AMENDED AND RESTATED 1
AGREEMENT 2
FOR THE PROVISION OF 3
4 GARBAGE, RECYCLABLE MATERIALS AND 5
ORGANIC WASTE COLLECTION SERVICES 6
7 Executed Between the 8
City of Santa Clarita and Burrtec Waste Industries Inc. 9 10 Amended 11
November 12, 2024 12
13 14
15 FINAL AGREEMENT Page 2 of 184
TABLE OF CONTENTS 16
Collection Services Agreement 17
18 Article 1. Definitions ................................................................................................................ 6 19 Article 2. Term of Agreement .................................................................................................18 20 Article 3. Conditions Governing Services Provided by Contractor ..........................................18 21 Article 4. Franchise Fees and Payments ...............................................................................20 22 Article 5. General Requirements ............................................................................................22 23 Article 6. Collection Service Rates .........................................................................................28 24 Article 7. Collection Service Billing .........................................................................................32 25 Article 8. Diversion Requirements ..........................................................................................33 26 Article 9. Service Unit Types ..................................................................................................36 27 Article 10. Residential Service ...............................................................................................37 28 Article 11. MFD Service .........................................................................................................44 29 Article 12. Commercial Service ..............................................................................................50 30 Article 13. Mixed Use Dwelling Service (MXD) ......................................................................58 31 Article 14. City Services ....................................................................................................... 588 32 Article 15. Additional Services ...............................................................................................59 33 Article 16. Collection Routes ..................................................................................................61 34 Article 17. Minimum Performance and Diversion Standards ..................................................61 35 Article 18. Collection Equipment ............................................................................................64 36 Article 19. Contractor’s Office ................................................................................................67 37 Article 20. Contractor Support Services .................................................................................68 38 Article 21. Emergency Service ...............................................................................................72 39 Article 22. Record Keeping and Reporting Requirements ......................................................73 40 FINAL AGREEMENT Page 3 of 184
Article 23. Nondiscrimination .................................................................................................78 41 Article 24. Service Inquiries and Complaints ..........................................................................78 42 Article 25. Quality of Performance of Contractor ....................................................................79 43 Article 26. Performance Bond ................................................................................................81 44 Article 27. Insurance ..............................................................................................................81 45 Article 28. Hold Harmless and Indemnification .......................................................................84 46 Article 29. Default of Agreement ............................................................................................87 47 Article 30. Modifications to the Agreement .............................................................................89 48 Article 31. Legal Representation ............................................................................................90 49 Article 32. Conflict of Interest .................................................................................................90 50 Article 33. Contractor's Personnel .........................................................................................91 51 Article 34. Exempt Waste ......................................................................................................92 52 Article 35. Independent Contractor ........................................................................................92 53 Article 36. Laws to Govern.....................................................................................................93 54 Article 37. Consent to Jurisdiction ..........................................................................................93 55 Article 38. Assignment ...........................................................................................................93 56 Article 39. Compliance with Laws ..........................................................................................94 57 Article 40. Permits and Licenses ............................................................................................94 58 Article 41. Ownership of Written Materials .............................................................................94 59 Article 42. Waiver ..................................................................................................................94 60 Article 43. Prohibition Against Gifts ........................................................................................95 61 Article 44. Point of Contact ....................................................................................................95 62 Article 45. Notices .................................................................................................................95 63 FINAL AGREEMENT Page 4 of 184
Article 46. Transition to Next Contractor ................................................................................96 64 Article 47. Contractor’s Records ............................................................................................96 65 Article 48. Entire Agreement ..................................................................................................97 66 Article 49. Severability ...........................................................................................................97 67 Article 50. Right to Require Performance ...............................................................................97 68 Article 51. All Prior Agreements Superseded .........................................................................97 69 Article 52. Headings ..............................................................................................................98 70 Article 53. Exhibits .................................................................................................................98 71 Article 54. Attorney’s Fees .....................................................................................................98 72 Article 55. Effective Date .......................................................................................................98 73 Exhibit 1 City Approved Service Rates ............................................................................... 100 74 Exhibit 2 City Sponsored Events ........................................................................................ 104 75 Exhibit 3 List of City Properties and Current Service Levels ............................................... 105 76 Exhibit 4 Collection Container Specifications ...................................................................... 108 77 Exhibit 5 Transition Plan ..................................................................................................... 110 78 Exhibit 6 Administrative Charges and Penalties ................................................................. 119 79 Exhibit 7 Customer Service Plan ........................................................................................ 121 80 Exhibit 8 Collection Service Operations Plan ...................................................................... 127 81 Exhibit 9 City-Approved Processing and Disposal Facilities ............................................... 158 82 Exhibit 10 Sustainability and Compliance Plan ................................................................... 159 83 Exhibit 11 Outreach and Education Plan ............................................................................ 177 84 Exhibit 12 Acceptable Recyclable Materials ....................................................................... 184 85 86 FINAL AGREEMENT Page 5 of 184
Contractor shall commence performance of its Collection Service obligations under this agreement 87 on July 1, 2023 (“Commencement Date”), Agreement is between the City of Santa Clarita, a general law 88 city of the State of California, referred to as "City" and Burrtec Waste Industries Inc corporation referred to 89 as "Contractor". 90
The Legislature of the State of California, by enactment of the California Integrated Waste 91 Management Act of 1989 (the “Act”) and subsequent additions and amendments (codified at California 92 Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and 93 require local agencies to make adequate provisions for garbage collection within their jurisdiction. 94 The State of California has found and declared that the amount of garbage generated in California, 95 coupled with diminishing landfill space and potential adverse environmental impacts from landfilling and the 96 need to conserve natural resources, have created an urgent need for State and local agencies to enact and 97 implement an aggressive integrated waste management program. The State has, through enactment of the 98 Act, directed the responsible State agency, and all local agencies, to promote disposal site diversion and 99 to maximize the use of feasible garbage reduction, re-use, recycling, and composting options in order to 100 reduce the amount of garbage that must be disposed of in disposal sites. 101 Pursuant to its Municipal Code and California Public Resources Code Section 40059(a) as may be 102 amended from time to time, City has determined that the public health, safety, and well-being require that 103 an exclusive right be awarded to a qualified contractor to provide for the collection of garbage, recyclable 104 materials, and organic waste materials, except for collection of materials excluded in City’s Municipal Code, 105 and other services related to meeting the Act’s 50 percent diversion goal and other requirements of the Act. 106 City further declares its intent to regulate and set the maximum rates Contractor may charge Service 107 Recipients for the collection, transportation, processing, recycling, composting, and/or disposal of garbage, 108 recyclable materials, and organic waste materials. 109
The City Council has determined that Contractor, by demonstrated experience, reputation and 110 capacity, is qualified to provide for the collection of garbage, recyclable materials, and organic waste 111 materials within the corporate limits of City, the transportation of such material to appropriate places for 112 processing, recycling, composting and/or disposal; and City Council desires that Contractor be engaged to 113 perform such services on the basis set forth in this Agreement; and, 114 Contractor has represented that it has the ability and capacity to provide for the collection of garbage, 115 recyclable materials, and organic waste materials within the corporate limits of City; the transportation of 116 such material to appropriate places for processing, recycling, composting and/or disposal; and the 117 processing of materials. 118
The Parties agree that solid waste Collection Services shall be provided pursuant to this Agreement 119 as of 12:00 a.m. July 1, 2023 (“Effective Date”) at which time this Agreement shall be controlling. 120 Now, therefore, in consideration of the mutual covenants, agreements and consideration contained 121 in this Agreement, City and Contractor agree as follows: 122 123
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Article 1. Definitions 124
For the purpose of this Collection Services Agreement, referred to as "Agreement", the definitions contained 125 in this Article apply unless otherwise specifically stated. When not inconsistent with the context, words used 126 in the present tense include the future, words in the plural include the singular, and words in the singular 127 include the plural. Use of the masculine gender includes the feminine gender. The meaning of terms or 128 words not defined in this Article will be as commonly understood in the solid waste collection services 129 industry when the common understanding is uncertain. 130
1.01 AB 341. “AB 341” means State of California Assembly Bill No. 341 approved October 5, 131 2011. AB 341 requires businesses, defined to include commercial or public entities that generate more than 132 4 cubic yards of commercial solid waste per week or multifamily residential dwellings of 5 units or more, to 133 arrange for recycling services and requires jurisdictions to implement a commercial solid waste recycling 134 program. 135
1.02 AB 827. “AB 827” means State of California Assembly Bill No. 827 approved October 02, 136 2019. AB 827 requires businesses that are mandated to recycle under AB 341 (“MCR”) and/or mandated to 137 recycle organics under AB 1826 (“MOR”) or SB 1383 and that provide customers access to the business, to 138 provide customers with a recycling bin and/or organics collection bin for those waste streams that is visible, 139 easily accessible, and adjacent to each bin or container for trash. 140
1.03 AB 939. “AB 939” or “The Act” means “The California Integrated Waste Management Act 141 of 1989” codified in part in Public Resources Code §§ 40000 et seq, and such regulations adopted by. 142 California Department of Resources Recycling and Recovery (CalRecycle) for implementation of the Act, or 143 its successor agency, including but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 144 (Chapter 343, Statues of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling 145 Resources Code § 40000 and following as it may be amended and as implemented by the regulations of 146 CalRecycle. 147
1.04 AB 1594. “AB 1594” means State of California Assembly Bill No. 1594 approved 148 September 28, 2014. AB 1594 provides that as of January 1, 2020, the use of green material as Alternative 149 Daily Cover does not constitute diversion through recycling and would be considered disposal. 150
1.05 AB 1669. “AB 1669” means State of California Assembly Bill No. 1669 approved 151 September 30, 2016 which amends California Labor Code Sections 1070 through 1076 with respect to the 152 hiring of displaced employees under service contracts for the collection and transportation of solid waste. 153
1.06 AB 1826. “AB 1826” means State of California Assembly Bill No. 1826 approved 154 September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an 155 organic waste recycling program to divert from the landfill organic waste from businesses. Each business 156 meeting specific organic waste or solid waste generation thresholds phased in from April 1, 2016 to January 157 1, 2020, is required to arrange for organic waste recycling services. 158
1.07 AB 3036. “AB 3036” means State of California Assembly Bill No. 3036 approved 159 September 27, 2018. AB 3036 prohibits a County, City, District, or local government agency from subjecting 160 FINAL AGREEMENT Page 7 of 184
the hauling of certain byproducts from the processing of food or beverages to an exclusive franchise, 161 contract, license, or permit. 162
1.08 Agreement. “Agreement” means the written agreement between the City and the 163 Contractor covering the work to be performed and all contract documents attached to the agreement and 164 made a part thereof. 165
1.09 Agreement Administrator. The City Manager, or his or her designee, designated to 166 administer and monitor the provisions of the Agreement. 167
1.10 Agreement Year. Agreement year means each twelve (12) month period from July 1st to 168 June 30th during the term of this Agreement. 169
1.11 Applicable Law. “Applicable Law” means all laws, regulations, rules, orders, judgments, 170 decrees, permits, approvals, or other requirement of any federal, state, county, city, and local governmental 171 agency having jurisdiction over the collection and disposition of Solid Waste, including Recyclable Materials, 172 Organic Waste, and Construction and Demolition Debris. 173
1.12 Best Management Practice. Best Management Practice means the schedule of activities, 174 prohibition of practices, maintenance procedures, and other management practices to prevent or reduce, to 175 the maximum extent that is technologically and economically feasible, the discharge of pollutants in the 176 storm drain system. 177
1.13 Bin. “Bin” means a metal or plastic waste container designed or intended to be 178 mechanically serviced by a commercial front-end loader vehicle. It shall be designed to hold from one (1) to 179 six (6) cubic yards of material with the lid properly closed. The specifications for Contractor-provided Bins 180 are set forth in Exhibit 4. 181
1.14 Biohazardous or Biomedical Waste. Any waste which may cause disease or reasonably 182 be suspected of harboring pathogenic organisms; included are waste resulting from the operation of medical 183 clinics, hospitals, and other facilities processing wastes which may consist of, but are not limited to, human 184 and animal parts, contaminated bandages, pathological specimens, hypodermic needles, sharps, 185 contaminated clothing and surgical gloves. 186
1.15 Brown Goods. Electronic equipment such as stereos, televisions, computers, VCR’s and 187 other similar items collected from SFD Service Units. 188
1.16 Bulky Waste. “Bulky Waste” or “Large Items” has the same meaning as defined in Section 189
15.44.010 of the Municipal Code. “Bulky Waste” means Solid Waste consisting of discarded white goods, 190 furniture, tires, carpets, mattresses, and similar large items which do not fit in a regular Collection Container 191 and require special handling due to their size but can be collected and transported without the assistance of 192 special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. It does not 193 include abandoned automobiles and other vehicles, nor does it include items defined as Exempt Waste. 194 FINAL AGREEMENT Page 8 of 184
1.17 Business Day. Any Monday through Friday, excluding any holidays as defined in Section 195
5.03. 196
1.18 Calendar Year. Each twelve (12) month period from January 1 to December 31. 197
1.19 Cart. “Cart” means a heavy plastic receptacle with a rated capacity of at least twenty (20) 198 and not more than one hundred (100) gallons, having a hinged tight-fitting lid and wheels, that is provided 199 by the Exclusive Franchise Solid Waste Contractor, approved by the City, and used by Service Recipients 200 for collection, accumulation, and removal of solid waste from commercial, industrial, or residential premises 201 in connection with Exclusive Franchise Collection Services. The specifications for Contractor-provided Carts 202 are set forth in Exhibit 4. 203
1.20 CERCLA. The Comprehensive Environmental Response, Compensation and Liability Act 204 of 1980, 42 U.S.C. Sections 9601 and following, as may be amended and regulations promulgated 205 thereunder. 206
1.21 Change in Law. means the occurrence of any of the following events after the Effective 207 Date, when such event has a material and adverse effect on the Parties’ performance of their respective 208 obligations under this Agreement (except for any payment obligations): (i) the enactment, adoption, 209 promulgation, amendment, repeal, judicial interpretation, or formal administrative interpretation of any 210 Applicable Law; (ii) the issuance of any order or judgment of any federal, state, or local court or agency in a 211 proceeding to which a Party is a party, but not to the extent such order or judgment finds the Party asserting 212 there to have been a Change in Law to have been negligent or otherwise at fault; or (iii) the denial, 213 suspension, or termination of any government permit or other entitlement, but not to the extent such denial, 214 suspension, or termination is the result of any act or omission of the Party asserting there to have been a 215 Change in Law. 216
1.22 City. The City of Santa Clarita, California, including any unincorporated areas of the County 217 that may be annexed by the City during the Initial Term and all extensions. 218
1.23 City Collection Service. City Garbage Collection Service, City Organic Waste Collection 219 Service, City Recycling Service, City Clean-up Services, City-Sponsored Events Services, and Large Item 220 Collection Services. 221
A. City Clean-up Services. On-call City requested Collection from Agreement 222 Administrator to support City services and operations. 223 B. City Garbage Collection Service. The Collection of Garbage, by Contractor, from 224 City Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility. 225 C. City Large Item Collection Service. The periodic on-call Collection of Large Items, 226 by Contractor, from City Service Units in the Service Area and the delivery of those Large Items to a Disposal 227 Facility, Materials Recovery Facility or such other facility as may be appropriate under the terms of this 228 Agreement. 229
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D. City Organic Waste Collection Service. The Collection of Organic Waste, by 230 Contractor, from City Service Units in the Service Area, the delivery of those Organic Waste materials to an 231 Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials, and 232 the disposal of all City Organic Waste Processing Residue. 233 E. City Recycling Service. The Collection of Recyclables Materials by the Contractor 234 from City Service Units in the Service Area, the delivery of those Recyclable Materials to a Materials 235 Recovery Facility and the processing and marketing of those Recyclable Materials, and the disposal of all 236 City Recyclables Materials Processing Residue. 237
F. City Sponsored Event Services. On-call Collection Services at City-Sponsored 238 Events. 239
1.24 City Facility. City Facility(ies) means any building or other site that the City owns, leases, 240 or occupies that are listed in Exhibit 3. 241
1.25 City Manager. City Manager means the City Manager of the City of Santa Clarita, or his or 242 her designated representative, or any employee of the City who succeeds to the duties and responsibilities 243 of the City Manager. 244
1.26 Collect and Collection and Collected. The removal of Solid Waste from a Service Unit and 245 transportation to a Disposal Facility, Organic Waste Processing Facility, Materials Recycling (or Recovery) 246 Facility, or Transfer Station as appropriate. 247
1.27 Collection Container. A Bin, Cart, or Roll-Off Container that is approved by the Agreement 248 Administrator for use by Service Recipients for Collection Services under this Agreement. 249
1.28 Collection Services. Contractor’s obligations under this Agreement to Collect Solid Waste 250 within the Service Area. Collection Service includes Residential Collection Service, Commercial Collection 251 Service, and City Collection Service. 252
1.29 Collection Vehicle. A licensed vehicle that has all required licenses to provide Collection 253 Service and that has been approved by the Agreement Administrator for use under this Agreement. 254
1.30 Commencement Date. Has the meaning specified in Section 2.01 of this Agreement. 255
1.31 Commercial Collection Service. Collection Service provided to Commercial Service Units. 256 Commercial Collection Service includes Commercial Garbage Collection Service, Commercial Organic 257 Waste Collection Service, and Commercial Recycling Collection Service. Commercial Collection Service 258 specifically includes the following: 259
A. Commercial Garbage Collection Service. The Collection of Garbage by Contractor, 260 from Commercial Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility. 261 B. Commercial Organic Waste Collection Service. The Collection of Organic Waste, 262 by Contractor, from Commercial Service Units in the Service Area, the delivery of those Organic Waste 263 FINAL AGREEMENT Page 10 of 184
materials to an Organic Waste Processing Facility and the processing and marketing of those Organic 264 Waste materials, and the disposal of all Commercial Organic Waste Processing Residue. 265 C. Commercial Recycling Collection Service. The Collection of Recyclable Materials, 266 by Contractor, from Commercial Service Units in the Service Area, the delivery of those Recyclable 267 Materials to a Materials Recovery Facility and the processing and marketing of those Recyclable Materials, 268 and the disposal of all Commercial Recyclable Materials Processing Residue. 269
1.32 Compactor. Any Collection Container which has a compaction mechanism, whether 270 stationary or mobile. 271
1.33 Compost. “Compost” means the act or product of the controlled biological decomposition 272 of Organic Wastes that are Source Separated or are separated at a centralized facility. Compost may also 273 include the product of anaerobic digestion or other conversion technologies. 274
1.34 Construction and Demolition Debris. “Construction and Demolition Debris” or “C & D” refers 275 to by Section 15.44.010 of the Municipal Code. “Construction and Demolition Debris means discarded 276 materials removed from premises, resulting from construction, renovation, remodeling, repair, 277 deconstruction, or demolition operations on any pavement, house, commercial building, or other structure 278 or from landscaping. Such materials include but are not limited to “inert wastes” as defined in Public 279 Resources Code Section 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt), 280 gravel, plaster, gypsum wallboard, aluminum, glass, plastic pipe, roofing material, carpeting, wood, masonry, 281 trees, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building 282 materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition 283 operations on pavements, houses, commercial buildings, and other structures. 284
1.35 Consumer Price Index (CPI-U). The index sets published by the Unites States Department 285 of Labor, Bureau of Labor Statistics. Consumer Price Index series CUURS49ASA0 All Urban Consumers 286 (CPI-U), Los Angeles-Long Beach-Anaheim, not seasonally adjusted. 287
1.36 Contaminant. Any material or substance placed into or found in a Collection Container 288 other than the type of Source Separated material for which that Collection Container is intended or reserved. 289 For example, anything that is not Recyclable Materials is a Contaminant if placed into or found in a 290 Recyclable Materials Collection Container. Similarly, anything that is not Organic Waste is a Contaminant if 291 placed into or found in an Organic Waste Collection Container. 292
1.37 Contractor. Burrtec Waste Industries Inc, which has entered into this Agreement. 293
1.38 County. Los Angeles County, California. 294
1.39 Dispose or Disposal. “Disposal” or “Dispose” means the final disposition of Solid Waste at 295 a permitted Landfill or other permitted Solid Waste disposal facility, as defined in California Public Resources 296 Code 40192(b). 297
1.40 Disposal Facility. “Disposal Facility” means the place or places listed in Exhibit 9 as 298 City-approved locations for the Disposal of Garbage or other materials as appropriate and acceptable. 299 FINAL AGREEMENT Page 11 of 184
1.41 Diversion or Divert. The programs and activities that reduce or eliminate the Disposal of 300 Solid Waste in landfills, which can include source reduction, reuse, salvage, Recycling, and Composting. 301
1.42 Dwelling Unit. A building or part of a building designed for residential use by a single 302 independent housekeeping unit and having separate exterior access, toilet, and facilities for cooking and 303 sleeping. 304
1.43 Edible Food. “Edible Food” has the same meaning as found in Section 15.44.010 of the 305 Municipal Code. Edible Food means food intended for human consumption. For purposes of this Agreement, 306 Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or 307 authorizes the recovery of food that does not meet the food safety requirements of the California Retail Food 308 Code. 309
1.44 Edible Food Recovery. “Edible Food Recovery” means the actions to collect and distribute 310 Edible Food and distributing it to local food recovery organizations from places where it would otherwise go 311 to waste such as, but not limited to, restaurants, grocery stores, produce markets, school cafeterias, or dining 312 facilities. 313
1.45 Effective Date. “Effective Date of Agreement” shall mean the date on which the Agreement 314 is signed and delivered by the last of the parties to sign and deliver. 315
1.46 Exempt Waste. Biohazardous or Biomedical Waste, Hazardous Waste, Sludge, 316 automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid 317 batteries, dead animals, and those wastes under the control of the Nuclear Regulatory Commission. 318
1.47 Food Waste. “Food Waste” has the same meaning as set forth in Section 15.44.010 of the 319 Municipal Code. “Food Waste” means (1) food scraps including all edible or inedible food such as, but not 320 limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, 321 coffee grounds, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source 322 Separated from other Food Scraps; and (2) food-soiled paper, which is compostable paper material that has 323 come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, 324 napkins, and pizza boxes. 325
1.48 Franchised Diversion. Franchised Diversion means the rate of diversion that Contractor is 326 responsible to achieve as defined and calculated Section 8.01.3 of this Agreement. 327
1.49 Franchise Fee. The fee stated in Section 4.03.1 of this Agreement that Contractor has 328 voluntarily agreed to pay in consideration of the exclusive rights granted by the City under this Agreement. 329
1.50 Garbage. “Garbage” has the same meaning as set forth in Section 15.44.010 of the 330 Municipal Code. All putrescible and non-putrescible solid, semi-solid and associated liquid waste generated 331 or accumulated through the normal activities of a premises. Garbage does not include Recyclable Materials, 332 Organic Waste, or Large Items, that is source-separated and set out for purposes of collection and recycling. 333 FINAL AGREEMENT Page 12 of 184
1.51 Green Waste. “Green Waste” has the same meaning as set forth in Section 15.44.010 of 334 the Municipal Code. “Green Waste” means grass clippings, leaves, landscape and prunings waste, wood 335 materials from trees and shrubs, and other forms of organic materials generated from landscapes or 336 gardens. 337
1.52 Gross Revenue. All monetary amounts actually collected or received by Contractor for the 338 provision of Collection Services pursuant to this Agreement, including but not necessarily limited to: all 339 receipts from Service Recipients, inclusive of late charges, contamination charges and any other receipts 340 from Service Recipients. “Gross Revenue”, for purposes of this Agreement, does not include any revenues 341 generated from the sale of Recyclable Material, Compost or energy, grants, cash awards, State of California 342 Department of Conservation payments, or rebates resulting from the performance of this Agreement. 343
1.53 Hazardous Waste. “Hazardous Waste” has the same meaning as set forth in Section 344
15.44.010 of the Municipal Code. Hazardous Waste shall have the meaning set forth in California Code of 345 Regulations, Title 14 §17225.32 and Health and Safety Code §25117, or successor laws and regulations as 346 may be amended from time to time. 347
1.54 Holiday. “Holiday” means New Year’s Day, Memorial Day, Independence Day, Labor Day, 348 Thanksgiving Day, Christmas Day, and any other day recognized by resolution of the City Council or 349 designated by Contractor as a day on which waste Collection Service will not be provided until the following 350 day, excluding Sunday. 351
1.55 Home Compost Bin. A portable durable container purchased by the Contractor, and 352 distributed to SFD or MFD/MXD Service Recipients as requested, and stored and distributed by the 353 Contractor to SFD or MFD/MXD Service Recipients for use by those Service Recipients to compost Organic 354 Waste at their premises. 355
1.56 Household Hazardous Waste. “Household Hazardous Waste” means that waste resulting 356 from products purchased by the general public for household use which, because of its quantity, 357 concentration or physical, chemical or infectious characteristics, may pose a substantial known or potential 358 hazard to human health or the environment when improperly treated, disposed or otherwise managed, or, 359 in combination with other Solid Waste, may be infectious, explosive, poisonous, caustic, toxic, or exhibit any 360 of the characteristics of ignitability, corrosivity, reactivity, or toxicity as per California Code of Regulations 361 Title 22, Division 4.5, Chapter 11, Section 66261.3. 362
1.57 Kitchen Food Waste Pail. A plastic receptacle with a rated capacity not exceeding two and 363 one-half (2.5) gallons, having a hinged lid, suitable for use in a SFD Service Unit for temporary storage of 364 SFD Organic Waste that is approved for such purpose by City. 365
1.58 Limited Franchise Agreement. Formerly “Non-exclusive Franchise Agreement”, a separate 366 agreement with the City which permits a contractor on a non-exclusive basis to provide for service to Collect 367 Solid Waste, Organic Waste, Construction and Demolition Debris, and/or Recyclable Materials on a 368 temporary basis. 369
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1.59 Manure. Stable bedding and other waste matter normally accumulated and associated with 370 stables or in livestock. 371
1.60 Manure Collection Services. The periodic Collection of Manure by Contractor from Service 372 Units in the Service Area, the delivery of the Manure to a properly permitted facility that accepts Manure, the 373 processing and marketing of Manure. 374
1.61 Materials Recovery Facility. Materials Recovery Facility (MRF) means a facility listed in 375 Exhibit 9 to which commingled Solid Waste, Organic Waste and Recyclable Materials are brought for 376 separation into marketable Recyclable Materials. 377
1.62 Maximum Service Rate. The maximum amount that Contractor may charge Service 378 Recipients for Collection Services, as listed in Exhibit 1, and as may be adjusted in accordance with the 379 provisions of this Agreement. 380
1.63 Mixed Waste Processing Facility. Means a State-permitted commercial Solid Waste facility 381 listed in Exhibit 9 which accepts and processes Unicycling for diversion from landfill disposal. The City 382 reserves its Flow Control Rights over the Mixed Waste Processing Facility. 383
1.64 Multi-Family Dwelling (MFD) Collection Service. MFD Solid Waste Collection Service 384 serves a Multi-Family Dwelling, and specifically includes the following, MFD Garbage Collection Service, 385 MFD Large Item Collection Service, MFD Organic Waste Collection Service, and MFD Recycling Service: 386 A. MFD Garbage Collection Service. The Collection of Garbage, by Contractor, from 387 MFD Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility. 388 B. MFD Large Item Collection Service. The periodic on-call Collection of Large Items, 389 by Contractor, from MFD Service Units in the Service Area and the delivery of those Large Items to a 390 Disposal Facility, Materials Recovery Facility or such other facility as may be appropriate under the terms of 391 this Agreement. MFD Large Item Collection Service may include the Collection of Large Items using Roll-392 Off Containers. 393
C. MFD Organic Waste Collection Service. The Collection of Organic Waste, by 394 Contractor, from MFD Service Units in the Service Area, the delivery of those Organic Waste materials to 395 an Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials, 396 and the disposal of all MFD Organic Waste Processing Residue. 397 D. MFD Recycling Service. The Collection of Recyclables Materials by the Contractor 398 from MFD Service Units in the Service Area, the delivery of those Recyclable Materials to a Materials 399 Recovery Facility and the processing and marketing of those Recyclable Materials, and the disposal of all 400 MFD Recyclables Materials Processing Residue. 401
1.65 Municipal Code. Code means the City of Santa Clarita Municipal Code. 402
1.66 Non-Collection Notice. A written notice approved by the Agreement Administrator that 403 notifies a Service Recipient of the reason Contractor did not Collect Solid Waste set out for Collection. 404 FINAL AGREEMENT Page 14 of 184
1.67 Organic Waste. “Organic Waste” has the same meaning as set forth in Section 15.44.010 405 of the Municipal Code and means Food Waste, Green Waste, Wood Waste, and food-soiled paper waste 406 that is mixed in with Food Waste. 407
1.68 Organic Waste Collection Service. The Collection of Organic Waste from Service Units and 408 processing at an Organic Waste Processing Facility, and the disposal of all Organic Waste Processing 409 Residue. 410
1.69 Organic Waste Processing Facility. “Organic Waste Processing Facility” means any facility 411 designed, operated and legally permitted for the purpose of receiving and processing Food Waste, Green 412 Waste, and Organic Waste listed in Exhibit 9. The City shall designate the Organic Waste Processing Facility 413 for the Contractor to deliver Collected Organic Waste material under this Agreement. 414
1.70 Overage. Overage means Solid Waste set out for Collection either on top of or outside of 415 a Container or in any manner that prevents the Container lid from completely closing or potentially cause 416 Solid Waste to spill during Collection by Contractor’s vehicles. 417
1.71 Premises. “Premises” means any land or building in the City where waste is generated or 418 accumulated. 419
1.72 Prohibited Container Contaminants. “Prohibited Container Contaminants” means any of 420 the following but does not include Organic Waste specifically allowed for Collection in a Container that is 421 required to be transported to a high diversion organic waste processing facility if the waste is specifically 422 identified as acceptable for Collection in that Container in a manner that complies with the requirements of 423 14 CCR Section 18984.1, 18984.2, or 18984.3. (A) Non-Organic Waste placed in a Collection Container 424 designated for Organic Waste provided pursuant to 14 CCR Section 18984.1 or 18984.2; (B) Organic 425 Wastes that are, carpet, hazardous wood waste, or non-compostable paper placed in the Collection 426 Container that is part of an Organic Waste Collection Service provided pursuant to 14 CCR Section 18984.1 427 or 18984.2; (C) Organic Wastes, placed in a Collection Container designated for Garbage, that pursuant to 428 14 CCR Section 18984.1 or 18984.2 were intended to be Collected separately in a Collection Container 429 designated for Organic Waste or Recyclable Materials; (D) Organic Wastes placed in the Collection 430 Container designated for Recyclable Materials shall be considered Prohibited Container Contaminants 431 when those wastes were specifically identified in this Agreement, or through local ordinance for Collection 432 in the Container designated for Organic Waste, or mutually agreed to and promulgated by the City and 433 Contractor. Paper products, printing and writing paper, wood and dry lumber may be considered acceptable 434 and not considered Prohibited Container Contaminants if they are placed in Collection Container designated 435 for Recyclable Materials; and (E) Exempt Waste placed in any Collection Container. 436
1.73 Quarter. A three-month period during a calendar year. The first Quarter is January through 437 March. The second Quarter is April through June. The third Quarter is July through September. The fourth 438 Quarter is October through December. 439
1.74 Rate Year. Rate Year means the period January 1st to December 31st, for each year during 440 the Term of this Agreement. 441
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1.75 Recyclable Materials. “Recyclable Materials” has the same meaning as set forth in Section 442
15.44.010 of the Municipal Code and means those materials that are separated from Solid Waste prior to 443 disposal to be recycled consistent with the requirements of the Act. Recyclable Materials that can be placed 444 in the Recycling Container include but are not limited to, glass and plastic bottles, aluminum, tin and steel 445 cans, metals, unsoiled paper products, printing and writing paper, and cardboard, and any other items as 446 determined by the Agreement Administrator. 447
1.76 Recycling. “Recycling” means the process of collecting, sorting, cleansing, treating and/or 448 marketing Recyclable Materials that would otherwise become Garbage, and returning them to the economic 449 mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality 450 standards necessary to be used in the marketplace. The collection, transportation or disposal of Solid Waste 451 not intended for, or capable of, reuse is not Recycling. “Recycling” does not include transformation as defined 452 in Public Resource Code Section 40201. 453
1.77 Residential Collection Service. “Residential Collection Service” means ongoing regularly 454 scheduled collection of Solid Waste by an Exclusive Franchise from Residential Service Units and MFD 455 Service Units and the delivery of that Solid Waste to a Disposal Facility, Recycling Facility, and/or Organics 456 Processing Facility. 457
1.78 Residential Premises. “Residential Premises” means: (i) any building or structure, or 458 portion thereof, that is used for residential housing purposes and has four (4) or fewer distinct living units; 459 and (ii) any multiple unit residential complex which, with the prior written approval of the City Manager, 460 receives Solid Waste Collection services using standard residential Containers. 461
1.79 Residual or Residuals. “Residual” or “Residuals” means Solid Waste that is not Diverted 462 from landfill Disposal after it has been delivered to an Organic Waste Processing Facility or a Recyclables 463 Processing Facility for processing for Diversion from landfill Disposal. Residual does not include Recyclable 464 Materials or Organic Material that is processed for Diversion but lacks an available market. 465
1.80 Roll-Off Container. A metal container with a capacity of ten (10) or more cubic yards that 466 is normally loaded onto a specialized Collection vehicle and transported to an appropriate facility. 467
1.81 Santa Clarita Valley. “Santa Clarita Valley” shall include the unincorporated areas of North 468 Los Angeles County. 469
1.82 SB 1383. “SB 1383” means State of California Senate Bill 1383 Short-lived Climate 470 Pollutants: Organic Waste Reductions, approved September 19, 2016. 471
1.83 Self-Haul. Collection of Solid Waste by the resident, owner, or occupant of the Premises 472 on which the Solid Waste was generated pursuant to a City-issued permit and in accordance with the 473 requirements of the Municipal Code. 474
1.84 Service Area. That area within the city limits of the City of Santa Clarita designated by City 475 as the Service Area. 476
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1.85 Service Recipient. An individual or entity receiving Collection Service. 477
1.86 Service Unit. “Service Unit” means a single subscriber to Contractor’s Collection Services. 478 SFD Service Units, MFD Service Units, MXD Service Units, City Service Units or Commercial Service Units. 479 Service Unit specifically includes the following: 480
A. City Service Unit. City Facility(ies) that utilize a Bin, Cart, or Roll-Off Container(s) 481 for the accumulation and set-out of Solid Waste. City Service Units are the properties set forth in Exhibit 3 482 and may be modified by written notice to Contractor by the City. 483 B. Commercial Service Unit. All retail, professional, wholesale and industrial facilities, 484 and other commercial enterprises offering goods or services to the public that utilize a Garbage Bin, 485 Cart, Compactor, Roll-Off Container for the accumulation and set-out of Commercial Solid Waste. 486 C. Multi-Family Dwelling and MFD Service Unit. “Multi-Family Dwelling” and “MFD” 487 shall mean any building or structure, including but not limited to Mobile Home Parks, or portion thereof, 488 used for residential purposes having five or greater distinct living units. 489 D. MXD (Mixed-use Development) Service Unit. A mix of Commercial Service Units 490 and five (5) or greater Dwelling Units in the Service Area utilizing any combination of Collection 491 Containers for the accumulation of and set out of Solid Waste. 492 E. SFD Service Unit. Any Single-Family Dwelling Unit in the Service Area utilizing a 493 Cart for the accumulation and set out of Solid Waste originating from SFD Residential Premises. 494
1.87 SFD Collection Service. SFD Garbage Collection Service, SFD Recycling Service, SFD 495 Organic Waste Collection Service, and SFD Large Item Collection Service. 496 A. SFD Garbage Collection Service. The Collection of Garbage, by Contractor, from 497 SFD Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility. 498 B. SFD Large Item Collection Service. The periodic on-call Collection of Large Items, 499 by Contractor, from SFD Service Units in the Service Area and the delivery of those Large Items to a 500 Disposal Facility, Materials Recovery Facility or other such facility as may be appropriate under the terms 501 of this Agreement. SFD Large Item Collection Service does not include the Collection of Large Items using 502 Roll-Off Containers. 503
C. SFD Organic Waste Collection Service. The Collection of Organic Waste, by 504 Contractor, for SFD Service Units in the Service Area, the delivery of those Organic Waste Materials to an 505 Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials, 506 and the disposal of all SFD Organic Waste Processing Residual. 507 D. SFD Recycling Service. The Collection of Recyclable Materials by the Contractor 508 from SFD Service Units in the Service Area, the delivery of those Recyclable Materials to a Materials 509 Recovery Facility and the processing and marketing of those Recyclable Materials. 510 FINAL AGREEMENT Page 17 of 184
1.88 Single-family Dwelling or SFD. “Single-family/duplex dwelling” or “SFD” means any 511 residential premises with fewer than five (5) units single attached dwelling units, each designed for use by 512 one bona fide housekeeping group. 513
1.89 Sludge. The accumulated solids, residues, and precipitates generated as a result of waste 514 treatment or processing, including wastewater treatment, water supply treatment, or operation of an air 515 pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or 516 similar disposal appurtenances or any other such waste having similar characteristics or effects. 517
1.90 Solid Waste. “Solid Waste” means all putrescible and non-putrescible solid, semisolid, and 518 liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and 519 construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, 520 dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, Manure, vegetable or 521 animal solid and semisolid wastes, and other discarded solid and semisolid wastes, as set forth in California 522 Public Resources Code Section 40191(a)(b), as amended from time to time. Solid Waste includes 523 Recyclable Materials but does not include (1) Hazardous Waste; (2) radioactive waste regulated pursuant 524 to the Health and Safety Code Section 114960 et seq.; and (3) medical waste regulated pursuant to the 525 Health and Safety Code Section 117600 et seq. 526
1.91 Source Separated. “Source Separated” means materials that have been kept separate in 527 the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing in order 528 to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted 529 products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined 530 in 14 CCR Section 17402.5(b)(4). 531
1.92 SRRE (Source Reduction and Recycling Element). A formal planning document that 532 demonstrates how the City will comply with the Act’s diversion goals. 533
1.93 Term. “Term” means the time period or duration which the Agreement is in effect. 534
1.94 Transfer Station. “Transfer Station” means the place or places listed in Exhibit 9 as City-535 approved locations conveyance of Solid Waste Collected by Contractor into larger vehicles prior to 536 transportation of the Solid Waste to a Disposal Facility or Processing Facility. 537
1.95 Unicycling. A method of separating trash and recyclable materials in a single Collection 538 Container. Trash materials are collected in bags and deposited into the Collection Container and recyclable 539 materials are deposited into the Collection Container loose and unbagged. 540
1.96 Universal Waste or U-Waste. Electronic devices, dry-cell batteries, non-empty aerosol 541 cans, fluorescent lamps, and fluorescent bulbs, mercury thermostats, and other mercury containing 542 equipment. 543
1.97 Waste. “Waste” means the useless, unused, unwanted or discarded material and debris 544 resulting from normal residential and commercial activity or materials which, by their presence, may 545 FINAL AGREEMENT Page 18 of 184
injuriously affect the health, safety, and comfort of persons or depreciate property values in the vicinity 546 thereof. 547
1.98 Waste Generator. “Waste generator” means any person, as defined by the most current 548 version of the Public Resources Code, whose act or process produces solid waste as defined in that same 549 code, or whose act first causes solid waste to become subject to regulation. 550
1.99 Waste Reporting System (WRS). The electronic data recording and reporting system that 551 Contractor uses to provide data and reports that this Agreement requires Contractor to give to the City. 552
1.100 White goods. “White goods” means enamel-coated major appliances, such as washing 553 machines, clothes dryers, hot water heaters, stoves, and refrigerators. 554
1.101 Work Day. Any day, Monday through Saturday, that is not a Holiday as set forth in Section 555
5.03 of this Agreement. 556
1.102 Wood Waste. “Wood waste” means Solid Waste consisting of stumps, large branches, tree 557 trunks, and wood pieces or particles that are generated from the manufacturing or production of wood 558 products, harvesting, processing or storage of raw wood materials, or construction and demolition activities. 559 Article 2. Term of Agreement 560
2.01 Initial Term. The initial term of this Agreement will be for ten (10) year period beginning 561 July 1, 2023 and terminating on June 30, 2033. Contractor shall commence performance of its Collection 562 Service obligations under this Agreement on July 1, 2023 (“Commencement Date”). 563
2.02 Extension of Term. Contractor may request up to two, five (5) year term extension to the 564 Initial Term, and at City’s sole option, City may grant Contractor’s request to extend the term. Under no 565 circumstances will City be obligated to extend the term. Contractor must request the first five (5) year 566 extension by June 30, 2031 in order to be eligible for the term extension, and June 30, 2036 in order to be 567 eligible for the second term extension. 568
2.03 Performance Review Prior to Five (5) Year Extension. A billing audit and performance 569 review shall be conducted two years prior to the end of the Initial Term (i.e., during 2031, and to be completed 570 by December 31, 2031) as described in Section 17.02. The cost of the review shall be paid as specified in 571 that Section. In order to be eligible for an Extension of the Term of the Agreement under Section 2.02, 572 Contractor must meet billing and performance standards to the satisfaction of the City. In the event 573 Contractor fails to meet the minimum service and diversion requirements set forth in Section 8.01.1, this 574 Agreement will terminate on June 30, 2033 as set forth in Section 2.01 of this Agreement. 575 Article 3. Conditions Governing Services Provided by Contractor 576
3.01 Grant of Exclusive Agreement. City hereby grants to Contractor, on the terms and 577 conditions set forth herein, the exclusive franchise, right and privilege to collect, remove and dispose of, in 578 a lawful manner, Solid Waste, Recyclable Materials, and Organic Materials accumulating in the City’s 579 FINAL AGREEMENT Page 19 of 184
Service Area that are required to be accumulated and offered for collection to the Contractor in accordance 580 with the City’s Municipal Code, for the Term of and within the scope set forth in this Agreement. 581
3.02 Recyclable Materials Organic Waste, and Bulky Waste Discarded by Service Recipients. 582 This Agreement shall not prohibit any person from selling Recyclable Materials or Organic Waste or giving 583 Recyclable Materials or Organic Waste away to persons or entities other than Contractor. However, in either 584 instance: (1) the Recyclable Materials or Organic Waste must be source separated from and not mixed with 585 other Solid Waste; and (2) the seller/donor may not pay the buyer/donor any consideration for collecting, 586 processing or transporting such Recyclable Materials or Organic Waste. A discount or reduction in the price 587 for collection, disposal and/or recycling services for any form of un-segregated or segregated Solid Waste 588 is not a sale or donation of Recyclable Materials or Organic Waste and such Solid Waste does not qualify 589 for this exception. However, once the Recyclable Materials or Organic Waste have been placed in the 590 Collection Container and the Container set out for Collection, the Recyclable Materials or Organic waste 591 become the property of Contractor. 592
3.03 Exclusions to Exclusivity. 593
3.03.1 Specialized Recyclable Materials. If Contractor is unable or unwilling to Collect and 594 process for diversion specialized materials, including, but not limited to, Organic Waste, metals, 595 Construction and Demolition Debris, laboratory waste, pallets and others, and which a third party is able to 596 re-use or Recycle, Service Recipients shall have the right to engage the third-party recycler to collect and 597 Recycle those Source-Separated Recyclable Materials provided that the diversion is verified by the City 598 and the third party obtains a City recycling permit. 599
3.03.2 Recyclable Materials Sold By Commercial Generator. If the Waste Generator at a 600 Commercial Service Unit has source separated Recyclable Material, the Waste Generator is entitled to sell 601 that Recyclable Material or be otherwise compensated in a manner resulting in a net positive payment to 602 the Waste Generator, when such collector is permitted as appropriate under the City Municipal Code. 603
3.03.3 Byproducts of Food and Beverage Processing. Under AB 3036 (2018), certain 604 byproducts from the processing of food or beverages from agricultural or industrial sources, provided they 605 do not include animal, including fish, processing byproducts, they are Source-Separated, they are not 606 discarded (meaning the generator may not pay the recipient any consideration, or accept a discount or 607 reduction in price for collecting, processing, or transporting such material), and they are used as animal 608 feed, are exempted from this Exclusive Franchise Agreement. Entities requesting exemption must apply to 609 the City and be any of the following: registered pursuant to Section 110460 of the Health and Safety Code, 610 or be exempted from registration pursuant to Section 110480 of the Health and Safety Code, or be a beer 611 manufacturer as defined in Section 23012 of the Business and Professions Code, or a distilled spirits 612 manufacturer, as defined in Section 23015 of the Business and Professions Code. 613
3.03.4 Donated Solid Waste. Recyclable Materials, Organic Waste, or Large Items which 614 is Source Separated at any premises by the waste generator and donated to youth, civic or charitable 615 organizations qualified as such pursuant to Federal law. 616 FINAL AGREEMENT Page 20 of 184
3.03.5 Gardening or Landscape Services. Green Waste removed from a premises by a 617 gardening, landscaping, or tree trimming company as an incidental part of a total service offered by that 618 company rather than as a hauling service; 619
3.03.6 Temporary Services. Temporary Collection services for Solid Waste and 620 Construction and Demolition Debris is covered under the City’s Limited Franchise Agreement and 621 Contractor must abide by terms of that agreement for Collection and processing and Diversion of 622 Construction and Demolition Debris. 623
3.03.7 Permanent Roll-offs. Permanent Roll-off Collection services for Solid Waste and 624 Construction and Demolition Debris in a Roll-Off Container is covered under the City’s Limited Franchise 625 Agreement and Contractor must abide by terms of that agreement for Collection and processing and 626 Diversion of Construction and Demolition Debris. 627
3.04 Responsibility for Service Billing and Collection. Contractor is responsible for the billing 628 and collection of payments for Collection Services within the Service Area. 629 Article 4. Franchise Fees and Payments 630
4.01 Contractor’s Payments to City. The Parties agree that all fees and any payments owed by 631 Contractor to City under this Agreement are the product of extensive negotiations and constitute valid 632 consideration for the rights and privileges granted to Contractor under this Agreement. 633
4.02 Reimbursement for the Cost of Procurement Process. Contractor shall reimburse the City 634 a one-time fee for the cost of the Franchise Agreement solicitation, evaluation and award process of Three 635 Hundred Thousand Dollars ($300,000). This fee shall be due and payable on the thirty (30) day after the 636 Effective Date of the Agreement. 637
4.03 Quarterly Fees and Payments. The following quarterly fees and payments shall be due and 638 payable on the twentieth (20th) day of the month following the end of each Quarter for which the Collection 639 Services were provided; first such payment being due on October 20, 2023. The City Council may adjust the 640 Quarterly Fees by resolution, in which case Contractor shall be entitled to a rate adjustment as a City-641 directed change in accordance with Section 30.01. The Quarterly Fees shall be accompanied at the time of 642 payment by a written report, in a format acceptable to the City, setting forth the calculations Contractor used 643 to determine the amount due and the basis for those calculations. Figures used in the report shall be taken 644 from Contractor’s general books of account, and Contractor shall retain all supporting documentation in 645 accordance with the records retention requirements in Section 22.01. 646
4.03.1 Franchise Fee. Contractor shall pay the City a quarterly Franchise Fee equal to 647 ten percent (10%) of the Gross Revenue received by the Contractor from Collection Services provided in 648 the City pursuant to this Agreement. 649
4.03.2 Marketing and Sales of Recyclable Materials. Contractor shall be responsible for 650 marketing and sale of all Recyclable Materials Collected pursuant to this Agreement. Contractor shall pay 651 City $5.50 per ton on Recyclable Materials revenue. This shared revenue, from all recovered Recyclable 652 FINAL AGREEMENT Page 21 of 184
Material, except for organic waste or Diverted Bulky Items, shall be paid to the City on a quarterly basis, 653 within 20 days of the end of the Quarter. City may apply late penalties as specified in Exhibit 6. 654 Tonnage upon which the shared revenue is calculated shall be the tonnage after 655 processing and removing residual waste, if the Contractor can document to the City’s satisfaction these 656 tonnage figures. If such documentation is not available in a sufficient form, shared revenue shall be based 657 on the tonnage delivered for processing. Tonnage reports, broken down by month, shall accompany 658 quarterly payments. 659
4.04 Annual Fees and Payments. The following annual fees and payments shall be due and 660 payable on July 1 of each calendar year; the first such payments being due on May 1, 2023. The City Council 661 may adjust the Annual Fees by resolution, in which case Contractor shall be entitled to a rate adjustment as 662 a City-directed change in accordance with Section 30.01. On each anniversary of the Commencement Date, 663 each of the following annual fees and payments shall increase by the same percentage that the Maximum 664 Service Rate increases for that same Calendar Year. 665
4.04.1 Administrative Fee. In consideration of the administrative costs of managing the 666 City’s solid waste program, Contractor shall pay City an annual Administrative Fee of Three Hundred 667 Thousand Dollars ($300,000). 668
4.04.2 SB 1383 Implementation Fee. In consideration of the implementation, reporting, 669 and enforcement costs of SB 1383, Contractor shall pay City an annual SB 1383 Implementation Fee of 670 One Hundred and Thirty Thousand Dollars ($130,000). 671
4.04.3 Advertising and Outreach Contribution. Contractor shall pay the City an annual 672 Advertising and Outreach Contribution in the amount of Twenty Thousand Dollars ($20,000). 673
4.05 Time and Method of Payment. Contractor shall pay all amounts owed under this Article 674 without prior notice or demand and without abatement, deduction, offset or credit in lawful money of the 675 United States, on or before the applicable due date, unless the due date lands on a weekend or Holiday, in 676 which case the due date shall be the next Business Day. If sent by U.S. mail, the remittance must be post-677 marked on or before the due date. If hand-delivered, Contractor must request and receive a date-stamped 678 receipt from the City by 5:00 p.m. on the due date. 679
4.06 Late Payments. In the event Contractor fails to pay the City any amounts owed under this 680 Article on or before the applicable due date, then in addition to the amounts already owed, Contractor shall 681 pay a penalty as specified in Exhibit 6, except to the extent that such lateness is due to extenuating 682 circumstances. Contractor must submit any request for approval of a late payment in writing at least five (5) 683 Business Days prior to the date on which fees are due, and the request must be accompanied by a written 684 explanation of the extenuating circumstances and adequate supporting documentation. The City shall not 685 unreasonably withhold its approval, and shall notify Contractor within three (3) business days of receiving 686 the request whether and to what extent the request has been approved. 687
4.06.1 Taxes and Utility Charges. The Contractor shall pay all taxes lawfully levied or 688 assessed upon or in respect of the operating assets or the Collection Services, or upon any part thereof of 689 FINAL AGREEMENT Page 22 of 184
upon any revenues necessary for the operation of the operating assets and the provision of the Collection 690 Services, when the same shall become due. 691
4.06.2 Franchise Fee Disputes. In the event of any disputes between the Contractor and 692 the City with respect to the fees described in this Article 4, the City shall provide the Contractor with written 693 objection within 180 days of the receipt of the written report described in Section 4.03, encompassing the 694 dispute amount. The City shall state its objections in writing with reference to the applicable portion(s) of 695 the report and its reasons then known for its dispute. The Parties agree to meet and confer regarding any 696 such dispute. 697
Article 5. General Requirements 698
5.01 Service Standards. Contractor must perform all Collection Services under this Agreement 699 in a thorough and professional manner as described in Article 25, while meeting the minimum performance 700 and diversion standards listed in Article 17 according to the Sustainability and Compliance Plan (Exhibit 10) 701 developed by the Contractor and approved by the City. 702
5.02 Labor and Equipment. Contractor must provide and maintain all labor, equipment, tools, 703 facilities, and personnel supervision required for the performance of Contractor’s obligations under this 704 Agreement. Contractor must always have sufficient backup equipment and labor to fulfill Contractor’s 705 obligations under this Agreement. No compensation for Contractor’s services or for Contractor’s supply of 706 labor, equipment, tools, facilities or supervision will be provided or paid to Contractor by City or by any 707 Service Recipient except as expressly provided by this Agreement. 708
5.03 Holiday Service. The City observes New Year’s Day, Memorial Day, Independence Day, 709 Labor Day, Thanksgiving Day, and Christmas Day as legal holidays. Contractor is not required to provide 710 Collection Services or maintain office hours on the designated holidays. In any week in which one of these 711 holidays falls on a Work Day, SFD Collection Services for the holiday and each Work Day thereafter will be 712 delayed one Work Day for the remainder of the week with normally scheduled Friday SFD Collection 713 Services being performed on Saturday. Commercial Collection Services will be adjusted as set forth in Article 714 12 but must meet the minimum frequency requirements of one (1) time per week. Collection Services will 715 not take place on Sundays, unless previously authorized by the Agreement Administrator. 716
