Contractor. 1847 However, size and frequency must be sufficient to provide that no Recyclable Materials need be placed 1848 outside the Collection Container. Contractor may ch arge for Commercial Recycling Services above the 1849 weekly trash volume equivalent and must provide Recycling Collection Containers as a part of the Bundled 1850 Service with rates set forth in Exhibit 1 . Service Recipients may own and provide their own Compactor 1851 FINAL AGREEMENT Page 54 of 183
provided that the Service Recipient is completely responsible for its pro per maintenance, and such 1852 Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers used 1853 by Service Recipients must be owned and supplied by Contractor. 1854
12.04.4 Recycling - Improper Procedure. Contractor is not r equired to Collect Recyclable 1855 Materials if the Service Recipient does not segregate the Recyclable Materials from Commercial Solid 1856 Waste and Organic Waste. Furthermore, Contractor is not required to collect Recyclable Materials that are 1857 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1858 Contractor must follow the steps as set forth in Section 5.07. 1859
12.04.5 Materials Recovery Facility. All Recy clable Materials Collected as a result of 1860 performing Recycling Services must be delivered to the Mate rials Recovery Facility listed in Exhibit 9. 1861 Failure to comply with this provision will result in the levy of a penalty as specified in Exhibit 6 and may 1862 result in Contractor being in default under this Agreement. All expenses related to materials processing and 1863 marketing will be the sole responsib ility of Contractor. City has the ri ght to designate Ma terials Recovery 1864 Facility and agrees to adjust Maximum Service Rates to reflect City’s exercise of flow control rights. 1865
12.04.6 Recycling - Changes to Work. Should changes in law arise that necessitate any 1866 additions or deletions to the work described herein including the type of items included as Recyclable 1867 Materials, the parties will negotiate any necessary cost changes and will enter into an Agreement 1868 amendment covering such modifications to the work to be performed and the compensation to be paid in 1869 accordance with Section 30.01.1 before undertaking any changes or revisions to such work. 1870
12.04.7 Compliance with AB 341 & SB 1383. Contractor will develop and maintain its 1871 Commercial Recycling Service in a manner designed to assist City and the Service Recipients to achieve 1872 and maintain compliance with AB 341 and SB 1383. Contra ctor will notify Commercial Service Recipients 1873 of the requirements to comply with the laws in November 2023, and not less than annually thereafter. 1874 Contractor must provide the necessary volume of Collection Service to Commercial Service Units in order 1875 to be in full compliance with the law. In conjunction with the City’s ordinance supporting full compliance with 1876 AB 341 and SB 1383 by Commercial Service Units (i.e., “ generators”), Contractor will conduct in-person 1877 outreach to all non-participating commercial cove red generators a minimum of once per calendar year. 1878 Failure to conduct such outreach will result in a penalty as specified in Exhibit 6. 1879
12.04.8 Additional Recycling Collection contai ners. Contractor must provide additional 1880 Recycling Collection Containers to Commercial Service Recipients above the minimum requirements within 1881 five (5) days of request and may charge for su ch additional capacity set forth in Exhibit 1 provided that 1882 additional Collection Containers are used by Service Recipients for the purposes of setting out additional 1883 Recyclable Materials for regular weekly Commercial Recycling Service. 1884
12.05 Commercial Organic Waste Collection Servic e. This service is governed by the following 1885 terms and conditions: 1886
12.05.1 Conditions of Service. Contract or must provide Commercial Organic Waste 1887 Collection Service to all Commercial Service Units in the Service Area whose Organic Waste is properly 1888 FINAL AGREEMENT Page 55 of 183
containerized in Organic Collection Containers, w here the Organic Waste Co llection Containers are 1889 accessible. Contractor will conduct a site visit with each no n-exempt Service Recipient to determine the 1890 specific materials to be included the Service Recipient’s Organic Waste Collection (i.e., Food Waste, Green 1891 Waste, combined Food and Green Waste). Contractor will charge for collection of Organic Waste within the 1892 Bundled Service rate specified in Exhibit 1. For Or ganic Waste collected in Collection Containers beyond 1893 the size specified in the Bundled Service rate, Contra ctor will charge at the rate set forth in Exhibit 1. 1894 Contractor agrees that not all Service Units will elect to receive Organic Waste Collection Service in Carts, 1895 and that Contractor will provide Or ganic Waste Collection Bins upon request and as necessary. Service 1896 Recipients may elect to add Green Waste only Collection Bins to their service at pricing included in Exhibit 1897
1. Contractor will provide a sufficient number of Collection Containers and at a collection frequency to allow 1898 for any such Service Unit to utilize the collection of Organic Waste. Commercial Organic Waste Collection 1899 will occur Monday through Saturday upon request and as necessary. City shall provide Contractor a list of 1900 the names and addresses of Commercial Service Un its that are approved by Ci ty for exemption from 1901 Organic Waste Collection. 1902
12.05.2 Organic Waste Processing Services. C ontractor must ensure that all Organic 1903 Waste Collected pursuant to this Agreement is dive rted from the landfill in accordance with AB 939, AB 1904 1826, AB 1594, SB 1016 and SB 1383, and any subsequent or other Applicable Law. Contractor must 1905 ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in a landfill, except 1906 for residue resulting from processing. If the organics processing facility accepts bagged organic waste, then 1907 Contractor is obligated to accept bagged Organic Waste. 1908
12.05.3 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1909 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Organic Waste transfer 1910 station listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified 1911 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to 1912 Organic Waste processing and marketing will be the sole responsibility of Contractor. City has the right to 1913 designate Organic Waste Processing Facility and agrees to adjust Maximum Service Rates to reflect City’s 1914 exercise of flow control rights. 1915
12.05.4 Organic Waste Collection Frequency. C ontractor must comply with CalRecycle 1916 collection frequency requirements as they may apply during the term of this Agreement. If any such changes 1917 to collection frequency are adopted after Effective Date that result in Contractor being allowed to reduce 1918 the frequency of Garbage or Organic Waste Collection, or otherwise cause Contractor to reduce its 1919 collection costs as a result in a change in Garbage or Organic Waste collection frequency, Contractor must 1920 provide City with its estimate of reduced its costs and shall make adjustments to the Maximum Service 1921 Rates. 1922
12.05.5 Base Commercial Organic Waste Serv ice. All Commercial Service Recipients 1923 subscribing to Commercial Garbage Collection Servic e must receive weekly collection of the equivalent 1924 volume of at least one (1) 32-gallon Organic Waste Ca rt per Service Recipient included in the Bundled 1925 Service rate. The actual configuration of Organic Wa ste Collection Container sizes to be provided will be 1926 based on the total equivalent volume and configured in a manner determined by the Service Recipient in 1927 FINAL AGREEMENT Page 56 of 183
consultation with Contractor. Contractor may charge for Commercial Organic Waste Collection as set forth 1928 in Exhibit 1 for Commercial Organic Waste Service greater than the base 32-gallon Organic Waste Cart. 1929
12.05.6 Size and Frequency of Service. This service will be provided as deemed necessary 1930 and determined between Contractor and the Service Recipient, but such service must be received no less 1931 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service 1932 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and 1933 Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin or Cart 1934 at the option of the Service Recipient. The size of the container and the frequency (above the minimum) of 1935 Collection will be determined between the customer and Contractor. However, size and frequency must be 1936 sufficient to provide that no Organic Waste needs be placed outside the Collection Container. Service 1937 Recipients may own and provide their own Compactor provided that the Service Recipient is completely 1938 responsible for its proper maintenance, and such Compactor is of a type that is compatible with Contractor's 1939 equipment. All other Collection Containers used by Service Recipients must be owned and supplied by 1940 Contractor. 1941
12.05.7 Organic Waste - Improper Procedure. Contractor is not required to Collect Organic 1942 Waste if the Service Recipient does not separate the Organic Waste from Solid Waste and Recyclable 1943 Materials. Furthermore, Contractor is not required to collect Organic Waste that is contaminated through 1944 commingling with Solid Waste or Recyclable Materials. To address contamination, Contractor must follow 1945 the steps set forth in Section 5.07. 1946
12.05.8 Organic Waste - Changes to Servic es. Should changes in law arise that 1947 necessitate any additions or deletions to the services described in this Section including the type of items 1948 included as Organic Waste, the parties will negotiate any necessary cost changes and will enter into an 1949 Agreement amendment covering such modifications to the services to be performed and the compensation 1950 to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions to such services. 1951
12.05.9 Compliance with AB 1826 & SB 1383. Contractor will develop and maintain its 1952 Commercial Organic Waste Collection Service in a manner designed to assist City and Service Recipients 1953 to achieve and maintain compliance with AB 1826 and SB 1383. Contractor will notify non-exempt covered 1954 businesses of the requirements to comply with t he law in November 2023, and no less than annually 1955 thereafter. Contractor will offer to provide the volume of collection service that covered businesses require 1956 to be in compliance with the law. In conjunction with the City’s ordinance supporting full compliance with 1957 AB 341, SB 1383 and AB 827 by Commercial Service Units (i.e., “generators”), Contractor will conduct in-1958 person outreach to all non-participating non-exempt commercial covered generators as specified in Section 1959
20.02. Failure to conduct such outreach will result in a penalty as specified in Exhibit 6. 1960
12.05.10 Additional Organic Waste Collection Containers. Contractor must provide 1961 additional Organic Waste Collection Containers to Service Recipients at the rates listed in Exhibit 1 provided 1962 that additional Collection Containers are used by Service Recipients for the proposes of setting out 1963 additional Organic Waste materials for regular weekly Organic Waste Collection Service. 1964 FINAL AGREEMENT Page 57 of 183
12.05.11 Manure Collection Service. Contra ctor shall Collect all Manure placed in 1965 an Organic Waste Container at least once per week, or more often if arranged between Service Recipient 1966 and Contractor. Service Recipients ma y be instructed not to fill the C ontainers above a specified line or 1967 weight, so as not to damage the Containers or Coll ection Vehicle, and City shall resolve any disputes 1968 regarding the maximum weight that may be accommodated in such Containers. All Manure collected shall 1969 be diverted from landfilling through composting or ot her means and may not be collected or commingled 1970 with Garbage. 1971
12.05.11.1 Manure Cart Collection. Contractor shall provide Manure 1972 Collection Service to Commercial Customers that utilize Cart service for Manure Collection Service may be 1973 charged no more than the Maximum Service Rates as set forth in Exhibit 1. 1974
12.05.11.2 Manure Bin Collection. Contract or shall provide Manure Collection 1975 Service to Commercial Customers t hat utilize Bin service for Manure Co llection Service may be charged 1976 no more than the Maximum Service Rates as set forth in Exhibit 1. 1977 Article 13. Mixed Use Dwelling Service (MXD) 1978
13.01 MXD Collection Service. As in Section 12.01. 1979
13.02 MXD Solid Waste Collection Se rvice. As in Section 12.03. 1980
13.03 MXD Recycling Service. As in Section 12.04. 1981
13.04 MXD Move In/Out Collection Se rvice. As in Section 10.08.4. 1982
13.05 MXD Organic Waste Collection Service. As in Section 12.05. 1983
13.06 MXD Large Item Collection Services. As in Section 10.10; Contractor may charge Service 1984 Recipients for Bulky Waste Collections subject to the Maximum Service Rate in Exhibit 1. 1985 Article 14. City Services 1986
14.01 City Collection Conditions of Service. Ci ty Collection Services shall be governed by the 1987 following terms and conditions: 1988
14.01.1 City Collection Services. Contractor shall provide Garbage, Recycling, and 1989 Organic Waste Collection Services to all City Service Units set forth in Exhibit 3, or as City may designate 1990 in the future (and where applicable, subject to the conditions in this Section), where the Containers are not 1991 blocked and are accessible by Contractor’s Collection Vehicles. 1992
14.01.2 Contractor’s Good Will. In exchange for the good will of the City and the general 1993 public, Contractor voluntarily agrees to provide Collection Services under this Article at no cost to the City 1994 excepting excess service as provided in this Article, and warrants that such service shall neither impact the 1995 Maximum Service Rates nor be otherwise paid for or subsidized by any other Service Recipients. 1996 FINAL AGREEMENT Page 58 of 183
14.01.3 Contractor shall receive written pe rmission from the City before placing any 1997 Collection Containers on City owned property for service, except that no such permission shall be needed 1998 to place Collection Containers at locations specified for such Containers in Exhibit 3. 1999
14.01.4 Contractor shall limit the number of trips and the path of travel for Collection 2000 Vehicles in City parking lots. 2001
14.01.5 Container Service. City Facilities shall be provided Collection Services generally 2002 subject to the same terms and conditions as similar Serv ice Units with regard to Container specifications, 2003 repair, replacement, cleanings, and exchange; provided the City shall not be charged for any requests for 2004 such services. 2005
14.01.6 Frequency of Service. The frequency of collection may be designated by the City, 2006 but not to exceed six (6) times per week per containe r. City may change the City Service Units receiving 2007 service, and the container volume and Collection frequen cy provided to any City Service Unit, by written 2008 notice to Contractor. 2009
14.02 City Clean-Up Services. 2010
14.02.1 City’s Enforcement Clean-Up Services. Within one (1) Work Day of a request from 2011 the Agreement Administrator, Contractor shall provi de Roll-off Containers to support City’s Enforcement 2012 Clean-Up Services in the Service Area. City shall be responsible for loading or arranging for loading of each 2013 Roll-off Container. Contractor shall collect, transport and deliver City Code Enforcement Clean-Up Services 2014 Garbage, Recyclable Material, and Organic Waste to a Di sposal Facility, the Materials Recovery Facility, 2015 or Organics Processing Facility, as appropriate given the characteristics of the load. Contractor shall deliver, 2016 and collect, transport and process the City’s Enforcement Clean-Up Services waste from up to sixty (60) 2017 Roll-off Containers each Agreement Year at no charge to the City. Contractor shall be entitled to charge 2018 the City for collected materials exceeding sixty (60) collections per Agreement Year in accordance with the 2019 Service Recipient Rates as set forth in Exhibit 1. 2020
14.02.2 Abandoned Waste/Illegal Dumping Reporting. When conducting service within the 2021 City, Contractor shall direct its Collection Vehicle drivers to report to Contractor sightings of illegal dumping 2022 of Waste by recording: (i) the addresses of any Service Area where Garbage, Recyclable Material, and/or 2023 Organics Waste is accumulating; and (ii) the address , or other location description at which Garbage, 2024 Recyclable Material, and/or Organics Waste has been dumped. Contractor shall report to the City sightings 2025 and the recorded address within three (3) Work Days. 2026
14.02.3 Abandoned Waste/Illegal Dumping Clean-up. At City’s direction, Contractor shall 2027 collect, transport and process dumped items based on high volume sites throughout City and specific 2028 customer complaints, at no additional charge to City. At all times possible, Contractor will manage requests 2029 through the City’s Resident Service Center (RSC) system or any other reporting system utilized. 2030 FINAL AGREEMENT Page 59 of 183
14.03 City-Sponsored Events Serv ice. Upon request by the Ci ty, Contractor shall provide 2031 Containers and Collection Services at City-Sponsored Events upon request, including but not limited to those 2032 specified in Exhibit 2, at no cost to the City. 2033
14.04 Large Item Collection Service. Contractor shall collect Large Items, including E-Waste and 2034 Universal Waste, from City Services Units as listed on Exhibit 3 on an on-call basis on the same terms and 2035 conditions as are provided to SFD Service Units per Section 10.10 at rates specified in Exhibit 1. 2036 Article 15. Additional Services 2037
15.01 Large Item Drop-off. Serv ice Recipients may drop-off un limited Bulky Items, excluding 2038 Construction and Demolition Debris, at the Contractor’s designated site within the City between the hours of 2039 8:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00a.m. and 12:00 p. m., one Saturday per 2040 month. Contractor shall not charge Service Recipients for accepting, processing, or Disposing of Bulky Items 2041 so delivered. Contractor shall handle all Organic Wast e, Recyclable Materials, and electronic waste so 2042 deposited at its facility in accordance with all Applicable Laws and regulations. 2043
15.02 Neighborhood Clean-Up Events. Contract or shall provide Collection Services at 2044 Neighborhood Clean-Up Events at a maximum of twelve (12) per year upon request by City. Each event 2045 shall occur on a Saturday between the hours of 8:00 a.m. and 12:00 p.m. at a location selected by the City 2046 and shall be limited to SFD, MFD, and MXD Service Recipi ents within the City. Cont ractor shall provide a 2047 maximum of three (3) 40-yard Roll-off Containers pe r event. The Agreement Administrator shall notify 2048 Contractor in writing or e-mail not less than eight (8) weeks prior to the date of the Neighborhood Clean-Up 2049 Event. The services shall be provided in a manner that meets all needs of the Neighborhood Clean-Up 2050 Event. The events must not occur during the week prior, the week of, or the week after a Holiday. The events 2051 shall be conducted by Contractor at no cost of any kind to the City. Contractor shall provide staffing to support 2052 City management at all times during the Clean-Up Days Events. 2053
15.02.1 Contractor shall prepare and distribute to SFD, MFD, and MXD Residential Service 2054 Recipients Neighborhood Clean-Up Event notices no later than six (6) weeks prior to each event. At a 2055 minimum, the dates and hours of operation, locations of the collection sites, and acceptable materials for 2056 collection shall be included in the notices. Contractor may separately mail electronically transmit the notices 2057 or provide the notices as billing inserts to each SFD, MFD, and MXD Resi dential Service Recipient. 2058 Contractor shall provide Spanish-t ranslated notices upon request by t he City. The costs of production, 2059 printing, mailing and all associated costs for the notices shall be borne by Contractor. Contractor shall also 2060 provide their information in digital format to the City. 2061
15.03 Mulch or Compost Delivery. At no cost to t he City, Contractor must assist City in arranging 2062 for produced compost/mulch, or other recovered organic waste products to comply with SB 1383 2063 procurement requirements to be delivered in qualitie s, quantities, locations and times agreed on between 2064 City and Contractor. Such Contractor assistance can be in the form of backhauling materials or setting aside 2065 locations for Service Recipients to pick up produced compost/mulch at an approved facility. Contractor 2066 agrees to provide up to 7,700 cubic yards of compost or mulch to the City annually. 2067 FINAL AGREEMENT Page 60 of 183
15.04 Edible Food Recovery Support. At no cost to the City, Contractor must provide support to 2068 the City’s Edible Food Recovery program as requ ired under SB 1383. Contractor support may include 2069 educating commercial edible food generators, providing records of site visits, conducting education efforts, 2070 providing lists of food recovery organizations, and coordinating with Agreement Administrator. 2071
15.05 Free Paper Shredding Events. Up to four (4) times per year, at no additional cost to City or 2072 its residents, Contractor will conduct a free paper shr edding event at a location as determined by the City. 2073 At each event, all City residents will be permitted to deliver an unlimited amount of paper for shredding free 2074 of charge by Contractor. Contractor must arrange for all shredded paper generated by each event to be 2075 processed in such a manner so as to ensure the diversion of this material from landfilling. 2076 Article 16. Collection Routes 2077
16.01 Service Routes. Contractor must provide Ci ty with maps and digital mapping data precisely 2078 defining Collection routes, together with the days and the times at which Collection will regularly commence. 2079
16.02 Initial Route Changes. Contractor agrees not to change any Residential Collection Services 2080 routes in effect as of the Effective Date of this Agreement prior to July 1, 2024, with the exception of limited 2081 route changes that may be necessary for new development, and subject to review and approval by the City. 2082 After July 1, 2024, if any re -routing of Residential Collection services is necessary for collection efficiency, 2083 Contractor may submit to City, in writing, propos ed route changes (including maps thereof) not less than 2084 sixty (60) calendar days prior to the proposed date of implementation. Any such initial routing change may 2085 not affect more than ten percent (10% ) of SFD Service Units in the City and is subject to City review and 2086 approval. 2087
16.03 Future Service Route Changes. Contractor mu st submit to City, in writing, any proposed 2088 route change (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of 2089 implementation. Contractor may not implement any route changes without the prior review of the Agreement 2090 Administrator. If the change will ch ange the Collection day for a Service Recipient, Contractor must notify 2091 those Service Recipients in writing of route changes not less than thirty (30) days before the proposed date 2092 of implementation. 2093
16.04 Collection Route Audits. City reserves the ri ght to conduct audits of Contractor’s Collection 2094 routes. Contractor must cooperate with City in connection therewith, including permitting City employees or 2095 agents, designated by the Agreement Administrator, to ride in the Collection Vehicles to conduct the audits. 2096 Contractor has no responsibility or liability for the salary, wages, benefits or worker compensation claims of 2097 any person designated by the Agreement Administrator to conduct such audits. 2098 Article 17. Minimum Performance and Diversion Standards 2099
17.01 Agreement Extension. In order to receive the Agreement term extension offer set forth in 2100 Section 2.02 of this Agreement, Contractor must meet or exceed the following annual minimum performance 2101 and diversion standards in each Calendar Year beginning January 2024. 2102 FINAL AGREEMENT Page 61 of 183
17.01.1 Performance Standards. Assessment of penalties and charges, as set forth in 2103 Exhibit 6 of this Agreement, totaling less than $50,001 in any one (1) Calendar Year. 2104
17.01.2 Minimum Diversion Standards. Contractor must meet the requirements set forth in 2105 Article 8. 2106
17.01.3 No Current Default. Contractor is not currently in default of the Agreement. 2107
17.02 Billing Audit and Performance Reviews. 2108
17.02.1 Contractor Shall Review its Billings to all Customers. The purpose of the review is 2109 to determine that the amount which the Contractor is billing each Customer is correct with regard to the 2110 level of service (i.e., frequency of collection, size of container, location of container) at the rates approved 2111 by City Council resolution. The Contractor shall review Customer accounts not less than annually and 2112 provide a written certification to the City that all such billing is correct. The documentation of the review, as 2113 well as verification that any errors have been corrected should be provided to the City annually. 2114
17.02.2 Selection and Cost. City may conduct billing audit and performance reviews 2115 (together, “reviews”) of Contractor’s performance during the term of this Agreement, as provided herein. 2116 The reviews will be performed by the City or a qualified firm under contract to City. City will have the final 2117 responsibility for the select ion of the firm. City may conduct reviews at any time during the term of the 2118 Agreement. City and Contractor agree to each pay fi fty-percent (50%) of the cost of the audits and 2119 performance reviews provided for under Section 17.02. 2120
17.02.2.1 Full Reviews During Initial Term. City may conduct two (2) full 2121 reviews with costs apportioned as stated in Section 17.02.2 during the Initial Term of this Agreement. The 2122 purpose of these full reviews will be as described in Section 17.02.3 below. 2123
17.02.2.2 Full Review During Extension Pe riod. In the event that Contractor 2124 is granted an extension to the term of this Agreement as described in Section 2.02, City may conduct one 2125 (1) additional full review during each of the five (5) ye ar extension periods. The purpose of this full review 2126 is described in Section 17.02.3. For each of these full review costs will be apportioned as stated in Section 2127
17.02.2. 2128
17.02.3 Purpose. The reviews will be designed to verify that customer billing rates have 2129 been properly calculated and they correspond to the level of service received by the customer, verify that 2130 Contractor is correctly billing for all services provid ed, Franchise Fees and other fees required under this 2131 Agreement have been properly calculated and paid to City, verify Contractor’s compliance with the reporting 2132 requirements and performance standards of this Agreement, verify the diversion percentages reported by 2133 Contractor, and verify any other provisions of the Agreement. City (or its designated consultant) may utilize 2134 a variety of methods in the execution of this revi ew, including, but not limited to, analysis of relevant 2135 documents, on-site and field observations, and interviews . City (or its designated consultant) will review 2136 and document the items in the Agreement that require Contractor to meet specific performance standards, 2137 submit information or reports, perform additional services, or document operating procedures, that can be 2138 FINAL AGREEMENT Page 62 of 183
objectively evaluated. This inform ation will be documented an d be formatted in a “compliance checklist” 2139 with supporting documentation and findings tracked for each of the identified items. The review will 2140 specifically include a determination of Contractor’s compliance with the diversion requirements of Article 8, 2141 and the public outreach and education requirements of Ar ticle 20. City (or its designated consultant) may 2142 review the customer service functions and structure ut ilized by Contractor. This may include Contractor’s 2143 protocol for addressing customer complaints and service interruption procedures. Complaint logs may be 2144 reviewed, along with procedures and systems for tr acking and addressing complaints. On-site and field 2145 observations by City (or its designated consultant) may include, but are not necessarily limited to: 2146
17.02.3.1 Interviews and discussions wi th Contractor’s administration and 2147 management personnel; 2148
17.02.3.2 Review and observation of Cont ractor’s customer service functions 2149 and structure; 2150
17.02.3.3 Review of public ed ucation and outreach materials; 2151
17.02.3.4 Interviews and discussions with Contractor’s financial and accounting 2152 personnel; 2153
17.02.3.5 Interviews with route dispatch ers, field supervisors and managers; 2154
17.02.3.6 Interviews with route drivers; 2155
17.02.3.7 Interviews with vehicle maintenance staff and observation of 2156 maintenance practices; and 2157
17.02.3.8 Review of on-route Collection Serv ices, including observation of driver 2158 performance and collection productivity and visual inspection of 2159 residential routes before and after collection to evaluate cart 2160 placement and cleanliness of streets. 2161
17.02.4 Contractor’s Cooperation. Contractor shall cooperate fully with the review and 2162 provide all requested data, including operational data, financial data of the type described in Section 2163
17.01.1, and other data reasonably requested by City within fifteen (15) Work Days of the request. 2164
17.02.5 Additional Billing Audit and Performance Review. In the event that the Billing Audit 2165 and Performance Review concludes that Contractor is not in compliance with all terms and conditions of 2166 this Agreement and such non-compliance is material, Contractor is subject to administrative fees and 2167 penalties as described in Exhibit 6 as well as reimbursem ent to the City for the full cost of the audit plus 2168 any underpayments discovered during the Audit. Additionally, City may conduct an Additional Billing Audit 2169 and Performance Review beyond the two (2) specified in Section 17.02.2, to ensure that Contractor has 2170 cured any such area of non-compliance. Contractor will be responsible for the cost of any such Additional 2171 Billing Audit and Performance Review for a maximu m cost of One-hundred Twenty Thousand Dollars 2172 ($120,000) (starting on July 1, 2024 and each January 1st thereafter, with the maximum cost for the review 2173 FINAL AGREEMENT Page 63 of 183
adjusted annually by the change in the CPI). For the purposes of a determination of non-compliance under 2174 this Agreement, Audit findings which result in underpayments of $100,000 or more shall be deemed 2175 material. 2176
17.02.6 City Requested Program Review. City re serves the right to require Contractor to 2177 periodically conduct reviews of the Garbage, Recycling, and Organic Waste Collection Service programs, 2178 provided that such reviews are reasonable and can be accomplished at no additional cost to Contractor 2179 and without interfering with Contractor’s operations. Such reviews could assess one or more of the following 2180 performance indicators: average volume of Recyclable Materials per setout per customer, average volume 2181 of Organic Waste per setout per customer, participation level, contamination levels, etc. Prior to the program 2182 evaluation review, City and Contractor will meet and discuss the purpose of the review and agree on the 2183 method, scope, and data to be provided by Contractor. 2184
17.03 Cooperation with Other Program Reviews. Co ntractor shall cooperate with City and/or its 2185 agent(s) as reasonably requested to collect program dat a, perform field work, conduct route audits to 2186 investigate customer participation levels and setout volumes and/or evaluate and monitor program results 2187 related to Garbage, Recyclable Materials and Organic Wast e collected in City by Contractor, provided that 2188 such cooperation can be accomplished at no additional cost to Contractor and without interfering with 2189 Contractor’s operations. 2190
Article 18. Collection Equipment 2191
18.01 General Provisions. All equipment used by C ontractor in the performance of services under 2192 this Agreement must be of a high quality and meet all Federal, State, and local regulations and air quality 2193 standards, including all applicable provisions of Air Quality Management District. Collection vehicles must 2194 be designed and operated so as to prevent collected materials from escaping from the vehicles. Hoppers 2195 must be closed on top and on all sides with screening mate rial to prevent collected materials from leaking, 2196 blowing or falling from the vehicles. All trucks and containers must be watertight and must be operated so 2197 that liquids do not spill during Collection or in transit. 2198
18.02 Large Items. Vehicles used for Collection of Large Items may not use compactor 2199 mechanisms or mechanical handling equipment that may damage reusable goods or release Freon or other 2200 gases from pressurized appliances. 2201
18.03 Collection Vehicles. Contractor must use new Collection Vehicles as of the 2202 Commencement date and may not use any Collection Vehicl e that is more than ten (10) years old during 2203 the term of the Agreement. Contractor shall register all new Collection Vehicles under this Agreement to its 2204 address within the City, and shall report all purchases of Collection Vehicles under this Agreement as 2205 attributable to the City for sales tax purposes. Collection Vehicles must utilize low carbon (“alternative”) fuel, 2206 which must be renewable natural gas, LNG, CNG, or electric unless otherwise authorized by the City. If 2207 during the term of the Franchise Agreement, new technol ogies are available such as hybrid or electric 2208 powered collection vehicles, the City or the Contract or may request/negotiate implementation of such new 2209 collection vehicles, with a corresponding change to the Maximum Service Rates to reflect additional cost or 2210 savings. During the Term, to the ext ent required by law, Contractor sha ll provide its Collection Vehicles to 2211 FINAL AGREEMENT Page 64 of 183
be in full compliance with all Applicable Laws, incl uding State and Federal clean air requirements that are 2212 adopted or proposed to be adopted, including, but not limited to, the California Air Resources Board Heavy 2213 Duty Engine Standards as currently proposed to be contained in California Code of Regulations, title 13, 2214 sections 2020 et seq., the Federal EPA’s Highway Diesel Fuel Sulfur regulations and all other applicable air 2215 pollution control laws. 2216
18.04 Collection Vehicle Technology. Contractor must use Collection Vehicles fitted with GPS 2217 tracking devices that can be used to record start and stop times, vehicle locations, and maximum speed. 2218 Contractor shall furnish to the City at no additional cost or expense any software and equipment necessary 2219 for City to track the location of Collection Vehicles in real time and to generate reports as needed. Collection 2220 Vehicles must also be fitted with cameras that are programmed to take photos, date and location stamped, 2221 to document violations, including contamination, overfilling, and lids not closed. GPS and camera data must 2222 be accessible by City. 2223
18.05 Collection Vehicle Size Limitations / Overweigh Vehicle Charge. Contractor may not use 2224 any Collection Vehicle in violation of weight limitations in Applicable Law. The Contractor may exceed the 2225 Collection Vehicle size limitation for a limited time due to extraordinary circumstances or conditions with the 2226 prior written consent of the Agreement Administrator. The limited time may not exceed 120 days. Contractor 2227 must report all instances of overwe ight vehicles to City as part of its quarterly Franchise Fee submittal 2228 described in Section 4.03, and as part of its Annual Reports to the City described in Section 22.03. Contractor 2229 may be assessed administrative charges as specified in Exhibit 6 as a result of exceeding an overweight 2230 vehicle rate of five percent (5.00%) in any Calendar Year during the term of the Agreement. The overweight 2231 vehicle rate will be calculated as the total number of overweight Collection V ehicle instances during the 2232 Calendar Year, divided by the total number of Collection Vehicle loads transported during the Calendar Year. 2233 Prior to collecting administrative charges for overweig ht vehicles, the City shall afford Contractor a 2234 reasonable opportunity to provide the Agreement Ad ministrator documentation of the extraordinary 2235 circumstance that caused the over weight vehicles. Extraordinary circumstances in this particular case 2236 include, but may be limited to, heavy rains or high winds that caused excess Green Waste to be generated, 2237 rain to accumulate in open Collection Containers, or normal Collection routes to be delayed or shortened to 2238 extreme weather conditions. The Agreement Administra tor shall have authority to consider Contractor’s 2239 documentation and uphold and collect the assessed charge, to reduce the charge, or waive and dismiss the 2240 charge. The Agreement Administrator shall also have the authority to waive ch arges in advance of an 2241 anticipated, or in response to and actual, emergency event. 2242
18.06 Registration; Inspection. All vehicles used by Contractor in providing Collection Services 2243 under this Agreement, except those vehicles used solely on Contractor’s premises, are to be registered with 2244 the California Department of Motor Vehicles. In ad dition, each such vehicle must be inspected by the 2245 California Highway Patrol in accordance with Applicab le Law. Within two (2) Work Days of a request from 2246 the Agreement Administrator, Contra ctor must provide City a copy of its vehicle maintenance log and any 2247 safety compliance report, including, but not limited to, any report issued under California Vehicle Code 2248 sections 34500 and following, as well as the biennial “BIT” inspections conducted by the California Highway 2249 Patrol. 2250
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18.07 Safety Markings. All Collection equipment used by Contractor must have appropriate safety 2251 markings including, but not limited to, highway lightin g, flashing and warning lights, clearance lights, and 2252 warning flags. All such safety markings must be in accordance with the requirements of the California Vehicle 2253 Code, as may be amended from time to time. 2254
18.08 Vehicle Signage and Painting. Collection Vehicles must be painted and numbered without 2255 repetition and must have Contractor's name, Contra ctor’s customer service telephone number, and the 2256 number of the vehicle painted in letters of contrasting color, at least four (4) inches high, on each side and 2257 the rear of each vehicle. All Collection Vehicles shall display the words “Servicing the City of Santa Clarita” 2258 in letters no less than two inches (2”) high and the City Seal. No advertising is permitted other than the name 2259 of Contractor, its logo and registered service marks, except promotional advertisement of the Recyclable 2260 Materials and Organic Waste programs, which is encour aged. City to approve any promotional material of 2261 the Recyclable Materials and Organic Waste Programs affixed to or painted on Contractor’s Collection 2262 Vehicles and may require such promotion to be utilized from time to time in order to encourage correct 2263 recycling, reduce contamination, and provide relevant education. Contra ctor must repaint all vehicles 2264 (including vehicles striping) during the term of this Agreement on a frequency as necessary to maintain a 2265 positive public image as reasonably determined by the Agreement Administrator, but not less often than 2266 once every five years beginning July 1, 2023. 2267
18.09 Bin and Roll-off Signage, Painting, and Cleaning. All metal bins and Roll-offs of any service 2268 type furnished by Contractor must be either painted or galvanized. All metal or plastic bins and Roll-offs must 2269 display Contractor’s name, Contractor’s customer service telephone number, and the number of the Bin or 2270 Roll-off and must be kept in a clean and sanitary condi tion. Bins and Roll-offs should be free of dents and 2271 graffiti and newly painted at the start of this Agreement, and painted as needed to maintain an orderly 2272 appearance throughout the term of the Agreement, but not less frequently than once every three years. Bins 2273 and Roll-offs may be subject to periodic, unscheduled in spections by City and determination as to sanitary 2274 condition will be made by City. 2275
18.10 Vehicle Certification. Fo r each Collection Vehicle used in the performance of services 2276 under this Agreement, Contractor must obtain a certific ate of compliance (smog check) issued pursuant to 2277 Part 5 of Division 26 of the California Health and Safety Code (Section 43000 and following) and regulations 2278 promulgated thereunder and/or a safety compliance report issued pursuant to Division 14.8 of the California 2279 Vehicle Code (Section 34500 and following) and the r egulations promulgated thereunder, as applicable to 2280 the vehicle. Contractor must maintain copies of such certificates and reports and must make such certificates 2281 and reports available for inspection upon request by the Agreement Administrator. 2282
18.10.1 No later than July 1, 2023, Contractor must submit to the Agreement Administrator 2283 verification that each of the Contractor’s Collection Vehicles has passed the California Heavy Duty Vehicle 2284 Inspection. Thereafter, Contractor must cause each vehicle in Contractor’s Collection fleet to be tested 2285 annually in the California Heavy Duty Inspection Program and must, upon request, submit written 2286 verification to City within ten (10) Work Days of t he completion of such test. Contractor may not use any 2287 vehicle that does not pass such inspection. 2288
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18.11 Equipment Maintenance. Contractor mu st maintain Collection equipment in a clean 2289 condition and in good repair at all times. All parts and systems of the Collect ion equipment must operate 2290 properly and be maintained in a condition satisfactory to City. Contractor must wash all Collection Vehicles 2291 at least once a week. 2292
18.12 Maintenance Log. Contractor must maintain a maintenance log for all Collection Vehicles. 2293 The log must at all times be accessible to City by physical inspection upon request of Agreement 2294 Administrator, and must show, at a minimum, each vehicle Contractor assigned identification number, date 2295 purchased or initial lease, dates of performance of routine maintenance, dates of performance of any 2296 additional maintenance, and description of additional maintenance performed. 2297
18.13 Equipment Inventory. On or before July 1, 2023 Contractor shall provide to City an 2298 inventory of Collection Vehicles and major equipment used by Contractor for Collection or transportation and 2299 performance of services under this Agreement. The inventory must indicate each Collection Vehicle by 2300 Contractor assigned identification number, DMV licens e number, the age of the chassis and body, type of 2301 fuel used, the type and capacity of each vehicle, the number of vehicles by type, the date of acquisition, the 2302 decibel rating and the maintenance and rebuild stat us. Contractor must submit to the Agreement 2303 Administrator, either by fax or e-mail, an updated inventory annually to the City or more often at the request 2304 of the Agreement Administrator. Each inventory must also include the tare weight of each vehicle as 2305 determined by weighing at a certified scale used by Contractor. Each vehicle inventory must be accompanied 2306 by a certification signed by Contractor that all Collection Vehicles meet the requirements of this Agreement. 2307
18.14 Reserve Equipment. Contractor shall have av ailable to it, at all times, reserve Collection 2308 equipment which can be put into service and operation within one (1) hour of any breakdown. Such reserve 2309 equipment must correspond in size and capacity to the equipment used by the Contractor to perform the 2310 contractual duties. 2311
Article 19. Contractor’s Office 2312
19.01 Contractor’s Office. Contractor shall main tain an office in the City of Santa Clarita, 2313 California. Such office must be equipped with enough telephones that all Collection Service-related calls 2314 received during normal business hours are answered by an employee within five (5) rings. The office must 2315 have responsible persons in charge during Collection hours and must be open during such normal business 2316 hours, 8:00 a.m. to 5:00 p.m. on M onday through Friday and Saturday during Collection Service hours. 2317 Contractor must provide either a local or toll-free telephone number that connects to the call center described 2318 in Section 19.02, and a telephone answering service or mechanical device to receive Service Recipient 2319 inquiries during those times when the office is clos ed. Calls received after normal business hours must be 2320 addressed the next Work Day morning. 2321
19.02 Customer Service Call Center. Contractor must maintain a local Customer Service call 2322 center in the City of Santa Clarita. Such office must be equipped with enough telephones that all customer 2323 service-related calls received during normal business hours, 8:00 a.m. to 5:00 p.m. on Monday through 2324 Friday and Saturday during Collection Service hours, are answered by an employee within five (5) rings 2325 FINAL AGREEMENT Page 67 of 183
19.03 Emergency Contact. Contractor must pr ovide the Agreement Administrator with an 2326 emergency phone number where the Contractor can be reached outside of the required office hours. 2327
19.04 Multilingual/TDD Service. Contractor must at all times maintain the capability of responding 2328 to telephone calls in English and such other languages as City may direct. Contractor must at all times 2329 maintain the capability of responding to telephone calls through Telecommunications Device for the Deaf 2330 (TDD) Services. 2331
19.05 Service Recipient Calls. During office hours, Contractor must maintain a telephone 2332 answering system capable of accepting at least five (5) incoming calls at one time. Contractor must record 2333 all calls including any inquiries, service requests and complaints into a customer service log. 2334
19.05.1 All incoming calls will be answered at the lo cal office or call center within 5 rings. 2335 Any call “on-hold” in excess of 1.5 minutes must have the option to remain “on-hold” or request a “call-back” 2336 from a customer service representative. Contractor’s customer service representatives must return Service 2337 Recipient calls. For all messages left before 3:00 p.m., all “call backs” must be attempted a minimum of one 2338 time prior to 5:00 p.m. on the day of the call. For messages left after 3:00 p.m., all “call backs” must be 2339 attempted a minimum of one time prior to noon the next Work Day. Contractor must make minimum of three 2340 (3) attempts within one (1) Work Day of the receipt of the call. If Contractor is unable to reach the Service 2341 Recipient on the next Work Day, Contractor must send a postcard, email or text, as indicated by the Service 2342 Recipient to the Service Recipient on the second Work Day after the call was received, indicating that the 2343 Contractor has attempted to return the call. 2344
Article 20. Contractor Support Services 2345
20.01 Sustainability/Complia nce Representative. Contractor will hire staff, including at least two 2346 dedicated full-time Sustainability/Compliance Representatives as of the Commencement Date, to conduct 2347 site visits and provide outreach and education in su pport of meeting Franchise and CalRecycle Diversion 2348 requirements and to meet State mandates associated with AB 939, AB 341, AB 1826, AB 827, AB 1594, SB 2349 1016, and SB 1383, and all amendments and related subsequent legislation. The Sustainability/Compliance 2350 Representatives shall be available as needed to meet wi th the City and conduct site visits to implement 2351 Recycling and Organics programs in the Service Area at least four days a week throughout the year. City 2352 may request monthly meetings with Contractor to discuss problems or issues such as Collection or Recycling 2353 programs, Billing or Service Recipient service issues, and day to day operations. City and Contractor agree 2354 to meet and confer to reevaluate the ongoing need for two dedicated full-time Sustainability/Compliance 2355 Representatives on or around July 1, 2025 (two years from the Commencement Date). 2356
20.02 Sustainability and Compliance Plan. Contract or, at its own expense, must prepare, submit 2357 and implement an annual (Calendar Year) Sustainabilit y and Compliance Plan (“Plan”), which will guide 2358 Contractor’s staffs’ work efforts. This Plan will in clude measures to meet diversion targets, increase 2359 diversion, and increase participation of Service Recipients in recycling and organics diversion programs, and 2360 should target certain Recyclable Materials or “problem” areas, including recycling and organics sorting and 2361 contamination, within Contractor’s Service Area where improvements can be maximized. Planned outreach 2362 and education services, and outreach materials should be included as part of the Plan and updated annually. 2363 FINAL AGREEMENT Page 68 of 183
Targets of outreach should be based on local trends and recycling patterns from data obtained by both the 2364 City and Contractor. Contractor will maintain curr ent and state-of-the-art public outreach and education 2365 services throughout the term of this Agreement by providing outreach materials to Service Recipients 2366 electronically (via email and social media). Contractor mu st submit first year draft Plan to the City prior to 2367 the Commencement Date and by August 1st each year thereafter for the term of the Agreement. City review 2368 and provide revisions to draft Plan within thirty (30) days of receipt. Contractor must revise and submit final 2369 Plan to City by April 1, 2023 for first year and thence by November 1st each year thereafter for the term of 2370 the Agreement. Contractor’s Plan is provided in Exhibi t 10. Contractor will be required to expend at least 2371 seventy-five thousand dollars ($75,000) per year (as adjusted annually by the CPI Adjustment), for the 2372 development of the Plan and its implementation, which may not include personnel costs associated with the 2373 Sustainability/Compliance Representative. The Su stainability and Compliance Plan must include the 2374 following: 2375
20.02.1 City-Specific Website. Contractor shall maintain a City-specific website that fully 2376 explains the Contractor’s current services and rates, the diversion options available, and allows Service 2377 Recipients to submit service changes, inquiries, co mplaints or queries. The website must describe and 2378 promote the use of the available Recyclable Material s and Organics services. Contractor’s local website 2379 must provide information s pecific to the City’s programs. Contractor will ensure that information provided 2380 on the website is maintained and up-to-date. Conten t will include proper container set out, educational 2381 materials, newsletters and program descriptions. 2382
20.02.2 Recycling Resources. C ontractor shall maintain accurate list of recyclable 2383 materials on its website, and promote proper recycling to all Service Recipients. Contractor shall consult, 2384 collaborate, and coordinate its recycling outreach and educational materials and activities with the City and 2385 incorporate the City’s input on the Contractor’s recycling resources and programs. 2386