5.04 Inspections. Subject to Contractor’s appropriate safety protocols, the City has the right to 717 inspect Contractor’s facilities or Collection Vehicles and their contents used to provide services pursuant to 718 this Agreement at any reasonable time while operating inside or outside the City. 719
5.05 Commingling of Materials. 720
5.05.1 SFD Materials Collected in Santa Clarita. Contractor may not at any time 721 commingle any SFD materials Collected pursuant to this Agreement with any other material Collected by 722 Contractor inside or outside the City of Santa Clarita without the express prior written authorization of the 723 Agreement Administrator. 724
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5.05.2 Commercial Materials Collected in Santa Clarita. Contractor may commingle 725 Commercial materials collected pursuant to this Agreement with other materials collected outside the City 726 of Santa Clarita, provided that Contractor tracks the tonnage of Commercial material collected inside the 727 City of Santa Clarita separately using a City-approved allocation methodology. Changes to the allocation 728 methodology may only be made with the express prior written authorization of the Agreement Administrator. 729
5.05.3 Recyclable Materials. Subject to Sections 10.08.2 and 12.04.4, Contractor may not 730 at any time commingle SFD or Commercial Recyclable Materials Collected pursuant to this Agreement with 731 any other material type Collected by Contractor without the express prior written authorization of the 732 Agreement Administrator. 733
5.05.4 Organic Waste. Subject to Sections 10.09.4 and 12.05.7, Contractor may not at 734 any time commingle SFD or Commercial Organic Waste Collected pursuant to this Agreement with any 735 other material type Collected by Contractor, without the express prior written authorization of the Agreement 736 Administrator. 737
5.05.5 Commingled Garbage and Recyclables. Only in special circumstances in which 738 separate Collection Containers pose a challenge due to space or logistical constraints, and with prior written 739 authorization of the Agreement Administrator, Contractor will Collect Commercial Garbage and Recyclable 740 Materials in the same Collection Container, using a Split-bin or Unicycling, for the purposes of processing 741 Recyclable Materials for diversion. 742
5.06 Recyclable Materials and Organic Waste Contamination. Contractor must offer the Service 743 Recipients the correct combination of Cart and Bin sizes and collection frequency beyond the minimum 744 bundled service requirements as necessary, that matches their unique service needs to reduce 745 contamination of Recyclable Materials and Organic Waste, and provide service at least cost to Service 746 Recipient. To support City’s diversion goals and Contractor’s Diversion Requirements as set forth in Section 747
8.01.1, Contractor is only required to collect and process Recyclable Materials if they have been separated 748 by the Service Recipient from Garbage and Organic Waste and will only be required to collect Organic Waste 749 if it has been Source Separated by the Service Recipient from Garbage and Recyclable Materials. 750 As part of Contractor’s Public Education Services under Section 20.02, Contractor has agreed to provide 751 outreach and support to Service Recipients as described in the Contractor’s Sustainability and Compliance 752 Plan provided as Exhibit 10 and Outreach and Education Plan provided as Exhibit 11. Additionally, 753 Contractor’s route collection personnel will report to Contractor’s supervisors if they observe potential 754 contamination problems, and/or insufficient collection capacity. For purposes of determining if Recyclable 755 Materials or Organic Waste are deemed to be contaminated, if, by visual or digital inspection, Recyclable 756 Materials are commingled with ten percent (10%) by weight or volume of Garbage or Organic Waste, or if, 757 by visual inspection, Organic Waste is commingled with three percent (3%) by volume of Garbage or 758 Recyclable Materials, then Recyclable Materials and/or Organic Waste will be deemed to be contaminated 759 and Contractor may take the following steps: 760
5.07 Violations by Service Recipients. The following provisions will apply to all Commercial, 761 MFD, MXD, and SFD Service Recipients. 762
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5.07.1 First and Second Occurrence. For the first and second occurrence within any one 763 continuous 12 month period of contamination for a particular container (i.e., Recyclable Materials or Organic 764 Waste), Contractor must collect the contaminated container (as Solid Waste) and must affix a 765 Contamination Violation Notice to the contaminated container which contains instructions on the proper 766 procedures for sorting Recyclable Materials or Organic Waste, and must notify the Service Recipient by 767 phone, U.S. mail, e-mail, or in person (which may be a container tag), that for the third and subsequent 768 incidents of excess contamination, the Service Recipient may be charged a contamination fee for the 769 contaminated container, and Contractor may increase the Collection Container size, or require an additional 770 Collection Container. Contractor’s representative must also contact the Service Recipient by phone, U.S. 771 mail, e-mail, or in person (which may be a container tag) to ensure that they have the appropriate level of 772 service for proper collection of Recyclable Materials and/or Organic Waste. Contractor must also document 773 the contamination issue in the Waste Reporting System provide digital/visual documentation to the Service 774 Recipient that clearly documents the Service Recipient’s on-going contamination problems. 775
5.07.2 Third Occurrence. For the third or subsequent occurrence within any one 776 continuous 12-month period of contamination for a particular container (i.e., Recyclable Materials or 777 Organic Waste), Contractor must collect the contaminated Container (as Solid Waste) and must charge the 778 Service Recipient a contamination fee as set forth in Exhibit 1. Contractor must continue providing the 779 Recyclable Materials or Organic Waste Collection Services. Contractor must provide (or have provided) 780 digital/photographic documentation to the Service Recipient that clearly documents the Service Recipient’s 781 on-going contamination problems and written Notices of contamination as described above. Contractor may 782 increase the Container size or collection frequency and impose a contamination surcharge on the account 783 for a period of six months or until the Service Recipient has demonstrated no contamination for a period of 784 three consecutive months. Contractor must document contamination issue and surcharge in Waste 785 Reporting System and notify City within five (5) Business Days if Contractor increases the Container size 786 or collection frequency for excessive contamination or imposes the contamination surcharge to the account. 787 City will consult with Contractor and consider, and pursue as applicable, appropriate legal remedies against 788 offending Service Recipients in order to secure discontinuance of the contamination. 789
5.08 Tracking Occurrences of Contamination. Regarding Section 5.07, each Contamination 790 occurrence is tracked annually per Calendar Year, and resets at the start of each Calendar Year if 791 contamination occurrences are not active and consecutive. Where contamination is occurring, and 792 occurrences are consecutive and unremedied their count shall continue across Calendar Years until remedy 793 occurs. In this case, once the Service Recipient has demonstrated no contamination for a period of three 794 consecutive months the tracking calendar will reset. 795
5.09 Disputes Over Excess Contamination Charges. If Service Recipient disputes a 796 contamination charge (which must be within 30 days of them being assessed), Contractor will temporarily 797 halt any contamination charge and/or increased Maximum Service Rate resulting from increasing the 798 Collection Container size, or collection frequency, and Contractor may request a ruling by the City Manager 799 to resolve the dispute. During the pendency of any request, Contractor may restore Container size or 800 number, or collection frequency to the prior levels. A request by Contractor to the City Manager to rule on 801 any such dispute must be filed within ten (10) Business Days of Contractor’s halting of contamination charge, 802 FINAL AGREEMENT Page 25 of 184
or increased Maximum Rate, and must include written documentation and digital/visual evidence of ongoing 803 overall problems. The City Manager may request a meeting (in person or phone) with both the Service 804 Recipient and Contractor to resolve the dispute. Following such a meeting, the City Manager will rule on the 805 dispute within ten (10) Business Days, and the City Manager’s decision on resolving the dispute between 806 and Service Recipient will be final. If the City Manager rules in favor of the Service Recipient, Contractor will 807 credit the disputed contamination charges or increased Maximum Service Rate. If the City Manager rules in 808 favor of Contractor, Contractor may charge Service Recipient the prior halted contamination charge and/or 809 increased Maximum Service Rate resulting from increasing the Collection Container size or collection 810 frequency and may follow the steps in Section 7.07 for collection of delinquent accounts. 811
5.10 Container Overage and Correction Procedures. If a Customer is found to habitually 812 overflow their Collection Container(s), i.e., lid will not close, and/or material not contained within Container 813 Contractor may take the steps as listed below to correct Customers’ on-going overflow of material. All 814 customers will be notified of Collection Overages. Contractor shall notify the City regarding Commercial, 815 MFD, and MXD customers that habitually overflow their Containers so that the City can take appropriate 816 action with such customers in order to secure discontinuance of the overages. 817
5.11 Overage and Correction Procedures. Contractor shall provide the Service Recipients the 818 correct combination of Collection Containers and collection frequency that matches each Service Recipient’s 819 unique service needs to enable clean, efficient, and cost-effective collection of Solid Waste, Recyclable 820 Materials, and Organic Waste. City and Contractor agree that overflow of Solid Waste that is not properly in 821 the Service Recipient’s Solid Waste Collection Containers negatively impacts public health and safety. 822 Contractor has also agreed to conduct recycling audits and provide outreach and support to Service 823 Recipient accounts receiving the correct service level. However, if Service Recipients are found to habitually 824 overflow their Solid Waste Collection Containers, Contractor may take the steps as listed below to correct 825 Service Recipient’s on-going overflow of Solid Waste. 826
5.12 Prior Arrangements For Collection. If the Service Recipient has made prior arrangements 827 with Contractor for Collection of Solid Waste Overages, Contractor must collect such Overages as arranged, 828 and may charge the Service Recipient the Solid Waste Overage fee (prior arrangement) rate set forth in 829 Exhibit 1. 830
5.13 No Prior Arrangements. If the Service Recipient has not made prior arrangements with 831 Contractor for Collection of Solid Waste Overage, (i) Contractor may collect such Solid Waste Overage at 832 no additional charge as a courtesy, (ii) Contractor may not Collect the Solid Waste Overage and leave a 833 Non-Collection Notice explaining the reason for non-collection of the Solid Waste Overage, (iii) Contractor 834 may Collect the Solid Waste Overage (up to two lifts) and charge the Service Recipient the Solid Waste 835 Overage fee (no prior arrangement) rate set forth in Exhibit 1 as provided below, or increase the capacity or 836 frequency of Collection of the existing Collection Container(s) to match documented service needs as 837 provided below. In managing Solid Waste Overages, the following apply: 838
5.13.1 SFD Service Recipients – Each Occurrence. For each occurrence Contractor will 839 not collect the Solid Waste Overage if the Collection Container could not be serviced by normal operating 840 procedures or cause spillage upon servicing and Contractor must provide the following written notice via e-841 FINAL AGREEMENT Page 26 of 184
mail, U.S. mail, or in person (which may be by Non-Collection Notice) to the Service Recipient: (i) the date, 842 description and photograph of the Solid Waste Overage and document in the Waste Reporting System. 843 Contractor’s Non-Collection Notice for SFD Service Recipients shall also contain instructions on (a) how to 844 schedule a Large Item Collection or (b) request an additional Collection Container to eliminate future 845 Overages. 846
5.13.2 Commercial and MFD/MXD Service Recipients – Each Occurrence. Contractor 847 must provide a written notice on the Container and may provide a copy of the notice via e-mail, U.S. mail, 848 or in person (which may be by Non-Collection Notice) to the Service Recipient with the date, description 849 and photograph of the Solid Waste Overage. Contractor may collect the Solid Waste Overage and may 850 charge the Service Recipient a Solid Waste Overage fee as set forth in Exhibit 1, and increase the capacity, 851 or collection frequency of the Collection Container to match documented service needs. At least ten (10) 852 Business Days prior to increasing the Collection Container size, or frequency of Collection, Contractor’s 853 representative must also contact the Service Recipient by phone, U.S. mail, e-mail or in person (which may 854 be by Non-Collection Notice) to ensure that Service Recipient has the appropriate level of service. 855 Contractor must document overage issue in the Waste Reporting System and notify City within ten (10) 856 Business Days of any changes in Service Recipient’s Collection Container size or collection frequency. The 857 increased capacity or collection frequency will remain in effect until Contractor determines that it is no longer 858 needed to prevent overages, which may be longer than the one Calendar Year stated above. Such 859 determination will be in Contractor’s sole but reasonable discretion and will be subject to the dispute 860 resolution procedure set forth below. City will consider, and pursue as applicable, appropriate legal 861 remedies against offending Service Recipients in order to secure discontinuance of the overages. 862
5.14 Tracking Occurrences of Solid Waste Overage. Regarding Sections 5.11 – 5.13 after 863 twelve (12) months have passed from the last applicable Solid Waste Overage occurrence, the next Solid 864 Waste Overage occurrence will be deemed a first Solid Waste Overage occurrence. 865
5.15 Disputes Over Container Overflow Charges. If Service Recipient disputes a Solid Waste 866 Overage charge or container size or collection frequency change within 30 days of the disputed action, 867 Contractor must temporarily halt Solid Waste Overage charge and/or increased Maximum Service Rate 868 resulting from increasing the Collection Container size or collection frequency, and Contractor may request 869 a ruling by the City Manager to resolve the dispute. During the pendency of any request, Contractor may 870 restore Container size or number, or collection frequency, to the prior levels. A request by Contractor to the 871 City Manager to rule on any such dispute must be filed within ten (10) Business Days of Contractor’s halting 872 of Solid Waste Overage charge, or increased Maximum Rate, and must include written documentation and 873 digital/visual evidence of ongoing overall problems. The City Manager may request a meeting (in person or 874 phone) with both the Service Recipient and Contractor to resolve the dispute. Following such a meeting, the 875 City Manager will rule on the dispute within ten (10) Business Days, and the City Manager’s decision on 876 resolving the dispute between and Service Recipient will be final. If the City Manager rules in favor of the 877 Service Recipient, Contractor must credit the disputed charge or increased Maximum Service Rate. If the 878 City Manager rules in favor of Contractor, Contractor may charge Service Recipient the prior halted Solid 879 Waste Overage charge and/or increased Maximum Service Rate resulting from increasing the Solid Waste 880 FINAL AGREEMENT Page 27 of 184
Collection Container size or collection frequency and may follow the steps in Section 7.07 for collection of 881 delinquent accounts. 882
5.16 Ownership of Materials. Except as provided otherwise under Applicable Law, title to 883 Residential Waste, Commercial Solid Waste, Recyclable Materials, and Organic Waste will pass to 884 Contractor at such time as said materials are set out for Collection. 885
5.17 Spillage and Litter. Contractor may not litter premises in the process of providing Collection 886 Services or while its vehicles are on the road. Contractor must transport all materials Collected under the 887 terms of this Agreement in such a manner as to prevent the spilling or blowing of such materials from 888 Contractor's vehicles. Contractor must exercise all reasonable care and diligence in providing Collection 889 Services so as to prevent spilling or dropping of Residential Waste, Commercial Solid Waste, Recyclable 890 Materials, or Organic Materials and must immediately, at the time of occurrence, clean up such spilled or 891 dropped Residential Waste, Commercial Solid Waste, Recyclable Materials, or Organic Materials. 892
5.17.1 Except as provided in Section 12.03.3, Contractor is not responsible for cleaning 893 up sanitary conditions caused by the carelessness of the Service Recipient; however, Contractor must 894 clean up any material or residue that is spilled or scattered by Contractor or its employees. 895
5.17.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris resulting 896 from Contractor’s operations or equipment repair must be covered immediately with an absorptive material 897 and removed from the street surface. Contractor must document spillage in the Waste Reporting System 898 and notify City’s stormwater compliance coordinator within ninety (90) minutes of any spills resulting from 899 Contractor’s operations or equipment. When necessary, Contractor must apply a suitable cleaning agent 900 and cleaning technique to the street surface to provide adequate cleaning as approved by the City’s 901 stormwater compliance coordinator to be compliant with the City’s stormwater permit. 902
5.17.3 The above paragraphs notwithstanding, Contractor must clean up any spillage or 903 litter caused by Contractor within ninety (90) minutes upon notice from the City. If City deems necessary, 904 Contractor must engage third-party environmental clean-up specialist to remove any equipment oil, 905 hydraulic fluids, or any other liquid or debris that remains on street after Contractor’s own clean-up efforts. 906 If clean-up is not conducted to satisfaction of City, City has right to engage environmental clean-up 907 specialist to perform additional clean-up work at the expense of Contractor. 908
5.17.4 In the event where damage to City streets is caused by a hydraulic fluid spill (i.e., 909 any physical damage in excess of a simple cosmetic stain caused by the spill), Contractor shall be 910 responsible for all repairs to return the street to the same condition as that prior to the spill. Contractor shall 911 be responsible for all clean-up activities related to the spill. Repairs and clean-up shall be performed in a 912 manner satisfactory to the City and at no cost to the City. 913
5.17.5 To facilitate immediate cleanup, Contractor’s vehicles must always carry sufficient 914 quantities of petroleum absorbent materials along with a broom and shovel. 915 FINAL AGREEMENT Page 28 of 184
5.18 Green and Organic Waste Capacity. Contractor shall use commercially reasonable efforts 916 to guarantee capacity for all City Green and Organic Waste for the term of the Agreement using a facility 917 listed in Exhibit 9. 918
5.19 Regulations and Record Keeping. Contractor must comply with emergency notification 919 procedures required by Applicable Laws and regulatory requirements. All records required by regulations 920 must be maintained at Contractor’s facility. These records must include waste manifests, waste inventories, 921 waste characterization records, inspection records, incident reports, and training records. 922 Article 6. Collection Service Rates 923
6.01 Collection Service Rates. Contractor is solely responsible for determining the rates it will 924 charge for providing the Collection Services, provided that Contractor shall not charge any Service Recipient 925 an amount that exceeds the applicable Maximum Service Rate set forth in Exhibit 1, which may only be 926 adjusted as provided in this Agreement. 927
6.02 Senior / Low-Income Discount as Contractor’s Good Will. In exchange for the good will of 928 the City and the general public, Contractor voluntarily agrees to discount the rate it charges for Collection 929 Services provide to eligible Service Recipients (the “Discount”) and that the Discount shall neither impact 930 the Maximum Service Rates nor be otherwise paid for or subsidized by any other Service Recipients. 931 Contractor shall make the Discount available to any person who demonstrates through appropriate 932 documentation that they are: (i) 60 years of age or older; or (ii) a person of low, lower, or extremely low 933 income, and enrolled in a discounted utility program; and (iii) the service account holder; and (iv) the head 934 of household and occupant at the Service Unit address. Contractor shall provide the City and all persons in 935 the City then currently subscribed Contractor’s Discount rate program describing and explaining how to 936 qualify for and receive the Discount. Contractor shall thereafter advertise the availability of the on its website 937 throughout the Term of this Agreement and at least once per year by direct notice to all SFD Service 938 Recipients. Adjustments to Maximum Service Rates using CPI-U. Beginning on January 1, 2025, and 939 annually thereafter, Contractor shall, subject to compliance with all provisions of this Section, receive an 940 annual adjustment to the Maximum Service Rates as set forth in Exhibit 1 to this Agreement. 941
6.03 Pre-payment Discount. Contractor will provide a one-month discount to the total annual bill 942 for all SFD Service Recipients that pre-pay their bill on an annual basis. The annual pre-payment must occur 943 between January 2nd and January 31st to be effective in the current Calendar Year. 944
6.04 Maximum Service Rate Adjustment. The Maximum Service Rates in Exhibit 1 shall be 945 adjusted on January 1, 2025, and annually thereafter in accordance with this Section 6.04. No other 946 adjustments shall be made except as provided in Section 30.01. 947
6.04.1 CPI Adjustment Calculation. For Rate Year 2025, beginning on January 1, 2025, 948 and for subsequent years thereafter, the rates shall be adjusted based on one hundred percent (100%) of 949 the 12-month average change in the CPI-U for the 12-month period published immediately prior to the rate 950 application. Therefore, the first rate adjustment effective January 1, 2025 will be based on the percentage 951 change between the 12-month average of the CPI-U from August 1, 2022 through July 31, 2023, and the 952 FINAL AGREEMENT Page 29 of 184
12-month average of the CPI-U from August 1, 2023 through July 31, 2024. The index to be used shall be 953 the CUURS49ASA0 All Urban Consumers (CPI-U), Los Angeles-Long Beach-Anaheim, not seasonally 954 adjusted. 955
6.04.2 Annual Rate Cap on Maximum Service Rates. In any Calendar Year that the 956 calculation of the CPI-U exceeds four percent (4%), the total adjustment for that year will equal four percent 957 (4%) and the rollover amount will be added to the rate adjustment percentage in the following year, or any 958 subsequent year. If the CPI-U is negative (after accounting for any applicable rollover percentages from 959 prior years), there will be no CPI-U adjustment for that year. Notwithstanding any other provision of this 960 Agreement, all SFD Service Unit Maximum Service Rates shall remain below all jurisdictions, including 961 Incorporated Cities and Unincorporated County Areas, with Source Separated (Garbage, Recycling, and 962 Organic Waste) franchised collection services in the Santa Clarita Valley. 963
6.04.3 Rounding. Adjustments to the overall Service Rates shall be made only in units of 964 one cent ($0.01). Fractions of less than one cent ($0.01) shall not be considered in making adjustments. 965 All CPI indices shall be rounded at two (2) decimal places for the adjustment calculations. 966
6.04.4 Maximum Service Rate Adjustment Report. On or before September 15 of each 967 year of the Term, Contractor shall deliver to City a report on its proposed adjustment to the Maximum 968 Service Rates for the subsequent calendar year (the “Adjustment Report”). The Adjustment Report shall be 969 in a format as may be mutually agreed on between the City and Contractor and must contain or be 970 accompanied by Contractor’s adjustment calculations for the specific services performed under this 971 Agreement during the preceding Agreement Year in Microsoft Excel or other electronic format acceptable 972 to the City. Contractor shall be solely responsible for the cost of preparing the Adjustment Report. 973
6.04.4.1 Corrections. In the event the City determines the Adjustment 974 Report contains substantial errors or omissions, Contractor shall, at its sole cost, provide a corrected report 975 to the City. A corrected report submitted after September 15 shall be treated as a late report. 976
6.04.4.2 Late Report. If Contractor fails to submit the Adjustment Report by 977 September 15, the City may: (1) accept and consider the late Adjustment Report if the City, in its sole and 978 reasonable discretion, deems there is sufficient time to review and approve the proposed adjustment in 979 time for it to be implemented on January 1; or (2) accept and consider the late Adjustment Report at its 980 earliest convenience, in which case any approved rate adjustment shall only go into effect prospectively 981 thirty (30) days after the City’s approval. In no event shall Contractor apply any rate adjustment retroactively. 982
6.04.4.3 No Report. If Contractor fails to provide any Adjustment Report, 983 the Maximum Service Rate shall remain unchanged for the next calendar year. 984
6.04.5 Customer Notification. At least 30 days prior to the effective date of a rate change, 985 Contractor shall prepare and distribute, subject to the direction of the City, a notice to each Customer 986 containing the new collection rate and the effective date. Such notice shall be in a form subject to City’s 987 approval prior to its distribution and may be included with Billings made by Contractor. 988 FINAL AGREEMENT Page 30 of 184
6.05 City Approval. If Contractor provides a timely Adjustment Report, the City Manager shall 989 notify Contractor on or before December 1 whether the City has approved the requested adjustments to the 990 Maximum Service Rates for the next Rate Year. Approval of the City Council shall be required for any 991 requested rate adjustment of more than four percent (4%) . The City Manager may approve all other requests 992 or refer them to the City Council at his or her discretion. 993
6.06 Contractor payment for CPI-U review. Contractor shall be responsible for paying the cost 994 of reviewing or correcting the annual CPI-U adjustment if the City determines that Contractor has made 995 substantial errors and has not properly submitted or correctly calculated the CPI-U adjustment. 996
6.07 Extraordinary Adjustments. Contractor and City acknowledge that there may be infrequent 997 extraordinary events, including Change of Law, which, although they do not prevent either party from 998 performing, and thus do not implicate the force majeure provisions hereof, nevertheless increase the cost of 999 providing services above the Section 6.04 Maximum Service Rate Adjustment. The obligation of the parties 1000 in such event is to act reasonably toward each other in arriving at an appropriate adjustment in rates. 1001 Accordingly, at its option, Contractor may apply to the City not more frequently than once annually, for an 1002 extraordinary rate adjustment should an event or circumstance arise which negatively impacts the economic 1003 operation of Contractor and which is in excess of the rate adjustment resulting from the application of Section 1004
6.04. An extraordinary adjustment in rates will be deemed justified if it is necessary for the Contractor to 1005 make a substantial change in its operations, or substantial capital expenditure or investment in order to 1006 perform its obligations under this Agreement due to the occurrence of an event or circumstance which is 1007 beyond the reasonable control of Contractor. Extraordinary rate adjustments shall only be effective after 1008 approval by the City Council. 1009
6.07.1 Contractor’s Burden. In the event of such an application for an extraordinary rate 1010 increase, it is understood that the Contractor shall have the burden of demonstrating to the reasonable 1011 satisfaction of the City the basis for the extraordinary increase cost. Contractor shall bear the burden of 1012 justifying its request and shall be solely responsible for the cost of preparing and submitting sufficient 1013 documentation in support of its request. City in its sole reasonable discretion may request Contractor to 1014 provide any additional information it deems necessary to fully evaluate the request, and Contractor shall be 1015 solely responsible for the cost to of providing such additional information. Contractor shall allow City to 1016 review a report of its annual revenues and expenses for the services provided in the City prepared by a 1017 Certified Public Accountant or a licensed public accountant, which shall have been prepared in compliance 1018 with Rule 58 of the “Rules and Regulations of the State Board of Accountancy,” as established by the 1019 California Code of Regulations, Title 16, Chapter I (“Financial Statements”). Such Certified Public 1020 Accountant or licensed public accountant shall be entirely independent of the Contractor and shall have no 1021 financial interest whatsoever in the business of the Contractor. City shall have the right to review this 1022 information in connection with the City’s review of Contractor’s extraordinary rate adjustment request. With 1023 respect to any Financial Statements or any other non-public information (“Confidential Information”), City 1024 agrees that: (a) it will hold in confidence all Confidential Information; (b) it will restrict the disclosure of 1025 Confidential Information within its own organization and to its agents or representatives who need to know 1026 the Confidential Information for the purposes of the request; (c) it will not disclose Confidential Information 1027 to any third party, excepting those subject to subsection (b), without the prior written consent of the 1028 FINAL AGREEMENT Page 31 of 184
Disclosing Parties; (d) it will not copy and/or reproduce any Confidential Information without the prior written 1029 approval of the Contractor; and (e) it will not use Confidential Information except as required for 1030 consideration of the request. City may consider increases or decreases in Contractor’s total revenues and 1031 total cost of services when reviewing an extraordinary rate adjustment request. The City will inform the 1032 Contractor upon receiving a California Public Records Act request or a subpoena for the Confidential 1033 Information by written notice delivered to the Contractor (“Notice”). The Contractor will have five (5) days 1034 from the date of the Notice to inform the City in writing of its intent to assert its confidentiality rights under 1035 this Agreement. The Contractor will have fifteen (15) days from the date of the Notice to seek judicial 1036 assistance to prevent the disclosure of the Confidential Information. If the Contractor fails to act within the 1037 nine (9) or fifteen (15) day windows described above, the City may disclose the requested Confidential 1038 Information to the requestor or subpoenaing party. In the event Contractor seeks a court order to stay or 1039 enjoining the disclosure of the Records, Contractor agrees to indemnify and hold harmless the City, its 1040 Council, elected and appointed board or commission members, officers, employees, volunteers and agents 1041 (collectively, "Indemnitees") from and against any and all loss, liability, penalty, forfeiture, claim, demand, 1042 action, proceeding or suit in law or equity of any and every kind and description, whether judicial, quasi-1043 judicial or administrative in nature, arising or resulting from or in any way connected with the subject CPRA 1044 or FOIA request for the Records. This Indemnity shall survive the expiration or termination of this 1045 Agreement. 1046
6.07.2 Review Costs. At the time of its request, Contractor shall also submit a payment 1047 to the City of Twenty-Five Thousand Dollars ($25,000) to defray the City’s costs to review the request. In 1048 the event the City’s reasonable costs exceed that amount, Contractor shall reimburse the City for any 1049 documented amount in excess. 1050
6.07.3 Meet and Confer. The City and Contractor agree to meet and confer regarding the 1051 request and to negotiate in good faith regarding the appropriateness of the requested adjustment. 1052
6.07.4 City Review; Approval. City shall review the Contractor’s request and, in the City’s 1053 sole and reasonable judgment, make the final determination as to whether an adjustment to the Maximum 1054 Service Rates will be made, and, if an adjustment is permitted, the appropriate amount of the adjustment. 1055 Approval of the City Council shall be required for any Extraordinary Adjustments. The City shall notify 1056 Contractor of its decision within ninety (90) calendar days regarding whether it accepts Contractor’s request. 1057 Except as provided herein, any such change approved by the City shall not be implemented until January 1058 1 of the next Rate Year unless a different time frame is approved by the City Council. 1059
6.07.5 No Retroactive Adjustments. Extraordinary Adjustments may not be applied 1060 retroactively without City Council approval. Notwithstanding the preceding sentence, in no event may an 1061 Extraordinary Adjustment be applied retroactively to a date prior to July 1, 2023. Contractor may not request 1062 an Extraordinary Adjustment to Initial Service Rates, nor may Contractor request an Extraordinary 1063 Adjustment prior to December 31, 2024. 1064
6.08 Five Year Meet and Confer. The City and Contractor agree to meet and confer on or about 1065 five (5) years from the Commencement Date regarding material changes in the cost of providing services 1066 that are substantially in excess of the rate adjustments resulting from the application of Sections 6.04 and 1067 FINAL AGREEMENT Page 32 of 184
6.07. If it is determined that there have been material changes in the cost of providing services, then the City 1068 and Contractor agree to negotiate in good faith regarding appropriate adjustments to the rate. The process 1069 for demonstrating material changes in the cost of providing services shall follow the same process as outlined 1070 in Section 6.07.1. 1071
6.09 Procedures in Event of Invalidation of Rate Adjustment. In the event that City is unable by 1072 operation of Applicable Law to approve or implement a rate increase under this Article 6, or some or all of 1073 the Maximum Service Rates are disallowed by operation of Applicable Law, Contractor will have the right, 1074 within thirty (30) days after notice of any such inability to approve or invalidation of an approved rate increase, 1075 to request, in writing, that City negotiate in good faith regarding reductions in programs, services, or fees to 1076 compensate for any negative impact from the unapproved or invalidated rate increase. If City fails to 1077 commence negotiations in good faith or negotiations are not completed within forty-five (45) days following 1078 the date of receipt of Contractor’s request, either party may terminate this Agreement no earlier than one 1079 hundred and eighty (180) days after written notice to the other. 1080 Article 7. Collection Service Billing 1081
7.01 Responsibility for Collection Service Billing and Collection. Contractor shall be solely 1082 responsible for the billing and collecting payments for the Collection Services it provides within the Service 1083 Area. 1084
7.02 Invoices. Contractor shall prepare and send out invoices, by either U.S. mail or electronic 1085 mail, to each Service Recipient in advance of all services provided by Contractor under this Agreement. If 1086 sent by mail, invoices for each billing period shall be placed in a separate envelope accompanied by a self-1087 addressed return envelope. All invoices shall include Contractor’s e-mail address, include directions for 1088 payment by check, credit card, or Automated Clearing House (ACH) debit, and shall include or be 1089 accompanied by a complete billing statement showing all charges and all services provided. City shall have 1090 the right to direct Contractor to revise the format of all invoices and billing statements upon reasonable notice 1091 to Contractor. 1092
7.03 Timing; Frequency. Contractor shall not initiate billing to any Service Unit sooner than the 1093 first day of the service period of Collections Services covered by the invoice. Contractor shall invoice Service 1094 Recipients once every month for Commercial Service Units, MFD Service Units and MXD Service Units and 1095 once every Quarter for SFD Service Units. No invoice shall be considered past due until the last day of the 1096 respective month or Quarter for which Collection Services are provided. 1097
7.04 Partial Month Service. If, during a month, a Service Unit is added to or deleted from 1098 Contractor’s Service Area, Contractor shall pro-rate billing to the Service Recipient on a weekly basis, 1099 meaning one-fourth of the applicable rate found in Exhibit 1 multiplied by the number of weeks of service 1100 provided by Contractor. 1101
7.05 Overpayments. Contractor shall refund or issue a service credit for overpayments by 1102 Service Recipients no later than 30 days after Contractor discovers or is notified of the overpayment and 1103 after the payment is validated. Contractor shall refund every overpayment that: (1) exceeds two hundred 1104 FINAL AGREEMENT Page 33 of 184
dollars ($200.00) or the amount of Service Recipient’s typical invoice, whichever is less; or (2) is due to the 1105 Service Recipient closing the account prior to the end of the billing period. Contractor may issue a service 1106 credit of no more than two (2) years against future invoices for all other overpayments. 1107
7.06 Delinquent Service Accounts. Contractor shall report all Service Recipients whose 1108 accounts are delinquent by more than ninety (90) days to the Agreement Administrator on a monthly basis. 1109
7.07 Contractor’s Reservation of Legal Rights and Remedies. Notwithstanding any other 1110 provision of this Article, Contractor reserves its right to, and may take such action as is legally available to 1111 Contractor, to collect or cause collection of past due invoice amounts; provided, however, that Contractor 1112 shall never discontinue Collection Services to any Service Unit except upon fifteen (15) days prior written 1113 notice to both the Service Recipient and the Agreement Administrator. Written notice to be provided to the 1114 Service Unit no sooner than 15 days after the close of the prior quarter. Contractor may send a written notice 1115 to Service Recipient regarding payments of Billings during the billed service period. 1116 Article 8. Diversion Requirements 1117
8.01 Warranties and Representations. Contractor warrants that it is aware of and familiar with 1118 City's waste stream, and that it has the ability, and shall use commercially reasonable efforts to provide and 1119 employ sufficient programs and services to assist City in meeting or exceeding City’s Diversion goals 1120 requirements (including, without limitation, amounts of Solid Waste to be Diverted, time frames for Diversion, 1121 and any other requirements) as set forth in this Article, Applicable Law, and CalRecycle Regulations, and 1122 that Contractor will do so without imposing any costs or fees other than those set forth in Exhibit 1, except 1123 as provided in Section 30.01.1. 1124
8.01.1 Minimum Diversion Requirements. Contractor shall meet the following minimum 1125 calendar year Franchised Diversion Rates or CalRecycle Diversion Rates if subject to Waiver requested 1126 and received under Section 8.01.7: 1127
Calendar Year Franchised Diversion Rate CalRecycle Diversion Rate July - Dec 2023 40% 55%
2024 40% 55%
2025 45% 60%
2026 45% 60%
2027 50% 65%
2028 50% 65%
2029 55% 70%
2030 55% 70%
2031and After 60% 75%
FINAL AGREEMENT Page 34 of 184
8.01.2 Annual Reporting. Contractor shall calculate the actual Franchised Diversion Rate 1128 for each calendar year and shall deliver a written report regarding the same to the City no later than August 1129 15 of the year following the reporting period as set forth in Section 22.04. 1130
8.01.3 Franchised Diversion Rate Calculation. Contractor’s actual Franchised Diversion 1131 Rate for any given Calendar Year shall be calculated by dividing (i) the total tonnage of Solid Waste 1132 Collected by Contractor in the City and either Disposed of at the City approved Recyclable Materials or 1133 Organic Waste Processing Facility, scavenged, or otherwise handled in a manner that counts as Diversion 1134 under applicable CalRecycle regulations; by (ii) the total tonnage of Solid Waste Collected by Contractor in 1135 the City. 1136
8.01.3.1 Diversion for Scavenged Items. Contractor may estimate 1137 diversion of materials lost due to scavenging by determining how many work orders were 1138 submitted for Large Item Pickup and observed by the drivers as to be not out for collection. 1139 Contractor will provide a standard estimate of weight per item that is acceptable to the City. 1140
8.01.4 Failure to Meet Franchised Diversion Rate. If Contractor fails to meet the minimum 1141 calendar year Franchised Diversion Rate in a given reporting period pursuant to Section 8.01.2, it shall be 1142 subject to Administrative Charges as allowed under Article 25 and specified in Exhibit 6. Contractor must 1143 also submit a written corrective action plan to the City before March 15 of the year following the missed 1144 minimum Diversion requirement. Contractor’s corrective action plan must specify all actions Contractor will 1145 take to ensure it will meet Franchised Diversion Rates in the future, and shall be subject to the review and 1146 approval by the Agreement Administrator. Contractor’s failure to meet the minimum Franchised Diversion 1147 Rate shall not constitute a default under this Agreement so long Contractor fully implements all elements 1148 of a City approved corrective action plan. If Contractor fails to submit an adequate corrective action plan or 1149 to fully implement a City-approved corrective action plan, it shall subject Contractor to Administrative 1150 Charges as allowed under Article 25 and specified in Exhibit 6 in addition to any other remedies available 1151 to the City. 1152
8.01.5 CalRecycle Diversion Rate Calculation. The actual CalRecycle Diversion Rate for 1153 any given calendar year shall be calculated with the data provided through the electronic annual report 1154 consistent with CalRecycle and Public Resources Code Section 41780. 1155
8.01.6 Failure to Meet CalRecycle Diversion Rate. If City fails to meet any CalRecycle 1156 Diversion Rate listed in 8.01.1 due to Contractor’s failure to implement any Diversion or public education 1157 program as required by this Agreement, Contractor shall be subject to Administrative Charges as allowed 1158 under Article 25 and specified in Exhibit 6. Contractor must also submit a written corrective action plan to 1159 the City before March 15 of the year following the missed minimum CalRecycle Diversion Rate. Contractor’s 1160 corrective action plan must specify all actions Contractor will take to help the City to meeting all Diversion 1161 requirements under Applicable Law in the future, and shall be subject to the review and approval by the 1162 Agreement Administrator. If Contractor fails to submit an adequate corrective action plan or to fully 1163 implement a City-approved corrective action plan, it shall subject Contractor to Administrative Charges as 1164 allowed under Article 25 and specified in Exhibit 6 in addition to any other remedies available to the City. 1165 FINAL AGREEMENT Page 35 of 184
8.01.7 Waivers. On or about July 1, 2024, and on or about August 15 henceforth, 1166 Contractor may request to waive or revise the annual Franchised Diversion requirements. The parties agree 1167 to meet and confer, and negotiate in good faith regarding such requests, taking into account matters such 1168 as waste characterization data, trends in source reduction, the availability of permitted facilities capable of 1169 processing material to achieve the required Diversion levels, the availability of commercially viable markets 1170 for Recyclable Materials or Organic Waste, transportation constraints, embargoes, the impact of 1171 scavenging, increasing producer responsibility requirements, restrictions on single-use plastics, public 1172 safety impacts, and the passage of any other legislation that significantly impacts the waste stream mix. 1173 City, via the Agreement Administrator, may not unreasonably withhold approval of the waiver or revision 1174 provided that Contractor’s request is accompanied by sufficient documentation and granting the request 1175 would not render the City non-compliant with any State Diversion mandates. 1176
8.02 Mutual Cooperation. City and Contractor shall each reasonably cooperate in good faith 1177 with all efforts of the other Party to meet City's Diversion requirements under Applicable Law and the 1178 Contractor’s obligations under this Article. City's obligations in this regard shall include, without limitation, 1179 making such petitions and applications as may be reasonably requested by Contractor for time extensions 1180 in meeting Diversion goals, enforce provisions of 15.44.905 Enforcement in the City municipal code or other 1181 exceptions from the terms of Applicable Laws, and to agree to authorize such changes to Contractor’s 1182 Recycling, Organic Waste, or Solid Waste programs as may be reasonably requested by Contractor in order 1183 to achieve the minimum requirements of this Article. 1184
8.03 Contractor’s Diversion Programs. Contractor shall implement the Diversion programs 1185 required under this Agreement to ensure that City and Contractor comply with all Diversion requirements 1186 under Applicable Law. Contractor shall furthermore, at its sole cost and expense, (1) assist the City to 1187 respond to inquiries from, or prepare for and attend any hearing before, CalRecycle or any other regulatory 1188 agency relating to the City’s compliance with Applicable Law; prepare for and participate in CalRecycle’ s 1189 review of the City's SRRE.; apply for any extension available under Applicable Law; develop and implement 1190 a public awareness and education program consistent with the City's SRRE and Household Hazardous 1191 Waste Element and any related requirements of Applicable Law; (2) Provide the City with Recycling, source 1192 reduction, and other technical assistance as may be needed to comply with Applicable Law; (3) advise the 1193 City of additional programs or measures Contractor can, if authorized by the City, implement to increase 1194 compliance with the Diversion requirements of Applicable Law; and (4) promptly pay any and all fees, 1195 penalties, or other costs imposed on the City by CalRecycle relating to its Diversion requirements, outlined 1196 in this agreement and indemnify and hold harmless the City from and against any fines, penalties, or other 1197 liabilities, levied against the City for violation of such Diversion requirements caused by Contractor’s failure 1198 to perform its obligations hereunder. 1199
8.04 New Diversion Programs. If Contractor fails to meet any Franchised Diversion requirement 1200 or the City fails to meet any CalRecycle Diversion requirement notwithstanding Contractor’s implementation 1201 of all Diversion and public education programs as required by this Agreement, the City may direct Contractor 1202 to modify its Diversion and public education programs or implement new programs. Such modifications may 1203 constitute a City-Directed Change under Section 30.01. Contractor shall not implement new Diversion 1204 programs not described in this Agreement without the City’s prior consent. 1205 FINAL AGREEMENT Page 36 of 184
8.05 Nothing contained herein shall prohibit Contractor from meeting its diversion requirements 1206 by any alternative methods or procedures, provided it complies with AB 939, AB 341, AB 1826, AB 1594, 1207 SB 1016, SB 1383, and / or any other Applicable Law, as may be amended from time to time. Contractor’s 1208 ability to meet its diversion requirements by alternative methods per this Section 8.05 is subject to Agreement 1209 Administrator review and approval. 1210
1211
Article 9. Service Unit Types 1212
9.01 Service Units. Service Units include all the following categories of premises which are in 1213 the Service Area as of July 1, 2023 and all such premises which may be added to the Service Area by means 1214 of annexation, new construction, or as otherwise set forth in this Agreement during term of this Agreement: 1215
9.01.1 SFD Service Units. Services are specified in Article 10. 1216
9.01.2 MFD Service Units. Services are specified in Article 11. 1217
9.01.3 Mixed-use Development (MXD) Service Units. Services are specified in Article 13. 1218
9.01.4 Commercial Service Units. Services are specified in Article 12. 1219
9.01.5 City Service Units. Services are specified in Article 14. 1220
9.01.6 Any question as to whether a premise falls within one of these categories will be 1221 determined by the Agreement Administrator and the determination of the Agreement Administrator will be 1222 final. 1223
9.02 Service Unit Changes. City and Contractor acknowledge that during the term of this 1224 Agreement it may be necessary or desirable to add or delete Service Units for which Contractor will provide 1225 Service. 1226
9.02.1 Additions and Deletions. Contractor must provide services described in this 1227 Agreement to new Service Units in Contractor’s Service Area within five (5) Work Days of receipt of notice 1228 from City or the new Service Unit to begin such Service. 1229
9.03 Annexation. If during term of the Agreement, additional territory within or adjacent to the 1230 Contractor’s Service Area is acquired by City through annexation, subject to the requirements of Public 1231 Resources Code section 49520, Contractor agrees to provide Collection Services in such annexed area in 1232 accordance with the provisions and Maximum Service Rates set forth in this Agreement after termination of 1233 former contractor’s rights to provide service have been exhausted. Such Collection Services must begin 1234 within five (5) Work Days of receipt of written notice from City. Contractor may not begin Collection Service 1235 without written authorization from City. 1236
FINAL AGREEMENT Page 37 of 184
9.04 Route Map Update. Contractor must revise the Service Unit route maps to show the 1237 addition of Service Units added due to annexation and must provide such revised maps to the Agreement 1238 Administrator as requested. 1239
Article 10. Residential Service 1240
10.01 SFD Conditions of Service. Except as set forth below, Contractor must provide SFD 1241 Collection Services to all SFD Units in the Service Area, including all MFD Units subscribed to Cart or Bin 1242 Collection Service. The SFD Services are governed by the following terms and conditions: 1243
10.01.1 Curb Service. Except for those Service Recipients that choose to receive Bins for 1244 service, Contractor must provide SFD Collection Service to all SFD Service Units in the Service Area whose 1245 SFD Solid Waste is properly containerized in Garbage Carts, Recyclable Materials are properly 1246 containerized in Recycling Carts, except as set forth in Section 10.08.1; Organic Wastes are properly 1247 containerized in Organic Waste Carts, except as set forth in Section 10.09.3, where the Garbage, 1248 Recycling, and Organic Waste carts have been placed within three (3) feet of the curb, swale, paved surface 1249 of the public roadway, closest accessible roadway, or other such location agreed to by Contractor and 1250 Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and 1251 vehicle. 1252
10.01.2 Bundled SFD Cart Service. Except for those Service Recipients that City 1253 determines may receive In-Ground Service, and those Service Recipients that choose to receive Bins for 1254 service, Contractor will use a weekly Bundled SFD Solid Waste Collection Service system with one (1) 96-1255 Gallon Garbage Cart, one (1) 96-Gallon Recycling Cart, and one (1) 96-Gallon Organic Waste Cart as part 1256 of the base SFD Solid Waste Collection Service. SFD Service Recipients shall receive additional Recycling 1257 Carts and additional Organic Waste Carts to be included at no additional cost, if requested. Garbage, 1258 Recycling, and/or Organic Waste Carts with a capacity of 32-Gallon or 64-Gallon may be requested by 1259 Customers that have space constraints. Pricing for downsizing Carts, or additional Carts, relative to the 1260 base Bundled Service are included in Exhibit 1. 1261
10.01.3 In-Ground Container Collection. Contractor shall continue to provide weekly Solid 1262 Waste Collection Service to SFD Service Recipients with in-ground Containers (“In-Ground Service”). 1263 Contractor shall remove such Containers form their in-ground housing, bring them to the Collection Vehicle 1264 for dumping, and return them to the in-ground housing, covered. Contractor shall not be obligated to provide 1265 Service Recipients In-Ground Service with Organic Waste Collection as set forth in Section 10.09. 1266 Contractor is not obligated to restart In-Ground Service after Bundled SFD Cart Service is started. Maximum 1267 Service Rates for Service Recipients receiving Collection Service with in-ground Containers are set forth in 1268 Exhibit 1. 1269
10.01.4 On-Premises Service. Notwithstanding any term or definition set forth in this 1270 Agreement, Contractor must provide Collection of SFD Garbage, Recycling, and Organic Waste on the 1271 SFD Service Recipients premises to an SFD Service Unit as follows. 1272 FINAL AGREEMENT Page 38 of 184
10.01.4.1 At no additional cost to the SFD Service Unit. SFD Service Units 1273 where all adult Service Recipients residing therein have disabilities that prevent them from setting their 1274 Garbage, Recycling or Organic Waste Cart at the curb for Collection, and if a request for on-premises 1275 service has been made. Contractor shall have the right to verify eligibility. In the event of a dispute between 1276 Contractor and Service Recipient, City shall have the right to make final determination. 1277
10.01.4.2 At an additional cost to the SFD Service Unit. 1278 A. SFD Service Units where topography, steep driveways, below grade dwellings, or 1279 limited access to public streets that prevents the SFD Service Recipient from setting their Garbage, 1280 Recycling or Organic Waste Cart at the curb for Collection, as determined by the City and agreed by the 1281 Contractor, and if a request for on-premises service has been made. 1282 B. SFD Service Units inaccessible by standard 3 or 4 axel Collection Vehicles as 1283 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the 1284 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult 1285 or impossible to access using regular trash collection trucks. 1286 C. Contractor must offer “push services” to SFD Service Recipients other than those 1287 listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push services 1288 include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers 1289 from their storage location for Collection and returning the Collection Containers back to their storage 1290 location. 1291
10.01.4.3 Contractor must provide on-premises Collection Service on the 1292 same Work Day that curbside Collection would otherwise be provided to the SFD Service Unit. 1293
10.02 Frequency and Scheduling of Service. Except as set forth in Section 10.10, SFD Collection 1294 Service must be provided one (1) time per week on a scheduled route basis. SFD Collection Service must 1295 be scheduled so that all Service Units receive Garbage Collection Service, Recycling Collection Service, 1296 and Organic Waste Collection Service on the same Work Day. SFD Collection Service must be provided, 1297 commencing no earlier than 7:00 a.m. and terminating no later than 7:00 p.m., Monday through Friday, 1298 except for Holidays in accordance with Section 5.03. The hours, day, or both of Collection may be extended 1299 due to extraordinary circumstances or conditions with the prior verbal or written consent of the Agreement 1300 Administrator. 1301
10.03 Manner of Collection. The Contractor must provide Collection Service with as little 1302 disturbance as possible and must leave any Garbage, Recycling or Organic Waste Cart in an upright position 1303 at the same point it was Collected without obstructing alleys, roadways, driveways, sidewalks or mail boxes. 1304 Contractor’s employees providing Collection Service must follow the regular walk for pedestrians while on 1305 private property and may not trespass nor cross property to the adjoining premises unless the occupant or 1306 owner of both properties has given permission. Care should be taken to prevent damage to property, 1307 including flowers, shrubs, and other plantings. 1308
10.04 New Carts and Kitchen Food Waste Pails. At the start of this Agreement, Contractor must 1309 supply new Carts and Kitchen Food Waste Pails that comply with Collection Container specifications in 1310 FINAL AGREEMENT Page 39 of 184
Exhibit 4. If any changes to these specifications are adopted after the Effective Date that results in Contractor 1311 being required to replace Collection Containers before they have been fully depreciated, Contractor will be 1312 eligible for additional compensation in accordance with Section 6.07. 1313
10.05 Replacement of Carts. Contractor’s employees must take care to prevent damage to Carts 1314 by unnecessary rough treatment. However, any Cart damaged by the Contractor must be replaced by 1315 Contractor, at Contractor's expense, within five (5) Work Days at no cost or inconvenience to the Service 1316 Recipient. 1317
10.05.1 Upon notification to Contractor by City or a Service Recipient that the Service 1318 Recipient’s Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor 1319 must deliver a replacement Cart(s) to such Service Recipient within five (5) Work Days. Contractor must 1320 maintain records documenting all Cart replacements occurring and report through the Waste Reporting 1321 System monthly. 1322
10.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or 1323 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except 1324 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where 1325 Contractor elects to replace a Cart rather than repair it on-site, Contractor will be compensated for the cost 1326 of those replacements in excess of one (1) per type of Cart per Service Recipient during the term of the 1327 Agreement, in accordance with the “Cart Exchange” Service Rate set forth in Exhibit 1, or as may be 1328 adjusted by the City from time to time as provided under this Agreement. 1329
10.05.3 Contractor understands and agrees that this provision is intended to be applied on 1330 a per Cart type, individual Service Recipient basis and accordingly each Service Recipient could receive 1331 up to three (3) replacement Carts, one (1) of each type, every ten (10) years during the term of the contract. 1332
10.05.4 Repair of Garbage, Recycling and Organic Waste Carts. Contractor is responsible 1333 for the repair of Carts, including but not be limited to, hinged lids, wheels and axles. Within five (5) Work 1334 Days of notification by the City or a Service Recipient of the need for such repairs, Contractor must repair 1335 the Cart or if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service Recipient. 1336
10.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that 1337 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient 1338 within five (5) Work Days. Each SFD Service Unit is eligible to receive one (1) free Cart exchange per 1339 Calendar Year during the term of this Agreement for moving to a larger Cart size. Each SFD Service Unit 1340 is eligible to receive unlimited Cart exchanges per Calendar Year during the term of this Agreement for 1341 moving to a smaller Cart size. Accordingly, Contractor will be compensated only for the cost of those 1342 exchanges in excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in 1343 accordance with the “Cart Exchange” service rate as set forth in Exhibit 1 or as may be adjusted this 1344 Agreement. 1345
10.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service 1346 Recipient that additional Carts for Garbage, Recyclable Materials, or Organic Waste are requested, 1347 FINAL AGREEMENT Page 40 of 184
Contractor shall deliver such Carts to such Service Recipient within five (5) Work Days, at the rate set forth 1348 in Exhibit 1. 1349
10.05.7 Ownership of Carts. Ownership of Carts is vested in the Contractor. 1350
10.06 Cleaning of Collection Containers. Once each Calendar Year, if requested by the SFD 1351 Service Recipient, Contractor must clean all Collection Containers at the SFD’s premises or must replace 1352 the dirty Collection Containers with clean Collection Containers. Any Collection Container cleanings must 1353 be done in such a manner that results in no water entering the City’s storm drain system. This service must 1354 be provided at no charge to the Service Recipient, so long as the service is not requested more than once 1355 per Calendar Year. In addition, regardless of whether or not this cleaning is requested by the Service 1356 Recipient, Contractor will ensure that all Collection Containers are cleaned on an as-needed basis so as to 1357 maintain a clean appearance and proper function. Additional cleanings beyond once each Calendar Year 1358 will be subject to the Service Rate set forth in Exhibit 1. 1359
10.07 SFD Garbage Collection Service. This service is governed by the following terms and 1360 conditions: 1361
10.07.1 Non-Collection. Contractor is not required to Collect any Garbage that is not placed 1362 in a Garbage Cart. In the event of non-collection, Contractor will follow the steps set forth in Section 5.10. 1363
10.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of 1364 performing Collection Services must be transported to, and disposed of, at the Disposal Facilities listed in 1365 Exhibit 9. In the event the Disposal Facility is closed on a Work Day or excessive wait times are 1366 encountered, Contractor must transport and dispose of the Garbage at another legally permitted Disposal 1367 Facility. Notification to the City is required by the end of the same day should another facility be used. 1368 Failure to comply with this provision will result in the levy of a penalty as specified in Exhibit 6 and may 1369 result in Contractor being in default under this Agreement. 1370
10.08 SFD Recycling Service. This service is governed by the following terms and conditions: 1371
10.08.1 Overages. Corrugated cardboard that will not fit inside the Recycling Cart shall be 1372 collected as a Large Item subject to sections 10.10.1 and 10.10.2. City may direct the Contractor to deliver 1373 additional recycling carts if excessive collections are determined at a specific Service Recipient. 1374
10.08.2 Recycling - Improper Procedure. The Contractor is not required to Collect 1375 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid Waste 1376 or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are 1377 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1378 Contractor must follow the steps set forth in Section 5.07. 1379
10.08.3 Materials Recovery Facility. Except as provided in Section 5.07, all Recyclable 1380 Materials collected as a result of performing recycling services must be delivered to the Materials Recovery 1381 Facility listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified 1382 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to 1383 FINAL AGREEMENT Page 41 of 184
materials processing and marketing will be the sole responsibility of Contractor. City has the right to 1384 designate Materials Recovery Facility. 1385
10.08.4 Move In/Out Collection Service. Within three (3) months of opening a new account, 1386 at no additional charge, each SFD customer may request that Contractor provide one on-call Move-In/Out 1387 Recyclable Material Collection Service for recyclable packaging materials such as flattened cardboard 1388 boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service for each 1389 new account. This service shall only include Recyclable Materials, and in the event that the Service 1390 Recipient includes Garbage in the materials set out for Collection by Contractor, this service shall be 1391 counted as one of the SFD Service Recipient’s free annual Large Item Collections as set forth in Section 1392