20.02.3 School Education and Outreach. Contractor shall develop and utilize a program to 2387 educate on proper recycling that offers tools to as sist with proper recycling for all ages. Educational 2388 information should include brochures, school resources such as recycling curriculums, kid’s activity flyers, 2389 posters, myth busters, and recycling art activities. Contractor shall develop and distribute educational 2390 material, and conduct onsite outreach annually to all school campuses in the franchise area. Materials must 2391 be approved by City before distribution. Examples include: Recyclable Materials list, Recycling tips, battery 2392 and bulb education, Food Waste collection and donati on, and HHW education. Educational material shall 2393 be distributed to campuses by mail and/ or in person on or before September 30 th annually, and site visits 2394 must be completed by November 30th. 2395
20.02.4 MORe Compliance Notices. Contractor shall send Mandatory Organics Recycling 2396 (MORe) compliance notices quarterly to all eligib le Commercial entities and MFDs/MXDs that do not 2397 subscribe to Organic Waste Collection Service with the Contractor, and/or do not provide an alternate 2398 method for Diverting Organic Waste, in conformance with SB 1383 and AB 1826. These notices shall also 2399 notify businesses of requirements under AB 827. Contractor shall mail not ifications quarterly on or before 2400 the last day of the month following the end of the quarter. 2401 FINAL AGREEMENT Page 69 of 183
20.02.5 MCR Compliance Notices. Contract or shall send Mandatory Commercial 2402 Recycling (MCR) compliance notices quarterly to all eligible Commercial entities and MFD’s that do not 2403 subscribe to recycling collection service with the Contractor, and/or do not provide an alternate method for 2404 diverting recyclable materials, in conformance with AB 341. These notices shall also notify businesses of 2405 requirements under AB 827. Contractor shall mail notific ations quarterly on or before the last day of the 2406 month following the end of the quarter. 2407
20.02.6 MORe Site Visits. Contractor shall con duct site visits to all eligible Commercial 2408 entities and MFDs/MXDs once per year for the firs t three years and thereafter every other year for 2409 businesses that subscribe to Organics Collection Service and every year for businesses that do not 2410 subscribe to organics collection service in c onformance with SB 1383 and AB 1826. Contractor shall 2411 conduct visits on or before June 30th. 2412
20.02.7 MCR Site Visits. Contractor shall condu ct site visits to all eligible Commercial 2413 entities and MFDs/MXDs once per year for the firs t three years and thereafter every other year for 2414 businesses that subscribe to Recycling Collection Service and every year for businesses do not subscribe 2415 to Recycling Collection Service with the Contractor. Contractor shall conduct visits on or before June 30th. 2416
20.02.8 Waste Audits. Contractor shall comp lete Recycling and Solid Waste audits for 2417 twenty (20) Commercial or MXD Service Recipients per month and provide recommendations to customers 2418 on how to improve overall resource efficiency. 2419
20.02.9 Compliance Reporting. Contractor shall report contaminations and overage 2420 issues via the City’s Waste Reporting System. 2421
20.02.10 Right-sizing Container s. Contractor must right-size Collection Containers 2422 to maximize diversion from SFD, MFD, MXD and Commercial Service Recipients. 2423
20.02.11 Education and Outreach Material s. Contractor must implement public 2424 education and outreach in conformance with applicable laws (e.g., SB 1383, AB 1826, AB 827, AB 939, AB 2425 341, AB 1594, etc.) and in coordination with the City. Contractor shall attend public events and host booths 2426 to promote recycling education and awareness. Contractor will work with City to identify which special 2427 events will be attended. Contractor, together with City, shall work with local media to ensure information on 2428 new programs, events, recycling, organics etc. is communicated to the community. Contractor shall use a 2429 variety of options such as local paper, news, webs ites, social media, Homeowners Associations, schools 2430 and civic groups to distribute information and education about City solid waste and recycling programs, and 2431 events. Contractor shall distribute educational material to Service Recipients a minimum of once a quarter 2432 by mail or electronically. These materials should include tips on recycling properly, use of organics 2433 containers, composting, battery and electronics educa tion, prevention of contamination issues, proper 2434 Collection Container placement, resource information, and HHW education. 2435
20.02.12 Service Recipient Personnel Training. Contractor shall advise and 2436 educate appropriate personnel (management, employ ees, janitors, etc.) at MFD/MXD and Commercial 2437 FINAL AGREEMENT Page 70 of 183
Service Units on methods and recommendations to increase recycling and decrease landfilling including 2438 best practices for recycling, waste reduction and availability and use of in-house recycling containers. 2439
20.02.13 Available Services Notice and Info rmation. At least annually Contractor 2440 must publish and distribute (by mail or electronically) a notice to all Service Units regarding the full range 2441 of services offered. The notice must contain at a mi nimum (i) definitions of the materials to be Collected, 2442 (ii) procedures for setting out materials, (iii) the days when Garbage Collection Services, Recycling 2443 Services, and Organic Waste Collection Services will be provided, (iv) Contractor’s local customer service 2444 phone number, (v) instructions on the proper filling of Containers, (vi) instructions as to what materials may 2445 or may not be placed in Recyclable Materials or Org anic Waste Containers, (vii) how to select Container 2446 sizes to maximize diversion, (viii) participation in Recycling and Organic Waste programs, (ix) the fees for 2447 overage and Contamination in the event of non-complianc e, (x) the availability of on-premises Collection 2448 Services, including the availability of no-charge on-premises Collection Services for qualified persons, (xi) 2449 Large Items Collection Services, (xii) the dates and locations of Neighborhood Cleanup days, and (xiii) the 2450 dates and locations of Free Large Item Drop-off days. The notice must be provi ded in English, and other 2451 languages as directed by the City, and must be distributed by Contractor no later than February 1st of each 2452 year. 2453
20.02.14 Approach to Meeting City’s Diversion Requirements. Contractor must 2454 document approach to meeting City’s diversion requi rements by specific diversion program type (SFD, 2455 MFD, Commercial, Recyclable Material, Organic Waste, Bulky Waste, etc.) and must be tied to both specific 2456 and public education programs. This must include an implementation schedule showing the specific 2457 programs and tasks, milestones, and time frames for meeting the diversion requirements. 2458
20.02.15 Tonnage Table. Contractor must provide as part of the Plan, a tonnage 2459 table segregated by SFD, MFD, MX D, Commercial, and Additional Services that estimates tonnages for 2460 Recyclable Material and Organic Waste delivered and processed, and the estimated residual tonnages for 2461 each calendar year of the Franchise Agreement. 2462
20.02.16 Environmental Stewardship. Cont ractor must describe all environmental 2463 management policies and activities related to the so lid waste collection service, including the use of 2464 alternative fuel vehicles, reduction of air emissions and wear and tear on the City’s streets, use of recycled 2465 products throughout operations, internal waste r eduction and reuse protocol, water and resource 2466 conservation activities within facilities (design, construction and operation), compliance with laws governing 2467 e-waste, HHW, and u-waste, and use of non-toxic products when possible. 2468
20.03 News Media Relations. Contractor will wo rk with local media to ensure information is 2469 communicated to community (new programs, events, recycling information, etc.). Contractor to use options, 2470 such as; local Newspaper, Radio/TV News outlets, Websites and Social Media. Contractor will notify the 2471 Agreement Administrator by e-mail or phone of all requests for news media interviews related to the services 2472 covered under this Franchise Agreement within one (1) Work Day of Contractor’s receipt of the request. 2473 When practicable, before responding to any inquiries invo lving controversial issues or any issues likely to 2474 affect participation or customer’s perception of serv ices, Contractor will discuss Contractor’s proposed 2475 response with the City Agreement Administrator. 2476
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20.04 Annual Recycling Awards. Contractor will recognize outstanding participation in Recycling 2477 and/or Organic Waste programs by identifying “recycling all-stars” for recognition at a City Council meeting 2478 during each November, beginning November 2024. 2479
20.05 News Media Requests. Contractor will not ify the Agreement Administrator by e-mail or 2480 phone of all requests for news media interviews related to the services covered under this Agreement within 2481 one (1) Work Day of Contractor’s receipt of the request. When practicable, before responding to any inquiries 2482 involving controversial issues or any issues likely to affect participation or Service Recipient’s perception of 2483 services, Contractor will discuss Contractor’s proposed response with the Agreement Administrator. 2484
20.05.1 Copies of draft news releases or proposed trade journal articles that use the name 2485 of City or relate to the services provided hereunder must be submitted to the Agreement Administrator for 2486 prior review and approval at least five (5) working days in advance of release, except where Contractor is 2487 required by any law or regulation to submit materials to any regulatory agency in a shorter period of time, 2488 in which case Contractor must submit such materials to City simultaneously with Contractor’s submittal to 2489 such regulatory agency. 2490
20.05.2 Copies of articles resulting from medi a interviews or news releases that use the 2491 name of City or relate to the services provided hereunder must be provided to the City within five (5) days 2492 after publication. 2493
20.06 Acceptable Materials Labeling. Contractor must affix to each Recycling and Organics 2494 Collection Container a sticker that clearly lists Acceptable materials to be placed in these containers. Stickers 2495 must be replaced annually and include any updates in the list of Acceptable materials (Exhibit 12). 2496
20.07 Mulch or Compost Delivery. At no cost to t he City, Contractor must provide City with mulch 2497 or compost materials (i.e., “Recovered Organic Materials”) at a volume to allow the City to comply with SB 2498 1383. Contractor must deliver mulch or compost materials at a time and location mutually agreeable between 2499 the City and Contractor. Delivered mulch or compost can be in bulk form or bagged. 2500
20.08 Edible Food Recovery Support. At no cost to the City, Contractor must provide support to 2501 the City’s Edible Food Recovery program as requ ired under SB 1383. Contractor support may include 2502 educating commercial edible food generators, providing records of site visits, conducting education efforts, 2503 and providing lists of food recovery organizations. Contractor will assist the City in conducting Food Waste 2504 and Green Waste surveys and diversion programs by providing accurate and timely service data, conducting 2505 site visits, and distributing materials. 2506
20.09 Programs and Services. Contractor must provide additional educational and outreach 2507 services and programs as requested by City at a price to be mutually agreed upon between the Contractor 2508 and the Agreement Administrator. In the event Contractor and the Agreement Administrator cannot reach a 2509 mutually agreed upon price for the requested service or program, City has the right to procure the service of 2510 other vendors or contractors to provide the requested service. 2511 FINAL AGREEMENT Page 72 of 183
20.10 Operations Plans. Contractor must adhere to the Transition Plan included as Exhibit 5, 2512 Customer Service Plan included as Exhibit 7, and Collection Service Operations Plan included as Exhibit 8 2513 that present the specific collection and processing programs that will be implemented in the City. 2514 Article 21. Emergency Service 2515
21.01 Revised Services During an Emergency. In the event of a major storm, earthquake, fire, 2516 natural disaster, or other such event, the Agreement Administrator may grant the Contractor a variance from 2517 regular routes and schedules, which will not be withheld unreasonably. As soon as practicable after such 2518 event, Contractor must advise the Agreement Administrator when it is anticipated that normal routes and 2519 schedules can be resumed. The Agreement Administrator will make an effort through the local news media 2520 to inform the public when regular services may be resu med. The clean-up from some events may require 2521 that Contractor hire additional equipment, employ addi tional personnel, or work existing personnel on 2522 overtime hours to clean debris resulting from the ev ent. Contractor will receive additional compensation, 2523 above the normal compensation contained in this Ag reement, to cover the costs of rental equipment, 2524 additional personnel, overtime hours and other documented expenses based on the rates set forth in Exhibit 2525 1 provided Contractor has first secured written authorization and approval from City through the Agreement 2526 Administrator. City will be given equal priority and access to resources as with other franchise jurisdictions 2527 held by Contractor or its affiliates. 2528
21.02 Disaster Recovery Support. In the event of a tornado, major storm, earthquake, fire, natural 2529 disaster, or other such event, Contractor agrees to provide disaster recovery support upon request by 2530 Agreement Administrator. This may include additional hauling of debris, special handling such as wrapping 2531 waste in plastic (i.e., “burrito wrapping”), temporary storage of debris where feasible, additional disposal, use 2532 of different transfer and disposal facilities, and do cumentation of debris type, weight, and diversion. 2533 Contractor should follow protocol laid out in the City’s Draft Disaster Debris Plan and any subsequent County 2534 or City Disaster Debris Plans, as applied to solid waste hauling and handling. 2535 Article 22. Record Keeping and Reporting Requirements 2536
22.01 Record Keeping. Notwithstanding Article 47 herein: 2537
22.01.1 Accounting Records. Contractor must maintain full, complete and separate 2538 financial, statistical and accounting records, pertaini ng to cash, billing, and provisions of all Collection 2539 Services, prepared on an accrual basis in accordance with generally accepted accounting principles. Such 2540 records will be subject to audit, copy, and inspection for the purposes set forth in Section 17.02.3. Gross 2541 receipts derived from provision of the Collection Services, whether such services are performed by 2542 Contractor or by a subcontractor or subcontractors, will be recorded as revenues in the accounts of 2543 Contractor. The Contractor shall keep and preserve, during the Term of this Agreement, and for a period 2544 of not less than four (4) years following expiration or other termination hereof, full, complete and accurate 2545 records, including all cash, billing and disposal records, as indicated in the Agreement. 2546
22.01.1.1 City reserves t he right to request audited, reviewed, or compiled 2547 financial statements prepared by an in dependent Certified Public Account ant, or as may be provided by 2548 FINAL AGREEMENT Page 73 of 183
Contractor or its parent company. In the event that Contractor does not maintain separate financial or 2549 accounting records prepared specifically for services provided under this Agreement, Contractor may use 2550 industry standard allocation methods to provide financial information as applicable to the service provided 2551 under this Agreement. 2552
22.01.2 Agreement Materials Records. Contractor must maintain records of the quantities 2553 of (i) Residential, MFD, MXD and Commercial Solid Waste Collected and disposed under the terms of this 2554 Agreement, (ii) Recyclable Materials, by type, Collected, purchased, processed, sold, donated or given for 2555 no compensation, and residue disposed under the terms of this Agreement, and (iii) Organic Waste by type, 2556 Collected, purchased, processed, sold, donated or given for no compensation, and residue disposed under 2557 the terms of this Agreement 2558
22.01.3 Other Records. Contractor must maintain all other records reasonably related to 2559 provision of Collection Services, whether or not specified in this Agreement. 2560
22.01.4 Report Format. All reports to be subm itted in a format approved by the City, 2561 including electronic data submission in the City’s Waste Reporting System and in a format specified by the 2562 City. 2563
22.02 Quarterly Reporting. 2564
22.02.1 General. Quarterly reports must be su bmitted no later than 5 p.m. PT on the last 2565 day of the month following the end of Quarter in wh ich the receipts are collected and must be provided 2566 electronically using software acceptable to the City. If the last day of t he month falls on a day that City is 2567 closed or a holiday, then the report will be due on t he next business day. Failure to submit complete 2568 quarterly reporting by the due date will result in penalties as specified in Exhibit 6. 2569
22.02.2 City Reports. Quarterly reports to City must include: 2570
22.02.2.1 Quarterly Payment Reporting. The payment report must include 2571 an accounting of Contractor’s Gross Revenues received during the preceding Quarter, and the calculated 2572 Franchise Fee and Marketing and Sales of Recyclable Materials Payment. 2573
22.02.2.2 Franchised Tonnage and Service Data. Contractor must report the 2574 number of unique SFD and MFD accounts serviced , the number of unique Commercial, MXD, and City 2575 accounts serviced, tonnage of Garbage, Recyclable Materials and Organic Waste collected and processed 2576 for diversion broken down by Container type, Residual amounts from Recycling and Organic Waste 2577 Diversion operations that are landfilled. Quantitie s should be broken down by SFD, MFD, MXD, 2578 Commercial, and City Service Collection Services . MXD properties must have tonnage assigned 2579 appropriately to Residential and Commercial generators. 2580
22.02.2.3 Overweight Vehicle Reporting. The quarterly report must include 2581 a summary total of all instances of overweight Collection Vehicles. This summary must include the number 2582 of overweight vehicle instances expressed as a percentage of the total number of Collection Vehicle loads 2583 transported during the reported quarter. 2584
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22.02.2.4 Non-Collection. The quarterly report must include a summary of 2585 each Service Unit receiving a Non-Collection Notice in the previous quarter along with a description for the 2586 Non-Collection Notice. 2587
22.02.2.5 On-hold. The quarterly report must include each Service Unit that 2588 was not billed in the previous quarter due to vacation hold, vacancy etc. 2589
22.02.2.6 Collection Overage Charges. The quarterly report must include 2590 each Service Unit incurring a charge for a Solid Waste Overage in the previous quarter. 2591
22.02.2.7 Contamination Reporting. To the extent required by Applicable 2592 Law, the quarterly report must include a summary of all instances of qualifying contamination under the 2593 procedures in Section 5.08. This summary must include the total number of accounts where contamination 2594 occurred, the total number of Contamination Violation Notices issued by Contractor to Service Recipients, 2595 a list of accounts where such not ices occurred, and the total numbe r of instances where Collection 2596 Container size or Collection frequency was increased specifically due to contamination. Within twenty (20) 2597 Work Days of request by City, Contractor will provid e copies of the Contaminat ion Violation Notices and 2598 the digital documentation of contamination. 2599
22.02.2.8 Service Recipient Complain t Log. The quarterly report must 2600 include the Service Recipient call log collected from the previous quarter. 2601
22.03 Annual Reporting. 2602
22.03.1 General. An annual report must be submitted no later than 5 p.m. PT on January 2603 31, 2024 and each January 31st thereafter for the previous Calendar Year. If January 31st falls on a day that 2604 City is closed, then the report will be due on the nex t business day. Annual reports must be submitted 2605 electronically in software acceptable to the City. Fail ure to submit complete annual reporting by the due 2606 date will result in penalties as specified in Exhibit 6. Annual reports to City must include: 2607
22.03.1.1 Financial Statem ents. Contractor must submit annual financial 2608 statements for the local operation. Statements need not be reviewed or audited statements. 2609
22.03.1.2 Annual Sustainability and Compli ance Report. Contractor must 2610 complete and submit data sections within their Sustainability and Compliance Plan to document education 2611 and outreach conducted, public event par ticipation, school visits, compliance notices mailed, site visits, 2612 waste audits completed, information distributed, and media used, and community events hosted. This must 2613 include public education activities undertaken during the year, including distribution of bill inserts, collection 2614 notification tags, community information and events, tour s and other activities related to the provision of 2615 Collection Services, and must discuss the impact of these activities on recycling program participation and 2616 include amounts collected from SFD, MFD, MXD, Comme rcial, and City Service Units. The report should 2617 include a complete list of all non-exempt commercial accounts, which includes each non-exempt account’s 2618 status as a “covered generator” under AB 341, AB 1826 and SB 1383, the date and status of Contractor’s 2619 FINAL AGREEMENT Page 75 of 183
outreach efforts at each non-exempt account, and t he current level of Recycling and Organics program 2620 participation at each non-exempt account. 2621
22.03.1.3 Summary of Programs. An analysis of any Recycling and Organic 2622 Waste Collection, processing and ma rketing issues or conditions (s uch as participation, setouts, 2623 contamination, etc.) and possibl e solutions, discussed separately for Residential and Commercial 2624 programs. 2625
22.03.1.4 Solid Waste Data. The number of SFD, MFD, MXD, Commercial, 2626 and City Service Units and the number of Collection Containers distributed by size and Service Unit type. 2627
22.03.1.5 Waste Characterization Da ta. A breakdown of Solid Waste 2628 (Garbage, Recycling, and Organics) by material type as per CalRecycle material classifications. 2629
22.03.1.6 Recycling Data. Gross tons Co llected daily on average by material 2630 type by route for SFD, MFD, MXD, Commercial, and City Recycling se rvice, with map of routes. The 2631 average participation rates by quarter relative to the total number of Service Unit s by Service Unit type. 2632 Indicate, by material type (and grade where appropriate), annual totals of Recyclable Materials processed 2633 including facility name and location, average cost or price received per ton and total recycling cost or 2634 revenue received for the year. Indica te any quantities, by material ty pe, donated or otherwise disbursed 2635 without compensation. Indicate number of Recycling Collection Containers distributed by size and Service 2636 Unit type. Also provide annual totals and location for residue disposed. 2637
22.03.1.7 Organic Waste Data. Include average daily gross tons Collected 2638 by route, separated by Green Wast e and Food Waste, with map of routes. Include the total number of 2639 generators that receive each type of Organic Waste Collection Service provided by the Contractor. Indicate 2640 average daily number of set-outs by route. Indicate average participation rates relative to the total number 2641 of Service Units in terms of weekly set-out counts. Indicate number of Organic Waste Collection Containers 2642 distributed by size and Service Unit type. Indicate, by material type, annual totals of Organic Materials 2643 processed including facility name and location, average cost or price received per ton and total organics 2644 cost or revenue received for the year. Provide totals and location for Residue Disposed. Include the number 2645 of route reviews conducted for prohibited contaminan ts and the number of Non-Collection Notices issued 2646 to Service Recipients. 2647
22.03.1.8 Customer Service Log. A copy of the customer service log, 2648 including a summary of the type and number of complaints and their resolution. Copies of a written record 2649 of all calls related to missed pickups and responses to such calls. 2650
22.03.1.9 Customer Service Information Sheet. A copy of Contractor’s most 2651 recent Customer Service Information Sheet (i.e., custom er call center “cheat sheet”) for the City of Santa 2652 Clarita, or the equivalent information used by customer service representatives. 2653
22.03.1.10 Overweight Vehicle Data . A summary of all instances of 2654 overweight Collection Vehicles. This summary must also include the number of overweight vehicle 2655 FINAL AGREEMENT Page 76 of 183
instances as a percentage of the total number of Collection Vehicle loads transported during the Calendar 2656 Year. 2657
22.03.1.11 Summary Narrative. A summary narrative of problems 2658 encountered with Collection and processing activities and actions taken. Indicate type and number of Non-2659 Collection Notices left at Service Recipient locations. Indicate instances of property damage or injury, 2660 significant changes in operation, market factors, publicity conducted, needs for publicity. Include description 2661 of processed material loads rejected for sale, reason for rejection and disposition of load after rejection. 2662
22.03.1.12 Collection Container and V ehicle Inventory. An updated complete 2663 inventory of Collection Container s by type and size, and an updated comp lete inventory of Collection 2664 Vehicles including for each vehicle: truck number, route number, date purchased, vehicle type, tare weight, 2665 license plate number, fuel type and vehicle make and model. 2666
22.03.1.13 Diversion Rate. Contract or must provide documentation 2667 acceptable to City in its reasonable judgment st ating and supporting the Calendar Year’s Franchise 2668 Diversion Rate, as calculated in accordance with t he provisions of Article 8. Any tonnages diverted and 2669 disposed from large venues and events during the reporting period will be counted towards the calculated 2670 diversion rate. 2671
22.03.1.14 AB 341, AB 1826, and SB 1383 Compliance Data. Contractor 2672 must report the total number of Commercial and MFD/MXD Service Units serviced and the number of 2673 containers, container sizes and fre quency of collection for Garbage, Recyclable Materials and Organic 2674 Waste for each non-exempt Commercial and MFD/MXD Se rvice Unit. Contractor must also provide the 2675 following information separately for both AB 341 and AB 1826: 2676
22.03.1.15 The total number of no n-exempt Commercial, MFD, and MXD 2677 Service Units that fall under the AB 341 or AB 1826 thresholds, and the total number of those non-exempt 2678 Commercial, MFD, and MXD Service Units that are not subscribed to Commercial, MFD, or MXD Recycling 2679 Collection Service or Commercial, MFD, or MXD Organics Collection Service. 2680
22.03.1.16 A summary of the type of fo llow-up outreach that was provided to 2681 those non-exempt Commercial, MFD, and MXD Service Units that are not subscribed to Commercial, MFD, 2682 or MXD Recycling Collection Service or Commercial, MFD, or MXD Organics Collection Service. 2683
22.03.1.17 Contractor shall provide pr oof of training records for Service 2684 Recipient personnel, emergency procedures, Customer Service Courtesy, and how to recognize Illicit 2685 Discharges and stormwater pollution sources. 2686
22.04 Diversion Calculation and Data. By 5 p.m. PT on February 14, 2024 and annually thereafter 2687 during the term of this Agreement, Contractor must de liver to City, in the format specified by City, the 2688 Calendar Year’s Franchised Diversion Rate, as calculated in accordance with the provisions of Article 8. Any 2689 tonnages Diverted and disposed from large venues a nd events during the reporting period will be counted 2690 towards the calculated Diversion rate. 2691
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22.05 CalRecycle Reports. Contractor will provide reasonable assistance to City in preparing 2692 annual reports to CalRecycle (the “Electronic Annual Report” or EAR), including but not limited to supplying 2693 required data for preparation of the reports, and comp leting all required data input in the Waste Reporting 2694 System. 2695
22.05.1 In the event that CalRecycle requires City to report an Implementation Schedule 2696 to comply with AB 341, AB 1826, SB 1383, SB 1594 and other Applicable Laws, Contractor will provide 2697 assistance to City in preparing a report, including Contractor’s policies and procedures related to 2698 compliance with AB 341, AB 1826, SB 1383, and other Applicable Laws and how Recyclable Materials or 2699 Organic Waste are collected, a description of the g eographic area, routes, list of addresses served and a 2700 method for tracking contamination, co pies of route audits, copies of not ice of contamination, copies of 2701 notices, violations, education and enforcement actions issued, and copies of educational materials, flyers, 2702 brochures, newsletters, website, and social media. 2703
22.06 Waste Characterization Audit. Contractor mu st conduct statistically-valid waste audits of 2704 Residential and Commercial Service Recipients’ waste once annually, including Recycling, Garbage, and 2705 Organic Waste, and provide characterization data to the City as part of its Annual Report (Section 22.03). 2706 Material types and guidance should follow CalRecycle requirements and/or recommendations. 2707
22.07 Additional Reporting. Contractor must fu rnish City with any additional reports as may 2708 reasonably be required, such reports to be prepared within a reasonable time following the reporting period. 2709 Article 23. Nondiscrimination 2710
23.01 Nondiscrimination. In the performance of all work and services under this Agreement, 2711 Contractor may not discriminate against any person based on such person’s race, sex, gender, gender 2712 identity, color, national origin, religion, marital status or sexual orientation. Contractor must comply with all 2713 applicable local, State and Federal laws and regulat ions regarding nondiscrimination, including those 2714 prohibiting discrimination in employment. 2715
Article 24. Service Inquiries and Complaints 2716
24.01 Contractor’s Customer Service. All service inquiries and complaints will be directed to 2717 Contractor. A representative of Contractor must be available to receive the complaints during normal 2718 business hours. Contractor is requir ed to use the City’s Resident Serv ice Center (RSC) or any customer 2719 Relationship Management System put in place by the City in the future for handling of customer complaints 2720 received by the City for hauling, illegal dumping, and any other services under this Agreement. Contractor 2721 must participate in mandatory RSC training before using system and at least annually thereafter. Customer 2722 Service training shall include Service Recipient courtesy, shall prohibit the use of loud or profane language, 2723 and shall instruct Collection crews to perform the work quietly. Contractor shall use its best efforts to assure 2724 that all employees present a neat app earance and conduct themselves in a courteous manner. All service 2725 complaints will be handled by Contractor in a prompt and efficient manner. RSC cases must be addressed 2726 and resolved within three (3) Work Days. In the ca se of a dispute between Contractor and a Service 2727 Recipient, the matter will be reviewed, and a decision made by the Agreement Administrator. 2728 FINAL AGREEMENT Page 78 of 183
24.01.1 Contractor will utilize the Customer Service Log to maintain a record of all inquiries 2729 and complaints in a manner prescribed by City. 2730
24.01.2 For those complaints related to missed Collections, where Containers are properly 2731 and timely set out, that are received by 12:00 noon on a Work Day, Contractor will return to the Service 2732 Unit address and Collect the missed materials before leaving the Service Area for the day. For those 2733 complaints related to missed Collections that are received after 12:00 noon on a Work Day, Contractor will 2734 have until the end of the following Work Day to resolve the complaint. For those complaints related to repair 2735 or replacement of Collection Containers, the appropriate Sections of this Agreement will apply. 2736
24.01.3 Contractor agrees that it is in the best interest of City that all Garbage, Recyclable 2737 Materials, and Organic Waste be collected on the scheduled Collection day. Accordingly, missed 2738 Collections will normally be Collected as set forth ab ove regardless of the reas on that the Collection was 2739 missed. However, in the event a Service Recipient requests missed Collection service more than two (2) 2740 times in any consecutive two (2) month period the Agre ement Administrator will work with Contractor to 2741 determine an appropriate resolution to that situation. In the event Contractor believes any complaint to be 2742 without merit, Contractor will notify the Agreement Admi nistrator, by e-mail. The Agreement Administrator 2743 will investigate all disputed complaints and render a decision. 2744
24.01.4 Contractor’s service and emergency telephone numbers must be accessible by a 2745 local (City) phone number or toll-free number. The service telephone number(s) must be listed in the area’s 2746 telephone directories under Contractor’s name in the White Pages and available through an online search 2747 and listed on the Contractor’s website. 2748
Article 25. Quality of Performance of Contractor 2749
25.01 Intent. Contractor acknowledges and agrees that one of City’s primary goals in entering 2750 into this Agreement is to ensure that the Collection Services are of the highest caliber, that Service Recipient 2751 satisfaction remains at the highest level, that maximu m diversion levels are achieved, and that materials 2752 Collected are put to the highest and best use to the extent possible. 2753
25.02 Administrative Charges and Penalties. Qualit y performance by the Contractor is of primary 2754 importance. In respect of this, Contractor agrees to pay City administrative charges and penalties as detailed 2755 in Exhibit 6 should Contractor fail to meet its responsibilities under this Agreement. Should Contractor be in 2756 breach of the requirements set forth in this Agreement, it is mutually understood and agreed that the public 2757 will necessarily suffer damages and that such damages, from the nature of the default in performance will 2758 be extremely difficult and impractical to fix. City finds, and the Contractor agrees, that as of the time of the 2759 execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages 2760 which will be incurred by City as a result of a breach by Contractor of its obligations under this Agreement. 2761 The factors relating to the impracticability of ascert aining damages include, but are not limited to, the fact 2762 that: (i) substantial damage results to members of t he public who are denied services or denied quality or 2763 reliable service; (ii) such breaches cause inconvenience, anxiety, frustration and deprivation of the benefits 2764 of this Agreement to individual members of the general public for whose benefit this Agreement exists, in 2765 subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary 2766 FINAL AGREEMENT Page 79 of 183
terms; (iii) services might be available at substantially lower costs than alternative services, and the monetary 2767 loss resulting from denial of services or denial of qua lity or reliable services is impossible to calculate in 2768 precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies 2769 are, at best, a means of future correction and not remedies which make the public whole for past breaches. 2770
25.03 Procedure for Review of Administrative Charges. The Agreement Administrator may 2771 assess administrative charges and penalties as specified in Exhibit 6 pursuant to this Agreement quarterly. 2772 At the end of each quarter during the term of this Agreement, the Agreement Administrator will issue a written 2773 notice to Contractor (“Notice of Assessment”) of the administrative charges assessed and the basis for each 2774 assessment. 2775
25.03.1 The assessment will become final unless, within ten (10) calendar days of the date 2776 of the notice of assessment, Contractor provides a wr itten request for a meeting with the City Manager to 2777 present evidence that the assessment should not be made. 2778
25.03.2 The Agreement Administrator will schedule a meeting between Contractor and the 2779 City Manager as soon as reasonably possible after timely receipt of Contractor’s request. 2780
25.03.3 The City Manager will review Contractor’s evidence and render a decision 2781 sustaining or reversing the administrative charges as soon as reasonably possible after the meeting. Written 2782 notice of the decision will be provided to Contractor. 2783
25.03.4 In the event Contractor does not submit a written request for a meeting within ten 2784 (10) calendar days of the date of the Notice of Assessment, the Agreement Administrator’s determination 2785 will be final. 2786
25.03.5 City’s assessment or collection of administrative charges will not prevent City from 2787 exercising any other right or remedy, including the right to terminate this Agreement, for Contractor’s failure 2788 to perform the work and services in the manner set forth in this Agreement. 2789
25.04 Uncontrollable Circumstances. 2790
25.04.1 If either party is prevented from or delayed in performing its duties under this 2791 Agreement by circumstances beyond its control, whether or not foreseeabl e, including, without limitation, 2792 acts of terrorism, landslides, lightning, forest fires, storms, floods, severe weather, freezing, earthquakes, 2793 other natural disasters, th e threat of such natural disasters, p andemics (or threat of same), quarantines, 2794 civil disturbances, acts of the public enemy, wars, bloc kades, public riots, strikes, lockouts, or other labor 2795 disturbances, acts of government or governmental restraint or ot her causes, whether of the kind 2796 enumerated or otherwise, that are not reasonably within the control of the affected party, then the affected 2797 party will be excused from performance hereunder during the period of such disability. 2798
25.04.2 The party claiming excuse from performance must promptly notify the other party 2799 when it learns of the existence of such cause, including the facts constituting such cause, and when such 2800 cause has terminated. 2801
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25.04.3 The interruption or discontinuance of services by a party caused by circumstances 2802 outside of its control will not constitute a default under this Agreement. 2803 Article 26. Performance Bond 2804
26.01 Performance Bond. Within ten (10) Busines s Days from the date the City Council approves 2805 this Agreement, Contractor must furnish to City , and keep current, a performance bond, for the faithful 2806 performance of this Agreement and all obligations arising hereunder in an amount as follows: 2807
26.01.1 From July 1, 2023 and so long as this Agreement or any extension thereof remains 2808 in force, Contractor must maintain a performance bond in the amount of two million dollars ($2,000,000). 2809
26.01.1.1 The performance bond must be executed by a surety company 2810 licensed to do business in the State of California; having an "A-" or better rating by A. M. Best or Standard 2811 and Poor’s; and included on the list of surety companies approved by the Treasurer of the United States. 2812
26.01.1.2 In the event City draws on the bond, all of City’s costs of collection 2813 and enforcement of the Bond, including reasonable attorney’s fees and costs, must be paid by Contractor. 2814
26.01.1.3 The Performance Bond must be renewed annually for the entire 2815 term of the Agreement and evidence must be provided to City annually. 2816 Article 27. Insurance 2817
27.01 Insurance Policies. Contractor must secure and maintain throughout the term of this 2818 Agreement insurance against claims for injuries to persons or damages to property which may arise from or 2819 in connection with Contractor’s performance of wo rk or services under this Contract. Contractor’s 2820 performance of work or services includes performance by Contractor’s employees, agents, representatives 2821 and subcontractors. 2822
27.02 Minimum Scope of Insurance. Insurance coverage must be at least this broad: 2823
27.02.1 Insurance Services Office Form No. GL 0002 (Ed. 1/96) covering Comprehensive 2824 General Liability and Insurance Services Office Form No. GL 0404 covering Broad Form Comprehensive 2825 General Liability; or Insurance Serv ices Office Commercial General Li ability coverage (“occurrence” form 2826 CG 0001), including X, C, U where applicable. 2827
27.02.2 Insurance Services Office Form No.CA 0001 (Ed. 12/93) covering Automobile 2828 Liability, code 1 “any auto”, or code 2 “owned autos ” and endorsement CA 0025. Coverage must also 2829 include code 8, “hired autos” and code 9 “non-owned autos”. 2830
27.02.3 Workers’ Compensation insurance as required by the California Labor Code and 2831 Employers Liability Insurance. 2832
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27.02.4 Environmental Pollution Liability Insurance. 2833
27.03 Minimum Limits of Insurance. Contractor must maintain insurance limits no less than: 2834
27.03.1 Comprehensive General Liability: $3,000,000 combined single limit per occurrence 2835 for bodily injury, personal injury and property damage. If Commercial General Liab ility insurance with a 2836 general aggregate limit is used, either the general aggr egate limit will apply separately to this Agreement 2837 or the general aggregate limit must be $5,000,000. 2838
27.03.2 Automobile Liability: $10,000,000 comb ined single limit per accident for bodily 2839 injury and property damage. 2840
27.03.3 Workers’ Compensation and Employers Liability: Workers’ Compensation limits as 2841 required by the California Labor Code and Employers Liability limits of $1,000,000 per accident. 2842
27.03.4 Environmental Pollution Liability: $3,000,000 per occurrence and $5,000,000 2843 aggregate, with five (5) years tail coverage. Coverage shall include bodily injury or property damage arising 2844 out of the actual, alleged or threat ened discharge, dispersal, seepage, migration, release or escape of 2845 pollutants resulting from Contractor’s operations. 2846
27.03.5 If Consultant maintains higher limits than the minimum shown above, the City 2847 requires and shall be entitled to coverage for the hi gher limits maintained by the Service Provider. Any 2848 available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be 2849 available to the City. 2850
27.04 Deductibles and Self-Insured Retention. An y deductibles or self-insured retention must be 2851 declared to City’s risk manager. Should City form a reasonable belief that Contractor may be unable to pay 2852 any deductibles or self-insured retentions, Contractor must procure a bond guaranteeing payment of losses 2853 and related investigations, claim administration and defense expenses in an amount specified by City’s risk 2854 manager. 2855
27.05 Endorsements. The policies are to contai n, or be endorsed to contain, the following 2856 provisions: 2857
27.05.1 General Liability, Automobile and Environmental Liability Coverage. 2858
27.05.1.1 City, its officers, employees, agents and contractors are to be 2859 covered as additional insureds as respects: Liability ar ising out of activities performed by, or on behalf of, 2860 Contractor; products and completed operations of C ontractor; premises owned, leased or used by 2861 Contractor; and automobiles owned, leased, hired or borrowed by Contractor. The coverage must contain 2862 no special limitations on the scope of protection a fforded to City, its officers, employees, agents and 2863 contractors. 2864
27.05.1.2 Contractor’s insurance coverage must be primary insurance as 2865 respects City, its officers, employees, agents and contractors. Any insurance, or self-insurance maintained 2866 FINAL AGREEMENT Page 82 of 183
by City, its officers, employees, agent s or contractors will be in excess of Contractor’s insurance and will 2867 not contribute with it. 2868
27.05.1.3 Any failure to comply with reporting provisions of the policies will 2869 not affect coverage provided to City, its officers, employees, agents, or contractors. 2870
27.05.1.4 Coverage must State that Contractor’s insurance will apply 2871 separately to each insured against whom claim is made or suit is brought, except with respect to the limits 2872 of the insurer’s liability. 2873
27.05.2 All Coverage. Each insurance policy required by this Agreement must be endorsed 2874 to State that coverage may not be canceled except after thirty (30) calendar days (ten (10) days in the event 2875 of cancellation for non-payment) prior written notice ha s been given to City. Moreover, Contractor will not 2876 order the cancellation of any required insurance policy or change in insurance policy limits without thirty 2877 (30) days prior written notice to City by Contractor. 2878
27.06 Acceptability of Insu rers. Insurance is to be placed with insurers having an A.M. Best rating 2879 of A-/VII or better. 2880
27.07 Verification of Coverage. Contractor must furnish City with certificates of insurance and 2881 with original endorsements affecting coverage required by this Agreement. The certificates and endorsement 2882 for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its 2883 behalf. Contractor must furnish City with a new certificate of insurance and endorsements on each renewal 2884 of coverage or change of insurers. 2885
27.07.1 Proof of insurance must be mailed to the following address or any subsequent 2886 address as may be directed by the City: 2887
City of Santa Clarita Neighborhood Services Department 2888 Attn: Environmental Services Manager 2889
23920 Valencia Blvd., Suite 102 2890
Santa Clarita, CA 91355 2891
27.08 Subcontractors. Contractor must include a ll subcontractors performing services in the City 2892 as insureds under its policies or subcontractors must obtain separate certificates and endorsements. 2893
27.09 Modification of Insurance Requirements. The insurance requirem ents provided in this 2894 Agreement may be modified or waived by City’s risk manager, in writing, upon the request of Contractor if 2895 City’s risk manager determines such modification or wa iver is in the best interest of City considering all 2896 relevant factors, including exposure to City. 2897
27.10 Rights of Subrogation. All required insu rance policies must preclude any underwriter's 2898 rights of recovery or subrogation against City with respect to matters related to Contractor’s performance of 2899 its obligations under this Agreement, with the expres s intention of the parties being that the required 2900 insurance coverage protects both parties as the pr imary coverage for any and all losses covered by the 2901 FINAL AGREEMENT Page 83 of 183
above-described insurance. Contractor must ensure that any companies issuing insurance to cover the 2902 requirements contained in this Agreement agree that they will have no recourse against City for payment or 2903 assessments in any form on any policy of insurance. The clauses ‘Other Insurance Provisions’ and ‘Insured 2904 Duties in the Event of an Occurrence, Claim or Suit’ as it appears in any policy of insurance in which City is 2905 named as an additional insured will not apply to City. 2906
27.11 Failure to maintain insurance. Should Contractor fail to obtain or maintain insurance as 2907 required by this Agreement, Contractor shall have se ven (7) days to cure the defect, during which time 2908 City shall have the option, but not the obligation to, at Contractor's sole expense: (i) hire replacement waste 2909 hauler services to perform Contractor's tasks until insurance coverage is resumed; or (ii) obtain replacement 2910 insurance coverage during said cure period. Should Contractor fail to correct this defect, City shall have the 2911 option to terminate this Agreement immediately. 2912
Article 28. Hold Harmless and Indemnification 2913
28.01 Hold Harmless for Consultant's Damages. C ontractor holds City, its elected officials, 2914 officers, agents, employees, and volunteers harmless fr om all of Contractor’s claims, demands, lawsuits, 2915 judgments, damages, losses, injuries or liability to Cont ractor, to Contractor’s employees, to Contractor’s 2916 contractors or subcontractors, or to the owners of Contractor’s firm, which damages, losses, injuries or 2917 liability occur during the work or services required unde r this Agreement, or performance of any activity or 2918 work required under this Agreement. 2919
28.02 Defense and Indemnity of Third Party Clai ms/Liability. Contractor shall indemnify, defend 2920 with legal counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers 2921 from and against all liability including, but not limit ed to, loss, damage, expense, cost (including without 2922 limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature 2923 arising out of or in connection with Contractor’s ne gligence, reckless ness, or willful misconduct in the 2924 performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, 2925 except such loss or damage which is caused by the active negligence or willful misconduct of City. Should 2926 conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or 2927 should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse City its 2928 costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs 2929 and fees of litigation. The Contractor shall promptly pay City any final judgment rendered against City (and 2930 its officers, officials, employees and volunteers) with re spect to claims determined by a trier of fact to have 2931 been the result of Contractor’s negligent, reckless or wrongful performance. It is expressly understood and 2932 agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of 2933 the State of California and will survive termination of this Agreement. 2934
28.02.1 Contractor’s obligations under this Section apply regardless of whether or not such 2935 claim, charge, damage, demand, action, proceeding, lo ss, stop notice, cost, expense, judgment, civil fine 2936 or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the 2937 rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold 2938 harmless City for liability attributable to the active neg ligence of City, provided such active negligence is 2939 determined by agreement between the parties or by findi ngs of a court of competent jurisdiction. In 2940 FINAL AGREEMENT Page 84 of 183
instances where City is shown to have been actively negligent and where City’s active negligence accounts 2941 for only a percentage of the liability in volved, the obligation of the Contra ctor will be for that entire portion 2942 or percentage of liability not attributable to the active negligence of City. 2943
28.03 Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, 2944 defense or hold harmless rights under this Section beca use of the acceptance by City, or the deposit with 2945 City, of any insurance certificates or policies described in Article 27. 2946
28.04 Diversion Indemnification. Subject to th e requirements of Public Resources Code section 2947 40059.1, which will control in the event of any conflict with the provisions of this Section, Contractor agrees 2948 to protect and defend City Indemnitees with counsel selected by Contractor and approved by City, to pay all 2949 attorneys’ fees, and to indemnify and hold City Indemnitees harmless from and against all fines or penalties 2950 imposed by the California Integrated Waste Management Board if the diversion goals specified in California 2951 Public Resources Code section 41780, as it may be amended, are not met by City with respect to the 2952 Materials Collected by Contractor and if the lack in meeting such goals are attributable to the failure of 2953 Contractor to implement and operate the recycling or diversion programs or undertake the related activities 2954 required by this Agreement. In the event CalRecycle provides an administrative process to challenge the 2955 imposition of a compliance order or a fine or fines, Contractor will be responsible for engaging any 2956 consultants or attorneys necessary to represent City in any challenge. Contractor will be responsible for the 2957 retention of and payment to any co nsultants engaged to perform waste generation studies (diversion and 2958 disposal). All consultants and attorneys engaged here under are subject to the agreement of City and 2959 Contractor. 2960
28.05 Hazardous Substances Indemnification. Contractor agrees to indemnify, defend (with 2961 counsel reasonably approved by City), protect and hold harmless the City Indemnitees from and against any 2962 and all Claims of any kind whatsoever paid, suffered or incurred by or against the City Indemnitees resulting 2963 from any repair, cleanup, removal action or response action undertaken pursuant to CERCLA, the Health & 2964 Safety Code or other similar Federal, State or loca l law or regulation, with respect to Solid Waste or 2965 Household Hazardous Waste Collected and Disposed of by Contractor. The foregoing indemnity is intended 2966 to operate as an agreement pursuant to Section 10 7(e) of CERCLA and Section 25364 of the Health & 2967 Safety Code to defend, protect, hold harmless and indemnify the City Indemnitees from all forms of liability 2968 under CERCLA, the Health & Safety Code or other similar Federal, State or local law or regulation. 2969
28.06 Proposition 218 Release. City intends to comply with all applicable laws concerning the 2970 Maximum Service Rates provided under this Agreement. Upon thorough analysis, the parties have made a 2971 good faith determination that the Maximum Service Rates for the Solid Waste Collection Services provided 2972 under this Agreement are not subjec t to California Constitution Articl es XIIIC and XIIID because, among 2973 other reasons, such services are pr ovided by a private cor poration and not by City pursuant to Article 5, 2974 Contractor independently establishes the rates for services within the limits established in this Agreement, 2975 the receipt of services is voluntary and not required of any property within Ci ty, and any owner or Service 2976 Recipient of property within City has the opportunity to avoid the services available under this Agreement 2977 either through self-hauling or use of property in such a manner that Solid Waste is not generated. 2978 Accordingly, Contractor agrees to hold harmless and release the City Indemnitees from and against any and 2979 all claims Contractor may have against the City Indemnitees resulting in any form from the Maximum Service 2980 FINAL AGREEMENT Page 85 of 183
Rates provided for under this Agreement or in connec tion with the application of California Constitution 2981 Article XIIIC and Article XIIID to the imposition, payment or collection of the rates under this Agreement. This 2982 Section will survive the expiration or termination of this Agreement for Claims arising prior to the expiration 2983 or termination of this Agreement. 2984
28.07 Consideration. It is specifically underst ood and agreed that the c onsideration inuring to 2985 Contractor for the execution of this Agreement consists of the promis es, payments, covenants, rights and 2986 responsibilities contained in this Agreement. 2987
28.08 Obligation. This Agreement obligates Contractor to comply with the foregoing 2988 indemnification and release provisions; however, the colla teral obligation of providing insurance must also 2989 be complied with as set forth in this Agreement. The provision of insurance and the coverage limits therein 2990 shall not in any way be a limitation on Contractor’s indemnification and defense obligations. 2991
28.09 Subcontractors. Contractor must require all subcontractors performing work in the City to 2992 enter into a contract containing the provisions set forth in Section 27.01 in which contract the subcontractor 2993 fully indemnifies City in accordance with this Agreement. 2994
28.10 Exception. Notwithstanding other provisions of this Agreement, Contractor’s obligation to 2995 indemnify, hold harmless and defend City, its officers and employees will not extend to any loss, liability, 2996 penalty, damage, action or suit arising or resulting solely from acts or omissions constituting active 2997 negligence, willful misconduct, breach of this Agreement, or violation of law on the part of City, its officers or 2998 employees. 2999
28.11 Damage by Contractor. If Contractor’s em ployees or subcontract ors cause any injury, 3000 damage or loss to City property, including but not limited to City streets or curbs, excluding normal wear and 3001 tear, Contractor must reimburse City for City’s cost of repairing or replacing such injury, damage or loss. 3002 Such reimbursement is not in derogation of any right of City to be indemnified by Contractor for any such 3003 injury, damage or loss. With the prior written appr oval of City, Contractor may repair the damage at 3004 Contractor’s sole cost and expense. Any injury, damage or loss to private property caused by the negligent 3005 or willful acts or omissions of Contractor to privat e property must be repaired or replaced by Contractor at 3006 Contractor’s sole expense. Disputes between Contract or and its Service Recipients or private property 3007 owners as to damage to private property are civil matters and complaints of damage will be referred to 3008 Contractor as a matter within its sole responsibility and as a matter within the scope of Section 27.01 3009 [Indemnification]. 3010
Article 29. Default of Agreement 3011
29.01 Termination. City may cancel this Agreemen t, except as otherwise provided below in this 3012 Section, by giving Contractor thirty (30) calendar day s advance written notice, to be served as provided in 3013 this Agreement, upon the happening of any one of the following events: 3014
29.01.1 Contractor takes the benefit of any present or future insolvency statute, or makes 3015 a general assignment for the benefit of creditors, or f iles a voluntary petition in bankruptcy (court) or a 3016 FINAL AGREEMENT Page 86 of 183
petition or answer seeking an arrangement for its r eorganization or the readjustment of its indebtedness 3017 under the Federal bankruptcy laws or under any other law or statute of the Un ited States or any State 3018 thereof, or consent to the appointment of a receiver, trus tee or liquidator of all or substantially all of its 3019 property; or 3020
29.01.2 By order or decree of a court, Contractor is adjudged bankrupt or an order is made 3021 approving a petition filed by any of its creditors or by any of the stockholders of Contractor, seeking its 3022 reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law 3023 or statute of the United States or of any State thereof, provided that if any such judgment or order is stayed 3024 or vacated within sixty (60) calendar days after the entry thereof, any notice of default will be and become 3025 null, void and of no effect; unless such stayed judgment or order is reinstated in which case, such default 3026 will be deemed immediate; or 3027
29.01.3 By, or pursuant to, or under the authority of any legislative act, resolution or rule 3028 or any order or decree of any court or governmental board, agency or officer having jurisdiction, a receiver, 3029 trustee or liquidator takes possession or control of all or substantially all of the property of Contractor, and 3030 such possession or control continues in effect for a period of sixty (60) calendar days; or 3031
29.01.4 Contractor has defaulted, by failing or refusing to pay in a timely manner the 3032 administrative charges or other moni es due City and such default is not cured within thirty (30) calendar 3033 days of receipt of written notice by City to do so; or 3034
29.01.5 Contractor has defaulted by allowing any final judgment for the payment of money 3035 owed to City to stand against it unsatisfied and such default is not cured within thirty (30) calendar days of 3036 receipt of written notice by City to do so; or 3037
29.01.6 In the event that the monies due City under Section 29.01.3 above or an unsatisfied 3038 final judgment under Section 29.01.4 above is the subject of a judicial proceeding, Contractor will not be in 3039 default if the sum of money is bonded. All bonds must be in the form acceptable to the City Attorney; or 3040
29.01.7 Contractor has defaulted, by failing or refusing to perform or observe any of the 3041 terms, conditions or covenants in this Agreement, including, but not limited to, the maintenance of a 3042 performance bond in accordance with Article 26, or an y of the rules and regulations promulgated by City 3043 pursuant thereto or has wrongfully failed or refused to comply with the instructions of the Agreement 3044 Administrator relative thereto and such default is not cu red within thirty (30) calendar days of receipt of 3045 written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied 3046 within thirty (30) calendar days following receipt by Contractor of written demand from City to do so, 3047 Contractor fails to commence the remedy of such default within such thirty (30) calendar days following 3048 such written notice or having so commenced fails ther eafter to continue with diligence the curing thereof 3049 (with Contractor having the burden of proof to demonstrate (a) that the default cannot be cured within thirty 3050 (30) calendar days, and (b) that it is proceeding with diligence to cure such default, and such default will be 3051 cured within a reasonable period of time). Howeve r, notwithstanding anything contained herein to the 3052 contrary, for the failure of Contractor to provide Coll ection Services for a period of three (3) consecutive 3053 Work Days, City may secure Contractor's records on t he fourth (4th) Work Day in order to provide interim 3054 FINAL AGREEMENT Page 87 of 183
Collection services until such time as the matter is resolved and Contractor is again able to perform pursuant 3055 to this Agreement; provided, however, if Contract or is unable for any reason or cause to resume 3056 performance at the end of thirty (30) calendar days all liability of City under this Agreement to Contractor 3057 will cease and this Agreement may be terminated by City. 3058
29.02 Violations. Notwithstanding the foregoing and as supplemental and additional means of 3059 termination of this Agreement under this Article, in the event that Contractor's record of performance shows 3060 that Contractor has defaulted in the performance of any of the covenants and conditions required herein to 3061 be kept and performed by Contractor three (3) or mo re times in any twenty-four (24) month period, and 3062 regardless of whether the Contractor has corrected each individual condition of default, Contractor will be 3063 deemed a "habitual violator", will be deemed to have wa ived the right to any further notice or grace period 3064 to correct, and all such defaults will be considered cumu lative and collectively will constitute a condition of 3065 irredeemable default. City will thereupon issue Contractor a final warning citing the circumstances therefore, 3066 and any single default by Contractor of whatever nature, subsequent to the occurrence of the last of such 3067 cumulative defaults, will be grounds for immediate term ination of the Agreement. In the event of any such 3068 subsequent default, City may terminate this Agreement upon giving of written final notice to Contractor, such 3069 cancellation to be effective upon the date specified in City's written notice to Contractor, and all contractual 3070 fees due hereunder plus any and all charges and interest will be payable to such date, and Contractor will 3071 have no further rights hereunder. Immediately upon the sp ecified date in such final notice Contractor must 3072 cease any further performance under this Agreement. 3073
29.03 Effective Date. In the event of any the events specified above, and except as otherwise 3074 provided in such subsections, termination will be effective upon the date specified in City's written notice to 3075 Contractor and upon such date this Agreement will be deemed immediately terminated and upon such 3076 termination, except for payment of services rendered up to and including the date of termination, all liability 3077 of City under this Agreement to Contractor will ceas e, and City will have the right to call the performance 3078 bond and will be free to negotiate with other contractors for the operation of interim and long-term Collection 3079 Services. Contractor must reimburse City for all direct and indirect costs of providing any interim Collection 3080 Services as a result of Contractor’s default in this Agreement. 3081
29.04 Termination Cumulative. City’s right to term inate this Agreement is cumulative to any other 3082 rights and remedies provided by law or by this Agreement. 3083
29.05 Alternative Service. Should Contractor, for any reason, except the occurrence or existence 3084 of any of the events or conditions set forth in Sect ion 25.04 [Uncontrollable Circumstances], refuse or be 3085 unable for a period of more than forty-eight (48) hours, to Collect a material portion or all of the Solid Waste 3086 which it is obligated under this Agreement to Collect, and as a result, Solid Waste should accumulate in City 3087 to such an extent, in such a manner, or for such a time that the City Manager, in the reasonable exercise of 3088 the City Manager's discretion, should find that such accumulation endangers or menaces the public health, 3089 safety or welfare, then City will have the right to Ag reement with another Solid Waste enterprise to Collect 3090 any or all Solid Waste which Contractor is obligated to Collect pursuant to this Contract. City must provide 3091 twenty-four (24) hours prior written notice to Contractor during the period of such event, before contracting 3092 with another Solid Waste enterprise to Collect any or all Solid Waste that Contractor would otherwise collect 3093 pursuant to this Agreement for the duration of period during which Contractor is unable to provide such 3094 FINAL AGREEMENT Page 88 of 183
services. In such event, Contractor must undertake commercially reasonable efforts to identify sources from 3095 which such substitute Solid Waste services are immediately available and must reimburse City for all of its 3096 expenses for such substitute services during period in which Contractor is unable to provide Collection 3097 services required by this Agreement. 3098
29.06 Survival of Certain Contractor Obligati on. Notwithstanding the termination of this 3099 Agreement by Contractor or City , Contractor’s obligation to i ndemnify, defend and hold City and City 3100 Indemnitees harmless as provided in this Agreement shall survive termination for five (5) years from the date 3101 of termination. Notwithstanding the termination of this Agreement by Contractor or City, such act shall not 3102 automatically invalidate or cancel any insurance po licy, letter of credit, performance bond or similar 3103 instruments provided by Contractor under this Agreement and such policies, letters of credit, performance 3104 bonds and other instruments shall remain in full force and effect for one full year after termination. 3105 Article 30. Modifications to the Agreement 3106
30.01 City-Directed Change. City has the power to make changes in this Agreement to impose 3107 new rules and regulations on Contractor under this Agreement relative to the scope and methods of providing 3108 Collection Services as may from time-to-time be necessary and desirable for the public welfare. The size of 3109 Collection Containers specified herein for Bundled Service are designed to meet the requirements of the 3110 State’s recycling mandates including AB 341, AB 1826 and SB 1383, and to be appropriate for the 3111 capabilities and capacities of available Material s Recovery Facilities and Organics Waste Processing 3112 Facilities at the start of this Agreement. The capabilities and capacities of such facilities may change during 3113 the term of this Agreement; as such City reserves the right to redirect materials to alternate facilities and 3114 change the designated sizes of Carts and/or Bins in Bundled Services in accordance with any such changes. 3115 City will give the Contractor notice of any proposed change and an opportunity to be heard concerning those 3116 matters, and agrees to adjust Service Rates to reflect additional costs borne by Contractor. The scope and 3117 method of providing Collection Services as referenc ed herein will be liberally construed to include 3118 procedures, operations and obligations, financial or otherwise, of Contractor. When such modifications are 3119 made to this Agreement, City and Contractor will negot iate in good faith, a reasonable and appropriate 3120 compensation adjustment for any increase or decrease in the services or other obligations required of 3121 Contractor due to any modification in the Agreem ent under this Article. City and Contractor will not 3122 unreasonably withhold agreement to such compensation adjustment. Should agreement between City and 3123 Contractor on compensation adjustment not be reached within six months of the change request, or other 3124 period as agreed upon by both parties, City and Contra ctor agree to submit the compensation adjustment 3125 to binding arbitration as described in Section 30.02. 3126
30.01.1 Change in Law. City and Contractor understand and agree that the California 3127 Legislature has the authority to make comprehensive changes in Solid Waste Collection legislation, and 3128 that these and other changes in Applicable Law in t he future which mandate certain actions or programs 3129 for counties, municipalities or Contractor may require changes or modifications in some of the terms, 3130 conditions or obligations under this Agreement. Contractor agrees that the terms and provisions of the City 3131 of Santa Clarita Municipal Code, as it now exists or as it may be amended in the future (in a manner not 3132 inconsistent with this Agreement), will apply to all of the provisions of this Agreement and the Service 3133 FINAL AGREEMENT Page 89 of 183
Recipients of Contractor located within the Service Area. In the event any future change in Federal law or 3134 regulations, State or local law of regulation, or the City Code materially alters the obligations of Contractor, 3135 then the affected Maximum Service Rates, as established in Exhibit 1 of this Agreement will be adjusted in 3136 accordance with Section Error! Reference source not found. . Nothing contained in this Agreement will 3137 require any party to perform any act or function contrary to law. City and Contractor agree to enter into good 3138 faith negotiations regarding modifications to this Ag reement which may be required in order to implement 3139 changes in the interest of the public welfare or due to Change in Law. When such modifications are made 3140 to this Agreement, City and Contractor will negot iate in good faith, a reasonable and appropriate 3141 compensation adjustment for any increase or decrease in the services or other obligations required of 3142 Contractor due to any Change in Law or modificati on in the Agreement under this Article. City and 3143 Contractor will not unreasonably withhold agreement to such compensation adjustment. Should agreement 3144 between City and Contractor on compensation adjustment not be reached within six months of the change 3145 request, or other period as agreed upon by both parti es, City and Contractor agree to submit the 3146 compensation adjustment to binding arbitration as described in Section 30.02. 3147
30.02 Arbitration. Arbitration s hall be conducted by a single arbitrator. If, within twenty (20) days 3148 from the receipt of a request to arbitrate (or such longer period mutually agreed to by the parties), the parties 3149 are unable to agree on an arbitrator, then a single arbitrator shall be appointed pursuant to the Commercial 3150 Arbitration Rules of the American Arbitration Association, which shall govern any arbitration requested under 3151 this provision. Each party shall bear its own costs and expenses of any arbitration. Each party shall pay one-3152 half of the costs of the arbitrator. 3153
Article 31. Legal Representation 3154
31.01 Acknowledgement. It is acknowledged that eac h party was, or had the opportunity to be, 3155 represented by counsel in the preparation of and cont ributed equally to the terms and conditions of this 3156 Agreement and, accordingly, the rule that a contract will be interpret ed strictly against the party preparing 3157 the same will not apply due to the joint contributions of both parties. 3158 Article 32. Conflict of Interest 3159
32.01 Financial Interest. Consultant is unaware of any City employee or official that has a 3160 financial interest in Consultant's business. During the term of this Agreement and/or as a result of being 3161 awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in 3162 Consultant's business by any City employee or official. 3163 Article 33. Contractor's Personnel 3164
33.01 Displaced Employees. Contractor shall offer employment to all qualified displaced 3165 employees of the City’s two franchisees from the prior Exclusive Solid Waste Franchise Agreement. 3166 Contractors must retain these displaced employees for a period of not less than 90 days, as provided for in 3167 Chapter 4.6, Sections 1070 through 1076 of the Califo rnia Labor Code. Contractor shall make information 3168 about wage rates, benefits and job classifications of employees available to the City prior to any subsequent 3169 procurement for solid waste collection. 3170
FINAL AGREEMENT Page 90 of 183
33.02 Personnel Requirements. C ontractor shall assign only qualif ied personnel to perform all 3171 services required under this Agreement, and shall be responsible for ensuring its employees comply with 3172 this Agreement and all Applicable Laws related to thei r employment and position. Contractor's employees, 3173 officers, agents, and subcontractors s hall not identify themselves or in any way represent themselves as 3174 being employees or officials of City. City may reques t the transfer of any employee of Contractor who 3175 materially violates any provision of this Agreemen t, or who is wanton, negligent, or discourteous in the 3176 performance of their duties under this Agreement. 3177
33.03 Agreement Manager. Contractor shall des ignate a qualified employee to serve as its 3178 Agreement Manager and must provide the name of that person in writing to City within thirty (30) days prior 3179 to the Commencement Date of this Agreement and annually by January 1st of each subsequent Calendar 3180 Year of this Agreement and any other time the pers on in that position changes. The Agreement Manager 3181 must be available to the City through the use of tele communications equipment at all times that Contractor 3182 is providing Collection Serv ices in the Service Area. The Contract Manager must provide City with an 3183 emergency phone number where the Contract Manager can be reached outside of normal business hours. 3184
33.04 Service Supervisor. Contractor shall assi gn a qualified employee to serve as is Service 3185 Supervisor to be in charge of the Collection Service wi thin the Service Area and must provide the name of 3186 that person in writing to the Agreement Administrator on or before the Commencement Date, and thereafter 3187 annually before January 1st of each subsequent Calendar Year of the Term, and any other time Contractor 3188 changes the employee serving in that position changes. The Service Supervisor must be physically located 3189 in the Service Area and available to the Agreement Administrator through the use of telecommunication 3190 equipment at all times that Contractor is providing Co llection Services. In the event the Service Supervisor 3191 is unavailable due to illness or vacation, Contractor must designate an substitute acceptable to the City who 3192 shall be available and shall have the authority to act in the same capacity as the Service Supervisor. 3193
33.05 Key Operations Staff. Contractor shall prov ide a full-time Key Operations Staff consisting 3194 at a minimum of: one (1) Operations Manager; one (1) Route Supervisor; one (1) Lead Mechanical 3195 Supervisor; and one (1) Service Recipient Service Supervisor 100% dedicated to the City. Each Key 3196 Operations Staff will provide the following to City Staff: email address, phon e number, cell phone number 3197 and office address. 3198
33.06 Sustainability/Complia nce Staff. In accordance with Section 20.01, Contractor shall provide 3199 full time Sustainability/Compliance Staff, whose primary duties are dedicated to the City. 3200
33.07 Field Personnel. Contractor’s field operations personnel are required to wear a clean 3201 uniform shirt bearing Contractor’s name. Contractor’s employees, who normally come into direct contact with 3202 the public, including drivers, must bear some means of individual photographic identification such as a name 3203 tag or identification card. Each driver of a Collection vehicle must at all times carry a valid California driver's 3204 license and all other required licenses for the type of vehicle that is being operated. 3205
33.08 Labor Certifications. C ontractor certifies: (i) it is aware of the provisions of Section 3700 of 3206 the California Labor Code that require every employ er to be insured against liability for Workers' 3207 Compensation or to undertake self-insurance in accordan ce with the provisions of that Code; (ii) in the 3208 FINAL AGREEMENT Page 91 of 183
performance of the Services, Contractor shall not, in any manner, employ any pers on or contract with any 3209 person so that any part of this Agreement is so performed by such person would be subject to the workers' 3210 compensation laws of the State of California unless and until Contractor gives City a certificate of consent 3211 to self-insure or a certificate of Workers' Compensation Insurance Coverage; and (iii) in the event Contractor 3212 hires any subcontractor who has employees to perform the any part thereof, then Contractor shall either 3213 require the subcontractor to obtain Workers' Compensation Insurance Co verage, or must obtain Workers' 3214 Compensation Insurance Coverage for the subcontra ctor's employees. Before commencing performance 3215 under this Agreement, Contractor shall provide to t he City evidence of any Workers' Compensation 3216 Insurance Coverage required by or for this Agreement, and all such coverage shall be endorsed with a 3217 waiver of subrogation in favor of City for all work performed by Contractor, its employees, its agents, and its 3218 subcontractors. 3219
33.09 Employment & Labor Practices. Contractor shall indemnify and hold harmless City and its 3220 elected officials, officers, employees, servants, designated volunteers, and agents serving as independent 3221 contractors in the role of City officials, from any and all liability, damages, cl aims, costs, and expenses of 3222 any nature to the extent arising from Contractor's personnel and labor prac tices. All duties of Contractor 3223 under this paragraph shall survive termination of this Agreement. 3224
33.10 Subcontractors. Contractor shall not subcont ract any portion of this Agreement without the 3225 prior written approval of the City Manager. Contractor is fully responsible to City for the performance of any 3226 and all subcontractors, if any, and shall require any subcontractors to maintain all applicable federal, state, 3227 and local licenses required for the work they are assigned to perform. Contractor shall require any 3228 subcontractors performing work in the City to enter into a written contract that requires such subcontractors 3229 to agree they are independent contractors and have no other agency relationship with City. 3230 Article 34. Exempt Waste 3231
34.01 Contractor is not required to Collect or dispose of Exempt Waste but may offer such 3232 services. All such Collection and disposal of Exempt Waste is not regulated under this Agreement, but if 3233 provided by Contractor must be in strict compliance with all Applicable Laws. 3234 Article 35. Independent Contractor 3235
35.01 In the performance of serv ices pursuant to this Agreement, Contractor is an independent 3236 contractor and not an officer, agent, servant or employ ee of City. Contractor will have exclusive control of 3237 the details of the services and work performed and ov er all persons performing such services and work. 3238 Contractor is solely responsible for the acts and om issions of its officers, agents, employees, contractors 3239 and subcontractors, if any. Neither Contractor nor its officers, employees, agents, contractors or 3240 subcontractors will obtain any right to retirement benefits, Workers Compensa tion benefits, or any other 3241 benefits which accrued to City employees and Contractor expressly waives any claim to such benefits. 3242
35.02 Subcontractors. Cont ractor will require all subcontractor s performing work in the City to 3243 enter into a contract containing the provisions set fo rth in the preceding subsecti on in which contract the 3244 FINAL AGREEMENT Page 92 of 183
subcontractor agrees that Contractor and subcontr actor are independent contractors and have no other 3245 agency relationship with City. 3246
Article 36. Laws to Govern 3247
36.01 The law of the State of Ca lifornia governs the rights, obli gations, duties and liabilities of 3248 City and Contractor under this Agreement and govern the interpretation of this Agreement. 3249 Article 37. Consent to Jurisdiction 3250
37.01 The parties agree that any litigation between City and Contractor concerning or arising out 3251 of this Contract must be filed and maintained exclusively in the Superior Courts of Los Angeles County, State 3252 of California, or in the Unit ed States District Court for the Central Dist rict of California to the fullest extent 3253 permissible by law. Each party consents to service of process in any manner authorized by California law. 3254 Article 38. Assignment 3255
38.01 No assignment of this Agreement or an y right occurring under this Agreement may be 3256 made in whole or in part by Contractor without the ex press prior written consent of the City. City will have 3257 full discretion to approve or deny, with or without c ause, any proposed or act ual assignment by the 3258 Contractor. Any assignment of this Agreement made by Contractor without the express written consent of 3259 the City will be null and void and will be grounds for City to declare a default of this Agreement and 3260 immediately terminate this Agreement by giving writ ten notice to Contractor, and upon the date of such 3261 notice Contract will be deemed immediately terminated, and upon such termination all liability of City under 3262 this Contract to Contractor will ce ase, and City will have the right to call the performance bond and will be 3263 free to negotiate with other contractors, for the services that are the subject of this Agreement. In the event 3264 of any assignment approved by City, the assignee must fully assume all the liabilities of Contractor by way 3265 of an assignment and assumption agreement. Notwithst anding the above, an assignment to an affiliate of 3266 Contractor may be undertaken upon notice to City, but without the requirement for its approval. For purposes 3267 of this provision, “affiliate” means any person or legal entity that, directly or indirectly, controls, is controlled 3268 by, or is under common control with Contractor. 3269
38.02 The use of a subcontractor to perform services under this Contract will not constitute 3270 delegation of Contractor’s duties provided that Contractor has received prior written authorization from the 3271 Agreement Administrator to subcontract such serv ices and the Agreement Administrator has approved a 3272 subcontractor who will perfor m such services. Contractor will be re sponsible for direct ing the work of 3273 Contractor’s subcontractors and any compensation due or payable to Contractor’s subcontractor will be the 3274 sole responsibility of Contractor. The Agreement Admini strator will have the right to require the removal of 3275 any approved subcontractor for reasonable cause. 3276
Article 39. Compliance with Laws 3277
39.01 In the performance of this Contractor, Cont ractor must comply with all Applicable Laws, 3278 including, without limitation, the Santa Clarita Municipal Code. 3279 FINAL AGREEMENT Page 93 of 183
39.02 City shall provide written notice to Co ntractor of any planned amendment of the Santa 3280 Clarita Municipal Code that would substantially affect the performance of Contractor’s services pursuant to 3281 this Agreement. Such notice must be provided at least th irty (30) calendar days prior to the City Council’s 3282 approval of such an amendment. 3283
Article 40. Permits and Licenses 3284
40.01 Contractor shall obtain, at its own expense, all permits, and licenses required by law or 3285 ordinance and maintain same in full force and effect throughout the term of this Agreement. Contractor must 3286 provide proof of such permits, licenses or approvals and must demonstrate compliance with the terms and 3287 conditions of such permits, licenses and approvals upon the request of the Agreement Administrator. 3288
40.02 The Contractor must have a valid City of S anta Clarita Business Tax Certificate throughout 3289 the term of the Franchise Agreement. 3290
Article 41. Ownership of Written Materials 3291
41.01 Contractor hereby grants City a non-exc lusive license as to all reports, documents, 3292 brochures, public education materials, and other similar written, printed, electronic or photographic materials 3293 developed by Contractor at the request of City or as required under this Agreement, and intended for public 3294 use, without limitation or restrictions on the use of such materials by City. Contractor may not use such 3295 materials that specifically reference City for other purposes without the prior written consent of the 3296 Agreement Administrator. This Article 41 does not apply to ideas or concepts described in such materials 3297 and does not apply to the format of such materials. 3298 Article 42. Waiver 3299
42.01 Waiver by City or Contract or of any breach for violation of any term covenant or condition 3300 of this Agreement will not be deemed to be a waiver of any other term, covenant or condition or any 3301 subsequent breach or violation of the same or of an y other term, covenant or condition. The subsequent 3302 acceptance by City of any fee, tax, or any other monies which may become due from Contractor to City will 3303 not be deemed to be a waiver by City of any breach for violation of any term, covenant or condition of this 3304 Agreement. 3305
Article 43. Prohibition Against Gifts 3306
43.01 Contractor represents that Contractor is familiar with City’s prohibition against the 3307 acceptance of any gift by a City officer or designated employee. Contractor may not offer any City officer or 3308 designated employee any gifts prohibited by the City. 3309 Article 44. Point of Contact 3310
44.01 The day-to-day dealings between Contract or and City will be between Contractor and the 3311 Agreement Administrator. 3312
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Article 45. Notices 3313
45.01 Except as provided in this Agreement, whenev er either party desires to give notice to the 3314 other, it must be given by written not ice addressed to the party for whom it is intended, at the place last 3315 specified and to the place for giving of notice in comp liance with the provisions of this Section. For the 3316 present, the parties designate the following as the respective persons and places for giving of notice: 3317 As to the City: 3318
Environmental Services Manager, Darin Seegmiller 3319
City of Santa Clarita Neighborhood Services Department 3320 23920 Valencia Blvd. Suite 120 3321
Santa Clarita, CA 91355 3322
Telephone: 661-286-4098 3323
email: [email protected] 3324
As to the Contractor: 3325
Burrtec Waste Industries, Cole Burr 3326
9890 Charry Avenue 3327
Fontana CA 92335 3328
Telephone: 909-429-4200 3329
email: [email protected] 3330
45.02 Notices will be effective when received at the address as specified above. Changes in the 3331 respective address to which such notice is to be directed may be made by written notice. 3332
45.03 Notice by City to Contractor of a Collectio n or other Service Recipient problem or complaint 3333 may be given to Contractor orally by telephone at Cont ractor’s local office with confirmation sent to 3334 Contractor through the Customer Service System by the end of the Work Day. 3335 Article 46. Transition to Next Contractor 3336
46.01 In the event Contractor is not awarded an ex tension or new contract to continue to provide 3337 Collection Services following the expiration or early termination of this Agreement, Contractor will cooperate 3338 fully with City and any subsequent cont ractors to assure a smooth transition of services described in this 3339 Agreement. Such cooperation will include but not be limit ed to transfer of computer data, files and tapes; 3340 providing routing information, route maps, vehicle fleet information, and list of Service Recipients; providing 3341 a complete inventory of all Collection Containers; providing adequate labor and equipment to complete 3342 performance of all Collection Services required under this Agreement; taking reasonable actions necessary 3343 to transfer ownership of carts and bins, as appropriate , to City; including transporting such containers to a 3344 location designated by the Agreement Administrator; coordinating Collection of Materials set out in new 3345 containers if new container s are provided for a subsequent Agreem ents and providing other reports and 3346 data required by this Agreement. 3347
FINAL AGREEMENT Page 95 of 183
Article 47. Contractor’s Records 3348
47.01 Contractor shall keep and preserve, during t he Term of this Agreement, full, complete, and 3349 accurate financial and accounting re cords, pertaining to cash, billing an d disposal transactions for the 3350 franchise area, prepared on an accrual basis in accor dance with generally accepted accounting principles. 3351 These records and reports are necessary for the City to properly administer and monitor the Agreement and 3352 to assist the City in meeting the requirements of the Act. The Contractor shall keep and preserve, during the 3353 Term of this Agreement, and for a period of not less than four (4) years following expiration or other 3354 termination hereof or for any longer period required by law, full, complete and accurate records as indicated 3355 in the Agreement. 3356
47.02 Any records or documents required to be maintained pursuant to this Agreement must be 3357 made available for inspection or audit for the purposes set forth in Section 17.02.3, at any time during regular 3358 business hours, upon written request by the Agreement Admi nistrator, the City Attorney, City Auditor, City 3359 Manager, or a designated representative of any of these officers. Copies of such documents will be provided 3360 to City electronically, available to City for inspection at the local Contractor office, or an alternate site if 3361 mutually agreed upon. 3362
47.02.1 Contractor acknowledges that City is legally obligated to comply with the California 3363 Public Records Act (“CPRA”). City acknowledges that Contractor may consider certain records, reports, or 3364 information contained therein, (“Re cords”) which Contractor is require d to provide to City under this 3365 Agreement, to be of a proprietary or confidential nature. In such instances, Contractor will inform City in 3366 writing of which records are considered propriety or confidential and shall identify the statutory exceptions 3367 to disclosure provided under the CPRA that legally perm it non-disclosure of the Records. At such time as 3368 City receives a request for records under the CPRA or Federal Freedom of Information Act (“FOIA”) or a 3369 subpoena or other court orde r requesting disclosure of the Records, City will notify Contractor of the 3370 request, subpoena or order and of City’s obligation and intent to provide a response within ten (10) calendar 3371 days. Contractor shall within five (5) calendar days ei ther: (i) consent in writing to the disclosure of the 3372 Records; or (ii) seek and obtain, at Contractor’s sole cost and expense, the order of a court of competent 3373 jurisdiction staying or enjoining the disclosure of the Records. If Contractor fails to timely respond, then City 3374 may proceed to disclosure the Records in which event Contractor agrees waives and releases City of any 3375 liability for the disclosure of the Records. In the event Contractor seeks a court order to stay or enjoing the 3376 disclosure of the Records, Contractor agrees to indemnify and hold harmless the City, its Council, elected 3377 and appointed board or commission members, officers, employees, volunteers and agents (collectively, 3378 "Indemnitees") from and against any and all loss, liab ility, penalty, forfeiture, claim, demand, action, 3379 proceeding or suit in law or equity of any and every kind and description, whether judicial, quasi-judicial or 3380 administrative in nature, arising or resulting from or in any way connected with the subject CPRA or FOIA 3381 request for the Records. This Indemnity shall survive the expiration or termination of this Agreement. 3382
47.03 Where City has reason to believe that su ch records or documents may be lost or discarded 3383 in the event of the dissolution, disbandment or termi nation of Contractor’s business, City may, by written 3384 request or demand of any of the above-named officers, require that custody of the records be given to City 3385 and that the records and documents be maintained in City Hall. Access to such records and documents will 3386 FINAL AGREEMENT Page 96 of 183
be granted to any party authorized by C ontractor, Contractor’s representatives, or Contractor’s successor-3387 in-interest. 3388
Article 48. Entire Agreement 3389
48.01 This Agreement and the attached Exhibits constitute the entire Agreement and 3390 understanding between the parties, and the Agreement will not be considered modified, altered, changed or 3391 amended in any respect unless in writing and signed by the parties. 3392 Article 49. Severability 3393
49.01 If any provision of this Agreement or the applic ation of it to any person or situation is to any 3394 extent held invalid or unenforceable, the remainder of this Agreement and the application of such provisions 3395 to persons or situations other than those as to which it is held invalid or unenforceable, will not be affected, 3396 will continue in full force and effect, and will be enforced to the fullest extent permitted by law. 3397 Article 50. Right to Require Performance 3398
50.01 The failure of City at any time to require per formance by Contractor of any provision of this 3399 Agreement will in no way affect the right of City therea fter to enforce same. Nor will waiver by City of any 3400 breach of any provision of this Agreement be taken or held to be a waiver of any succeeding breach of such 3401 provision or as a waiver of any provision itself. 3402
Article 51. All Prior Agreements Superseded 3403
51.01 This Agreement incorporates and incl udes all prior negotiations, correspondence, 3404 conversations, agreements and understandings applicable to the matters contained in this Agreement and 3405 the parties agree that there are no commitments, agreements or understandings concerning the subject 3406 matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation 3407 from the terms of this Agreement will be predicated upon any prior representations or agreements, whether 3408 oral or written. 3409
Article 52. Headings 3410
52.01 Headings in this document are for co nvenience of reference only and are not to be 3411 considered in any interpretation of this Agreement. 3412 Article 53. Exhibits 3413
53.01 Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Each 3414 such Exhibit is a part of this Agreement, and each is in corporated by this refer ence. In the event of any 3415 conflicts between this Agreement and the Exhibits, then this Agreement shall take priority. 3416 FINAL AGREEMENT Page 97 of 183
Article 54. Attorney’s Fees 3417
54.01 In the event that litigati on is brought by a party in connection with this Agreement, the 3418 prevailing party will be entitled to recover from the opposing party all costs and expenses, including 3419 reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies 3420 under this Agreement or the enforcement of any of the terms, conditions, or provisions of this Agreement. 3421 Article 55. Effective Date 3422
55.01 This Agreement will become effective when it is properly executed by City and Contractor 3423 and Contractor will begin Collection Services under this Agreement as of July 1, 2023. 3424 3425
FINAL AGREEMENT Page 98 of 183
IN WITNESS WHEREOF, City and Contractor have executed this Agreement on the respective 3426 date(s) below each signature. 3427
CITY OF SANTA CLARITA BURRTEC WASTE INDUSTRIES INC. 3428 A General Law City 3429
By: ________________________ By: ________________________ 3430 C o l e B u r r 3431
3432
Title: _______________________ By: _____________________________ 3433 President 3434
3435
ATTEST: ____________________ By: __________________________ 3436 City Clerk Tracy Burr 3437
APPROVED AS TO FORM 3438
City Attorney _____________________________ 3439
S e c r e t a r y 3440
By: _________________________ 3441
3442
FINAL AGREEMENT Page 99 of 183
Exhibit 1 3443
City Approved Service Rates 3444
3445
3446
Billing Frequency Proposed
Bundled Rate
Standard Single-Family Automated Cart Service
(96-Gallon Trash, 96-Gallon Recycling, 96-Gallon Organic Waste) 64-Gallon Single-Family Automated Cart Service
(64-Gallon Trash, 96-Gallon Recycling, 96-Gallon Organic Waste) 32-Gallon Single-Family Automated Cart Service
(32-Gallon Trash, 96-Gallon Recycling, 96-Gallon Organic Waste) Additional Trash Cart each cart $6.12
Restart of Service (Auto-Resume Fee) per occurrence $22.00 Cart Delivery per occurrence N/C
Cart Removal per occurrence N/C
Cart Exchange per occurrence $18.16
Residential Cart Replacement Fee per occurrence $78.24
Senior / Low Income Discount (Proposer to provide discount percentage amount) N/A 20.00% Additional Recycling Cart per month $3.38
Additional Organics Cart per month $8.59
Organics Contamination Fee per month $64.14
per month
Single-Family Dwelling Maximum Service Rates
Rate Schedule Effective 7/1/2023
per month $28.92
$26.19
Service Descriptions
per month $24.67
FINAL AGREEMENT Page 100 of 183
Multi-Family Dwelling Maximum Service Rates
MFD: Multi-Family Dwelling with Individual Cart Service 1/week 2/week 3/week 4/week 5/week 6/week
64‐Gallon Cart per month $ 42.19 $ 82.66 $ 123.12 $ 163.24 $ 203.34 $ 243.47 96‐Gallon Cart per month $ 48.34 $ 94.98 $ 141.61 $ 187.89 $ 234.17 $ 280.46 1 / 1.5 CY Bin per month $ 116.80 $ 230.28 $ 343.80 $ 456.62 $ 569.46 $ 682.30 2 CY Bin per month $ 137.32 $ 271.37 $ 405.42 $ 538.78 $ 672.16 $ 805.54 3 CY Bin per month $ 179.07 $ 354.20 $ 529.30 $ 703.64 $ 877.97 $ 1,052.32 4 CY Bin per month $ 229.71 $ 454.71 $ 679.68 $ 903.72 $ 1,127.78 $ 1,351.80 6 CY Bin per month $ 323.66 $ 641.26 $ 958.86 $ 1,275.26 $ 1,591.64 $ 1,908.03 2 CY Compactor per month $ 184.37 $ 364.94 $ 545.53 $ 725.33 $ 905.16 $ 1,084.98 3 CY Compactor per month $ 245.58 $ 486.63 $ 727.64 $ 967.80 $ 1,207.92 $ 1,448.08 6 CY Compactor per month $ 437.96 $ 870.51 $ 1,303.02 $ 1,734.46 $ 2,165.91 $ 2,597.33 64‐Gallon Cart per month $ 30.32 $ 53.84 $ 63.58 $ 81.39 $ 99.20 $ 116.99 96‐Gallon Cart per month $ 32.52 $ 58.14 $ 69.99 $ 89.88 $ 109.78 $ 129.68 1 / 1.5 CY Bin per month $ 89.63 $ 147.67 $ 203.29 $ 254.41 $ 301.48 $ 344.91 2 CY Bin per month $ 97.98 $ 159.51 $ 218.71 $ 275.59 $ 330.38 $ 383.12 3 CY Bin per month $ 113.11 $ 181.69 $ 247.91 $ 311.88 $ 373.67 $ 433.44 4 CY Bin per month $ 128.23 $ 203.83 $ 277.11 $ 367.88 $ 416.93 $ 483.80 6 CY Bin per month $ 186.84 $ 311.80 $ 436.69 $ 561.61 $ 686.51 $ 811.41 2 CY Compactor per month $ 122.94 $ 224.74 $ 284.38 $ 368.68 $ 452.97 $ 537.28 3 CY Compactor per month $ 155.76 $ 271.97 $ 388.18 $ 504.39 $ 620.59 $ 736.82 6 CY Compactor per month $ 293.08 $ 514.96 $ 736.79 $ 958.66 $ 1,180.49 $ 1,402.32 64‐Gallon Cart per month $ 86.44 $ 160.06 $ 229.54 $ 299.43 $ 377.20 $ 438.58 96‐Gallon Cart per month $ 110.99 $ 209.03 $ 302.97 $ 397.30 $ 499.52 $ 585.34 1 / 1.5 CY Bin per month $ 228.89 $ 404.76 $ 569.89 $ 733.66 $ 895.82 $ 1,058.33 2 CY Bin per month $ 285.63 $ 522.77 $ 744.28 $ 967.20 $ 1,220.04 $ 1,410.82 3 CY Bin per month $ 377.29 $ 701.40 $ 1,008.39 $ 1,316.92 $ 1,658.26 $ 1,931.54 4 CY Bin per month $ 468.93 $ 880.02 $ 1,272.49 $ 1,666.64 $ 2,096.47 $ 2,452.28 6 CY Bin per month $ 669.26 $ 1,264.81 $ 1,836.63 $ 2,410.60 $ 3,030.03 $ 3,555.13 64‐Gallon Cart per month $ 32.78 $ 56.41 $ 79.32 $ 100.93 $ 121.37 $ 140.77 96‐Gallon Cart per month $ 37.33 $ 65.51 $ 92.97 $ 119.13 $ 144.12 $ 168.07 1 / 1.5 CY Bin per month $ 94.63 $ 161.79 $ 226.84 $ 287.99 $ 345.60 $ 400.06 2 CY Bin per month $ 107.44 $ 184.64 $ 258.33 $ 329.10 $ 397.14 $ 462.74 3 CY Bin per month $ 131.73 $ 224.74 $ 315.71 $ 404.70 $ 491.81 $ 577.17 4 CY Bin per month $ 156.01 $ 266.27 $ 374.47 $ 497.91 $ 585.08 $ 687.72 6 CY Bin per month $ 214.36 $ 356.32 $ 499.02 $ 639.82 $ 778.64 $ 915.78 64‐Gallon Cart per month $ 87.07 $ 161.31 $ 231.42 $ 301.93 $ 380.33 $ 442.33 96‐Gallon Cart per month $ 111.90 $ 210.87 $ 305.71 $ 400.96 $ 504.10 $ 590.83 1 / 1.5 CY Bin per month $ 230.30 $ 407.58 $ 574.11 $ 739.29 $ 902.87 $ 1,066.79 2 CY Bin per month $ 287.51 $ 526.52 $ 749.91 $ 974.71 $ 1,229.43 $ 1,422.09 Service Descriptions Billing
Frequency
Proposed
Rate
Organics Contamination Fee per occurrence $78.01
Billing Frequency
MFD Additional / Other Services
Multi‐Family Trash (Note: includes 96‐Gallon Recycling and 32‐Gallon Organic Waste) Multi‐Family Dwelling Recycling Only
Multi‐Family Organic Waste Only (Green Waste and Food Waste) Multi‐Family Dwelling Green Waste Only (if applicable)
Multi‐Family Dwelling Food Waste Only (if applicable)
Service Collection Frequency
Rate Schedule Effective 7/1/2023
NOTE:
All Multi-Family Dwelling Trash Rates include the equivalent of one 96-Gallon recycling cart and one 32-Gallon Organic Waste cart per unit in the MFD complex as part of the Bundled Trash rates. Any increased or additional collection service request for Recycling/Organic Waste/Green Waste/Food Waste will be offset by the included bundled cost of Recycling/Organic Waste/Green Waste/Food Waste.