10.10. 1393
10.08.5 Recycling - Changes to Services. Should changes in Applicable Law arise that 1394 necessitate any additions or deletions to the services described in this Section 10.08, including the type of 1395 items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will enter 1396 into an Agreement amendment covering such modifications to the services to be performed and the 1397 compensation to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions 1398 to such services. 1399
10.09 SFD Organic Waste Collection Service. This service is governed by the following terms 1400 and conditions: 1401
10.09.1 Organic Waste Processing Services. Contractor must ensure that all Organic 1402 Waste Collected pursuant to this Agreement is diverted from the landfill in accordance with AB 939, AB 1403 1826, AB 1594, SB 1016 and SB 1383, and any subsequent or other Applicable Law. Contractor must 1404 ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in a landfill, except 1405 for residue resulting from processing. If the organics processing facility accepts bagged organic waste 1406 (where bags are biodegradable or otherwise), then Contractor is obligated to accept bagged Organic 1407 Waste. 1408
10.09.2 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1409 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Transfer Station, that has 1410 been listed in Exhibit 9 and agreed upon by the City. All expenses related to Organic Waste processing and 1411 marketing will be the sole responsibility of Contractor. Failure to comply with this provision will result in the 1412 levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement. 1413 City has the right to designate Organic Waste Processing Facility. 1414
10.09.3 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb 1415 for Collection during the three-week period beginning December 26th each year during the term of this 1416 Agreement. Contractor must deliver the Collected Holiday Trees to an appropriate Organic Waste 1417 Processing Facility for Diversion through uses other than Alternative Daily Cover or Beneficial Use. This 1418 annual service will be provided at no additional charge to the Service Recipient. Contractor is not required 1419 to divert Holiday Trees with tinsel, flocking or ornaments. 1420 FINAL AGREEMENT Page 42 of 184
10.09.4 Non-Collection. Contractor is not required to Collect Organic Waste if the Service 1421 Recipient does not segregate the Organic Waste from Solid Waste or Recyclable Materials. Furthermore, 1422 Contractor is not required to Collect Organic Wastes that are contaminated through commingling with Solid 1423 Waste or Recyclable Materials. Contractor will address contamination in accordance with Section 5.07. 1424
10.09.5 Manure Collection Service. Contractor shall Collect all Manure placed in an 1425 Organic Waste Container at least once per week, or more often if arranged between Service Recipient and 1426 Contractor. Service Recipients may be instructed not to fill the Containers above a specified line or weight, 1427 so as not to damage the Containers or Collection Vehicle, and City shall resolve any disputes regarding the 1428 maximum weight that may be accommodated in such Containers. All Manure collected shall be diverted 1429 from landfilling through composting or other means and may not be collected or commingled with Garbage. 1430
10.09.5.1 Manure Cart Collection. Contractor shall provide Manure 1431 Collection Service to any SFD Service Recipients that require and request a Cart for Manure Collection 1432 Service at no additional charge to the Service Recipient. 1433
10.09.5.2 Manure Bin Collection. Contractor shall provide Manure Collection 1434 Service to any SFD Service Recipients that require and request a Bin for Manure Collection Service at no 1435 additional charge to the Service Recipient. 1436
10.09.6 Home Compost Bins. Contractor shall store, promote, and distribute a maximum 1437 of 500 Home Compost Bins per Calendar Year to be used by Service Recipients to compost Organic Waste. 1438 Contractor is responsible for purchase of Home Compost Bins delivered to Contractor’s place of storage. 1439
10.10 SFD Large Item Collection Service. This service is governed by the following terms and 1440 conditions: 1441
10.10.1 Conditions of Service. Contractor must provide Large Item Collection Service to all 1442 SFD Service Units in the Service Area whose Large Items have been placed within three (3) feet of the 1443 curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed 1444 to by Contractor and Service Recipient, that will provide safe and efficient accessibility to Contractor's 1445 Collection crew and vehicle. Up to four (4) times per Calendar Year each Service Recipient is entitled to 1446 receive large item disposal amounting to a combined annual maximum of the equivalent of (a) 1.5 cubic 1447 yards of uncontainerized Solid Waste, or (b) three (3) large items, or (c) ten (10) 32-gallon bags at no 1448 additional cost and expense. For subsequent collection in any Calendar Year, the Contractor shall receive 1449 compensation from the customer at the rate for such service as set in Exhibit 1. 1450
10.10.2 Frequency of Service. Large Item Collection Service will be provided on the next 1451 regular Collection day if the request is received at least two (2) Work Days in advance of the next regular 1452 Collection day. The Service Recipient may not intentionally commingle residential Large Items with other 1453 Residential Waste. 1454
FINAL AGREEMENT Page 43 of 184
10.10.3 Large Items Containing Freon. In the event Contractor Collects Large Items that 1455 contain Freon, Contractor must handle such Large Items in a manner such that the Large Items are not 1456 subject to regulation as hazardous waste under applicable State and Federal laws or regulations. 1457
10.10.4 Maximum Reuse and Recycling. Contractor must dispose of Large Items collected 1458 from Service Units pursuant to this Agreement in accordance with the following hierarchy: 1459
10.10.4.1 Reuse as is (where energy efficiency is not compromised) 1460
10.10.4.2 Disassemble for reuse or Recycling 1461
10.10.4.3 Recycle 1462
10.10.4.4 Disposal 1463
10.10.5 Disposal of Large Items. Contractor may not landfill such Large Items unless the 1464 Large Items cannot be reused or recycled. 1465
10.10.6 City Direction of Large Items. City reserves the right to direct Contractor to take 1466 specific types of Large Items Collected pursuant to this Section to designated sites not more than twenty 1467 (20) miles from any City boundary for the purpose of reuse or recycling at no cost. Contractor has no 1468 obligation to dispose of the Large Item residue remaining at the directed site or sites after scavengers and 1469 recyclers have removed reusable or recyclable Large Items. 1470
10.11 Sharps Collection Program. Home generated sharps, such as needles, syringes, and 1471 lancets shall be placed in a sharps container and removed from the regular waste stream to minimize 1472 exposure to Solid Waste workers and Recyclable Materials processors. To ensure sharps are handled in a 1473 appropriate manner, Contractor shall provide, upon request, each SFD Service Recipient with up to one 1474 postage-paid mail-back sharps container per year at no additional cost. Seniors shall be provided with up to 1475 two postage-paid mail-back sharps containers per year at no additional cost. In addition, Contractor shall 1476 promote this program in newsletters and in other forms of outreach as determined by City. Additionally, 1477 Contractor shall provide to the City on an annual basis not less than 200 postage-paid mail-back Sharps 1478 containers for City staff to distribute at special events. 1479
10.12 Extended Producer Responsibility Diversion Program. Contractor shall provide a minimum 1480 of two City-wide textile, carpet, and mattress collection drives on an annual basis. Contractor will schedule 1481 collection events with City approval and advertise the drop-off events not less than one week prior to the 1482 scheduled collection event, but no more than one month prior to the scheduled collection event. All textile, 1483 carpet and mattresses Collected through this program shall be diverted from the landfill either through 1484 donation to a local non-profit organization or through other means of Diversion. 1485 FINAL AGREEMENT Page 44 of 184
Article 11. MFD Service 1486
11.01 MFD Conditions of Service. Except as set forth below, Contractor must provide MFD 1487 Collection Services to all MFD Units in the Service Area. The MFD Services are governed by the following 1488 terms and conditions: 1489
11.01.1 Bundled MFD Cart Service. Except for those Service Recipients that choose to 1490 receive Bins for service, Contractor must provide MFD Collection Service to all MFD Service Units in the 1491 Service Area whose MFD Solid Waste is properly containerized in Garbage Carts, Recyclable Materials 1492 are properly containerized in Recycling Carts, except as set forth in Section 11.08.1; Organic Wastes are 1493 properly containerized in Organic Waste Carts, except as set forth in Section 11.09.3, where the Garbage, 1494 Recycling, and Organic Waste carts have been placed within three (3) feet of the curb, swale, paved surface 1495 of the public roadway, closest accessible roadway, or other such location agreed to by Contractor and 1496 Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and 1497 vehicle. 1498
11.01.2 Bundled MFD Bin Service. Contractor must provide MFD Solid Waste Collection 1499 Service to MFD Service Units in the Service Area that choose to receive Bins for service. MFD Collection 1500 Service shall be provided in Garbage Bins at the size and frequency as requested by the MFD Service 1501 Recipient, and including at no additional cost the equivalent volume of recycling, and one (1) 32-Gallon 1502 Organic Waste Cart per 2 cu yd of weekly Garbage service as part of the base bundled MFD Collection 1503 Service. MFD Service Recipients shall receive additional Recycling Carts and additional Organic Waste 1504 Carts to be included at no additional cost, if requested. The actual configuration of Recycling and Organic 1505 Waste Cart and/or Bin sizes shall be based on the total equivalent volume and configured in a manner 1506 determined by the Service Recipient in consultation with the Contractor. Additional services may be 1507 requested by the MFD Service Recipient. To be considered for an exemption from MFD Recycling Service 1508 or MFD Organic Waste Collection Service, Service Recipient must apply for exemption to the City. All such 1509 exemption applications must be reported in the Waste Reporting System and approved by the City. Pricing 1510 for downsizing Carts, or additional Carts, relative to the base Bundled Service are included in Exhibit 1. 1511
11.01.3 In-Ground Container Collection. Contractor shall continue to provide weekly Solid 1512 Waste Collection Service to MFD Service Recipients with in-ground Containers (“In-Ground Service”). 1513 Contractor shall remove such Containers form their in-ground housing, bring them to the Collection Vehicle 1514 for dumping, and return them to the in-ground housing, covered. Contractor shall not be obligated to provide 1515 Service Recipients In-Ground Service with Organic Waste Collection as set forth in Section 11.09. 1516 Contractor is not obligated to restart In-Ground Service after Bundled MFD Cart Service is started. 1517 Maximum Service Rates for Service Recipients receiving Collection Service with in-ground Containers are 1518 set forth in Exhibit 1. 1519
11.01.4 On-Premises Service. Notwithstanding any term or definition set forth in this 1520 Agreement, Contractor must provide Collection of MFD Garbage, Recycling, and Organic Waste on the 1521 MFD Service Recipients premises to an MFD Service Unit as follows. 1522 FINAL AGREEMENT Page 45 of 184
11.01.4.1 At no additional cost to the MFD Service Unit. MFD Service Units 1523 where all adult Service Recipients residing therein have disabilities that prevent them from setting their 1524 Garbage, Recycling or Organic Waste Cart at the curb for Collection, and if a request for on-premises 1525 service has been made. Contractor shall have the right to verify eligibility. In the event of a dispute between 1526 Contractor and Service Recipient, City shall have the right to make final determination. 1527 1528
11.01.4.2 At an additional cost to the MFD Service Unit. 1529 A. MFD Service Units where topography, steep driveways, below grade dwellings, or 1530 limited access to public streets that prevents the MFD Service Recipient from setting their Garbage, 1531 Recycling or Organic Waste Cart at the curb for Collection, as determined by the City and agreed by the 1532 Contractor, and if a request for on-premises service has been made. 1533 B. MFD Service Units inaccessible by standard 3 or 4 axel Collection Vehicles as 1534 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the 1535 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult 1536 or impossible to access using regular trash collection trucks. 1537 C. Contractor must offer “push services” to MFD Service Recipients other than those 1538 listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push services 1539 include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers 1540 from their storage location for Collection and returning the Collection Containers back to their storage 1541 location. 1542
11.01.4.3 Contractor must provide on-premises Collection Service on the 1543 same Work Day that curbside Collection would otherwise be provided to the MFD Service Unit. 1544
11.02 Frequency and Scheduling of Service. This service must be provided as deemed 1545 necessary and determined between Contractor and the MFD Service Unit, but such service must be received 1546 no less than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection 1547 service scheduled to fall on a holiday may be rescheduled as determined between the Service Unit and 1548 Contractor as long as the minimum frequency requirement is met. The size of the container and the 1549 frequency (above the minimum) of Collection will be determined between the MFD Service Unit and 1550 Contractor. However, size and frequency must be sufficient to provide that no Solid Waste need be placed 1551 outside the Collection Container. Contractor must provide containers as part of the Commercial Collection 1552 Maximum Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own Compactor 1553 provided that the Service Recipient is completely responsible for its proper maintenance, and such 1554 Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers used 1555 by Service Recipients must be owned and supplied by Contractor. 1556
11.03 Manner of Collection. The Contractor must provide Collection Service with as little 1557 disturbance as possible and must leave any Garbage, Recycling or Organic Waste Cart in an upright position 1558 at the same point it was Collected without obstructing alleys, roadways, driveways, sidewalks or mail boxes. 1559 Contractor’s employees providing Collection Service must follow the regular walk for pedestrians while on 1560 FINAL AGREEMENT Page 46 of 184
private property and may not trespass nor cross property to the adjoining premises unless the occupant or 1561 owner of both properties has given permission. Care should be taken to prevent damage to property, 1562 including flowers, shrubs, and other plantings. 1563
11.04 New Carts and Kitchen Food Waste Pails. At the start of this Agreement, Contractor must 1564 supply new Carts and Kitchen Food Waste Pails that comply with Collection Container specifications in 1565 Exhibit 4. If any changes to these specifications are adopted after the Effective Date that results in Contractor 1566 being required to replace Collection Containers before they have been fully depreciated, Contractor will be 1567 eligible for additional compensation in accordance with Section 6.07. 1568
11.05 Replacement of Carts. Contractor’s employees must take care to prevent damage to Carts 1569 by unnecessary rough treatment. However, any Cart damaged by the Contractor must be replaced by 1570 Contractor, at Contractor's expense, within five (5) Work Days at no cost or inconvenience to the Service 1571 Recipient. 1572
11.05.1 Upon notification to Contractor by City or a Service Recipient that the Service 1573 Recipient’s Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor 1574 must deliver a replacement Cart(s) to such Service Recipient within five (5) Work Days. Contractor must 1575 maintain records documenting all Cart replacements occurring and report through the Waste Reporting 1576 System monthly. 1577
11.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or 1578 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except 1579 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where 1580 Contractor elects to replace a Cart rather than repair it on-site, Contractor will be compensated for the cost 1581 of those replacements in excess of one (1) per type of Cart per Service Recipient during the term of the 1582 Agreement, in accordance with the “Cart Exchange” Service Rate set forth in Exhibit 1, or as may be 1583 adjusted by the City from time to time as provided under this Agreement. 1584
11.05.3 Contractor understands and agrees that this provision is intended to be applied on 1585 a per Cart type, individual Service Recipient basis and accordingly each Service Recipient could receive 1586 up to three (3) replacement Carts, one (1) of each type, every ten (10) years during the term of the contract. 1587
11.05.4 Repair of Garbage, Recycling and Organic Waste Carts. Contractor is responsible 1588 for the repair of Carts, including but not be limited to, hinged lids, wheels and axles. Within five (5) Work 1589 Days of notification by the City or a Service Recipient of the need for such repairs, Contractor must repair 1590 the Cart or if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service Recipient. 1591
11.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that 1592 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient 1593 within five (5) Work Days. Each MFD Service Unit is eligible to receive one (1) free Cart exchange per 1594 Calendar Year during the term of this Agreement for moving to a larger Cart size. Each MFD Service Unit 1595 is eligible to receive unlimited Cart exchanges per Calendar Year during the term of this Agreement for 1596 moving to a smaller Cart size. Accordingly, Contractor will be compensated only for the cost of those 1597 FINAL AGREEMENT Page 47 of 184
exchanges in excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in 1598 accordance with the “Cart Exchange” service rate as set forth in Exhibit 1 or as may be adjusted this 1599 Agreement. 1600
11.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service 1601 Recipient that additional Carts for Garbage, Recyclable Materials, or Organic Waste are requested, 1602 Contractor shall deliver such Carts to such Service Recipient within five (5) Work Days, at the rate set forth 1603 in Exhibit 1. 1604
11.05.7 Ownership of Carts. Ownership of Carts is vested in the Contractor. 1605
11.06 Cleaning of Collection Containers. Once each Calendar Year, if requested by the MFD, 1606 Contractor must clean all Collection Containers at the MFD’s premises or must replace the dirty Collection 1607 Containers with clean Collection Containers. Any Collection Container cleanings must be done in such a 1608 manner that results in no water entering the City’s storm drain system. This service must be provided at no 1609 charge to the Service Recipient, so long as the service is not requested more than once per Calendar Year. 1610 In addition, regardless of whether or not this cleaning is requested by the Service Recipient, Contractor will 1611 ensure that all Collection Containers are cleaned on an as-needed basis so as to maintain a clean 1612 appearance and proper function. Additional cleanings beyond once each Calendar Year will be subject to 1613 the Service Rate set forth in Exhibit 1. 1614
11.07 MFD Garbage Collection Service. This service is governed by the following terms and 1615 conditions: 1616
11.07.1 Non-Collection. Contractor is not required to Collect any Garbage that is not placed 1617 in a Garbage Cart. In the event of non-collection, Contractor will follow the steps set forth in Section 5.10. 1618
11.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of 1619 performing Collection Services must be transported to, and disposed of, at the Disposal Facilities listed in 1620 Exhibit 9. In the event the Disposal Facility is closed on a Work Day, Contractor must transport and dispose 1621 of the Garbage at another legally permitted Disposal Facility. Failure to comply with this provision will result 1622 in the levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this 1623 Agreement. 1624
11.08 MFD Recycling Service. This service is governed by the following terms and conditions: 1625
11.08.1 Overages. Corrugated cardboard that will not fit inside the Recycling Cart shall be 1626 collected as a Large Item subject to sections 10.10.1 and 10.10.2. City may direct the Contractor to deliver 1627 additional recycling carts if excessive collections are determined at a specific Service Recipient. 1628
11.08.2 Recycling - Improper Procedure. The Contractor is not required to Collect 1629 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid Waste 1630 or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are 1631 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1632 Contractor must follow the steps set forth in Section 5.07. 1633 FINAL AGREEMENT Page 48 of 184
11.08.3 Materials Recovery Facility. Except as provided in Section 5.07, all Recyclable 1634 Materials collected as a result of performing recycling services must be delivered to the Materials Recovery 1635 Facility listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified 1636 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to 1637 materials processing and marketing will be the sole responsibility of Contractor. City has the right to 1638 designate Materials Recovery Facility. 1639
11.08.4 Move In/Out Collection Service. Within three (3) months of opening a new account, 1640 at no additional charge, each MFD customer may request that Contractor provide one on-call Move-In/Out 1641 Recyclable Material Collection Service for recyclable packaging materials such as flattened cardboard 1642 boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service for each 1643 new account. This service shall only include Recyclable Materials, and in the event that the Service 1644 Recipient includes Garbage in the materials set out for Collection by Contractor, this service shall be 1645 counted as one of the MFD Service Recipient’s free annual Large Item Collections as set forth in Section 1646
11.10. 1647
11.08.5 Recycling - Changes to Services. Should changes in Applicable Law arise that 1648 necessitate any additions or deletions to the services described in this Section 11.08, including the type of 1649 items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will enter 1650 into an Agreement amendment covering such modifications to the services to be performed and the 1651 compensation to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions 1652 to such services. 1653
11.09 MFD Organic Waste Collection Service. This service is governed by the following terms 1654 and conditions: 1655
11.09.1 Organic Waste Processing Services. Contractor must ensure that all Organic 1656 Waste Collected pursuant to this Agreement is diverted from the landfill in accordance with AB 939, AB 1657 1826, AB 1594, SB 1016 and SB 1383, and any subsequent or other Applicable Law. Contractor must 1658 ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in a landfill, except 1659 for residue resulting from processing. If the organics processing facility accepts bagged organic waste 1660 (where bags are biodegradable or otherwise), then Contractor is obligated to accept bagged Organic 1661 Waste. 1662
11.09.2 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1663 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Transfer Station, that has 1664 been listed in Exhibit 9 and agreed upon by the City. All expenses related to Organic Waste processing and 1665 marketing will be the sole responsibility of Contractor. Failure to comply with this provision will result in the 1666 levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement. 1667 City has the right to designate Organic Waste Processing Facility. 1668
11.09.3 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb 1669 for Collection during the three-week period beginning December 26th each year during the term of this 1670 Agreement. Contractor must deliver the Collected Holiday Trees to an appropriate Organic Waste 1671 FINAL AGREEMENT Page 49 of 184
Processing Facility for Diversion through uses other than Alternative Daily Cover or Beneficial Use. This 1672 annual service will be provided at no additional charge to the Service Recipient. Contractor is not required 1673 to divert Holiday Trees with tinsel, flocking or ornaments. 1674
11.09.4 Non-Collection. Contractor is not required to Collect Organic Waste if the Service 1675 Recipient does not segregate the Organic Waste from Solid Waste or Recyclable Materials. Furthermore, 1676 Contractor is not required to Collect Organic Wastes that are contaminated through commingling with Solid 1677 Waste or Recyclable Materials. Contractor will address contamination in accordance with Section 5.07. 1678
11.09.5 Manure Collection Service. Contractor shall Collect all Manure placed in an 1679 Organic Waste Container at least once per week, or more often if arranged between Service Recipient and 1680 Contractor. Service Recipients may be instructed not to fill the Containers above a specified line or weight, 1681 so as not to damage the Containers or Collection Vehicle, and City shall resolve any disputes regarding the 1682 maximum weight that may be accommodated in such Containers. All Manure collected shall be diverted 1683 from landfilling through composting or other means and may not be collected or commingled with Garbage. 1684
11.09.5.1 Manure Cart Collection. Contractor shall provide Manure Collection 1685 Service to any MFD Service Recipients that require and request a Cart for Manure Collection Service at no 1686 additional charge to the Service Recipient. 1687
11.09.5.2 Manure Bin Collection. Contractor shall provide Manure Collection 1688 Service to any MFD Service Recipients that require and request a Bin for Manure Collection Service at no 1689 additional charge to the Service Recipient. 1690
11.09.6 Home Compost Bins. Contractor shall store, promote, and distribute a maximum 1691 of 500 Home Compost Bins per Calendar Year to be used by Service Recipients to compost Organic Waste. 1692 Contractor is responsible for purchase of Home Compost Bins delivered to Contractor’s place of storage. 1693
11.10 MFD Large Item Collection Service. This service is governed by the following terms and 1694 conditions: 1695
11.10.1 Conditions of Service. Contractor must provide Large Item Collection Service to all 1696 MFD Service Units in the Service Area whose Large Items have been placed within three (3) feet of the 1697 curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed 1698 to by Contractor and Service Recipient, that will provide safe and efficient accessibility to Contractor's 1699 Collection crew and vehicle. Up to four (4) times per Calendar Year each Service Recipient is entitled to 1700 receive large item disposal amounting to a combined annual maximum of the equivalent of (a) 1.5 cubic 1701 yards of uncontainerized Solid Waste, or (b) three (3) large items, or (c) ten (10) 32-gallon bags at no 1702 additional cost and expense. For subsequent collection in any Calendar Year, the Contractor shall receive 1703 compensation from the customer at the rate for such service as set in Exhibit 1. 1704
11.10.2 Frequency of Service. Large Item Collection Service will be provided on the next 1705 regular Collection day if the request is received at least two (2) Work Days in advance of the next regular 1706 FINAL AGREEMENT Page 50 of 184
Collection day. The Service Recipient may not intentionally commingle residential Large Items with other 1707 Residential Waste. 1708
11.10.3 Large Items Containing Freon. In the event Contractor Collects Large Items that 1709 contain Freon, Contractor must handle such Large Items in a manner such that the Large Items are not 1710 subject to regulation as hazardous waste under applicable State and Federal laws or regulations. 1711
11.10.4 Maximum Reuse and Recycling. Contractor must dispose of Large Items collected 1712 from Service Units pursuant to this Agreement in accordance with the following hierarchy: 1713
11.10.4.1 Reuse as is (where energy efficiency is not compromised) 1714
11.10.4.2 Disassemble for reuse or Recycling 1715
11.10.4.3 Recycle 1716
11.10.4.4 Disposal 1717
11.10.5 Disposal of Large Items. Contractor may not landfill such Large Items unless the 1718 Large Items cannot be reused or recycled. 1719
11.10.6 City Direction of Large Items. City reserves the right to direct Contractor to take 1720 specific types of Large Items Collected pursuant to this Section to designated sites not more than twenty 1721 (20) miles from any City boundary for the purpose of reuse or recycling at no cost. Contractor has no 1722 obligation to dispose of the Large Item residue remaining at the directed site or sites after scavengers and 1723 recyclers have removed reusable or recyclable Large Items. 1724 1725
11.11 Sharps Collection Program. Home generated sharps, such as needles, syringes, and 1726 lancets shall be placed in a sharps container and removed from the regular waste stream to minimize 1727 exposure to Solid Waste workers and Recyclable Materials processors. To ensure sharps are handled in 1728 an appropriate manner, Contractor shall provide, upon request, each MFD Service Recipient with up to 1729 one postage-paid mail-back sharps container per year at no additional cost. Seniors shall be provided 1730 with up to two postage-paid mail-back sharps containers per year at no additional cost. In addition, 1731 Contractor shall promote this program in newsletters and in other forms of outreach as determined by 1732 City. 1733
1734
Article 12. Commercial Service 1735
12.01 Commercial Conditions of Service. Except as set forth below, Contractor must provide 1736 Commercial Collection Services to all Commercial Service Units in the Service Area, including MXD Service 1737 Units and those City Service Units listed in Exhibit 3. MFD Units serviced with Bins will abide by the 1738 guidelines listed in this Section but are serviced as part of the Residential Collection Service. This service is 1739 governed by the following terms and conditions: 1740
FINAL AGREEMENT Page 51 of 184
12.01.1 Provision of Service. Contractor must provide Commercial Garbage Collection 1741 Service, Commercial Recycling Service and Commercial Organic Waste Collection Service to all 1742 Commercial Service Units Service Units in the Service Area whose Solid Waste, Recyclable Materials, and 1743 Organics Waste are properly containerized in Collection Containers as appropriate where the Collection 1744 Containers are accessible as set forth in Section 12.01.4. Contractor must offer Garbage, Recyclable 1745 Materials, and Organic Waste Carts in 32, 64, and 96-gallon sizes. Contractor must offer Garbage and 1746 Recyclable Materials Bins in 1, 2, 3, 4, and 6-cubic yard sizes and 1, and 2-cubic yard sizes for Organic 1747 Waste Bins. The size of the container and the frequency (above the minimum) of Collection will be 1748 determined between the Service Recipient and Contractor. However, the size and frequency must be 1749 sufficient to provide that no Garbage, Recyclable Materials, or Organic Waste need be placed outside the 1750 Collection Container. The base Commercial Collection Service will include Commercial Recycling Service 1751 as described in Section 12.04.2 below, and Commercial Organic Waste Collection Service as described in 1752 Section 12.05.5 below. All bins to be labeled with maximum weight limits. If the bins are found to be over 1753 the weight limit, the Contractor may choose to not service the bin. The service account holder must be 1754 notified within 24 hours by the Contractor identifying which bin is over the weight limit. 1755 1756
12.01.2 Bundled Service. For the Commercial Solid Waste Collection Service system, 1757 Contractor shall provide Garbage Bins as requested by the Commercial Service Recipient, and including 1758 at no additional cost the equivalent volume of recycling, and one (1) 32-Gallon Organic Waste Cart per 2 1759 cu yd of weekly garbage service as part of the base bundled Commercial Collection Service. The actual 1760 configuration of Recycling and Organic Waste Cart and/or Bin sizes shall be based on the total equivalent 1761 volume and configured in a manner determined by the Service Recipient in consultation with the Contractor. 1762 Additional services may be requested by the Commercial Service Recipient. To be exempted from 1763 Commercial Recycling Service or Commercial Organic Waste Collection Service, Service Recipient must 1764 apply for exemption to the City. All such exemption applications must be reported in the Waste Reporting 1765 System and approved by the City. 1766
12.01.3 Hours of Collection. Commercial Collection Service must be provided as set forth 1767 in Section 15.44.600 of the Municipal Code, commencing no earlier than 5:00 a.m., and terminating no later 1768 than 7:00 p.m., Monday through Saturday, except for Holidays. If the Commercial Collection Service is 1769 adjacent to Residential Premises, then collection service will be provided no earlier than 7:00 a.m. Monday 1770 through Friday and 8:00am on Saturday. The hours, day, or both of Collection may be extended due to 1771 extraordinary circumstances or conditions with the prior verbal or written consent of the Agreement 1772 Administrator. 1773
12.01.4 Accessibility. Contractor must Collect all Collection Containers that are readily 1774 accessible to Contractor's crew and vehicles and not blocked. However, Contractor must provide “push 1775 services” and “stinger/scout truck services” as necessary upon request during the provision of Commercial 1776 Collection Services for the Service Rate set forth in Exhibit 1. Push services include, but are not limited to, 1777 dismounting from the Collection Vehicle, moving the Collection Containers from their storage location for 1778 Collection and returning the Collection Containers back to their storage location. Stinger/scout truck 1779 FINAL AGREEMENT Page 52 of 184
services provide for the retrieval of Collection Containers from locations with accessibility constraints that 1780 make Containers difficult or impossible to access using regular trash collection trucks. 1781
12.01.5 Manner of Collection. Contractor must provide Commercial Collection Service with 1782 as little disturbance as possible and must leave any Collection Container at the same point it originally 1783 located without obstructing alleys, roadways, driveways, sidewalks or mail boxes. 1784
12.02 New Containers. At the start of this Agreement, Contractor must supply new Carts and 1785 newly painted Bins and Roll-off Containers in good condition that comply with Collection Container 1786 specifications in Exhibit 4. If any changes to these specifications are adopted after the Effective Date that 1787 results in Contractor being required to replace Collection Containers before they have been fully depreciated, 1788 Contractor will be eligible for additional compensation in accordance with Section 30.01.1. 1789
12.02.1 Purchase and Distribution of Collection Containers for New Commercial Service 1790 Units. Contractor must also distribute newly painted Collection Containers as specified in Exhibit 4 to new 1791 Commercial and MFD/MXD Service Units that are added to Contractor’s Service Area during the term of 1792 this Agreement. The size and mix of the Collection Containers will be in accordance with the service 1793 agreement obtained by Contractor as set forth in this Agreement and the distribution must be completed 1794 within five (5) Work Days of receipt of the request for service. 1795
12.02.2 Replacement of Collection Containers. Contractor’s employees must avoid 1796 damage to Collection Containers by unnecessary rough treatment. Any Collection Container damaged by 1797 the Contractor must be replaced by Contractor, at Contractor's expense, within five (5) Work Days at no 1798 cost or inconvenience to the Service Recipient. 1799
12.02.2.1 Each Commercial Service Unit is entitled to the replacement of 1800 one (1) lost, destroyed, or stolen Garbage, Recycling, and Organic Collection Container during the initial 1801 term of this Agreement at no cost to the Service Unit. Accordingly, Contractor will be compensated for the 1802 cost of those replacements in excess of one (1) Garbage, Recycling, and Organic Collection Container per 1803 Commercial Service Unit during the initial term of the Agreement, in accordance with the “Collection 1804 Container Exchange” Service Rate, as appropriate, set forth in Exhibit 1. Contractor must deliver a 1805 replacement Collection Container to such Service Unit within five (5) Work Days. 1806
12.02.3 Repair of Collection Containers. Contractor is responsible for repair of Collection 1807 Containers. Within five (5) Work Days of notification by City or a Service Recipient of the need for such 1808 repairs, Contractor must repair/repaint the Collection Container or if necessary, remove the Collection 1809 Container for repairs and deliver a replacement Collection Container to the Service Recipient. Collection 1810 Container repair also includes the removal of graffiti from the Collection Container. 1811
12.02.4 Collection Container Exchange. Upon notification to Contractor by City or a Service 1812 Recipient that a change in their Collection Containers is required, Contractor must deliver such Collection 1813 Containers to such Service Recipient within five (5) Work Days. Each Commercial Service Unit is eligible 1814 to receive one (1) free Collection Container exchange per Calendar Year during the term of this Agreement. 1815 Contractor is allowed to charge the Service Unit for the cost of those exchanges in excess of one (1) 1816 FINAL AGREEMENT Page 53 of 184
Collection Container exchange per Calendar Year, in accordance with the appropriate “Collection Container 1817 Exchange” service rate set forth in Exhibit 1 as may be adjusted by City under this Agreement. Additional 1818 Collection Containers or different size Collection Containers are subject to the applicable Service Rate set 1819 forth in Exhibit 1. 1820
12.02.5 Ownership of Collection Containers. Ownership of Collection Containers 1821 distributed by Contractor is vested in Contractor. 1822
12.02.6 Cleaning of Collection Containers. Once each Calendar Year, if requested by the 1823 Commercial Service Unit, Contractor must clean all Collection Containers at the Commercial Service Unit’s 1824 premises or must replace the dirty Collection Containers with clean Collection Containers. Any Collection 1825 Container cleanings must be done in such a manner that results in no water entering the City’s storm drain 1826 system. This service must be provided at no charge to the Service Unit, so long as the service is not 1827 requested more than once per Calendar Year. In addition, regardless of whether or not this cleaning is 1828 requested by the Service Unit, Contractor will ensure that all Collection Containers are cleaned on an as-1829 needed basis so as to maintain a clean appearance and proper function. Additional cleanings beyond once 1830 each Calendar Year will be subject to the Service Rate set forth in Exhibit 1. 1831
12.03 Commercial Garbage Collection Service. 1832
12.03.1 Conditions of Service. Contractor must provide Commercial Garbage Collection 1833 Service to all Commercial Service Units in the Service Area whose Garbage is properly containerized in 1834 Garbage Collection Containers, where the Garbage Collection Containers are accessible. 1835
12.03.2 Size and Frequency of Service. This service must be provided as deemed 1836 necessary and determined between Contractor and the Commercial Service Unit, but such service must 1837 be received no less than one (1) time per week with no exception for holiday(s) as set forth herein, except 1838 that Collection service scheduled to fall on a holiday may be rescheduled as determined between the 1839 Service Unit and Contractor as long as the minimum frequency requirement is met. The size of the container 1840 and the frequency (above the minimum) of Collection will be determined between the Commercial Service 1841 Unit and Contractor. However, size and frequency must be sufficient to provide that no Solid Waste need 1842 be placed outside the Collection Container. Contractor must provide containers as part of the Commercial 1843 Collection Maximum Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own 1844 Compactor provided that the Service Recipient is completely responsible for its proper maintenance, and 1845 such Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers 1846 used by Service Recipients must be owned and supplied by Contractor. 1847
12.03.3 Non-Collection. Contractor is not required to Collect any Commercial Solid Waste 1848 that is not placed in a Garbage Collection Container unless such Commercial Solid Waste is outside the 1849 Garbage Collection Container because of overflow. In the event of non-collection or overflow, Contractor 1850 must follow the steps as set forth in Section 5.13. 1851
12.03.4 Disposal Facility. All Solid Waste collected as a result of performing Commercial 1852 Solid Waste Collection Services must be transported to, and disposed of, at the Disposal Facility. In the 1853 FINAL AGREEMENT Page 54 of 184
event the Disposal Facility is closed on a Work Day, Contractor must transport and dispose of Solid Waste 1854 at another legally permitted disposal facility. Failure to comply with this provision will result in the levy of a 1855 penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement. City 1856 has the right to designate Disposal Facility and agrees to adjust Maximum Service Rates to reflect City’s 1857 exercise of flow control rights. 1858
12.04 Commercial Recycling Service. This service is governed by the following terms and 1859 conditions: 1860
12.04.1 Conditions of Service. Contractor must provide Commercial Recycling Service to 1861 all Commercial Service Units in the Service Area whose Recyclable Materials are properly containerized in 1862 Recycling Collection Containers except as set forth below, where the Recycling Collection Containers are 1863 accessible. The Maximum Service Rates for Contractor’s Commercial Recycling Services are set forth in 1864 Exhibit 1. 1865
12.04.2 Base Commercial Recycling Service. All Commercial Service Recipients 1866 subscribing to Commercial Solid Waste Collection Service must receive weekly collection of Recycling 1867 Materials with a minimum of at least one 96-gallon Recycling Cart per Service Recipient and included in 1868 the Bundled Rate set forth in Exhibit 1. The actual configuration of Recycling Collection Container sizes to 1869 be provided will be based on the total equivalent volume and configured in a manner determined by the 1870 Service Recipient in consultation with Contractor. 1871
12.04.3 Size and Frequency of Service. This service will be provided as deemed necessary 1872 and determined between Contractor and the Service Recipient, but such service must be received no less 1873 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service 1874 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and 1875 Contractor as long as the minimum frequency requirement is met. Service may be provided by Collection 1876 Container at the option of the Service Recipient. The size of the Collection Container and the frequency 1877 (above the minimum) of Collection will be determined between the Service Recipient and Contractor. 1878 However, size and frequency must be sufficient to provide that no Recyclable Materials need be placed 1879 outside the Collection Container. Contractor may charge for Commercial Recycling Services above the 1880 weekly trash volume equivalent and must provide Recycling Collection Containers as a part of the Bundled 1881 Service with rates set forth in Exhibit 1. Service Recipients may own and provide their own Compactor 1882 provided that the Service Recipient is completely responsible for its proper maintenance, and such 1883 Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers used 1884 by Service Recipients must be owned and supplied by Contractor. 1885
12.04.4 Recycling - Improper Procedure. Contractor is not required to Collect Recyclable 1886 Materials if the Service Recipient does not segregate the Recyclable Materials from Commercial Solid 1887 Waste and Organic Waste. Furthermore, Contractor is not required to collect Recyclable Materials that are 1888 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1889 Contractor must follow the steps as set forth in Section 5.07. 1890 FINAL AGREEMENT Page 55 of 184
12.04.5 Materials Recovery Facility. All Recyclable Materials Collected as a result of 1891 performing Recycling Services must be delivered to the Materials Recovery Facility listed in Exhibit 9. 1892 Failure to comply with this provision will result in the levy of a penalty as specified in Exhibit 6 and may 1893 result in Contractor being in default under this Agreement. All expenses related to materials processing and 1894 marketing will be the sole responsibility of Contractor. City has the right to designate Materials Recovery 1895 Facility and agrees to adjust Maximum Service Rates to reflect City’s exercise of flow control rights. 1896
12.04.6 Recycling - Changes to Work. Should changes in law arise that necessitate any 1897 additions or deletions to the work described herein including the type of items included as Recyclable 1898 Materials, the parties will negotiate any necessary cost changes and will enter into an Agreement 1899 amendment covering such modifications to the work to be performed and the compensation to be paid in 1900 accordance with Section 30.01.1 before undertaking any changes or revisions to such work. 1901
12.04.7 Compliance with AB 341 & SB 1383. Contractor will develop and maintain its 1902 Commercial Recycling Service in a manner designed to assist City and the Service Recipients to achieve 1903 and maintain compliance with AB 341 and SB 1383. Contractor will notify Commercial Service Recipients 1904 of the requirements to comply with the laws in November 2023, and not less than annually thereafter. 1905 Contractor must provide the necessary volume of Collection Service to Commercial Service Units in order 1906 to be in full compliance with the law. In conjunction with the City’s ordinance supporting full compliance with 1907 AB 341 and SB 1383 by Commercial Service Units (i.e., “generators”), Contractor will conduct in-person 1908 outreach to all non-participating commercial covered generators a minimum of once per calendar year. 1909 Failure to conduct such outreach will result in a penalty as specified in Exhibit 6. 1910
12.04.8 Additional Recycling Collection containers. Contractor must provide additional 1911 Recycling Collection Containers to Commercial Service Recipients above the minimum requirements within 1912 five (5) days of request and may charge for such additional capacity set forth in Exhibit 1 provided that 1913 additional Collection Containers are used by Service Recipients for the purposes of setting out additional 1914 Recyclable Materials for regular weekly Commercial Recycling Service. 1915
12.05 Commercial Organic Waste Collection Service. This service is governed by the following 1916 terms and conditions: 1917
12.05.1 Conditions of Service. Contractor must provide Commercial Organic Waste 1918 Collection Service to all Commercial Service Units in the Service Area whose Organic Waste is properly 1919 containerized in Organic Collection Containers, where the Organic Waste Collection Containers are 1920 accessible. Contractor will conduct a site visit with each non-exempt Service Recipient to determine the 1921 specific materials to be included the Service Recipient’s Organic Waste Collection. Contractor will charge 1922 for collection of Organic Waste within the Bundled Service rate specified in Exhibit 1. For Organic Waste 1923 collected in Collection Containers beyond the size specified in the Bundled Service rate, Contractor will 1924 charge at the rate set forth in Exhibit 1. Contractor agrees that not all Service Units will elect to receive 1925 Organic Waste Collection Service in Carts, and that Contractor will provide Organic Waste Collection Bins 1926 upon request and as necessary. Service Recipients may elect to add Green Waste only Collection Bins to 1927 their service at pricing included in Exhibit 1. Contractor will provide a sufficient number of Collection 1928 Containers and at a collection frequency to allow for any such Service Unit to utilize the collection of Organic 1929 FINAL AGREEMENT Page 56 of 184
Waste. Commercial Organic Waste Collection will occur Monday through Saturday upon request and as 1930 necessary. City shall provide Contractor a list of the names and addresses of Commercial Service Units 1931 that are approved by City for exemption from Organic Waste Collection. 1932
12.05.2 Organic Waste Processing Services. Contractor must ensure that all Organic 1933 Waste Collected pursuant to this Agreement is diverted from the landfill in accordance with AB 939, AB 1934 1826, AB 1594, SB 1016 and SB 1383, and any subsequent or other Applicable Law. Contractor must 1935 ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in a landfill, except 1936 for residue resulting from processing. If the organics processing facility accepts bagged organic waste, then 1937 Contractor is obligated to accept bagged Organic Waste. 1938
12.05.3 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1939 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Organic Waste transfer 1940 station listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified 1941 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to 1942 Organic Waste processing and marketing will be the sole responsibility of Contractor. City has the right to 1943 designate Organic Waste Processing Facility and agrees to adjust Maximum Service Rates to reflect City’s 1944 exercise of flow control rights. 1945
12.05.4 Organic Waste Collection Frequency. Contractor must comply with CalRecycle 1946 collection frequency requirements as they may apply during the term of this Agreement. If any such changes 1947 to collection frequency are adopted after Effective Date that result in Contractor being allowed to reduce 1948 the frequency of Garbage or Organic Waste Collection, or otherwise cause Contractor to reduce its 1949 collection costs as a result in a change in Garbage or Organic Waste collection frequency, Contractor must 1950 provide City with its estimate of reduced its costs and shall make adjustments to the Maximum Service 1951 Rates. 1952
12.05.5 Base Commercial Organic Waste Service. All Commercial Service Recipients 1953 subscribing to Commercial Garbage Collection Service must receive weekly collection of the equivalent 1954 volume of at least one (1) 32-gallon Organic Waste Cart per Service Recipient included in the Bundled 1955 Service rate. The actual configuration of Organic Waste Collection Container sizes to be provided will be 1956 based on the total equivalent volume and configured in a manner determined by the Service Recipient in 1957 consultation with Contractor. Contractor may charge for Commercial Organic Waste Collection as set forth 1958 in Exhibit 1 for Commercial Organic Waste Service greater than the base 32-gallon Organic Waste Cart. 1959
12.05.6 Size and Frequency of Service. This service will be provided as deemed necessary 1960 and determined between Contractor and the Service Recipient, but such service must be received no less 1961 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service 1962 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and 1963 Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin or Cart 1964 at the option of the Service Recipient. The size of the container and the frequency (above the minimum) of 1965 Collection will be determined between the customer and Contractor. However, size and frequency must be 1966 sufficient to provide that no Organic Waste needs be placed outside the Collection Container. Service 1967 Recipients may own and provide their own Compactor provided that the Service Recipient is completely 1968 FINAL AGREEMENT Page 57 of 184
responsible for its proper maintenance, and such Compactor is of a type that is compatible with Contractor's 1969 equipment. All other Collection Containers used by Service Recipients must be owned and supplied by 1970 Contractor. 1971
12.05.7 Organic Waste - Improper Procedure. Contractor is not required to Collect Organic 1972 Waste if the Service Recipient does not separate the Organic Waste from Solid Waste and Recyclable 1973 Materials. Furthermore, Contractor is not required to collect Organic Waste that is contaminated through 1974 commingling with Solid Waste or Recyclable Materials. To address contamination, Contractor must follow 1975 the steps set forth in Section 5.07. 1976
12.05.8 Organic Waste - Changes to Services. Should changes in law arise that 1977 necessitate any additions or deletions to the services described in this Section including the type of items 1978 included as Organic Waste, the parties will negotiate any necessary cost changes and will enter into an 1979 Agreement amendment covering such modifications to the services to be performed and the compensation 1980 to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions to such services. 1981
12.05.9 Compliance with AB 1826 & SB 1383. Contractor will develop and maintain its 1982 Commercial Organic Waste Collection Service in a manner designed to assist City and Service Recipients 1983 to achieve and maintain compliance with AB 1826 and SB 1383. Contractor will notify non-exempt covered 1984 businesses of the requirements to comply with the law in November 2023, and no less than annually 1985 thereafter. Contractor will offer to provide the volume of collection service that covered businesses require 1986 to be in compliance with the law. In conjunction with the City’s ordinance supporting full compliance with 1987 AB 341, SB 1383 and AB 827 by Commercial Service Units (i.e., “generators”), Contractor will conduct in-1988 person outreach to all non-participating non-exempt commercial covered generators as specified in Section 1989
20.02. Failure to conduct such outreach will result in a penalty as specified in Exhibit 6. 1990
12.05.10 Additional Organic Waste Collection Containers. Contractor must provide 1991 additional Organic Waste Collection Containers to Service Recipients at the rates listed in Exhibit 1 provided 1992 that additional Collection Containers are used by Service Recipients for the proposes of setting out 1993 additional Organic Waste materials for regular weekly Organic Waste Collection Service. 1994
12.05.11 Manure Collection Service. Contractor shall Collect all Manure placed in 1995 an Organic Waste Container at least once per week, or more often if arranged between Service Recipient 1996 and Contractor. Service Recipients may be instructed not to fill the Containers above a specified line or 1997 weight, so as not to damage the Containers or Collection Vehicle, and City shall resolve any disputes 1998 regarding the maximum weight that may be accommodated in such Containers. All Manure collected shall 1999 be diverted from landfilling through composting or other means and may not be collected or commingled 2000 with Garbage. 2001
12.05.11.1 Manure Cart Collection. Contractor shall provide Manure 2002 Collection Service to Commercial Customers that utilize Cart service for Manure Collection Service may be 2003 charged no more than the Maximum Service Rates as set forth in Exhibit 1. 2004 FINAL AGREEMENT Page 58 of 184
12.05.11.2 Manure Bin Collection. Contractor shall provide Manure Collection 2005 Service to Commercial Customers that utilize Bin service for Manure Collection Service may be charged 2006 no more than the Maximum Service Rates as set forth in Exhibit 1. 2007 Article 13. Mixed Use Dwelling Service (MXD) 2008
13.01 MXD Collection Service. As in Section 12.01. 2009
13.02 MXD Solid Waste Collection Service. As in Section 12.03. 2010
13.03 MXD Recycling Service. As in Section 12.04. 2011
13.04 MXD Move In/Out Collection Service. As in Section 10.08.4. 2012
13.05 MXD Organic Waste Collection Service. As in Section 12.05. 2013
13.06 MXD Large Item Collection Services. As in Section 10.10; Contractor may charge Service 2014 Recipients for Bulky Waste Collections subject to the Maximum Service Rate in Exhibit 1. 2015 Article 14. City Services 2016
14.01 City Collection Conditions of Service. City Collection Services shall be governed by the 2017 following terms and conditions: 2018
14.01.1 City Collection Services. Contractor shall provide Garbage, Recycling, and 2019 Organic Waste Collection Services to all City Service Units set forth in Exhibit 3, or as City may designate 2020 in the future (and where applicable, subject to the conditions in this Section), where the Containers are not 2021 blocked and are accessible by Contractor’s Collection Vehicles. 2022
14.01.2 Contractor’s Good Will. In exchange for the good will of the City and the general 2023 public, Contractor voluntarily agrees to provide Collection Services under this Article at no cost to the City 2024 excepting excess service as provided in this Article, and warrants that such service shall neither impact the 2025 Maximum Service Rates nor be otherwise paid for or subsidized by any other Service Recipients. 2026
14.01.3 Contractor shall receive written permission from the City before placing any 2027 Collection Containers on City owned property for service, except that no such permission shall be needed 2028 to place Collection Containers at locations specified for such Containers in Exhibit 3. 2029
14.01.4 Contractor shall limit the number of trips and the path of travel for Collection 2030 Vehicles in City parking lots. 2031
14.01.5 Container Service. City Facilities shall be provided Collection Services generally 2032 subject to the same terms and conditions as similar Service Units with regard to Container specifications, 2033 repair, replacement, cleanings, and exchange; provided the City shall not be charged for any requests for 2034 such services. 2035
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14.01.6 Frequency of Service. The frequency of collection may be designated by the City, 2036 but not to exceed six (6) times per week per container. City may change the City Service Units receiving 2037 service, and the container volume and Collection frequency provided to any City Service Unit, by written 2038 notice to Contractor. 2039
14.02 City Clean-Up Services. 2040
14.02.1 City’s Enforcement Clean-Up Services. Within one (1) Work Day of a request from 2041 the Agreement Administrator, Contractor shall provide Roll-off Containers to support City’s Enforcement 2042 Clean-Up Services in the Service Area. City shall be responsible for loading or arranging for loading of each 2043 Roll-off Container. Contractor shall collect, transport and deliver City Code Enforcement Clean-Up Services 2044 Garbage, Recyclable Material, and Organic Waste to a Disposal Facility, the Materials Recovery Facility, 2045 or Organics Processing Facility, as appropriate given the characteristics of the load. Contractor shall deliver, 2046 and collect, transport and process the City’s Enforcement Clean-Up Services waste from up to sixty (60) 2047 Roll-off Containers each Agreement Year at no charge to the City. Contractor shall be entitled to charge 2048 the City for collected materials exceeding sixty (60) collections per Agreement Year in accordance with the 2049 Service Recipient Rates as set forth in Exhibit 1. 2050
14.02.2 Abandoned Waste/Illegal Dumping Reporting. When conducting service within the 2051 City, Contractor shall direct its Collection Vehicle drivers to report to Contractor sightings of illegal dumping 2052 of Waste by recording: (i) the addresses of any Service Area where Garbage, Recyclable Material, and/or 2053 Organics Waste is accumulating; and (ii) the address, or other location description at which Garbage, 2054 Recyclable Material, and/or Organics Waste has been dumped. Contractor shall report to the City sightings 2055 and the recorded address within three (3) Work Days. 2056
14.02.3 Abandoned Waste/Illegal Dumping Clean-up. At City’s direction, Contractor shall 2057 collect, transport and process dumped items based on high volume sites throughout City and specific 2058 customer complaints, at no additional charge to City. At all times possible, Contractor will manage requests 2059 through the City’s Resident Service Center (RSC) system or any other reporting system utilized. 2060
14.03 City-Sponsored Events Service. Upon request by the City, Contractor shall provide 2061 Containers and Collection Services at City-Sponsored Events upon request, including but not limited to those 2062 specified in Exhibit 2, at no cost to the City. 2063
14.04 Large Item Collection Service. Contractor shall collect Large Items, including E-Waste and 2064 Universal Waste, from City Services Units as listed on Exhibit 3 on an on-call basis on the same terms and 2065 conditions as are provided to SFD Service Units per Section 10.10 at rates specified in Exhibit 1. 2066 Article 15. Additional Services 2067
15.01 Large Item Drop-off. Service Recipients may drop-off household Bulky Items, generated at 2068 their own Residential Premises, excluding Construction and Demolition Debris, at the Contractor’s 2069 designated site within the City between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday and 2070 between 8:00a.m. and 12:00 p.m., one Saturday per month. Contractor shall not charge Service Recipients 2071 FINAL AGREEMENT Page 60 of 184
for accepting, processing, or Disposing of Bulky Items so delivered. Contractor shall handle all Organic 2072 Waste, Recyclable Materials, and electronic waste so deposited at its facility in accordance with all 2073 Applicable Laws and regulations. Proof of service address and identification will be required to utilize this 2074 service. 2075
15.02 Neighborhood Clean-Up Events. Contractor shall provide Collection Services at 2076 Neighborhood Clean-Up Events at a maximum of twelve (12) per year upon request by City. Each event 2077 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 2078 and shall be limited to SFD, MFD, and MXD Service Recipients within the City. Contractor shall provide a 2079 maximum of three (3) 40-yard Roll-off Containers per event. The Agreement Administrator shall notify 2080 Contractor in writing or e-mail not less than eight (8) weeks prior to the date of the Neighborhood Clean-Up 2081 Event. The services shall be provided in a manner that meets all needs of the Neighborhood Clean-Up 2082 Event. The events must not occur during the week prior, the week of, or the week after a Holiday. The events 2083 shall be conducted by Contractor at no cost of any kind to the City. Contractor shall provide staffing to support 2084 City management at all times during the Clean-Up Days Events. 2085
15.02.1 Contractor shall prepare and distribute to SFD, MFD, and MXD Residential Service 2086 Recipients Neighborhood Clean-Up Event notices no later than six (6) weeks prior to each event. At a 2087 minimum, the dates and hours of operation, locations of the collection sites, and acceptable materials for 2088 collection shall be included in the notices. Contractor may separately mail electronically transmit the notices 2089 or provide the notices as billing inserts to each SFD, MFD, and MXD Residential Service Recipient. 2090 Contractor shall provide Spanish-translated notices upon request by the City. The costs of production, 2091 printing, mailing and all associated costs for the notices shall be borne by Contractor. Contractor shall also 2092 provide their information in digital format to the City. 2093
15.03 Mulch or Compost Delivery. At no cost to the City, Contractor must assist City in arranging 2094 for produced compost/mulch, or other recovered organic waste products to comply with SB 1383 2095 procurement requirements to be delivered in qualities, quantities, locations and times agreed on between 2096 City and Contractor. Such Contractor assistance can be in the form of backhauling materials or setting aside 2097 locations for Service Recipients to pick up produced compost/mulch at an approved facility. Contractor 2098 agrees to provide up to 7,700 cubic yards of compost or mulch to the City annually. 2099
15.04 Edible Food Recovery Support. At no cost to the City, Contractor must provide support to 2100 the City’s Edible Food Recovery program as required under SB 1383. Contractor support may include 2101 educating commercial edible food generators, providing records of site visits, conducting education efforts, 2102 providing lists of food recovery organizations, and coordinating with Agreement Administrator. 2103
15.05 Free Paper Shredding Events. Up to four (4) times per year, at no additional cost to City or 2104 its residents, Contractor will conduct a free paper shredding event at a location as determined by the City. 2105 At each event, all City residents will be permitted to deliver an unlimited amount of paper for shredding free 2106 of charge by Contractor. Contractor must arrange for all shredded paper generated by each event to be 2107 processed in such a manner so as to ensure the diversion of this material from landfilling. 2108 FINAL AGREEMENT Page 61 of 184
Article 16. Collection Routes 2109
16.01 Service Routes. Contractor must provide City with maps and digital mapping data precisely 2110 defining Collection routes, together with the days and the times at which Collection will regularly commence. 2111
16.02 Initial Route Changes. Contractor agrees not to change any Residential Collection Services 2112 routes in effect as of the Effective Date of this Agreement prior to July 1, 2024, with the exception of limited 2113 route changes that may be necessary for new development, and subject to review and approval by the City. 2114 After July 1, 2024, if any re-routing of Residential Collection services is necessary for collection efficiency, 2115 Contractor may submit to City, in writing, proposed route changes (including maps thereof) not less than 2116 sixty (60) calendar days prior to the proposed date of implementation. Any such initial routing change may 2117 not affect more than ten percent (10%) of SFD Service Units in the City and is subject to City review and 2118 approval. 2119
16.03 Future Service Route Changes. Contractor must submit to City, in writing, any proposed 2120 route change (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of 2121 implementation. Contractor may not implement any route changes without the prior review of the Agreement 2122 Administrator. If the change will change the Collection day for a Service Recipient, Contractor must notify 2123 those Service Recipients in writing of route changes not less than thirty (30) days before the proposed date 2124 of implementation. 2125
16.04 Collection Route Audits. City reserves the right to conduct audits of Contractor’s Collection 2126 routes. Contractor must cooperate with City in connection therewith, including permitting City employees or 2127 agents, designated by the Agreement Administrator, to ride in the Collection Vehicles to conduct the audits. 2128 Contractor has no responsibility or liability for the salary, wages, benefits or worker compensation claims of 2129 any person designated by the Agreement Administrator to conduct such audits. 2130 Article 17. Minimum Performance and Diversion Standards 2131
17.01 Agreement Extension. In order to receive the Agreement term extension, offer set forth in 2132 Section 2.02 of this Agreement, Contractor must meet or exceed the following annual minimum performance 2133 and diversion standards in each Calendar Year beginning January 2024, unless otherwise approved by City 2134 Council. 2135
17.01.1 Performance Standards. Assessment of penalties and charges, as set forth in 2136 Exhibit 6 of this Agreement, totaling less than $50,001 in any one (1) Calendar Year. 2137
17.01.2 Minimum Diversion Standards. Contractor must meet the requirements set forth in 2138 Article 8. 2139
17.01.3 No Current Default. Contractor is not currently in default of the Agreement. 2140
17.02 Billing Audit and Performance Reviews. 2141
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17.02.1 Contractor Shall Review its Billings to all Customers. The purpose of the review is 2142 to determine that the amount which the Contractor is billing each Customer is correct with regard to the 2143 level of service (i.e., frequency of collection, size of container, location of container) at the rates approved 2144 by City Council resolution. The Contractor shall review Customer accounts not less than annually and 2145 provide a written certification to the City that all such billing is correct. The documentation of the review, as 2146 well as verification that any errors have been corrected should be provided to the City annually. 2147
17.02.2 Selection and Cost. City may conduct billing audit and performance reviews 2148 (together, “reviews”) of Contractor’s performance during the term of this Agreement, as provided herein. 2149 The reviews will be performed by the City or a qualified firm under contract to City. City will have the final 2150 responsibility for the selection of the firm. City may conduct reviews at any time during the term of the 2151 Agreement. City and Contractor agree to each pay fifty-percent (50%) of the cost of the audits and 2152 performance reviews provided for under Section 17.02. 2153
17.02.2.1 Full Reviews During Initial Term. City may conduct two (2) full 2154 reviews with costs apportioned as stated in Section 17.02.2 during the Initial Term of this Agreement. The 2155 purpose of these full reviews will be as described in Section 17.02.3 below. 2156
17.02.2.2 Full Review During Extension Period. In the event that Contractor 2157 is granted an extension to the term of this Agreement as described in Section 2.02, City may conduct one 2158 (1) additional full review during each of the five (5) year extension periods. The purpose of this full review 2159 is described in Section 17.02.3. For each of these full review costs will be apportioned as stated in Section 2160
17.02.2. 2161
17.02.3 Purpose. The reviews will be designed to verify that customer billing rates have 2162 been properly calculated and they correspond to the level of service received by the customer, verify that 2163 Contractor is correctly billing for all services provided, Franchise Fees and other fees required under this 2164 Agreement have been properly calculated and paid to City, verify Contractor’s compliance with the reporting 2165 requirements and performance standards of this Agreement, verify the diversion percentages reported by 2166 Contractor, and verify any other provisions of the Agreement. City (or its designated consultant) may utilize 2167 a variety of methods in the execution of this review, including, but not limited to, analysis of relevant 2168 documents, on-site and field observations, and interviews. City (or its designated consultant) will review 2169 and document the items in the Agreement that require Contractor to meet specific performance standards, 2170 submit information or reports, perform additional services, or document operating procedures, that can be 2171 objectively evaluated. This information will be documented and be formatted in a “compliance checklist” 2172 with supporting documentation and findings tracked for each of the identified items. The review will 2173 specifically include a determination of Contractor’s compliance with the diversion requirements of Article 8, 2174 and the public outreach and education requirements of Article 20. City (or its designated consultant) may 2175 review the customer service functions and structure utilized by Contractor. This may include Contractor’s 2176 protocol for addressing customer complaints and service interruption procedures. Complaint logs may be 2177 reviewed, along with procedures and systems for tracking and addressing complaints. On-site and field 2178 observations by City (or its designated consultant) may include, but are not necessarily limited to: 2179 FINAL AGREEMENT Page 63 of 184
17.02.3.1 Interviews and discussions with Contractor’s administration and 2180 management personnel; 2181
17.02.3.2 Review and observation of Contractor’s customer service functions 2182 and structure; 2183
17.02.3.3 Review of public education and outreach materials; 2184
17.02.3.4 Interviews and discussions with Contractor’s financial and accounting 2185 personnel; 2186
17.02.3.5 Interviews with route dispatchers, field supervisors and managers; 2187
17.02.3.6 Interviews with route drivers; 2188
17.02.3.7 Interviews with vehicle maintenance staff and observation of 2189 maintenance practices; and 2190
17.02.3.8 Review of on-route Collection Services, including observation of driver 2191 performance and collection productivity and visual inspection of 2192 residential routes before and after collection to evaluate cart 2193 placement and cleanliness of streets. 2194
17.02.4 Contractor’s Cooperation. Contractor shall cooperate fully with the review and 2195 provide all requested data, including operational data, financial data of the type described in Section 2196
17.01.1, and other data reasonably requested by City within fifteen (15) Work Days of the request. 2197
17.02.5 Additional Billing Audit and Performance Review. In the event that the Billing Audit 2198 and Performance Review concludes that Contractor is not in compliance with all terms and conditions of 2199 this Agreement and such non-compliance is material, Contractor is subject to administrative fees and 2200 penalties as described in Exhibit 6 as well as reimbursement to the City for the full cost of the audit plus 2201 any underpayments discovered during the Audit. Additionally, City may conduct an Additional Billing Audit 2202 and Performance Review beyond the two (2) specified in Section 17.02.2, to ensure that Contractor has 2203 cured any such area of non-compliance. Contractor will be responsible for the cost of any such Additional 2204 Billing Audit and Performance Review for a maximum cost of One-hundred Twenty Thousand Dollars 2205 ($120,000) (starting on July 1, 2024 and each January 1st thereafter, with the maximum cost for the review 2206 adjusted annually by the change in the CPI). For the purposes of a determination of non-compliance under 2207 this Agreement, Audit findings which result in underpayments of $100,000 or more shall be deemed 2208 material. 2209
17.02.6 City Requested Program Review. City reserves the right to require Contractor to 2210 periodically conduct reviews of the Garbage, Recycling, and Organic Waste Collection Service programs, 2211 provided that such reviews are reasonable and can be accomplished at no additional cost to Contractor 2212 and without interfering with Contractor’s operations. Such reviews could assess one or more of the following 2213 performance indicators: average volume of Recyclable Materials per setout per customer, average volume 2214 FINAL AGREEMENT Page 64 of 184
of Organic Waste per setout per customer, participation level, contamination levels, etc. Prior to the program 2215 evaluation review, City and Contractor will meet and discuss the purpose of the review and agree on the 2216 method, scope, and data to be provided by Contractor. 2217
17.03 Cooperation with Other Program Reviews. Contractor shall cooperate with City and/or its 2218 agent(s) as reasonably requested to collect program data, perform field work, conduct route audits to 2219 investigate customer participation levels and setout volumes and/or evaluate and monitor program results 2220 related to Garbage, Recyclable Materials and Organic Waste collected in City by Contractor, provided that 2221 such cooperation can be accomplished at no additional cost to Contractor and without interfering with 2222 Contractor’s operations. 2223
Article 18. Collection Equipment 2224
18.01 General Provisions. All equipment used by Contractor in the performance of services under 2225 this Agreement must be of a high quality and meet all Federal, State, and local regulations and air quality 2226 standards, including all applicable provisions of Air Quality Management District. Collection vehicles must 2227 be designed and operated so as to prevent collected materials from escaping from the vehicles. Hoppers 2228 must be closed on top and on all sides with screening material to prevent collected materials from leaking, 2229 blowing or falling from the vehicles. All trucks and containers must be watertight and must be operated so 2230 that liquids do not spill during Collection or in transit. 2231
18.02 Large Items. Vehicles used for Collection of Large Items may not use compactor 2232 mechanisms or mechanical handling equipment that may damage reusable goods or release Freon or other 2233 gases from pressurized appliances. 2234
18.03 Collection Vehicles. Contractor must use new Collection Vehicles as of the 2235 Commencement date and may not use any Collection Vehicle that is more than ten (10) years old during 2236 the term of the Agreement. Contractor shall register all new Collection Vehicles under this Agreement to its 2237 address within the City, and shall report all purchases of Collection Vehicles under this Agreement as 2238 attributable to the City for sales tax purposes. Collection Vehicles must utilize low carbon (“alternative”) fuel, 2239 which must be renewable natural gas, LNG, CNG, or electric unless otherwise authorized by the City. If 2240 during the term of the Franchise Agreement, new technologies are available such as hybrid or electric 2241 powered collection vehicles, the City or the Contractor may request/negotiate implementation of such new 2242 collection vehicles, with a corresponding change to the Maximum Service Rates to reflect additional cost or 2243 savings. During the Term, to the extent required by law, Contractor shall provide its Collection Vehicles to 2244 be in full compliance with all Applicable Laws, including State and Federal clean air requirements that are 2245 adopted or proposed to be adopted, including, but not limited to, the California Air Resources Board Heavy 2246 Duty Engine Standards as currently proposed to be contained in California Code of Regulations, title 13, 2247 sections 2020 et seq., the Federal EPA’s Highway Diesel Fuel Sulfur regulations and all other applicable air 2248 pollution control laws. 2249
18.04 Collection Vehicle Technology. Contractor must use Collection Vehicles fitted with GPS 2250 tracking devices that can be used to record start and stop times, vehicle locations, and maximum speed. 2251 Contractor shall furnish to the City at no additional cost or expense any software and equipment necessary 2252 FINAL AGREEMENT Page 65 of 184
for City to track the location of Collection Vehicles in real time and to generate reports as needed. Collection 2253 Vehicles must also be fitted with cameras that are programmed to take photos, date and location stamped, 2254 to document violations, including contamination, overfilling, and lids not closed. GPS and camera data must 2255 be accessible by City. 2256
18.05 Collection Vehicle Size Limitations / Overweigh Vehicle Charge. Contractor may not use 2257 any Collection Vehicle in violation of weight limitations in Applicable Law. The Contractor may exceed the 2258 Collection Vehicle size limitation for a limited time due to extraordinary circumstances or conditions with the 2259 prior written consent of the Agreement Administrator. The limited time may not exceed 120 days. Contractor 2260 must report all instances of overweight vehicles to City as part of its quarterly Franchise Fee submittal 2261 described in Section 4.03, and as part of its Annual Reports to the City described in Section 22.03. Contractor 2262 may be assessed administrative charges as specified in Exhibit 6 as a result of exceeding an overweight 2263 vehicle rate of five percent (5.00%) in any Calendar Year during the term of the Agreement. The overweight 2264 vehicle rate will be calculated as the total number of overweight Collection Vehicle instances during the 2265 Calendar Year, divided by the total number of Collection Vehicle loads transported during the Calendar Year. 2266 Prior to collecting administrative charges for overweight vehicles, the City shall afford Contractor a 2267 reasonable opportunity to provide the Agreement Administrator documentation of the extraordinary 2268 circumstance that caused the overweight vehicles. Extraordinary circumstances in this particular case 2269 include, but may be limited to, heavy rains or high winds that caused excess Green Waste to be generated, 2270 rain to accumulate in open Collection Containers, or normal Collection routes to be delayed or shortened to 2271 extreme weather conditions. The Agreement Administrator shall have authority to consider Contractor’s 2272 documentation and uphold and collect the assessed charge, to reduce the charge, or waive and dismiss the 2273 charge. The Agreement Administrator shall also have the authority to waive charges in advance of an 2274 anticipated, or in response to and actual, emergency event. 2275
18.06 Registration; Inspection. All vehicles used by Contractor in providing Collection Services 2276 under this Agreement, except those vehicles used solely on Contractor’s premises, are to be registered with 2277 the California Department of Motor Vehicles. In addition, each such vehicle must be inspected by the 2278 California Highway Patrol in accordance with Applicable Law. Within two (2) Work Days of a request from 2279 the Agreement Administrator, Contractor must provide City a copy of its vehicle maintenance log and any 2280 safety compliance report, including, but not limited to, any report issued under California Vehicle Code 2281 sections 34500 and following, as well as the biennial “BIT” inspections conducted by the California Highway 2282 Patrol. 2283
18.07 Safety Markings. All Collection equipment used by Contractor must have appropriate safety 2284 markings including, but not limited to, highway lighting, flashing and warning lights, clearance lights, and 2285 warning flags. All such safety markings must be in accordance with the requirements of the California Vehicle 2286 Code, as may be amended from time to time. 2287
18.08 Vehicle Signage and Painting. Collection Vehicles must be painted and numbered without 2288 repetition and must have Contractor's name, Contractor’s customer service telephone number, and the 2289 number of the vehicle painted in letters of contrasting color, at least four (4) inches high, on each side and 2290 the rear of each vehicle. All Collection Vehicles shall display the words “Servicing the City of Santa Clarita” 2291 in letters no less than two inches (2”) high and the City Seal. No advertising is permitted other than the name 2292 FINAL AGREEMENT Page 66 of 184
of Contractor, its logo and registered service marks, except promotional advertisement of the Recyclable 2293 Materials and Organic Waste programs, which is encouraged. City to approve any promotional material of 2294 the Recyclable Materials and Organic Waste Programs affixed to or painted on Contractor’s Collection 2295 Vehicles and may require such promotion to be utilized from time to time in order to encourage correct 2296 recycling, reduce contamination, and provide relevant education. Contractor must repaint all vehicles 2297 (including vehicles striping) during the term of this Agreement on a frequency as necessary to maintain a 2298 positive public image as reasonably determined by the Agreement Administrator, but not less often than 2299 once every five years beginning July 1, 2023. 2300
18.09 Bin and Roll-off Signage, Painting, and Cleaning. All metal bins and Roll-offs of any service 2301 type furnished by Contractor must be either painted or galvanized. All metal or plastic bins and Roll-offs must 2302 display Contractor’s name, Contractor’s customer service telephone number, and the number of the Bin or 2303 Roll-off and must be kept in a clean and sanitary condition. Bins and Roll-offs should be free of dents and 2304 graffiti and newly painted at the start of this Agreement, and painted as needed to maintain an orderly 2305 appearance throughout the term of the Agreement, but not less frequently than once every three years. Bins 2306 and Roll-offs may be subject to periodic, unscheduled inspections by City and determination as to sanitary 2307 condition will be made by City. 2308
18.10 Vehicle Certification. For each Collection Vehicle used in the performance of services 2309 under this Agreement, Contractor must obtain a certificate of compliance (smog check) issued pursuant to 2310 Part 5 of Division 26 of the California Health and Safety Code (Section 43000 and following) and regulations 2311 promulgated thereunder and/or a safety compliance report issued pursuant to Division 14.8 of the California 2312 Vehicle Code (Section 34500 and following) and the regulations promulgated thereunder, as applicable to 2313 the vehicle. Contractor must maintain copies of such certificates and reports and must make such certificates 2314 and reports available for inspection upon request by the Agreement Administrator. Subject to State of 2315 California implementation. 2316
18.10.1 No later than July 1, 2023, Contractor must submit to the Agreement Administrator 2317 verification that each of the Contractor’s Collection Vehicles has passed the California Heavy Duty Vehicle 2318 Inspection. Thereafter, Contractor must cause each vehicle in Contractor’s Collection fleet to be tested 2319 annually in the California Heavy Duty Inspection Program and must, upon request, submit written 2320 verification to City within ten (10) Work Days of the completion of such test. Contractor may not use any 2321 vehicle that does not pass such inspection. Subject to State of California implementation. 2322
18.11 Equipment Maintenance. Contractor must maintain Collection equipment in a clean 2323 condition and in good repair at all times. All parts and systems of the Collection equipment must operate 2324 properly and be maintained in a condition satisfactory to City. Contractor must wash all Collection Vehicles 2325 at least once a week. 2326
18.12 Maintenance Log. Contractor must maintain a maintenance log for all Collection Vehicles. 2327 The log must at all times be accessible to City by physical inspection upon request of Agreement 2328 Administrator, and must show, at a minimum, each vehicle Contractor assigned identification number, date 2329 purchased or initial lease, dates of performance of routine maintenance, dates of performance of any 2330 additional maintenance, and description of additional maintenance performed. 2331 FINAL AGREEMENT Page 67 of 184
18.13 Equipment Inventory. On or before July 1, 2023 Contractor shall provide to City an 2332 inventory of Collection Vehicles and major equipment used by Contractor for Collection or transportation and 2333 performance of services under this Agreement. The inventory must indicate each Collection Vehicle by 2334 Contractor assigned identification number, DMV license number, the age of the chassis and body, type of 2335 fuel used, the type and capacity of each vehicle, the number of vehicles by type, the date of acquisition, the 2336 decibel rating and the maintenance and rebuild status. Contractor must submit to the Agreement 2337 Administrator, either by fax or e-mail, an updated inventory annually to the City or more often at the request 2338 of the Agreement Administrator. Each inventory must also include the tare weight of each vehicle as 2339 determined by weighing at a certified scale used by Contractor. Each vehicle inventory must be accompanied 2340 by a certification signed by Contractor that all Collection Vehicles meet the requirements of this Agreement. 2341
18.14 Reserve Equipment. Contractor shall have available to it, at all times, reserve Collection 2342 equipment which can be put into service and operation within one (1) hour of any breakdown. Such reserve 2343 equipment must correspond in size and capacity to the equipment used by the Contractor to perform the 2344 contractual duties. 2345
Article 19. Contractor’s Office 2346
19.01 Contractor’s Office. Contractor shall maintain an office in the City of Santa Clarita, 2347 California. Such office must be equipped with enough telephones that all Collection Service-related calls 2348 received during normal business hours are answered by an employee within five (5) rings. The office must 2349 have responsible persons in charge during Collection hours and must be open during such normal business 2350 hours, 8:00 a.m. to 5:00 p.m. on Monday through Friday and Saturday during Collection Service hours. 2351 Contractor must provide either a local or toll-free telephone number that connects to the call center described 2352 in Section 19.02, and a telephone answering service or mechanical device to receive Service Recipient 2353 inquiries during those times when the office is closed. Calls received after normal business hours must be 2354 addressed the next Work Day morning. 2355
19.02 Customer Service Call Center. Contractor must maintain a local Customer Service call 2356 center in the City of Santa Clarita. Such office must be equipped with enough telephones that all customer 2357 service-related calls received during normal business hours, 8:00 a.m. to 5:00 p.m. on Monday through 2358 Friday and Saturday during Collection Service hours, are answered by an employee within five (5) rings 2359
19.03 Emergency Contact. Contractor must provide the Agreement Administrator with an 2360 emergency phone number where the Contractor can be reached outside of the required office hours. 2361
19.04 Multilingual/TDD Service. Contractor must at all times maintain the capability of responding 2362 to telephone calls in English and such other languages as City may direct. Contractor must at all times 2363 maintain the capability of responding to telephone calls through Telecommunications Device for the Deaf 2364 (TDD) Services. 2365
19.05 Service Recipient Calls. During office hours, Contractor must maintain a telephone 2366 answering system capable of accepting at least five (5) incoming calls at one time. Contractor must record 2367 all calls including any inquiries, service requests and complaints into a customer service log. 2368 FINAL AGREEMENT Page 68 of 184
19.05.1 All incoming calls will be answered at the local office or call center within 5 rings. 2369 Any call “on-hold” in excess of 1.5 minutes must have the option to remain “on-hold” or request a “call-back” 2370 from a customer service representative. Contractor’s customer service representatives must return Service 2371 Recipient calls. For all messages left before 3:00 p.m., all “call backs” must be attempted a minimum of one 2372 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 2373 attempted a minimum of one time prior to noon the next Work Day. Contractor must make minimum of three 2374 (3) attempts within one (1) Work Day of the receipt of the call. If Contractor is unable to reach the Service 2375 Recipient on the next Work Day, Contractor must send a postcard, email or text, as indicated by the Service 2376 Recipient to the Service Recipient on the second Work Day after the call was received, indicating that the 2377 Contractor has attempted to return the call. 2378
Article 20. Contractor Support Services 2379
20.01 Sustainability/Compliance Representative. Contractor will hire staff, including at least two 2380 dedicated full-time Sustainability/Compliance Representatives as of the Commencement Date, to conduct 2381 site visits and provide outreach and education in support of meeting Franchise and CalRecycle Diversion 2382 requirements and to meet State mandates associated with AB 939, AB 341, AB 1826, AB 827, AB 1594, SB 2383 1016, and SB 1383, and all amendments and related subsequent legislation. The Sustainability/Compliance 2384 Representatives shall be available as needed to meet with the City and conduct site visits to implement 2385 Recycling and Organics programs in the Service Area at least four days a week throughout the year. City 2386 may request monthly meetings with Contractor to discuss problems or issues such as Collection or Recycling 2387 programs, Billing or Service Recipient service issues, and day to day operations. City and Contractor agree 2388 to meet and confer to reevaluate the ongoing need for two dedicated full-time Sustainability/Compliance 2389 Representatives on or around July 1, 2025 (two years from the Commencement Date). 2390
20.02 Sustainability and Compliance Plan. Contractor, at its own expense, must prepare, submit 2391 and implement an annual (Calendar Year) Sustainability and Compliance Plan (“Plan”), which will guide 2392 Contractor’s staffs’ work efforts. This Plan will include measures to meet diversion targets, increase 2393 diversion, and increase participation of Service Recipients in recycling and organics diversion programs, and 2394 should target certain Recyclable Materials or “problem” areas, including recycling and organics sorting and 2395 contamination, within Contractor’s Service Area where improvements can be maximized. Planned outreach 2396 and education services, and outreach materials should be included as part of the Plan and updated annually. 2397 Targets of outreach should be based on local trends and recycling patterns from data obtained by both the 2398 City and Contractor. Contractor will maintain current and state-of-the-art public outreach and education 2399 services throughout the term of this Agreement by providing outreach materials to Service Recipients 2400 electronically (via email and social media). Contractor must submit first year draft Plan to the City prior to 2401 the Commencement Date and by August 1st each year thereafter for the term of the Agreement. City review 2402 and provide revisions to draft Plan within thirty (30) days of receipt. Contractor must revise and submit final 2403 Plan to City by April 1, 2023 for first year and thence by November 1st each year thereafter for the term of 2404 the Agreement. Contractor’s Plan is provided in Exhibit 10. Contractor will be required to expend at least 2405 seventy-five thousand dollars ($75,000) per year (as adjusted annually by the CPI Adjustment), for the 2406 development of the Plan and its implementation, which may not include personnel costs associated with the 2407 FINAL AGREEMENT Page 69 of 184
Sustainability/Compliance Representative. The Sustainability and Compliance Plan must include the 2408 following: 2409
20.02.1 City-Specific Website. Contractor shall maintain a City-specific website that fully 2410 explains the Contractor’s current services and rates, the diversion options available, and allows Service 2411 Recipients to submit service changes, inquiries, complaints or queries. The website must describe and 2412 promote the use of the available Recyclable Materials and Organics services. Contractor’s local website 2413 must provide information specific to the City’s programs. Contractor will ensure that information provided 2414 on the website is maintained and up-to-date. Content will include proper container set out, educational 2415 materials, newsletters and program descriptions. 2416
20.02.2 Recycling Resources. Contractor shall maintain accurate list of recyclable 2417 materials on its website, and promote proper recycling to all Service Recipients. Contractor shall consult, 2418 collaborate, and coordinate its recycling outreach and educational materials and activities with the City and 2419 incorporate the City’s input on the Contractor’s recycling resources and programs. 2420
20.02.3 School Education and Outreach. Contractor shall develop and utilize a program to 2421 educate on proper recycling that offers tools to assist with proper recycling for all ages. Educational 2422 information should include brochures, school resources such as recycling curriculums, kid’s activity flyers, 2423 posters, myth busters, and recycling art activities. Contractor shall develop and distribute educational 2424 material, and conduct onsite outreach annually to all school campuses in the franchise area that are 2425 serviced by the Contractor. Materials must be approved by City before distribution. Examples include: 2426 Recyclable Materials list, Recycling tips, battery and bulb education, Food Waste collection and donation, 2427 and HHW education. Educational material shall be distributed to campuses by mail and/or in person on or 2428 before September 30th annually, and site visits must be completed by November 30th. 2429
20.02.4 MORe Compliance Notices. Contractor shall send Mandatory Organics Recycling 2430 (MORe) compliance notices quarterly to all eligible Commercial entities and MFDs/MXDs that do not 2431 subscribe to Organic Waste Collection Service with the Contractor, and/or do not provide an alternate 2432 method for Diverting Organic Waste, in conformance with SB 1383 and AB 1826. These notices shall also 2433 notify businesses of requirements under AB 827. Contractor shall mail notifications quarterly on or before 2434 the last day of the month following the end of the quarter. 2435
20.02.5 MCR Compliance Notices. Contractor shall send Mandatory Commercial 2436 Recycling (MCR) compliance notices quarterly to all eligible Commercial entities and MFD’s that do not 2437 subscribe to recycling collection service with the Contractor, and/or do not provide an alternate method for 2438 diverting recyclable materials, in conformance with AB 341. These notices shall also notify businesses of 2439 requirements under AB 827. Contractor shall mail notifications quarterly on or before the last day of the 2440 month following the end of the quarter. 2441
20.02.6 MORe Site Visits. Contractor shall conduct site visits to all eligible Commercial 2442 entities and MFDs/MXDs once per year for the first three years and thereafter every other year for 2443 businesses that subscribe to Organics Collection Service and every year for businesses that do not 2444 FINAL AGREEMENT Page 70 of 184
subscribe to organics collection service in conformance with SB 1383 and AB 1826. Contractor shall 2445 conduct visits on or before June 30th. 2446
20.02.7 MCR Site Visits. Contractor shall conduct site visits to all eligible Commercial 2447 entities and MFDs/MXDs once per year for the first three years and thereafter every other year for 2448 businesses that subscribe to Recycling Collection Service and every year for businesses do not subscribe 2449 to Recycling Collection Service with the Contractor. Contractor shall conduct visits on or before June 30th. 2450
20.02.8 Waste Audits. Contractor shall complete Recycling and Solid Waste audits for 2451 twenty (20) Commercial or MXD Service Recipients per month and provide recommendations to customers 2452 on how to improve overall resource efficiency. 2453
20.02.9 Compliance Reporting. Contractor shall report contaminations and overage 2454 issues via the City’s Waste Reporting System. 2455
20.02.10 Right-sizing Containers. Contractor must right-size Collection Containers 2456 to maximize diversion from SFD, MFD, MXD and Commercial Service Recipients. 2457
20.02.11 Education and Outreach Materials. Contractor must implement public 2458 education and outreach in conformance with applicable laws (e.g., SB 1383, AB 1826, AB 827, AB 939, AB 2459 341, AB 1594, etc.) and in coordination with the City. Contractor shall attend public events and host booths 2460 to promote recycling education and awareness. Contractor will work with City to identify which special 2461 events will be attended. Contractor, together with City, shall work with local media to ensure information on 2462 new programs, events, recycling, organics etc. is communicated to the community. Contractor shall use a 2463 variety of options such as local paper, news, websites, social media, Homeowners Associations, schools 2464 and civic groups to distribute information and education about City solid waste and recycling programs, and 2465 events. Contractor shall distribute educational material to Service Recipients a minimum of once a quarter 2466 by mail or electronically. These materials should include tips on recycling properly, use of organics 2467 containers, composting, battery and electronics education, prevention of contamination issues, proper 2468 Collection Container placement, resource information, and HHW education. 2469
20.02.12 Service Recipient Personnel Training. Contractor shall advise and 2470 educate appropriate personnel (management, employees, janitors, etc.) at MFD/MXD and Commercial 2471 Service Units on methods and recommendations to increase recycling and decrease landfilling including 2472 best practices for recycling, waste reduction and availability and use of in-house recycling containers. 2473
20.02.13 Available Services Notice and Information. At least annually Contractor 2474 must publish and distribute (by mail or electronically) a notice to all Service Units regarding the full range 2475 of services offered. The notice must contain at a minimum (i) definitions of the materials to be Collected, 2476 (ii) procedures for setting out materials, (iii) the days when Garbage Collection Services, Recycling 2477 Services, and Organic Waste Collection Services will be provided, (iv) Contractor’s local customer service 2478 phone number, (v) instructions on the proper filling of Containers, (vi) instructions as to what materials may 2479 or may not be placed in Recyclable Materials or Organic Waste Containers, (vii) how to select Container 2480 sizes to maximize diversion, (viii) participation in Recycling and Organic Waste programs, (ix) the fees for 2481 FINAL AGREEMENT Page 71 of 184
overage and Contamination in the event of non-compliance, (x) the availability of on-premises Collection 2482 Services, including the availability of no-charge on-premises Collection Services for qualified persons, (xi) 2483 Large Items Collection Services, (xii) the dates and locations of Neighborhood Cleanup days, and (xiii) the 2484 dates and locations of Free Large Item Drop-off days. The notice must be provided in English, and other 2485 languages as directed by the City, and must be distributed by Contractor no later than February 1st of each 2486 year. 2487
20.02.14 Approach to Meeting City’s Diversion Requirements. Contractor must 2488 document approach to meeting City’s diversion requirements by specific diversion program type (SFD, 2489 MFD, Commercial, Recyclable Material, Organic Waste, Bulky Waste, etc.) and must be tied to both specific 2490 and public education programs. This must include an implementation schedule showing the specific 2491 programs and tasks, milestones, and time frames for meeting the diversion requirements. 2492
20.02.15 Tonnage Table. Contractor must provide as part of the Plan, a tonnage 2493 table segregated by SFD, MFD, MXD, Commercial, and Additional Services that estimates tonnages for 2494 Recyclable Material and Organic Waste delivered and processed, and the estimated residual tonnages for 2495 each calendar year of the Franchise Agreement. 2496
20.02.16 Environmental Stewardship. Contractor must describe all environmental 2497 management policies and activities related to the solid waste collection service, including the use of 2498 alternative fuel vehicles, reduction of air emissions and wear and tear on the City’s streets, use of recycled 2499 products throughout operations, internal waste reduction and reuse protocol, water and resource 2500 conservation activities within facilities (design, construction and operation), compliance with laws governing 2501 e-waste, HHW, and u-waste, and use of non-toxic products when possible. 2502
20.03 News Media Relations. Contractor will work with local media to ensure information is 2503 communicated to community (new programs, events, recycling information, etc.). Contractor to use options, 2504 such as; local Newspaper, Radio/TV News outlets, Websites and Social Media. Contractor will notify the 2505 Agreement Administrator by e-mail or phone of all requests for news media interviews related to the services 2506 covered under this Franchise Agreement within one (1) Work Day of Contractor’s receipt of the request. 2507 When practicable, before responding to any inquiries involving controversial issues or any issues likely to 2508 affect participation or customer’s perception of services, Contractor will discuss Contractor’s proposed 2509 response with the City Agreement Administrator. 2510
20.04 Annual Recycling Awards. Contractor will recognize outstanding participation in Recycling 2511 and/or Organic Waste programs by identifying “recycling all-stars” for recognition at a City Council meeting 2512 during each November, beginning November 2024. 2513
20.05 News Media Requests. Contractor will notify the Agreement Administrator by e-mail or 2514 phone of all requests for news media interviews related to the services covered under this Agreement within 2515 one (1) Work Day of Contractor’s receipt of the request. When practicable, before responding to any inquiries 2516 involving controversial issues or any issues likely to affect participation or Service Recipient’s perception of 2517 services, Contractor will discuss Contractor’s proposed response with the Agreement Administrator. 2518 FINAL AGREEMENT Page 72 of 184
20.05.1 Copies of draft news releases or proposed trade journal articles that use the name 2519 of City or relate to the services provided hereunder must be submitted to the Agreement Administrator for 2520 prior review and approval at least five (5) working days in advance of release, except where Contractor is 2521 required by any law or regulation to submit materials to any regulatory agency in a shorter period of time, 2522 in which case Contractor must submit such materials to City simultaneously with Contractor’s submittal to 2523 such regulatory agency. 2524
20.05.2 Copies of articles resulting from media interviews or news releases that use the 2525 name of City or relate to the services provided hereunder must be provided to the City within five (5) days 2526 after publication. 2527
20.06 Acceptable Materials Labeling. Contractor must affix to each Recycling and Organics 2528 Collection Container a sticker that clearly lists Acceptable materials to be placed in these containers. Stickers 2529 must be replaced annually and include any updates in the list of Acceptable materials (Exhibit 12). 2530
20.07 Mulch or Compost Delivery. At no cost to the City, Contractor must provide City with mulch 2531 or compost materials (i.e., “Recovered Organic Materials”) at a volume to allow the City to comply with SB 2532 1383. Contractor must deliver mulch or compost materials at a time and location mutually agreeable between 2533 the City and Contractor. Delivered mulch or compost can be in bulk form or bagged. 2534
20.08 Edible Food Recovery Support. At no cost to the City, Contractor must provide support to 2535 the City’s Edible Food Recovery program as required under SB 1383. Contractor support may include 2536 educating commercial edible food generators, providing records of site visits, conducting education efforts, 2537 and providing lists of food recovery organizations. Contractor will assist the City in conducting Food Waste 2538 and Green Waste surveys and diversion programs by providing accurate and timely service data, conducting 2539 site visits, and distributing materials. 2540
20.09 Programs and Services. Contractor must provide additional educational and outreach 2541 services and programs as requested by City at a price to be mutually agreed upon between the Contractor 2542 and the Agreement Administrator. In the event Contractor and the Agreement Administrator cannot reach a 2543 mutually agreed upon price for the requested service or program, City has the right to procure the service of 2544 other vendors or contractors to provide the requested service. 2545
20.10 Operations Plans. Contractor must adhere to the Transition Plan included as Exhibit 5, 2546 Customer Service Plan included as Exhibit 7, and Collection Service Operations Plan included as Exhibit 8 2547 that present the specific collection and processing programs that will be implemented in the City. 2548 Article 21. Emergency Service 2549
21.01 Revised Services During an Emergency. In the event of a major storm, earthquake, fire, 2550 natural disaster, or other such event, the Agreement Administrator may grant the Contractor a variance from 2551 regular routes and schedules, which will not be withheld unreasonably. As soon as practicable after such 2552 event, Contractor must advise the Agreement Administrator when it is anticipated that normal routes and 2553 schedules can be resumed. The Agreement Administrator will make an effort through the local news media 2554 FINAL AGREEMENT Page 73 of 184
to inform the public when regular services may be resumed. The clean-up from some events may require 2555 that Contractor hire additional equipment, employ additional personnel, or work existing personnel on 2556 overtime hours to clean debris resulting from the event. Contractor will receive additional compensation, 2557 above the normal compensation contained in this Agreement, to cover the costs of rental equipment, 2558 additional personnel, overtime hours and other documented expenses based on the rates set forth in Exhibit 2559 1 provided Contractor has first secured written authorization and approval from City through the Agreement 2560 Administrator. City will be given equal priority and access to resources as with other franchise jurisdictions 2561 held by Contractor or its affiliates. 2562
21.02 Disaster Recovery Support. In the event of a tornado, major storm, earthquake, fire, natural 2563 disaster, or other such event, Contractor agrees to provide disaster recovery support upon request by 2564 Agreement Administrator. This may include additional hauling of debris, special handling such as wrapping 2565 waste in plastic (i.e., “burrito wrapping”), temporary storage of debris where feasible, additional disposal, use 2566 of different transfer and disposal facilities, and documentation of debris type, weight, and diversion. 2567 Contractor should follow protocol laid out in the City’s Draft Disaster Debris Plan and any subsequent County 2568 or City Disaster Debris Plans, as applied to solid waste hauling and handling. 2569 Article 22. Record Keeping and Reporting Requirements 2570
22.01 Record Keeping. Notwithstanding Article 47 herein: 2571
22.01.1 Accounting Records. Contractor must maintain full, complete and separate 2572 financial, statistical and accounting records, pertaining to cash, billing, and provisions of all Collection 2573 Services, prepared on an accrual basis in accordance with generally accepted accounting principles. Such 2574 records will be subject to audit, copy, and inspection for the purposes set forth in Section 17.02.3. Gross 2575 receipts derived from provision of the Collection Services, whether such services are performed by 2576 Contractor or by a subcontractor or subcontractors, will be recorded as revenues in the accounts of 2577 Contractor. The Contractor shall keep and preserve, during the Term of this Agreement, and for a period 2578 of not less than four (4) years following expiration or other termination hereof, full, complete and accurate 2579 records, including all cash, billing and disposal records, as indicated in the Agreement. 2580
22.01.1.1 City reserves the right to review audited, reviewed, or compiled 2581 financial statements prepared by an independent Certified Public Accountant, or as may be provided by 2582 Contractor or its parent company. In the event that Contractor does not maintain separate financial or 2583 accounting records prepared specifically for services provided under this Agreement, Contractor may use 2584 industry standard allocation methods to provide financial information as applicable to the service provided 2585 under this Agreement. 2586
22.01.2 Agreement Materials Records. Contractor must maintain records of the quantities 2587 of (i) Residential, MFD, MXD and Commercial Solid Waste Collected and disposed under the terms of this 2588 Agreement, (ii) Recyclable Materials, by type, Collected, purchased, processed, sold, donated or given for 2589 no compensation, and residue disposed under the terms of this Agreement, and (iii) Organic Waste by type, 2590 Collected, purchased, processed, sold, donated or given for no compensation, and residue disposed under 2591 the terms of this Agreement 2592
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22.01.3 Other Records. Contractor must maintain all other records reasonably related to 2593 provision of Collection Services, whether or not specified in this Agreement. 2594
22.01.4 Report Format. All reports to be submitted in a format approved by the City, 2595 including electronic data submission in the City’s Waste Reporting System and in a format specified by the 2596 City. 2597
22.02 Quarterly Reporting. 2598
22.02.1 General. Quarterly reports must be submitted no later than 5 p.m. PT on the last 2599 day of the month following the end of Quarter in which the receipts are collected and must be provided 2600 electronically using software acceptable to the City. If the last day of the month falls on a day that City is 2601 closed or a holiday, then the report will be due on the next business day. Failure to submit complete 2602 quarterly reporting by the due date will result in penalties as specified in Exhibit 6. 2603
22.02.2 City Reports. Quarterly reports to City must include: 2604
22.02.2.1 Quarterly Payment Reporting. The payment report must include 2605 an accounting of Contractor’s Gross Revenues received during the preceding Quarter, and the calculated 2606 Franchise Fee and Marketing and Sales of Recyclable Materials Payment. 2607
22.02.2.2 Franchised Tonnage and Service Data. Contractor must report the 2608 number of unique SFD and MFD accounts serviced, the number of unique Commercial, MXD, and City 2609 accounts serviced, tonnage of Garbage, Recyclable Materials and Organic Waste collected and processed 2610 for diversion broken down by Container type, Residual amounts from Recycling and Organic Waste 2611 Diversion operations that are landfilled. Quantities should be broken down by SFD, MFD, MXD, 2612 Commercial, and City Service Collection Services. MXD properties must have tonnage assigned 2613 appropriately to Residential and Commercial generators. 2614
22.02.2.3 Overweight Vehicle Reporting. The quarterly report must include 2615 a summary total of all instances of overweight Collection Vehicles. This summary must include the number 2616 of overweight vehicle instances expressed as a percentage of the total number of Collection Vehicle loads 2617 transported during the reported quarter. 2618
22.02.2.4 Non-Collection. The quarterly report must include a summary of 2619 each Service Unit receiving a Non-Collection Notice in the previous quarter along with a description for the 2620 Non-Collection Notice. 2621
22.02.2.5 On-hold. The quarterly report must include each Service Unit that 2622 was not billed in the previous quarter due to vacation hold, vacancy etc. 2623
22.02.2.5.1 Vacation Hold Requirements. A Service Unit can be 2624 considered under a vacation hold under the following circumstances: a) Service will be suspended for no 2625 less than 3 consecutive months and no more than 6 consecutive months, b) Service will not be suspended 2626 more than once per rolling twelve month period,c) Application is being made at least 14 days in advance of 2627 FINAL AGREEMENT Page 75 of 184
the suspension start date, d) The property will remain unoccupied during the suspension and no waste will 2628 be generated on site, e) The account balance is current and will be kept current during the suspension 2629 period 2630
22.02.2.6 Collection Overage Charges. The quarterly report must include 2631 each Service Unit incurring a charge for a Solid Waste Overage in the previous quarter. 2632
22.02.2.7 Contamination Reporting. To the extent required by Applicable 2633 Law, the quarterly report must include a summary of all instances of qualifying contamination under the 2634 procedures in Section 5.08. This summary must include the total number of accounts where contamination 2635 occurred, the total number of Contamination Violation Notices issued by Contractor to Service Recipients, 2636 a list of accounts where such notices occurred, and the total number of instances where Collection 2637 Container size or Collection frequency was increased specifically due to contamination. Within twenty (20) 2638 Work Days of request by City, Contractor will provide copies of the Contamination Violation Notices and 2639 the digital documentation of contamination. 2640
22.02.2.8 Service Recipient Complaint Log. The quarterly report must 2641 include the Service Recipient call log collected from the previous quarter. 2642
22.03 Annual Reporting. 2643
22.03.1 General. An annual report must be submitted no later than 5 p.m. PT on January 2644 31, 2024 and each January 31st thereafter for the previous Calendar Year. If January 31st falls on a day that 2645 City is closed, then the report will be due on the next business day. Annual reports must be submitted 2646 electronically in software acceptable to the City. Failure to submit complete annual reporting by the due 2647 date will result in penalties as specified in Exhibit 6. Annual reports to City must include: 2648
22.03.1.1 Financial Statements. Contractor must make available annual 2649 financial statements for review, upon request by the City, for the local operation. Statements need not be 2650 reviewed or audited statements. 2651
22.03.1.2 Annual Sustainability and Compliance Report. Contractor must 2652 complete and submit data sections within their Sustainability and Compliance Plan to document education 2653 and outreach conducted, public event participation, school visits, compliance notices mailed, site visits, 2654 waste audits completed, information distributed, and media used, and community events hosted. This must 2655 include public education activities undertaken during the year, including distribution of bill inserts, collection 2656 notification tags, community information and events, tours and other activities related to the provision of 2657 Collection Services, and must discuss the impact of these activities on recycling program participation and 2658 include amounts collected from SFD, MFD, MXD, Commercial, and City Service Units. The report should 2659 include a complete list of all non-exempt commercial accounts, which includes each non-exempt account’s 2660 status as a “covered generator” under AB 341, AB 1826 and SB 1383, the date and status of Contractor’s 2661 outreach efforts at each non-exempt account, and the current level of Recycling and Organics program 2662 participation at each non-exempt account. 2663
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22.03.1.3 Summary of Programs. An analysis of any Recycling and Organic 2664 Waste Collection, processing and marketing issues or conditions (such as participation, setouts, 2665 contamination, etc.) and possible solutions, discussed separately for Residential and Commercial 2666 programs. 2667
22.03.1.4 Solid Waste Data. The number of SFD, MFD, MXD, Commercial, 2668 and City Service Units and the number of Collection Containers distributed by size and Service Unit type. 2669
22.03.1.5 Waste Characterization Data. A breakdown of Solid Waste 2670 (Garbage, Recycling, and Organics) by material type as per CalRecycle material classifications. 2671
22.03.1.6 Recycling Data. Gross tons Collected daily on average by material 2672 type by route for SFD, MFD, MXD, Commercial, and City Recycling service, with map of routes. The 2673 average participation rates by quarter relative to the total number of Service Units by Service Unit type. 2674 Indicate, by material type (and grade where appropriate), annual totals of Recyclable Materials processed 2675 including facility name and location, average cost or price received per ton and total recycling cost or 2676 revenue received for the year. Indicate any quantities, by material type, donated or otherwise disbursed 2677 without compensation. Indicate number of Recycling Collection Containers distributed by size and Service 2678 Unit type. Also provide annual totals and location for residue disposed. 2679
22.03.1.7 Organic Waste Data. Include average daily gross tons Collected 2680 by route, separated by Green Waste and Food Waste, with map of routes. Include the total number of 2681 generators that receive each type of Organic Waste Collection Service provided by the Contractor. Indicate 2682 average daily number of set-outs by route. Indicate average participation rates relative to the total number 2683 of Service Units in terms of weekly set-out counts. Indicate number of Organic Waste Collection Containers 2684 distributed by size and Service Unit type. Indicate, by material type, annual totals of Organic Materials 2685 processed including facility name and location, average cost or price received per ton and total organics 2686 cost or revenue received for the year. Provide totals and location for Residue Disposed. Include the number 2687 of route reviews conducted for prohibited contaminants and the number of Non-Collection Notices issued 2688 to Service Recipients. 2689
22.03.1.8 Customer Service Log. A copy of the customer service log, 2690 including a summary of the type and number of complaints and their resolution. Copies of a written record 2691 of all calls related to missed pickups and responses to such calls. 2692
22.03.1.9 Customer Service Information Sheet. A copy of Contractor’s most 2693 recent Customer Service Information Sheet (i.e., customer call center “cheat sheet”) for the City of Santa 2694 Clarita, or the equivalent information used by customer service representatives. 2695
22.03.1.10 Overweight Vehicle Data. A summary of all instances of 2696 overweight Collection Vehicles. This summary must also include the number of overweight vehicle 2697 instances as a percentage of the total number of Collection Vehicle loads transported during the Calendar 2698 Year. 2699
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22.03.1.11 Summary Narrative. A summary narrative of problems 2700 encountered with Collection and processing activities and actions taken. Indicate type and number of Non-2701 Collection Notices left at Service Recipient locations. Indicate instances of property damage or injury, 2702 significant changes in operation, market factors, publicity conducted, needs for publicity. Include description 2703 of processed material loads rejected for sale, reason for rejection and disposition of load after rejection. 2704
22.03.1.12 Collection Container and Vehicle Inventory. An updated complete 2705 inventory of Collection Containers by type and size, and an updated complete inventory of Collection 2706 Vehicles including for each vehicle: truck number, route number, date purchased, vehicle type, tare weight, 2707 license plate number, fuel type and vehicle make and model. 2708
22.03.1.13 Diversion Rate. Contractor must provide documentation 2709 acceptable to City in its reasonable judgment stating and supporting the Calendar Year’s Franchise 2710 Diversion Rate, as calculated in accordance with the provisions of Article 8. Any tonnages diverted and 2711 disposed from large venues and events during the reporting period will be counted towards the calculated 2712 diversion rate. 2713
22.03.1.14 AB 341, AB 1826, and SB 1383 Compliance Data. Contractor 2714 must report the total number of Commercial and MFD/MXD Service Units serviced and the number of 2715 containers, container sizes and frequency of collection for Garbage, Recyclable Materials and Organic 2716 Waste for each non-exempt Commercial and MFD/MXD Service Unit. Contractor must also provide the 2717 following information separately for both AB 341 and AB 1826: 2718
22.03.1.15 The total number of non-exempt Commercial, MFD, and MXD 2719 Service Units that fall under the AB 341 or AB 1826 thresholds, and the total number of those non-exempt 2720 Commercial, MFD, and MXD Service Units that are not subscribed to Commercial, MFD, or MXD Recycling 2721 Collection Service or Commercial, MFD, or MXD Organics Collection Service. 2722
22.03.1.16 A summary of the type of follow-up outreach that was provided to 2723 those non-exempt Commercial, MFD, and MXD Service Units that are not subscribed to Commercial, MFD, 2724 or MXD Recycling Collection Service or Commercial, MFD, or MXD Organics Collection Service. 2725
22.03.1.17 Contractor shall provide proof of training records for Service 2726 Recipient personnel, emergency procedures, Customer Service Courtesy, and how to recognize Illicit 2727 Discharges and stormwater pollution sources. 2728
22.04 Diversion Calculation and Data. By 5 p.m. PT on August 15, 2024 and annually thereafter 2729 during the term of this Agreement, Contractor must deliver to City, in the format specified by City, the 2730 Calendar Year’s Franchised Diversion Rate, as calculated in accordance with the provisions of Article 8. Any 2731 tonnages Diverted and disposed from large venues and events during the reporting period will be counted 2732 towards the calculated Diversion rate. 2733
22.05 CalRecycle Reports. Contractor will provide reasonable assistance to City in preparing 2734 annual reports to CalRecycle (the “Electronic Annual Report” or EAR), including but not limited to supplying 2735 FINAL AGREEMENT Page 78 of 184
required data for preparation of the reports, and completing all required data input in the Waste Reporting 2736 System. 2737
22.05.1 In the event that CalRecycle requires City to report an Implementation Schedule 2738 to comply with AB 341, AB 1826, SB 1383, SB 1594 and other Applicable Laws, Contractor will provide 2739 assistance to City in preparing a report, including Contractor’s policies and procedures related to 2740 compliance with AB 341, AB 1826, SB 1383, and other Applicable Laws and how Recyclable Materials or 2741 Organic Waste are collected, a description of the geographic area, routes, list of addresses served and a 2742 method for tracking contamination, copies of route audits, copies of notice of contamination, copies of 2743 notices, violations, education and enforcement actions issued, and copies of educational materials, flyers, 2744 brochures, newsletters, website, and social media. 2745
22.06 Waste Characterization Audit. Contractor must conduct statistically-valid waste audits of 2746 Residential and Commercial Service Recipients’ waste once annually, including Recycling, Garbage, and 2747 Organic Waste, and provide characterization data to the City as part of its Annual Report (Section 22.03). 2748 Material types and guidance should follow CalRecycle requirements and/or recommendations. 2749
22.07 Additional Reporting. Contractor must furnish City with any additional reports as may 2750 reasonably be required, such reports to be prepared within a reasonable time following the reporting period. 2751 Article 23. Nondiscrimination 2752
23.01 Nondiscrimination. In the performance of all work and services under this Agreement, 2753 Contractor may not discriminate against any person based on such person’s race, sex, gender, gender 2754 identity, color, national origin, religion, marital status or sexual orientation. Contractor must comply with all 2755 applicable local, State and Federal laws and regulations regarding nondiscrimination, including those 2756 prohibiting discrimination in employment. 2757
Article 24. Service Inquiries and Complaints 2758
24.01 Contractor’s Customer Service. All service inquiries and complaints will be directed to 2759 Contractor. A representative of Contractor must be available to receive the complaints during normal 2760 business hours. Contractor is required to use the City’s Resident Service Center (RSC) or any customer 2761 Relationship Management System put in place by the City in the future for handling of customer complaints 2762 received by the City for hauling, illegal dumping, and any other services under this Agreement. Contractor 2763 must participate in mandatory RSC training before using system and at least annually thereafter. Customer 2764 Service training shall include Service Recipient courtesy, shall prohibit the use of loud or profane language, 2765 and shall instruct Collection crews to perform the work quietly. Contractor shall use its best efforts to assure 2766 that all employees present a neat appearance and conduct themselves in a courteous manner. All service 2767 complaints will be handled by Contractor in a prompt and efficient manner. RSC cases must be addressed 2768 and resolved within three (3) Work Days unless otherwise noted in 24.01.5. In the case of a dispute between 2769 Contractor and a Service Recipient, the matter will be reviewed, and a decision made by the Agreement 2770 Administrator. 2771
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24.01.1 Contractor will utilize the Customer Service Log to maintain a record of all inquiries 2772 and complaints in a manner prescribed by City. 2773
24.01.2 For those complaints related to missed Collections, where Containers are properly 2774 and timely set out, that are received by 12:00 noon on a Work Day, Contractor will return to the Service 2775 Unit address and Collect the missed materials before leaving the Service Area for the day. For those 2776 complaints related to missed Collections that are received after 12:00 noon on a Work Day, Contractor will 2777 have until the end of the following Work Day to resolve the complaint. For those complaints related to repair 2778 or replacement of Collection Containers, the appropriate Sections of this Agreement will apply. 2779
24.01.3 Contractor agrees that it is in the best interest of City that all Garbage, Recyclable 2780 Materials, and Organic Waste be collected on the scheduled Collection day. Accordingly, missed 2781 Collections will normally be Collected as set forth above regardless of the reason that the Collection was 2782 missed. However, in the event a Service Recipient requests missed Collection service more than two (2) 2783 times in any consecutive two (2) month period the Agreement Administrator will work with Contractor to 2784 determine an appropriate resolution to that situation. In the event Contractor believes any complaint to be 2785 without merit, Contractor will notify the Agreement Administrator, by e-mail. The Agreement Administrator 2786 will investigate all disputed complaints and render a decision. 2787