3447
FINAL AGREEMENT Page 101 of 183
3448
1/week 2/week 3/week 4/week 5/week 6/week
64-Gallon Cart per month $ 42.19 $ 82.66 $ 123.12 $ 163.24 $ 203.34 $ 243.47 96-Gallon Cart per month $ 48.34 $ 94.98 $ 141.61 $ 187.89 $ 234.17 $ 280.46 1 / 1.5 CY Bin per month $ 116.80 $ 230.28 $ 343.80 $ 456.62 $ 569.46 $ 682.30 2 CY Bin per month $ 137.32 $ 271.37 $ 405.42 $ 538.78 $ 672.16 $ 805.54 3 CY Bin per month $ 179.07 $ 354.20 $ 529.30 $ 703.64 $ 877.97 $ 1,052.32 4 CY Bin per month $ 229.71 $ 454.71 $ 679.68 $ 903.72 $ 1,127.78 $ 1,351.80 6 CY Bin per month $ 323.66 $ 641.26 $ 958.86 $ 1,275.26 $ 1,591.64 $ 1,908.03 2 CY Compactor per month $ 184.37 $ 364.94 $ 545.53 $ 725.33 $ 905.16 $ 1,084.98 3 CY Compactor per month $ 245.58 $ 486.63 $ 727.64 $ 967.80 $ 1,207.92 $ 1,448.08 6 CY Compactor per month $ 437.96 $ 870.51 $ 1,303.02 $ 1,734.46 $ 2,165.91 $ 2,597.33 64-Gallon Cart per month $ 30.32 $ 53.84 $ 63.58 $ 81.39 $ 99.20 $ 116.99 96-Gallon Cart per month $ 32.52 $ 58.14 $ 69.99 $ 89.88 $ 109.78 $ 129.68 1 / 1.5 CY Bin per month $ 89.63 $ 147.67 $ 203.29 $ 254.41 $ 301.48 $ 344.91 2 CY Bin per month $ 97.98 $ 159.51 $ 218.71 $ 275.59 $ 330.38 $ 383.12 3 CY Bin per month $ 113.11 $ 181.69 $ 247.91 $ 311.88 $ 373.67 $ 433.44 4 CY Bin per month $ 128.23 $ 203.83 $ 277.11 $ 367.88 $ 416.93 $ 483.80 6 CY Bin per month $ 186.84 $ 311.80 $ 436.69 $ 561.61 $ 686.51 $ 811.41 2 CY Compactor per month $ 122.94 $ 224.74 $ 284.38 $ 368.68 $ 452.97 $ 537.28 3 CY Compactor per month $ 155.76 $ 271.97 $ 388.18 $ 504.39 $ 620.59 $ 736.82 6 CY Compactor per month $ 293.08 $ 514.96 $ 736.79 $ 958.66 $ 1,180.49 $ 1,402.32 64-Gallon Cart per month $ 86.44 $ 160.06 $ 229.54 $ 299.43 $ 377.20 $ 438.58 96-Gallon Cart per month $ 110.99 $ 209.03 $ 302.97 $ 397.30 $ 499.52 $ 585.34 1 / 1.5 CY Bin per month $ 228.89 $ 404.76 $ 569.89 $ 733.66 $ 895.82 $ 1,058.33 2 CY Bin per month $ 285.63 $ 522.77 $ 744.28 $ 967.20 $ 1,220.04 $ 1,410.82 3 CY Bin per month $ 377.29 $ 701.40 $ 1,008.39 $ 1,316.92 $ 1,658.26 $ 1,931.54 4 CY Bin per month $ 468.93 $ 880.02 $ 1,272.49 $ 1,666.64 $ 2,096.47 $ 2,452.28 6 CY Bin per month $ 669.26 $ 1,264.81 $ 1,836.63 $ 2,410.60 $ 3,030.03 $ 3,555.13 64-Gallon Cart per month $ 32.78 $ 56.41 $ 79.32 $ 100.93 $ 121.37 $ 140.77 96-Gallon Cart per month $ 37.33 $ 65.51 $ 92.97 $ 119.13 $ 144.12 $ 168.07 1 / 1.5 CY Bin per month $ 94.63 $ 161.79 $ 226.84 $ 287.99 $ 345.60 $ 400.06 2 CY Bin per month $ 107.44 $ 184.64 $ 258.33 $ 329.10 $ 397.14 $ 462.74 3 CY Bin per month $ 131.73 $ 224.74 $ 315.71 $ 404.70 $ 491.81 $ 577.17 4 CY Bin per month $ 156.01 $ 266.27 $ 374.47 $ 497.91 $ 585.08 $ 687.72 6 CY Bin per month $ 214.36 $ 356.32 $ 499.02 $ 639.82 $ 778.64 $ 915.78 64-Gallon Cart per month $ 87.07 $ 161.31 $ 231.42 $ 301.93 $ 380.33 $ 442.33 96-Gallon Cart per month $ 111.90 $ 210.87 $ 305.71 $ 400.96 $ 504.10 $ 590.83 1 / 1.5 CY Bin per month $ 230.30 $ 407.58 $ 574.11 $ 739.29 $ 902.87 $ 1,066.79 2 CY Bin per month $ 287.51 $ 526.52 $ 749.91 $ 974.71 $ 1,229.43 $ 1,422.09 Service Descriptions Billing Frequency Proposed
Rate
Organics Contamination Fee per occurrence $78.01
Commercial Additional / Other Services
Commercial Green Waste Only (if applicable)
Commercial Food Waste Only (if applicable)
Service Billing Frequency Collection Frequency
Commercial Trash (Note: includes 96-Gallon Recycling and 32-Gallon Organic Waste) Commercial Recycling Only
Commercial Organic Waste Only (Green Waste and Food Waste) NOTE:
All Commercial Trash Rates include the equivalent of one 96-Gallon recycling cart and one 32-Gallon Organic Waste cart per unit as part of the Bundled Trash rates. Any increased or additional collection service request for Recycling/Organic Waste/Green Waste/Food Waste will be offset by the included bundled cost of Recycling/Organic Waste/Green Waste/Food Waste.
Commercial Maximum Service Rates
Rate Schedule Effective 7/1/2023
FINAL AGREEMENT Page 102 of 183
3449
Billing Frequency Proposed
Rate
Locking Bin, Lock on Gate, enclosure Monthly Fee per lock per month $8.07 Trip Charge/Dry Run per occurrence $89.99
Restart of Service (auto resume fee) per occurrence $22.00 Setup Fee per occurrence N/C
Delivery Charge per occurrence N/C
Delivery Charge Commercial Carts per occurrence N/C
Removal per occurrence N/C
Exchange Fee per occurrence $106.59
Stinger / Scout Service fee per bin per service $47.99
Recycling Contamination Fee per occurrence $68.33
Overage Fee per occurrence $68.33
Commercial Manure Collection (64 gallon Cart) Per month $57.56 Commercial Manure Collection (2 CY Bin) Per month $198.97 Emergency Services (Section 20.01) per hour $261.93
Billing Frequency Proposed
Rate
Push Rate 25 feet
1 pickup per week per month $43.67
2 pickup per week per month $87.33
3 pickup per week per month $131.00
4 pickup per week per month $174.66
5 pickup per week per month $218.33
6 pickup per week per month $261.99
Push Rate 50 feet
1 pickup per week per month $65.50
2 pickup per week per month $131.00
3 pickup per week per month $196.49
4 pickup per week per month $261.99
5 pickup per week per month $327.49
6 pickup per week per month $392.99
Push Rate 75 feet
1 pickup per week per month $98.24
2 pickup per week per month $196.48
3 pickup per week per month $294.71
4 pickup per week per month $392.95
5 pickup per week per month $491.19
6 pickup per week per month $589.43
Push Rate 100 feet
1 pickup per week per month $147.35
2 pickup per week per month $294.70
3 pickup per week per month $442.04
4 pickup per week per month $589.39
5 pickup per week per month $736.74
6 pickup per week per month $884.09
Service Descriptions
Rate Schedule Effective 7/1/2023
Additional Services Maximum Service Rates
Other Services
Push Rate
Service Descriptions
FINAL AGREEMENT Page 103 of 183
3450
Exhibit 2 3451
City Sponsored Events 3452
Contractor shall provide service at no additional charge to the following City events. The City shall have the 3453 option to add additional or alterative events by written notice to the Contractor. 3454 3455
Earth Arbor Day/Neighborhood Clean Up 3456
Cowboy Poetry Festival 3457
Concerts in the Park 3458
Senses Block Party x6 3459
River Rally 3460
Marathon 3461
3462
3463
3464
3465
FINAL AGREEMENT Page 104 of 183
Exhibit 3 3466
List of City Properties and Current Service Levels 3467 Site Bin Size Number of Bins Frequency Commodity
Begonias Lane Park 3 Yard 1 2 Trash
Bouquet Canyon Park 3 Yard 2 2 Trash
3 Yard 1 1 Green Waste
Bridgeport Park 3 Yard 1 1 Trash
3 Yard 1 1 Green Waste
Canyon Country Community Center 3 Yard 1 3 Trash
3 Yard 1 1 Green Waste
3 Yard 1 3 Trash
3 Yard 1 2 Commingle
Canyon Country Library 3 Yard 1 6 Trash
3 Yard 1 2 Commingle
Canyon Country Park 3 Yard 2 4 Trash
3 Yard 1 1 Green Waste
Central Park 20 Yard 2 OC Trash
10 Yard 1 OC Inert
40 Yard 1 OC Green Waste
20 Yard 2 OC Green Waste
20 Yard 1 OC Commingle
3 Yard 1 3 Trash
Chesebrough Park 3 Yard 2 2 Trash
Circle J Park 3 Yard 1 1 Trash
City Corporate Yard 3 Yard 1 5 Trash
3 Yard 2 1 Commingle
City Hall 3 Yard 2 3 Trash
65gal 1 1 Food Waste
3 Yard 4 1 Commingle
City Sub Yard 40 Yard 1 OC Trash
30 Yard 1 OC Trash
20 Yard 1 OC Trash
10 Yard 1 OC Inert
20 Yard 1 OC Green Waste
40 Yard 4 OC C&D
20 Yard 1 OC C&D
10 Yard 1 OC C&D
Copper Hill Park 3 Yard 1 1 Trash
3 Yard 1 1 Green Waste
FINAL AGREEMENT Page 105 of 183
Site Bin Size Number of Bins Frequency Commodity
Creekview Park 3 Yard 1 1 Trash
Fair Oaks Park 3 Yard 2 1 Trash
Golden Valley Park 3 Yard 1 2 Trash
Newhall Community Center 3 Yard 2 3 Trash
3 Yard 1 1 Commingle
Newhall Park (Boys & Girls Club) 3 Yard 2 2 Trash
3 Yard 1 1 Commingle
Newhall Park (Pool) 20 Yard 2 OC Trash
20 Yard 1 OC Green Waste
40 Yard 1 OC C&D
Newhall Park 20 Yard 1 OC Trash
40 Yard 1 OC Trash
20 Yard 1 OC Green Waste
North Oaks Park 3 Yard 1 2 Trash
3 Yard 1 1 Green Waste
1.5 Yard 1 1 Commingle
Oak Spring Canyon Park 3 Yard 1 2 Trash
3 Yard 1 1 Green Waste
Old Orchard Park 3 Yard 1 2 Trash
3 Yard 1 1 Green Waste
Old Town Newhall Library 3 Yard 1 1 Trash
3 Yard 1 2 Trash
3 Yard 1 2 Commingle
Pamplico Park 3 Yard 1 2 Trash
3 Yard 1 1 Green Waste
Plum Canyon Park 3 Yard 1 1 Trash
3 Yard 1 1 Green Waste
River Village Park 3 Yard 1 2 Trash
3 Yard 1 1 Green Waste
Santa Clarita Metrolink Station 3 Yard 1 5 Trash
3 Yard 1 1 Commingle
Santa Clarita Park 3 Yard 1 2 Trash
3 Yard 1 1 Green Waste
Santa Clarita Sports Complex 3 Yard 1 3 Trash
3 Yard 2 3 Trash
3 Yard 1 2 Commingle
3 Yard 1 2 Commingle
Skyline Ranch Park (future) - - - -
The Cube Ice Station 3 Yard 2 2 Trash
FINAL AGREEMENT Page 106 of 183
Site Bin Size Number of Bins Frequency Commodity
3 Yard 1 1 Commingle
Todd Longshore Park 3 Yard 1 1 Trash
3 Yard 1 1 Green Waste
Transit Maintenance Facility 4 Yard 2 5 Trash
3 Yard 2 2 Commingle
Valencia Glen Park 3 Yard 1 2 Trash
3 Yard 1 1 Green Waste
1.5 Yard 1 1 Commingle
Valencia Heritage Park 3 Yard 1 3 Trash
10 Yard 1 OC Trash
3 Yard 1 1 Green Waste
Valencia Library 3 Yard 1 2 Trash
3 Yard 1 1 Commingle
Valencia Meadows Park 3 Yard 1 2 Trash
3 Yard 2 1 Green Waste
1.5 Yard 1 1 Commingle
Via Princessa Park (future) - - - -
Vista Canyon Park (future) - - - -
West Creek Park 3 Yard 2 1 Trash
3468
3469
FINAL AGREEMENT Page 107 of 183
Exhibit 4 3470
Collection Container Specifications 3471
E4.01 Cart Specifications.
E4.01.1 All new or replacement Carts must be manufactured with a minimum twenty percent (20%) post-consumer recycled material content and come with a ten (10) year warranty against defects.
E4.01.2 Carts must be constructed with material that resists deterioration from ultraviolet radiation and be incapable of penetration by household pets or small wildlife when lids are fully closed.
E4.01.3 Contractor must provide Carts having an approximate volume of 32, 64 and 96 gallons.
Actual cart volume may vary by +/- 10% depending on manufacturer.
E4.01.4 Carts must include wheels and handles that accommodate ease of movement by able- bodied persons, have heavy duty wheels, attached hinged lids, and be designed to be resistant to inadvertent tipping due to high winds.
E4.01.5 Carts must include lids that continuousl y overlap the Cart body so as to prevent the intrusion of rainwater and minimize odors. The lids would be of a design and weight so as to prevent the Cart body from tilting backward when flipping the lid open.
E4.01.6 Carts must be capable of being lifted in to the Collection Vehicle without damage or distortion under normal usage.
E4.01.7 Carts be hot-stamped, embossed, or labeled/decaled with the company name, a unique identification number (i.e., serial number for carts), weight limit, and images of the type of materials to be Collected. All Carts shall also contain instructions for proper usage. If any of the above is accomplished via labels or decals, such labels or decals must be maintained and/or replaced as necessary throughout the term to maintain a near new appearance. Decals/labels showing types of materials collected in each Cart must be replaced annually.
E4.01.8 Cart and lids must meet all applicable colo rs and labeling specifications as set forth by CalRecycle (i.e., blue = recycle, black/charcoal = trash, green/brown = yard waste/mixed organics, green w/yellow lid or yellow = food waste or other color standards as determined by CalRecycle prior to the start of this Agreement).
E4.02 Bin Specifications.
E4.02.1 Bins must be constructed of heavy metal or heavy plastic and must be watertight, well painted, in good condition and without rust or dents.
FINAL AGREEMENT Page 108 of 183
E4.02.2 Wheels, forklift slots, and other appurtenances, which are designed for movement, loading, or unloading of the container, must be maintained in good repair.
E4.02.3 Contractor must provide Bins having an approximate volume of 1, 2, 3, and 4- cubic yards.
E4.02.4 Bins must have the name and phone number of Contractor on the exterior so as to be visible when the Bin is placed for use.
E4.02.5 Each Bin must be labeled with a listing of materials that may and may not be placed in a particular Bin type, and each Bin must in clude a conspicuous warning: “Not to be used for the disposal of hazardous, electronic, or universal waste.” Bins must be labelled in English and Spanish.
E4.02.6 Bid lids must be constructed of meta l or heavy plastic, so as to minimize the intrusion of rainwater and minimize odors. Locking bins will be provided upon request at the rate set forth in Exhibit 1.
E4.02.7 Bins must be capable of being lifted into the Collection Vehicle without damage under normal usage.
E4.02.8 Bins must meet all applicable colors and labeling specifications as set forth by CalRecycle (i.e., blue = recycle, black/charcoal = trash, green/brown = yard waste/mixed organics, green w/yellow lid or yellow = food waste or other color standards as determined by CalRecycle prior to the start of this Agreement).
E4.03 Roll-off Container Specifications.
Roll-off specifications shall be the same as Bin spec ifications E4.02.1 through E4.02.6, and E4.02.8.
Roll-offs shall be provided in sizes 10, 20, 30, 40 cubic yards. Compactors shall be available in sizes 10, 20,35, 40 cubic yards.
E4.04 Kitchen Food Waste Pails
Contractor is responsible for t he purchase and distribution of fully assembled and functional Kitchen Food Waste Pails to SFD and MFD Service Units in t he Service Area, including to new Service Units that are added to Contractor’s Service Area during the term of this Agreement. The initial distribution of Kitchen Food Waste Pails must be completed no later than July 1, 2023 along with educational outreach materials as approved by City, and will be provided at no additional charge (one (1) pail per Dwelling FINAL AGREEMENT Page 109 of 183
Unit). The distribution to new Service Units must be completed within three (3) Work Days of receipt of notification from City or the Service Unit.
E4.05 Containers End of Life
Collection Containers must be recycled at the end of their useful life.
E4.06 Containers Purchase
Contractor shall report all new Carts and Bins purchased pursuant to this Agreement to its address within the City, and shall report all purchases of Carts and Bins under this Agreement as attributable to the City for sales tax purposes.
3472
FINAL AGREEMENT Page 110 of 183
Exhibit 5 3473
Transition Plan 3474
Burrtec has extensive experience in new program roll-outs ensuring success for the City of Santa 3475 Clarita franchise implementation. Transitio n experience includes various conversions and 3476 implementations of residential and commercial prog ram including regulatory compliance, information 3477 materials development, container delivery and remova l, mailings, advertisements, routing, billings, 3478 audits, and ongoing education. 3479
3480
After Contract Execution and prior to the Contact Start Date, Burrte c will provide the City of Santa 3481 Clarita an update to the Start-Up Transition Roll-Out Plan for approval. The plan will include an updated 3482 detailed timeline with activities and estimated dates including but not limited to: 3483 3484
Vehicles 3485
Order specifications 3486
Confirmation of delivery dates 3487
Containers 3488
Order specifications 3489
Confirmation of delivery dates 3490
Staging and assembly location 3491
Customer container size selection 3492
Distribution plan 3493
Including collection of existing containers 3494
Employees 3495
Hiring progress 3496
Training 3497
Public Outreach and Education 3498
3499
A Burrtec transition provides customers with an expe rience that is reliable, orderly, seamless, and 3500 without service interruptions cond ucted thoroughly and prof essionally by Burrtec staff. The transition 3501 services may include the following as appropriate: 3502 3503
Collect solid waste from ou tgoing contractor's containers 3504 Allow the outgoing contractor to collect from Burrtec containers 3505 Allow the future contractor to collect fr om Burrtec containers during the transition 3506 Service, remove and store outgoing contra ctor's containers after the transition 3507 Continue customer's services, container quantity and sizes, and applicable discounts from 3508 outgoing contractor's customer service list, including not providing containers to addresses not 3509 utilizing outgoing contractor's services 3510
3511
1. Prior to the Start of Collection Services 3512
3513
Beginning with the contract award, Burrtec will begin the implementation phase. Activities will 3514 include strategic planning of staff organizati on, equipment and containers, developing routes and 3515 schedules, and implementing education and program information plans. The primary focus is to 3516 prepare customers for their new collection services and programs. 3517 3518
An excellent example of Burrtec’s commitment to a smooth transition and the epitome of “We’ll 3519 Take Care Of It” is evident in Los Angeles County franchise area transitions. In these transitions, 3520 some new residents had difficulty starting curbsi de services for the period preceding the new 3521 franchise program effective date. In the spirit of Burrtec's dedication to customer service, curbside 3522 collection services were started prior to the franchise effective date at no charge to the customer. 3523 3524
FINAL AGREEMENT Page 111 of 183
a. Transition Team Approach 3525
3526
Burrtec proposes approaching the City of Sant a Clarita contract with the same methodology 3527 used in other successful transitions. Specific ally, Burrtec uses its senior management team 3528 and operations team to oversee all technical and managerial issues. The Company's President 3529 and Chief Executive Officer, Cole Burr, leads the team. 3530 3531
The balance of the senior management team includes Tracy Sweeney, Chief Operating 3532 Officer/Vice President; Robert R. Coon, Chief Financial Officer; Trevor Scrogins, Vice 3533 President of Operations; Tracy Portillo, Vice President, Human Resources and Payroll, Dan 3534 Vogt, Vice President Information Technology , William Wilson, Regional Manager; Michael 3535 Heftman, Municipal Services Manager, Debbie Hansen, Municipal Project Manager, and 3536 Dennis Verner, Division Manager Santa Clarita. These individuals were responsible for 3537 preparing this proposal and are very knowledgeable on the numerous facets of solid waste 3538 collection program implementations. 3539
3540
Our approach is divided into the following scheduled phases. 3541 3542
b. Proposal/Negotiation Phase 3543
3544
The Burrtec senior management team will work together throughout the proposal and contract 3545 negotiation phase. Depending on the issues, one or more team members will be involved. Mr. 3546 Burr, Ms. Sweeney, and Mr. Verner will lead the negotiations and have full authority to commit 3547 the company to contractual obligations. 3548
3549
c. Start-Up/Transition Phase 3550
3551
Once the contract is authorize d, Burrtec will immediately go in to a start-up/transition phase. 3552 The same senior management team members w ill work on implementing their respective 3553 areas. All needed equipment will be ordered with delivery commitments consistent with the 3554 start-up schedule. 3555
3556
The senior management team has developed numerous detailed plans and procedures for past 3557 transitions with no service or operational issues for the jurisdiction, its businesses, or residents. 3558 Burrtec's previous City of San Bernardino and Los Angeles County franchise implementations 3559 were very successful and well-received by the affected communities. 3560 3561
d. Contract Phase 3562
3563
Once the transition phase is completed, the organization quickly settles into a more traditional 3564 contract management phase. Mr. Verner, the facility's division manager will be the key day-to-3565 day contact and resp onsible for daily operat ing decisions. The senior management team will 3566 remain advisory to the division manager, ensur ing the full implementation of all contract 3567 compliance, company directives, and procedures are maintained. 3568 3569
Burrtec successfully manages ten hauling locations and has effective and proven management 3570 systems in place. Daily, weekly and mont hly communications, reports, and meetings 3571 coordinate this effort, assuring the customer that “We’ll Take Care Of It." 3572 3573
2. Customer Communications & Selection of Equipment 3574 3575
General information about Burrtec and the trans ition plan will be one of the first elements of 3576 customer communications. The container size and quantity selection, new container colors, 3577 delivery schedule, and collection day schedule will follow. Customers will receive several notices 3578 and updates throughout the transition period keeping them informed and prepared. 3579 3580
FINAL AGREEMENT Page 112 of 183
Communication methods include local newspapers, mailers, and flyers/posters at community 3581 centers. Burrtec's website and social media pl atforms will contain informational updates and 3582 postings. Containers are provided based on the current level of service and include supplemental 3583 deliveries for missing program elements, ensuring customers receive a full complement of services. 3584 Customers will have the opportunity to contact the customer service department and adjust 3585 container sizes prior to delivery. As part of the container delivery, Burrtec will provide an outreach 3586 package, which includes detailed information on the services offered for recyclables and organics 3587 waste, bulky item collections, and proper disposal alternatives of unpermitted waste. 3588 3589
Distributing Food Waste Pails to Customers 3590
3591
Burrtec will deliver food waste pails before the serv ice start date to single-family and multi-family 3592 service recipients for no additional fee. Detailed educational materials on food waste recycling will 3593 be included at the time of delivery. 3594
3595
3. Employee Retention 3596
3597
Prior to the service start date, Burrtec will secu re a venue within the franchise area such as the 3598 Hyatt Valencia, Embassy Suites, or other comparable locations, and invite prospective employees 3599 and their families to learn about Burrtec’s cult ure, competitive pay, and benefits, and learn why 3600 nearly half of the current drivers at Burrtec average more than 20 years of service with the company. 3601 Employees migrating from the previous contra ctor to Burrtec will retain their current pay rate, 3602 seniority, and pre-approved vacations. Prospect ive employees will be required to provide a DMV 3603 driving record, and undergo a physical evaluation once an offer of employment is accepted. Newly 3604 hired employees will be welcomed at orientation, participate in OSHA and DOT compliant safety 3605 training, and become familiar with the Burrtec philosophy, “We’ll Take Care Of It!” before service 3606 commences. 3607
3608
All Burrtec staff members who provide services to the City of Santa Clarita will receive detailed 3609 information and training to prepare them for the new contract. Training will enable Burrtec to provide 3610 a high level of service throughout the contract term 3611 3612
A. Training Route Drivers 3613
3614
All new drivers undergo training on solid waste and recycling programs, new container colors, 3615 and the proper and safe use of the specific collection vehicles. Training includes onboard 3616 systems, ride-along, and in-field evaluations , including driving and operating the equipment. 3617 The Division Manager and Route Supervisor routinely conduct driver training briefings to 3618 maintain safe and efficient operating standards. The local manager conducts a final 3619 competency evaluation and verification to validate that the driver can safely operate the specific 3620 collection vehicle. "On the Route" field observat ions assure that drivers are maintaining safe 3621 work habits and excellent customer service standards. 3622 3623
B. Training: CSRs 3624
3625
It is imperative that CSRs understand the City of Santa Clarita’s programs and report to the 3626 local, Santa Clarita Hauling Di vision, for their shifts. New CSRs will be trained on Burrtec’s 3627 custom software and the “We’ll Take Care Of It” customer philosophy. 3628 3629
C. Training: Mechanics 3630
3631
New mechanics will be trained in Burrtec’s “Stop the Drop” program, Department of 3632 Transportation Out of Service Criteria, and will be eligible to participate in collegiate level and 3633 vendor sponsored training events. OSHA compliant safety trainings and company policies will 3634 also be covered throughout the employee’s tenure. 3635
3636
FINAL AGREEMENT Page 113 of 183
4. Transition Services 3637
3638
a) Regular Meetings 3639
3640
Regular meetings among Burrtec and City staff are essential to a successful transition program 3641 throughout the agreement term. Coordination of activities, reporting, and customer service are 3642 routinely discussed, developing action plans th at produce positive and effective results. 3643 Collaborative meetings are essential during t he initial transition st ages while customers 3644 become familiar with Burrtec and come to understand the “We’ll Take Care Of It” philosophy. 3645 3646
b) Activated Phone Lines 3647
3648
Customers utilize an existing phone number to call and ask questions about the new solid 3649 waste and recycling programs. 3650
3651
With minimal auto-attendant features, experienced Burrtec customer service staff located at 3652 our Santa Clarita office are prepared to answer all questions “live”, and in a helpful, courteous 3653 manner with bilingual (Spanish and other languages as requested) skills available. 3654 3655
Customer service will staff phone lines betwe en 8:00 a.m. and 5:00 p.m. Monday through 3656 Friday and on Saturdays between 8:00 a.m. and 12:00 p.m. following observed holidays during 3657 the transition period and over the contract term. An automated telephone answering system 3658 will take messages from callers outside these hours. Customer Service Representatives will 3659 follow up on each message the following business day. 3660 3661
c) Determining Routes 3662
3663
Burrtec will utilize the existing collection schedule as a basis to begin service. Future service 3664 level adjustments and additional services may require Burrtec to generate newly optimized 3665 routes to reduce wear and tear on the streets. The operations team has worked in the Santa 3666 Clarita Valley for a number of years is very experienced in developing efficient and safe routes. 3667 Customers will receive information indicating weekly collection schedules, new cart colors, and 3668 have the opportunity to speak with our local Customer Service Representatives should they 3669 have any questions about their scheduled pick-up day. 3670 3671
d) Vehicle and Container Delivery from Manufacturer 3672 3673
Burrtec's vendors are prepared to address any additional needs for the awarded service area. 3674 This includes the production and delivery of vehicles and containers as needed. Detailed 3675 logistics and timelines will be submitted to the Ci ty as required. Burrtec will secure a location 3676 or utilize the existing hauling yard for staging. 3677
3678
5. Public Outreach and Education Activities 3679
3680
A key to overall customer satisfaction and participat ion in waste diversion activities is providing 3681 detailed educational programs and information. In partnership with The Musella Group, Burrtec 3682 gears its outreach based on the needs of the vari ous customer groups ensuring we provide 3683 relevant, engaging, and consistent information on all City and CalRecycle requirements. 3684 3685
As a part of the transition, Burrtec will identify these groups and design the educational material 3686 accordingly. These customer groups will include single-family, multi-family residents, Tier 1 & Tier 3687 2 commercial edible food generators, and commercial services. 3688 3689
Burrtec's in-house capability to produce educational and promotional material in a bilingual 3690 (Spanish or other required languages) format is a critical asset for any transition period. 3691 3692
FINAL AGREEMENT Page 114 of 183
Burrtec Web Site 3693
3694
Burrtec's website at www.burrtec .com will be updated with the City's specific collection program 3695 and services, including but not limited to: 3696
3697
Transition plan 3698
Collection schedules 3699
Notices 3700
Program descriptions 3701
Service brochure 3702
3703
The City specific website is an additional tool for customers to obtain accurate and current 3704 information on recycling programs, household hazardous waste disposal, special collections, and 3705 SB 1383 program requirements. The website can also include links to the City of Santa Clarita 3706 website for additional program information requested by the City. 3707 3708
6. Transition Coordination 3709
3710
a) Coordinated Customer Service Data 3711
3712
Burrtec will coordinate the transfer of customer data with the incumbent service provider. All 3713 pertinent customer informati on will be downloaded into new cu stomer records. Information 3714 includes customer account number, service det ails, contact information, gate and access 3715 codes, roll-out services, or specific container staging and access information. 3716 3717
Using internal audit and mapping teams, Burrtec will identify all customers not currently 3718 receiving solid waste collection service, secure the customer's data, and provide them with 3719 program information. 3720
3721
b) Old Containers 3722
3723
Burrtec is committed to working with the current service providers, customers, and City staff to 3724 make this transition as smooth as possible. As part of a typical transition plan, Burrtec will 3725 schedule the removal and collection of any old containers from customers and coordinate a 3726 seamless exchange for those customers that may be using containers from their current hauler. 3727 3728
7. Transition Schedule 3729
3730
Phase / Activity Start Date End Date
(1) PRE-CONTRACTING PHASE
(a) Cit y identifies recommended proposer. 05/31/22
(b) Order Collection Vehi cles 8/01/22 08/31/22
(2) CONTRACTING PHASE
(a) Contract Award/Execute Agreement 07/01/22
(b) Insurance 08/01/22
(c) Performance Securit y 08/01/22
(d) Execute A greement 09/01/22
(e) Contractin g Fee 10/01/22
(3) TRANSITION PHASE
(a) Transition Activities:
(i) Transition Plannin g 09/01/22 06/30/23
(ii) Transition Team Meetin gs (Weekly) 08/01/22 06/01/23 (iii) After Action Meeting 08/01/23
FINAL AGREEMENT Page 115 of 183
Phase / Activity Start Date End Date
(b) Emplo yment Activities:
(i) Invitation to Appl y 05/01/23
(ii) Recruitment / Famil y Fair 05/15/23 06/01/23
(iii) Emplo yment Start Date 07/02/23
(c) Equipment Activities:
(i) Collection Vehicles 01/01/23 05/15/23
(ii) Residential Cart Production 04/01/23 06/01/23
(iii) Commercial Bin Procurement 04/01/23 06/01/23
(iv) Residential Cart Distribution / Removal 06/01/23 06/30/23 (v) Commercial Bin Distributi on / Removal 06/01/23 06/30/23 (d) Customer Activities:
(i) CSR at Cit y Hall As Needed As Needed
(ii) Customer Service Trainin g 06/01/23 06/30/23
(iii) Residential Account Information
Customer Update & Audit 03/01/23 06/01/23
Initial Billing & Reporting 07/01/23 07/01/23
(iv) Commercial Account Information
Verification & Sustainability Programs 04/01/23 06/01/23 Customer Upload & Audit 04/01/23 06/01/23
Initial Billing 07/01/23 07/01/23
(v) Routin g 04/01/23 06/15/23
(vi) Cit y Facilities 06/01/23 06/30/23
Initial Billing & Reporting 07/01/23 07/01/23
Initial Billing 07/02/23 07/02/23
(e) Education, Outreach & Diversion Activities
(i) Residential Service Br ochure 01/01/23 03/31/23
(ii) Print & Social Media 04/01/23 04/30/23
(iii) Update Burrtec Website 04/01/23 06/01/23
(iv) Communit y Meeting 06/01/23 06/20/23
(v) Local Or ganizations Presentation 05/01/23 06/30/23 (vi) Nei ghborhood Associations 06/01/23 06/30/23
(vii) Residential Services Selection 06/01/23 06/30/23
(f) Food Recover y Assistance
(4) SERVICE START 07/01/23 07/01/23
(a) Route Ad justments 07/01/23 08/01/23
(b) Compliance Review 07/01/23 09/01/23
(c) Identif y Tier One & Tier Two Customers 07/01/23 09/01/23 (d) Assist Tier One & Recovery Inspections 07/01/23 01/01/24 3731
8. Commencement Date of Collection 3732
3733
Burrtec commits to meeting the City's service im plementation date of July 1, 2023. All required 3734 notifications and customer communications will be completed before the collection commencement 3735 date. 3736
3737
9. Commercial Generator Transition Plan Supplement 3738 Burrtec's supplemental commercial generator transition plan is designed to highlight commercial 3739 generator changes and provide an opportunity for Commercial Service Recipients to adjust service 3740 FINAL AGREEMENT Page 116 of 183
levels prior to the contract start. Months in advance of the service start date Burrtec Sales & 3741 Recycling Coordinators will meet with commercial generators focusing on the following: 3742 3743
Compliance with the new state diversion mandates 3744 Container size, frequency, colors, and labeling 3745
Commercial generator responsibilities 3746
Tier 1 & Tier 2 generator responsibilities 3747
Prohibited container contaminants 3748
Recommendations to “rig ht size” service levels 3749
3750
Below is the supplemental transition schedule highlighting major milestones of the process. 3751 3752
Commercial - Phase I Activity Start
Date
End Date
(a) Contract Award 07/01/22
(b) Collection Vehicles 08/0
1/22
04/15/23
(c) Compliance Review 08/0
1/22
09/30/22
(d) Share Review Results with City Staff 10/0
1/22
10/31/22
(e) Commercial Customer Outreach (Mos t
Impacted)
11/0
1/22
12/31/22
(f) Commercial Customer Outreach (All Others) 01/0
1/23
03/31/23
(g) Community Meetings 01/0
1/23
06/01/23
(h) Commercial Bins Added, Replaced or Painted 08/0
1/22
06/30/23
(i) Recruitment (Additional Commercial Drivers) 04/0
1/23
06/01/23
(j) Final Customer Container Selection 05/0
1/23
06/30/23
(k) Bins Delivered 06/0
1/23
06/30/23
(l) Service Start 07/0
1/23
07/01/23
3753
3754
Compliance Review: Burrtec will conduct a comp liance review of existing Commercial Service 3755 Recipients using current MCR and MORe data. Customers are categorized into three groups: 3756 Most Impacted 3757
Minimally Impacted 3758
Exempt 3759
Most Impacted customers include High Volume Generators and Low Volume Generators not 3760 required to participate in MCR/MORe programs. Minimally Impacted customers include compliant 3761 FINAL AGREEMENT Page 117 of 183
MCR/MORe customers with minimum levels of se rvice. Exempt customers include all customers 3762 having received an MCR/MORe exemption. 3763
3764
Determine Waivers: Burrtec will review curren t MCR/MORe exempt customers and evaluate Low 3765 Volume Commercial Service Recipi ents to determine waiver eligibilit y. Burrtec will work with the 3766 City to develop an SB 1383 waiver process and categorize customers accordingly. The City will be 3767 required to approve all waivers prior to issue. 3768
3769
Conduct Waste Assessment/Route Re view: Burrtec will collaborate wi th City Staff to develop a 3770 “best approach” customer awareness and education campaign for programs starting July 2023. 3771 Most Impacted customers may receive a site visit from Burrtec Sales and Recycling Coordinators 3772 (SRCs). SRCs will visit the customers’ locati on, conduct a waste assessment, determine if 3773 prohibited contaminants are present in containe rs, and provide a mockup service program best 3774 suited for the customer’s respective disposal ne eds. Updated bin/cart color information and the 3775 new corresponding service rates will be included in the site visit. The goal will be to give Most 3776 Impacted Commercial Service Recipients at least six months to either modify their current 3777 operations or budget for the new program impacts. Compliance Review and site visit data will be 3778 used to adjust model assumptions and optimize existing and potentially new routes. 3779 3780
Minimally Impacted Customers: Burrtec will fo cus on the Minimally Impacted Customer group 3781 through site visits and/or educational materials wi th a goal of giving these Customers at least 90 3782 days to prepare and educate their employees before implementation. 3783 3784
Commercial Equipment: Burrtec’s container maintenance facility is c entrally located in the City of 3785 Santa Clarita at Burrtec’s Santa Clarita Hauling Division. Burrtec will complete bin repairs, bin 3786 washing, SB 1383 paint and labeling requirements, and maintain an adequate container inventory 3787 at this facility. Commercial serviced customers, including multi-family, mixed-use, and City facilities, 3788 will have an opportunity to change or modify their collections subscriptions. Necessary container 3789 changes will be completed at any time and as requested by the customer. Program and service 3790 option information will assist customers in selecting containers and providing awareness for those 3791 programs that are best suited for their needs. Burrt ec's SRCs will facilitate the solid waste needs 3792 assessment to maximize diversion and reduce solid waste disposal costs. 3793 Commercial Education & Outreach 3794
Burrtec will communicate with existing commerci al customers in person, through mailers, using 3795 social media platforms, print media advertisements, and public meetings. Print media and materials 3796 are ideally generated and distributed using re cycled paper content manufactured at local 3797 businesses. 3798
3799
Additional advertising in local newspapers a nd on social media platforms encourages public 3800 meeting participation educating customers on essential topics such as sustainability and organics 3801 FINAL AGREEMENT Page 118 of 183
recycling requirements. Santa Clarita commercial customers may already be familiar with Burrtec's 3802 existing social media presence in the Santa Clarita Valley. 3803 3804
Facebook: https://www.facebook.com/burrtecscv 3805
Instagram: https://www.instagram.com/burrtecscv 3806
In addition, Burrtec utilizes KHTS to disseminate pertinent information. Burrtec will also utilize the 3807 following local resources for commercial outreach activities: 3808 3809
The SCV Signal and SCVTV 3810
The Santa Clarita Valley Business Journal 3811
Santa Clarita Valley Chamber of Commerce (SCV Chamber) 3812 The Valley Industrial Association (VIA) 3813
Rotary Club of Santa Clarita (SCV Rotary), Business Groups 3814 SCV Economic Development Center Outlets such as podcasts and print 3815 3816
Full-color, multilingual se rvice brochures will be distributed to existing commercial customers to 3817 familiarize them with service protocols, diversion requirement s, and service options. Burrtec 3818 representatives will conduc t meetings and speak with local busi nesses as part of the transition 3819 team's public outreach effort. 3820
3821
3822
3823
FINAL AGREEMENT Page 119 of 183
Exhibit 6 3824
Administrative Charges and Penalties 3825
Item Amount if Not Cured
in 30 Days
If Cured in 30
Days
a. Failure to respond to each complaint within three (3) Work Days of receipt of complaint. $100 per incident per Service Recipient. b. Failure to maintain call center hours as required by this Agreement. $100 per day. -0-
c. Failure to submit to City all reports by the deadlines required under the provisions of this Agreement. $100 per day. -0- d. Failure to include all parts of quarterly and annual reports specified in Sections 22.02 and 22.03 in the submitted
report
$100 per day. -0-
e. Failure to submit to City all payments by the deadlines required under the provisions of this Agreement.