24.01.4 Contractor’s service and emergency telephone numbers must be accessible by a 2788 local (City) phone number or toll-free number. The service telephone number(s) must be listed in the area’s 2789 telephone directories under Contractor’s name in the White Pages and available through an online search 2790 and listed on the Contractor’s website. 2791
24.01.5 For routine service requests generated from either the City or customers, the 2792 Contractor will address and resolve the issue within three (3) working days. More complicated requests 2793 may be extended by the City due to circumstances such as container delivery issues, data requests, or 2794 procurement difficulties. For requests that exceed the time limit to complete the Contractor is subject to 2795 Administrative Charges found in Exhibit 6. 2796
2797
Article 25. Quality of Performance of Contractor 2798
25.01 Intent. Contractor acknowledges and agrees that one of City’s primary goals in entering 2799 into this Agreement is to ensure that the Collection Services are of the highest caliber, that Service Recipient 2800 satisfaction remains at the highest level, that maximum diversion levels are achieved, and that materials 2801 Collected are put to the highest and best use to the extent possible. 2802
25.02 Administrative Charges and Penalties. Quality performance by the Contractor is of primary 2803 importance. In respect of this, Contractor agrees to pay City administrative charges and penalties as detailed 2804 in Exhibit 6 should Contractor fail to meet its responsibilities under this Agreement. Should Contractor be in 2805 breach of the requirements set forth in this Agreement, it is mutually understood and agreed that the public 2806 will necessarily suffer damages and that such damages, from the nature of the default in performance will 2807 be extremely difficult and impractical to fix. City finds, and the Contractor agrees, that as of the time of the 2808 FINAL AGREEMENT Page 80 of 184
execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages 2809 which will be incurred by City as a result of a breach by Contractor of its obligations under this Agreement. 2810 The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact 2811 that: (i) substantial damage results to members of the public who are denied services or denied quality or 2812 reliable service; (ii) such breaches cause inconvenience, anxiety, frustration and deprivation of the benefits 2813 of this Agreement to individual members of the general public for whose benefit this Agreement exists, in 2814 subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary 2815 terms; (iii) services might be available at substantially lower costs than alternative services, and the monetary 2816 loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in 2817 precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies 2818 are, at best, a means of future correction and not remedies which make the public whole for past breaches. 2819
25.03 Procedure for Review of Administrative Charges. The Agreement Administrator may 2820 assess administrative charges and penalties as specified in Exhibit 6 pursuant to this Agreement quarterly. 2821 At the end of each quarter during the term of this Agreement, the Agreement Administrator will issue a written 2822 notice to Contractor (“Notice of Assessment”) of the administrative charges assessed and the basis for each 2823 assessment. 2824
25.03.1 The assessment will become final unless, within ten (10) calendar days of the date 2825 of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to 2826 present evidence that the assessment should not be made. 2827
25.03.2 The Agreement Administrator will schedule a meeting between Contractor and the 2828 City Manager as soon as reasonably possible after timely receipt of Contractor’s request. 2829
25.03.3 The City Manager will review Contractor’s evidence and render a decision 2830 sustaining or reversing the administrative charges as soon as reasonably possible after the meeting. Written 2831 notice of the decision will be provided to Contractor. 2832
25.03.4 In the event Contractor does not submit a written request for a meeting within ten 2833 (10) calendar days of the date of the Notice of Assessment, the Agreement Administrator’s determination 2834 will be final. 2835
25.03.5 City’s assessment or collection of administrative charges will not prevent City from 2836 exercising any other right or remedy, including the right to terminate this Agreement, for Contractor’s failure 2837 to perform the work and services in the manner set forth in this Agreement. 2838
25.04 Uncontrollable Circumstances. 2839
25.04.1 If either party is prevented from or delayed in performing its duties under this 2840 Agreement by circumstances beyond its control, whether or not foreseeable, including, without limitation, 2841 acts of terrorism, landslides, lightning, forest fires, storms, floods, severe weather, freezing, earthquakes, 2842 other natural disasters, the threat of such natural disasters, pandemics (or threat of same), quarantines, 2843 civil disturbances, acts of the public enemy, wars, blockades, public riots, strikes, lockouts, or other labor 2844 FINAL AGREEMENT Page 81 of 184
disturbances, acts of government or governmental restraint or other causes, whether of the kind 2845 enumerated or otherwise, that are not reasonably within the control of the affected party, then the affected 2846 party will be excused from performance hereunder during the period of such disability. 2847
25.04.2 The party claiming excuse from performance must promptly notify the other party 2848 when it learns of the existence of such cause, including the facts constituting such cause, and when such 2849 cause has terminated. 2850
25.04.3 The interruption or discontinuance of services by a party caused by circumstances 2851 outside of its control will not constitute a default under this Agreement. 2852 Article 26. Performance Bond 2853
26.01 Performance Bond. Within ten (10) Business Days from the date the City Council approves 2854 this Agreement, Contractor must furnish to City, and keep current, a performance bond, for the faithful 2855 performance of this Agreement and all obligations arising hereunder in an amount as follows: 2856
26.01.1 From July 1, 2023 and so long as this Agreement or any extension thereof remains 2857 in force, Contractor must maintain a performance bond in the amount of two million dollars ($2,000,000). 2858
26.01.1.1 The performance bond must be executed by a surety company 2859 licensed to do business in the State of California; having an "A-" or better rating by A. M. Best or Standard 2860 and Poor’s; and included on the list of surety companies approved by the Treasurer of the United States. 2861
26.01.1.2 In the event City draws on the bond, all of City’s costs of collection 2862 and enforcement of the Bond, including reasonable attorney’s fees and costs, must be paid by Contractor. 2863
26.01.1.3 The Performance Bond must be renewed annually for the entire 2864 term of the Agreement and evidence must be provided to City annually. 2865 Article 27. Insurance 2866
27.01 Insurance Policies. Contractor must secure and maintain throughout the term of this 2867 Agreement insurance against claims for injuries to persons or damages to property which may arise from or 2868 in connection with Contractor’s performance of work or services under this Contract. Contractor’s 2869 performance of work or services includes performance by Contractor’s employees, agents, representatives 2870 and subcontractors. 2871
27.02 Minimum Scope of Insurance. Insurance coverage must be at least this broad: 2872
27.02.1 Insurance Services Office Form No. GL 0002 (Ed. 1/96) covering Comprehensive 2873 General Liability and Insurance Services Office Form No. GL 0404 covering Broad Form Comprehensive 2874 General Liability; or Insurance Services Office Commercial General Liability coverage (“occurrence” form 2875 CG 0001), including X, C, U where applicable. 2876
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27.02.2 Insurance Services Office Form No.CA 0001 (Ed. 10/13) covering Automobile 2877 Liability, code 1 “any auto”, or code 2 “owned autos” and endorsement CA 0025. Coverage must also 2878 include code 8, “hired autos” and code 9 “non-owned autos”. 2879
27.02.3 Workers’ Compensation insurance as required by the California Labor Code and 2880 Employers Liability Insurance. 2881
27.02.4 Environmental Pollution Liability Insurance. 2882
27.03 Minimum Limits of Insurance. Contractor must maintain insurance limits no less than: 2883
27.03.1 Comprehensive General Liability: $3,000,000 combined single limit per occurrence 2884 for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a 2885 general aggregate limit is used, either the general aggregate limit will apply separately to this Agreement 2886 or the general aggregate limit must be $5,000,000. 2887
27.03.2 Automobile Liability: $10,000,000 combined single limit per accident for bodily 2888 injury and property damage. 2889
27.03.3 Workers’ Compensation and Employers Liability: Workers’ Compensation limits as 2890 required by the California Labor Code and Employers Liability limits of $1,000,000 per accident. 2891
27.03.4 Environmental Pollution Liability: $3,000,000 per occurrence and $5,000,000 2892 aggregate, with five (5) years tail coverage. Coverage shall include bodily injury or property damage arising 2893 out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of 2894 pollutants resulting from Contractor’s operations. 2895
27.03.5 If Consultant maintains higher limits than the minimum shown above, the City 2896 requires and shall be entitled to coverage for the higher limits maintained by the Service Provider. Any 2897 available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be 2898 available to the City. 2899
27.04 Deductibles and Self-Insured Retention. Any deductibles or self-insured retention must be 2900 declared to City’s risk manager. Should City form a reasonable belief that Contractor may be unable to pay 2901 any deductibles or self-insured retentions, Contractor must procure a bond guaranteeing payment of losses 2902 and related investigations, claim administration and defense expenses in an amount specified by City’s risk 2903 manager. 2904
27.05 Endorsements. The policies are to contain, or be endorsed to contain, the following 2905 provisions: 2906
27.05.1 General Liability, Automobile and Environmental Liability Coverage. 2907
27.05.1.1 City, its officers, employees, agents and contractors are to be 2908 covered as additional insureds as respects: Liability arising out of activities performed by, or on behalf of, 2909 FINAL AGREEMENT Page 83 of 184
Contractor; products and completed operations of Contractor; premises owned, leased or used by 2910 Contractor; and automobiles owned, leased, hired or borrowed by Contractor. The coverage must contain 2911 no special limitations on the scope of protection afforded to City, its officers, employees, agents and 2912 contractors. 2913
27.05.1.2 Contractor’s insurance coverage must be primary insurance as 2914 respects City, its officers, employees, agents and contractors. Any insurance, or self-insurance maintained 2915 by City, its officers, employees, agents or contractors will be in excess of Contractor’s insurance and will 2916 not contribute with it. 2917
27.05.1.3 Any failure to comply with reporting provisions of the policies will 2918 not affect coverage provided to City, its officers, employees, agents, or contractors. 2919
27.05.1.4 Coverage must State that Contractor’s insurance will apply 2920 separately to each insured against whom claim is made or suit is brought, except with respect to the limits 2921 of the insurer’s liability. 2922
27.05.2 All Coverage. Each insurance policy required by this Agreement must be endorsed 2923 to State that coverage may not be canceled except after thirty (30) calendar days (ten (10) days in the event 2924 of cancellation for non-payment) prior written notice has been given to City. Moreover, Contractor will not 2925 order the cancellation of any required insurance policy or change in insurance policy limits without thirty 2926 (30) days prior written notice to City by Contractor. 2927
27.06 Acceptability of Insurers. Insurance is to be placed with insurers having an A.M. Best rating 2928 of A-/VII or better. 2929
27.07 Verification of Coverage. Contractor must furnish City with certificates of insurance and 2930 with original endorsements affecting coverage required by this Agreement. The certificates and endorsement 2931 for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its 2932 behalf. Contractor must furnish City with a new certificate of insurance and endorsements on each renewal 2933 of coverage or change of insurers. 2934
27.07.1 Proof of insurance must be mailed to the following address or any subsequent 2935 address as may be directed by the City: 2936
City of Santa Clarita Neighborhood Services Department 2937 Attn: Environmental Services Manager 2938
23920 Valencia Blvd., Suite 102 2939
Santa Clarita, CA 91355 2940
27.08 Subcontractors. Contractor must include all subcontractors performing services in the City 2941 as insureds under its policies or subcontractors must obtain separate certificates and endorsements. 2942
27.09 Modification of Insurance Requirements. The insurance requirements provided in this 2943 Agreement may be modified or waived by City’s risk manager, in writing, upon the request of Contractor if 2944 FINAL AGREEMENT Page 84 of 184
City’s risk manager determines such modification or waiver is in the best interest of City considering all 2945 relevant factors, including exposure to City. 2946
27.10 Rights of Subrogation. All required insurance policies must preclude any underwriter's 2947 rights of recovery or subrogation against City with respect to matters related to Contractor’s performance of 2948 its obligations under this Agreement, with the express intention of the parties being that the required 2949 insurance coverage protects both parties as the primary coverage for any and all losses covered by the 2950 above-described insurance. Contractor must ensure that any companies issuing insurance to cover the 2951 requirements contained in this Agreement agree that they will have no recourse against City for payment or 2952 assessments in any form on any policy of insurance. The clauses ‘Other Insurance Provisions’ and ‘Insured 2953 Duties in the Event of an Occurrence, Claim or Suit’ as it appears in any policy of insurance in which City is 2954 named as an additional insured will not apply to City. 2955
27.11 Failure to maintain insurance. Should Contractor fail to obtain or maintain insurance as 2956 required by this Agreement, Contractor shall have seven (7) days to cure the defect, during which time 2957 City shall have the option, but not the obligation to, at Contractor's sole expense: (i) hire replacement waste 2958 hauler services to perform Contractor's tasks until insurance coverage is resumed; or (ii) obtain replacement 2959 insurance coverage during said cure period. Should Contractor fail to correct this defect, City shall have the 2960 option to terminate this Agreement immediately. 2961
Article 28. Hold Harmless and Indemnification 2962
28.01 Hold Harmless for Consultant's Damages. Contractor holds City, its elected officials, 2963 officers, agents, employees, and volunteers harmless from all of Contractor’s claims, demands, lawsuits, 2964 judgments, damages, losses, injuries or liability to Contractor, to Contractor’s employees, to Contractor’s 2965 contractors or subcontractors, or to the owners of Contractor’s firm, which damages, losses, injuries or 2966 liability occur during the work or services required under this Agreement, or performance of any activity or 2967 work required under this Agreement. 2968
28.02 Defense and Indemnity of Third Party Claims/Liability. Contractor shall indemnify, defend 2969 with legal counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers 2970 from and against all liability including, but not limited to, loss, damage, expense, cost (including without 2971 limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature 2972 arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct in the 2973 performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, 2974 except such loss or damage which is caused by the negligence or willful misconduct breach of this 2975 Agreement, or violation of law by City. Should conflict of interest principles preclude a single legal counsel 2976 from representing both City and Contractor, or should City otherwise reasonably find Contractor’s legal 2977 counsel unacceptable, then Contractor shall reimburse City its costs of defense, including without limitation 2978 reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor shall 2979 promptly pay City any final judgment rendered against City (and its officers, officials, employees and 2980 volunteers) with respect to claims determined by a trier of fact to have been the result of Contractor’s 2981 negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing 2982 FINAL AGREEMENT Page 85 of 184
provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and 2983 will survive termination of this Agreement. 2984
28.02.1 Contractor’s obligations under this Section apply regardless of whether or not such 2985 claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine 2986 or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the 2987 rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold 2988 harmless City for liability attributable to the active negligence of City, provided such active negligence is 2989 determined by agreement between the parties or by findings of a court of competent jurisdiction. In 2990 instances where City is shown to have been actively negligent and where City’s active negligence accounts 2991 for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion 2992 or percentage of liability not attributable to the active negligence of City. 2993
28.03 Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, 2994 defense or hold harmless rights under this Section because of the acceptance by City, or the deposit with 2995 City, of any insurance certificates or policies described in Article 27. 2996
28.04 Diversion Indemnification. Subject to the requirements of Public Resources Code section 2997 40059.1 and 40059.2 , which will control in the event of any conflict with the provisions of this Section, 2998 Contractor agrees to protect and defend City Indemnitees with counsel selected by Contractor and approved 2999 by City, to pay all attorneys’ fees, and to indemnify and hold City Indemnitees harmless from and against all 3000 fines or penalties imposed by the California Integrated Waste Management Board if the diversion goals 3001 specified in California Public Resources Code section 41780, as it may be amended, are not met by City 3002 with respect to the Materials Collected by Contractor and if the lack in meeting such goals are attributable 3003 to the failure of Contractor to implement and operate the recycling or diversion programs or undertake the 3004 related activities required by this Agreement. In the event CalRecycle provides an administrative process to 3005 challenge the imposition of a compliance order or a fine or fines, Contractor will be responsible for engaging 3006 any consultants or attorneys necessary to represent City in any challenge. Contractor will be responsible for 3007 the retention of and payment to any consultants engaged to perform waste generation studies (diversion 3008 and disposal). All consultants and attorneys engaged hereunder are subject to the agreement of City and 3009 Contractor. 3010
28.05 Hazardous Substances Indemnification. Contractor agrees to indemnify, defend (with 3011 counsel reasonably approved by City), protect and hold harmless the City Indemnitees from and against any 3012 and all Claims of any kind whatsoever paid, suffered or incurred by or against the City Indemnitees resulting 3013 from any repair, cleanup, removal action or response action undertaken pursuant to CERCLA, the Health & 3014 Safety Code or other similar Federal, State or local law or regulation, with respect to Solid Waste or 3015 Household Hazardous Waste Collected and Disposed of by Contractor. The foregoing indemnity is intended 3016 to operate as an agreement pursuant to Section 107(e) of CERCLA and Section 25364 of the Health & 3017 Safety Code to defend, protect, hold harmless and indemnify the City Indemnitees from all forms of liability 3018 under CERCLA, the Health & Safety Code or other similar Federal, State or local law or regulation. 3019
28.06 Proposition 218 Release. City intends to comply with all applicable laws concerning the 3020 Maximum Service Rates provided under this Agreement. Upon thorough analysis, the parties have made a 3021 FINAL AGREEMENT Page 86 of 184
good faith determination that the Maximum Service Rates for the Solid Waste Collection Services provided 3022 under this Agreement are not subject to California Constitution Articles XIIIC and XIIID because, among 3023 other reasons, such services are provided by a private corporation and not by City pursuant to Article 5, 3024 Contractor independently establishes the rates for services within the limits established in this Agreement, 3025 the receipt of services is voluntary and not required of any property within City, and any owner or Service 3026 Recipient of property within City has the opportunity to avoid the services available under this Agreement 3027 either through self-hauling or use of property in such a manner that Solid Waste is not generated. 3028 Accordingly, Contractor agrees to hold harmless and release the City Indemnitees from and against any and 3029 all claims Contractor may have against the City Indemnitees resulting in any form from the Maximum Service 3030 Rates provided for under this Agreement or in connection with the application of California Constitution 3031 Article XIIIC and Article XIIID to the imposition, payment or collection of the rates under this Agreement. This 3032 Section will survive the expiration or termination of this Agreement for Claims arising prior to the expiration 3033 or termination of this Agreement. 3034
28.07 Consideration. It is specifically understood and agreed that the consideration inuring to 3035 Contractor for the execution of this Agreement consists of the promises, payments, covenants, rights and 3036 responsibilities contained in this Agreement. 3037
28.08 Obligation. This Agreement obligates Contractor to comply with the foregoing 3038 indemnification and release provisions; however, the collateral obligation of providing insurance must also 3039 be complied with as set forth in this Agreement. The provision of insurance and the coverage limits therein 3040 shall not in any way be a limitation on Contractor’s indemnification and defense obligations. 3041
28.09 Subcontractors. Contractor must require all subcontractors performing work in the City to 3042 enter into a contract containing the provisions set forth in Section 27.01 in which contract the subcontractor 3043 fully indemnifies City in accordance with this Agreement. 3044
28.10 Exception. Notwithstanding other provisions of this Agreement, Contractor’s obligation to 3045 indemnify, hold harmless and defend City, its officers and employees will not extend to any loss, liability, 3046 penalty, damage, action or suit arising or resulting solely from acts or omissions constituting active 3047 negligence, willful misconduct, breach of this Agreement, or violation of law on the part of City, its officers or 3048 employees. 3049
28.11 Damage by Contractor. If Contractor’s employees or subcontractors cause any injury, 3050 damage or loss to City property, including but not limited to City streets or curbs, excluding normal wear and 3051 tear, Contractor must reimburse City for City’s cost of repairing or replacing such injury, damage or loss. 3052 Such reimbursement is not in derogation of any right of City to be indemnified by Contractor for any such 3053 injury, damage or loss. With the prior written approval of City, Contractor may repair the damage at 3054 Contractor’s sole cost and expense. Any injury, damage or loss to private property caused by the negligent 3055 or willful acts or omissions of Contractor to private property must be repaired or replaced by Contractor at 3056 Contractor’s sole expense. Disputes between Contractor and its Service Recipients or private property 3057 owners as to damage to private property are civil matters and complaints of damage will be referred to 3058 Contractor as a matter within its sole responsibility and as a matter within the scope of Section 27.01 3059 [Indemnification]. 3060
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Article 29. Default of Agreement 3061
29.01 Termination. City may cancel this Agreement, except as otherwise provided below in this 3062 Section, by giving Contractor thirty (30) calendar days advance written notice, to be served as provided in 3063 this Agreement, upon the happening of any one of the following events: 3064
29.01.1 Contractor takes the benefit of any present or future insolvency statute, or makes 3065 a general assignment for the benefit of creditors, or files a voluntary petition in bankruptcy (court) or a 3066 petition or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness 3067 under the Federal bankruptcy laws or under any other law or statute of the United States or any State 3068 thereof, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its 3069 property; or 3070
29.01.2 By order or decree of a court, Contractor is adjudged bankrupt or an order is made 3071 approving a petition filed by any of its creditors or by any of the stockholders of Contractor, seeking its 3072 reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law 3073 or statute of the United States or of any State thereof, provided that if any such judgment or order is stayed 3074 or vacated within sixty (60) calendar days after the entry thereof, any notice of default will be and become 3075 null, void and of no effect; unless such stayed judgment or order is reinstated in which case, such default 3076 will be deemed immediate; or 3077
29.01.3 By, or pursuant to, or under the authority of any legislative act, resolution or rule 3078 or any order or decree of any court or governmental board, agency or officer having jurisdiction, a receiver, 3079 trustee or liquidator takes possession or control of all or substantially all of the property of Contractor, and 3080 such possession or control continues in effect for a period of sixty (60) calendar days; or 3081
29.01.4 Contractor has defaulted, by failing or refusing to pay in a timely manner the 3082 administrative charges or other monies due City and such default is not cured within thirty (30) calendar 3083 days of receipt of written notice by City to do so; or 3084
29.01.5 Contractor has defaulted by allowing any final judgment for the payment of money 3085 owed to City to stand against it unsatisfied and such default is not cured within thirty (30) calendar days of 3086 receipt of written notice by City to do so; or 3087
29.01.6 In the event that the monies due City under Section 29.01.3 above or an unsatisfied 3088 final judgment under Section 29.01.4 above is the subject of a judicial proceeding, Contractor will not be in 3089 default if the sum of money is bonded. All bonds must be in the form acceptable to the City Attorney; or 3090
29.01.7 Contractor has defaulted, by failing or refusing to perform or observe any of the 3091 terms, conditions or covenants in this Agreement, including, but not limited to, the maintenance of a 3092 performance bond in accordance with Article 26, or any of the rules and regulations promulgated by City 3093 pursuant thereto or has wrongfully failed or refused to comply with the instructions of the Agreement 3094 Administrator relative thereto and such default is not cured within thirty (30) calendar days of receipt of 3095 written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied 3096 FINAL AGREEMENT Page 88 of 184
within thirty (30) calendar days following receipt by Contractor of written demand from City to do so, 3097 Contractor fails to commence the remedy of such default within such thirty (30) calendar days following 3098 such written notice or having so commenced fails thereafter to continue with diligence the curing thereof 3099 (with Contractor having the burden of proof to demonstrate (a) that the default cannot be cured within thirty 3100 (30) calendar days, and (b) that it is proceeding with diligence to cure such default, and such default will be 3101 cured within a reasonable period of time). However, notwithstanding anything contained herein to the 3102 contrary, for the failure of Contractor to provide Collection Services for a period of three (3) consecutive 3103 Work Days, City may secure Contractor's records on the fourth (4th) Work Day in order to provide interim 3104 Collection services until such time as the matter is resolved and Contractor is again able to perform pursuant 3105 to this Agreement; provided, however, if Contractor is unable for any reason or cause to resume 3106 performance at the end of thirty (30) calendar days all liability of City under this Agreement to Contractor 3107 will cease and this Agreement may be terminated by City. 3108
29.02 Violations. Notwithstanding the foregoing and as supplemental and additional means of 3109 termination of this Agreement under this Article, in the event that Contractor's record of performance shows 3110 that Contractor has defaulted in the performance of any of the covenants and conditions required herein to 3111 be kept and performed by Contractor three (3) or more times in any twenty-four (24) month period, and 3112 regardless of whether the Contractor has corrected each individual condition of default, Contractor will be 3113 deemed a "habitual violator", will be deemed to have waived the right to any further notice or grace period 3114 to correct, and all such defaults will be considered cumulative and collectively will constitute a condition of 3115 irredeemable default. City will thereupon issue Contractor a final warning citing the circumstances therefore, 3116 and any single default by Contractor of whatever nature, subsequent to the occurrence of the last of such 3117 cumulative defaults, will be grounds for immediate termination of the Agreement. In the event of any such 3118 subsequent default, City may terminate this Agreement upon giving of written final notice to Contractor, such 3119 cancellation to be effective upon the date specified in City's written notice to Contractor, and all contractual 3120 fees due hereunder plus any and all charges and interest will be payable to such date, and Contractor will 3121 have no further rights hereunder. Immediately upon the specified date in such final notice Contractor must 3122 cease any further performance under this Agreement. 3123
29.03 Effective Date. In the event of any the events specified above, and except as otherwise 3124 provided in such subsections, termination will be effective upon the date specified in City's written notice to 3125 Contractor and upon such date this Agreement will be deemed immediately terminated and upon such 3126 termination, except for payment of services rendered up to and including the date of termination, all liability 3127 of City under this Agreement to Contractor will cease, and City will have the right to call the performance 3128 bond and will be free to negotiate with other contractors for the operation of interim and long-term Collection 3129 Services. Contractor must reimburse City for all direct and indirect costs of providing any interim Collection 3130 Services as a result of Contractor’s default in this Agreement. 3131
29.04 Termination Cumulative. City’s right to terminate this Agreement is cumulative to any other 3132 rights and remedies provided by law or by this Agreement. 3133
29.05 Alternative Service. Should Contractor, for any reason, except the occurrence or existence 3134 of any of the events or conditions set forth in Section 25.04 [Uncontrollable Circumstances], refuse or be 3135 unable for a period of more than forty-eight (48) hours, to Collect a material portion or all of the Solid Waste 3136 FINAL AGREEMENT Page 89 of 184
which it is obligated under this Agreement to Collect, and as a result, Solid Waste should accumulate in City 3137 to such an extent, in such a manner, or for such a time that the City Manager, in the reasonable exercise of 3138 the City Manager's discretion, should find that such accumulation endangers or menaces the public health, 3139 safety or welfare, then City will have the right to Agreement with another Solid Waste enterprise to Collect 3140 any or all Solid Waste which Contractor is obligated to Collect pursuant to this Contract. City must provide 3141 twenty-four (24) hours prior written notice to Contractor during the period of such event, before contracting 3142 with another Solid Waste enterprise to Collect any or all Solid Waste that Contractor would otherwise collect 3143 pursuant to this Agreement for the duration of period during which Contractor is unable to provide such 3144 services. In such event, Contractor must undertake commercially reasonable efforts to identify sources from 3145 which such substitute Solid Waste services are immediately available and must reimburse City for all of its 3146 expenses for such substitute services during period in which Contractor is unable to provide Collection 3147 services required by this Agreement. 3148
29.06 Survival of Certain Contractor Obligation. Notwithstanding the termination of this 3149 Agreement by Contractor or City, Contractor’s obligation to indemnify, defend and hold City and City 3150 Indemnitees harmless as provided in this Agreement shall survive termination for five (5) years from the date 3151 of termination. Notwithstanding the termination of this Agreement by Contractor or City, such act shall not 3152 automatically invalidate or cancel any insurance policy, letter of credit, performance bond or similar 3153 instruments provided by Contractor under this Agreement and such policies, letters of credit, performance 3154 bonds and other instruments shall remain in full force and effect for one full year after termination. 3155 Article 30. Modifications to the Agreement 3156
30.01 City-Directed Change. City has the power to make changes in this Agreement to impose 3157 new rules and regulations on Contractor under this Agreement relative to the scope and methods of providing 3158 Collection Services as may from time-to-time be necessary and desirable for the public welfare. The size of 3159 Collection Containers specified herein for Bundled Service are designed to meet the requirements of the 3160 State’s recycling mandates including AB 341, AB 1826 and SB 1383, and to be appropriate for the 3161 capabilities and capacities of available Materials Recovery Facilities and Organics Waste Processing 3162 Facilities at the start of this Agreement. The capabilities and capacities of such facilities may change during 3163 the term of this Agreement; as such City reserves the right to redirect materials to alternate facilities and 3164 change the designated sizes of Carts and/or Bins in Bundled Services in accordance with any such changes. 3165 City will give the Contractor notice of any proposed change and an opportunity to be heard concerning those 3166 matters, and agrees to adjust Service Rates to reflect additional costs borne by Contractor. The scope and 3167 method of providing Collection Services as referenced herein will be liberally construed to include 3168 procedures, operations and obligations, financial or otherwise, of Contractor. When such modifications are 3169 made to this Agreement, City and Contractor will negotiate in good faith, a reasonable and appropriate 3170 compensation adjustment for any increase or decrease in the services or other obligations required of 3171 Contractor due to any modification in the Agreement under this Article. City and Contractor will not 3172 unreasonably withhold agreement to such compensation adjustment. Should agreement between City and 3173 Contractor on compensation adjustment not be reached within six months of the change request, or other 3174 period as agreed upon by both parties, City and Contractor agree to submit the compensation adjustment 3175 to binding arbitration as described in Section 30.02. 3176 FINAL AGREEMENT Page 90 of 184
30.01.1 Change in Law. City and Contractor understand and agree that the California 3177 Legislature has the authority to make comprehensive changes in Solid Waste Collection legislation, and 3178 that these and other changes in Applicable Law in the future which mandate certain actions or programs 3179 for counties, municipalities or Contractor may require changes or modifications in some of the terms, 3180 conditions or obligations under this Agreement. Contractor agrees that the terms and provisions of the City 3181 of Santa Clarita Municipal Code, as it now exists or as it may be amended in the future (in a manner not 3182 inconsistent with this Agreement), will apply to all of the provisions of this Agreement and the Service 3183 Recipients of Contractor located within the Service Area. In the event any future change in Federal law or 3184 regulations, State or local law of regulation, or the City Code materially alters the obligations of Contractor, 3185 then the affected Maximum Service Rates, as established in Exhibit 1 of this Agreement will be adjusted in 3186 accordance with Section 6.07. Nothing contained in this Agreement will require any party to perform any 3187 act or function contrary to law. City and Contractor agree to enter into good faith negotiations regarding 3188 modifications to this Agreement which may be required in order to implement changes in the interest of the 3189 public welfare or due to Change in Law. When such modifications are made to this Agreement, City and 3190 Contractor will negotiate in good faith, a reasonable and appropriate compensation adjustment for any 3191 increase or decrease in the services or other obligations required of Contractor due to any Change in Law 3192 or modification in the Agreement under this Article. City and Contractor will not unreasonably withhold 3193 agreement to such compensation adjustment. Should agreement between City and Contractor on 3194 compensation adjustment not be reached within six months of the change request, or other period as 3195 agreed upon by both parties, City and Contractor agree to submit the compensation adjustment to binding 3196 arbitration as described in Section 30.02. 3197
30.02 Arbitration. Arbitration shall be conducted by a single arbitrator. If, within twenty (20) days 3198 from the receipt of a request to arbitrate (or such longer period mutually agreed to by the parties), the parties 3199 are unable to agree on an arbitrator, then a single arbitrator shall be appointed pursuant to the Commercial 3200 Arbitration Rules of the American Arbitration Association, which shall govern any arbitration requested under 3201 this provision. Each party shall bear its own costs and expenses of any arbitration. Each party shall pay one-3202 half of the costs of the arbitrator. 3203
Article 31. Legal Representation 3204
31.01 Acknowledgement. It is acknowledged that each party was, or had the opportunity to be, 3205 represented by counsel in the preparation of and contributed equally to the terms and conditions of this 3206 Agreement and, accordingly, the rule that a contract will be interpreted strictly against the party preparing 3207 the same will not apply due to the joint contributions of both parties. 3208 Article 32. Conflict of Interest 3209
32.01 Financial Interest. Consultant is unaware of any City employee or official that has a 3210 financial interest in Consultant's business. During the term of this Agreement and/or as a result of being 3211 awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in 3212 Consultant's business by any City employee or official. 3213 FINAL AGREEMENT Page 91 of 184
Article 33. Contractor's Personnel 3214
33.01 Displaced Employees. Contractor shall offer employment to all qualified displaced 3215 employees of the City’s two franchisees from the prior Exclusive Solid Waste Franchise Agreement. 3216 Contractors must retain these displaced employees for a period of not less than 90 days, as provided for in 3217 Chapter 4.6, Sections 1070 through 1076 of the California Labor Code. Contractor shall make information 3218 about wage rates, benefits and job classifications of employees available to the City prior to any subsequent 3219 procurement for solid waste collection. 3220
33.02 Personnel Requirements. Contractor shall assign only qualified personnel to perform all 3221 services required under this Agreement, and shall be responsible for ensuring its employees comply with 3222 this Agreement and all Applicable Laws related to their employment and position. Contractor's employees, 3223 officers, agents, and subcontractors shall not identify themselves or in any way represent themselves as 3224 being employees or officials of City. City may request the transfer of any employee of Contractor who 3225 materially violates any provision of this Agreement, or who is wanton, negligent, or discourteous in the 3226 performance of their duties under this Agreement. 3227
33.03 Agreement Manager. Contractor shall designate a qualified employee to serve as its 3228 Agreement Manager and must provide the name of that person in writing to City within thirty (30) days prior 3229 to the Commencement Date of this Agreement and annually by January 1st of each subsequent Calendar 3230 Year of this Agreement and any other time the person in that position changes. The Agreement Manager 3231 must be available to the City through the use of telecommunications equipment at all times that Contractor 3232 is providing Collection Services in the Service Area. The Contract Manager must provide City with an 3233 emergency phone number where the Contract Manager can be reached outside of normal business hours. 3234
33.04 Service Supervisor. Contractor shall assign a qualified employee to serve as is Service 3235 Supervisor to be in charge of the Collection Service within the Service Area and must provide the name of 3236 that person in writing to the Agreement Administrator on or before the Commencement Date, and thereafter 3237 annually before January 1st of each subsequent Calendar Year of the Term, and any other time Contractor 3238 changes the employee serving in that position changes. The Service Supervisor must be physically located 3239 in the Service Area and available to the Agreement Administrator through the use of telecommunication 3240 equipment at all times that Contractor is providing Collection Services. In the event the Service Supervisor 3241 is unavailable due to illness or vacation, Contractor must designate an substitute acceptable to the City who 3242 shall be available and shall have the authority to act in the same capacity as the Service Supervisor. 3243
33.05 Key Operations Staff. Contractor shall provide a full-time Key Operations Staff consisting 3244 at a minimum of: one (1) Operations Manager; one (1) Route Supervisor; one (1) Lead Mechanical 3245 Supervisor; and one (1) Service Recipient Service Supervisor 100% dedicated to the City. Each Key 3246 Operations Staff will provide the following to City Staff: email address, phone number, cell phone number 3247 and office address. 3248
33.06 Sustainability/Compliance Staff. In accordance with Section 20.01, Contractor shall provide 3249 full time Sustainability/Compliance Staff, whose primary duties are dedicated to the City. 3250 FINAL AGREEMENT Page 92 of 184
33.07 Field Personnel. Contractor’s field operations personnel are required to wear a clean 3251 uniform shirt bearing Contractor’s name. Contractor’s employees, who normally come into direct contact with 3252 the public, including drivers, must bear some means of individual photographic identification such as a name 3253 tag or identification card. Each driver of a Collection vehicle must at all times carry a valid California driver's 3254 license and all other required licenses for the type of vehicle that is being operated. 3255
33.08 Labor Certifications. Contractor certifies: (i) it is aware of the provisions of Section 3700 of 3256 the California Labor Code that require every employer to be insured against liability for Workers' 3257 Compensation or to undertake self-insurance in accordance with the provisions of that Code; (ii) in the 3258 performance of the Services, Contractor shall not, in any manner, employ any person or contract with any 3259 person so that any part of this Agreement is so performed by such person would be subject to the workers' 3260 compensation laws of the State of California unless and until Contractor gives City a certificate of consent 3261 to self-insure or a certificate of Workers' Compensation Insurance Coverage; and (iii) in the event Contractor 3262 hires any subcontractor who has employees to perform the any part thereof, then Contractor shall either 3263 require the subcontractor to obtain Workers' Compensation Insurance Coverage, or must obtain Workers' 3264 Compensation Insurance Coverage for the subcontractor's employees. Before commencing performance 3265 under this Agreement, Contractor shall provide to the City evidence of any Workers' Compensation 3266 Insurance Coverage required by or for this Agreement, and all such coverage shall be endorsed with a 3267 waiver of subrogation in favor of City for all work performed by Contractor, its employees, its agents, and its 3268 subcontractors. 3269
33.09 Employment & Labor Practices. Contractor shall indemnify and hold harmless City and its 3270 elected officials, officers, employees, servants, designated volunteers, and agents serving as independent 3271 contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of 3272 any nature to the extent arising from Contractor's personnel and labor practices. All duties of Contractor 3273 under this paragraph shall survive termination of this Agreement. 3274
33.10 Subcontractors. Contractor shall not subcontract any portion of this Agreement without the 3275 prior written approval of the City Manager. Contractor is fully responsible to City for the performance of any 3276 and all subcontractors, if any, and shall require any subcontractors to maintain all applicable federal, state, 3277 and local licenses required for the work they are assigned to perform. Contractor shall require any 3278 subcontractors performing work in the City to enter into a written contract that requires such subcontractors 3279 to agree they are independent contractors and have no other agency relationship with City. 3280 Article 34. Exempt Waste 3281
34.01 Contractor is not required to Collect or dispose of Exempt Waste but may offer such 3282 services. All such Collection and disposal of Exempt Waste is not regulated under this Agreement, but if 3283 provided by Contractor must be in strict compliance with all Applicable Laws. 3284 Article 35. Independent Contractor 3285
35.01 In the performance of services pursuant to this Agreement, Contractor is an independent 3286 contractor and not an officer, agent, servant or employee of City. Contractor will have exclusive control of 3287 FINAL AGREEMENT Page 93 of 184
the details of the services and work performed and over all persons performing such services and work. 3288 Contractor is solely responsible for the acts and omissions of its officers, agents, employees, contractors 3289 and subcontractors, if any. Neither Contractor nor its officers, employees, agents, contractors or 3290 subcontractors will obtain any right to retirement benefits, Workers Compensation benefits, or any other 3291 benefits which accrued to City employees and Contractor expressly waives any claim to such benefits. 3292
35.02 Subcontractors. Contractor will require all subcontractors performing work in the City to 3293 enter into a contract containing the provisions set forth in the preceding subsection in which contract the 3294 subcontractor agrees that Contractor and subcontractor are independent contractors and have no other 3295 agency relationship with City. 3296
Article 36. Laws to Govern 3297
36.01 The law of the State of California governs the rights, obligations, duties and liabilities of 3298 City and Contractor under this Agreement and govern the interpretation of this Agreement. 3299 Article 37. Consent to Jurisdiction 3300
37.01 The parties agree that any litigation between City and Contractor concerning or arising out 3301 of this Contract must be filed and maintained exclusively in the Superior Courts of Los Angeles County, State 3302 of California, or in the United States District Court for the Central District of California to the fullest extent 3303 permissible by law. Each party consents to service of process in any manner authorized by California law. 3304 Article 38. Assignment 3305
38.01 No assignment of this Agreement or any right occurring under this Agreement may be 3306 made in whole or in part by Contractor without the express prior written consent of the City. City will have 3307 full discretion to approve or deny, with or without cause, any proposed or actual assignment by the 3308 Contractor. Any assignment of this Agreement made by Contractor without the express written consent of 3309 the City will be null and void and will be grounds for City to declare a default of this Agreement and 3310 immediately terminate this Agreement by giving written notice to Contractor, and upon the date of such 3311 notice Contract will be deemed immediately terminated, and upon such termination all liability of City under 3312 this Contract to Contractor will cease, and City will have the right to call the performance bond and will be 3313 free to negotiate with other contractors, for the services that are the subject of this Agreement. In the event 3314 of any assignment approved by City, the assignee must fully assume all the liabilities of Contractor by way 3315 of an assignment and assumption agreement. Notwithstanding the above, an assignment to an affiliate of 3316 Contractor may be undertaken upon notice to City, but without the requirement for its approval. For purposes 3317 of this provision, “affiliate” means any person or legal entity that, directly or indirectly, controls, is controlled 3318 by, or is under common control with Contractor. 3319
38.02 The use of a subcontractor to perform services under this Contract will not constitute 3320 delegation of Contractor’s duties provided that Contractor has received prior written authorization from the 3321 Agreement Administrator to subcontract such services and the Agreement Administrator has approved a 3322 subcontractor who will perform such services. Contractor will be responsible for directing the work of 3323 FINAL AGREEMENT Page 94 of 184
Contractor’s subcontractors and any compensation due or payable to Contractor’s subcontractor will be the 3324 sole responsibility of Contractor. The Agreement Administrator will have the right to require the removal of 3325 any approved subcontractor for reasonable cause. 3326
Article 39. Compliance with Laws 3327
39.01 In the performance of this Contractor, Contractor must comply with all Applicable Laws, 3328 including, without limitation, the Santa Clarita Municipal Code. 3329
39.02 City shall provide written notice to Contractor of any planned amendment of the Santa 3330 Clarita Municipal Code that would substantially affect the performance of Contractor’s services pursuant to 3331 this Agreement. Such notice must be provided at least thirty (30) calendar days prior to the City Council’s 3332 approval of such an amendment. 3333
Article 40. Permits and Licenses 3334
40.01 Contractor shall obtain, at its own expense, all permits, and licenses required by law or 3335 ordinance and maintain same in full force and effect throughout the term of this Agreement. Contractor must 3336 provide proof of such permits, licenses or approvals and must demonstrate compliance with the terms and 3337 conditions of such permits, licenses and approvals upon the request of the Agreement Administrator. 3338
40.02 The Contractor must have a valid City of Santa Clarita Business Tax Certificate throughout 3339 the term of the Franchise Agreement. 3340
Article 41. Ownership of Written Materials 3341
41.01 Contractor hereby grants City a non-exclusive license as to all reports, documents, 3342 brochures, public education materials, and other similar written, printed, electronic or photographic materials 3343 developed by Contractor at the request of City or as required under this Agreement, and intended for public 3344 use, without limitation or restrictions on the use of such materials by City. Contractor may not use such 3345 materials that specifically reference City for other purposes without the prior written consent of the 3346 Agreement Administrator. This Article 41 does not apply to ideas or concepts described in such materials 3347 and does not apply to the format of such materials. 3348 Article 42. Waiver 3349
42.01 Waiver by City or Contractor of any breach for violation of any term covenant or condition 3350 of this Agreement will not be deemed to be a waiver of any other term, covenant or condition or any 3351 subsequent breach or violation of the same or of any other term, covenant or condition. The subsequent 3352 acceptance by City of any fee, tax, or any other monies which may become due from Contractor to City will 3353 not be deemed to be a waiver by City of any breach for violation of any term, covenant or condition of this 3354 Agreement. 3355
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Article 43. Prohibition Against Gifts 3356
43.01 Contractor represents that Contractor is familiar with City’s prohibition against the 3357 acceptance of any gift by a City officer or designated employee. Contractor may not offer any City officer or 3358 designated employee any gifts prohibited by the City. 3359 Article 44. Point of Contact 3360
44.01 The day-to-day dealings between Contractor and City will be between Contractor and the 3361 Agreement Administrator. 3362
Article 45. Notices 3363
45.01 Except as provided in this Agreement, whenever either party desires to give notice to the 3364 other, it must be given by written notice addressed to the party for whom it is intended, at the place last 3365 specified and to the place for giving of notice in compliance with the provisions of this Section. For the 3366 present, the parties designate the following as the respective persons and places for giving of notice: 3367 As to the City: 3368
Environmental Services Manager, Darin Seegmiller 3369
City of Santa Clarita Neighborhood Services Department 3370 23920 Valencia Blvd. Suite 120 3371
Santa Clarita, CA 91355 3372
Telephone: 661-286-4098 3373
email: [email protected] 3374
As to the Contractor: 3375
Burrtec Waste Industries, Cole Burr 3376
9890 Cherry Avenue 3377
Fontana CA 92335 3378
Telephone: 909-429-4200 3379
email: [email protected] 3380
45.02 Notices will be effective when received at the address as specified above. Changes in the 3381 respective address to which such notice is to be directed may be made by written notice. 3382
45.03 Notice by City to Contractor of a Collection or other Service Recipient problem or complaint 3383 may be given to Contractor orally by telephone at Contractor’s local office with confirmation sent to 3384 Contractor through the Customer Service System by the end of the Work Day. 3385 FINAL AGREEMENT Page 96 of 184
Article 46. Transition to Next Contractor 3386
46.01 In the event Contractor is not awarded an extension or new contract to continue to provide 3387 Collection Services following the expiration or early termination of this Agreement, Contractor will cooperate 3388 fully with City and any subsequent contractors to assure a smooth transition of services described in this 3389 Agreement. Such cooperation will include but not be limited to transfer of computer data, files and tapes; 3390 providing routing information, route maps, vehicle fleet information, and list of Service Recipients; providing 3391 a complete inventory of all Collection Containers; providing adequate labor and equipment to complete 3392 performance of all Collection Services required under this Agreement; taking reasonable actions necessary 3393 to coordinate the transfer and/or disposal of carts and bins, as appropriate; coordinating Collection of 3394 Materials set out in new containers if new containers are provided for a subsequent Agreements and 3395 providing other reports and data required by this Agreement. 3396 Article 47. Contractor’s Records 3397
47.01 Contractor shall keep and preserve, during the Term of this Agreement, full, complete, and 3398 accurate financial and accounting records, pertaining to cash, billing and disposal transactions for the 3399 franchise area, prepared on an accrual basis in accordance with generally accepted accounting principles. 3400 These records and reports are necessary for the City to properly administer and monitor the Agreement and 3401 to assist the City in meeting the requirements of the Act. The Contractor shall keep and preserve, during the 3402 Term of this Agreement, and for a period of not less than four (4) years following expiration or other 3403 termination hereof or for any longer period required by law, full, complete and accurate records as indicated 3404 in the Agreement. 3405
47.02 Any records or documents required to be maintained pursuant to this Agreement must be 3406 made available for inspection or audit for the purposes set forth in Section 17.02.3, at any time during regular 3407 business hours, upon written request by the Agreement Administrator, the City Attorney, City Auditor, City 3408 Manager, or a designated representative of any of these officers. Copies of such documents will be provided 3409 to City electronically, available to City for inspection at the local Contractor office, or an alternate site if 3410 mutually agreed upon. 3411
47.02.1 Contractor acknowledges that City is legally obligated to comply with the California 3412 Public Records Act (“CPRA”). City acknowledges that Contractor may consider certain records, reports, or 3413 information contained therein, (“Records”) which Contractor is required to provide to City under this 3414 Agreement, to be of a proprietary or confidential nature. In such instances, Contractor will inform City in 3415 writing of which records are considered propriety or confidential and shall identify the statutory exceptions 3416 to disclosure provided under the CPRA that legally permit non-disclosure of the Records. At such time as 3417 City receives a request for records under the CPRA or Federal Freedom of Information Act (“FOIA”) or a 3418 subpoena or other court order requesting disclosure of the Records, City will notify Contractor of the 3419 request, subpoena or order and of City’s obligation and intent to provide a response within ten (10) calendar 3420 days. Contractor shall within five (5) calendar days either: (i) consent in writing to the disclosure of the 3421 Records; or (ii) seek and obtain, at Contractor’s sole cost and expense, the order of a court of competent 3422 jurisdiction staying or enjoining the disclosure of the Records. If Contractor fails to timely respond, then City 3423 may proceed to disclosure the Records in which event Contractor agrees waives and releases City of any 3424 FINAL AGREEMENT Page 97 of 184
liability for the disclosure of the Records. In the event Contractor seeks a court order to stay or enjoining 3425 the disclosure of the Records, Contractor agrees to indemnify and hold harmless the City, its Council, 3426 elected and appointed board or commission members, officers, employees, volunteers and agents 3427 (collectively, "Indemnitees") from and against any and all loss, liability, penalty, forfeiture, claim, demand, 3428 action, proceeding or suit in law or equity of any and every kind and description, whether judicial, quasi-3429 judicial or administrative in nature, arising or resulting from or in any way connected with the subject CPRA 3430 or FOIA request for the Records. This Indemnity shall survive the expiration or termination of this 3431 Agreement. 3432
47.03 Where City has reason to believe that such records or documents may be lost or discarded 3433 in the event of the dissolution, disbandment or termination of Contractor’s business, City may, by written 3434 request or demand of any of the above-named officers, require that custody of the records be given to City 3435 and that the records and documents be maintained in City Hall. Access to such records and documents will 3436 be granted to any party authorized by Contractor, Contractor’s representatives, or Contractor’s successor-3437 in-interest. 3438
Article 48. Entire Agreement 3439
48.01 This Agreement and the attached Exhibits constitute the entire Agreement and 3440 understanding between the parties, and the Agreement will not be considered modified, altered, changed or 3441 amended in any respect unless in writing and signed by the parties. 3442 Article 49. Severability 3443
49.01 If any provision of this Agreement or the application of it to any person or situation is to any 3444 extent held invalid or unenforceable, the remainder of this Agreement and the application of such provisions 3445 to persons or situations other than those as to which it is held invalid or unenforceable, will not be affected, 3446 will continue in full force and effect, and will be enforced to the fullest extent permitted by law. 3447 Article 50. Right to Require Performance 3448
50.01 The failure of City at any time to require performance by Contractor of any provision of this 3449 Agreement will in no way affect the right of City thereafter to enforce same. Nor will waiver by City of any 3450 breach of any provision of this Agreement be taken or held to be a waiver of any succeeding breach of such 3451 provision or as a waiver of any provision itself. 3452
Article 51. All Prior Agreements Superseded 3453
51.01 This Agreement incorporates and includes all prior negotiations, correspondence, 3454 conversations, agreements and understandings applicable to the matters contained in this Agreement and 3455 the parties agree that there are no commitments, agreements or understandings concerning the subject 3456 matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation 3457 from the terms of this Agreement will be predicated upon any prior representations or agreements, whether 3458 oral or written. 3459
FINAL AGREEMENT Page 98 of 184
Article 52. Headings 3460
52.01 Headings in this document are for convenience of reference only and are not to be 3461 considered in any interpretation of this Agreement. 3462 Article 53. Exhibits 3463
53.01 Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Each 3464 such Exhibit is a part of this Agreement, and each is incorporated by this reference. In the event of any 3465 conflicts between this Agreement and the Exhibits, then this Agreement shall take priority. 3466 Article 54. Attorney’s Fees 3467
54.01 In the event that litigation is brought by a party in connection with this Agreement, the 3468 prevailing party will be entitled to recover from the opposing party all costs and expenses, including 3469 reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies 3470 under this Agreement or the enforcement of any of the terms, conditions, or provisions of this Agreement. 3471 Article 55. Effective Date 3472
55.01 This Agreement will become effective when it is properly executed by City and Contractor 3473 and Contractor will begin Collection Services under this Agreement as of July 1, 2023. 3474 3475
FINAL AGREEMENT Page 99 of 184
IN WITNESS WHEREOF, City and Contractor have executed this Agreement on the respective 3476 date(s) below each signature. 3477
CITY OF SANTA CLARITA BURRTEC WASTE INDUSTRIES INC. 3478 A General Law City 3479
By: ________________________ By: ________________________ 3480 Cole Burr 3481
3482
Title: _______________________ By: _____________________________ 3483 President 3484
3485
ATTEST: ____________________ By: __________________________ 3486 City Clerk Tracy Burr 3487
APPROVED AS TO FORM 3488
City Attorney _____________________________ 3489
Secretary 3490
By: _________________________ 3491
3492
FINAL AGREEMENT Page 100 of 184
Exhibit 1 3493
City Approved Service Rates 3494
3495
FINAL AGREEMENT Page 101 of 184
3496
FINAL AGREEMENT Page 102 of 184
3497
FINAL AGREEMENT Page 103 of 184
3498
3499
3500
3501
3502
FINAL AGREEMENT Page 104 of 184
Exhibit 2 3503
City Sponsored Events 3504
Contractor shall provide service at no additional charge to the following City events. The City shall have the 3505 option to add additional or alternative events by written notice to the Contractor. 3506 3507
Earth Arbor Day/Neighborhood Clean Up 3508
Cowboy Poetry Festival 3509
Concerts in the Park 3510
Senses Block Party x6 3511
River Rally 3512
Marathon 3513
3514
3515
3516
3517
FINAL AGREEMENT Page 105 of 184
Exhibit 3 3518
List of City Properties and Current Service Levels – as of 2023 3519 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 106 of 184
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 107 of 184
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
3520
3521
FINAL AGREEMENT Page 108 of 184
Exhibit 4 3522
Collection Container Specifications 3523
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 continuously 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 into 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 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).