1% of the total amount due if fees are 1
– 10 days late; and 10% of the total
amount due if fees are more than 10
days late.
f. Failure for Collection Container to be compliant with specifications of Exhibit 4.
$50.00/each Collection
Container not
compliant.
-0-
g. Failure for Collection Container to be compliant with SB 1383 labeling requirements.
$50.00/each Collection
Container not
compliant.
-0-
h. Failure to display Contractor’s name and customer
service phone number on Collection Vehicles.
$100 per incident per
day. -0-
i. Failure to Collect a missed collection Container by close of the next Work Day upon notice to Contractor, that
exceeds twenty (20) in any Calendar Year.
$1,000 per Calendar
year, plus $10 per
incident per day.
-0-
j. Failure to repair or replace damaged Containers within the time required by this Agreement, that exceeds twenty (20) in any Calendar year.
$1,000 per Calendar year, plus $10 per
incident per day.
k. Failure to maintain collecti on hours as required by this Agreement. $100 per day. -0-
l. Failure to have Contractor personnel in Contractor-
provided uniforms.
$25 per day per
employee. -0-
FINAL AGREEMENT Page 120 of 183
Item Amount if Not Cured
in 30 Days
If Cured in 30
Days
m
.
Failure of Contractor to follow Recyclable Materials and Organic Waste Contamination and Overage procedures
as set forth under Section 5.07 and 5.13.
$100/day for failure to
implement correction
plan.
Submit for
approval to
City and
implement
plan of
correction to
City within 30
days.
n. Vehicle fluid leak incidents from Contractor Collection Vehicles in excess of three (3) during a calendar year. $5000 per
incident in
excess of
three (3)
o. Failure of Contractor to provide proof of performance bond as required by this Agreement Agreement Default $500 per day p. Failure of Contractor to provide proof of insurance as required by this Agreement Agreement Default $500 per day q. Failure to provide City with documentation verifying Diversion, as outlined in Section 8.01.1, was achieved.
$10,000/Quarter
Submit for
approval to
City and
implement
plan of
correction
within 30
days.
r. Failure to Collect holiday trees on Collection Days. $25 per day. -0- s. Failure to commence service to a new Service Recipient within seven (7) days after order. $150 per day -0-
t. Failure to initially respond to a Service Recipient
complaint within one (1) business day.
$50.00 per failure to
resolve customer
compliant or request
-0-
3826
3827
FINAL AGREEMENT Page 121 of 183
Exhibit 7 3828
Customer Service Plan 3829
For Burrtec, customer service activities are just as important as excellent route performance. We 3830 maintain a local office in Santa Clarita staffed with local employees who understand the unique 3831 characteristics of the cities they serve. Cust omer service is the cornerstone on which Burrtec 3832 Waste Industries, Inc. was built. This philosophy is reflected in all areas of our business and is the 3833 key objective in developing our service 3834
policies and procedures. Every Burrtec 3835
employee's mission is “We’ll Take Care Of 3836
It.” 3837
3838
Knowledgeable Customer Service 3839
Staff 3840
3841
Burrtec's Customer Service 3842
centerpiece is our caring staff 3843
supported by a technology network 3844
designed to provide instant access to informatio n. Excellent customer service is Burrtec's 3845 Number One objective, and this philosophy is re flected in every facet of its personnel training 3846 and procedures. As our ambassadors to the community, all Customer Service Representatives 3847 ("CSRs") receive in-house training, including a thorough explanation of Customer Service 3848 Policies. Procedures clearly outline the steps needed to resolve customer service issues. 3849 Burrtec CSRs are trained to operate and unders tand the computer systems and customer 3850 database before responding to customer calls. Burrtec has over the past 20 years provided 3851 the City of Santa Clarita with well-trained, knowledgeable CSRs who are fully aware of the 3852 Company’s procedures and contractual requirements. Representatives participate in periodic 3853 and annual training sessions. 3854
3855
One Call Goal 3856
3857
Burrtec aims to answer every customer question and resolve every customer issue with just 3858 one call. CSRs are empowered to provide the customer with “one call” resolution to accomplish 3859 this goal. Remarks are entered for each acc ount upon contact with appropriately detailed 3860 comments regarding the nature of the customer contact and the resolution. Inquiries and 3861 resolutions are categorized by type and are reported and reviewed by Burrtec management to 3862 identify trends and root causes, enabling quick corrective actions as warranted. Callbacks are 3863 completed each morning with customers who had left a message during off business hours the 3864 previous day or weekend. Customer Service Representatives can create work orders at the 3865 time of the call, provide customers with a work status update, and will reconcile and close 3866 completed work orders at the end of each bus iness day, ensuring an accurate record is 3867 maintained in the system. 3868
3869
Customer Service Call Center 3870
3871
The City of Santa Clarita customers will cont inue to be directed to Burrtec's local customer 3872 service call center at 26000 Springbrook Avenu e, Unit 101, 661-222-2249, servicing the 3873 contract area. Call centers ar e staffed with trained and exper ienced “CSRs” with multilingual 3874 capabilities Monday through Friday 8 AM – 5 PM. All call centers at each of the Burrtec Division 3875 offices can support or relieve capacity as needed. Additional customer service representatives 3876 will be available for transition beginning one to two weeks prior to the rollout of new services. 3877
1. Service Recipient Billing 3878
3879
FINAL AGREEMENT Page 122 of 183
A computerized accounts receivable system gene rates customer billings for uniform service 3880 fees, surcharges, and discounts. Burrtec's Billing Management Department manages and 3881 maintains this system in Fontana, CA. Daily Customer Service Representatives receive 3882 process service requests and create and close work orders, effectively reconciling the 3883 customer's account information in real-time. The Santa Clarita Customer Service Manager will 3884 submit a billing request to the Billing Department. The Billing Department reviews, verifies and 3885 processes the billing files. The file is then uploaded to an invoice fulfillment center to process 3886 and prepare the mailing. The invoice processing time from the request for billing to the actual 3887 mailing of the invoice is approximately forty-eight (48) hours. 3888 3889
a. Invoice Content 3890
3891
Burrtec provides current and up-to-date in formation on the invoice. The invoice 3892 includes Burrtec's contact information, including email, itemized costs by services, and 3893 messages promoting paperless invoicing and electronic payments. Each invoice will 3894 include payment directions and if a single-fa mily dwelling invoice is pre-paid annually 3895 a one-month discount. 3896
3897
b. Frequency 3898
3899
All residential customers w ill receive an advanced quarterly billing for the upcoming 3900 service period. Remaining customers will be invoiced monthly. Invoices are sent on or 3901 before the first day of each billing period. 3902
3903
c. Electronic Invoicing 3904
3905
Burrtec customers have the opportunity to reduce paper waste and receive electronic 3906 invoices at no additional charge. Customers participating in the electronic invoicing 3907 program continue to receive newsletters and other important program information. 3908 Participants have the opportunity to receive correspondence by mail upon request. 3909 3910
d. Inserts & Statement Messages 3911
3912
The invoices will include a statement message with important reminders or inserts such 3913 as an application for automatic bank account payment deductions, a holiday schedule, 3914 a customized newsletter, or other information requested by the City. 3915 3916
e. Late Payment 3917
3918
1) Residential, Multi-Fam ily, Commercial, and Mixed Use 3919 3920
All residential, multifamily, commercia l, and mixed use invoices are due and 3921 payable by end of billing period. Burrtec will mail a reminder letter to any customer 3922 that has not paid their bill within 30 days. The letter will indicate payment was not 3923 received and warn that late fees may be applied beginning the first day of the 3924 following month after the initial invoice was mailed. If an account remains unpaid 3925 after 90 days from the due date, the city will be notified, and customer reminder 3926 letters sent indicating the delinquency. A second letter will advise customers that 3927 the account remains unpaid, contain the balance due, including late fees, warn 3928 that delinquent balances will be sent to a collection agency, and service will be 3929 disrupted unless the account is paid in full. Returned check fees may be charged 3930 to the customer’s account. 3931
3932
FINAL AGREEMENT Page 123 of 183
2) Billing Disputes 3933
3934
If a discrepancy is discovered in an in voice presented to a customer, Burrtec's 3935 Santa Clarita management team will work with the customer to review, understand 3936 and resolve the concern. A detailed and thorough review of the account's current 3937 service levels requested service adjustments, additional services, or cancellations 3938 will be evaluated in conjunction with ac count “remarks” and work order history 3939 created by Customer Serv ice Representatives during interactions with the 3940 customer. The customer will receive updated information outlining why charges 3941 were incurred or details of necessary adjustments made to the account. 3942 3943
2. Technology Network 3944
3945
The existing Burrtec technology network consis ts of two primary components: (i) Telephone 3946 system and (ii) Customer record management system (“CRM”). 3947 3948
a. Telephone System 3949
3950
Burrtec's telephone system is a full-featured Mitel Voice over Internet Protocol (VoIP) 3951 system with: 3952
3953
Multiple call paths offer several different paths/ways to receive an incoming customer 3954 call 3955
Multi-queue enables CSRs to be logged into multiple queues at one time, offering 3956 efficiency and increased availability during unexpected system or Santa Clarita power 3957 outages 3958
Full Automated Call Distributi on (ACD) reporting capabilities 3959 Complete off-site, seamle ss overflow/failover systems in a remote data center 3960 Data forwarding at every call center site uses Multi-Protocol Label Switching (MPLS) 3961 for ensured communication abilities 3962
3963
Burrtec’s Santa Clarita Hauling Division local phone number 661-222-2249 has been used 3964 in Santa Clarita since 2002. Burrtec’s teleph one system enables real-time monitoring of 3965 incoming calls, call duration, and calls on hold. The system displays the real-time status 3966 of calls in progress, and the status is monitored by the Lead CSR and the Customer Service 3967 Manager. The Corporate front office receptionist also monitors the system as a secondary 3968 status review. The Customer Service Manager, the Lead CSR, and the Receptionist have 3969 call load visibility in the Central Call Center and each Division Office. They can redirect 3970 calls to available operators irrespective of their office location. Should a caller be on hold 3971 for 90 seconds, the system offers the calle r the option of continuing to hold or being 3972 transferred to a message center. Callbacks to recorded messages received after hours 3973 are made the next business day. Three more attempts will be made if a caller is not 3974 reached on the first attempt. An electronic log of message center activity is updated with 3975 each call and maintained in the system, and available for inspection by Los Angeles County 3976 representatives at any time. CSRs encourage callers to provide an e-mail address or cell 3977 phone number to provide updates to the caller without interrupting the caller with a return 3978 phone call. 3979
3980
b. Customer Record Management System 3981
3982
The ability to redirect calls to any available CSR regardless of office location is possible 3983 because of the versatility of the CRM System technology used at Burrtec. Burrtec has 3984 developed a customized in-house Customer Relationship Management software platform 3985 that is foundational to the hauling operations called 'WASTEC'. WASTEC fully integrates 3986 accounts receivables, dunning/lien letter not ifications, customer invoice presentment, 3987 online bill pay, dispatch work order system, and routing logistics that all tie together to 3988 FINAL AGREEMENT Page 124 of 183
ensure that services invoiced accurately matc h services rendered. This is accomplished 3989 by using, Burrtec developed Geographical Information System (GIS) application to regulate 3990 all rate structures available in WASTEC to each specific service address by geocoding 3991 every customer to a digital street network. This GIS system also facilitates the ongoing 3992 optimization of commercial and residential routes. This software and all related data, along 3993 with other vital Burrtec applications and sy stems, reside on a host of servers. These 3994 servers are housed at two regi onally separated off-site and highly secure data centers 3995 rated at N+1 level redundancy. Servers at ea ch data center replicate to the other data 3996 center throughout the day. 3997
3998
Further, all critical hard drives are disk mirrored and striped (RAID 10 level). Burrtec also 3999 backs up all data on premise, off premise, an d in the cloud. Burrtec’s data is immutable, 4000 encrypted, and air gapped (offline, disconnect ed, and inaccessible from the internet). 4001 Burrtec's proprietary CRM is the source of every customer subscription and history. Each 4002 customer record in the system includes t he details about the customer's subscription, 4003 service history (including special services performed such as add-on services, Bulky Item 4004 pickups, temporary bin orders, and the like), call history, call disposition, and payment 4005 history. The Central Call Center and each Division Office are linked to the CRM so that 4006 any CSR can assist any customer from any Burrtec location. Once the caller's service 4007 address is located, a supplemental pop-up scr een is available to the CSR with additional 4008 vital details regarding unique services and special events in the caller's community. Daily 4009 logs of complaints are maintained and are available to the City for review upon request. 4010 4011
c. Work Order Processing 4012
4013
Each customer call requiring service action is recorded in Burrtec’s customer record 4014 management system ensuring work orders are scheduled as an action item for the 4015 appropriate driver/supervisor. Once the service action is completed, the final resolution of 4016 the customer call is input into the customer database system and recorded on the individual 4017 customer records. Service actions include: 4018
4019
4020
4021
4022
4023
4024
4025
4026
4027
4028
4029
4030
4031
4032
4033
d. Website 4034
4035
The City of Santa Clarita will have its ow n dedicated website which mirrors Burrtec's 4036 recently overhauled and relaunched website. Burrtec's website will provide City of Santa 4037 Clarita residents and businesses with in formation on payment methods, collection 4038 services, recycling legislation, event services, ways to contact us, and more. The website 4039 will detail Santa Clarita current services and rates, diversion options available, and allows 4040 Service Recipients to submit service changes, inquiries, complaints, or queries. The 4041 website is ADA compliant and has an accessibilit y option. The website contains City of 4042 Extra Pick-Up Courtes y Pick-Up Miss
Damage Claim Exchan ge Deliver y
Load Load/Dump No Return
Relocate Over Flow (Overage) Complain t
Oil Pick-Up Bulk y Item Attn Supervisor
Attn Driver Complement Attn Sales
E-Waste Pick-Up Rec ycling Contamination Tires
Appliance Metal Delinquent/No Service
Delivery Extra Bin/Barrel Resume Cit y Requested
Exchange Damage Exchan ge/Leak Exchan ge/Clean
Exchange Increase Exchan ge Decrease Exchan ge Graffiti Exchange Locking Bin Exchange Lid Missing/
Broken
Other
FINAL AGREEMENT Page 125 of 183
Santa Clarita specific programs, proper set out, educational materials, newsletters and 4043 program descriptions. 4044
4045
4046
4047
3. Staffing Levels 4048
4049
Burrtec's, City of Santa Clarita located call center will maintain a staff of twelve (12) customer 4050 service representatives. Staffing includes front counter walk-in se rviceability for City of Santa 4051 Clarita residents and businesses who prefer to meet with a representative in person. Based 4052 on the estimated customer count of 51,100, staffing levels equate to a service rate of 4,258 4053 customers serviced by each Burrt ec representative. Calculatio ns do not include assistance 4054 provided by the customer serv ice manager during peak hours or the adaptability of Burrtec's 4055 Mitel VoIP System, enabling managers to alloca te additional resources from nearby hauling 4056 facilities to limit unforeseen wait times. 4057
4058
The Customer Service Manager periodically review s call center statistics such as Make Busy 4059 Time, Average Speed of Answer, and Average Talk Time to ensure key performance indicator 4060 goals are maintained. Daily monitoring of ca lls offered, calls handled, and abandoned calls 4061 ensure the highest service level and percentage of answered calls. 4062 4063
4. Payment Programs 4064
4065
a. Payment 4066
4067
Burrtec offers several convenient payment opt ions for its customers. Payments can be 4068 made by (1) mailing a check, (2) subscribing to an electronic payment program, (3) a free 4069 24-hour automated call-in payment service using a touchtone keypad for credit card and 4070 electronic check payments, or (4) calling customer service to process an electronic check 4071 (ACH) or credit card payment. The flexibility to select payment options is offered at no 4072 additional charge. In addition to available electronic alternatives, customers are always 4073 welcome to visit our Santa Clarita office and process cash, check, or electronic payment in 4074 person. Eligible customers paying a full year in advance will receive one month’s credit for 4075 services provided. 4076
4077
b. Refunds 4078
4079
Burrtec's automated process ensures customers receive timely refunds of overcharges on 4080 advanced payments after canceling services. Refund requests are processed within 30 4081 days from the date of cancellation. 4082
FINAL AGREEMENT Page 126 of 183
Exhibit 8 4083
Collection Service Operations Plan 4084
Burrtec’s continued growth and extensive experience in collection programs, processing and diversion 4085 have situated the company in a position to ensure that necessary resources will be available during the 4086 transition period and contract term. 4087
4088
1. Vehicles 4089
4090
New collection vehicles are on order to service the City of Santa Clarita in preparation for a contract 4091 award. Burrtec will utilize uniquel y numbered, new model year 2023 vehicles with a useful life 4092 expectancy of fifteen (15) years. This will include: 4093 4094
4095
4096
4097
4098
4099
4100
4101
4102
During manufacturing and as part of Burrtec’s tran sition plan, collection vehicles are inspected 4103 periodically by Burrtec fleet personnel for confor mance to required specifications. New collection 4104 vehicles received for operations undergo perfo rmance testing, onboard system installation, 4105 communication device setup, safety equipment chec ks, and fitted with appropriate identification 4106 requirements specified in the contract upon deliver y. Additional fleet vehicles have been selected 4107 for use, ensuring no service interruptions at the onset of the contract. A complete inventory list will 4108 be provided to the City prior to contract service start date. 4109 4110
a) Automated Collection Vehicles 4111
4112
The automated side loader is equipped with an automated arm (integra ted with the body), 4113 giving the best weight distributions and highest payloads. The 1,000-pound lifting mast reaches 4114 108" with a 10-second dump cy cle. Carts may be dumped and returned from any position 4115 without retracting the lift. The self-leveling clamps handle 30-105-gallon carts. The packer 4116 design allows for better compaction, 4117
container clearance, and helps prevent 4118
spillage behind the co mpactor systems. 4119
The hydraulic packer computer system 4120
controls are preset to engage 4121
automatically after the programmed 4122
number of carts are dumped. 4123
4124
Quantity T ype Model Year Useful Life
1 Automated Autocar Electric 2023 15
26 Automated Autocar 2023 15
16 Frontloader Autocar 2023 15
1 Scout Truck Frei ghtliner 2023 15
1 Bin/Barrel Flatbed Frei ghtliner 2023 15
FINAL AGREEMENT Page 127 of 183
b) Commercial Collection Vehicles 4125
4126
The commercial front-end loader (FEL) is equipped with an automated arm and moveable fork 4127 system (integrated with the body ), giving the best weight distri butions and highest payloads. 4128 The 10,000-pound arm capacit y fills a 12 cubic yard hopper and is specially equipped with a 4129 tipper mounted to the crossbar to service ca rts received from low-volume generators. The 4130 hydraulic packer computer syst em is preset to automatically engage after the programmed 4131 number of containers have been 4132
dumped. The packer design allows for 4133
better compaction, container 4134
clearance, and helps prevent spillage 4135
behind the compactor systems. 4136
4137
c) Other Vehicles 4138
4139
Bulky item collection vehicles may 4140
include a front loader for trash and a 4141
non-compacting flatbed for e-waste, 4142
white goods, and other recyclable 4143
material. Flatbed or box vans are used for 4144
barrel and bin delivery, exchange, and removal 4145
operations. Vehicle construction and design ensure 4146 solid waste or liquids will not blow, fall, shift or leak out 4147 of the truck onto the street. Scout trucks equipped with 4148 hook and chain hold-down equipment ensure bins are 4149 safely secured and withstand travel over steep or 4150
rough terrain. Every vehicle comes equipped with a 4151 shovel, broom, spill prevention kit, and fire 4152
extinguisher. 4153
4154
d) Specialized Equipment 4155
4156
Burrtec serves many customers throughout Southern California; some of these accounts may 4157 be in isolated, hard-to-service or have space limitations such as the Newhall and Sand Canyon 4158 service areas. Our experience includes hard-to-access mountain roads, unpaved desert roads, 4159 narrow roads, dirt roads, tightly developed urban areas, and other atypical roadways. 4160 4161
These service challenges may require smaller 4162
collection vehicles that ca n safely and effectively 4163 maneuver in difficult serv ice areas. Custom-built 4164 for each circumstance; specialized vehicles 4165
include either manual or automated collection 4166
methods. While no single service option may be 4167
ideal, Burrtec is prepared to provide equipment 4168
alternatives to facilitate program compliance. 4169
4170
e) Vehicle Specifications 4171
4172
The requested vehicle specifications are identified 4173 below. 4174
4175
Fuel
Type Size # of
Axles GVWR Capacity # of Collection
Compartments
Side Loader CNG 36 yd3 3 54,900 10 Ton One
Side Loader EV 36 yd3 3 54,900 10 Ton One
Front Loader CNG 40 yd3 3 54,900 10 Ton One
FINAL AGREEMENT Page 128 of 183
Fuel
Type Size # of
Axles GVWR Capacity # of Collection
Compartments
Scout Truck CNG 1-3 Bins 2 26,000 5 Ton Zero
Flat Bed CNG 60 yd3 2 26,000 5 Ton One
4176
4177
f) Reduction of Air Emissions and Wear & Tear on City Streets 4178 4179
Burrtec continues developing a nd implementing programs at it s facilities with positive 4180 environmental impacts. 4181
4182
1) Reduced Air Emissions 4183
4184
Burrtec utilizes vehicles powe red by Compressed Na tural Gas (CNG). CNG is the same 4185 type of gas commonly used in household appliances and as a home heating source. The 4186 CNG clean fuel technology will help the environment by produ cing less exhaust emission 4187 pollutants than standard diesel-f ueled trucks. Burrtec's current CNG fuel is derived from 4188 Renewable Natural Gas (RNG) resources produc ed in association with dairy farms and 4189 supplemented by landfills not eligible to meet SB 1383 pr ocurement requirements. With 4190 these "near zero" trucks and investment in fue ling system installation at the Santa Clarita 4191 Hauling Division, Burrtec remains committed to improving the environment. All alternative 4192 fuel vehicles are equipped with the L9N N ear Zero Emission Gas Engine, compliant with 4193 current EPA, CARB, and South Coast AQMD emission requirements. 4194 4195
Burrtec will aid the City in achieving obligat ions set forth by the SB 1383 Procurement of 4196 Recovered Organic Waste requirements when reliable volumes of CNG transportation fuel 4197 become available. CalRecycle's curr ent resource for anaerobic digesters 4198 https://www.calrecycle.ca.gov/organics/slcp/procurement includes a list titled California 4199 Anaerobic Digestion Projects Accepting Organi cs Waste from the Municipal Solid Waste 4200 Stream (May 2021). This list details the status of 34 statewide anaerobic digesters with the 4201 potential capability to create renewable CNG Transportation Fuel. Of the 34 facilities listed, 4202 the status indicates 3 "Inactive" and 16 "Pending," totaling 19 anaerobic digesters (55.88%) 4203 28’-0”
Inner Radius
FINAL AGREEMENT Page 129 of 183
unavailable for use. Of the remaining 15 oper ational facilities, only five produce CNG 4204 transportation fuel required to meet SB 1383 procurement mandates for the entire state. 4205 4206
2) Reduced Wear & Tear on City Streets 4207
4208
Burrtec team members, who have lived in Santa Clarita for more than thirty years or have 4209 worked at the Santa Clarita Division for mo re than fifteen years, will conduct a thorough 4210 and comprehensive study of the existing routes currently operated by the incumbent within 4211 the franchise area during the implementation period. Burrtec's geographic information 4212 system (GIS) team members will develop rout e maps, verify routing requirements, and 4213 begin to develop the operational platform used by our drivers. GIS team members focus 4214 on key performance indicators to optimize routes, including but not limited to: 4215 4216
Container counts 4217
Tonnage generation 4218
Labor hours 4219
Fuel costs 4220
Miles driven per route 4221
Start times 4222
Distance to disposal sites 4223
Facility hours of operations 4224
Time sensitive stops (sch ools and shopping centers) 4225 Traffic flow and turns required 4226
4227
Route optimization sets the following goals: 4228
4229
Efficient use of resources and equipment 4230
Minimize the carbon footprin t of the collection service 4231 Ensure the minimum number of changes and disruptions in collection service for 4232 existing customers 4233
4234
g) Vehicle Technology 4235
4236
(1) Lytx Safety System 4237
4238
The Lytx system is deployed on all Burrtec co llection vehicles utilizing a combination of 4239 cameras, GPS, G-force measurement, and artificial intelligence (AI) to promote safe 4240 driving techniques, to detect possible accide nts or unsafe activities, and specifically 4241 designed to work in areas with limited cell service. Burrtec uses the data collected through 4242 the Lytx system and transmitted to the Safety Team to train and coach safe behaviors and 4243 driving skills. The training consists of various methods that include one on one video 4244 reviews of unsafe acts or conditions and t he posting of videos that demonstrate safe 4245 driving practices in driver breakroom areas. T he Lytx system is utilized by fleets 4246 nationwide to reduce the potential for accidents and injuries. Burrtec currently has this 4247 system installed on over 600 vehicles. The Ly tx system will meet the requirements for 4248 Video and GPS as outlined in the RFP. 4249
4250
(2) Global Positioning System (GPS) 4251
4252
GPS data will track a vehicle's path route with lines or dots superimposed on a map. Data 4253 is gathered, including date, time, speed, dire ction, location (address), and available in 4254 reports. Reports will be provided within two business days of the request for a specific 4255 time or a geographic area. Data is retained for a minimum of 14 calendar days. The 4256 minimum ping frequency of occurrence that GPS data is received from the vehicle will be 4257 at least every ten seconds for all vehicles when within the service area. 4258 FINAL AGREEMENT Page 130 of 183
4259
(3) Video Equipment 4260
4261
Burrtec's collection vehicles utilize forward video recording equipment to validate service 4262 complaints such as missed collections and other items of interest and a camera facing 4263 solid waste as it falls into the hopper. Video equipment will record once a vehicle leaves 4264 the yard during days of operation. Video will be geotagged for location, time/date stamped, 4265 and adequate resolution to ident ify the location serviced. Vi deos will be retained in an 4266 electronic format for a minimum of 14 calendar days. Copies of videos or screen capture 4267 of a specific day, time, or location will be provided within 48 hours of the request. 4268 4269
(4) Waste Facing Cameras 4270
4271
Onboard truck systems utilize cloud data platforms to docum ent photographic evidence 4272 of contamination and cellular GPS systems to track and record service location, date, and 4273 time information. Onboard systems will aid in targeted route reviews. 4274 4275
h) Vehicle Appearance 4276
4277
All Burrtec collection vehicles will uniformly display the Burrtec color scheme, white with a bold 4278 horizontal burgundy stripe on the body and horizontal orange and burgundy stripes on the cab. 4279 Collection vehicles will be identified with t he company name in a contrasting color and 4280 constructed such that solid waste or liquids will not blow, fa ll, sift, or leak out of the truck onto 4281 the street. Vehicles are repainted when reasonably required to maintain a positive public image. 4282 Vehicles are equipped with general safety equipmen t, fire extinguishers, shovels, broom, and 4283 spill prevention kits. 4284
4285
Automated side loaders and commercial collecti on vehicles may include promotional signs 4286 regarding recycling, diversion, and safe handling of unpermitted waste with text, graphics, and 4287 design approved by the City. The billboards can be 4288 changed periodically, with various trucks 4289
carrying different messages to maximize public 4290
education. Below is an example of an outreach 4291
sign currently used in the Santa Clarita 4292
franchise area. 4293
FINAL AGREEMENT Page 131 of 183
4294
4295
i) Vehicle Maintenance Program 4296
4297
Management ensures all divisions comply with Motor Carrier Safety regulations and terminals 4298 conform to the Basic Inspection of Terminals (BIT) Program standards. Each regulated vehicle 4299 is inspected per California Vehicle Code 34 505.5. Beginning with training, monthly 4300 maintenance reviews and prevent ative maintenance programs are critical components to 4301 ensuring compliance. Each program component is continually reviewed for effectiveness, 4302 updated to maintain compliance, and has resu lted in the Satisfactory rating on Safety 4303 Compliance Reports / Safety Record Updates conducted by the California Highway Patrol. 4304 4305
Training programs include but are not limited to: 4306
4307
Topic Description
Safety Training CalOSHA required industr y-specific safety training CNG Tank Inspector College-level certification course authorizing employees to inspect CNG tanks
Air Conditioning (US EPA 609
Cert)
Certification program authorizing employees to
recharge and troubleshoot AC systems
Oil Analysis Read and understand fluid anal ysis report results Cummins Insite/QuickServe Use of Cummins en gine software Allison transmission Understand how to use Allison software DOT OOS Criteria Understand out of service criteria
Tire/wheel OOS criteria Understand out of service criteria for tires Tire/wheel mount & demount Safe installation and removal of tires Tire repair How to safel y repair a tire
Merritor Brake & Wheel Brake inspection trainin g
Chassis/Air Brake ABS Understand how to service and maintain air s ystems LNG/CNG Troubleshooting Troubleshoot fuel s ystems
CNG/LNG Hose & tubing Understand how to build and maintain fuel lines Stop the Drop H ydraulic hose routing & spill prevention ASL Arm Hydraulics Proper arm maintenance
Battery, alternator & starter Char ging system maintenance Suspension systems Understand how to service and maintain suspension systems
Steering systems Understand how to service and maintain steering systems
Cooling system maintenance Understand how to service and maintain cooling systems
FINAL AGREEMENT Page 132 of 183
4308
Standard operating procedures outline maint enance program requirements, record-keeping 4309 activities, and preventative maintenance schedules. Specific performance metrics are the focus 4310 of Burrtec's monthly maintenance review progr am. Key performance metrics include but are 4311 not limited to the following: 4312
4313
Labor hours and productivity 4314
Labor details by vehicle 4315
Out of service journal records 4316
Scheduled preventative maintenance completion 4317
Multiple vehicle repairs 4318
Major repairs required 4319
Non-safety sensitive backlog 4320
4321
j) Vehicle Maintenance Schedule 4322
4323
Trucks are maintained in Burrtec’s Santa Clarita yard by seasoned mechanics. Burrtec's robust 4324 preventative maintenance program will ensure all vehicles are in good, safe, neat, clean, and 4325 operable condition at all times. Collection vehicles will be thoroughly washed, steam cleaned, 4326 and regularly painted to present a clean appearance . Burrtec will make all collection vehicles 4327 available for inspection by City staff upon reque st. Burrtec agrees to replace or repair to the 4328 City's satisfaction any collection vehicle that the City determines to be of unsightly appearance 4329 or in unsatisfactory operating condition. Vehi cle maintenance schedules are designed to 4330 ensure vehicles are maintained at the highest state of readiness. 4331 4332
1) Daily Inspections 4333
4334
Driver cab cleaning 4335
Driver vehicle inspections conducted 4336
• Air brake inspections 4337
• Pre-Trip - Before work commences 4338
• Visually - While on the route and during disposal operations 4339 • Post Trip - Upon completion of daily activities 4340
4341
2) Weekly Activities 4342
4343
Vehicle washing 4344
Vehicle brake inspections performed by the maintenance department 4345 • Air brake test completed 4346
• Brake shoes or pads inspected 4347
• Brake drums or rotors inspected 4348
• Air lines, cans, and brackets inspected 4349
• Wheel seals checked 4350
• Back up alarm tested 4351
• Back up lights inspected 4352
• Brake lights inspected 4353
• Back up camera inspected 4354
• Repairs reported, recorded, and completed 4355
Vehicle tire inspections performed by the maintenance department 4356 • Tire tread depth measured 4357
• Tires air pressure checked 4358
• Tires inflated to manufacturers' specs 4359
• Tires with defects or low tread changed 4360
• Tires matched by the tread depth 4361
• Repairs reported, recorded, and completed 4362
FINAL AGREEMENT Page 133 of 183
4363
3) Monthly Inspections 4364
4365
General vehicle inspections scheduled every 30 days comprising of over forty (40) 4366 items inspected on each vehicle in the following component groups 4367 • Vehicle Body 4368
• Hydraulic System 4369
• Engine Fluid Levels 4370
• Cooling System 4371
• Air & Brake System 4372
• Fuel System 4373
• Chassis and Suspension System 4374
• Cab Controls 4375
• Decals & Paint 4376
• Safety Devices 4377
• Camera System 4378
• Registration and Documentation 4379
4380
4) Quarterly Inspections (every 90 days) 4381
4382
Includes the monthly vehicle inspection and adds the following inspection 4383 requirements 4384
• Coolant sample sent for analysis 4385
• Coolant pH test 4386
• Engine oil sample sent for analysis 4387
• Engine air, fuel, and oil filter change 4388
4389
5) Semi-Annual Inspections (every 180 days) 4390
4391
Includes the monthly vehicle inspection and adds the following inspection 4392 requirements 4393
• Coolant sample sent for analysis 4394
• Coolant pH test 4395
• Change engine oil. Sample sent for analysis 4396
• Transmission, air, fuel, and oil filters changed 4397 • Transmission fluid sample sent for analysis 4398
• Hydraulic fluid sample sent for analysis 4399
6) Annual Inspections (every 365 days) 4400
4401
Includes the monthly vehicle inspection and adds the following inspection 4402 requirements 4403
• Inspection of the hydraulic system 4404
• Inspection of the transmission system 4405
• Coolant is changed and the sample sent for analysis 4406 • Manual Transmission/Differential general inspection 4407 • Manual transmission oil sample sent for analysis 4408 • Gear/differential fluid sample sent for analysis 4409 4410
7) Road Calls 4411
4412
Burrtec’s maintenance program is designed to ensure the optimal readiness level of 4413 collection vehicles. Burrtec maintenance departments are equipped to respond rapidly to 4414 immediate driver needs if brea kdowns occur. Designated tec hnicians respond to drivers' 4415 "Road Calls" for assistance using vehicles specially equipped to remedy most mechanical 4416 failures that can occur in the field. An adequate amount of well-maintained spare 4417 FINAL AGREEMENT Page 134 of 183
equipment is available should repairs require the vehicle to be returned to the hauling yard 4418 or be placed out of service for an extended period. Burrtec's onsite approach allows 4419 technicians to respond within one hour of the breakdown, minimizes driver downtime, and 4420 reduces potential service delays. 4421
4422
2. Containers 4423
4424
Burrtec has secured an allotment of time in t he manufacturing schedule for container production 4425 from its vendors to fulfill the contract award requirements. Consistent with SB 1383 regulations and 4426 contractual requirements, containers will be co lored and labeled with the required languages and 4427 signage explicitly designed to facilitate diversion goals and convey general safety information. 4428 4429
a. Past Experience 4430
4431
Burrtec has long-standing relationships with two primary container manufacturers. For more 4432 than two decades, the Rehrig Pacific Company has manufactured Burrtec automated carts. 4433 Consolidated Fabricators, now Wastequip, has continued to supply Burrt ec with commercial 4434 bins and roll-off boxes for nearly three decades. Burrtec’s long-standing and successful 4435 partnership with these companies has provided a platform for Burrtec management team 4436 members to provide input in the design, operational efficiency, and supply chain management. 4437 4438
1) Rehrig Pacific 4439
4440
The Rehrig Pacific Company was first established in 1913. For over 100 years, Rehrig 4441 Pacific has believed the key to success lies in making products that give customers real 4442 advantage. Today, Rehrig Pacific is in its second century of business, carrying on under 4443 the leadership of the founder's great-grandson. The Rehrig Pacific Company continues to 4444 build upon its expertise in manufacturing and extensive knowledge of customers' 4445 operations to create new solutions for customers. 4446 4447
2) Consolidated Fabricators 4448
4449
Since 1974, Consolidated Fabricators has committed to delivering a line of solid and 4450 innovative products focused on performance, product dev elopment, fabrication, and 4451 delivery. Consolidated Fabricators has becom e a reliable business partner within the 4452 industry, and in 2020, Wastequip, the l eading North American manufacturer of waste 4453 handling equipment, added Confab to its portfolio of brands. This acquisition allows Confab 4454 additional operating efficiencies to serve its customer base better. 4455 4456
b. Sufficiency of Capacity 4457
4458
Customers will be able to choose a variety of se rvices offered by Burrtec’s preferred source-4459 separated container collection system when co nsidering their material stream volumes and 4460 individual need for flexibility. Cart and bin servic ed sectors, including multi-family complexes, 4461 will be included in the source-s eparated system. Customers w ill be able to source separate 4462 recyclables, organics, refuse, and food waste. This service combination is designed to 4463 maximize diversion while minimizing the cont amination of customized services amongst 4464 customers. The variety of services offered w ill enable service recipients to receive clean, 4465 efficient, and cost effective collection servic es. Available container dimensions are shown 4466 below. Additional recycling and organic waste c ontainers are always available to customers 4467 upon request. 4468
4469
FINAL AGREEMENT Page 135 of 183
Container Dimensions
Container Height Width Depth
35 Gallon Cart 36” 17” 17”
65 Gallon Cart 38” 24” 24”
95 Gallon Cart 41” 26” 26”
1 Cubic Yard Bin 29” 72” 24”
1½ Cubic Yard Bin 36” 72” 30”
2 Cubic Yard Bin 44” 72” 35”
3 Cubic Yard Bin 53” 72” 42”
4 Cubic Yard Bin 58” 72” 51”
6 Cubic Yard Bin 71” 72” 66”
4470
c. Bin Enclosures and Limited Space 4471
4472
1) Bin Enclosures 4473
4474
Burrtec aims to maximize container utilization 4475
and operational efficiency when collecting 4476
waste, recyclables, and organics. Efficiency is 4477
realized when the driver uses minimal 4478
movements to position containers for 4479
servicing. Appropriat ely sized enclosures, 4480
containers, and service frequency assist in 4481
maximizing collection efficiency, driver safety, 4482
and reducing wear and tear on City streets by 4483
limiting the number of times vehicles enter the 4484
premises each week. Properly sizing 4485
enclosures and providing an adequate number 4486
and size of containe rs reduce overfilled 4487
occurrences, accumulation of materials next to 4488
the container, and t he use of unauthorized 4489
containers for material storage. Burrtec 4490
maintains staff capable of assisting City 4491
Planning Departments with urban planning 4492
and development expertise specifically suited 4493
to address "Design Guidelines for Solid Waste, Recyclable, and Organics Enclosures." 4494 4495
Enclosures must be designed to comply with applicable building requirements, including 4496 14 CCR Section 18989.1 CalGreen Building Codes as outlined in SB 1383 regulations. 4497 Enclosures must be located no more than 150 feet from any residential unit for multi-family 4498 residential projects. Ideally, containers shoul d be placed so that they can be easily 4499 accessed and are not blocking each other. Adequate area should be kept around the bin 4500 so that lids can be shut when not in use. 4501