E4.02 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.
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.
FINAL AGREEMENT Page 109 of 184
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 include 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 metal 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 for City Services.
Roll-off specifications shall be the same as Bin specifications 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 the purchase and distribution of fully assembled and functional Kitchen Food Waste Pails to SFD and MFD Service Units in the Service Area during the transition phase. 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 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.
FINAL AGREEMENT Page 110 of 184
Exhibit 5 3524
Transition Plan 3525
Burrtec has extensive experience in new program roll-outs ensuring success for the City of Santa 3526 Clarita franchise implementation. Transition experience includes various conversions and 3527 implementations of residential and commercial program including regulatory compliance, information 3528 materials development, container delivery and removal, mailings, advertisements, routing, billings, 3529 audits, and ongoing education. 3530
3531
After Contract Execution and prior to the Contact Start Date, Burrtec will provide the City of Santa 3532 Clarita an update to the Start-Up Transition Roll-Out Plan for approval. The plan will include an updated 3533 detailed timeline with activities and estimated dates including but not limited to: 3534 3535
Vehicles 3536
Order specifications 3537
Confirmation of delivery dates 3538
Containers 3539
Order specifications 3540
Confirmation of delivery dates 3541
Staging and assembly location 3542
Customer container size selection 3543
Distribution plan 3544
Including collection of existing containers 3545
Employees 3546
Hiring progress 3547
Training 3548
Public Outreach and Education 3549
3550
A Burrtec transition provides customers with an experience that is reliable, orderly, seamless, and 3551 without service interruptions conducted thoroughly and professionally by Burrtec staff. The transition 3552 services may include the following as appropriate: 3553 3554
Collect solid waste from outgoing contractor's containers 3555 Allow the outgoing contractor to collect from Burrtec containers 3556 Allow the future contractor to collect from Burrtec containers during the transition 3557 Service, remove and store outgoing contractor's containers after the transition 3558 Continue customer's services, container quantity and sizes, and applicable discounts from 3559 outgoing contractor's customer service list, including not providing containers to addresses not 3560 utilizing outgoing contractor's services 3561
3562
1. Prior to the Start of Collection Services 3563
3564
Beginning with the contract award, Burrtec will begin the implementation phase. Activities will 3565 include strategic planning of staff organization, equipment and containers, developing routes and 3566 schedules, and implementing education and program information plans. The primary focus is to 3567 prepare customers for their new collection services and programs. 3568 3569
An excellent example of Burrtec’s commitment to a smooth transition and the epitome of “We’ll 3570 Take Care Of It” is evident in Los Angeles County franchise area transitions. In these transitions, 3571 some new residents had difficulty starting curbside services for the period preceding the new 3572 FINAL AGREEMENT Page 111 of 184
franchise program effective date. In the spirit of Burrtec's dedication to customer service, curbside 3573 collection services were started prior to the franchise effective date at no charge to the customer. 3574 3575
Our approach is divided into the following scheduled phases. 3576 3577
a. Proposal/Negotiation Phase 3578
3579
The Burrtec senior management team will work together throughout the proposal and contract 3580 negotiation phase. Depending on the issues, one or more team members will be involved. Mr. 3581 Burr, Ms. Sweeney, and Mr. Verner will lead the negotiations and have full authority to commit 3582 the company to contractual obligations. 3583
3584
b. Start-Up/Transition Phase 3585
3586
Once the contract is authorized, Burrtec will immediately go into a start-up/transition phase. 3587 The same senior management team members will work on implementing their respective 3588 areas. All needed equipment will be ordered with delivery commitments consistent with the 3589 start-up schedule. 3590
3591
The senior management team has developed numerous detailed plans and procedures for past 3592 transitions with no service or operational issues for the jurisdiction, its businesses, or residents. 3593 Burrtec's previous City of San Bernardino and Los Angeles County franchise implementations 3594 were very successful and well-received by the affected communities. 3595 3596
c. Contract Phase 3597
3598
Once the transition phase is completed, the organization quickly settles into a more traditional 3599 contract management phase. Mr. Verner, the facility's division manager will be the key day-to-3600 day contact and responsible for daily operating decisions. The senior management team will 3601 remain advisory to the division manager, ensuring the full implementation of all contract 3602 compliance, company directives, and procedures are maintained. 3603 3604
Burrtec successfully manages ten hauling locations and has effective and proven management 3605 systems in place. Daily, weekly and monthly communications, reports, and meetings 3606 coordinate this effort, assuring the customer that “We’ll Take Care Of It." 3607 3608
2. Customer Communications & Selection of Equipment 3609 3610
General information about Burrtec and the transition plan will be one of the first elements of 3611 customer communications. The container size and quantity selection, new container colors, 3612 delivery schedule, and collection day schedule will follow. Customers will receive several notices 3613 and updates throughout the transition period keeping them informed and prepared. 3614 3615
Communication methods include local newspapers, mailers, and flyers/posters at community 3616 centers. Burrtec's website and social media platforms will contain informational updates and 3617 postings. Containers are provided based on the current level of service and include supplemental 3618 deliveries for missing program elements, ensuring customers receive a full complement of services. 3619 Customers will have the opportunity to contact the customer service department and adjust 3620 container sizes prior to delivery. As part of the container delivery, Burrtec will provide an outreach 3621 package, which includes detailed information on the services offered for recyclables and organics 3622 waste, bulky item collections, and proper disposal alternatives of unpermitted waste. 3623 3624
Distributing Food Waste Pails to Customers 3625
3626
FINAL AGREEMENT Page 112 of 184
Burrtec will deliver food waste pails before the service start date to single-family and multi-family 3627 service recipients for no additional fee. Detailed educational materials on food waste recycling will 3628 be included at the time of delivery. 3629
3630
3. Employee Retention 3631
3632
Prior to the service start date, Burrtec will secure a venue within the franchise area such as the 3633 Hyatt Valencia, Embassy Suites, or other comparable locations, and invite prospective employees 3634 and their families to learn about Burrtec’s culture, competitive pay, and benefits, and learn why 3635 nearly half of the current drivers at Burrtec average more than 20 years of service with the company. 3636 Employees migrating from the previous contractor to Burrtec will retain their current pay rate, 3637 seniority, and pre-approved vacations. Prospective employees will be required to provide a DMV 3638 driving record, and undergo a physical evaluation once an offer of employment is accepted. Newly 3639 hired employees will be welcomed at orientation, participate in OSHA and DOT compliant safety 3640 training, and become familiar with the Burrtec philosophy, “We’ll Take Care Of It!” before service 3641 commences. 3642
3643
All Burrtec staff members who provide services to the City of Santa Clarita will receive detailed 3644 information and training to prepare them for the new contract. Training will enable Burrtec to provide 3645 a high level of service throughout the contract term 3646 3647
A. Training Route Drivers 3648
3649
All new drivers undergo training on solid waste and recycling programs, new container colors, 3650 and the proper and safe use of the specific collection vehicles. Training includes onboard 3651 systems, ride-along, and in-field evaluations, including driving and operating the equipment. 3652 The Division Manager and Route Supervisor routinely conduct driver training briefings to 3653 maintain safe and efficient operating standards. The local manager conducts a final 3654 competency evaluation and verification to validate that the driver can safely operate the specific 3655 collection vehicle. "On the Route" field observations assure that drivers are maintaining safe 3656 work habits and excellent customer service standards. 3657 3658
B. Training: CSRs 3659
3660
It is imperative that CSRs understand the City of Santa Clarita’s programs and report to the 3661 local, Santa Clarita Hauling Division, for their shifts. New CSRs will be trained on Burrtec’s 3662 custom software and the “We’ll Take Care Of It” customer philosophy. 3663 3664
C. Training: Mechanics 3665
3666
New mechanics will be trained in Burrtec’s “Stop the Drop” program, Department of 3667 Transportation Out of Service Criteria, and will be eligible to participate in collegiate level and 3668 vendor sponsored training events. OSHA compliant safety trainings and company policies will 3669 also be covered throughout the employee’s tenure. 3670
3671
4. Transition Services 3672
3673
a) Regular Meetings 3674
3675
Regular meetings among Burrtec and City staff are essential to a successful transition program 3676 throughout the agreement term. Coordination of activities, reporting, and customer service are 3677 routinely discussed, developing action plans that produce positive and effective results. 3678 Collaborative meetings are essential during the initial transition stages while customers 3679 become familiar with Burrtec and come to understand the “We’ll Take Care Of It” philosophy. 3680 3681
b) Activated Phone Lines 3682
FINAL AGREEMENT Page 113 of 184
3683
Customers utilize an existing phone number to call and ask questions about the new solid 3684 waste and recycling programs. 3685
3686
With minimal auto-attendant features, experienced Burrtec customer service staff located at 3687 our Santa Clarita office are prepared to answer all questions “live”, and in a helpful, courteous 3688 manner with bilingual (Spanish and other languages as requested) skills available. 3689 3690
Customer service will staff phone lines between 8:00 a.m. and 5:00 p.m. Monday through 3691 Friday and on Saturdays between 8:00 a.m. and 12:00 p.m. following observed holidays during 3692 the transition period and over the contract term. An automated telephone answering system 3693 will take messages from callers outside these hours. Customer Service Representatives will 3694 follow up on each message the following business day. 3695 3696
c) Determining Routes 3697
3698
Burrtec will utilize the existing collection schedule as a basis to begin service. Future service 3699 level adjustments and additional services may require Burrtec to generate newly optimized 3700 routes to reduce wear and tear on the streets. The operations team has worked in the Santa 3701 Clarita Valley for a number of years is very experienced in developing efficient and safe routes. 3702 Customers will receive information indicating weekly collection schedules, new cart colors, and 3703 have the opportunity to speak with our local Customer Service Representatives should they 3704 have any questions about their scheduled pick-up day. 3705 3706
d) Vehicle and Container Delivery from Manufacturer 3707 3708
Burrtec's vendors are prepared to address any additional needs for the awarded service area. 3709 This includes the production and delivery of vehicles and containers as needed. Detailed 3710 logistics and timelines will be submitted to the City as required. Burrtec will secure a location 3711 or utilize the existing hauling yard for staging. 3712
3713
5. Public Outreach and Education Activities 3714
3715
A key to overall customer satisfaction and participation in waste diversion activities is providing 3716 detailed educational programs and information. In partnership with The Musella Group, Burrtec 3717 gears its outreach based on the needs of the various customer groups ensuring we provide 3718 relevant, engaging, and consistent information on all City and CalRecycle requirements. 3719 3720
As a part of the transition, Burrtec will identify these groups and design the educational material 3721 accordingly. These customer groups will include single-family, multi-family residents, Tier 1 & Tier 3722 2 commercial edible food generators, and commercial services. 3723 3724
Burrtec's in-house capability to produce educational and promotional material in a bilingual 3725 (Spanish or other required languages) format is a critical asset for any transition period. 3726 3727
Burrtec Web Site 3728
3729
Burrtec's website at Burrtec.com/SCV will be updated with the City's specific collection program 3730 and services, including but not limited to: 3731
3732
Transition plan 3733
Collection schedules 3734
Notices 3735
Program descriptions 3736
Service brochure 3737
3738
FINAL AGREEMENT Page 114 of 184
The City specific website is an additional tool for customers to obtain accurate and current 3739 information on recycling programs, household hazardous waste disposal, special collections, and 3740 SB 1383 program requirements. The website can also include links to the City of Santa Clarita 3741 website for additional program information requested by the City. 3742 3743
6. Transition Coordination 3744
3745
a) Coordinated Customer Service Data 3746
3747
Burrtec will coordinate the transfer of customer data with the incumbent service provider. All 3748 pertinent customer information will be downloaded into new customer records. Information 3749 includes customer account number, service details, contact information, gate and access 3750 codes, roll-out services, or specific container staging and access information. 3751 3752
Using internal audit and mapping teams, Burrtec will identify all customers not currently 3753 receiving solid waste collection service, secure the customer's data, and provide them with 3754 program information. 3755
3756
b) Old Containers 3757
3758
Burrtec is committed to working with the current service providers, customers, and City staff to 3759 make this transition as smooth as possible. As part of a typical transition plan, Burrtec will 3760 schedule the removal and collection of any old containers from customers and coordinate a 3761 seamless exchange for those customers that may be using containers from their current hauler. 3762 3763
7. Transition Schedule 3764
3765
Phase / Activity Start Date End Date
(1) PRE-CONTRACTING PHASE
(a) City identifies recommended proposer. 05/31/22
(b) Order Collection Vehicles 8/01/22 08/31/22
(2) CONTRACTING PHASE
(a) Contract Award/Execute Agreement 07/01/22
(b) Insurance 08/01/22
(c) Performance Security 08/01/22
(d) Execute Agreement 09/01/22
(e) Contracting Fee 10/01/22
(3) TRANSITION PHASE
(a) Transition Activities:
(i) Transition Planning 09/01/22 06/30/23
(ii) Transition Team Meetings (Weekly) 08/01/22 06/01/23 (iii) After Action Meeting 08/01/23
(b) Employment Activities:
(i) Invitation to Apply 05/01/23
(ii) Recruitment / Family Fair 05/15/23 06/01/23
(iii) Employment 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 Distribution / Removal 06/01/23 06/30/23 (d) Customer Activities:
(i) CSR at City Hall As Needed As Needed
FINAL AGREEMENT Page 115 of 184
Phase / Activity Start Date End Date
(ii) Customer Service Training 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) Routing 04/01/23 06/15/23
(vi) City 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 Brochure 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) Community Meeting 06/01/23 06/20/23
(v) Local Organizations Presentation 05/01/23 06/30/23
(vi) Neighborhood Associations 06/01/23 06/30/23
(vii) Residential Services Selection 06/01/23 06/30/23
(f) Food Recovery Assistance
(4) SERVICE START 07/01/23 07/01/23
(a) Route Adjustments 07/01/23 08/01/23
(b) Compliance Review 07/01/23 09/01/23
(c) Identify Tier One & Tier Two Customers 07/01/23 09/01/23 (d) Assist Tier One & Recovery Inspections 07/01/23 01/01/24 3766
8. Commencement Date of Collection 3767
3768
Burrtec commits to meeting the City's service implementation date of July 1, 2023. All required 3769 notifications and customer communications will be completed before the collection commencement 3770 date. 3771
3772
9. Commercial Generator Transition Plan Supplement 3773 Burrtec's supplemental commercial generator transition plan is designed to highlight commercial 3774 generator changes and provide an opportunity for Commercial Service Recipients to adjust service 3775 FINAL AGREEMENT Page 116 of 184
levels prior to the contract start. Months in advance of the service start date Burrtec Sales & 3776 Recycling Coordinators will meet with commercial generators focusing on the following: 3777 3778
Compliance with the new state diversion mandates 3779 Container size, frequency, colors, and labeling 3780
Commercial generator responsibilities 3781
Tier 1 & Tier 2 generator responsibilities 3782
Prohibited container contaminants 3783
Recommendations to “right size” service levels 3784
3785
Below is the supplemental transition schedule highlighting major milestones of the process. 3786 3787
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 (Most
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
3788
3789
Compliance Review: Burrtec will conduct a compliance review of existing Commercial Service 3790 Recipients using current MCR and MORe data. Customers are categorized into three groups: 3791 Most Impacted 3792
Minimally Impacted 3793
Exempt 3794
Most Impacted customers include High Volume Generators and Low Volume Generators not 3795 required to participate in MCR/MORe programs. Minimally Impacted customers include compliant 3796 FINAL AGREEMENT Page 117 of 184
MCR/MORe customers with minimum levels of service. Exempt customers include all customers 3797 having received an MCR/MORe exemption. 3798
3799
Determine Waivers: Burrtec will review current MCR/MORe exempt customers and evaluate Low 3800 Volume Commercial Service Recipients to determine waiver eligibility. Burrtec will work with the 3801 City to develop an SB 1383 waiver process and categorize customers accordingly. The City will be 3802 required to approve all waivers prior to issue. 3803
3804
Conduct Waste Assessment/Route Review: Burrtec will collaborate with City Staff to develop a 3805 “best approach” customer awareness and education campaign for programs starting July 2023. 3806 Most Impacted customers may receive a site visit from Burrtec Sales and Recycling Coordinators 3807 (SRCs). SRCs will visit the customers’ location, conduct a waste assessment, determine if 3808 prohibited contaminants are present in containers, and provide a mockup service program best 3809 suited for the customer’s respective disposal needs. Updated bin/cart color information and the 3810 new corresponding service rates will be included in the site visit. The goal will be to give Most 3811 Impacted Commercial Service Recipients at least six months to either modify their current 3812 operations or budget for the new program impacts. Compliance Review and site visit data will be 3813 used to adjust model assumptions and optimize existing and potentially new routes. 3814 3815
Minimally Impacted Customers: Burrtec will focus on the Minimally Impacted Customer group 3816 through site visits and/or educational materials with a goal of giving these Customers at least 90 3817 days to prepare and educate their employees before implementation. 3818 3819
Commercial Equipment: Burrtec’s container maintenance facility is centrally located in the City of 3820 Santa Clarita at Burrtec’s Santa Clarita Hauling Division. Burrtec will complete bin repairs, bin 3821 washing, SB 1383 paint and labeling requirements, and maintain an adequate container inventory 3822 at this facility. Commercial serviced customers, including multi-family, mixed-use, and City facilities, 3823 will have an opportunity to change or modify their collections subscriptions. Necessary container 3824 changes will be completed at any time and as requested by the customer. Program and service 3825 option information will assist customers in selecting containers and providing awareness for those 3826 programs that are best suited for their needs. Burrtec's SRCs will facilitate the solid waste needs 3827 assessment to maximize diversion and reduce solid waste disposal costs. 3828 Commercial Education & Outreach 3829
Burrtec will communicate with existing commercial customers in person, through mailers, using 3830 social media platforms, print media advertisements, and public meetings. Print media and materials 3831 are ideally generated and distributed using recycled paper content manufactured at local 3832 businesses. 3833
3834
Additional advertising in local newspapers and on social media platforms encourages public 3835 meeting participation educating customers on essential topics such as sustainability and organics 3836 FINAL AGREEMENT Page 118 of 184
recycling requirements. Santa Clarita commercial customers may already be familiar with Burrtec's 3837 existing social media presence in the Santa Clarita Valley. 3838 3839
Facebook: https://www.facebook.com/burrtecscv 3840
Instagram: https://www.instagram.com/burrtecscv 3841
In addition, Burrtec utilizes KHTS to disseminate pertinent information. Burrtec will also utilize the 3842 following local resources for commercial outreach activities: 3843 3844
The SCV Signal and SCVTV 3845
The Santa Clarita Valley Business Journal 3846
Santa Clarita Valley Chamber of Commerce (SCV Chamber) 3847 The Valley Industrial Association (VIA) 3848
Rotary Club of Santa Clarita (SCV Rotary), Business Groups 3849 SCV Economic Development Center Outlets such as podcasts and print 3850 3851
Full-color, multilingual service brochures will be distributed to existing commercial customers to 3852 familiarize them with service protocols, diversion requirements, and service options. Burrtec 3853 representatives will conduct meetings and speak with local businesses as part of the transition 3854 team's public outreach effort. 3855
3856
3857
3858
FINAL AGREEMENT Page 119 of 184
Exhibit 6 3859
Administrative Charges and Penalties 3860
Item Amount
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.
c. Failure to submit to City all reports by the deadlines required under the provisions of this Agreement. $100 per day. 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.
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.
g. Failure for Collection Container to be compliant with SB 1383 labeling requirements.
$50.00/each Collection
Container not
compliant.
h. Failure to display Contractor’s name and customer
service phone number on Collection Vehicles.
$100 per incident per
day.
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.
j. Failure to repair or replace damaged Containers within 5 working days, that exceeds twenty (20) in any Calendar
year.
$1,000 per Calendar year, plus $10 per
incident per day.
k. Failure to maintain collection hours as required by this Agreement. $250 per day.
l. Failure to have Contractor personnel in Contractor-
provided uniforms.
$25 per day per
employee.
FINAL AGREEMENT Page 120 of 184
Item Amount
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.
n. Vehicle fluid leak incidents from Contractor Collection Vehicles in excess of one (1) per quarter and in excess of approximately 5 gallons as determined by City staff
$5000 per incident in
excess of one (1) per
Quarter
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
r. Failure to Collect holiday trees on Collection Days. $25 per day. s. Failure to commence service to a new Service Recipient within seven (7) days after order. $150 per day
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
u. For each occurrence of failure to properly return empty Containers to avoid pedestrian or vehicular traffic
impediments or to place cans upright with lids secure
which exceeds ten (10) such occurrences annually.
$150
3861
3862
FINAL AGREEMENT Page 121 of 184
Exhibit 7 3863
Customer Service Plan 3864
For Burrtec, customer service activities are just as important as excellent route performance. We 3865 maintain a local office in Santa Clarita staffed with local employees who understand the unique 3866 characteristics of the cities they serve. Customer service is the cornerstone on which Burrtec 3867 Waste Industries, Inc. was built. This philosophy is reflected in all areas of our business and is the 3868 key objective in developing our service 3869
policies and procedures. Every Burrtec 3870
employee's mission is “We’ll Take Care Of 3871
It.” 3872
3873
Knowledgeable Customer Service 3874
Staff 3875
3876
Burrtec's Customer Service 3877
centerpiece is our caring staff 3878
supported by a technology network 3879
designed to provide instant access to information. Excellent customer service is Burrtec's 3880 Number One objective, and this philosophy is reflected in every facet of its personnel training 3881 and procedures. As our ambassadors to the community, all Customer Service Representatives 3882 ("CSRs") receive in-house training, including a thorough explanation of Customer Service 3883 Policies. Procedures clearly outline the steps needed to resolve customer service issues. 3884 Burrtec CSRs are trained to operate and understand the computer systems and customer 3885 database before responding to customer calls. Burrtec has over the past 20 years provided 3886 the City of Santa Clarita with well-trained, knowledgeable CSRs who are fully aware of the 3887 Company’s procedures and contractual requirements. Representatives participate in periodic 3888 and annual training sessions. 3889
3890
One Call Goal 3891
3892
Burrtec aims to answer every customer question and resolve every customer issue with just 3893 one call. CSRs are empowered to provide the customer with “one call” resolution to accomplish 3894 this goal. Remarks are entered for each account upon contact with appropriately detailed 3895 comments regarding the nature of the customer contact and the resolution. Inquiries and 3896 resolutions are categorized by type and are reported and reviewed by Burrtec management to 3897 identify trends and root causes, enabling quick corrective actions as warranted. Callbacks are 3898 completed each morning with customers who had left a message during off business hours the 3899 previous day or weekend. Customer Service Representatives can create work orders at the 3900 time of the call, provide customers with a work status update, and will reconcile and close 3901 completed work orders at the end of each business day, ensuring an accurate record is 3902 maintained in the system. 3903
3904
Customer Service Call Center 3905
3906
The City of Santa Clarita customers will continue to be directed to Burrtec's local customer 3907 service call center at 26000 Springbrook Avenue, Unit 101, 661-222-2249, servicing the 3908 contract area. Call centers are staffed with trained and experienced “CSRs” with multilingual 3909 capabilities Monday through Friday 8 AM – 5 PM. All call centers at each of the Burrtec Division 3910 offices can support or relieve capacity as needed. Additional customer service representatives 3911 will be available for transition beginning one to two weeks prior to the rollout of new services. 3912
1. Service Recipient Billing 3913
3914
FINAL AGREEMENT Page 122 of 184
A computerized accounts receivable system generates customer billings for uniform service 3915 fees, surcharges, and discounts. Burrtec's Billing Management Department manages and 3916 maintains this system in Fontana, CA. Daily Customer Service Representatives receive 3917 process service requests and create and close work orders, effectively reconciling the 3918 customer's account information in real-time. The Santa Clarita Customer Service Manager will 3919 submit a billing request to the Billing Department. The Billing Department reviews, verifies and 3920 processes the billing files. The file is then uploaded to an invoice fulfillment center to process 3921 and prepare the mailing. The invoice processing time from the request for billing to the actual 3922 mailing of the invoice is approximately forty-eight (48) hours. 3923 3924
a. Invoice Content 3925
3926
Burrtec provides current and up-to-date information on the invoice. The invoice 3927 includes Burrtec's contact information, including email, itemized costs by services, and 3928 messages promoting paperless invoicing and electronic payments. Each invoice will 3929 include payment directions and if a single-family dwelling invoice is pre-paid annually 3930 a one-month discount. 3931
3932
b. Frequency 3933
3934
All residential customers will receive an advanced quarterly billing for the upcoming 3935 service period. Remaining customers will be invoiced monthly. Invoices are sent on or 3936 before the first day of each billing period. 3937
3938
c. Electronic Invoicing 3939
3940
Burrtec customers have the opportunity to reduce paper waste and receive electronic 3941 invoices at no additional charge. Customers participating in the electronic invoicing 3942 program continue to receive newsletters and other important program information. 3943 Participants have the opportunity to receive correspondence by mail upon request. 3944 3945
d. Inserts & Statement Messages 3946
3947
The invoices will include a statement message with important reminders or inserts such 3948 as an application for automatic bank account payment deductions, a holiday schedule, 3949 a customized newsletter, or other information requested by the City. 3950 3951
e. Late Payment 3952
3953
1) Residential, Multi-Family, Commercial, and Mixed Use 3954 3955
All residential, multifamily, commercial, and mixed-use invoices are due and 3956 payable by end of billing period. Burrtec will mail a reminder letter to any customer 3957 that has not paid their bill within 30 days. The letter will indicate payment was not 3958 received and warn that late fees may be applied beginning the first day of the 3959 following month after the initial invoice was mailed. If an account remains unpaid 3960 after 90 days from the due date, the city will be notified, and customer reminder 3961 letters sent indicating the delinquency. A second letter will advise customers that 3962 the account remains unpaid, contain the balance due, including late fees, warn 3963 that delinquent balances will be sent to a collection agency, and service will be 3964 disrupted unless the account is paid in full. Returned check fees may be charged 3965 to the customer’s account. 3966
3967
FINAL AGREEMENT Page 123 of 184
2) Billing Disputes 3968
3969
If a discrepancy is discovered in an invoice presented to a customer, Burrtec's 3970 Santa Clarita management team will work with the customer to review, understand 3971 and resolve the concern. A detailed and thorough review of the account's current 3972 service levels requested service adjustments, additional services, or cancellations 3973 will be evaluated in conjunction with account “remarks” and work order history 3974 created by Customer Service Representatives during interactions with the 3975 customer. The customer will receive updated information outlining why charges 3976 were incurred or details of necessary adjustments made to the account. 3977 3978
2. Technology Network 3979
3980
The existing Burrtec technology network consists of two primary components: (i) Telephone 3981 system and (ii) Customer record management system (“CRM”). 3982 3983
a. Telephone System 3984
3985
Burrtec's telephone system is a full-featured Mitel Voice over Internet Protocol (VoIP) 3986 system with: 3987
3988
Multiple call paths offer several different paths/ways to receive an incoming customer 3989 call 3990
Multi-queue enables CSRs to be logged into multiple queues at one time, offering 3991 efficiency and increased availability during unexpected system or Santa Clarita power 3992 outages 3993
Full Automated Call Distribution (ACD) reporting capabilities 3994 Complete off-site, seamless overflow/failover systems in a remote data center 3995 Data forwarding at every call center site uses Multi-Protocol Label Switching (MPLS) 3996 for ensured communication abilities 3997
3998
Burrtec’s Santa Clarita Hauling Division local phone number 661-222-2249 has been used 3999 in Santa Clarita since 2002. Burrtec’s telephone system enables real-time monitoring of 4000 incoming calls, call duration, and calls on hold. The system displays the real-time status 4001 of calls in progress, and the status is monitored by the Lead CSR and the Customer Service 4002 Manager. The Corporate front office receptionist also monitors the system as a secondary 4003 status review. The Customer Service Manager, the Lead CSR, and the Receptionist have 4004 call load visibility in the Central Call Center and each Division Office. They can redirect 4005 calls to available operators irrespective of their office location. Should a caller be on hold 4006 for 90 seconds, the system offers the caller the option of continuing to hold or being 4007 transferred to a message center. Callbacks to recorded messages received after hours 4008 are made the next business day. Three more attempts will be made if a caller is not 4009 reached on the first attempt. An electronic log of message center activity is updated with 4010 each call and maintained in the system, and available for inspection by Los Angeles County 4011 representatives at any time. CSRs encourage callers to provide an e-mail address or cell 4012 phone number to provide updates to the caller without interrupting the caller with a return 4013 phone call. 4014
4015
b. Customer Record Management System 4016
4017
The ability to redirect calls to any available CSR regardless of office location is possible 4018 because of the versatility of the CRM System technology used at Burrtec. Burrtec has 4019 developed a customized in-house Customer Relationship Management software platform 4020 that is foundational to the hauling operations called 'WASTEC'. WASTEC fully integrates 4021 accounts receivables, dunning/lien letter notifications, customer invoice presentment, 4022 online bill pay, dispatch work order system, and routing logistics that all tie together to 4023 FINAL AGREEMENT Page 124 of 184
ensure that services invoiced accurately match services rendered. This is accomplished 4024 by using, Burrtec developed Geographical Information System (GIS) application to regulate 4025 all rate structures available in WASTEC to each specific service address by geocoding 4026 every customer to a digital street network. This GIS system also facilitates the ongoing 4027 optimization of commercial and residential routes. This software and all related data, along 4028 with other vital Burrtec applications and systems, reside on a host of servers. These 4029 servers are housed at two regionally separated off-site and highly secure data centers 4030 rated at N+1 level redundancy. Servers at each data center replicate to the other data 4031 center throughout the day. 4032
4033
Further, all critical hard drives are disk mirrored and striped (RAID 10 level). Burrtec also 4034 backs up all data on premise, off premise, and in the cloud. Burrtec’s data is immutable, 4035 encrypted, and air gapped (offline, disconnected, and inaccessible from the internet). 4036 Burrtec's proprietary CRM is the source of every customer subscription and history. Each 4037 customer record in the system includes the details about the customer's subscription, 4038 service history (including special services performed such as add-on services, Bulky Item 4039 pickups, temporary bin orders, and the like), call history, call disposition, and payment 4040 history. The Central Call Center and each Division Office are linked to the CRM so that 4041 any CSR can assist any customer from any Burrtec location. Once the caller's service 4042 address is located, a supplemental pop-up screen is available to the CSR with additional 4043 vital details regarding unique services and special events in the caller's community. Daily 4044 logs of complaints are maintained and are available to the City for review upon request. 4045 4046
c. Work Order Processing 4047
4048
Each customer call requiring service action is recorded in Burrtec’s customer record 4049 management system ensuring work orders are scheduled as an action item for the 4050 appropriate driver/supervisor. Once the service action is completed, the final resolution of 4051 the customer call is input into the customer database system and recorded on the individual 4052 customer records. Service actions include: 4053
4054
4055
4056
4057
4058
4059
4060
4061
4062
4063
4064
4065
4066
4067
4068
d. Website 4069
4070
The City of Santa Clarita will have its own dedicated website which mirrors Burrtec's 4071 recently overhauled and relaunched website. Burrtec's website will provide City of Santa 4072 Clarita residents and businesses with information on payment methods, collection 4073 services, recycling legislation, event services, ways to contact us, and more. The website 4074 will detail Santa Clarita current services and rates, diversion options available, and allows 4075 Service Recipients to submit service changes, inquiries, complaints, or queries. The 4076 website is ADA compliant and has an accessibility option. The website contains City of 4077 Extra Pick-Up Courtesy Pick-Up Miss
Damage Claim Exchange Delivery
Load Load/Dump No Return
Relocate Over Flow (Overage) Complaint
Oil Pick-Up Bulky Item Attn Supervisor
Attn Driver Complement Attn Sales
E-Waste Pick-Up Recycling Contamination Tires
Appliance Metal Delinquent/No Service
Delivery Extra Bin/Barrel Resume City Requested
Exchange Damage Exchange/Leak Exchange/Clean
Exchange Increase Exchange Decrease Exchange Graffiti
Exchange Locking Bin Exchange Lid Missing/
Broken
Other
FINAL AGREEMENT Page 125 of 184
Santa Clarita specific programs, proper set out, educational materials, newsletters and 4078 program descriptions. 4079
4080
4081 4082
3. Staffing Levels 4083
4084
Burrtec's, City of Santa Clarita located call center will maintain a staff of twelve (12) customer 4085 service representatives. If the Contractor is able to demonstrate through customer service data, 4086 per Article 19, that a reduced number of customer service representatives is sufficient, 4087 Contractor may request a reduction in staffing. Any reduction in staffing must be requested in 4088 writing and approved by Agreement Administrator. Staffing includes front counter walk-in 4089 serviceability for City of Santa Clarita residents and businesses who prefer to meet with a 4090 representative in person. The staffing level will include assistance provided by the customer 4091 service manager during peak hours or the adaptability of Burrtec's Mitel VoIP System, enabling 4092 managers to allocate additional resources from nearby hauling facilities to limit unforeseen wait 4093 times. 4094
4095
The Customer Service Manager periodically reviews call center statistics such as Make Busy 4096 Time, Average Speed of Answer, and Average Talk Time to ensure key performance indicator 4097 goals are maintained. Daily monitoring of calls offered, calls handled, and abandoned calls 4098 ensure the highest service level and percentage of answered calls. 4099 4100
4. Payment Programs 4101
4102
a. Payment 4103
4104
Burrtec offers several convenient payment options for its customers. Payments can be 4105 made by (1) mailing a check, (2) subscribing to an electronic payment program, (3) a free 4106 24-hour automated call-in payment service using a touchtone keypad for credit card and 4107 electronic check payments, or (4) calling customer service to process an electronic check 4108 (ACH) or credit card payment. The flexibility to select payment options is offered at no 4109 additional charge. In addition to available electronic alternatives, customers are always 4110 welcome to visit our Santa Clarita office and process cash, check, or electronic payment in 4111 person. Eligible customers paying a full year in advance will receive one month’s credit for 4112 services provided. 4113
4114
b. Refunds 4115
4116
FINAL AGREEMENT Page 126 of 184
Burrtec's automated process ensures customers receive timely refunds of overcharges on 4117 advanced payments after canceling services. Refund requests are processed within 30 4118 days from the date of cancellation. 4119
FINAL AGREEMENT Page 127 of 184
Exhibit 8 4120
Collection Service Operations Plan 4121
Burrtec’s continued growth and extensive experience in collection programs, processing and diversion 4122 have situated the company in a position to ensure that necessary resources will be available during the 4123 transition period and contract term. 4124
4125
1. Vehicles 4126
4127
New collection vehicles are on order to service the City of Santa Clarita in preparation for a contract 4128 award. Burrtec will utilize uniquely numbered, new model year 2023 vehicles with a useful life 4129 expectancy of fifteen (15) years. This will include: 4130 4131
4132
4133
4134
4135
4136
4137
4138
4139
During manufacturing and as part of Burrtec’s transition plan, collection vehicles are inspected 4140 periodically by Burrtec fleet personnel for conformance to required specifications. New collection 4141 vehicles received for operations undergo performance testing, onboard system installation, 4142 communication device setup, safety equipment checks, and fitted with appropriate identification 4143 requirements specified in the contract upon delivery. Additional fleet vehicles have been selected 4144 for use, ensuring no service interruptions at the onset of the contract. A complete inventory list will 4145 be provided to the City prior to contract service start date. 4146 4147
a) Automated Collection Vehicles 4148
4149
The automated side loader is equipped with an automated arm (integrated with the body), 4150 giving the best weight distributions and highest payloads. The 1,000-pound lifting mast reaches 4151 108" with a 10-second dump cycle. Carts may be dumped and returned from any position 4152 without retracting the lift. The self-leveling clamps handle 30-105-gallon carts. The packer 4153 design allows for better compaction, 4154
container clearance, and helps prevent 4155
spillage behind the compactor systems. 4156
The hydraulic packer computer system 4157
controls are preset to engage 4158
automatically after the programmed 4159
number of carts are dumped. 4160
4161
Quantity Type Model Year Useful Life
1 Automated Autocar Electric 2023 15
26 Automated Autocar 2023 15
16 Frontloader Autocar 2023 15
1 Scout Truck Freightliner 2023 15
1 Bin/Barrel Flatbed Freightliner 2023 15
FINAL AGREEMENT Page 128 of 184
b) Commercial Collection Vehicles 4162
4163
The commercial front-end loader (FEL) is equipped with an automated arm and moveable fork 4164 system (integrated with the body), giving the best weight distributions and highest payloads. 4165 The 10,000-pound arm capacity fills a 12 cubic yard hopper and is specially equipped with a 4166 tipper mounted to the crossbar to service carts received from low-volume generators. The 4167 hydraulic packer computer system is preset to automatically engage after the programmed 4168 number of containers have been 4169
dumped. The packer design allows for 4170
better compaction, container 4171
clearance, and helps prevent spillage 4172
behind the compactor systems. 4173
4174
c) Other Vehicles 4175
4176
Bulky item collection vehicles may 4177
include a front loader for trash and a 4178
non-compacting flatbed for e-waste, 4179
white goods, and other recyclable 4180
material. Flatbed or box vans are used for 4181
barrel and bin delivery, exchange, and removal 4182
operations. Vehicle construction and design ensure 4183 solid waste or liquids will not blow, fall, shift or leak out 4184 of the truck onto the street. Scout trucks equipped with 4185 hook and chain hold-down equipment ensure bins are 4186 safely secured and withstand travel over steep or 4187
rough terrain. Every vehicle comes equipped with a 4188 shovel, broom, spill prevention kit, and fire 4189
extinguisher. 4190
4191
d) Specialized Equipment 4192
4193
Burrtec serves many customers throughout Southern California; some of these accounts may 4194 be in isolated, hard-to-service or have space limitations such as the Newhall and Sand Canyon 4195 service areas. Our experience includes hard-to-access mountain roads, unpaved desert roads, 4196 narrow roads, dirt roads, tightly developed urban areas, and other atypical roadways. 4197 4198
These service challenges may require smaller 4199
collection vehicles that can safely and effectively 4200 maneuver in difficult service areas. Custom-built 4201
for each circumstance; specialized vehicles 4202
include either manual or automated collection 4203
methods. While no single service option may be 4204
ideal, Burrtec is prepared to provide equipment 4205
alternatives to facilitate program compliance. 4206
4207
e) Vehicle Specifications 4208
4209
The requested vehicle specifications are identified 4210 below. 4211
4212
Fuel
Type Size # of
Axles GVWR Capacity # of Collection
Compartments
Side Loader CNG 36 yd 3 3 54,900 10 Ton One
Side Loader EV 36 yd 3 3 54,900 10 Ton One
Front Loader CNG 40 yd 3 3 54,900 10 Ton One
FINAL AGREEMENT Page 129 of 184
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 yd 3 2 26,000 5 Ton One
4213
4214 f) Reduction of Air Emissions and Wear & Tear on City Streets 4215 4216
Burrtec continues developing and implementing programs at its facilities with positive 4217 environmental impacts. 4218
4219
1) Reduced Air Emissions 4220
4221
Burrtec utilizes vehicles powered by Compressed Natural Gas (CNG). CNG is the same 4222 type of gas commonly used in household appliances and as a home heating source. The 4223 CNG clean fuel technology will help the environment by producing less exhaust emission 4224 pollutants than standard diesel-fueled trucks. Burrtec's current CNG fuel is derived from 4225 Renewable Natural Gas (RNG) resources produced in association with dairy farms and 4226 supplemented by landfills not eligible to meet SB 1383 procurement requirements. With 4227 these "near zero" trucks and investment in fueling system installation at the Santa Clarita 4228 Hauling Division, Burrtec remains committed to improving the environment. All alternative 4229 fuel vehicles are equipped with the L9N Near Zero Emission Gas Engine, compliant with 4230 current EPA, CARB, and South Coast AQMD emission requirements. 4231 4232
Burrtec will aid the City in achieving obligations set forth by the SB 1383 Procurement of 4233 Recovered Organic Waste requirements when reliable volumes of CNG transportation fuel 4234 become available. CalRecycle's current resource for anaerobic digesters 4235 https://www.calrecycle.ca.gov/organics/slcp/procurement includes a list titled California 4236 Anaerobic Digestion Projects Accepting Organics Waste from the Municipal Solid Waste 4237 Stream (May 2021). This list details the status of 34 statewide anaerobic digesters with the 4238 potential capability to create renewable CNG Transportation Fuel. Of the 34 facilities listed, 4239 the status indicates 3 "Inactive" and 16 "Pending," totaling 19 anaerobic digesters (55.88%) 4240 28’-0” Inner Radius
FINAL AGREEMENT Page 130 of 184
unavailable for use. Of the remaining 15 operational facilities, only five produce CNG 4241 transportation fuel required to meet SB 1383 procurement mandates for the entire state. 4242 4243
2) Reduced Wear & Tear on City Streets 4244
4245
Burrtec team members, who have lived in Santa Clarita for more than thirty years or have 4246 worked at the Santa Clarita Division for more than fifteen years, will conduct a thorough 4247 and comprehensive study of the existing routes currently operated by the incumbent within 4248 the franchise area during the implementation period. Burrtec's geographic information 4249 system (GIS) team members will develop route maps, verify routing requirements, and 4250 begin to develop the operational platform used by our drivers. GIS team members focus 4251 on key performance indicators to optimize routes, including but not limited to: 4252 4253
Container counts 4254
Tonnage generation 4255
Labor hours 4256
Fuel costs 4257
Miles driven per route 4258
Start times 4259
Distance to disposal sites 4260
Facility hours of operations 4261
Time sensitive stops (schools and shopping centers) 4262 Traffic flow and turns required 4263
4264
Route optimization sets the following goals: 4265
4266
Efficient use of resources and equipment 4267
Minimize the carbon footprint of the collection service 4268 Ensure the minimum number of changes and disruptions in collection service for 4269 existing customers 4270
4271
g) Vehicle Technology 4272
4273
(1) Lytx Safety System 4274
4275
The Lytx system is deployed on all Burrtec collection vehicles utilizing a combination of 4276 cameras, GPS, G-force measurement, and artificial intelligence (AI) to promote safe 4277 driving techniques, to detect possible accidents or unsafe activities, and specifically 4278 designed to work in areas with limited cell service. Burrtec uses the data collected through 4279 the Lytx system and transmitted to the Safety Team to train and coach safe behaviors and 4280 driving skills. The training consists of various methods that include one on one video 4281 reviews of unsafe acts or conditions and the posting of videos that demonstrate safe 4282 driving practices in driver breakroom areas. The Lytx system is utilized by fleets 4283 nationwide to reduce the potential for accidents and injuries. Burrtec currently has this 4284 system installed on over 600 vehicles. The Lytx system will meet the requirements for 4285 Video and GPS as outlined in the RFP. 4286
4287
(2) Global Positioning System (GPS) 4288
4289
GPS data will track a vehicle's path route with lines or dots superimposed on a map. Data 4290 is gathered, including date, time, speed, direction, location (address), and available in 4291 reports. Reports will be provided within two business days of the request for a specific 4292 time or a geographic area. Data is retained for a minimum of 14 calendar days. The 4293 minimum ping frequency of occurrence that GPS data is received from the vehicle will be 4294 at least every ten seconds for all vehicles when within the service area. 4295 FINAL AGREEMENT Page 131 of 184
4296
(3) Video Equipment 4297
4298
Burrtec's collection vehicles utilize forward video recording equipment to validate service 4299 complaints such as missed collections and other items of interest and a camera facing 4300 solid waste as it falls into the hopper. Video equipment will record once a vehicle leaves 4301 the yard during days of operation. Video will be geotagged for location, time/date stamped, 4302 and adequate resolution to identify the location serviced. Videos will be retained in an 4303 electronic format for a minimum of 14 calendar days. Copies of videos or screen capture 4304 of a specific day, time, or location will be provided within 48 hours of the request. 4305 4306
(4) Waste Facing Cameras 4307
4308
Onboard truck systems utilize cloud data platforms to document photographic evidence 4309 of contamination and cellular GPS systems to track and record service location, date, and 4310 time information. Onboard systems will aid in targeted route reviews. 4311 4312
h) Vehicle Appearance 4313
4314
All Burrtec collection vehicles will uniformly display the Burrtec color scheme, white with a bold 4315 horizontal burgundy stripe on the body and horizontal orange and burgundy stripes on the cab. 4316 Collection vehicles will be identified with the company name in a contrasting color and 4317 constructed such that solid waste or liquids will not blow, fall, sift, or leak out of the truck onto 4318 the street. Vehicles are repainted when reasonably required to maintain a positive public image. 4319 Vehicles are equipped with general safety equipment, fire extinguishers, shovels, broom, and 4320 spill prevention kits. 4321
4322
Automated side loaders and commercial collection vehicles may include promotional signs 4323 regarding recycling, diversion, and safe handling of unpermitted waste with text, graphics, and 4324 design approved by the City. The billboards can be 4325 changed periodically, with various trucks 4326
carrying different messages to maximize public 4327
education. Below is an example of an outreach 4328
sign currently used in the Santa Clarita 4329
franchise area. 4330
FINAL AGREEMENT Page 132 of 184
4331 4332
i) Vehicle Maintenance Program 4333
4334
Management ensures all divisions comply with Motor Carrier Safety regulations and terminals 4335 conform to the Basic Inspection of Terminals (BIT) Program standards. Each regulated vehicle 4336 is inspected per California Vehicle Code 34505.5. Beginning with training, monthly 4337 maintenance reviews and preventative maintenance programs are critical components to 4338 ensuring compliance. Each program component is continually reviewed for effectiveness, 4339 updated to maintain compliance, and has resulted in the Satisfactory rating on Safety 4340 Compliance Reports / Safety Record Updates conducted by the California Highway Patrol. 4341 4342
Training programs include but are not limited to: 4343
4344
Topic Description
Safety Training CalOSHA required industry-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 analysis report results Cummins Insite/QuickServe Use of Cummins engine 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 safely repair a tire
Merritor Brake & Wheel Brake inspection training
Chassis/Air Brake ABS Understand how to service and maintain air systems LNG/CNG Troubleshooting Troubleshoot fuel systems
CNG/LNG Hose & tubing Understand how to build and maintain fuel lines Stop the Drop Hydraulic hose routing & spill prevention ASL Arm Hydraulics Proper arm maintenance
Battery, alternator & starter Charging 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 133 of 184
4345
Standard operating procedures outline maintenance program requirements, record-keeping 4346 activities, and preventative maintenance schedules. Specific performance metrics are the focus 4347 of Burrtec's monthly maintenance review program. Key performance metrics include but are 4348 not limited to the following: 4349
4350
Labor hours and productivity 4351
Labor details by vehicle 4352
Out of service journal records 4353
Scheduled preventative maintenance completion 4354
Multiple vehicle repairs 4355
Major repairs required 4356
Non-safety sensitive backlog 4357
4358
j) Vehicle Maintenance Schedule 4359
4360
Trucks are maintained in Burrtec’s Santa Clarita yard by seasoned mechanics. Burrtec's robust 4361 preventative maintenance program will ensure all vehicles are in good, safe, neat, clean, and 4362 operable condition at all times. Collection vehicles will be thoroughly washed, steam cleaned, 4363 and regularly painted to present a clean appearance. Burrtec will make all collection vehicles 4364 available for inspection by City staff upon request. Burrtec agrees to replace or repair to the 4365 City's satisfaction any collection vehicle that the City determines to be of unsightly appearance 4366 or in unsatisfactory operating condition. Vehicle maintenance schedules are designed to 4367 ensure vehicles are maintained at the highest state of readiness. 4368 4369
1) Daily Inspections 4370
4371
Driver cab cleaning 4372
Driver vehicle inspections conducted 4373
• Air brake inspections 4374
• Pre-Trip - Before work commences 4375
• Visually - While on the route and during disposal operations 4376 • Post Trip - Upon completion of daily activities 4377
4378
2) Weekly Activities 4379
4380
Vehicle washing 4381
Vehicle brake inspections performed by the maintenance department 4382 • Air brake test completed 4383
• Brake shoes or pads inspected 4384
• Brake drums or rotors inspected 4385
• Air lines, cans, and brackets inspected 4386
• Wheel seals checked 4387
• Back up alarm tested 4388
• Back up lights inspected 4389
• Brake lights inspected 4390
• Back up camera inspected 4391
• Repairs reported, recorded, and completed 4392
Vehicle tire inspections performed by the maintenance department 4393 • Tire tread depth measured 4394
• Tires air pressure checked 4395
• Tires inflated to manufacturers' specs 4396
• Tires with defects or low tread changed 4397
• Tires matched by the tread depth 4398
• Repairs reported, recorded, and completed 4399
FINAL AGREEMENT Page 134 of 184
4400
3) Monthly Inspections 4401
4402
General vehicle inspections scheduled every 30 days comprising of over forty (40) 4403 items inspected on each vehicle in the following component groups 4404 • Vehicle Body 4405
• Hydraulic System 4406
• Engine Fluid Levels 4407
• Cooling System 4408
• Air & Brake System 4409
• Fuel System 4410
• Chassis and Suspension System 4411
• Cab Controls 4412
• Decals & Paint 4413
• Safety Devices 4414
• Camera System 4415
• Registration and Documentation 4416
4417
4) Quarterly Inspections (every 90 days) 4418
4419
Includes the monthly vehicle inspection and adds the following inspection 4420 requirements 4421
• Coolant sample sent for analysis 4422
• Coolant pH test 4423
• Engine oil sample sent for analysis 4424
• Engine air, fuel, and oil filter change 4425
4426
5) Semi-Annual Inspections (every 180 days) 4427
4428
Includes the monthly vehicle inspection and adds the following inspection 4429 requirements 4430
• Coolant sample sent for analysis 4431
• Coolant pH test 4432
• Change engine oil. Sample sent for analysis 4433
• Transmission, air, fuel, and oil filters changed 4434 • Transmission fluid sample sent for analysis 4435
• Hydraulic fluid sample sent for analysis 4436
6) Annual Inspections (every 365 days) 4437
4438
Includes the monthly vehicle inspection and adds the following inspection 4439 requirements 4440
• Inspection of the hydraulic system 4441
• Inspection of the transmission system 4442
• Coolant is changed and the sample sent for analysis 4443 • Manual Transmission/Differential general inspection 4444 • Manual transmission oil sample sent for analysis 4445 • Gear/differential fluid sample sent for analysis 4446 4447
7) Road Calls 4448
4449
Burrtec’s maintenance program is designed to ensure the optimal readiness level of 4450 collection vehicles. Burrtec maintenance departments are equipped to respond rapidly to 4451 immediate driver needs if breakdowns occur. Designated technicians respond to drivers' 4452 "Road Calls" for assistance using vehicles specially equipped to remedy most mechanical 4453 failures that can occur in the field. An adequate amount of well-maintained spare 4454 FINAL AGREEMENT Page 135 of 184
equipment is available should repairs require the vehicle to be returned to the hauling yard 4455 or be placed out of service for an extended period. Burrtec's onsite approach allows 4456 technicians to respond within one hour of the breakdown, minimizes driver downtime, and 4457 reduces potential service delays. 4458
4459
2. Containers 4460
4461
Burrtec has secured an allotment of time in the manufacturing schedule for container production 4462 from its vendors to fulfill the contract award requirements. Consistent with SB 1383 regulations and 4463 contractual requirements, containers will be colored and labeled with the required languages and 4464 signage explicitly designed to facilitate diversion goals and convey general safety information. 4465 4466
a. Past Experience 4467
4468