4502
Some businesses and multi-family projects pref er to store collection containers in a room 4503 or area attached to the business or resident ial project. These may be acceptable storage 4504 methods if the area complies with City devel opment standards with bins positioned in a 4505 manner Burrtec can efficiently access for service. 4506 4507
The actual type and amount of service will depend upon the sp ecific needs of a business 4508 or multi-family project. Burrtec’s Recycling C oordinators will first use this information to 4509 conduct site visits to customers, verify container counts, schedule follow-up waste 4510 assessments, and begin "right-sizing" recyclable and organic recovery programs. Burrtec 4511 staff will validate compliance with AB 827 and SB 1383 regulations when conducting waste 4512 audits and assessments or processing waiver applications. 4513
FINAL AGREEMENT Page 136 of 183
4514
2) Limited Space 4515
4516
Burrtec will provide alternative container sizes to residential customers and older shopping 4517 centers with limited parking and no enclosures such as Old Town Newhall, Lyons Avenue, 4518 and Sierra Highway. Alternative container sizes will have the same commodity selections 4519 as would have been initially provided. For example, up to 3 – 35 gallon carts will be 4520 provided in instances where larger cont ainers could not be accommodated due to space 4521 restrictions for cart storage or set out sites. 4522
4523
Additional containers are also available in instances with commercial businesses or multi-4524 family dwellings. Burrtec will as sist the City with waiver-rel ated activities under SB 1383 4525 requirements as listed below. 4526
4527
Upon customer request 4528
Collected and review waiver applications 4529
Determining initial qualifications 4530
Record keeping and retention 4531
4532
Waivers will be valid for not more than five years. Customers may request a waiver for the 4533 business' organic waste collection requirements if the amounts of organic waste are as 4534 follows. 4535
4536
Less than 20 gallons for businesses that pr oduce two cubic yards or more of total 4537 solid waste per week or 4538
Less than 10 gallons for businesses that pr oduce less than two cubic yards of total 4539 solid waste per week 4540
4541
Customers with legitimate space constraints requesting a waiver from their obligation to 4542 recycle organic waste should be applicable in limited scenarios. Limited space waiver 4543 requests are expected to decrease in use ov er time once building standards include 4544 adequate container space requirements for or ganic waste collection. Physical space 4545 waiver applications will include photographic evidence when submitted for approval. 4546 4547
d. Container Appearance 4548
4549
Variable container sizes will be available to su it customers' individual needs. Burrtec will 4550 provide SB 1383 colors and labels for all contai ner sizes. Labels for each service sector will 4551 maintain continuity with messaging to st rengthen the education and outreach efforts. 4552 Residences can expect to see the same prohibited and authorized materials for each container 4553 at their home and place of business. 4554
4555
1) Container Durability 4556
4557
All containers used by Burrtec are durable, easy to clean, and will: 4558 4559
• Maintain its original shape and appearance 4560
• Require no routine maintenance and essentially be maintenance-free 4561 • Not warp, crack, discolor, or otherwise det eriorate over time in a manner that will 4562 interfere with its intended use 4563
• Resist damage from everyday products and chemicals 4564 • Be incapable of penetration by biting or clawing animals (i.e., dogs, cats, and 4565 raccoons) 4566
• Included wheel and axle assemblies to provide continuous maneuverability and 4567 mobility as initially designed and intended 4568
FINAL AGREEMENT Page 137 of 183
• Resist degradation by ultraviolet radiat ion, airborne gases, or particulate matter 4569 currently present in the ambient air 4570
4571
Each container will be provided with a lid that continuously overlaps and comes in contact 4572 with the container body or otherwise causes an interface with the container body that 4573 simultaneously: 4574
4575
• Prevents the intrusion of rainwa ter, rodents, birds, and flies 4576 • Prevents the emission of odors 4577
• Enables the free and complete flow of mate rial from the container during the dump 4578 cycle without interference with the material already deposited in the truck body or 4579 the truck body itself and its lifting mechanism 4580
• It permits users of the container to conveniently and quickly open and shut the lid 4581 throughout the serviceable life of the container 4582
4583
Cart lid designs prevent an empty container from tilting backward when flipping the lid 4584 open. The lid will be hinged to t he cart body in such a manner to enable the lid to be fully 4585 opened, free of tension, to a position whereby it will re st against the backside of the 4586 container body and remains closed in winds up to 25 miles per hour from any direction. 4587 4588
2) Automated Carts 4589
4590
The cart's body, made from up to 40% recycled material content and identified by a unique 4591 serial number will include the company name or brand in a contrasting color. The cart lids 4592 will include text and graphics listing each respective cart's acceptable and non-acceptable 4593 items. General cart use information such as hazardous waste reminders is also included. 4594 Informational graphics will reinforce the ca rt's intended use and serve as a convenient 4595 reminder to customers. Below are the SB 1383 in-mold labels for trash, recycling, and 4596 organic waste cart lids used in other service areas. 4597 4598
ORGANICS
BLACK
FINAL AGREEMENT Page 138 of 183
4599
4600
4601
3) Commercial Bins 4602
4603
Below are the standard bin specifications and SB 1383 bin labels for trash, recycling, and 4604 organic waste cont ainers used in other service areas. Containers will include text and 4605 graphics listing the acceptable and non-accept able items. General use information such 4606 as hazardous waste remi nders is also inclu ded. Graphical information will reinforce the 4607 container's intended use and serve as a convenient reminder to customers. 4608 4609
Standard Bin Specifications 4610
4611
• Plastic durable lid 4612
• 14 Gauge construction with flanged corners and horizontal "V" groove ribs front, 4613 back, and bottom 4614
• 12 Gauge interlocking banding 4615
• 11 Gauge 4" x 8" Full-length gusseted fo rk channels - on ends reinforced at pick-4616 up points (2" recess or flush front & rear). 1, 1 1/2, 2 cubic yd with 4 gussets per 4617
FINAL AGREEMENT Page 139 of 183
channel, 3 cubic yd with 6 gussets per channel, 4 cubic yd with 8 gussets per 4618 channel 4619
• Channels are available on the bottom with 4 gussets per channel 4620 • Zinc plated lid rod with 90-degree bend and nylon lock nut 4621 • Lid holders to hold lids open 4622
• Lid ears to accommodate plastic or steel lids 4623
• 6" roller bearing rubber swivel casters with grease fittings (450 lb. capacity each) 4624 • 10 Gauge caster plates with flange for strength 4625
• Interior coated with automotive underse al or rust-inhibitive alkyd primer 4626 • Exterior (including the bottom) painted selected colors with alkyd enamel paint 4627 4628
4629
4630
4631
4632
4633
4634
4635
4636
4637
4638
4639
4640
4641
4642
4643
4644
FINAL AGREEMENT Page 140 of 183
e. Container Maintenance Program 4645
4646
Burrtec’s container maintenance fa cility is centrally located in the City of Santa Clarita at 4647 Burrtec’s Santa Clarita Hauling Division. Utilizing a local hauling facility allows Burrtec, in many 4648 cases, to complete bin repairs, bin washing, and paint requirements sooner than the contract 4649 requires. Burrtec will maintain an adequate container inventory and parts in sufficient quantities 4650 to deliver or replace containers within five service days of the request. The City will be informed 4651 of inadequate inventory concerns or manufacturer delays. 4652 4653
Burrtec will replace or repair containers observed to be damaged or at the request of the City, 4654 customer, or occupant. Fees may be charged for missing or damaged containers due to the 4655 customer or occupant's negligence. Minor damages that do not impede the ability to collect 4656 materials nor pose a safety concern are generally repaired or replaced on the customer’s next 4657 service day. Containers damaged from extraordina ry circumstances or requests for repair or 4658 replacement from the City, customer, or occupant will be completed as agreed upon at the time 4659 of notification but no later than as required by the franchise agreement. In all cases, Burrtec 4660 will ensure the customer's safety, and the functionality of containers remains the priority. 4661 4662
3. Route Operations 4663
4664
a) Advantages to Collection Vehicles Chosen 4665
4666
Vehicles are operated in compliance with the California Vehicle Code, applicable safety 4667 standards, and local ordinances. The Burrtec fleet benefits from three specific advantages: 4668 4669
Use of alternative renewable fuels. Burrtec' s use of alternative fuels minimizes pollution, 4670 reduces fuel costs, and capitalizes on renew able natural gas produced at dairy farms 4671 and landfills. Renewable natural gas procurement further reduces the demand for natural 4672 resources. 4673
State of the art technology. Many Burrtec v ehicles bodies are specifically designed for 4674 longevity and to collect the maximum payload possible using advanced materials such 4675 as Hardox® wear and abrasion-resistant steel . Coupled with the Lytx Safety System 4676 and GPS technology, the number of vehicles and routes required for service is 4677 significantly reduced, eliminating unnecessary wear and tear on City streets. Additional 4678 technological vehicle advances offered to the City of Santa Clarita are highlighted in the 4679 Innovative “Green Approach” section under Environmental Stewardship. 4680 Conscientious of neighborhoods and families. Burrtec's equipment complies with US 4681 EPA noise emission regulations, currently codified in 40 CFR Part 205 and other 4682 applicable noise control regulations. Such no ise control features are incorporated 4683 throughout collection vehicles. Noise levels of equipment utilized for collection activities 4684 comply with respective ordinances. They do not exceed 75 dcb when measured at a 4685 distance of 25 feet from the vehicle, five feet from the ground. 4686 4687
FINAL AGREEMENT Page 141 of 183
b) Driver Responsibilities 4688
4689
Burrtec drivers are primarily responsible for safety and service. 4690 Burrtec drivers are courteou s, keep a personally clean 4691 appearance, demonstrate a professional demeanor, and are 4692 friendly at all times. Drivers maintain the accuracy of their route 4693 sheets, including proper quantit ies and container sizes, and 4694 use notification tags for prohi bited container contaminants 4695 discovered while servicing the routes. Drivers are considerate 4696 when working near residences in the early a.m. hours, pack 4697 loads only when necessary, and are on the lookout for 4698 potential hazards involving children and pedestrians, animals, 4699 vehicles, blind intersections, overhead obstacles, and poorly 4700 lit areas. Drivers ensure all spillage of trash and enclosures 4701 are clean after servicing contai ners. Drivers will advise their 4702 supervisor or dispatcher of discrepancies or errors 4703 encountered. Notifications allow necessary corr ections to be made expeditiously. A copy of 4704 Burrtec's "Driver Handbook" containing a comp lete list of safety requirements, driver 4705 responsibilities, and company expectations can be provided to the City upon request. 4706 4707
c) Anticipated Driver Productivity 4708
4709
Route Operations # of
Crew
# of
Trucks
# of
Routes
Total
Route
Hours
On
Route
Hours
Total # of
Containers
Collected
# of
Containers
Collected /
Hour
# of
Vehicle
Passes
per
Customer
per week
Residential Trash 1 11 11 118 107 52,825 90 1
Residential
Recycling 1 8 8 86 78 47,181 110 1
Residential
Organics 1 8 8 86 78 54,498 127 1
Commercial Trash 1 8 8 88 80 6,639 14 Up to 6
Commercial
Recycling 1 5 5 55 50 4,764 16 Up to 6
Commercial
Organics 1 2 2 22 20 2,132 18 Up to 6
Bulky Collection 1 1 1 10 9 Varies Varies Varies
Barrel / Bin
Delivery 1 1 1 10 9 Varies Varies Varies
Scout Bin Route 1 1 1 4 3.5 Varies Varies Varies
4710
d) Operational Communications 4711
4712
When a customer contact requires Burrtec action, the CSR generates a work order. Work 4713 orders transmitted electronically become the dispatcher's responsibility to schedule fulfillment 4714 of the service request promptly. 4715
4716
Each day, drivers are given detailed route sheets and supplemental work orders. Route sheets 4717 include account notes and work or ders to provide the driver with specific service requests or 4718 instructions provided by the customer. Additional customer requests requiring same-day 4719 service are communicated to the driver by dispatch throughout the day. The driver will confirm 4720 to dispatch when work is complete. 4721
FINAL AGREEMENT Page 142 of 183
4722
Before leaving the route for t he day, drivers will contact on-site dispatch making their "Last 4723 Call." Last Call communications ensure all work is completed prior to returning to the yard. 4724 Upon returning to the hauling yard, drivers will check in with dispatch to complete a final 4725 reconciliation of scheduled vers us completed work. The hauling division’s central location in 4726 Santa Clarita allows for rapid response times and same day service in many cases. 4727 4728
The Route Supervisor monito rs the status of all Work Orders to ensure timely fulfillment and 4729 weight tickets for DOT compliance. Any CSR can access Work Orders at any time to monitor 4730 status. Work order fulfillment ti meliness depends upon the nature of the order. For example, 4731 Dispatch attempts to resolve orders regarding service issues on the day received, while a Bulky 4732 Item collection would be scheduled for the customer's next regular collection day. 4733 4734
e) Driver Contamination Monitoring 4735
4736
Drivers will use two primary methods to determine the type of prohibited container 4737 contaminants they may encounter. These method s consist of process and task identification 4738 techniques used to determine container contamination types that may be present. 4739 4740
Process Identification: Drivers determine what type of business uses the containers serviced. 4741 Suppose a driver is at a fa st-food establishment, and there are no recycling or organic waste 4742 collection containers present. In that case, drivers will look for corrugated material or food waste 4743 in the refuse containers during service and report findings accordingly. 4744 4745
Task Identification: Roll off drivers servicing containers at a construction site will notify dispatch 4746 when organic waste is observed in the construction & demolition box that could otherwise have 4747 been collected in an organics container. 4748
4749
Drivers will place notification tags educating customers on pr ohibited contam inants found. 4750 Burrtec will inform generators on proper container utilization techniques and how contamination 4751 can be corrected at discovery and using standard mail or notifications sent via e-mail. Red tags 4752 are applied to residential customer carts and a visible contamination decal for commercial bins. 4753 4754
4755
4756
4757
4758
4759
4760
f) Annual Service Level a nd Billing Audit Approach 4761 4762
1) Audit Plan 4763
4764
Burrtec has developed a comprehensive plan to conduct annual route audits. This plan 4765 utilizes trained Burrtec professionals experie nced with equipment, auditing jurisdictions, 4766 and our work order system and the processes required to resolve exceptions. 4767 4768
The route audit will be conducted over multiple weeks, and allows our auditors to physically 4769 visit each customer within the City. Each audito r is fully trained to conduct these audits to 4770 meet all CalRecycle and City requirements. 4771
4772
Auditors are equipped with tablets to document observations in real-time while on the route 4773 and minimize data transfer errors. Each auditor will follow route lists specially designed for 4774 each project which will detail cu stomer account information in such a way as to allow 4775 auditors to capture multiple commodities in a single visit to the customer's location on a 4776 scheduled service day. Completed data will be downloaded nightly and reviewed by the 4777 FINAL AGREEMENT Page 143 of 183
audit management team. An exception list will be generated from the data and provided to 4778 appropriate personnel for processing. Exceptions-based work orders will be created for the 4779 operations team to remedy timely and on a customer's future service day. 4780 4781
Burrtec will supply designated City personnel a detailed report upon completing the route 4782 audit containing information on the procedures followed, of the names of the employees 4783 who conducted the audit, a description of changes required resulting from the audit, and a 4784 plan to resolve any exceptions still needing to be rectified. Included in the report presented 4785 to the City will be the backup data. 4786
4787
2) Route Maps 4788
4789
Santa Clarita route maps will be included in the final report. Route maps will consist of city 4790 overviews for residential and commercial customers for each commodity. City boundaries 4791 will be highlighted to demonstrate proof that all routes exist within City limits. 4792 4793
Commercial routes are designed to serve a specific geographic area throughout the week 4794 within City boundaries. Only one map will be shown for each trash, recycling, and organics 4795 commercial route. In addition to route overviews, individual route maps per service day will 4796 be provided for residential collection activities and arranged by commodity. 4797 4798
3) Route Audit Team 4799
4800
The route audit team is comprised of two gr oups. Burrtec's most seasoned auditor leads 4801 the route audit management team with countless experiences in coordinating, conducting, 4802 and validating account information. Additiona lly, the route audit management team will 4803 include the Regional Hauling Manager and S anta Clarita Division Manager directly 4804 responsible for the hauling operations within the City of Santa Clarita to remedy any 4805 exceptions generated from the audit. 4806
4807
The route audit team members are comprised of a variety of skill positions within the 4808 organization and operate out of multiple divisions. Route audit team members bring 4809 industry knowledge of container conditions, work order processes, and computer skills, all 4810 necessary to complete the contractual compliance requirement. Route audit team 4811 members range from yardmen, to office staff capable of executing field audit operational 4812 tasks and include seasoned drivers from multiple divisions. 4813 4814
4) Route Audit Team Training 4815
4816
Route audit team training will consist of i ndividual components administered by the route 4817 audit management team. The route audit team has extensive knowledge in completing City 4818 of Santa Clarita commercial audits for nearly two decades, critical to efficient and effective 4819 audit execution. 4820
4821
The first phase of training will be conduct ed in an office environment. The training will 4822 outline an overview of the audit, including contra ct requirements, review map orientation 4823 and City boundaries, and familiarization with the iPad and forms completed while onsite. 4824 The second phase of training will consist of bin and cart contamination requirements. Using 4825 actual examples of equipment in the field, the route audit management team will ensure 4826 each auditor clearly understands what container contamination is. 4827 4828
Next, the route audit management team will conduct live field tests with each route auditor. 4829 Field tests ensure proper use of the elec tronic tablets, confir m auditors understand 4830 expectations, and ensure data transfer and ex ception reports can be generated from the 4831 information collected by the route audit team. 4832
4833
FINAL AGREEMENT Page 144 of 183
5) Conducting the Audit 4834
4835
Auditors will arrive at each customer's lo cation and select the appropriate or prohibited 4836 materials found in each container observed, quantity of containers on site, and size of each 4837 container. Audit results and corrections will be provided to the City as required. 4838 4839
4. Facilities 4840
4841
a) Designated Facilities 4842
4843
Burrtec corporate offices and hauling operations facilities used to service the City of Santa 4844 Clarita are listed below: 4845
4846
Facility Location Distance to City Center
Hauling Operations 26000 Springbrook Ave
Santa Clarita, CA 91350 2.7 miles
Corporate Offices 9890 Cherry Ave Fontana,
CA 92335 76.5 miles
4847
Burrtec proposes delivering solid waste, commingled recyclables, and organics to the facilities 4848 listed below. 4849
4850
Commodity Disposal Facility Facility Owner Location Distance to City Center
Solid Waste/
Residue Chiquita Landfill Waste Connections 29201 Henry Mayo Drive, Castaic 91384 9.2.Miles
Recyclables Rent-a-Bin Randfam Inc.
20745 Santa Clara
Street, Santa Clarita
91351
6.1 Miles
Organic
Waste Rent-a-Bin Randfam Inc.
20745 Santa Clara
Street, Santa Clarita
91351
6.1 Miles
E-Waste e-Recyclers of
California
e-Recyclers of
California
7230 Petterson Ln
Paramount, CA 90723 45.4 Miles
4851
Organic waste will be collected and hauled by Burrtec 4852 and processed through the proposed Rent-a-Bin 4853
facility. The Rent-a-Bin fa cility is currently in the 4854 process of acquiring the pr oper Solid Waste Facility 4855 Permit to receive, process, and transfer organic waste 4856 by July 1, 2023. More details about the Facility will be 4857 provided as the permitting process progresses. 4858
4859
b) Estimated Recovery Rates Net of Residue 4860
4861
Commodity Disposal Facility Recovery Rate Permitted
Capacity
Recyclables Rent-a-Bin TBD TBD
Organic Waste Rent-a-Bin TBD TBD
4862
FINAL AGREEMENT Page 145 of 183
c) Operational Limitations of Recy cling and Organic Waste Processing 4863 4864
1) Organic Waste Processing 4865
4866
As of April 7, 2022, Rent-a-Bin is only permi tted to accept green waste for chip and grind 4867 processing activities. Recent discussions with Rent-a-Bin have indicated that they are 4868 currently in the permitting phase to process organic waste to include bagged food waste 4869 collected with the green waste, source se parated food waste, and manure. Rates and 4870 diversion estimates will not be available until the facility is permitted and constructed 4871 4872
Rent-a-Bin remains the primary facility selected to receive organic waste material. In the 4873 unlikely event, Rent-a-Bin has not received t heir permits to process organic waste onsite 4874 by July 1, 2023, materials would be deliver ed to Rent-a-Bin and transferred to Burrtec’s 4875 strategic partner, Agromin as an interim solution. 4876 4877
However, in order to receive and transfer the materials to Agromin, the Rent-A-Bin facility 4878 requires a Solid Waste Facility Permit. In the unlikely event Rent-a-Bin has not received 4879 their permits by July 1, 2023, as a temporary solution, Burrtec will use Sun Valley Paper 4880 Stock Material Recovery Facility and Transf er Station to receive and transfer organic 4881 material to an Agromin facility. 4882
4883
As soon as Rent-a-Bin receives the proper permitting and completes facility construction, 4884 appropriate materials will be redirected to Rent-a-Bin. 4885 4886
Sun Valley Paper Stock Material Recovery Fa cility & Transfer Station is the alternative 4887 transfer facility to Rent-A-Bin. Designed for an ultimate peak throughput of 1,250 tons per 4888 day (TPD) and is permitted for 750 TPD. This is a typical transfer station responsible for 4889 load checking green waste and food waste loads to remove large pieces of contamination 4890 before materials are sent to Agromin's permitted organic waste processing facilities listed 4891 below. The materials will be placed in a pile on the transfer station floor and are typically 4892 transferred the same day. Burrtec has an existing working relationship with Sun Valley 4893 Paper Stock for the transfer of materials fo r several franchised areas. There is adequate 4894 capacity to receive and transfer the materials from Santa Clarita. 4895 4896
Agromin. With the increase in organic materi al availability, Burrtec has partne red with 4897 Agromin, established in 1972 is a family-owned and operated company. Agromin is 4898 California’s premier organics processor and currently operates nineteen (19) organic 4899 materials processing facilities in California, with plans to develop additional locations. Each 4900 year, Agromin manages over 1.2M tons of organic waste materials through its own 4901 processing facilities and its strategic partn ers' facilities. With over 200 dedicated 4902 employees working within 15 counties, Agromin proudly serves more than 200 4903 communities throughout California. To date, Agromin has responsibly transformed over 8M 4904 tons of organic waste into organic products for use in agriculture, landscape, and retail 4905 markets. Agromin’s compost operation is in compliance with Article 12 Section 18993.1(f) 4906 of SB 1383 regulations. 4907
4908
Agromin Oxnard Organics Recycling Fa cility has been operating for two decades 4909 and has served as a research facility fo r covered aerated static pile (CASP) 4910 technology. Located in Oxnard, this facility accepts up to 200 tons per days of 4911 green waste, agricultural processing wa ste, and wood waste. Agromin Oxnard 4912 Compost Facility is permitted and has capacity to accept the Santa Clarita green 4913 waste tonnages. 4914
4915
Agromin Mountain View Organic Waste Processing Facility has a Solid Waste 4916 Facility Permit and will be operational in late 2022 before the July 1, 2023, 4917 contract date. This facility will receive and process 300 tons per day (TPD) of food 4918 FINAL AGREEMENT Page 146 of 183
materials, organic waste, and compostable fibers from the commercial solid waste 4919 collection routes. The resulting 210 TPD of slurry may be used for anaerobic 4920 digestion operations, and may eventually be processed into on-site animal food 4921 production and fertilizer. 4922
4923
Agromin Rancho Cristobal Compost Facility is expected to be permitted before 4924 July 1, 2023 and will also have available capacity for Santa Clarita green waste 4925 tons. This site will receive 200 tons per day of green waste for composting in the 4926 hills of Ventura County to produce comp ost for mine reclamation projects and for 4927 regenerative carbon farming by sequestering compost in the rangelands. Agromin 4928 is concurrently developing partnersh ips to implement carbon farming on 4929 rangeland, which can be considered for voluntary carbon offset credits. 4930 4931
2) Recyclable Material Processing 4932
4933
Rent-a-Bin cannot offer processing fees or diversion rates until permitting and 4934 construction nears completion. Burrtec has a currently working relationship with Rent-a-4935 Bin and has frequent and regular communications regarding the current and future facility. 4936 4937
Rent-a-Bin currently accepts single-stream materials generated in the Santa Clarita Valley 4938 for transferring to off-site processors. Burrt ec transfers collected materials to its Burbank 4939 Recycle Center (SWIS 19-AA-1149) located at 500 S Flower Street, Burbank, CA 91502. 4940 Until Rent-a-Bin secures permits and constructs a facility, Burrtec will continue to utilize 4941 Rent-a-Bin to transfer its recycling materials to the Burbank recycling facility. 4942 4943
d) How Recyclable Materials Will Be Marketed and Sold, Contingencies 4944 4945
Recyclable Material 4946
4947
Currently, commodity markets are relatively stable. Plastic markets now have more options 4948 to ship to domestic mills. Markets have adjusted to the elimination of China as a significant 4949 consumer of recycled materials. Quality standards remain high and challenge Material 4950 Recovery Facilities, given the contamination levels in most recyclable streams. Shipping 4951 to overseas markets can be complicated with existing trade imbalances, resulting in a lack 4952 of space on outbound ships. Recyclable mate rials are currently averaging an estimated 4953 $41.33 per ton in gross revenue before processing and residue charges. Burrtec continues 4954 to expand its network of international and domestic outlets and brokerage firms to increase 4955 the marketability of materials collected and diversion potential. 4956 4957
In each case markets fluctuated, Burrtec has been able to address the situation through a 4958 combination of strategies including, but not limited to, sourcing out new markets, improving 4959 processing output quality, and stockpiling material until conditions improve. Burrtec will 4960 continue to use these same strategies in the future and is capable of adding emergency 4961 storage capacity if necessary. 4962
4963
Organic Waste Material 4964
4965
Burrtec will coordinate and cooperate with the City of Santa Clarita to assist in meeting its 4966 recycled organic waste proc urement targets as required by SB 1383 regulations. The 4967 following programs should all be considered: 4968
4969
Community compost giveaway events 4970
City parks landscape, medians, and turf enhancements where recycled organic 4971 products are used to minimize water usage and improve soils 4972 Compost used in stormwater detention basins to promote vegetation growth 4973 FINAL AGREEMENT Page 147 of 183
Utilizing renewable natural gas derived from organics conversion technologies 4974 as alternative fuel or electricity 4975
Burrtec can act on behalf of the City of S anta Clarita as a direct service provider 4976 to procure compost and deliver material to a network of customers in the 4977 agricultural community. 4978
4979
5. Safety 4980
4981
a. Staffing Safety Requirements 4982
4983
Burrtec's safety program is managed by its Safe ty Director and includes training, preventive 4984 programs, and driver pre-employment risk evaluations. New drivers undergo extensive 4985 classroom and in-cab training before being approved for solo operation. 4986 4987
Reporting to the Director of Safety, Driver Tr ainers coach drivers throughout the organization 4988 to reinforce safe driving and work behaviors. Dr iver Trainers participate in in-cab ride-a-longs 4989 with the driver, conduct field training events, hold classroom training, participate in post-incident 4990 retraining, and review data collected by the onboard truck safety systems. 4991 4992
Periodically, route supervisors will conduct route observations both in-cab and following 4993 vehicles. Route observations are meant to allow the employee an opportunity to demonstrate 4994 safe work practices, defensiv e driving skills, and complete a written assessment of these 4995 activities. Drivers will receive a copy of t he observation and have the opportunity to provide 4996 feedback. 4997
4998
All employees participate in routine safe ty meetings and scheduled refresher training 4999 conducted by the company’s Safety Director, division managers, and route supervisors. 5000 5001
Safety training topics include, but are not limited to, the following: 5002 5003
Accident Prevention Signs and
Tags
Bloodborne Pathogens
Code of Safe Practices
Confined Spaces
Emergency Action Plan
Driver Ergonomics
Driver Responsibilities
Fall Protection
Fire Prevention Awareness
Hazard Communication
Hearing Conservation
Heat Illness Prevention Plan
-HIPP - Provisions of Water
-HIPP - Access to Shade
-HIPP - Emergency
Procedures
-HIPP - Heat-Related
Symptoms
-HIPP - High Heat Procedures
Industrial Lifts
(Forklifts)
Injury and Illness Prevention
Program
Lockout / Blockout Program
-LO/BO - General Training
-LO/BO - Driver Training
-LO/BO - Packer Cleaning
Procedure
Packer System Cleaning &
Maintenance Policy
Machinery & Equipment Safety
Policy
Compaction Equipment
Personal Protective Equipment
Respiratory Protection
Awareness
Vehicle Fuels & Fuel Safety
Automated Collection Activities
Commercial Collection
Activities
Safe Commercial Bin
Handling Procedures
Manual Collection Activities
Using a Front End Loader
Manual Collection Activities
Using a Side or Rear Loader
Roll Off Collection Activities
Roll Off & Auto Tarp Equipment
– Overhead & Side
Clearance
Roll Off Box Specifications
Bin / Scout Truck Activities
Hook & Chain Hold Down
Procedures
Manual Container Activities
Using A Flat Bed Truck
Manual Bulky Item Collection
Activities
Manual E-Waste Collection
Activities Using a Flat Bed
Truck
5004
Each vehicle is equipped with a two-way radi o, general safety kit, broom, shovel, spill 5005 prevention kit, and fire extinguisher. The Santa Clar ita on site dispatch department serves as 5006 the center for all driver-route superviso r-customer service communications. This 5007 communication system enables the field operations staff to promptly address safety issues and 5008 FINAL AGREEMENT Page 148 of 183
service encounters such as locked gates, equipm ent malfunctions, or late set-outs. It also 5009 effectively advises drivers w hen customers are ready for collection after mitigating a non-5010 collection issue. 5011
5012
Additional employee trainings include: 5013
5014
Drug & Alcohol Testing Policy
Employee Handbook Acknowledgement
Cell Phone Policy
Employee Privacy &
Confidentiality Policy
Dress Code Policy
Unlawful Harassment & Discrimination Policy
Attendance Policy
Smoking Policy
Meal Rest Period Policy
Paid Sick Leave Policy
Employee Rights under FMLA
DMV Pull Notice
Acknowledgment
DFEH California Family Rights Act
Overweight Policy
DFEH Pregnancy Leave
5015
Burrtec continually works to update its safety program. Following are highlights of the 5016 programs, training, and recently improved systems. 5017 5018
1) Proprietary Backing Accident Prevention Program 5019 5020
The Backing Prevention Program was develop ed to help field trainers and supervisors 5021 teach and prevent backing accidents from occurring. This training was given to all 5022 management and drivers that operate com pany on-road equipment and included written 5023 performance tests. Burrtec experienced an immediate reduction in backing accidents. 5024 Today, all new drivers are taught this techniqu e and must pass both tests before driving 5025 equipment on their own. 5026
5027
2) Supervisors Hands-On Prevention Training 5028
5029
Every quarter, the Burrtec management team receives regular safety training. Topics have 5030 included post-accident investigation techniqu es, interactive trainer training lessons, 5031 regulatory updates, and injury prevention subjects. New management team members also 5032 receive in-depth training in smaller class sizes. 5033 5034
3) Lytx Safety System 5035
5036
In late 2019, Burrtec began the deployment of the Lytx Safety System throughout the entire 5037 fleet. With the help of cameras, g-force sensors, and real-time artificial intelligence 5038 software, management can instantly review safety-sensitive behavior and correct it. 5039 5040
Lytx safety systems help Burrt ec ensure that the fleet operates at maximum efficiency, 5041 security, and safety while keeping risks to a minimum and avoiding false claims made 5042 against drivers. Lytx safety systems work by using telematics and vehicle tracking systems 5043 like GPS to record vehicle information sent to advanced software programs that analyze 5044 the stream of data. These software programs offer reports on location, speed, idling time, 5045 mileage, and driver alerts to help Managers di scover trends and insights that point to 5046 opportunities for driver efficiency improvements. 5047 5048
The term "telematics" is a combination of two areas of technology; telecommunications and 5049 informatics. Burrtec’s system is desi gned to send data over high-speed cellular 5050 connections. The data contains vehicle loca tion, direction, speed, driver alerts, and 5051 recorded video. 5052
5053
The Lytx safety system has many components with specific best practice uses, such as: 5054 FINAL AGREEMENT Page 149 of 183
5055
Fleet tracking – Identify vehicle locations in real-time for safety-related issues that 5056 may arise 5057
Safety protocol – Safety Managers and route supervisors will regularly review safety 5058 procedures with drivers and operators 5059
Real-time driver alerts – The Lytx safety system will prompt drivers each time they 5060 engage in risky behaviors and encourage them to improve their performance 5061 without managerial intervention. 5062
Ongoing coaching – Safety Managers will use fleet dash cams to evaluate incidents 5063 and use the video as a coaching tool to connect with drivers 5064 Incident avoidance – Share video footage with incident claimants and local law 5065 enforcement to validate that Burrtec drivers did not cause alleged damage 5066 5067
4) Load Fire Procedures 5068
5069
Unfortunately, fires in trash trucks are a common occurrence that 5070 put lives, equipment, and community property at risk. In 2019, 5071 Burrtec augmented its load fire procedures and submitted 5072 them to the San Bernardino County Fire Chief for review and 5073 approval. Today, Burrtec’s Load Fire procedure has been 5074 adopted by the San Bernardino County Fire Department as 5075 a recommended “Best Practice in the County." 5076
5077
Burrtec’s safety records and its programs for Fall Protection, 5078 Lockout/Tagout, Heat Illness, Hearing, and Respiratory Protection have been reviewed by 5079 Cal/OSHA and found to comply. 5080
5081
b. Physical, Drug, and Alcohol Testing Requirements 5082 5083
Burrtec's Human Resources Director manages pre-employment physicals, pre-employment 5084 drug testing, and random drug testing. We us e local clinics in Santa Clarita, including 5085 Concentra on Soledad. 5086
5087
Burrtec complies with the U.S. Department of Transportation and Federal Motor Carrier Safety 5088 Administration (FMCSA) requirements to test under specific criteria, including the following: 5089 5090
An accident 5091
Perform reasonable suspicion testing as required 5092 Participate in a random testing program for drugs and alcohol with DOT and non-DOT 5093 personnel who drive company vehicles or are in safety-sensitive positions 5094 5095
c. Hazardous Waste Management Protocols 5096
5097
Inadvertently collected hazardous materials are a persistent problem facing the waste industry. 5098 If hazardous waste is found, the customer is notified using a non-collection notice as an 5099 education process for the customer and a safety measure for both driver and the City of Santa 5100 Clarita. Drivers are trained in identifying, and notification procedures to avoid the unintended 5101 collection of hazardous materials including unp ermitted waste and e-waste. Vehicle cameras 5102 are used to assist drivers to spot hazardous materials while tipping carts whenever possible. 5103 5104
Burrtec Waste Industries’ Drivers, Route Supervisors, and Re cycling Coordinators conduct 5105 routine and periodic waste audits and inspect containers before they are serviced. 5106 5107
Burrtec has successfully implemented the fo llowing system to address the disposal of 5108 unpermitted materials: 5109
FINAL AGREEMENT Page 150 of 183
5110
Driver training on identifying hazardous materials 5111 Continual education to the customers regar ding the dangers of improperly disposing of 5112 hazardous materials 5113
Non-collection notices to be attached to a customer’s container indicating that 5114 hazardous materials have been identified in the container 5115 Informing residential customers of local household hazardous waste collection events 5116 and the City’s or County’s Hazar dous Waste website and phone number. 5117 www.greensantaclarita.com or 661-259-CITY 5118
Labels notifying customers of the prohibition of discarding unpermitted waste in the solid 5119 waste, recyclables, or organic waste containers 5120
5121
In the event hazardous materials are found in the waste stream, Burrtec has established the 5122 following procedures: 5123
5124
Once the driver identifies a suspected hazardous waste 5125 situation, the local route supervi sor is contacted to isolate the 5126 material or load 5127
The material will be manifest ed and transport ed for proper 5128 disposal by a licensed hazardou s waste hauler contracted by 5129 Burrtec. Removal of hazardous material will be in accordance 5130 with all local, state, and federal laws and regulations, including 5131 DOT Title 49 CFR and the United States EPA Title 40 CFR 5132 The local Department of Environmental Health and Director of 5133 Public Works is contacted, and steps are taken to properly clean–up and dispose of the 5134 material. 5135
Investigative efforts are made to establ ish the source of the material and the 5136 generator(s) involved. When sources are ident ified, the customer is contacted as 5137 appropriate 5138
Appropriately label containers containing unpermitted waste 5139 5140
Burrtec staff will notify the City if unpermitted waste is identified or suspected to be located on 5141 public property. 5142
5143
d. Health and Safety Management Procedures 5144
5145
Every California employer must establish, implement and maintain a written Injury and Illness 5146 Prevention (IIP) Program. The program must be available at the Santa Clarita Division, each 5147 workplace, or central location if the employer has non-fixed worksites. The requirements for 5148 establishing, implementing, and maintaining an effective written injury and illness prevention 5149 program are in Title 8 of the California Code of Regulations, Section 3203 (T8 CCR 3203). 5150 5151
Burrtec has implemented a comprehensive Injury and Illness Prevention Program (IIPP). The 5152 program is designed to "PREVENT" workplace accidents, injuries and illnesses. Burrtec's Injury 5153 and Illness Prevention Program is complete with communication protocols, training 5154 requirements, and personal protective equipment standards. Burrtec promotes the safest and 5155 healthiest working environment possible for all employees. 5156 5157
1) Communication 5158
5159
Communication is critical to ensuring a safe environment for our employees, the 5160 communities, and customers. Burrtec rec ognizes that open, two-way communication 5161 between management and staff on health and safety issues, service concerns, and 5162 customer feedback is essential to an injury -free, productive work place. The following 5163 communication system is designed to facilitat e a continuous flow of safety and health 5164