Burrtec has long-standing relationships with two primary container manufacturers. For more 4469 than two decades, the Rehrig Pacific Company has manufactured Burrtec automated carts. 4470 Consolidated Fabricators, now Wastequip, has continued to supply Burrtec with commercial 4471 bins and roll-off boxes for nearly three decades. Burrtec’s long-standing and successful 4472 partnership with these companies has provided a platform for Burrtec management team 4473 members to provide input in the design, operational efficiency, and supply chain management. 4474 4475
1) Rehrig Pacific 4476
4477
The Rehrig Pacific Company was first established in 1913. For over 100 years, Rehrig 4478 Pacific has believed the key to success lies in making products that give customers real 4479 advantage. Today, Rehrig Pacific is in its second century of business, carrying on under 4480 the leadership of the founder's great-grandson. The Rehrig Pacific Company continues to 4481 build upon its expertise in manufacturing and extensive knowledge of customers' 4482 operations to create new solutions for customers. 4483 4484
2) Consolidated Fabricators 4485
4486
Since 1974, Consolidated Fabricators has committed to delivering a line of solid and 4487 innovative products focused on performance, product development, fabrication, and 4488 delivery. Consolidated Fabricators has become a reliable business partner within the 4489 industry, and in 2020, Wastequip, the leading North American manufacturer of waste 4490 handling equipment, added Confab to its portfolio of brands. This acquisition allows Confab 4491 additional operating efficiencies to serve its customer base better. 4492 4493
b. Sufficiency of Capacity 4494
4495
Customers will be able to choose a variety of services offered by Burrtec’s preferred source-4496 separated container collection system when considering their material stream volumes and 4497 individual need for flexibility. Cart and bin serviced sectors, including multi-family complexes, 4498 will be included in the source-separated system. Customers will be able to source separate 4499 recyclables, organics, refuse, and food waste. This service combination is designed to 4500 maximize diversion while minimizing the contamination of customized services amongst 4501 customers. The variety of services offered will enable service recipients to receive clean, 4502 efficient, and cost effective collection services. Available container dimensions are shown 4503 below. Additional recycling and organic waste containers are always available to customers 4504 upon request. 4505
4506
FINAL AGREEMENT Page 136 of 184
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”
4507
c. Bin Enclosures and Limited Space 4508
4509
1) Bin Enclosures 4510
4511
Burrtec aims to maximize container utilization 4512
and operational efficiency when collecting 4513
waste, recyclables, and organics. Efficiency is 4514
realized when the driver uses minimal 4515
movements to position containers for 4516
servicing. Appropriately sized enclosures, 4517
containers, and service frequency assist in 4518
maximizing collection efficiency, driver safety, 4519
and reducing wear and tear on City streets by 4520
limiting the number of times vehicles enter the 4521
premises each week. Properly sizing 4522
enclosures and providing an adequate number 4523
and size of containers reduce overfilled 4524
occurrences, accumulation of materials next to 4525
the container, and the use of unauthorized 4526
containers for material storage. Burrtec 4527
maintains staff capable of assisting City 4528
Planning Departments with urban planning 4529
and development expertise specifically suited 4530
to address "Design Guidelines for Solid Waste, Recyclable, and Organics Enclosures." 4531 4532
Enclosures must be designed to comply with applicable building requirements, including 4533 14 CCR Section 18989.1 CalGreen Building Codes as outlined in SB 1383 regulations. 4534 Enclosures must be located no more than 150 feet from any residential unit for multi-family 4535 residential projects. Ideally, containers should be placed so that they can be easily 4536 accessed and are not blocking each other. Adequate area should be kept around the bin 4537 so that lids can be shut when not in use. 4538
4539
Some businesses and multi-family projects prefer to store collection containers in a room 4540 or area attached to the business or residential project. These may be acceptable storage 4541 methods if the area complies with City development standards with bins positioned in a 4542 manner Burrtec can efficiently access for service. 4543 4544
The actual type and amount of service will depend upon the specific needs of a business 4545 or multi-family project. Burrtec’s Recycling Coordinators will first use this information to 4546 conduct site visits to customers, verify container counts, schedule follow-up waste 4547 assessments, and begin "right-sizing" recyclable and organic recovery programs. Burrtec 4548 staff will validate compliance with AB 827 and SB 1383 regulations when conducting waste 4549 audits and assessments or processing waiver applications. 4550
FINAL AGREEMENT Page 137 of 184
4551
2) Limited Space 4552
4553
Burrtec will provide alternative container sizes to residential customers and older shopping 4554 centers with limited parking and no enclosures such as Old Town Newhall, Lyons Avenue, 4555 and Sierra Highway. Alternative container sizes will have the same commodity selections 4556 as would have been initially provided. For example, up to 3 – 35 gallon carts will be 4557 provided in instances where larger containers could not be accommodated due to space 4558 restrictions for cart storage or set out sites. 4559
4560
Additional containers are also available in instances with commercial businesses or multi-4561 family dwellings. Burrtec will assist the City with waiver-related activities under SB 1383 4562 requirements as listed below. 4563
4564
Upon customer request 4565
Collected and review waiver applications 4566
Determining initial qualifications 4567
Record keeping and retention 4568
4569
Waivers will be valid for not more than five years. Customers may request a waiver for the 4570 business' organic waste collection requirements if the amounts of organic waste are as 4571 follows. 4572
4573
Less than 20 gallons for businesses that produce two cubic yards or more of total 4574 solid waste per week or 4575
Less than 10 gallons for businesses that produce less than two cubic yards of total 4576 solid waste per week 4577
4578
Customers with legitimate space constraints requesting a waiver from their obligation to 4579 recycle organic waste should be applicable in limited scenarios. Limited space waiver 4580 requests are expected to decrease in use over time once building standards include 4581 adequate container space requirements for organic waste collection. Physical space 4582 waiver applications will include photographic evidence when submitted for approval. 4583 4584
d. Container Appearance 4585
4586
Variable container sizes will be available to suit customers' individual needs. Burrtec will 4587 provide SB 1383 colors and labels for all container sizes. Labels for each service sector will 4588 maintain continuity with messaging to strengthen the education and outreach efforts. 4589 Residences can expect to see the same prohibited and authorized materials for each container 4590 at their home and place of business. 4591
4592
1) Container Durability 4593
4594
All containers used by Burrtec are durable, easy to clean, and will: 4595 4596
• Maintain its original shape and appearance 4597
• Require no routine maintenance and essentially be maintenance-free 4598 • Not warp, crack, discolor, or otherwise deteriorate over time in a manner that will 4599 interfere with its intended use 4600
• Resist damage from everyday products and chemicals 4601 • Be incapable of penetration by biting or clawing animals (i.e., dogs, cats, and 4602 raccoons) 4603
• Included wheel and axle assemblies to provide continuous maneuverability and 4604 mobility as initially designed and intended 4605
FINAL AGREEMENT Page 138 of 184
• Resist degradation by ultraviolet radiation, airborne gases, or particulate matter 4606 currently present in the ambient air 4607
4608
Each container will be provided with a lid that continuously overlaps and comes in contact 4609 with the container body or otherwise causes an interface with the container body that 4610 simultaneously: 4611
4612
• Prevents the intrusion of rainwater, rodents, birds, and flies 4613 • Prevents the emission of odors 4614
• Enables the free and complete flow of material from the container during the dump 4615 cycle without interference with the material already deposited in the truck body or 4616 the truck body itself and its lifting mechanism 4617
• It permits users of the container to conveniently and quickly open and shut the lid 4618 throughout the serviceable life of the container 4619
4620
Cart lid designs prevent an empty container from tilting backward when flipping the lid 4621 open. The lid will be hinged to the cart body in such a manner to enable the lid to be fully 4622 opened, free of tension, to a position whereby it will rest against the backside of the 4623 container body and remains closed in winds up to 25 miles per hour from any direction. 4624 4625
2) Automated Carts 4626
4627
The cart's body, made from up to 40% recycled material content and identified by a unique 4628 serial number will include the company name or brand in a contrasting color. The cart lids 4629 will include text and graphics listing each respective cart's acceptable and non-acceptable 4630 items. General cart use information such as hazardous waste reminders is also included. 4631 Informational graphics will reinforce the cart's intended use and serve as a convenient 4632 reminder to customers. Below are the SB 1383 in-mold labels for trash, recycling, and 4633 organic waste cart lids used in other service areas. 4634 4635
ORGANICS
BLACK
FINAL AGREEMENT Page 139 of 184
4636
4637
4638 3) Commercial Bins 4639
4640
Below are the standard bin specifications and SB 1383 bin labels for trash, recycling, and 4641 organic waste containers used in other service areas. Containers will include text and 4642 graphics listing the acceptable and non-acceptable items. General use information such 4643 as hazardous waste reminders is also included. Graphical information will reinforce the 4644 container's intended use and serve as a convenient reminder to customers. 4645 4646
Standard Bin Specifications 4647
4648
• Plastic durable lid 4649
• 14 Gauge construction with flanged corners and horizontal "V" groove ribs front, 4650 back, and bottom 4651
• 12 Gauge interlocking banding 4652
• 11 Gauge 4" x 8" Full-length gusseted fork channels - on ends reinforced at pick-4653 up points (2" recess or flush front & rear). 1, 1 1/2, 2 cubic yd with 4 gussets per 4654
FINAL AGREEMENT Page 140 of 184
channel, 3 cubic yd with 6 gussets per channel, 4 cubic yd with 8 gussets per 4655 channel 4656
• Channels are available on the bottom with 4 gussets per channel 4657 • Zinc plated lid rod with 90-degree bend and nylon lock nut 4658 • Lid holders to hold lids open 4659
• Lid ears to accommodate plastic or steel lids 4660
• 6" roller bearing rubber swivel casters with grease fittings (450 lb. capacity each) 4661 • 10 Gauge caster plates with flange for strength 4662
• Interior coated with automotive underseal or rust-inhibitive alkyd primer 4663 • Exterior (including the bottom) painted selected colors with alkyd enamel paint 4664 4665
4666
4667
4668
4669
4670
4671
4672
4673
4674
4675
4676
4677
4678
4679
4680
4681
FINAL AGREEMENT Page 141 of 184
e. Container Maintenance Program 4682
4683
Burrtec’s container maintenance facility is centrally located in the City of Santa Clarita at 4684 Burrtec’s Santa Clarita Hauling Division. Utilizing a local hauling facility allows Burrtec, in many 4685 cases, to complete bin repairs, bin washing, and paint requirements sooner than the contract 4686 requires. Burrtec will maintain an adequate container inventory and parts in sufficient quantities 4687 to deliver or replace containers within five service days of the request. The City will be informed 4688 of inadequate inventory concerns or manufacturer delays. 4689 4690
Burrtec will replace or repair containers observed to be damaged or at the request of the City, 4691 customer, or occupant. Fees may be charged for missing or damaged containers due to the 4692 customer or occupant's negligence. Minor damages that do not impede the ability to collect 4693 materials nor pose a safety concern are generally repaired or replaced on the customer’s next 4694 service day. Containers damaged from extraordinary circumstances or requests for repair or 4695 replacement from the City, customer, or occupant will be completed as agreed upon at the time 4696 of notification but no later than as required by the franchise agreement. In all cases, Burrtec 4697 will ensure the customer's safety, and the functionality of containers remains the priority. 4698 4699
3. Route Operations 4700
4701
a) Advantages to Collection Vehicles Chosen 4702
4703
Vehicles are operated in compliance with the California Vehicle Code, applicable safety 4704 standards, and local ordinances. The Burrtec fleet benefits from three specific advantages: 4705 4706
Use of alternative renewable fuels. Burrtec's use of alternative fuels minimizes pollution, 4707 reduces fuel costs, and capitalizes on renewable natural gas produced at dairy farms 4708 and landfills. Renewable natural gas procurement further reduces the demand for natural 4709 resources. 4710
State of the art technology. Many Burrtec vehicles bodies are specifically designed for 4711 longevity and to collect the maximum payload possible using advanced materials such 4712 as Hardox® wear and abrasion-resistant steel. Coupled with the Lytx Safety System 4713 and GPS technology, the number of vehicles and routes required for service is 4714 significantly reduced, eliminating unnecessary wear and tear on City streets. Additional 4715 technological vehicle advances offered to the City of Santa Clarita are highlighted in the 4716 Innovative “Green Approach” section under Environmental Stewardship. 4717 Conscientious of neighborhoods and families. Burrtec's equipment complies with US 4718 EPA noise emission regulations, currently codified in 40 CFR Part 205 and other 4719 applicable noise control regulations. Such noise control features are incorporated 4720 throughout collection vehicles. Noise levels of equipment utilized for collection activities 4721 comply with respective ordinances. They do not exceed 75 dcb when measured at a 4722 distance of 25 feet from the vehicle, five feet from the ground. 4723 4724
FINAL AGREEMENT Page 142 of 184
b) Driver Responsibilities 4725
4726
Burrtec drivers are primarily responsible for safety and service. 4727 Burrtec drivers are courteous, keep a personally clean 4728 appearance, demonstrate a professional demeanor, and are 4729 friendly at all times. Drivers maintain the accuracy of their route 4730 sheets, including proper quantities and container sizes, and 4731 use notification tags for prohibited container contaminants 4732 discovered while servicing the routes. Drivers are considerate 4733 when working near residences in the early a.m. hours, pack 4734 loads only when necessary, and are on the lookout for 4735 potential hazards involving children and pedestrians, animals, 4736 vehicles, blind intersections, overhead obstacles, and poorly 4737 lit areas. Drivers ensure all spillage of trash and enclosures 4738 are clean after servicing containers. Drivers will advise their 4739 supervisor or dispatcher of discrepancies or errors 4740 encountered. Notifications allow necessary corrections to be made expeditiously. A copy of 4741 Burrtec's "Driver Handbook" containing a complete list of safety requirements, driver 4742 responsibilities, and company expectations can be provided to the City upon request. 4743 4744
c) Anticipated Driver Productivity 4745
4746
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
4747
d) Operational Communications 4748
4749
When a customer contact requires Burrtec action, the CSR generates a work order. Work 4750 orders transmitted electronically become the dispatcher's responsibility to schedule fulfillment 4751 of the service request promptly. 4752
4753
Each day, drivers are given detailed route sheets and supplemental work orders. Route sheets 4754 include account notes and work orders to provide the driver with specific service requests or 4755 instructions provided by the customer. Additional customer requests requiring same-day 4756 service are communicated to the driver by dispatch throughout the day. The driver will confirm 4757 to dispatch when work is complete. 4758
FINAL AGREEMENT Page 143 of 184
4759
Before leaving the route for the day, drivers will contact on-site dispatch making their "Last 4760 Call." Last Call communications ensure all work is completed prior to returning to the yard. 4761 Upon returning to the hauling yard, drivers will check in with dispatch to complete a final 4762 reconciliation of scheduled versus completed work. The hauling division’s central location in 4763 Santa Clarita allows for rapid response times and same day service in many cases. 4764 4765
The Route Supervisor monitors the status of all Work Orders to ensure timely fulfillment and 4766 weight tickets for DOT compliance. Any CSR can access Work Orders at any time to monitor 4767 status. Work order fulfillment timeliness depends upon the nature of the order. For example, 4768 Dispatch attempts to resolve orders regarding service issues on the day received, while a Bulky 4769 Item collection would be scheduled for the customer's next regular collection day. 4770 4771
e) Driver Contamination Monitoring 4772
4773
Drivers will use two primary methods to determine the type of prohibited container 4774 contaminants they may encounter. These methods consist of process and task identification 4775 techniques used to determine container contamination types that may be present. 4776 4777
Process Identification: Drivers determine what type of business uses the containers serviced. 4778 Suppose a driver is at a fast-food establishment, and there are no recycling or organic waste 4779 collection containers present. In that case, drivers will look for corrugated material or food waste 4780 in the refuse containers during service and report findings accordingly. 4781 4782
Task Identification: Roll off drivers servicing containers at a construction site will notify dispatch 4783 when organic waste is observed in the construction & demolition box that could otherwise have 4784 been collected in an organics container. 4785
4786
Drivers will place notification tags educating customers on prohibited contaminants found. 4787 Burrtec will inform generators on proper container utilization techniques and how contamination 4788 can be corrected at discovery and using standard mail or notifications sent via e-mail. Red tags 4789 are applied to residential customer carts and a visible contamination decal for commercial bins. 4790 4791
4792
4793
4794
4795
4796
4797
f) Annual Service Level and Billing Audit Approach 4798 4799
1) Audit Plan 4800
4801
Burrtec has developed a comprehensive plan to conduct annual route audits. This plan 4802 utilizes trained Burrtec professionals experienced with equipment, auditing jurisdictions, 4803 and our work order system and the processes required to resolve exceptions. 4804 4805
The route audit will be conducted over multiple weeks, and allows our auditors to physically 4806 visit each customer within the City. Each auditor is fully trained to conduct these audits to 4807 meet all CalRecycle and City requirements. 4808
4809
Auditors are equipped with tablets to document observations in real-time while on the route 4810 and minimize data transfer errors. Each auditor will follow route lists specially designed for 4811 each project which will detail customer account information in such a way as to allow 4812 auditors to capture multiple commodities in a single visit to the customer's location on a 4813 scheduled service day. Completed data will be downloaded nightly and reviewed by the 4814 FINAL AGREEMENT Page 144 of 184
audit management team. An exception list will be generated from the data and provided to 4815 appropriate personnel for processing. Exceptions-based work orders will be created for the 4816 operations team to remedy timely and on a customer's future service day. 4817 4818
Burrtec will supply designated City personnel a detailed report upon completing the route 4819 audit containing information on the procedures followed, of the names of the employees 4820 who conducted the audit, a description of changes required resulting from the audit, and a 4821 plan to resolve any exceptions still needing to be rectified. Included in the report presented 4822 to the City will be the backup data. 4823
4824
2) Route Maps 4825
4826
Santa Clarita route maps will be included in the final report. Route maps will consist of city 4827 overviews for residential and commercial customers for each commodity. City boundaries 4828 will be highlighted to demonstrate proof that all routes exist within City limits. 4829 4830
Commercial routes are designed to serve a specific geographic area throughout the week 4831 within City boundaries. Only one map will be shown for each trash, recycling, and organics 4832 commercial route. In addition to route overviews, individual route maps per service day will 4833 be provided for residential collection activities and arranged by commodity. 4834 4835
3) Route Audit Team 4836
4837
The route audit team is comprised of two groups. Burrtec's most seasoned auditor leads 4838 the route audit management team with countless experiences in coordinating, conducting, 4839 and validating account information. Additionally, the route audit management team will 4840 include the Regional Hauling Manager and Santa Clarita Division Manager directly 4841 responsible for the hauling operations within the City of Santa Clarita to remedy any 4842 exceptions generated from the audit. 4843
4844
The route audit team members are comprised of a variety of skill positions within the 4845 organization and operate out of multiple divisions. Route audit team members bring 4846 industry knowledge of container conditions, work order processes, and computer skills, all 4847 necessary to complete the contractual compliance requirement. Route audit team 4848 members range from yardmen, to office staff capable of executing field audit operational 4849 tasks and include seasoned drivers from multiple divisions. 4850 4851
4) Route Audit Team Training 4852
4853
Route audit team training will consist of individual components administered by the route 4854 audit management team. The route audit team has extensive knowledge in completing City 4855 of Santa Clarita commercial audits for nearly two decades, critical to efficient and effective 4856 audit execution. 4857
4858
The first phase of training will be conducted in an office environment. The training will 4859 outline an overview of the audit, including contract requirements, review map orientation 4860 and City boundaries, and familiarization with the iPad and forms completed while onsite. 4861 The second phase of training will consist of bin and cart contamination requirements. Using 4862 actual examples of equipment in the field, the route audit management team will ensure 4863 each auditor clearly understands what container contamination is. 4864 4865
Next, the route audit management team will conduct live field tests with each route auditor. 4866 Field tests ensure proper use of the electronic tablets, confirm auditors understand 4867 expectations, and ensure data transfer and exception reports can be generated from the 4868 information collected by the route audit team. 4869
4870
FINAL AGREEMENT Page 145 of 184
5) Conducting the Audit 4871
4872
Auditors will arrive at each customer's location and select the appropriate or prohibited 4873 materials found in each container observed, quantity of containers on site, and size of each 4874 container. Audit results and corrections will be provided to the City as required. 4875 4876
4. Facilities 4877
4878
a) Designated Facilities 4879
4880
Burrtec corporate offices and hauling operations facilities used to service the City of Santa 4881 Clarita are listed below: 4882
4883
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
4884
Burrtec proposes delivering solid waste, commingled recyclables, and organics to the facilities 4885 listed below. 4886
4887
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
4888
Organic waste will be collected and hauled by Burrtec 4889 and processed through the proposed Rent-a-Bin 4890
facility. The Rent-a-Bin facility is currently in the 4891 process of acquiring the proper Solid Waste Facility 4892 Permit to receive, process, and transfer organic waste 4893 by July 1, 2023. More details about the Facility will be 4894 provided as the permitting process progresses. 4895
4896
b) Estimated Recovery Rates Net of Residue 4897
4898
Commodity Disposal Facility Recovery Rate Permitted
Capacity
Recyclables Rent-a-Bin TBD TBD
Organic Waste Rent-a-Bin TBD TBD
4899
FINAL AGREEMENT Page 146 of 184
c) Operational Limitations of Recycling and Organic Waste Processing 4900 4901
1) Organic Waste Processing 4902
4903
As of April 7, 2022, Rent-a-Bin is only permitted to accept green waste for chip and grind 4904 processing activities. Recent discussions with Rent-a-Bin have indicated that they are 4905 currently in the permitting phase to process organic waste to include bagged food waste 4906 collected with the green waste, source separated food waste, and manure. Rates and 4907 diversion estimates will not be available until the facility is permitted and constructed 4908 4909
Rent-a-Bin remains the primary facility selected to receive organic waste material. In the 4910 unlikely event, Rent-a-Bin has not received their permits to process organic waste onsite 4911 by July 1, 2023, materials would be delivered to Rent-a-Bin and transferred to Burrtec’s 4912 strategic partner, Agromin as an interim solution. 4913 4914
However, in order to receive and transfer the materials to Agromin, the Rent-A-Bin facility 4915 requires a Solid Waste Facility Permit. In the unlikely event Rent-a-Bin has not received 4916 their permits by July 1, 2023, as a temporary solution, Burrtec will use Sun Valley Paper 4917 Stock Material Recovery Facility and Transfer Station to receive and transfer organic 4918 material to an Agromin facility. 4919
4920
As soon as Rent-a-Bin receives the proper permitting and completes facility construction, 4921 appropriate materials will be redirected to Rent-a-Bin. 4922 4923
Sun Valley Paper Stock Material Recovery Facility & Transfer Station is the alternative 4924 transfer facility to Rent-A-Bin. Designed for an ultimate peak throughput of 1,250 tons per 4925 day (TPD) and is permitted for 750 TPD. This is a typical transfer station responsible for 4926 load checking green waste and food waste loads to remove large pieces of contamination 4927 before materials are sent to Agromin's permitted organic waste processing facilities listed 4928 below. The materials will be placed in a pile on the transfer station floor and are typically 4929 transferred the same day. Burrtec has an existing working relationship with Sun Valley 4930 Paper Stock for the transfer of materials for several franchised areas. There is adequate 4931 capacity to receive and transfer the materials from Santa Clarita. 4932 4933
Agromin. With the increase in organic material availability, Burrtec has partnered with 4934 Agromin, established in 1972 is a family-owned and operated company. Agromin is 4935 California’s premier organics processor and currently operates nineteen (19) organic 4936 materials processing facilities in California, with plans to develop additional locations. Each 4937 year, Agromin manages over 1.2M tons of organic waste materials through its own 4938 processing facilities and its strategic partners' facilities. With over 200 dedicated 4939 employees working within 15 counties, Agromin proudly serves more than 200 4940 communities throughout California. To date, Agromin has responsibly transformed over 8M 4941 tons of organic waste into organic products for use in agriculture, landscape, and retail 4942 markets. Agromin’s compost operation is in compliance with Article 12 Section 18993.1(f) 4943 of SB 1383 regulations. 4944
4945
Agromin Oxnard Organics Recycling Facility has been operating for two decades 4946 and has served as a research facility for covered aerated static pile (CASP) 4947 technology. Located in Oxnard, this facility accepts up to 200 tons per days of 4948 green waste, agricultural processing waste, and wood waste. Agromin Oxnard 4949 Compost Facility is permitted and has capacity to accept the Santa Clarita green 4950 waste tonnages. 4951
4952
Agromin Mountain View Organic Waste Processing Facility has a Solid Waste 4953 Facility Permit and will be operational in late 2022 before the July 1, 2023, 4954 contract date. This facility will receive and process 300 tons per day (TPD) of food 4955 FINAL AGREEMENT Page 147 of 184
materials, organic waste, and compostable fibers from the commercial solid waste 4956 collection routes. The resulting 210 TPD of slurry may be used for anaerobic 4957 digestion operations, and may eventually be processed into on-site animal food 4958 production and fertilizer. 4959
4960
Agromin Rancho Cristobal Compost Facility is expected to be permitted before 4961 July 1, 2023 and will also have available capacity for Santa Clarita green waste 4962 tons. This site will receive 200 tons per day of green waste for composting in the 4963 hills of Ventura County to produce compost for mine reclamation projects and for 4964 regenerative carbon farming by sequestering compost in the rangelands. Agromin 4965 is concurrently developing partnerships to implement carbon farming on 4966 rangeland, which can be considered for voluntary carbon offset credits. 4967 4968
2) Recyclable Material Processing 4969
4970
Rent-a-Bin cannot offer processing fees or diversion rates until permitting and construction 4971 nears completion. Burrtec has a currently working relationship with Rent-a-Bin and has 4972 frequent and regular communications regarding the current and future facility. 4973 4974
Rent-a-Bin currently accepts single-stream materials generated in the Santa Clarita Valley 4975 for transferring to off-site processors. Burrtec transfers collected materials to its Burbank 4976 Recycle Center (SWIS 19-AA-1149) located at 500 S Flower Street, Burbank, CA 91502. 4977 Until Rent-a-Bin secures permits and constructs a facility, Burrtec will continue to utilize 4978 Rent-a-Bin to transfer its recycling materials to the Burbank recycling facility. 4979 4980
d) How Recyclable Materials Will Be Marketed and Sold, Contingencies 4981 4982
Recyclable Material 4983
4984
Currently, commodity markets are relatively stable. Plastic markets now have more options 4985 to ship to domestic mills. Markets have adjusted to the elimination of China as a significant 4986 consumer of recycled materials. Quality standards remain high and challenge Material 4987 Recovery Facilities, given the contamination levels in most recyclable streams. Shipping 4988 to overseas markets can be complicated with existing trade imbalances, resulting in a lack 4989 of space on outbound ships. Recyclable materials are currently averaging an estimated 4990 $41.33 per ton in gross revenue before processing and residue charges. Burrtec continues 4991 to expand its network of international and domestic outlets and brokerage firms to increase 4992 the marketability of materials collected and diversion potential. 4993 4994
In each case markets fluctuated, Burrtec has been able to address the situation through a 4995 combination of strategies including, but not limited to, sourcing out new markets, improving 4996 processing output quality, and stockpiling material until conditions improve. Burrtec will 4997 continue to use these same strategies in the future and is capable of adding emergency 4998 storage capacity if necessary. 4999
5000
Organic Waste Material 5001
5002
Burrtec will coordinate and cooperate with the City of Santa Clarita to assist in meeting its 5003 recycled organic waste procurement targets as required by SB 1383 regulations. The 5004 following programs should all be considered: 5005
5006
Community compost giveaway events 5007
City parks landscape, medians, and turf enhancements where recycled organic 5008 products are used to minimize water usage and improve soils 5009 Compost used in stormwater detention basins to promote vegetation growth 5010 FINAL AGREEMENT Page 148 of 184
Utilizing renewable natural gas derived from organics conversion technologies 5011 as alternative fuel or electricity 5012
Burrtec can act on behalf of the City of Santa Clarita as a direct service provider 5013 to procure compost and deliver material to a network of customers in the 5014 agricultural community. 5015
5016
5. Safety 5017
5018
a. Staffing Safety Requirements 5019
5020
Burrtec's safety program is managed by its Safety Director and includes training, preventive 5021 programs, and driver pre-employment risk evaluations. New drivers undergo extensive 5022 classroom and in-cab training before being approved for solo operation. 5023 5024
Reporting to the Director of Safety, Driver Trainers coach drivers throughout the organization 5025 to reinforce safe driving and work behaviors. Driver Trainers participate in in-cab ride-a-longs 5026 with the driver, conduct field training events, hold classroom training, participate in post-incident 5027 retraining, and review data collected by the onboard truck safety systems. 5028 5029
Periodically, route supervisors will conduct route observations both in-cab and following 5030 vehicles. Route observations are meant to allow the employee an opportunity to demonstrate 5031 safe work practices, defensive driving skills, and complete a written assessment of these 5032 activities. Drivers will receive a copy of the observation and have the opportunity to provide 5033 feedback. 5034
5035
All employees participate in routine safety meetings and scheduled refresher training 5036 conducted by the company’s Safety Director, division managers, and route supervisors. 5037 5038
Safety training topics include, but are not limited to, the following: 5039 5040
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
5041
Each vehicle is equipped with a two-way radio, general safety kit, broom, shovel, spill 5042 prevention kit, and fire extinguisher. The Santa Clarita on site dispatch department serves as 5043 the center for all driver-route supervisor-customer service communications. This 5044 communication system enables the field operations staff to promptly address safety issues and 5045 FINAL AGREEMENT Page 149 of 184
service encounters such as locked gates, equipment malfunctions, or late set-outs. It also 5046 effectively advises drivers when customers are ready for collection after mitigating a non-5047 collection issue. 5048
5049
Additional employee trainings include: 5050
5051
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
5052
Burrtec continually works to update its safety program. Following are highlights of the 5053 programs, training, and recently improved systems. 5054 5055
1) Proprietary Backing Accident Prevention Program 5056 5057
The Backing Prevention Program was developed to help field trainers and supervisors 5058 teach and prevent backing accidents from occurring. This training was given to all 5059 management and drivers that operate company on-road equipment and included written 5060 performance tests. Burrtec experienced an immediate reduction in backing accidents. 5061 Today, all new drivers are taught this technique and must pass both tests before driving 5062 equipment on their own. 5063
5064
2) Supervisors Hands-On Prevention Training 5065
5066
Every quarter, the Burrtec management team receives regular safety training. Topics have 5067 included post-accident investigation techniques, interactive trainer training lessons, 5068 regulatory updates, and injury prevention subjects. New management team members also 5069 receive in-depth training in smaller class sizes. 5070 5071
3) Lytx Safety System 5072
5073
In late 2019, Burrtec began the deployment of the Lytx Safety System throughout the entire 5074 fleet. With the help of cameras, g-force sensors, and real-time artificial intelligence 5075 software, management can instantly review safety-sensitive behavior and correct it. 5076 5077
Lytx safety systems help Burrtec ensure that the fleet operates at maximum efficiency, 5078 security, and safety while keeping risks to a minimum and avoiding false claims made 5079 against drivers. Lytx safety systems work by using telematics and vehicle tracking systems 5080 like GPS to record vehicle information sent to advanced software programs that analyze 5081 the stream of data. These software programs offer reports on location, speed, idling time, 5082 mileage, and driver alerts to help Managers discover trends and insights that point to 5083 opportunities for driver efficiency improvements. 5084 5085
The term "telematics" is a combination of two areas of technology; telecommunications and 5086 informatics. Burrtec’s system is designed to send data over high-speed cellular 5087 connections. The data contains vehicle location, direction, speed, driver alerts, and 5088 recorded video. 5089
5090
The Lytx safety system has many components with specific best practice uses, such as: 5091 FINAL AGREEMENT Page 150 of 184
5092
Fleet tracking – Identify vehicle locations in real-time for safety-related issues that 5093 may arise 5094
Safety protocol – Safety Managers and route supervisors will regularly review safety 5095 procedures with drivers and operators 5096
Real-time driver alerts – The Lytx safety system will prompt drivers each time they 5097 engage in risky behaviors and encourage them to improve their performance 5098 without managerial intervention. 5099
Ongoing coaching – Safety Managers will use fleet dash cams to evaluate incidents 5100 and use the video as a coaching tool to connect with drivers 5101 Incident avoidance – Share video footage with incident claimants and local law 5102 enforcement to validate that Burrtec drivers did not cause alleged damage 5103 5104
4) Load Fire Procedures 5105
5106
Unfortunately, fires in trash trucks are a common occurrence that 5107 put lives, equipment, and community property at risk. In 2019, 5108 Burrtec augmented its load fire procedures and submitted 5109 them to the San Bernardino County Fire Chief for review and 5110 approval. Today, Burrtec’s Load Fire procedure has been 5111 adopted by the San Bernardino County Fire Department as 5112 a recommended “Best Practice in the County." 5113
5114
Burrtec’s safety records and its programs for Fall Protection, 5115 Lockout/Tagout, Heat Illness, Hearing, and Respiratory Protection have been reviewed by 5116 Cal/OSHA and found to comply. 5117
5118
b. Physical, Drug, and Alcohol Testing Requirements 5119 5120
Burrtec's Human Resources Director manages pre-employment physicals, pre-employment 5121 drug testing, and random drug testing. We use local clinics in Santa Clarita, including 5122 Concentra on Soledad. 5123
5124
Burrtec complies with the U.S. Department of Transportation and Federal Motor Carrier Safety 5125 Administration (FMCSA) requirements to test under specific criteria, including the following: 5126 5127
An accident 5128
Perform reasonable suspicion testing as required 5129 Participate in a random testing program for drugs and alcohol with DOT and non-DOT 5130 personnel who drive company vehicles or are in safety-sensitive positions 5131 5132
c. Hazardous Waste Management Protocols 5133
5134
Inadvertently collected hazardous materials are a persistent problem facing the waste industry. 5135 If hazardous waste is found, the customer is notified using a non-collection notice as an 5136 education process for the customer and a safety measure for both driver and the City of Santa 5137 Clarita. Drivers are trained in identifying, and notification procedures to avoid the unintended 5138 collection of hazardous materials including unpermitted waste and e-waste. Vehicle cameras 5139 are used to assist drivers to spot hazardous materials while tipping carts whenever possible. 5140 5141
Burrtec Waste Industries’ Drivers, Route Supervisors, and Recycling Coordinators conduct 5142 routine and periodic waste audits and inspect containers before they are serviced. 5143 5144
Burrtec has successfully implemented the following system to address the disposal of 5145 unpermitted materials: 5146
FINAL AGREEMENT Page 151 of 184
5147
Driver training on identifying hazardous materials 5148 Continual education to the customers regarding the dangers of improperly disposing of 5149 hazardous materials 5150
Non-collection notices to be attached to a customer’s container indicating that 5151 hazardous materials have been identified in the container 5152 Informing residential customers of local household hazardous waste collection events 5153 and the City’s or County’s Hazardous Waste website and phone number. 5154 www.greensantaclarita.com or 661-259-CITY 5155
Labels notifying customers of the prohibition of discarding unpermitted waste in the solid 5156 waste, recyclables, or organic waste containers 5157
5158
In the event hazardous materials are found in the waste stream, Burrtec has established the 5159 following procedures: 5160
5161
Once the driver identifies a suspected hazardous waste 5162 situation, the local route supervisor is contacted to isolate the 5163 material or load 5164
The material will be manifested and transported for proper 5165 disposal by a licensed hazardous waste hauler contracted by 5166 Burrtec. Removal of hazardous material will be in accordance 5167 with all local, state, and federal laws and regulations, including 5168 DOT Title 49 CFR and the United States EPA Title 40 CFR 5169 The local Department of Environmental Health and Director of 5170 Public Works is contacted, and steps are taken to properly clean–up and dispose of the 5171 material. 5172
Investigative efforts are made to establish the source of the material and the 5173 generator(s) involved. When sources are identified, the customer is contacted as 5174 appropriate 5175
Appropriately label containers containing unpermitted waste 5176 5177
Burrtec staff will notify the City if unpermitted waste is identified or suspected to be located on 5178 public property. 5179
5180
d. Health and Safety Management Procedures 5181
5182
Every California employer must establish, implement and maintain a written Injury and Illness 5183 Prevention (IIP) Program. The program must be available at the Santa Clarita Division, each 5184 workplace, or central location if the employer has non-fixed worksites. The requirements for 5185 establishing, implementing, and maintaining an effective written injury and illness prevention 5186 program are in Title 8 of the California Code of Regulations, Section 3203 (T8 CCR 3203). 5187 5188
Burrtec has implemented a comprehensive Injury and Illness Prevention Program (IIPP). The 5189 program is designed to "PREVENT" workplace accidents, injuries and illnesses. Burrtec's Injury 5190 and Illness Prevention Program is complete with communication protocols, training 5191 requirements, and personal protective equipment standards. Burrtec promotes the safest and 5192 healthiest working environment possible for all employees. 5193 5194
1) Communication 5195
5196
Communication is critical to ensuring a safe environment for our employees, the 5197 communities, and customers. Burrtec recognizes that open, two-way communication 5198 between management and staff on health and safety issues, service concerns, and 5199 customer feedback is essential to an injury-free, productive workplace. The following 5200 communication system is designed to facilitate a continuous flow of safety and health 5201
FINAL AGREEMENT Page 152 of 184
information between management and staff in a manner that is readily understandable and 5202 consists of the following items: 5203
5204
New hire orientation including a discussion of safety and health policies and 5205 procedures 5206
Annual review of our Injury and Illness Prevention Program 5207 Workplace safety and health training programs 5208
• Driver Training Manual 5209
• Code of Safe Work Practices 5210
• Heat Illness Prevention Plan 5211
Regularly scheduled and as required safety meetings 5212 • Specific training as required or when new hazards are identified 5213 • Weekly tailgate meetings 5214
• Monthly safety meetings 5215
Effective communication of safety and health concerns between workers and 5216 supervisors, including translation 5217
• Safety quizzes when applicable 5218
• Safety demonstrations when applicable 5219
Posted or distributed safety information and the use of appropriate signage 5220 • Employee bulletin boards 5221
• Electronic message boards 5222
• Heat illness prevention cards 5223
• Lock Out/Tag Out information cards 5224
A system for workers to inform management about workplace hazards 5225 • Open communication during tailgates, meetings, and as needed with local 5226 management 5227
• Direct contact to the Human Resources department outside of the chain of 5228 command 5229
• During periodic site visits by Human Resources representatives 5230 • Open door policy at all levels of management, including local, regional, and 5231 executive 5232
• Safety suggestion box maintained at the facility 5233 • Anonymous reporting system 5234
Program administrators and management team members meet quarterly, review 5235 investigations of accidents and exposures, consider employee suggestions, and 5236 make suggestions to executive management to prevent future incidents. 5237 • Company Safety Accident Frequency Review program 5238 5239
Management ensures that all employees communicate and understand all safety and 5240 operational policies and procedures. Managers and supervisors are expected to enforce 5241 the company policies fairly and uniformly. Burrtec ensures that effective communication by 5242 voice, observation, or electronic means is maintained so employees can contact a 5243 supervisor when necessary. Other communication systems have been implemented to 5244 ensure drivers can inform management about workplace hazards or concerns. 5245 5246
2) Training 5247
5248
Burrtec is firmly committed to maintaining a safe and healthy work environment. To achieve 5249 this goal, all newly hired employees have specific, required training that must be 5250 completed. Training is verified and approved after each training phase and before the 5251 employee is released to perform assigned job duties. Working with the Safety Team, 5252 Division Managers have sole responsibility to ensure training is completed and there is 5253 zero-tolerance for employees assigned work without the required training. 5254 5255
FINAL AGREEMENT Page 153 of 184
Burrtec intends to reduce the risk of accident and injury to anyone by providing practical 5256 employee training. It is the employee's responsibility to utilize this training and perform their 5257 job safely. The employee clearly understands that safety ALWAYS comes first and 5258 EMPLOYEES are the most valuable asset at Burrtec. Therefore, there is NEVER a good 5259 reason to take a shortcut, compromise safety, or not follow safe work practices. 5260 5261
Phase I Training - Classroom 5262
5263
Initial new hire training for all staff members centers on orientation, health & safety, 5264 and familiarization with the company and its values. Set in the classroom 5265 environment, the initial training phase allows the supervisor, human resources 5266 representative, and senior management to focus on each newly hired employee 5267 individually. Each initiative is structured to promote two-way communication and 5268 includes safety topic quizzes to ensure objectives are understood. 5269 5270
Phase II Training – Practical Application 5271
5272
Drivers undergo additional training in the field and partner with seasoned drivers 5273 or driver trainers before being released to duty. Driver-specific training establishes 5274 weekly initiatives requiring verification, review, and certification confirming that 5275 objectives and performance standards are consistent with company expectations. 5276 The employee must successfully demonstrate each learning objective and perform 5277 the skills test. Practical application reviews are also performed during 5278 unannounced route observations. 5279
5280
Minimum 50 Hour Safety Training Certification 5281
5282
Read and Understands Concepts in the Handbook 5283
Can Explain Criteria for CDL Disqualification 5284
Can Explain Company Cell Phone Policy 5285
Can Explain the Proper Use of PPE 5286
Can Explain What To Do in an Emergency, Fire, Spill, or Hazardous Waste 5287 Observation 5288
Can Explain What To Do if There is an Accident or Injury 5289 Can Explain the Use of Vehicle Safety Equipment (Lytx Safety System, 5290 Backup Alarm, Fire Extinguisher, Spill Kit, Seat Belt) 5291 5292
Minimum 100 Hour Safety Training Certification 5293
5294
Demonstrates the Proper Use and Operation of Truck Controls 5295 Demonstrates the Proper Use and Operation of Hydraulic Controls 5296 Demonstrates How to Conduct a Proper Pre / Post Trip 5297 Demonstrates How to Complete a Proper Air Brake Test 5298 Demonstrates Proper Cab Cleaning and Window Washing Requirements 5299 5300
Minimum 150 Hour Safety Training Certification 5301
5302
Demonstrates How to Drive Defensively 5303
Demonstrates Safe Backing Procedures 5304
Demonstrates How to Lock Out the Vehicle Properly 5305 Demonstrates How to Clean the Packer per Procedure Properly 5306 Demonstrates How to Service Containers Safely 5307
Demonstrates Safe Disposal Site Practices 5308
Demonstrates How to Fuel the Vehicle Safely 5309
Successfully pass the Safe Work Practices skills test. 5310 5311
FINAL AGREEMENT Page 154 of 184
Phase III Training – Release to Regular Duty 5312
5313
During the first 60 days of full duty, the new employee will receive additional 5314 training and follow-up verifying proficiency in safety policies and practices. 5315 Additional training includes but is not limited to the following: 5316 5317
Attend a minimum of two safety meetings 5318
Attend a minimum of two tailgate meetings 5319
Successfully Completing One Pre Trip Driver Route Observation 5320 Successfully Completing One On Route Driver Route Observation 5321 Successfully Completing One In-Cab Driver Route Observation 5322 Successfully Completing One Disposal Site Driver Route Observation 5323 including Packer Cleaning Procedures 5324
Successfully Completing One Post Trip Driver Route Observation 5325 5326
Burrtec drivers are assigned routes for the long-term, and they quickly become 5327 familiar with their service areas. Burrtec often works with local agencies as a 5328 ‘Neighborhood Watch on Wheels.' Burrtec drivers become another set of eyes on 5329 the lookout for suspicious activity in this program. Over the years, Burrtec drivers 5330 have initiated several suspicious activity reports to local law enforcement agencies 5331 and provided vehicle camera footage to aid investigations. 5332 5333
3) Personal Protective Equipment 5334
5335
Burrtec's supplies, uniforms, driver identification, and safety devices are all standard-5336 issued equipment. Drivers are provided brooms, shovels, and liners in addition to Personal 5337 Protective Equipment (PPE). 5338
5339
The purpose of the Personal Protective Equipment 5340
(PPE) is to minimize injury to Burrtec employees 5341
through the proper use and care of personal protective 5342 equipment while servicing each customer. Employees 5343 receive the correct PPE for their assigned job, in the 5344 right size or style, and understand its care and use. 5345 Periodic job observations identify changing needs for 5346 the use of PPE. Changes that may affect the need or 5347 use of PPE may include changes in the process, 5348
equipment, personnel, surrounding environment, and 5349 how tasks are performed. When such changes are 5350
identified, Division Management, in cooperation with 5351 the Safety Department, further assesses the need for 5352 additional or updated PPE. 5353
5354
Burrtec takes great pride in the safety and appearance 5355 of its employees. The driver's appearance is the first 5356 personal contact with customers, leaving a lasting 5357 impression. Therefore, the driver's appearance and 5358 presentation are critical in maintaining good customer 5359 relations. Burrtec provides standardized uniforms to all 5360 operations employees, including route supervisors, 5361 drivers, mechanics, and yard personnel, to assist in this 5362 effort. Burrtec contracts with a professional uniform supply company to provide all 5363 operations personnel with clean uniforms every week. Dark gray pants and a light gray 5364 shirt with high visibility safety striping characterize uniforms. Each shirt is embroidered to 5365 include the company name and employee name. Uniforms are laundered weekly and 5366 repaired or replaced as necessary to maintain a professional appearance. 5367
FINAL AGREEMENT Page 155 of 184
5368
Each Division clearly defines all areas and tasks for which PPE is required. The type of 5369 PPE required is documented for each area and task associated with PPE use. PPE must 5370 be inspected prior to and as appropriate during each use for defects such as holes, tears, 5371 scratches, signs of material deterioration, cracks, poor closure, or any other sign of 5372 degradation which may affect PPE performance. PPE with defects is immediately removed 5373 from service, replaced, or repaired. Best Management Practices for each type of PPE 5374 utilized by employees is assessed and established by the Safety department. The following 5375 requirements apply to the various types of PPE listed below. 5376 5377
Hard hats are required when employees are outside of the vehicle at all transfer stations, 5378 disposal sites, and processing facilities, as well as construction sites. 5379 Hard hats are worn in areas where falling overhead objects, material, 5380 or electrical installations could present a hazard to employees' heads. 5381 Bump caps are not authorized substitutes for hard hats. 5382 5383
Protection against impact, particles, chemical splash, molten materials, 5384 or flash is provided to employees for face, neck, and eye safeguards. 5385 Contact lenses and regular prescription glasses are not considered 5386 protective, and appropriate eye protection must be worn as required. 5387 Eye protection is worn when employees are outside the vehicle at all 5388 transfer stations, disposal sites, processing facilities, and entering any 5389 area designated for Eye Protection. 5390
5391
Hand protection must be worn when servicing containers or outside 5392 of the vehicle at all transfer stations, disposal sites, or processing 5393 facilities. A variety of gloves are available to protect the employee’s 5394 hands from abrasion, temperature extremes, chemical hazards, 5395 physical hazards, particulates, electrical hazards, radiation, or 5396 bloodborne pathogens where necessary. Gloves are correctly 5397 examined prior to each use for their ability to protect the employee 5398 against a particular hazard. 5399
5400
Each uniform contains the company and employee name for 5401 identification. High visibility (reflective) clothing is provided to 5402 employees exposed to public or private vehicular traffic or heavy 5403 equipment. The high visibility clothing is intended to provide 5404 conspicuity of the wearer in any light condition when viewed by 5405 operators of vehicles or other mechanized equipment during 5406 daylight conditions and under illumination of headlights in the dark. 5407 When the company-issued high visibility uniform shirt is covered by 5408 a non-high visibility garment (i.e., a sweatshirt or jacket), a high 5409 visibility vest is required as the outer-most garment. High visibility 5410 clothing must be worn outside the vehicle at transfer stations, 5411 disposal sites, or processing facilities. Reflective vests are provided to Santa Clarita drivers 5412 as temperatures can vary 30 to 40 degrees in a single day. The reflective vests issued fit 5413 over employee jackets to ensure visibility. 5414
FINAL AGREEMENT Page 156 of 184
5415
Foot protection with closed toes is worn in areas where objects could 5416 present a chemical or physical hazard to the foot. Any employee who 5417 spends time in areas (more than a "casual" walk-through) that require 5418 foot protection must wear safety shoes. Drivers and helpers must wear 5419 foot protection/safety shoes that have puncture-resistant soles and 5420 sturdy support for ankles. Maintenance staff must wear foot 5421 protection/safety shoes that meet the ANSI 75 Standards as approved 5422 by Cal OSHA. Foot protection must have oil-resistant soles and steel 5423 toe/tech toe. Foot protection must be worn outside the vehicle at 5424 transfer stations, disposal sites, or processing facilities. 5425 5426
During normal operations, drivers are most often exposed to noise 5427 levels below safety thresholds. Maintenance department noise 5428 exposure is considered intermittent and impulsive, which, in most 5429 cases, can be predetermined, allowing employees to take 5430 precautions prior to engaging in the action (e.g., when a shop 5431 employee engages a compressor, earplugs can be used prior to 5432 engagement). Earplugs are available and used during intermittent 5433 and impulsive noise exposures. 5434
5435
During the Santa Clarita summer it can be over 100 degrees for several 5436 consecutive days. Water is a crucial preventative measure to minimize 5437 the risk of heat-related illness. All employees working outdoors have 5438 access to potable drinking water. Suppose the supply of water to the 5439 Jobsite is not plumbed or otherwise continuously supplied. In that case, 5440 water is provided in sufficient quantity at the beginning of the work shift 5441 to ensure at least one quart per employee per hour for drinking 5442 throughout an entire shift. Santa Clarita dispatchers communicate with 5443 drivers every 2 hours to avoid heat related emergencies. 5444 5445
PPE and PPE storage bags are provided to each employee to 5446 ensure that PPE is stored and protected from factors that might 5447 degrade its performance. These factors include sunlight, heat, 5448 extreme cold, excessive moisture, chemicals, dust, and physical 5449 distortion. It is the employee's responsibility to maintain and store 5450 their PPE correctly. Replacements are provided if the PPE 5451 becomes damaged or has reached its useful life. Each PPE bag 5452 has information tags with high heat, lock out/tag out, and brake 5453 inspections reminder checklists. 5454
5455
6. Reporting 5456
5457
a. Detailed monitoring and reporting 5458
5459
Burrtec will collaborate with the City to maintain records and distribute reports required to 5460 demonstrate City and State compliance directives. Burrtec will assist the City of Santa Clarita 5461 in documenting SB 1383 and other related legislative requirements using the Recyclist 5462 platform. Burrtec's mobile Recyclist platform and database allow users to track qualified 5463 customers, edible food generators (as applicable), food recovery organizations and services, 5464 material processing waste characterizations, educational and outreach activities conducted, 5465 route audit results compiled, complaints investigated, and recycled organic material products 5466 procured. Burrtec's platform will enable the City of Santa Clarita to export information from the 5467 database into the State’s Electronic Annual Report (EAR) format, which now includes SB 1383 5468 compliance. Designated City staff will have “real-time” access to monitor activities and 5469
FINAL AGREEMENT Page 157 of 184
compliance as they occur. Reports will be transmitted to the City designee electronically as 5470 required. 5471
5472
b. Method Used to Track Tonnage 5473
5474