FINAL AGREEMENT Page 151 of 183
information between management and staff in a manner that is readily understandable and 5165 consists of the following items: 5166
5167
New hire orientation including a discussion of safety and health policies and 5168 procedures 5169
Annual review of our Injury and Illness Prevention Program 5170 Workplace safety and health training programs 5171
• Driver Training Manual 5172
• Code of Safe Work Practices 5173
• Heat Illness Prevention Plan 5174
Regularly scheduled and as required safety meetings 5175 • Specific training as required or when new hazards are identified 5176 • Weekly tailgate meetings 5177
• Monthly safety meetings 5178
Effective communication of safety and health concerns between workers and 5179 supervisors, including translation 5180
• Safety quizzes when applicable 5181
• Safety demonstrations when applicable 5182
Posted or distributed safety informat ion and the use of appropriate signage 5183 • Employee bulletin boards 5184
• Electronic message boards 5185
• Heat illness prevention cards 5186
• Lock Out/Tag Out information cards 5187
A system for workers to inform management about workplace hazards 5188 • Open communication during tailgates, meetings, and as needed with local 5189 management 5190
• Direct contact to the Human Resource s department outside of the chain of 5191 command 5192
• During periodic site visits by Human Resources representatives 5193 • Open door policy at all levels of management, including local, regional, and 5194 executive 5195
• Safety suggestion box maintained at the facility 5196 • Anonymous reporting system 5197
Program administrators and management team members meet quarterly, review 5198 investigations of accidents and exposure s, consider employee suggestions, and 5199 make suggestions to executive management to prevent future incidents. 5200 • Company Safety Accident Frequency Review program 5201 5202
Management ensures that all employees communicate and understand all safety and 5203 operational policies and procedures. Managers and supervisors are expected to enforce 5204 the company policies fairly and uniformly. Burrtec ensures that effective communication by 5205 voice, observation, or electronic means is maintained so employees can contact a 5206 supervisor when necessary. Other comm unication systems have been implemented to 5207 ensure drivers can inform management about workplace hazards or concerns. 5208 5209
2) Training 5210
5211
Burrtec is firmly committed to maintaining a safe and healthy work environment. To achieve 5212 this goal, all newly hired employees have specific, required training that must be 5213 completed. Training is verified and approved after each training phase and before the 5214 employee is released to perform assigned jo b duties. Working with the Safety Team, 5215 Division Managers have sole responsibility to ensure training is completed and there is 5216 zero-tolerance for employees assigned work without the required training. 5217 5218
FINAL AGREEMENT Page 152 of 183
Burrtec intends to reduce the risk of accide nt and injury to anyone by providing practical 5219 employee training. It is the employee's responsibility to utilize this training and perform their 5220 job safely. The employee clearly understands that safety ALWAYS comes first and 5221 EMPLOYEES are the most valuable asset at Burrtec. Therefore, there is NEVER a good 5222 reason to take a shortcut, compromise safety, or not follow safe work practices. 5223 5224
Phase I Training - Classroom 5225
5226
Initial new hire training for all staff members centers on orientation, health & safety, 5227 and familiarization with the company and its values. Set in the classroom 5228 environment, the initial training phase allows the supervisor, human resources 5229 representative, and senior management to focus on each newly hired employee 5230 individually. Each initiative is structured to promote two-way communication and 5231 includes safety topic quizzes to ensure objectives are understood. 5232 5233
Phase II Training – Practical Application 5234
5235
Drivers undergo additional training in th e field and partner with seasoned drivers 5236 or driver trainers before being released to duty. Driver-specific training establishes 5237 weekly initiatives requiring verification, review, and certification confirming that 5238 objectives and performance standards are consistent with company expectations. 5239 The employee must successfully demonstrate each learning objective and perform 5240 the skills test. Practical application reviews are also performed during 5241 unannounced route observations. 5242
5243
Minimum 50 Hour Safety Training Certification 5244
5245
Read and Understands Concepts in the Handbook 5246
Can Explain Criteria for CDL Disqualification 5247
Can Explain Company Cell Phone Policy 5248
Can Explain the Proper Use of PPE 5249
Can Explain What To Do in an Emerge ncy, Fire, Spill, or Hazardous Waste 5250 Observation 5251
Can Explain What To Do if There is an Accident or Injury 5252 Can Explain the Use of Vehicle Safe ty Equipment (Lytx Safety System, 5253 Backup Alarm, Fire Extinguisher, Spill Kit, Seat Belt) 5254 5255
Minimum 100 Hour Safety Training Certification 5256
5257
Demonstrates the Proper Use and Operation of Truck Controls 5258 Demonstrates the Proper Use and Operation of Hydraulic Controls 5259 Demonstrates How to Conduct a Proper Pre / Post Trip 5260 Demonstrates How to Complete a Proper Air Brake Test 5261 Demonstrates Proper Cab Cleaning and Window Washing Requirements 5262 5263
Minimum 150 Hour Safety Training Certification 5264
5265
Demonstrates How to Drive Defensively 5266
Demonstrates Safe Backing Procedures 5267
Demonstrates How to Lock Out the Vehicle Properly 5268 Demonstrates How to Clean the Packer per Procedure Properly 5269 Demonstrates How to Service Containers Safely 5270
Demonstrates Safe Disposal Site Practices 5271
Demonstrates How to Fuel the Vehicle Safely 5272
Successfully pass the Safe Work Practices skills test. 5273 5274
FINAL AGREEMENT Page 153 of 183
Phase III Training – Release to Regular Duty 5275
5276
During the first 60 days of full duty, the new employee will receive additional 5277 training and follow-up verifying proficie ncy in safety policies and practices. 5278 Additional training includes but is not limited to the following: 5279 5280
Attend a minimum of two safety meetings 5281
Attend a minimum of two tailgate meetings 5282
Successfully Completing One Pre Trip Driver Route Observation 5283 Successfully Completing One On Route Driver Route Observation 5284 Successfully Completing One In -Cab Driver Route Observation 5285 Successfully Completing One Dispos al Site Driver Route Observation 5286 including Packer Cleaning Procedures 5287
Successfully Completing One Post Trip Driver Route Observation 5288 5289
Burrtec drivers are assigned routes fo r the long-term, and they quickly become 5290 familiar with their service areas. Burrtec often works with local agencies as a 5291 ‘Neighborhood Watch on Wheels.' Burrtec drivers become another set of eyes on 5292 the lookout for suspicious activity in this program. Over the years, Burrtec drivers 5293 have initiated several suspicious activity reports to local law enforcement agencies 5294 and provided vehicle camera footage to aid investigations. 5295 5296
3) Personal Protective Equipment 5297
5298
Burrtec's supplies, uniforms, driver identific ation, and safety devices are all standard-5299 issued equipment. Drivers are provided brooms, shovels, and liners in addition to Personal 5300 Protective Equipment (PPE). 5301
5302
The purpose of the Personal Protective Equipment 5303
(PPE) is to minimize inju ry to Burrtec employees 5304
through the proper use and care of personal protective 5305 equipment while servicing each customer. Employees 5306 receive the correct PPE for t heir assigned job, in the 5307 right size or style, and understand its care and use. 5308 Periodic job observations identify changing needs for 5309 the use of PPE. Changes t hat may affect the need or 5310 use of PPE may include ch anges in the process, 5311
equipment, personnel, surrounding environment, and 5312 how tasks are performed. When such changes are 5313
identified, Division Manage ment, in cooperation with 5314 the Safety Department, further assesses the need for 5315 additional or updated PPE. 5316
5317
Burrtec takes great pride in the safety and appearance 5318 of its employees. The driver's appearance is the first 5319 personal contact with customers, leaving a lasting 5320 impression. Therefore, th e driver's appearance and 5321 presentation are critical in maintaining good customer 5322 relations. Burrtec provides standardized uniforms to all 5323 operations employees, incl uding route supervisors, 5324 drivers, mechanics, and yard personnel, to assist in this 5325 effort. Burrtec contracts with a professional uniform supply company to provide all 5326 operations personnel with clean uniforms ever y week. Dark gray pants and a light gray 5327 shirt with high visibility safety striping charac terize uniforms. Each shirt is embroidered to 5328 include the company name and employee name. Uniforms are laundered weekly and 5329 repaired or replaced as necessary to maintain a professional appearance. 5330
FINAL AGREEMENT Page 154 of 183
5331
Each Division clearly defines all areas and tasks for which PPE is required. The type of 5332 PPE required is documented for each area and task associated with PPE use. PPE must 5333 be inspected prior to and as appropriate during each use for defects such as holes, tears, 5334 scratches, signs of material deterioration, cracks, poor closure, or any other sign of 5335 degradation which may affect PPE performance. PPE with defects is immediately removed 5336 from service, replaced, or repaired. Best Management Practices for each type of PPE 5337 utilized by employees is assessed and established by the Safety department. The following 5338 requirements apply to the various types of PPE listed below. 5339 5340
Hard hats are required when employees are outside of the vehicle at all transfer stations, 5341 disposal sites, and processing facilitie s, as well as construction sites. 5342 Hard hats are worn in areas where falling overhead objects, material, 5343 or electrical installations could present a hazard to employees' heads. 5344 Bump caps are not authorized substitutes for hard hats. 5345 5346
Protection against impact, particles, chemical splash, molten materials, 5347 or flash is provided to employees for face, neck, and eye safeguards. 5348 Contact lenses and regular prescription glasses are not considered 5349 protective, and appropriate eye protection must be worn as required. 5350 Eye protection is worn when employ ees are outside the vehicle at all 5351 transfer stations, disposal sites, processing facilities, and entering any 5352 area designated for Eye Protection. 5353
5354
Hand protection must be worn when servicing containers or outside 5355 of the vehicle at all transfer statio ns, disposal sites, or processing 5356 facilities. A variety of gloves are available to protect the employee’s 5357 hands from abrasion, temperature extremes, chemical hazards, 5358 physical hazards, particulates, electrical hazards, radiation, or 5359 bloodborne pathogens where necessary. Gloves are correctly 5360 examined prior to each use for their ability to protect the employee 5361 against a particular hazard. 5362
5363
Each uniform contains the company and employee name for 5364 identification. High visibility (reflective) clothing is provided to 5365 employees exposed to public or private vehicular traffic or heavy 5366 equipment. The high visibility clothing is intended to provide 5367 conspicuity of the wearer in any light condition when viewed by 5368 operators of vehicles or other mechanized equipment during 5369 daylight conditions and under illumination of headlights in the dark. 5370 When the company-issued high visibility uniform shirt is covered by 5371 a non-high visibility garment (i.e., a sweatshirt or jacket), a high 5372 visibility vest is required as the outer-most garment. High visibility 5373 clothing must be worn outside t he vehicle at transfer stations, 5374 disposal sites, or processing facilities. Reflective vests are provided to Santa Clarita drivers 5375 as temperatures can vary 30 to 40 degrees in a single day. The reflective vests issued fit 5376 over employee jackets to ensure visibility. 5377
FINAL AGREEMENT Page 155 of 183
5378
Foot protection with closed toes is worn in areas where objects could 5379 present a chemical or physical hazard to the foot. Any employee who 5380 spends time in areas (more than a "casual" walk-through) that require 5381 foot protection must wear safety shoes. Drivers and helpers must wear 5382 foot protection/safety shoes that have puncture-resistant soles and 5383 sturdy support for ankles. Main tenance staff must wear foot 5384 protection/safety shoes that meet the ANSI 75 Standards as approved 5385 by Cal OSHA. Foot protection must have oil-resistant soles and steel 5386 toe/tech toe. Foot protection must be worn outside the vehicle at 5387 transfer stations, disposal sites, or processing facilities. 5388 5389
During normal operations, drivers ar e most often exposed to noise 5390 levels below safety thresholds. Maintenance department noise 5391 exposure is considered intermittent and impulsive, which, in most 5392 cases, can be predetermined, allowing employees to take 5393 precautions prior to engaging in the action (e.g., when a shop 5394 employee engages a compressor, earplugs can be used prior to 5395 engagement). Earplugs are available and used during intermittent 5396 and impulsive noise exposures. 5397
5398
During the Santa Clarita summer it can be over 100 degrees for several 5399 consecutive days. Water is a crucia l preventative measure to minimize 5400 the risk of heat-related illness. All employees working outdoors have 5401 access to potable drinking water. S uppose the supply of water to the 5402 Jobsite is not plumbed or otherwise co ntinuously supplied. In that case, 5403 water is provided in sufficient quantity at the beginning of the work shift 5404 to ensure at least one quart per employee per hour for drinking 5405 throughout an entire shift. Santa Clar ita dispatchers communicate with 5406 drivers every 2 hours to avoid heat related emergencies. 5407 5408
PPE and PPE storage bags are prov ided to each employee to 5409 ensure that PPE is stored and protec ted from factors that might 5410 degrade its performance. These factors include sunlight, heat, 5411 extreme cold, excessive moisture, chemicals, dust, and physical 5412 distortion. It is the employee's responsibility to maintain and store 5413 their PPE correctly. Replacem ents are provided if the PPE 5414 becomes damaged or has reached its useful life. Each PPE bag 5415 has information tags with high heat, lock out/tag out, and brake 5416 inspections reminder checklists. 5417
5418
6. Reporting 5419
5420
a. Detailed monitoring and reporting 5421
5422
Burrtec will collaborate with the City to main tain records and distribut e reports required to 5423 demonstrate City and State compliance directives. Burrtec will assist the City of Santa Clarita 5424 in documenting SB 1383 and other related legislative requirements using the Recyclist 5425 platform. Burrtec's mobile Recyclist platform and database allow users to track qualified 5426 customers, edible food generators (as applicabl e), food recovery organizations and services, 5427 material processing waste characterizations, educational and outreach activities conducted, 5428 route audit results compiled, complaints inve stigated, and recycled or ganic material products 5429 procured. Burrtec's platform will enable the City of Santa Clarita to export information from the 5430 database into the State’s Electronic Annual Report (EAR) format, which now includes SB 1383 5431 compliance. Designated City staff will have “real-time” access to monitor activities and 5432
FINAL AGREEMENT Page 156 of 183
compliance as they occur. Reports will be tran smitted to the City designee electronically as 5433 required. 5434
5435
b. Method Used to Track Tonnage 5436
5437
To supplement SB 1383 compliance monitoring and reporting requirements, Burrtec's Disposal 5438 Reporting System identifies, records, and tracks valuable solid waste, recyclables, and organic 5439 materials collection and disposal information. Th is Disposal Reporting System allows Burrtec 5440 to provide the jurisdictions with accurate and up-to-date information required to meet all AB 5441 939, AB 341, AB 1594, AB 1826, SB 1383 and landfill-related reporting requirements. 5442 Information submitted to the City is formatt ed and categorized to reflect the State's Source 5443 Reduction and Recycling Element guidelines and in dicates the City's percentage of diverted 5444 materials. 5445
5446
5447
5448
c. Process for Reporting Complaints 5449
5450
Customer service repr esentatives document complaint calls in the Customer Record 5451 Management System. Management team members review daily complaint logs ensuring 5452 appropriate resolution and follow-up. Burrtec will co ordinate with the City to investigate any 5453 applicable complaints required by SB 1383 regulations. Burrtec's local management team 5454 maintains a computer database log of all applicable oral and written complaints received from 5455 customers or other persons. Complaint records will be provided to the City for periodic review 5456 as required. 5457
5458
7. Scavenging 5459
5460
Burrtec drivers are assigned routes for the long -term, and they quickly become familiar with their 5461 service areas. Burrtec often works with City staff and local agencies as a ‘Neighborhood Watch on 5462 Wheels.' Burrtec drivers become another set of ey es on the lookout for suspicious activity and 5463 scavenging in this program. Burrtec will make reasonable business efforts to discourage 5464 scavenging. Containers may be marked with language approved by the City and personnel will 5465 advise persons witnessed removing recyclable materials that their conduct is in violation of the City 5466 ordinance and can lead to penalties. Scavenging encounters will be documented and made 5467 available to the City upon request. 5468
5469
5470
5471
FINAL AGREEMENT Page 157 of 183
Exhibit 9 5472
City-Approved Processing and Disposal Facilities 5473
The City has approved the following Disposal Facilit ies, Organic Waste Processing Facilities, Material 5474 Recycling Facilities, and Transfer Stations to manag e the specified services and otherwise assist the 5475 Contractor in the performance of the requirements of the Agreement. The Maximum Services Rates in 5476 Exhibit 1 assume all material is delivered to the approved facility. Any City-directed changes to any other 5477 non-approved facility will be considered a City-direct ed change in accordance with Section 30.01. The 5478 capabilities and capacities of such facilities may cha nge during the term of this Agreement; as such City 5479 reserves the right to redirect materials to alternate facilities in accordance with any such changes. 5480 Disposal Facility 5481
Approved City Facilities
SWIS
Number Site Name Count y
Enforcement Agency
(LEA/EA)
19-AA-0052 Chiquita Can yon Sanitary Landfill Los An geles Los An geles County 5482
Transfer and Processing Facilities 5483
Approved City Facilities
SWIS
Number Site Name Count y
Enforcement Agency
(LEA/EA)
19-AA-1095 Rent-a-Bin (Inert Type A Operation) Los An geles Los An geles County 19-AA-1096 Rent-a- Bin (Chip and Grind Operation) Los An geles Los An geles County 19-AA-1097 Rent-a-Bin (Small Vol. CDI Operation) Los An geles Los An geles County 19-AR-0011 Rent- A-Bin Los An geles Los An geles
Note: In the event that a fully permitted organics processing facility is dev eloped at 20745 Santa Clara 5484 Street, consistent with the existing agreement bet ween the City of Santa Clarita and RANDFAM INC. 5485 (d.b.a., Rent-a-Bin), the City reserves the right to di rect the flow of organic material to this location for 5486 processing in compliance with the requirements of SB 1383. 5487 5488
FINAL AGREEMENT Page 158 of 183
Exhibit 10 5489
Sustainability and Compliance Plan 5490
1. The Burrtec Approach to Pr ograms and Facility Requirements 5491 5492
Burrtec’s approach to diversion programs and fac ility development is the right fit for the City of 5493 Santa Clarita, based on knowledge and familiarity with the City’s waste stream, and guided by four 5494 principles: 5495
5496
Employ Best Management Practices 5497
Conform to State guidelines and directions 5498
Think local 5499
Partner with regulatory agencies 5500
5501
a) Best Management Practices 5502
5503
Burrtec’s approach to collecting solid waste materials, processing recyclable materials and 5504 organic materials, and disposing of non-recyclabl e solid waste follow the industry’s proven 5505 Best Management Practices, meaning the practices that nationwide are determined to be the 5506 most effective and the most practical from technological, economic, environmental, and 5507 sociological viewpoints. 5508
5509
From the alternatives available (multi-stream recycling, single-stream recycling, and mixed-5510 waste processing), Burrtec has invested in the Single Stream processing approach for the 5511 following reasons: 5512
5513
The single-stream approach is the indu stry’s and CalRecycle’s Best Management 5514 Practice 5515
Waste generators are engaged in helping reach the goal because they make decisions 5516 daily about what to recycle and what to dispose of 5517 Waste generators do not need to make the secondary sorting decisions and store the 5518 multiple containers needed for individual commo dities that the multi-stream recycling 5519 approach requires 5520
Collection of single-stream materials is more efficient and economical than with the 5521 multi-stream approach 5522
The feedstock quality for materials recover ed at the source is far superior to that 5523 recovered from mixed-waste processing 5524
5525
b) State Guidelines 5526
5527
Burrtec’s approach is fully compatible with statewide 75 percent diversion goals, which focus 5528 on four components: edible food recovery, sour ce reduction, recycling, and organic waste 5529 material processing. Disposal–related activities like alternative daily cover, transformation, 5530 waste tire-derived fuel, and beneficial reuse at landfill disposal sites do not count toward the 5531 statewide recycling goal. 5532
5533
c) Think Local 5534
5535
Transporting recyclable and organic materi als long distances for processing tips the 5536 greenhouse gas scale in the unfavorable direction when the GHGs of long-haul transportation 5537 are included in the formula. For this reason, Bu rrtec has focused its efforts on facilities such 5538 as Rent-a-Bin located in and near the Santa Clarita Valley communities that it serves. 5539 5540
FINAL AGREEMENT Page 159 of 183
d) Partnership; Standards De velopment and Education 5541 5542
Burrtec contributes to defining Best Managem ent Practices for Southern California by being 5543 actively involved with State and Regional government. 5544 5545
CalRecycle, San Bernardino and Riverside Counties’ Local Enforcement Agencies and 5546 local jurisdictions regularly use Burrtec’s West Valley Material Recovery Facility for 5547 training workshops and public education purposes 5548
Burrtec has hosted an SCAQMD study of air emissions at its West Valley MRF 5549 composting facility for the purpose of developing compost facility air quality standards 5550 CalRecycle features Burrtec’s SB 1383 Municipal Program Overview as an educational 5551 tool on their SB 1383 Short-Lived Climate Pollutant website. 5552 https://www.calrecycle.ca.gov/Organics/SLCP/education 5553 5554
Burrtec senior management are actively engaged with Local Enforcement Agencies and 5555 CalRecycle in the development of regulatory standards for siting, permitting, and operating 5556 organics processing facilities. 5557
5558
2. Meeting Diversion Requirements 5559
5560
The planned three container residential and three- plus container commer cial source-separated 5561 diversion programs will be new to some residents and businesses of Santa Clarita. Consequently, 5562 it will take them some time to develop new habits. The SB 1383 added requirement for residential, 5563 mixed organic waste recycling places responsi bilities upon jurisdic tions to enforce compliance. 5564 Local enforcement of the adopted ordinances will be critical to the success of diversion programs. 5565 Burrtec will begin outreach and waste assessments with commercial and residential customers well 5566 before the Franchise Agreement start date. Per the draft Franchise Agreement for solid waste 5567 collected in the City of Santa Clarita, Burrtec proposes achiev ing the recycling requirements 5568 outlined in the Agreement. However, Burrtec proposes an alternative diversion calculation 5569 methodology that assures consistency with current and future CalRecycle requirements as further 5570 explained in the exceptions section. 5571
5572
For Agreement Years 2023 and 2024, the minimum annual Franchised Diversion Rate requirement 5573 will be forty percent (40%), and CalRecycle Diversion standards will be fifty-five percent (55%). 5574 5575
For Agreement Years 2025 and 2026, the minimum annual Franchised Diversion Rate requirement 5576 will be forty-five percent (45%), and CalRecycle Diversion standards will be sixty percent (60%). 5577 5578
For Agreement Years 2027 and 2028, the minimum annual Franchised Diversion rate requirement 5579 will be fifty percent (50%), and CalRecycle Diversion standards will be sixty-five percent (65%). 5580 5581
FINAL AGREEMENT Page 160 of 183
For Agreement Years 2029 and 2030 and each Calendar Year thereafter, during the Agreement 5582 term, the minimum annual Franchised Diversion rate will be fifty-five percent (55%), and 5583 CalRecycle Diversion standards will be seventy percent (70%). 5584 5585
For Agreement Years 2031 and each Calendar Year thereafter, during the Agreement term, the 5586 minimum annual Franchised Diversion rate will be sixty percent (60%), and CalRecycle Diversion 5587 standards will be seventy-five percent (75%). 5588
5589
Burrtec’s proposed Diversion Plan is contingent upon each of the following: 5590 5591
• During the entire term of the Agreement, the City shall employ good faith efforts in 5592 performing AB 341, AB 1826, and SB 1383 compliance enforcement 5593 • Burrtec shall be allowed to count Self-Haul and Third-Party tonnage diverted as part of the 5594 Franchised Diversion Rate Calculation for tons of material handled in a manner that counts 5595 as diversion from all accounts receiving refu se collection service from Burrtec as outlined 5596 the Draft Agreement 5597
• Burrtec shall be allowed to count the City of Santa Clarita’s edible food tonnage diverted as 5598 part of the Franchised Diversion Rate Calculation for tons of material handled in a manner 5599 that counts as diversion from all accounts receiving refuse collection service from Burrtec 5600 5601
3. Diversion Programs 5602
5603
Burrtec has always been at the forefront of material processing and landfill diversion efforts. We 5604 take pride in our environmental stewardship and in partnering with our customers and 5605 communities to achieve sustainability goals. 5606
5607
Diversion Programs Single
Family
Multi-
Family Commercial City
Services
Legislative Compliance X X X X
SB 1383 Education, Outreach, and Training X X X X
Variable Size Container
Collection X X X X
Source Separated Recyclables X X X X
Special Event Collection Services X X X X
Source Separated Organics X X X X
Service Level Selection X X X X
Bulky Item Collection X X X X
Container Contamination Minimization X X X X
Holiday Tree Collection X X X X
Debris Box Collection X X X X
Construction & Demolition Processing X X X X
Compost Delivery and Give Away X X X X
Onsite Waste Consultation X X X
Source Separated Green Waste X X X
Source Separated Food Waste X X X
Manure X X X
Edible Food Recovery Assistance X X
Sharps Program X X
Clean-Up Days X X
Paper Shred-Events X X
Home Composting Units X X
Textile, Carpet, & Mattress Events X X
City Sponsored Events X
Litter Abatement X
Code Enforcement Clean-Up X
FINAL AGREEMENT Page 161 of 183
Diversion Programs Single
Family
Multi-
Family Commercial City
Services
Illegal Dumping Clean-Up X
City Park Service X
Additional Programs as Required X X X X
5608
4. Diversion Facilities 5609
5610
a. Rent-a-Bin (Conservation Station) 5611
20745 Santa Clara Street, Santa Clarita, CA 91766 5612
Owner/Operator: Randfam, Inc. 5613
5614
Burrtec will eventually deliver blue cart recycling and green cart organics, per the City’s request, 5615 to Rent-a-Bin (tpd to be determined) processing facility. Until the permitting and construction 5616 has been completed, Burrtec will utilize Sun Valley Paper Stock. 5617 5618
b. Sun Valley Paper Stock 5619
8701 San Fernando Road, Sun Valley, CA 91352 5620
Owner/Operator: Sun Valley Paper Stock TS and MRF 5621 5622
5623
5624
Burrtec will deliver green container organic source-separated material to the 1250 tpd Sun 5625 Valley Paper Stock Large Volume Transfer Stat ion. SVPS will be used as a contingency for 5626 organic waste material transfer during construction and permitting at the Rent-a-Bin facility. 5627 5628
FINAL AGREEMENT Page 162 of 183
5. Program Schedule 5629
5630
With the approval of the City, Burrtec will do the following prior to the actual Franchise Agreement 5631 start date: 5632
5633
Inform and educate customers on the full range of all services offered, including container 5634 exchange and cleaning, annual events schedule, and container utilization protocols 5635 Advise customers on selecting container si zes to maximize diversion and the potential 5636 cost benefits of increased diversion 5637
Education requirements established in SB 1383 regulations not already completed by the 5638 City 5639
Provide customers with a comprehensive lis t of acceptable and non-acceptable items for 5640 each container 5641
Recyclable Materials include but are not limited to: 5642 5643
Aluminum cans
Aerosol cans
Aseptic containers
Brochures
Cardboard
Cereal boxes
Clothes hangers
Computer paper
Coupons
Envelopes
Frozen food boxes and trays
Glass bottles/jars
Glass cosmetic bottles
June mail
Laundr
y bottles
Magazines/catalogs
Newspaper
Paper
Paper tubes
Phone books
Pizza boxes
Plastic containers #1-#7
Plastic film
Plastic milk jugs
Plastic bags
Polystyrene (Styrofoam)
Tin cans
Tissue boxes
Wrapping paper
5644
Organic Materials include but are not limited to: 5645 5646
Fruits
Vegetables
Cooked meats
-Beef
-Pork
-Poultry
-Seafood
-Shellfish
Bones
Rice
Beans
Pasta
Bread
Cheese
E
ggs and Eggshells
Teabags
Coffee grounds
Plate Scrapings
Food Soiled Paper
Tree Trimmings
Prunings
Grass Cuttings
Dead Plants
Flowers
Leaves
Branches
Similar materials generated through landscaping
activities
Similar materials generated through construction
activities
5647
While program implementation, education, and outre ach efforts work simultaneously throughout 5648 the year, key tasks for the first year of service will be realized in the quarters below. 5649 5650
5651
5652
FINAL AGREEMENT Page 163 of 183
a. First Quarter 5653
5654
Begin meetings with key City staff m onthly to review, at a minimum, program 5655 performance, current and anticipated activities, specific outreach performed to promote 5656 high participation in diversion programs, the ability for customers to change service 5657 levels, awareness of additional services, approve methods to monitor contamination, and 5658 customer messaging on diversion programs 5659
Educate City staff and customers on relev ant legislative requirements and provide 5660 recommendations to City facilities on increa sing recycling participation and decreasing 5661 contamination 5662
Develop and distribute public education and outreach material for all customers 5663 Sustainability/compliance representative(s) begin site visits and provide public education 5664 and outreach to customers supporting diversion requirements 5665 5666
b. Second Quarter 5667
5668
Waste evaluations and r oute reviews for customers and at City facilities 5669 Educate City staff on proper container ut ilization techniques, source reduction, and 5670 prohibiting contamination 5671
Collaborate with education agencies on Earth Day activities, legislative requirements, 5672 container utilization techniques, and prohibiting contaminants 5673 5674
c. Third Quarter 5675
5676
Focus on right-sizing container services at businesses and multi-family facilities based 5677 on a compliance review and results from route reviews conducted 5678 Provide the City with Burrtec’s Sustaina bility and Compliance plan for the upcoming year 5679 detailing measures intended to increase par ticipation and diversion, target “problem” 5680 areas, and outline planned education and outreach activities 5681 Implement the school education and outreach pr ogram at the start of the fall semester. 5682 The program will include but is not limited to school resources, kid's activities, flyers, and 5683 onsite outreach. School programs are tailored to the appropriate education level and the 5684 audience receiving the information 5685
Annual reporting compilation and submittal 5686
5687
d. Fourth Quarter 5688
5689
Tier 2 customer identification, education, and outreach activities in preparation of edible 5690 food recovery expansion of generators set to begin in 2024 5691 Holiday messaging and collection activities 5692
Compliance monitoring plan for the upcoming year, including onsite training for service 5693 recipients 5694
Annual services notice informative brochu re development in preparation for annual 5695 distribution 5696
5697
Subsequent years will follow similar formats and will include implementing targeted program 5698 changes, education, and outreach efforts tailored to support diversion requirements based on the 5699 results found in the fieldwork completed. Pr ogram modifications and additional education and 5700 outreach activities will first be approved by the City prior to implementation and conform to SB 1383 5701 regulation requirements. 5702
5703
Understanding that a full complement of on-going education, outreach, and evaluation activities will 5704 be required to achieve the diversion goals outlined in the RFP. The diversion plan schedule below 5705 identifies key milestones completed annually that will support Burrtec’s efforts in attaining the City’s 5706 FINAL AGREEMENT Page 164 of 183
waste diversion goals. Significant attention to potential additional program development and 5707 outreach may be necessary to reach the Franchised Diversion Rate of 60% by 2031. 5708 5709
Sector Milestone 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Residential
&
Multi-Family
Education &
Outreach X X X X X X X X X X
Route Reviews X X X X X X X X X X
Container Size
Adjustments X X X X X X X X X X
Record
Keeping X X X X X X X X X X
Enforcement
Support X X X X X X X X X
Diversion
Programs X X X X X X X X X X
Commercial
(includes
mixed-use
service
recipients)
Education &
Outreach X X X X X X X X X X
Route Reviews X X X X X X X X X X
Container Size
Adjustments X X X X X X X X X X
Commercial
Business
Requirements
Education
X X X X X X X X X X
Edible Food
Recovery
Assistance &
Education
X X X X X X X X X X
Enforcement
Support X X X X X X X X X
Record
Keeping X X X X X X X X X X
Diversion
Programs X X X X X X X X X X
City
Services
Reporting X X X X X X X X X X
Procurement X X X X X X X X X X
Community
Meetings X X X X
School
Education &
Outreach
Programs
X X X X X X X X X X
Community
Event
Participation
X X X X X X X X X X
Complaint
Investigations X X X X X X X X X X
Additional
Services X X X X X X X X X X
Program
Evaluation &
Adjustment
X X X X X X X X X X
FINAL AGREEMENT Page 165 of 183
Sector Milestone 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Franchised
Diversion Rate
Goal
40% 40% 45% 45% 50% 50% 55% 55% 60% 60%
5710
6. Estimated Tonnages 5711
5712
The below table segregated by SFD, MFD, Commercial, and Additional Services estimates 5713 tonnages for Recyclable and Organic Material delivered and processed, and the estimated residual 5714 tonnages for each agreement year to calculate the Franchise Diversion Rate beginning July 1, 5715 2023: 5716
5717
Sector Material 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Residential
Recyclables 3,931 8,215 9,645 10,053 11,630 12,960 14,813 15,377 17,399 18,031 18,672 Organics 12,194 24,234 30,472 30,269 33,401 33,164 36,214 35,942 38,906 38,595 38,278 Residue 4,733 9,579 7,519 7,672 8,695 8,005 8,961 9,119 10,122 10,299 10,477 Multi Family
Recyclables 3,776 7,506 8,392 8,338 9,204 9,794 10,698 10,621 11,501 11,413 11,323 Organics 1,473 3,085 4,082 4,263 4,939 5,145 5,890 6,123 6,937 7,198 7,462 Residue 1,986 3,988 4,050 4,047 4,493 3,836 4,221 4,221 4,604 4,604 4,604 Commercial
(includes
mixed-use
service
recipients
)
Recyclables 3,758 7,445 8,295 8,212 9,032 9,575 10,418 10,301 11,107 10,974 10,839 Organics 2,884 5,957 7,780 8,024 9,191 9,469 10,727 11,041 12,392 12744 13,101 Residue 2,331 4,680 4,419 4,411 4,892 4,244 4,664 4,660 5,079 5,,074 5,069 Additional
Services
Recyclables 43 87 91 91 93 94 93 94 92 93 93
Organics 68 137 142 143 146 147 146 148 144 145 146
Residue 167 336 285 287 239 240 196 198 157 159 160
Diversion %
40.30 %
40.30 %
45.28 %
45.28 %
50.25 %
50.25 %
55.23 %
55.23 %
60.20 % 60.20% 60.20%
5718
7. Contamination Minimization 5719
5720
Contamination of recycling and organic containers negatively impacts the entire recycling system. 5721 The container contamination minimization progra m is a vital component directly influencing 5722 processing and residue disposal costs. Burrtec will include education pieces aimed at minimizing 5723 contamination in the outreach program. The results of the waste audits and ongoing compliance 5724 reports will be provided to the City and consist of the following elements: 5725 5726
a. Compliance Review 5727
5728
A desktop audit of generators with more than two (2) cubic yards of total solid waste per week 5729 will be scheduled and completed annually. The audit will determine the generator's 5730 participation status in organic waste recycl ing programs and allow focused education and 5731 outreach efforts toward entities not subscribed to appropriate service levels. 5732 5733
b. Contamination Monitoring Plan 5734
5735
Burrtec has developed a comprehensive plan to adhere to the requirements outlined in SB 5736 1383. This plan utilizes trained Burrtec professionals who are experienced with equipment in 5737 the field, auditing multiple jurisdictions, and familiar with our work order system and the 5738 processes required to resolve exceptions noted while working to accomplish the goals outlined 5739 in the Agreement. Burrtec w ill conduct onsite waste audits and provide written summary 5740 FINAL AGREEMENT Page 166 of 183
reports for all service recipients at least once per year for the first three (3) years of the term. 5741 Thereafter, onsite waste audits will be conduc ted on a minimum of fifty percent (50%) of 5742 commercial service recipients, with the primar y focus on those service recipients with the 5743 lowest program participation or diversion. 5744
5745
c. Route Reviews 5746
5747
Targeted route reviews will be conducted over mu ltiple weeks to support drivers' daily 5748 contamination monitoring activities with multip le personnel. This will allow our auditors to 5749 physically observe required commercial custom er's recycling and organic waste containers 5750 annually. Each auditor will undergo a series of tr aining activities in preparation for the route 5751 review. These training activities will include a review of containers utilized, familiarization with 5752 route maps and franchise boundaries, a review of acceptable and unacceptable materials for 5753 each type of container, and training on recording data in the field. Members of the management 5754 team will conduct practice audits, data processi ng, and contamination noticing for exceptions 5755 identified prior to auditors being deployed in t he field to ensure a successful, accurate, and 5756 timely route review. 5757
5758
d. Waste Evaluations 5759
5760
Mindful of the initial impact of residents wi tnessing auditors evaluat e their containers for 5761 prohibited contaminants curbside, Burrtec pr oposes initially utilizing waste evaluation 5762 processes authorized by SB 1383 for residential sectors. Each evaluation will undergo a series 5763 of sample collections based on the size of t he route studied. Contamination data discovered 5764 during the evaluation is documented and photographed. Contamination notices are sent to the 5765 entire route studied, identifying prohibited co ntainer contaminates discovered, reminding 5766 residents of proper container utilization techniques, and providing additional information on 5767 source reduction techniques. Drivers witnessing gross contamination or unpermitted waste will 5768 still follow contamination-notici ng protocols during th e waste evaluation pr ocess. Targeted 5769 route reviews follow for areas found to be over allowable contamination standards. 5770 5771
e. Contamination Noticing and Adequate Service Levels 5772 5773
Auditors and drivers will be equipped with technological aids to document observations in real-5774 time while on the route and minimize data transfer errors. Each auditor will follow route lists 5775 designed explicitly for this project, which will detail customer account information in such a way 5776 as to allow auditors to capture multiple material commodities in a single visit to the customer's 5777 location on a scheduled service day. The Recycling containers shall be considered 5778 contaminated if it contains more than 10% percent Non-Recycl able material by weight or 5779 volume. The Organic Waste containers shall be considered contaminated if it contains more 5780 than 3% percent N on-Organic Waste material by weight or volume. Initial contamination 5781 percentages were consistent with requirements outlined in SB 1383 for diversion of recyclables 5782 and incompatible materials respectively and subject to more stringent standards should route 5783 review results dictate. 5784
5785
Completed audited data is downloaded nightly and reviewed by the management team. An 5786 exception list for customers with inadequate service levels will be generated from the data. It 5787 will be provided to applicable personnel to process and coordinate follow-up onsite 5788 consultations. Container exception-based work orders for identified damage or graffiti will be 5789 created for the operations team to remedy timely or on a customer’s future service day based 5790 on the auditor’s findings. 5791
5792
Findings of container contami nants greater than the percenta ge of the container contents 5793 allowed will initially result in a "tag" or warning placed on the container, and the generator will 5794 be provided with educational materials detailing material placement expectations and 5795 FINAL AGREEMENT Page 167 of 183
directions outlining how to remedy the conditions found by the driver or auditor. A progressive 5796 list of warnings may be used as follows: 5797
5798
All Single Family, Multifamily, Mixed Use and Commercial Recipients 5799 5800
1st & 2nd Incident Within One Calendar Year - Upon finding container contaminants, the driver 5801 or auditor may photograph contamination. A wri tten notice will be provided to the customer, 5802 including properly separating materials left on the container. A se condary notice will be 5803 provided through direct contact, mailed, or elec tronically sent. Secondary notifications will 5804 indicate contamination fees assessed for the th ird and subsequent notifications, and that cart 5805 sizes and quantities may be adjus ted. Documentation of contamination occurrences will be 5806 digitally maintained. 5807
5808
3rd or Subsequent Incident Within One Calendar Year- Notifications will be considered 5809 Contamination Violation Notices and include di gital documentation. Burrtec will provide a 5810 written notice, including photographs, collect the contaminated container, and charge the 5811 customer a contamination fee. The City will be notified within five business days if container 5812 sizes are increased or the customer has a contamination surcharge imposed. 5813 5814
f. Route Reviews & Waste Evaluations 5815
5816
Burrtec will conduct annual route reviews of commercial businesses and waste evaluations for 5817 residential customers to verify commercial and residential generators' compliance with organic 5818 waste generator requirements outlined in the Contamination Monitoring Plan section. Burrtec 5819 will ideally follow the standard three and four container route review and waste evaluation audit 5820 process shown below; however, an overvi ew of SB 1383 requirements for each type of 5821 container system is located on the following page for reference. 5822 5823
5824
5825
FINAL AGREEMENT Page 168 of 183
5826
5827
g. Route Review Efficiency 5828
5829
Where possible and as approved by the City, Burrt ec will attempt to reduce cost impacts and 5830 minimize additional labor necessary to comply with contamination monitoring requirements. 5831 Operational activities will be customized to facilitate regulatory review requirements by 5832 capitalizing on existing programs and Burrtec's material recovery facilities. 5833 5834
8. Air Emission Reduction 5835
5836
Organic waste diversion offers many environm ental benefits. Burrtec facility's organic 5837 management program is designed to utilize the most effective technologies to reduce greenhouse 5838 gas emissions, generate renewable energy, and reduce the use of chemical fertilizers in agriculture. 5839 Burrtec has fully embraced SB 1383's intention to mitigate the effects of climate change by 5840 producing high-quality soil amendments for agriculture and farming as well as organic slurries used 5841 in anaerobic digesters. 5842
5843
The Burrtec West Valley Material Recovery Facility compost operation uses covered aerated static 5844 piles to aerobically decompose organics into us eable compost, significantly reducing odors, bio-5845 aerosols, and particulate matter emissions. The incoming feedstock of green and food material is 5846 received, contamination removed, and material ground in the receiving area. The mixture is piled 5847 into windrows and covered atop a controlled aer ated system. Temperature and oxygen probes 5848 monitor the decomposition process as air is blown through the composting pile and passes a bio-5849 filter. Once the retention time in the syst em has passed, and pathogen reduction requirements 5850 consistent with 14 CCR 17868.3 met, the material is moved to open curing piles for 30 to 60 days 5851 prior to shipment. 5852
5853
FINAL AGREEMENT Page 169 of 183
5854
5855
9. Reducing Wear and Tear on City Streets 5856
5857
Appropriately sized enclosures, containers, and service frequency as sist in maximizing collection 5858 efficiency, driver safety, and reducing wear and tear on City streets by limiting the number of times 5859 vehicles enter the premises each week. Coupled with the Lytx Safety System and GPS technology, 5860 the number of vehicles and routes required for service is signi ficantly reduced, eliminating 5861 unnecessary wear and tear on City streets. The routing optimization plan will also reduce wear 5862 and tear on the City’s streets by maximizing collection times during non-peak traffic. 5863 5864
10. Environmental Stewardship 5865
5866
Burrtec continues developing and implementing pr ograms at its facilities with positive 5867 environmental impacts. 5868
5869
a. Water and Power Conservation 5870
5871
• Vehicles operating under compressed natural gas (CNG) fuel systems are powered by 5872 renewable natural gas (RNG) produced at dairies and landfills. This process reduces the 5873 demand for natural resources and reuses organic waste to power the collection fleet 5874 • Burrtec has installed four (4) compressed natural gas and three (3) liquefied natural gas 5875 systems to fuel alternative-powered vehicles at hauling divisions. One such compressed 5876 natural gas fueling station is located in the City of Santa Clarita at Burrtec’s local hauling 5877 facility. Onsite fueling limits wear and tear on City streets, reduces driver hours, and 5878 minimizes lines at fueling stations for the public 5879 • Onsite time-fill RNG fuel stations allow a fleet to fill overnight during off-peak hours. Off-5880 peak hours are times when the energy grid has excess electrical generation. Time-fill 5881 increases the efficiency of refueling. In addition, time-fill stations ensure that compressors 5882 only start and stop one time per day, reducing maintenance and extending the life of the 5883 equipment 5884
• A percentage of Burrtec’s collected organic wa ste is converted to renewable natural gas 5885 by anaerobic digestion processes at the Los Angeles Sanitation District, San Bernardino 5886 BioDigester, and the City of Riverside Water Quality Control Plant. Burrtec intends to 5887 utilize renewable natural gas to fuel collection vehicles operating throughout Los Angeles 5888 and San Bernardino Counties 5889
• Burrtec’s network of organic waste proce ssing facilities recover wood and brushy green 5890 waste for use as a renewable biomass fuel. Th is material is used as a fuel source for 5891 energy generation. This “green” fuel is burned in boilers to make steam that in turn powers 5892 a turbine to generate electricity. Burrtec’s network supplies regional local manufacturing 5893 operations with this biomass fuel based on their operational needs 5894 • Wood chips from Burrtec’s organic waste processing operations are used to enhance 5895 water reduction and conservation. In addition, processed organic materials are also used 5896 for erosion control which assists stormw ater pollution prevention best management 5897 practices 5898
• Native drought tolerant plants and automated sprinkler systems are installed at Burrtec 5899 facilities 5900
FINAL AGREEMENT Page 170 of 183
• Facilities utilize energy-efficient lighting in offices, shop, and general work areas when 5901 possible 5902
• Lighting controls in parking lots and common areas are automated via a timer system and 5903 adjusted as needed 5904
• In order to conserve electricity, most offices have motion sensors to turn lights off when 5905 offices are unoccupied 5906
5907
b. Waste Reduction and Reuse 5908
5909
• Mattress recycling is not a BLUE container program but nonetheless is a vital diversion 5910 opportunity worthy of mention. Burrtec participates in Ca lifornia's mattress stewardship 5911 program in which the sale of each mattress includes a fee to support mattress recycling 5912 • Commonly referred to as Styrofoam, white expanded polystyrene foam (“EPS”) is used in 5913 clamshell-type food containers, coffee cups, and packaging material in the form of sheets, 5914 blocks, and 'peanuts'. These items may be identified by the #6 recycling symbol. Burrtec 5915 uses a densifier to consolidate polystyrene foam efficiently. In the process, the foam is 5916 crushed and shredded into small particles that are thermochemically heated and extruded 5917 into dense ingots 1/90th their original volu me. The palletized polystyrene ingots are 5918 shipped to businesses in California that remanufacture the foam into a variety of consumer 5919 goods ranging from picture frames to green building materials and nursery plant 5920 containers. 5921
• Waste to energy conversion technologies are ut ilized to further divert material from the 5922 landfill and to produce useful energy that is delivered to the regional power supply 5923 network. Residue materials from the recycl able materials processed are transported to 5924 fully permitted waste to energy facilities. The conversion /transformation credit ranges 5925 from 70% to 90% diversion with recent averages closer to 80%. Additionally, the ash from 5926 the incineration process is used to generate road base material for use in constructing 5927 landfill roads 5928
• Food waste recycling programs are in plac e in employee kitchen areas where regional 5929 organics processing outlets are available 5930
• Burrtec's management team members meet to review company sustainability programs, 5931 evaluate the performance of their employee's participation in programs, and develop new 5932 programs. 5933
• Facility commingled recycling pr ogram. All offices utilize a two-bin system for recyclable 5934 and non-recyclable materials. All recyclables are recovered and recycled 5935 • The Company provides reusable drinking cups 5936
• Replaced individual drinking water bottles with water dispensing systems 5937 5938
c. Procurement 5939
5940
• Procurement of waste and recycling office cont ainers, office supplies, promotional items, 5941 etc., is based partly on recycled content 5942
• Ink cartridges are returned to manufacture for recycling 5943 • All damaged automated carts are recycled, and all-new cart purchases have recycled 5944 content 5945
• Procurement of compost or mulch materials in sufficient quantities to assist the City in 5946 meeting SB 1383 requirements. Mulch delivery can be provided in lieu of compost if the 5947 City has an enforceable mechanism or ordinance in place per 14 CCR 18993.1(f) ensuring 5948 proper renewable organic recovery require ments are met. This program will further 5949 promote viable alternatives as best use optio ns for processed green waste and organic 5950 materials 5951
5952
d. Other 5953
5954
• Burrtec has developed a vehicle maintenance program that maximizes the efficiency of 5955 our fleet and minimizes our environmental impact. Using Amsoil synthetic lubricants and 5956 FINAL AGREEMENT Page 171 of 183
high-efficiency filtration products, we have re duced our fleet’s oil consumption by over 5957 60% and our lubricants by more than 50%. Benefits of Amsoil include 5958 Reduced emissions 5959
Increased fuel efficiency 5960
Longer lasting fleet 5961
Reduced dependence on foreign oil and petroleum-based products 5962 • Used oils, fluids, and filters from all vehi cles are collected and processed for reuse 5963 • Tire recycling program. Worn tires are inspected for DOT compliance and re-treaded, 5964 when possible, to reduce the use of virgin materials 5965 • E-waste and Battery recycling programs are in place at Burrtec facilities and offices 5966 • Metal scrap from maintenance shop truck body repairs is recycled 5967 5968
These practices will continue with implementing the exclusive franchise agreements awarded 5969 by the City of Santa Clarita. New and/or updated practice s will be incorporated into our 5970 operations as program alternatives become practical. 5971 5972
11. Use of Local Vendors 5973
5974
In addition to the City resources required to operate Burrtec’s Santa Clarita Hauling Division located 5975 at 26000 Springbrook Avenue #101, Burrtec utilizes the following local vendors: 5976 5977
Truck and equipment related vendors such as tr uck repair, electrical, plumbing, pest control, 5978 & vehicle washing 5979
Firms such as legal counsel, public relations, media advertising 5980 Landfill - Chiquita Canyon 5981
Recycling Processor - Rent-a-Bin 5982
Participation in the Santa Clarita Valley C hamber of Commerce, VIA and KHTS activities 5983 5984
Nearly 15% of the employees working in the Santa Clarita Hauling Division call the City of Santa 5985 Clarita home, including its division manager. Sant a Clarita residents' use of local vendors, in 5986 addition to the fifty-five (55+) employees currently working daily at the Santa Clarita Hauling 5987 division, for nearly two decades, make it difficult to quantify but an essential part of the City's local 5988 economy. 5989
5990
12. Innovative “Green Approach” 5991
5992
a. Electric Collection Vehicle Technology 5993
5994
Burrtec is pleased to offer an electric-powered collection vehicle for full-time operation in the 5995 City of Santa Clarita to demonstrate the next gene ration of cleaner collection vehicles. This 5996 enhancement comes at no additional cost to ratepayers or the City. 5997 5998
Burrtec has been closely following the development of electric-powered collection vehicles and 5999 has concluded that the technology is 'route-re ady' under the right circumstances. Electric-6000 powered trucks will provide cleaner, healthier air will be quieter in neighborhoods, and power 6001 requirements will be met partly from renewable resources (estimated at 30+% and increasing 6002 each year). 6003
6004
Burrtec has ordered six electric-powered collection vehicles from Autocar for delivery in 2022. 6005 The Autocar ACX chassis will be powered by BL UE Horizon 14Xe ePowertrain supplied by 6006 Meritor, Inc. from its North Carolina production facilities. 6007 FINAL AGREEMENT Page 172 of 183
6008
Burrtec will commit one of these new EVs full-6009
time to a Santa Clarita residential recycling route 6010 to demonstrate to the residents and businesses 6011
of Santa Clarita that the City and Burrtec are 6012
committed to enhancing our environment. 6013
Schematic Drawing of BLUE Horizon 14Xe 6014
ePowertrain by Meritor, Inc. 6015
b. Innovative Facilities 6016
6017
Burrtec takes great pride in knowing we have the resources to meet the individual needs of the 6018 customers and the communities we serve. Our expe rience and knowle dge will be used to 6019 successfully execute the contract requirements for the City of Santa Clarita. 6020 6021
The implementation of the state’s organic waste reduction regulations adopted under Senate 6022 Bill 1383 (Short Lived Climate Pollutants) is the next critical step to protect our communities 6023 and our environment from the impacts of climate change. In order to keep pace with California’s 6024 SB 1383 statewide goal of 75% reduct ion of organics disposed of in landfills, the jurisdictions 6025 serviced by Burrtec must divert an estimated 670, 000 new tons of organic material each year 6026 by 2025. Targeting methane redu ction in emissions in landf illed organics is an effective 6027 mechanism for combating climate change and moving toward a more sustainable future in each 6028 facility Burrtec owns and operates. 6029
6030
A brief description of our facilities, capab ilities, and innovatio ns to support SB 1383 6031 requirements are included below: 6032
6033
1) Organic Waste Facility Network 6034
6035
Composting is nature's way of recycling. Burrtec's four co mpost facilities receive yard 6036 waste and food waste that is broken down to become food for plants. Through composting, 6037 the amount of refuse sent to the landfill is reduced, the organic matter is reused rather than 6038 disposed of, and recycled into a valuable soil amendment. By composting, the generation 6039 of greenhouse gases, mainly methane, is signi ficantly reduced. In addition to emission 6040 reduction, compost replenishes and revitalizes exhausted farm soils by replacing trace 6041 minerals and organic material, reduces soil erosion, and helps prevent stormwater runoff. 6042 6043
Brief descriptions of each facility follow. 6044
6045
West Valley Material Recovery Facility 6046
Burrtec's premier facility, the West Valley Material Recovery Facility, is located in the San 6047 Bernardino West Valley Region of Fontana. The West Valley facility is a 7,500-ton per day 6048 large volume transfer and processing fac ility handling mixed recy clables, wood waste, 6049 organic waste (green waste and food waste), metals, and construction/demolition/inert 6050 materials (CalRecycle SWIS No. 36-AA-0341). 6051
6052
Victor Valley Material Recovery Facility 6053
Located at 17000 Abby Lane, Vict orville, Victor Valley MRF is a 985-ton per day large 6054 volume transfer/processing facility with an active 100- ton per day food waste composting 6055 facility and a planned permitted 150-ton per day medium volume 6056 construction/demolition/inert material processing facility (CalRecycle SWIS No. 36-AA-6057
FINAL AGREEMENT Page 173 of 183
0346). Burrtec operates this facility through a long-term agreement with the High Desert 6058 Joint Powers Authority. 6059
6060
Edom Hill Compost Facility 6061
Located in Cathedral City at t he Edom Hill Transfer Station site, the Edom Hill Compost 6062 Facility is a new 500-ton per day compost fa cility permitted processing source-separated 6063 food waste and mixed organic waste into compost (CalRecycle SWIS No. 33-AA-0376). 6064 6065
Coachella Valley Compost Facility 6066
Located in Coachella, Coachella Valley Compos t is a 985-ton per day composting facility 6067 processing wood waste, biosolids, manure, liquid waste, green materials, food wastes, and 6068 construction/demolition material (CalRecycle SWIS No. 33-AA-0292). 6069 6070
2) State of the Art Facilities 6071
6072
Agua Mansa Material Recovery Facility 6073
Located in Jurupa Valley, Agua Mansa is a 4, 000-ton per day large volume transfer and 6074 processing facility handling mix ed recyclables, wood waste, metals, inert material, green 6075 waste, construction & demolition waste and a mixed organics in-vessel composting facility 6076 (CalRecycle SWIS No. 33-AA-0248). In addition to the composting operations, the Agua 6077 Mansa Facility has recently undergone signi ficant sort line improvements, including 6078 robotics. Agua Mansa offers transfer capability for resi duals and non-reco verable solid 6079 waste. 6080
6081
3) Anaerobic Digesters 6082
Burrtec's sister company, EDCO, is near full 6083
operation of the first fully permitted state-of-the-art, 6084 advanced technology Anaerobic Digestion (AD) 6085
Facility in San Diego County. Anaerobic digestion is 6086 an efficient and environmentally sustainable 6087
technology that can signi ficantly contribute to 6088
managing organic waste in California and can power 6089 a fleet of trucks with Renewable Natural Gas (RNG). 6090 6091
c. Strategic Partnerships 6092
6093
Burrtec has partnered with Agromin. Established in 1972, Agromin manages over 1.2M tons 6094 annually of organic waste materials through its processing facilities and strategic partners' 6095 facilities. 6096
6097
Although Burrtec is planning on ut ilizing Rent-a-Bin for Santa Cl arita, Burrtec’s network of 6098 organic waste processing strategic partners are working in collaboration toward establishing a 6099 network of facilities and processing centers specifically designed to achieve the state mandated 6100 requirements, sequester carbon in the so il, and reduce harmful greenhouse gas (GHG) 6101 emissions as illustrated in the High Diversion Organic Waste Processing flow chart below: 6102
FINAL AGREEMENT Page 174 of 183
6103
6104
Future High Diversion Organic Wa ste Processing Facilities will house many technologies to 6105 prepare feedstock from single family, multi-fa mily and commercial municipal solid waste. 6106 Should the three-container system alone not achieve the 75% diversion rate, facilities must add 6107 additional technologies to capture unrecovered organics and recyclables from the municipal 6108 solid waste stream to eventually reach 75% diversion. Burrtec with Agromin is endeavoring to 6109 surpass state mandates and help develop facilitie s so that communiti es can achieve the 6110 benefits of a zero-waste infrastructure. 6111
6112
d. Supplier Partnerships 6113
6114
Rehrig Pacific pioneered a previously impossi ble process to manufacture carts out of an 6115 unprecedented 40% recycled materi al without sacrificing strengt h or curb appeal. The High-6116 Density Polyethylene (HDPE) resin that Rehrig Pacific uses in its carts makes them 100% 6117 recyclable. This allows our cart manufacturer to create a closed-loop system reclaiming and 6118 recycling broken carts for reuse in new products at the end of life. Rehrig Pacific also has a 6119 best-in-class R&D lab leading the way in evaluating non-traditional plastics sources, from bulky 6120 rigid plastic-like patio chairs and laundry hampers to materials like ocean waste and discarded 6121 rope. With seven manufacturing sites across the United States, Rehrig Pacific has a strategic 6122 national footprint that allows for timely produ ction and delivery of new cart orders and lower 6123 freight costs. 6124
6125
FINAL AGREEMENT Page 175 of 183
Rehrig Pacific uses 60 million pounds of recy cled post-consumer plastic diverted from the 6126 waste stream each year. Rehrig’s latest innovation 6127 includes the development of an innovative new solution 6128 in diverting and utilizing ocean-bound plastics. The 6129 OceanCore recycling cart is the first rollout cart made 6130 with ocean-bound plastics. OceanCore results from 6131 Rehrig Pacific’s unique manufacturing expertise and a 6132 first-of-its-kind process that allows Rehrig to combine 6133 virgin plastic with unmatched volumes of recycled 6134
material. The result is a product that contains more 6135 recycled material than previously thought possible 6136 without compromising the st ructural integrity or 6137
appearance of the final product. 6138
6139
13. Procurement 6140
Burrtec offers an initial allocation of compost a nd mulch in tonnage amounts necessary to achieve 6141 30% of jurisdictional procurement requirements. The following programs should all be considered: 6142 6143
Community compost giveaway events 6144
City parks landscape, medians, and turf enhancem ents where recycled organic products are used to 6145 minimize water usage and improve soils 6146
Compost used in stormwater detention basins to promote vegetation growth 6147 New construction and landscaping projects to meet Water Efficient Landscape requirements for 6148 compost and mulch application 6149
6150
Through a direct service provider agreement, Burrtec will act as a broker on behalf of the City to help 6151 meet procurement targets outside of jurisdictional boundaries. 6152 6153
Future considerations include utiliz ation of renewable natur al gas to fuel collect ion vehicles that will 6154 aid the City in achieving the pr ocurement obligations when reliable volumes of CNG transportation 6155 fuel become available. 6156
FINAL AGREEMENT Page 176 of 183
Exhibit 11 6157
Outreach and Education Plan 6158
1. Prior to Service Start Activities 6159
6160
Outreach describes the ways in which we communicate with our customers. 6161 6162
Update Burrtec Santa Clarita Website. I mmediately following the execution of the 6163 agreement, the Santa Clarita Burrtec webs ite will be updated to provide our new Santa 6164 Clarita customers with full information about Burrtec services, programs and events 6165 Acceptable Material Labels. During the contai ner assembly procedure, labels identifying 6166 acceptable materials will be affixed to every container (carts and bi ns) used for collecting 6167 Trash, Recyclable Materials and Organic Material 6168
Residential Service Brochure. Burrtec will distribute a bi-lingual service brochure to each 6169 residential dwelling receiving individual collection to introduce them to services and promote 6170 recycling and organic material diversion 6171
Community Associations. Burrtec will initiate contact with individual community associations 6172 recommended by the City for purposes of holding informational meetings with residents and 6173 businesses to discuss the transition of services prior to the service start date 6174 SCV Chamber of Commerce Presentations. Burrtec will conduct a SCV Chamber of 6175 Commerce board of directors briefing on t he transition and briefings at one or more 6176 Chamber events 6177
Community Meetings. Burrtec will conduct noticed community meetings for purposes of 6178 outlining services and answering questions from residents and businesses 6179 Media Advertising. Burrtec will publish prin t media advertisements utilizing KHTS, The SCV 6180 Signal, and other local publications and websit es to alert the community to the upcoming 6181 transition in service providers 6182
6183
2. Implementation Programs 6184
6185
Burrtec's waste recycling and diversion program include 6186 comprehensive public education an d outreach that details program 6187 services and maximizes the divers ion of recyclables, green waste, 6188 food waste, bulky items, sharps , mattresses, and e-waste. Our 6189 approach to successful recycling and diversion programs is simple. 6190 6191
• Provide a wide selection of acceptable materials 6192 • Offer a complete yet straig htforward collection program 6193 • Implement a public education plan that encourages 6194 participation 6195
• Reinforce the diversion programs 6196
• Encourage residents to “Reduce, Reuse, Recycle” 6197
• Educate City staff and Service Recipients on AB 341, AB 6198 1826, AB 1594 and SB 1833 6199
6200
The SB 1383 regulations require that organics recycling education and outreach be provided to all 6201 residents, businesses (including those generating edible food that can be donated), local food 6202 banks, and other food recovery organizations. 6203
6204
In communities where a substantial number of residents speak non-English languages, education 6205 and outreach materials will be translated to ens ure all residents and businesses can effectively 6206 participate in organic recycling services. 6207
6208
FINAL AGREEMENT Page 177 of 183
A variety of outreach methods will be used to inform customers on program requirements, including 6209 the following mandated topics: 6210
6211
• Methane gas reduction benefits, specifically how emissions resulting from the decomposition 6212 of organic waste in landfills are a significant source of gr eenhouse gas (G HG) emissions 6213 contributing to global climate change 6214
• Reduction of landfilled organics which are re sponsible for 25 percent of California’s methane 6215 emissions 6216
• Prevention of organic waste generation, recy cling organic waste onsite, sending organic 6217 waste to community composting, and 6218
any other local requirements 6219
regarding organic waste 6220
• Information on the organic waste 6221
generator’s requirements to follow 6222
proper container utilization 6223
techniques and edible food donation 6224
programs 6225
6226
a. Schedule of Materials 6227
6228
Brochures. Burrtec will distribute 6229
bilingual brochures on recycled paper, 6230
describing services, proper use of containers, new container colors, and acceptable materials 6231 to all customers (Residential and Commercial) bef ore the Service Start Date. Brochures will 6232 also be distributed to new customers when a change in occupancy becomes known to Burrtec. 6233 6234
Billing Statements. Each billing statement sent by Burrtec on recycled paper will contain a brief 6235 notification to customers. Notifications in clude, holiday schedules , program participation 6236 requirements, and legislative reminders. 6237
6238
Newsletters. Burrtec will distribute bilingual newsletters printed on recycled paper to 6239 Residential customers as an insert in the bill on a quarterly basis. Commercial newsletters will 6240 be distributed via Burrtec’s customer billing to coincide with special program notices such as 6241 SB 1383 requirements. 6242
6243
Social Media. Burrtec will continue to devel op and produce content pertinent to program 6244 participation and diversion goal accomplishment on social media platforms. Content includes 6245 titles such as: 6246
6247
“Our Story” – A short history of Burrtec 6248
“Recycling” – Burrtec’s ma terial recovery facilities 6249 “Coming Soon” – Food waste recycling program development 6250 “What is Organic Waste” – Overview of acceptable green container material 6251 “Christmas Tree Disposal” – How to properly prepare your Christmas tree for disposal 6252 6253
b. Service Brochures 6254
6255
At contract inception, a service brochure will be provided to customers printed on recycled 6256 paper. New customers will also receive the brochure as part of the Burrtec welcome packet. 6257 6258
These brochures will provide a comprehensive overvi ew of the solid wa ste, recycling, and 6259 organic waste programs , and the additional services. T he brochures will be produced in 6260 English, Spanish, or other languages where required and will include, but not be limited to, the 6261 information listed below. 6262
6263
FINAL AGREEMENT Page 178 of 183
Scope of services and geographical area including general information on container 6264 colors and sizes available, how to change container sizes and quantities, information 6265 about what to place in containers, and instructions on the set-out site 6266 Holiday Schedules 6267
Delivery, pick up, exchange, and replacement of containers 6268 Burrtec office hours, toll-free customer service telephone number, e-mail address, and 6269 website 6270
City’s information such as telephone number, location, Household Hazardous Waste 6271 information, and other information as required 6272
Newsletter 6273
Training on how to sort organic and recyclable material 6274 Description of green waste and food waste items allowable for collection and items 6275 prohibited 6276
Description of acceptable recyclable materials 6277
6278
c. Community Meetings 6279
6280
1) Prior to Start of Contract 6281
6282
Burrtec will hold community meetings to expl ain the new contract services and highlight 6283 program elements. Meetings will be held on weekday evenings and separate Saturdays 6284 as agreed upon with City's approval. T he meeting dates, program information, and 6285 arrangements will be reviewed with City staff prior to finalizing. All customers will receive 6286 a community meeting notification at least two weeks prior to the meeting or approved by 6287 the City. 6288
6289
2) Instructional 6290
6291
Upon request, Burrtec will hold community m eetings in English and/or Spanish or other 6292 languages as required informing customers how to recycle properly and what organic 6293 waste diversion means. 6294
6295
d. Written Notices and Outreach Materials 6296
6297
1) Upon Start of Services 6298
6299
Burrtec will develop written educational materials and deliver them to Customers. Burrtec 6300 will utilize technology, such as smartphones to distribute educational materials, reach more 6301 people, and reduce paper waste. Customers will be given a choice of how they want to 6302 receive the information, through traditional quarterly newsletters or via "monthly" e-mail or 6303 text message. Educational materials include: 6304
6305
2) Articles 6306
6307
Burrtec will develop a bilingual (Spanish and other languages as required) article with color 6308 graphics containing information that enc ourages recycling and educating customers 6309 services available. Topics include the following examples: 6310 6311
Available services notices and information 6312
New cart colors 6313
Placement of carts, including during heavy rains 6314 Holiday Tree collect ion instructions 6315
Benefits of source separ ation, reduction, and 6316
prevention of solid waste 6317
FINAL AGREEMENT Page 179 of 183
Information on how organic waste is diverted from the landfill 6318 Methane reduction benefits of redu cing organic waste in landfills 6319 Bulky Items 6320
Illegal Dumping 6321
Cleaning Containers 6322
Holiday Schedule 6323
Commingling of Solid Wastes 6324
4 R's, reduce - reuse - recycle - rethink 6325
Carts left in the street 6326
Unpermitted Waste disposal 6327
New solid waste laws 6328
Articles specific to service areas such as palm fronds 6329 6330
3) Special Event Announcements 6331
6332
Burrtec will develop and deliver outreach notic es to Customers on various events upon 6333 receiving approval from City. Some notifications will be limited to text or e-mail messages 6334 and not be included in newsletters. Examples of events are as follows: 6335 6336
City Household Hazardous Waste Collection Drop-Off Events 6337 City Neighborhood Cleanup Events 6338
Quarterly Paper Shredding Events 6339
Compost/Mulch Giveaway Events 6340
Textile, Carpet, and Mattress Collection Drives 6341
Availability of Food Waste Pails 6342
Sharps Program Information 6343
Bulky Collections 6344
Home Composters 6345
Cart and Bin Exchange and Cleaning 6346
Holiday Collection schedule 6347
Billing reminders, upon Cust omer request (e-mail) 6348 Service interrupt ions (e-mail) 6349
Non-collection notices (e-mail) 6350
6351
Certain notifications will be limited to e-mail messages and do not apply to newsletters. 6352 6353
Burrtec will provide notices up to six (6) weeks in advance of events, except as related to 6354 billing reminders, service interruptions, and non -collection notices. Notices may include 6355 artwork, layout, or notices provided by the City. 6356
6357
4) Distribution 6358
6359
The articles and announcements will be disseminated in the following ways, as requested 6360 by Customers: 6361
6362
a) Newsletters 6363
6364
Newsletters will be available in electronic format such as PDF and will be printed on 6365
8.5"x11" or 8.5"x14" sized recycled paper, whichever is appropriate. Burrtec will 6366 develop one-page (additional page for Spanish and other languages, if required by 6367 City) information newsletters in color and deliver these newsletters to Customers four 6368 times each contract year. A second English page may be added to the newsletter once 6369 per year if requested by Director. 6370
6371
FINAL AGREEMENT Page 180 of 183
b) E-mail 6372
6373
Burrtec will send brief electronic messages c ontaining links to full articles, upcoming 6374 events, and/or newsletters for Customers w ho request them. For example, in late 6375 December, send an e-mail worded, "Have a holiday tree to get rid of? Click here." with 6376 a link to an article about holiday trees. When there is a Santa Clarita local HHW 6377 Collection Event nearby, send an e-mail worded, "Leftover household chemicals, paint, 6378 or used oil to get rid of? Click here." 6379
6380
c) Container Notices 6381
6382
Drivers will place notification tags educa ting customers on prohi bited contaminants 6383 found. Burrtec will provide information on proper container utilization techniques and 6384 how contamination can be corrected at the time of discovery. The information may be 6385 provided using standard mail or notifications sent via e-mail. Red tags are applied to 6386 residential customer carts. 6387
6388
d) On-Site Waste Audits 6389
6390
Waste audit summary repor ts will be provided to 6391
customers upon completion of the evaluation. Summary 6392 report information will include container findings, 6393 educational materials including source reduction 6394
techniques, benefits of participation in collection 6395 programs, ability, and suggestions to “right-size” 6396 containers, and methods to reduce contamination. The 6397 information may be provided using standard mail or 6398 notifications sent via e-mail. 6399
6400
5) Delivery of Written Materials to Customers 6401
6402
Burrtec will deliver general mate rials (such as notices and 6403 newsletters) to Customers by any or all the following means 6404 approved by City: 6405
6406
• U.S. Postal Service 6407
• Door-to-door delivery service 6408
• Insert in monthly Customer bills 6409
• Electronic mail (E-mail) 6410
• Other means approved by the City 6411
6412
The City's designee will be included in the maili ng list and ensure that available materials 6413 are sent to the City simultaneously they are sent to customers. When items are mailed, a 6414 proof of mailing can be submitted within seven days of mailing. 6415 6416
6) Social Media 6417
6418
Burrtec will reach out to Customers and make information available regarding services by 6419 current social media and the following means approved by the City. 6420 6421
Burrtec’s Official Social Media Presence Includes: 6422 6423
Facebook: www.facebook.com/burrtecscv 6424
Twitter: https://twitter.com/burrtecwaste 6425
FINAL AGREEMENT Page 181 of 183
Instagram: https://www.instagram.com/burrtecscv 6426
YouTube: https://www.youtube.com/channel/UCqaJ5_Ea4Nx1EY4LDDAS9CA 6427 LinkedIn: https://www.linkedin.com/company/burrtec-waste-industries 6428 6429
e. City, School, Facilities, and Business Community Programs 6430 6431
Partnering with schools, city facilities, busin esses, and community pr ograms is crucial in 6432 ensuring methods to reduce contamination ar e successfully dissem inated throughout the 6433 community. Participation in events such as, but not limited to, will include: 6434 6435
Community and School Earth Day activities 6436
SCV Chamber of Commerce meetings 6437
VIA Meetings 6438
Rotary Club meetings 6439
Oldtown Newhall’s Senses 6440
Santa Clarita Valley Certified Farmer’s Markets 6441
The Learning Center at the Newhall Library and others 6442 The KHTS Home and Garden Show 6443
HOA meetings 6444
Non-Profit Events 6445
Churches, neighborhood and community groups, and other informal networking 6446 activities 6447
6448
f. “Recycling All-Star” Awards 6449
6450
Effective recycling efforts are an integral part to a successful recycling and organic waste 6451 diversion program. To reinforce these diversion efforts, Burrtec will provide annual recognition 6452 to participants meeting program standards. Education and outre ach activities will encourage 6453 participants to actively engage in programs an d become a “Recycling All-Star.” Randomly 6454 selected participants are eligib le to receive recogn ition at November City Council meetings. 6455 The Contest information and program winners are announced in the quarterly newsletters. 6456 6457
g. City Staff Training 6458
6459
Department staff, Code Enforcement, and janitorial staff will be trained at the City’s scheduled 6460 date and time on the following topics: 6461
6462
Collection Programs and Full Range of Additional Services 6463 Regulatory Requirements and Relevant State Legislation 6464 Methods to Reduce Contamination 6465
Source Reduction Techniques 6466
Acceptable Materials 6467
Benefits to Participation in Recycling Programs 6468
Record-Keeping Requirements 6469
Purchasing Policy Requirements 6470
CalGreen and MWELO Requirements 6471
Enforcement and Inspection Requirements 6472
Best Management Practices 6473
6474
FINAL AGREEMENT Page 182 of 183
3. Methods to Reduce Contamination 6475
6476
Burrtec will utilize several methods to reduce contamination and ensure diversion goals are met in 6477 Santa Clarita. Burrtec’s experience with program implementations have shown that no one method 6478 can be relied upon, but rather a flexible, multi-faceted approach is required. Burrtec will develop an 6479 explicitly tailored program, designed with ex pert local knowledge, local community engagement, 6480 and local participation for Santa. Below is a list of primary methods that will be utilized to achieve 6481 program goals: 6482
6483
Education, Education, Educ ation. Ensuring customers understand program requirements 6484 is the first critical component to achieving stated goals 6485 Participation in Community and School Events. Participating in community events and local 6486 schools to demonstrate how proper container utilization works and reduce contamination is 6487 another critical component to achieving stated goals 6488 Generator Feedback. Through onsite waste consultations with businesses, contamination 6489 notices, targeted education, and outreach, and ultimately notices of violation, and individual 6490 generator feedback is critical to achieving stated goals 6491 Data Analysis. The use of route review an d waste evaluation results in conjunction with 6492 community waste characterization data will assist in targeting high contamination generators 6493 Equipment Readiness. Operation's readiness to deploy additional containers, exchange 6494 container sizes, and respond to customer reque sts is critical to ensure contamination 6495 minimization efforts are successful 6496
Technology. Burrtec’s continued efforts to upgrade and utilize state-of-the-art equipment at 6497 recovery facilities works and partner with leading industry experts in composting to ensure 6498 diversion goals can be met 6499
6500
4. Benefits of Participation 6501
6502
Burrtec will focus on the following elements to in form customers of the benefits of recycling and 6503 organic waste collection programs: 6504
6505
Information on how recycling conserves natural resources 6506 Information on how participating in recycli ng programs prevents pollution by reducing the 6507 need for raw materials 6508
Information on methods to recycle orga nic waste onsite, sending organic waste to 6509 community composting, and any other local requirements regarding organic waste 6510 Information regarding the methane and greenho use gas reduction benefits of reducing the 6511 local Santa Clarita Valley landfill disposal of organic waste 6512 Information on the methods of organic waste recovery 6513 Information related to the public health and safety, and environmental impacts associated 6514 with the landfill disposal of organic waste 6515
Information regarding programs for donating edi ble food through the City of Santa Clarita’s 6516 Edible Food Recovery Program which helps those who are food insecure 6517 Information about food recovery organization s and services operating within the City of 6518 Santa Clarita, including a list of those services 6519
Information about actions that commercial edi ble food generators can take to prevent the 6520 creation of food waste 6521
FINAL AGREEMENT Page 183 of 183
Exhibit 12 6522
Acceptable Recyclable Materials 6523
Recyclable Materials include but are not limited to: 6524 6525
Aluminum cans
Aerosol cans
Aseptic containers
Brochures
Cardboard
Cereal boxes
Clothes hangers
Computer paper
Coupons
Envelopes
Frozen food boxes and trays
Glass bottles/jars
Glass cosmetic bottles
June mail
Laundry bottles
Magazines/catalogs
Newspaper
Paper
Paper tubes
Phone books
Pizza boxes
Plastic containers #1-#7
Plastic film
Plastic milk jugs
Plastic bags
Polystyrene (Styrofoam)
Tin cans
Tissue boxes
Wrapping paper
6526