To supplement SB 1383 compliance monitoring and reporting requirements, Burrtec's Disposal 5475 Reporting System identifies, records, and tracks valuable solid waste, recyclables, and organic 5476 materials collection and disposal information. This Disposal Reporting System allows Burrtec 5477 to provide the jurisdictions with accurate and up-to-date information required to meet all AB 5478 939, AB 341, AB 1594, AB 1826, SB 1383 and landfill-related reporting requirements. 5479 Information submitted to the City is formatted and categorized to reflect the State's Source 5480 Reduction and Recycling Element guidelines and indicates the City's percentage of diverted 5481 materials. 5482
5483
5484 5485
c. Process for Reporting Complaints 5486
5487
Customer service representatives document complaint calls in the Customer Record 5488 Management System. Management team members review daily complaint logs ensuring 5489 appropriate resolution and follow-up. Burrtec will coordinate with the City to investigate any 5490 applicable complaints required by SB 1383 regulations. Burrtec's local management team 5491 maintains a computer database log of all applicable oral and written complaints received from 5492 customers or other persons. Complaint records will be provided to the City for periodic review 5493 as required. 5494
5495
7. Scavenging 5496
5497
Burrtec drivers are assigned routes for the long-term, and they quickly become familiar with their 5498 service areas. Burrtec often works with City staff and local agencies as a ‘Neighborhood Watch on 5499 Wheels.' Burrtec drivers become another set of eyes on the lookout for suspicious activity and 5500 scavenging in this program. Burrtec will make reasonable business efforts to discourage 5501 scavenging. Containers may be marked with language approved by the City and personnel will 5502 advise persons witnessed removing recyclable materials that their conduct is in violation of the City 5503 ordinance and can lead to penalties. Scavenging encounters will be documented and made 5504 available to the City upon request. 5505
5506
5507
5508
FINAL AGREEMENT Page 158 of 184
Exhibit 9 5509
City-Approved Processing and Disposal Facilities 5510
The City has approved the following Disposal Facilities, Organic Waste Processing Facilities, Material 5511 Recycling Facilities, and Transfer Stations to manage the specified services and otherwise assist the 5512 Contractor in the performance of the requirements of the Agreement. The Maximum Services Rates in 5513 Exhibit 1 assume all material is delivered to the approved facility. Any City-directed changes to any other 5514 non-approved facility will be considered a City-directed change in accordance with Section 30.01. The 5515 capabilities and capacities of such facilities may change during the term of this Agreement; as such City 5516 reserves the right to redirect materials to alternate facilities in accordance with any such changes. If the 5517 Contractor requests to utilize another permitted facility, it shall be done at the Contractor’s cost, unless the 5518 parameters of Article 6, section 6.07, apply. The City must receive prior notification and approve any 5519 change in facilities. 5520
Disposal Facility 5521
Approved City Facilities
SWIS
Number Site Name County
Enforcement Agency
(LEA/EA)
19-AA-0052 Chiquita Canyon Sanitary Landfill Los Angeles Los Angeles County 5522
Transfer and Processing Facilities 5523
Approved City Facilities
SWIS
Number Site Name County
Enforcement Agency
(LEA/EA)
19-AA-1095 Rent-a-Bin (Inert Type A Operation) Los Angeles Los Angeles County 19-AA-1096 Rent-a- Bin (Chip and Grind Operation) Los Angeles Los Angeles County 19-AA-1097 Rent-a-Bin (Small Vol. CDI Operation) Los Angeles Los Angeles County 19-AR-0011 Rent-A-Bin Los Angeles Los Angeles
Note: In the event that a fully permitted organics processing facility is developed at 20745 Santa Clara 5524 Street, consistent with the existing agreement between the City of Santa Clarita and RANDFAM INC. 5525 (d.b.a., Rent-a-Bin), the City reserves the right to direct the flow of organic material to this location for 5526 processing in compliance with the requirements of SB 1383. 5527 5528
FINAL AGREEMENT Page 159 of 184
Exhibit 10 5529
Sustainability and Compliance Plan 5530
1. The Burrtec Approach to Programs and Facility Requirements 5531 5532
Burrtec’s approach to diversion programs and facility development is the right fit for the City of 5533 Santa Clarita, based on knowledge and familiarity with the City’s waste stream, and guided by four 5534 principles: 5535
5536
Employ Best Management Practices 5537
Conform to State guidelines and directions 5538
Think local 5539
Partner with regulatory agencies 5540
5541
a) Best Management Practices 5542
5543
Burrtec’s approach to collecting solid waste materials, processing recyclable materials and 5544 organic materials, and disposing of non-recyclable solid waste follow the industry’s proven 5545 Best Management Practices, meaning the practices that nationwide are determined to be the 5546 most effective and the most practical from technological, economic, environmental, and 5547 sociological viewpoints. 5548
5549
From the alternatives available (multi-stream recycling, single-stream recycling, and mixed-5550 waste processing), Burrtec has invested in the Single Stream processing approach for the 5551 following reasons: 5552
5553
The single-stream approach is the industry’s and CalRecycle’s Best Management 5554 Practice 5555
Waste generators are engaged in helping reach the goal because they make decisions 5556 daily about what to recycle and what to dispose of 5557 Waste generators do not need to make the secondary sorting decisions and store the 5558 multiple containers needed for individual commodities that the multi-stream recycling 5559 approach requires 5560
Collection of single-stream materials is more efficient and economical than with the 5561 multi-stream approach 5562
The feedstock quality for materials recovered at the source is far superior to that 5563 recovered from mixed-waste processing 5564
5565
b) State Guidelines 5566
5567
Burrtec’s approach is fully compatible with statewide 75 percent diversion goals, which focus 5568 on four components: edible food recovery, source reduction, recycling, and organic waste 5569 material processing. Disposal–related activities like alternative daily cover, transformation, 5570 waste tire-derived fuel, and beneficial reuse at landfill disposal sites do not count toward the 5571 statewide recycling goal. 5572
5573
c) Think Local 5574
5575
Transporting recyclable and organic materials long distances for processing tips the 5576 greenhouse gas scale in the unfavorable direction when the GHGs of long-haul transportation 5577 are included in the formula. For this reason, Burrtec has focused its efforts on facilities such 5578 as Rent-a-Bin located in and near the Santa Clarita Valley communities that it serves. 5579 5580
FINAL AGREEMENT Page 160 of 184
d) Partnership; Standards Development and Education 5581 5582
Burrtec contributes to defining Best Management Practices for Southern California by being 5583 actively involved with State and Regional government. 5584 5585
CalRecycle, San Bernardino and Riverside Counties’ Local Enforcement Agencies and 5586 local jurisdictions regularly use Burrtec’s West Valley Material Recovery Facility for 5587 training workshops and public education purposes 5588
Burrtec has hosted an SCAQMD study of air emissions at its West Valley MRF 5589 composting facility for the purpose of developing compost facility air quality standards 5590 CalRecycle features Burrtec’s SB 1383 Municipal Program Overview as an educational 5591 tool on their SB 1383 Short-Lived Climate Pollutant website. 5592 https://www.calrecycle.ca.gov/Organics/SLCP/education 5593 5594
Burrtec senior management are actively engaged with Local Enforcement Agencies and 5595 CalRecycle in the development of regulatory standards for siting, permitting, and operating 5596 organics processing facilities. 5597
5598
2. Meeting Diversion Requirements 5599
5600
The planned three container residential and three-plus container commercial source-separated 5601 diversion programs will be new to some residents and businesses of Santa Clarita. Consequently, 5602 it will take them some time to develop new habits. The SB 1383 added requirement for residential, 5603 mixed organic waste recycling places responsibilities upon jurisdictions to enforce compliance. 5604 Local enforcement of the adopted ordinances will be critical to the success of diversion programs. 5605 Burrtec will begin outreach and waste assessments with commercial and residential customers well 5606 before the Franchise Agreement start date. Per the draft Franchise Agreement for solid waste 5607 collected in the City of Santa Clarita, Burrtec proposes achieving the recycling requirements 5608 outlined in the Agreement. However, Burrtec proposes an alternative diversion calculation 5609 methodology that assures consistency with current and future CalRecycle requirements as further 5610 explained in the exceptions section. 5611
5612
For Agreement Years 2023 and 2024, the minimum annual Franchised Diversion Rate requirement 5613 will be forty percent (40%), and CalRecycle Diversion standards will be fifty-five percent (55%). 5614 5615
For Agreement Years 2025 and 2026, the minimum annual Franchised Diversion Rate requirement 5616 will be forty-five percent (45%), and CalRecycle Diversion standards will be sixty percent (60%). 5617 5618
For Agreement Years 2027 and 2028, the minimum annual Franchised Diversion rate requirement 5619 will be fifty percent (50%), and CalRecycle Diversion standards will be sixty-five percent (65%). 5620 5621
FINAL AGREEMENT Page 161 of 184
For Agreement Years 2029 and 2030 and each Calendar Year thereafter, during the Agreement 5622 term, the minimum annual Franchised Diversion rate will be fifty-five percent (55%), and 5623 CalRecycle Diversion standards will be seventy percent (70%). 5624 5625
For Agreement Years 2031 and each Calendar Year thereafter, during the Agreement term, the 5626 minimum annual Franchised Diversion rate will be sixty percent (60%), and CalRecycle Diversion 5627 standards will be seventy-five percent (75%). 5628
5629
Burrtec’s proposed Diversion Plan is contingent upon each of the following: 5630 5631
• During the entire term of the Agreement, the City shall employ good faith efforts in 5632 performing AB 341, AB 1826, and SB 1383 compliance enforcement 5633 • Burrtec shall be allowed to count Self-Haul and Third-Party tonnage diverted as part of the 5634 Franchised Diversion Rate Calculation for tons of material handled in a manner that counts 5635 as diversion from all accounts receiving refuse collection service from Burrtec as outlined 5636 the Draft Agreement 5637
• Burrtec shall be allowed to count the City of Santa Clarita’s edible food tonnage diverted as 5638 part of the Franchised Diversion Rate Calculation for tons of material handled in a manner 5639 that counts as diversion from all accounts receiving refuse collection service from Burrtec 5640 5641
3. Diversion Programs 5642
5643
Burrtec has always been at the forefront of material processing and landfill diversion efforts. We 5644 take pride in our environmental stewardship and in partnering with our customers and 5645 communities to achieve sustainability goals. 5646
5647
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 162 of 184
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
5648
4. Diversion Facilities 5649
5650
a. Rent-a-Bin (Conservation Station) 5651
20745 Santa Clara Street, Santa Clarita, CA 91766 5652
Owner/Operator: Randfam, Inc. 5653
5654
Burrtec will eventually deliver blue cart recycling and green cart organics, per the City’s request, 5655 to Rent-a-Bin (tpd to be determined) processing facility. Until the permitting and construction 5656 has been completed, Burrtec will utilize Sun Valley Paper Stock. 5657 5658
b. Sun Valley Paper Stock 5659
8701 San Fernando Road, Sun Valley, CA 91352 5660
Owner/Operator: Sun Valley Paper Stock TS and MRF 5661 5662
5663
5664
Burrtec will deliver green container organic source-separated material to the 1250 tpd Sun 5665 Valley Paper Stock Large Volume Transfer Station. SVPS will be used as a contingency for 5666 organic waste material transfer during construction and permitting at the Rent-a-Bin facility. 5667 5668
FINAL AGREEMENT Page 163 of 184
5. Program Schedule 5669
5670
With the approval of the City, Burrtec will do the following prior to the actual Franchise Agreement 5671 start date: 5672
5673
Inform and educate customers on the full range of all services offered, including container 5674 exchange and cleaning, annual events schedule, and container utilization protocols 5675 Advise customers on selecting container sizes to maximize diversion and the potential 5676 cost benefits of increased diversion 5677
Education requirements established in SB 1383 regulations not already completed by the 5678 City 5679
Provide customers with a comprehensive list of acceptable and non-acceptable items for 5680 each container 5681
Recyclable Materials include but are not limited to: 5682 5683
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
5684
Organic Materials include but are not limited to: 5685 5686
Fruits
Vegetables
Cooked meats
-Beef
-Pork
-Poultry
-Seafood
-Shellfish
Bones
Rice
Beans
Pasta
Bread
Cheese
Eggs 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
5687
While program implementation, education, and outreach efforts work simultaneously throughout 5688 the year, key tasks for the first year of service will be realized in the quarters below. 5689 5690
5691
5692
FINAL AGREEMENT Page 164 of 184
a. First Quarter 5693
5694
Begin meetings with key City staff monthly to review, at a minimum, program 5695 performance, current and anticipated activities, specific outreach performed to promote 5696 high participation in diversion programs, the ability for customers to change service 5697 levels, awareness of additional services, approve methods to monitor contamination, and 5698 customer messaging on diversion programs 5699
Educate City staff and customers on relevant legislative requirements and provide 5700 recommendations to City facilities on increasing recycling participation and decreasing 5701 contamination 5702
Develop and distribute public education and outreach material for all customers 5703 Sustainability/compliance representative(s) begin site visits and provide public education 5704 and outreach to customers supporting diversion requirements 5705 5706
b. Second Quarter 5707
5708
Waste evaluations and route reviews for customers and at City facilities 5709 Educate City staff on proper container utilization techniques, source reduction, and 5710 prohibiting contamination 5711
Collaborate with education agencies on Earth Day activities, legislative requirements, 5712 container utilization techniques, and prohibiting contaminants 5713 5714
c. Third Quarter 5715
5716
Focus on right-sizing container services at businesses and multi-family facilities based 5717 on a compliance review and results from route reviews conducted 5718 Provide the City with Burrtec’s Sustainability and Compliance plan for the upcoming year 5719 detailing measures intended to increase participation and diversion, target “problem” 5720 areas, and outline planned education and outreach activities 5721 Implement the school education and outreach program at the start of the fall semester. 5722 The program will include but is not limited to school resources, kid's activities, flyers, and 5723 onsite outreach. School programs are tailored to the appropriate education level and the 5724 audience receiving the information 5725
Annual reporting compilation and submittal 5726
5727
d. Fourth Quarter 5728
5729
Tier 2 customer identification, education, and outreach activities in preparation of edible 5730 food recovery expansion of generators set to begin in 2024 5731 Holiday messaging and collection activities 5732
Compliance monitoring plan for the upcoming year, including onsite training for service 5733 recipients 5734
Annual services notice informative brochure development in preparation for annual 5735 distribution 5736
5737
Subsequent years will follow similar formats and will include implementing targeted program 5738 changes, education, and outreach efforts tailored to support diversion requirements based on the 5739 results found in the fieldwork completed. Program modifications and additional education and 5740 outreach activities will first be approved by the City prior to implementation and conform to SB 1383 5741 regulation requirements. 5742
5743
Understanding that a full complement of on-going education, outreach, and evaluation activities will 5744 be required to achieve the diversion goals outlined in the RFP. The diversion plan schedule below 5745 identifies key milestones completed annually that will support Burrtec’s efforts in attaining the City’s 5746 FINAL AGREEMENT Page 165 of 184
waste diversion goals. Significant attention to potential additional program development and 5747 outreach may be necessary to reach the Franchised Diversion Rate of 60% by 2031. 5748 5749
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 166 of 184
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%
5750
6. Estimated Tonnages 5751
5752
The below table segregated by SFD, MFD, Commercial, and Additional Services estimates 5753 tonnages for Recyclable and Organic Material delivered and processed, and the estimated residual 5754 tonnages for each agreement year to calculate the Franchise Diversion Rate beginning July 1, 5755 2023: 5756
5757
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%
5758
7. Contamination Minimization 5759
5760
Contamination of recycling and organic containers negatively impacts the entire recycling system. 5761 The container contamination minimization program is a vital component directly influencing 5762 processing and residue disposal costs. Burrtec will include education pieces aimed at minimizing 5763 contamination in the outreach program. The results of the waste audits and ongoing compliance 5764 reports will be provided to the City and consist of the following elements: 5765 5766
a. Compliance Review 5767
5768
A desktop audit of generators with more than two (2) cubic yards of total solid waste per week 5769 will be scheduled and completed annually. The audit will determine the generator's 5770 participation status in organic waste recycling programs and allow focused education and 5771 outreach efforts toward entities not subscribed to appropriate service levels. 5772 5773
b. Contamination Monitoring Plan 5774
5775
Burrtec has developed a comprehensive plan to adhere to the requirements outlined in SB 5776 1383. This plan utilizes trained Burrtec professionals who are experienced with equipment in 5777 the field, auditing multiple jurisdictions, and familiar with our work order system and the 5778 processes required to resolve exceptions noted while working to accomplish the goals outlined 5779 in the Agreement. Burrtec will conduct onsite waste audits and provide written summary 5780 FINAL AGREEMENT Page 167 of 184
reports for all service recipients at least once per year for the first three (3) years of the term. 5781 Thereafter, onsite waste audits will be conducted on a minimum of fifty percent (50%) of 5782 commercial service recipients, with the primary focus on those service recipients with the 5783 lowest program participation or diversion. 5784
5785
c. Route Reviews 5786
5787
Targeted route reviews will be conducted over multiple weeks to support drivers' daily 5788 contamination monitoring activities with multiple personnel. This will allow our auditors to 5789 physically observe required commercial customer's recycling and organic waste containers 5790 annually. Each auditor will undergo a series of training activities in preparation for the route 5791 review. These training activities will include a review of containers utilized, familiarization with 5792 route maps and franchise boundaries, a review of acceptable and unacceptable materials for 5793 each type of container, and training on recording data in the field. Members of the management 5794 team will conduct practice audits, data processing, and contamination noticing for exceptions 5795 identified prior to auditors being deployed in the field to ensure a successful, accurate, and 5796 timely route review. 5797
5798
d. Waste Evaluations 5799
5800
Mindful of the initial impact of residents witnessing auditors evaluate their containers for 5801 prohibited contaminants curbside, Burrtec proposes initially utilizing waste evaluation 5802 processes authorized by SB 1383 for residential sectors. Each evaluation will undergo a series 5803 of sample collections based on the size of the route studied. Contamination data discovered 5804 during the evaluation is documented and photographed. Contamination notices are sent to the 5805 entire route studied, identifying prohibited container contaminates discovered, reminding 5806 residents of proper container utilization techniques, and providing additional information on 5807 source reduction techniques. Drivers witnessing gross contamination or unpermitted waste will 5808 still follow contamination-noticing protocols during the waste evaluation process. Targeted 5809 route reviews follow for areas found to be over allowable contamination standards. 5810 5811
e. Contamination Noticing and Adequate Service Levels 5812 5813
Auditors and drivers will be equipped with technological aids to document observations in real-5814 time while on the route and minimize data transfer errors. Each auditor will follow route lists 5815 designed explicitly for this project, which will detail customer account information in such a way 5816 as to allow auditors to capture multiple material commodities in a single visit to the customer's 5817 location on a scheduled service day. The Recycling containers shall be considered 5818 contaminated if it contains more than 10% percent Non-Recyclable material by weight or 5819 volume. The Organic Waste containers shall be considered contaminated if it contains more 5820 than 3% percent Non-Organic Waste material by weight or volume. Initial contamination 5821 percentages were consistent with requirements outlined in SB 1383 for diversion of recyclables 5822 and incompatible materials respectively and subject to more stringent standards should route 5823 review results dictate. 5824
5825
Completed audited data is downloaded nightly and reviewed by the management team. An 5826 exception list for customers with inadequate service levels will be generated from the data. It 5827 will be provided to applicable personnel to process and coordinate follow-up onsite 5828 consultations. Container exception-based work orders for identified damage or graffiti will be 5829 created for the operations team to remedy timely or on a customer’s future service day based 5830 on the auditor’s findings. 5831
5832
Findings of container contaminants greater than the percentage of the container contents 5833 allowed will initially result in a "tag" or warning placed on the container, and the generator will 5834 be provided with educational materials detailing material placement expectations and 5835 FINAL AGREEMENT Page 168 of 184
directions outlining how to remedy the conditions found by the driver or auditor. A progressive 5836 list of warnings may be used as follows: 5837
5838
All Single Family, Multifamily, Mixed Use and Commercial Recipients 5839 5840
1st & 2nd Incident Within One Calendar Year - Upon finding container contaminants, the driver 5841 or auditor may photograph contamination. A written notice will be provided to the customer, 5842 including properly separating materials left on the container. A secondary notice will be 5843 provided through direct contact, mailed, or electronically sent. Secondary notifications will 5844 indicate contamination fees assessed for the third and subsequent notifications, and that cart 5845 sizes and quantities may be adjusted. Documentation of contamination occurrences will be 5846 digitally maintained. 5847
5848
3rd or Subsequent Incident Within One Calendar Year- Notifications will be considered 5849 Contamination Violation Notices and include digital documentation. Burrtec will provide a 5850 written notice, including photographs, collect the contaminated container, and charge the 5851 customer a contamination fee. The City will be notified within five business days if container 5852 sizes are increased or the customer has a contamination surcharge imposed. 5853 5854
f. Route Reviews & Waste Evaluations 5855
5856
Burrtec will conduct annual route reviews of commercial businesses and waste evaluations for 5857 residential customers to verify commercial and residential generators' compliance with organic 5858 waste generator requirements outlined in the Contamination Monitoring Plan section. Burrtec 5859 will ideally follow the standard three and four container route review and waste evaluation audit 5860 process shown below; however, an overview of SB 1383 requirements for each type of 5861 container system is located on the following page for reference. 5862 5863
5864 5865
FINAL AGREEMENT Page 169 of 184
5866 5867
g. Route Review Efficiency 5868
5869
Where possible and as approved by the City, Burrtec will attempt to reduce cost impacts and 5870 minimize additional labor necessary to comply with contamination monitoring requirements. 5871 Operational activities will be customized to facilitate regulatory review requirements by 5872 capitalizing on existing programs and Burrtec's material recovery facilities. 5873 5874
8. Air Emission Reduction 5875
5876
Organic waste diversion offers many environmental benefits. Burrtec facility's organic 5877 management program is designed to utilize the most effective technologies to reduce greenhouse 5878 gas emissions, generate renewable energy, and reduce the use of chemical fertilizers in agriculture. 5879 Burrtec has fully embraced SB 1383's intention to mitigate the effects of climate change by 5880 producing high-quality soil amendments for agriculture and farming as well as organic slurries used 5881 in anaerobic digesters. 5882
5883
The Burrtec West Valley Material Recovery Facility compost operation uses covered aerated static 5884 piles to aerobically decompose organics into useable compost, significantly reducing odors, bio-5885 aerosols, and particulate matter emissions. The incoming feedstock of green and food material is 5886 received, contamination removed, and material ground in the receiving area. The mixture is piled 5887 into windrows and covered atop a controlled aerated system. Temperature and oxygen probes 5888 monitor the decomposition process as air is blown through the composting pile and passes a bio-5889 filter. Once the retention time in the system has passed, and pathogen reduction requirements 5890 consistent with 14 CCR 17868.3 met, the material is moved to open curing piles for 30 to 60 days 5891 prior to shipment. 5892
5893
FINAL AGREEMENT Page 170 of 184
5894 5895
9. Reducing Wear and Tear on City Streets 5896
5897
Appropriately sized enclosures, containers, and service frequency assist in maximizing collection 5898 efficiency, driver safety, and reducing wear and tear on City streets by limiting the number of times 5899 vehicles enter the premises each week. Coupled with the Lytx Safety System and GPS technology, 5900 the number of vehicles and routes required for service is significantly reduced, eliminating 5901 unnecessary wear and tear on City streets. The routing optimization plan will also reduce wear 5902 and tear on the City’s streets by maximizing collection times during non-peak traffic. 5903 5904
10. Environmental Stewardship 5905
5906
Burrtec continues developing and implementing programs at its facilities with positive 5907 environmental impacts. 5908
5909
a. Water and Power Conservation 5910
5911
• Vehicles operating under compressed natural gas (CNG) fuel systems are powered by 5912 renewable natural gas (RNG) produced at dairies and landfills. This process reduces the 5913 demand for natural resources and reuses organic waste to power the collection fleet 5914 • Burrtec has installed four (4) compressed natural gas and three (3) liquefied natural gas 5915 systems to fuel alternative-powered vehicles at hauling divisions. One such compressed 5916 natural gas fueling station is located in the City of Santa Clarita at Burrtec’s local hauling 5917 facility. Onsite fueling limits wear and tear on City streets, reduces driver hours, and 5918 minimizes lines at fueling stations for the public 5919 • Onsite time-fill RNG fuel stations allow a fleet to fill overnight during off-peak hours. Off-5920 peak hours are times when the energy grid has excess electrical generation. Time-fill 5921 increases the efficiency of refueling. In addition, time-fill stations ensure that compressors 5922 only start and stop one time per day, reducing maintenance and extending the life of the 5923 equipment 5924
• A percentage of Burrtec’s collected organic waste is converted to renewable natural gas 5925 by anaerobic digestion processes at the Los Angeles Sanitation District, San Bernardino 5926 BioDigester, and the City of Riverside Water Quality Control Plant. Burrtec intends to 5927 utilize renewable natural gas to fuel collection vehicles operating throughout Los Angeles 5928 and San Bernardino Counties 5929
• Burrtec’s network of organic waste processing facilities recover wood and brushy green 5930 waste for use as a renewable biomass fuel. This material is used as a fuel source for 5931 energy generation. This “green” fuel is burned in boilers to make steam that in turn powers 5932 a turbine to generate electricity. Burrtec’s network supplies regional local manufacturing 5933 operations with this biomass fuel based on their operational needs 5934 • Wood chips from Burrtec’s organic waste processing operations are used to enhance 5935 water reduction and conservation. In addition, processed organic materials are also used 5936 for erosion control which assists stormwater pollution prevention best management 5937 practices 5938
• Native drought tolerant plants and automated sprinkler systems are installed at Burrtec 5939 facilities 5940
FINAL AGREEMENT Page 171 of 184
• Facilities utilize energy-efficient lighting in offices, shop, and general work areas when 5941 possible 5942
• Lighting controls in parking lots and common areas are automated via a timer system and 5943 adjusted as needed 5944
• In order to conserve electricity, most offices have motion sensors to turn lights off when 5945 offices are unoccupied 5946
5947
b. Waste Reduction and Reuse 5948
5949
• Mattress recycling is not a BLUE container program but nonetheless is a vital diversion 5950 opportunity worthy of mention. Burrtec participates in California's mattress stewardship 5951 program in which the sale of each mattress includes a fee to support mattress recycling 5952 • Commonly referred to as Styrofoam, white expanded polystyrene foam (“EPS”) is used in 5953 clamshell-type food containers, coffee cups, and packaging material in the form of sheets, 5954 blocks, and 'peanuts'. These items may be identified by the #6 recycling symbol. Burrtec 5955 uses a densifier to consolidate polystyrene foam efficiently. In the process, the foam is 5956 crushed and shredded into small particles that are thermochemically heated and extruded 5957 into dense ingots 1/90th their original volume. The palletized polystyrene ingots are 5958 shipped to businesses in California that remanufacture the foam into a variety of consumer 5959 goods ranging from picture frames to green building materials and nursery plant 5960 containers. 5961
• Waste to energy conversion technologies are utilized to further divert material from the 5962 landfill and to produce useful energy that is delivered to the regional power supply 5963 network. Residue materials from the recyclable materials processed are transported to 5964 fully permitted waste to energy facilities. The conversion/transformation credit ranges 5965 from 70% to 90% diversion with recent averages closer to 80%. Additionally, the ash from 5966 the incineration process is used to generate road base material for use in constructing 5967 landfill roads 5968
• Food waste recycling programs are in place in employee kitchen areas where regional 5969 organics processing outlets are available 5970
• Burrtec's management team members meet to review company sustainability programs, 5971 evaluate the performance of their employee's participation in programs, and develop new 5972 programs. 5973
• Facility commingled recycling program. All offices utilize a two-bin system for recyclable 5974 and non-recyclable materials. All recyclables are recovered and recycled 5975 • The Company provides reusable drinking cups 5976
• Replaced individual drinking water bottles with water dispensing systems 5977 5978
c. Procurement 5979
5980
• Procurement of waste and recycling office containers, office supplies, promotional items, 5981 etc., is based partly on recycled content 5982
• Ink cartridges are returned to manufacture for recycling 5983 • All damaged automated carts are recycled, and all-new cart purchases have recycled 5984 content 5985
• Procurement of compost or mulch materials in sufficient quantities to assist the City in 5986 meeting SB 1383 requirements. Mulch delivery can be provided in lieu of compost if the 5987 City has an enforceable mechanism or ordinance in place per 14 CCR 18993.1(f) ensuring 5988 proper renewable organic recovery requirements are met. This program will further 5989 promote viable alternatives as best use options for processed green waste and organic 5990 materials 5991
5992
d. Other 5993
5994
• Burrtec has developed a vehicle maintenance program that maximizes the efficiency of 5995 our fleet and minimizes our environmental impact. Using Amsoil synthetic lubricants and 5996 FINAL AGREEMENT Page 172 of 184
high-efficiency filtration products, we have reduced our fleet’s oil consumption by over 5997 60% and our lubricants by more than 50%. Benefits of Amsoil include 5998 Reduced emissions 5999
Increased fuel efficiency 6000
Longer lasting fleet 6001
Reduced dependence on foreign oil and petroleum-based products 6002 • Used oils, fluids, and filters from all vehicles are collected and processed for reuse 6003 • Tire recycling program. Worn tires are inspected for DOT compliance and re-treaded, 6004 when possible, to reduce the use of virgin materials 6005 • E-waste and Battery recycling programs are in place at Burrtec facilities and offices 6006 • Metal scrap from maintenance shop truck body repairs is recycled 6007 6008
These practices will continue with implementing the exclusive franchise agreements awarded 6009 by the City of Santa Clarita. New and/or updated practices will be incorporated into our 6010 operations as program alternatives become practical. 6011 6012
11. Use of Local Vendors 6013
6014
In addition to the City resources required to operate Burrtec’s Santa Clarita Hauling Division located 6015 at 26000 Springbrook Avenue #101, Burrtec utilizes the following local vendors: 6016 6017
Truck and equipment related vendors such as truck repair, electrical, plumbing, pest control, 6018 & vehicle washing 6019
Firms such as legal counsel, public relations, media advertising 6020 Landfill - Chiquita Canyon 6021
Recycling Processor - Rent-a-Bin 6022
Participation in the Santa Clarita Valley Chamber of Commerce, VIA and KHTS activities 6023 6024
Nearly 15% of the employees working in the Santa Clarita Hauling Division call the City of Santa 6025 Clarita home, including its division manager. Santa Clarita residents' use of local vendors, in 6026 addition to the fifty-five (55+) employees currently working daily at the Santa Clarita Hauling 6027 division, for nearly two decades, make it difficult to quantify but an essential part of the City's local 6028 economy. 6029
6030
12. Innovative “Green Approach” 6031
6032
a. Electric Collection Vehicle Technology 6033
6034
Burrtec is pleased to offer an electric-powered collection vehicle for full-time operation in the 6035 City of Santa Clarita to demonstrate the next generation of cleaner collection vehicles. This 6036 enhancement comes at no additional cost to ratepayers or the City. 6037 6038
Burrtec has been closely following the development of electric-powered collection vehicles and 6039 has concluded that the technology is 'route-ready' under the right circumstances. Electric-6040 powered trucks will provide cleaner, healthier air will be quieter in neighborhoods, and power 6041 requirements will be met partly from renewable resources (estimated at 30+% and increasing 6042 each year). 6043
6044
Burrtec has ordered six electric-powered collection vehicles from Autocar for delivery in 2022. 6045 The Autocar ACX chassis will be powered by BLUE Horizon 14Xe ePowertrain supplied by 6046 Meritor, Inc. from its North Carolina production facilities. 6047 FINAL AGREEMENT Page 173 of 184
6048
Burrtec will commit one of these new EVs full-6049
time to a Santa Clarita residential recycling route 6050 to demonstrate to the residents and businesses 6051
of Santa Clarita that the City and Burrtec are 6052
committed to enhancing our environment. 6053
Schematic Drawing of BLUE Horizon 14Xe 6054
ePowertrain by Meritor, Inc. 6055
b. Innovative Facilities 6056
6057
Burrtec takes great pride in knowing we have the resources to meet the individual needs of the 6058 customers and the communities we serve. Our experience and knowledge will be used to 6059 successfully execute the contract requirements for the City of Santa Clarita. 6060 6061
The implementation of the state’s organic waste reduction regulations adopted under Senate 6062 Bill 1383 (Short Lived Climate Pollutants) is the next critical step to protect our communities 6063 and our environment from the impacts of climate change. In order to keep pace with California’s 6064 SB 1383 statewide goal of 75% reduction of organics disposed of in landfills, the jurisdictions 6065 serviced by Burrtec must divert an estimated 670,000 new tons of organic material each year 6066 by 2025. Targeting methane reduction in emissions in landfilled organics is an effective 6067 mechanism for combating climate change and moving toward a more sustainable future in each 6068 facility Burrtec owns and operates. 6069
6070
A brief description of our facilities, capabilities, and innovations to support SB 1383 6071 requirements are included below: 6072
6073
1) Organic Waste Facility Network 6074
6075
Composting is nature's way of recycling. Burrtec's four compost facilities receive yard 6076 waste and food waste that is broken down to become food for plants. Through composting, 6077 the amount of refuse sent to the landfill is reduced, the organic matter is reused rather than 6078 disposed of, and recycled into a valuable soil amendment. By composting, the generation 6079 of greenhouse gases, mainly methane, is significantly reduced. In addition to emission 6080 reduction, compost replenishes and revitalizes exhausted farm soils by replacing trace 6081 minerals and organic material, reduces soil erosion, and helps prevent stormwater runoff. 6082 6083
Brief descriptions of each facility follow. 6084
6085
West Valley Material Recovery Facility 6086
Burrtec's premier facility, the West Valley Material Recovery Facility, is located in the San 6087 Bernardino West Valley Region of Fontana. The West Valley facility is a 7,500-ton per day 6088 large volume transfer and processing facility handling mixed recyclables, wood waste, 6089 organic waste (green waste and food waste), metals, and construction/demolition/inert 6090 materials (CalRecycle SWIS No. 36-AA-0341). 6091
6092
Victor Valley Material Recovery Facility 6093
Located at 17000 Abby Lane, Victorville, Victor Valley MRF is a 985-ton per day large 6094 volume transfer/processing facility with an active 100-ton per day food waste composting 6095 facility and a planned permitted 150-ton per day medium volume 6096 construction/demolition/inert material processing facility (CalRecycle SWIS No. 36-AA-6097
FINAL AGREEMENT Page 174 of 184
0346). Burrtec operates this facility through a long-term agreement with the High Desert 6098 Joint Powers Authority. 6099
6100
Edom Hill Compost Facility 6101
Located in Cathedral City at the Edom Hill Transfer Station site, the Edom Hill Compost 6102 Facility is a new 500-ton per day compost facility permitted processing source-separated 6103 food waste and mixed organic waste into compost (CalRecycle SWIS No. 33-AA-0376). 6104 6105
Coachella Valley Compost Facility 6106
Located in Coachella, Coachella Valley Compost is a 985-ton per day composting facility 6107 processing wood waste, biosolids, manure, liquid waste, green materials, food wastes, and 6108 construction/demolition material (CalRecycle SWIS No. 33-AA-0292). 6109 6110
2) State of the Art Facilities 6111
6112
Agua Mansa Material Recovery Facility 6113
Located in Jurupa Valley, Agua Mansa is a 4,000-ton per day large volume transfer and 6114 processing facility handling mixed recyclables, wood waste, metals, inert material, green 6115 waste, construction & demolition waste and a mixed organics in-vessel composting facility 6116 (CalRecycle SWIS No. 33-AA-0248). In addition to the composting operations, the Agua 6117 Mansa Facility has recently undergone significant sort line improvements, including 6118 robotics. Agua Mansa offers transfer capability for residuals and non-recoverable solid 6119 waste. 6120
6121
3) Anaerobic Digesters 6122
Burrtec's sister company, EDCO, is near full 6123
operation of the first fully permitted state-of-the-art, 6124 advanced technology Anaerobic Digestion (AD) 6125
Facility in San Diego County. Anaerobic digestion is 6126 an efficient and environmentally sustainable 6127
technology that can significantly contribute to 6128
managing organic waste in California and can power 6129 a fleet of trucks with Renewable Natural Gas (RNG). 6130 6131
c. Strategic Partnerships 6132
6133
Burrtec has partnered with Agromin. Established in 1972, Agromin manages over 1.2M tons 6134 annually of organic waste materials through its processing facilities and strategic partners' 6135 facilities. 6136
6137
Although Burrtec is planning on utilizing Rent-a-Bin for Santa Clarita, Burrtec’s network of 6138 organic waste processing strategic partners are working in collaboration toward establishing a 6139 network of facilities and processing centers specifically designed to achieve the state mandated 6140 requirements, sequester carbon in the soil, and reduce harmful greenhouse gas (GHG) 6141 emissions as illustrated in the High Diversion Organic Waste Processing flow chart below: 6142
FINAL AGREEMENT Page 175 of 184
6143
6144
Future High Diversion Organic Waste Processing Facilities will house many technologies to 6145 prepare feedstock from single family, multi-family and commercial municipal solid waste. 6146 Should the three-container system alone not achieve the 75% diversion rate, facilities must add 6147 additional technologies to capture unrecovered organics and recyclables from the municipal 6148 solid waste stream to eventually reach 75% diversion. Burrtec with Agromin is endeavoring to 6149 surpass state mandates and help develop facilities so that communities can achieve the 6150 benefits of a zero-waste infrastructure. 6151
6152
d. Supplier Partnerships 6153
6154
Rehrig Pacific pioneered a previously impossible process to manufacture carts out of an 6155 unprecedented 40% recycled material without sacrificing strength or curb appeal. The High-6156 Density Polyethylene (HDPE) resin that Rehrig Pacific uses in its carts makes them 100% 6157 recyclable. This allows our cart manufacturer to create a closed-loop system reclaiming and 6158 recycling broken carts for reuse in new products at the end of life. Rehrig Pacific also has a 6159 best-in-class R&D lab leading the way in evaluating non-traditional plastics sources, from bulky 6160 rigid plastic-like patio chairs and laundry hampers to materials like ocean waste and discarded 6161 rope. With seven manufacturing sites across the United States, Rehrig Pacific has a strategic 6162 national footprint that allows for timely production and delivery of new cart orders and lower 6163 freight costs. 6164
6165
FINAL AGREEMENT Page 176 of 184
Rehrig Pacific uses 60 million pounds of recycled post-consumer plastic diverted from the 6166 waste stream each year. Rehrig’s latest innovation 6167 includes the development of an innovative new solution 6168 in diverting and utilizing ocean-bound plastics. The 6169 OceanCore recycling cart is the first rollout cart made 6170 with ocean-bound plastics. OceanCore results from 6171 Rehrig Pacific’s unique manufacturing expertise and a 6172 first-of-its-kind process that allows Rehrig to combine 6173 virgin plastic with unmatched volumes of recycled 6174
material. The result is a product that contains more 6175 recycled material than previously thought possible 6176 without compromising the structural integrity or 6177
appearance of the final product. 6178
6179
13. Procurement 6180
Burrtec offers an initial allocation of compost and mulch in tonnage amounts necessary to achieve 6181 30% of jurisdictional procurement requirements. The following programs should all be considered: 6182 6183
Community compost giveaway events 6184
City parks landscape, medians, and turf enhancements where recycled organic products are used to 6185 minimize water usage and improve soils 6186
Compost used in stormwater detention basins to promote vegetation growth 6187 New construction and landscaping projects to meet Water Efficient Landscape requirements for 6188 compost and mulch application 6189
6190
Through a direct service provider agreement, Burrtec will act as a broker on behalf of the City to help 6191 meet procurement targets outside of jurisdictional boundaries. 6192 6193
Future considerations include utilization of renewable natural gas to fuel collection vehicles that will 6194 aid the City in achieving the procurement obligations when reliable volumes of CNG transportation 6195 fuel become available. 6196
FINAL AGREEMENT Page 177 of 184
Exhibit 11 6197
Outreach and Education Plan 6198
1. Prior to Service Start Activities 6199
6200
Outreach describes the ways in which we communicate with our customers. 6201 6202
Update Burrtec Santa Clarita Website. Immediately following the execution of the 6203 agreement, the Santa Clarita Burrtec website will be updated to provide our new Santa 6204 Clarita customers with full information about Burrtec services, programs and events 6205 Acceptable Material Labels. During the container assembly procedure, labels identifying 6206 acceptable materials will be affixed to every container (carts and bins) used for collecting 6207 Trash, Recyclable Materials and Organic Material 6208
Residential Service Brochure. Burrtec will distribute a bi-lingual service brochure to each 6209 residential dwelling receiving individual collection to introduce them to services and promote 6210 recycling and organic material diversion 6211
Community Associations. Burrtec will initiate contact with individual community associations 6212 recommended by the City for purposes of holding informational meetings with residents and 6213 businesses to discuss the transition of services prior to the service start date 6214 SCV Chamber of Commerce Presentations. Burrtec will conduct a SCV Chamber of 6215 Commerce board of directors briefing on the transition and briefings at one or more 6216 Chamber events 6217
Community Meetings. Burrtec will conduct noticed community meetings for purposes of 6218 outlining services and answering questions from residents and businesses 6219 Media Advertising. Burrtec will publish print media advertisements utilizing KHTS, The SCV 6220 Signal, and other local publications and websites to alert the community to the upcoming 6221 transition in service providers 6222
6223
2. Implementation Programs 6224
6225
Burrtec's waste recycling and diversion program include 6226 comprehensive public education and outreach that details program 6227 services and maximizes the diversion of recyclables, green waste, 6228 food waste, bulky items, sharps, mattresses, and e-waste. Our 6229 approach to successful recycling and diversion programs is simple. 6230 6231
• Provide a wide selection of acceptable materials 6232 • Offer a complete yet straightforward collection program 6233 • Implement a public education plan that encourages 6234 participation 6235
• Reinforce the diversion programs 6236
• Encourage residents to “Reduce, Reuse, Recycle” 6237
• Educate City staff and Service Recipients on AB 341, AB 6238 1826, AB 1594 and SB 1833 6239
6240
The SB 1383 regulations require that organics recycling education and outreach be provided to all 6241 residents, businesses (including those generating edible food that can be donated), local food 6242 banks, and other food recovery organizations. 6243
6244
In communities where a substantial number of residents speak non-English languages, education 6245 and outreach materials will be translated to ensure all residents and businesses can effectively 6246 participate in organic recycling services. 6247
6248
FINAL AGREEMENT Page 178 of 184
A variety of outreach methods will be used to inform customers on program requirements, including 6249 the following mandated topics: 6250
6251
• Methane gas reduction benefits, specifically how emissions resulting from the decomposition 6252 of organic waste in landfills are a significant source of greenhouse gas (GHG) emissions 6253 contributing to global climate change 6254
• Reduction of landfilled organics which are responsible for 25 percent of California’s methane 6255 emissions 6256
• Prevention of organic waste generation, recycling organic waste onsite, sending organic 6257 waste to community composting, and 6258
any other local requirements 6259
regarding organic waste 6260
• Information on the organic waste 6261
generator’s requirements to follow 6262
proper container utilization 6263
techniques and edible food donation 6264
programs 6265
6266
a. Schedule of Materials 6267
6268
Brochures. Burrtec will distribute 6269
bilingual brochures on recycled paper, 6270
describing services, proper use of containers, new container colors, and acceptable materials 6271 to all customers (Residential and Commercial) before the Service Start Date. Brochures will 6272 also be distributed to new customers when a change in occupancy becomes known to Burrtec. 6273 6274
Billing Statements. Each billing statement sent by Burrtec on recycled paper will contain a brief 6275 notification to customers. Notifications include, holiday schedules, program participation 6276 requirements, and legislative reminders. 6277
6278
Newsletters. Burrtec will distribute bilingual newsletters printed on recycled paper to 6279 Residential customers as an insert in the bill on a quarterly basis. Commercial newsletters will 6280 be distributed via Burrtec’s customer billing to coincide with special program notices such as 6281 SB 1383 requirements. 6282
6283
Social Media. Burrtec will continue to develop and produce content pertinent to program 6284 participation and diversion goal accomplishment on social media platforms. Content includes 6285 titles such as: 6286
6287
“Our Story” – A short history of Burrtec 6288
“Recycling” – Burrtec’s material recovery facilities 6289 “Coming Soon” – Food waste recycling program development 6290 “What is Organic Waste” – Overview of acceptable green container material 6291 “Christmas Tree Disposal” – How to properly prepare your Christmas tree for disposal 6292 6293
b. Service Brochures 6294
6295
At contract inception, a service brochure will be provided to customers printed on recycled 6296 paper. New customers will also receive the brochure as part of the Burrtec welcome packet. 6297 6298
These brochures will provide a comprehensive overview of the solid waste, recycling, and 6299 organic waste programs, and the additional services. The brochures will be produced in 6300 English, Spanish, or other languages where required and will include, but not be limited to, the 6301 information listed below. 6302
6303
FINAL AGREEMENT Page 179 of 184
Scope of services and geographical area including general information on container 6304 colors and sizes available, how to change container sizes and quantities, information 6305 about what to place in containers, and instructions on the set-out site 6306 Holiday Schedules 6307
Delivery, pick up, exchange, and replacement of containers 6308 Burrtec office hours, toll-free customer service telephone number, e-mail address, and 6309 website 6310
City’s information such as telephone number, location, Household Hazardous Waste 6311 information, and other information as required 6312
Newsletter 6313
Training on how to sort organic and recyclable material 6314 Description of green waste and food waste items allowable for collection and items 6315 prohibited 6316
Description of acceptable recyclable materials 6317
6318
c. Community Meetings 6319
6320
1) Prior to Start of Contract 6321
6322
Burrtec will hold community meetings to explain the new contract services and highlight 6323 program elements. Meetings will be held on weekday evenings and separate Saturdays 6324 as agreed upon with City's approval. The meeting dates, program information, and 6325 arrangements will be reviewed with City staff prior to finalizing. All customers will receive 6326 a community meeting notification at least two weeks prior to the meeting or approved by 6327 the City. 6328
6329
2) Instructional 6330
6331
Upon request, Burrtec will hold community meetings in English and/or Spanish or other 6332 languages as required informing customers how to recycle properly and what organic 6333 waste diversion means. 6334
6335
d. Written Notices and Outreach Materials 6336
6337
1) Upon Start of Services 6338
6339
Burrtec will develop written educational materials and deliver them to Customers. Burrtec 6340 will utilize technology, such as smartphones to distribute educational materials, reach more 6341 people, and reduce paper waste. Customers will be given a choice of how they want to 6342 receive the information, through traditional quarterly newsletters or via "monthly" e-mail or 6343 text message. Educational materials include: 6344
6345
2) Articles 6346
6347
Burrtec will develop a bilingual (Spanish and other languages as required) article with color 6348 graphics containing information that encourages recycling and educating customers 6349 services available. Topics include the following examples: 6350 6351
Available services notices and information 6352
New cart colors 6353
Placement of carts, including during heavy rains 6354 Holiday Tree collection instructions 6355
Benefits of source separation, reduction, and 6356
prevention of solid waste 6357
FINAL AGREEMENT Page 180 of 184
Information on how organic waste is diverted from the landfill 6358 Methane reduction benefits of reducing organic waste in landfills 6359 Bulky Items 6360
Illegal Dumping 6361
Cleaning Containers 6362
Holiday Schedule 6363
Commingling of Solid Wastes 6364
4 R's, reduce - reuse - recycle - rethink 6365
Carts left in the street 6366
Unpermitted Waste disposal 6367
New solid waste laws 6368
Articles specific to service areas such as palm fronds 6369 6370
3) Special Event Announcements 6371
6372
Burrtec will develop and deliver outreach notices to Customers on various events upon 6373 receiving approval from City. Some notifications will be limited to text or e-mail messages 6374 and not be included in newsletters. Examples of events are as follows: 6375 6376
City Household Hazardous Waste Collection Drop-Off Events 6377 City Neighborhood Cleanup Events 6378
Quarterly Paper Shredding Events 6379
Compost/Mulch Giveaway Events 6380
Textile, Carpet, and Mattress Collection Drives 6381
Availability of Food Waste Pails 6382
Sharps Program Information 6383
Bulky Collections 6384
Home Composters 6385
Cart and Bin Exchange and Cleaning 6386
Holiday Collection schedule 6387
Billing reminders, upon Customer request (e-mail) 6388 Service interruptions (e-mail) 6389
Non-collection notices (e-mail) 6390
6391
Certain notifications will be limited to e-mail messages and do not apply to newsletters. 6392 6393
Burrtec will provide notices up to six (6) weeks in advance of events, except as related to 6394 billing reminders, service interruptions, and non-collection notices. Notices may include 6395 artwork, layout, or notices provided by the City. 6396
6397
4) Distribution 6398
6399
The articles and announcements will be disseminated in the following ways, as requested 6400 by Customers: 6401
6402
a) Newsletters 6403
6404
Newsletters will be available in electronic format such as PDF and will be printed on 6405
8.5"x11" or 8.5"x14" sized recycled paper, whichever is appropriate. Burrtec will 6406 develop one-page (additional page for Spanish and other languages, if required by 6407 City) information newsletters in color and deliver these newsletters to Customers four 6408 times each contract year. A second English page may be added to the newsletter once 6409 per year if requested by Director. 6410
6411
FINAL AGREEMENT Page 181 of 184
b) E-mail 6412
6413
Burrtec will send brief electronic messages containing links to full articles, upcoming 6414 events, and/or newsletters for Customers who request them. For example, in late 6415 December, send an e-mail worded, "Have a holiday tree to get rid of? Click here." with 6416 a link to an article about holiday trees. When there is a Santa Clarita local HHW 6417 Collection Event nearby, send an e-mail worded, "Leftover household chemicals, paint, 6418 or used oil to get rid of? Click here." 6419
6420
c) Container Notices 6421
6422
Drivers will place notification tags educating customers on prohibited contaminants 6423 found. Burrtec will provide information on proper container utilization techniques and 6424 how contamination can be corrected at the time of discovery. The information may be 6425 provided using standard mail or notifications sent via e-mail. Red tags are applied to 6426 residential customer carts. 6427
6428
d) On-Site Waste Audits 6429
6430
Waste audit summary reports will be provided to 6431
customers upon completion of the evaluation. Summary 6432 report information will include container findings, 6433 educational materials including source reduction 6434
techniques, benefits of participation in collection 6435 programs, ability, and suggestions to “right-size” 6436 containers, and methods to reduce contamination. The 6437 information may be provided using standard mail or 6438 notifications sent via e-mail. 6439
6440
5) Delivery of Written Materials to Customers 6441
6442
Burrtec will deliver general materials (such as notices and 6443 newsletters) to Customers by any or all the following means 6444 approved by City: 6445
6446
• U.S. Postal Service 6447
• Door-to-door delivery service 6448
• Insert in monthly Customer bills 6449
• Electronic mail (E-mail) 6450
• Other means approved by the City 6451
6452
The City's designee will be included in the mailing list and ensure that available materials 6453 are sent to the City simultaneously they are sent to customers. When items are mailed, a 6454 proof of mailing can be submitted within seven days of mailing. 6455 6456
6) Social Media 6457
6458
Burrtec will reach out to Customers and make information available regarding services by 6459 current social media and the following means approved by the City. 6460 6461
Burrtec’s Official Social Media Presence Includes: 6462 6463
Facebook: www.facebook.com/burrtecscv 6464
Twitter: https://twitter.com/burrtecwaste 6465
FINAL AGREEMENT Page 182 of 184
Instagram: https://www.instagram.com/burrtecscv 6466
YouTube: https://www.youtube.com/channel/UCqaJ5_Ea4Nx1EY4LDDAS9CA 6467 LinkedIn: https://www.linkedin.com/company/burrtec-waste-industries 6468 6469
e. City, School, Facilities, and Business Community Programs 6470 6471
Partnering with schools, city facilities, businesses, and community programs is crucial in 6472 ensuring methods to reduce contamination are successfully disseminated throughout the 6473 community. Participation in events such as, but not limited to, will include: 6474 6475
Community and School Earth Day activities 6476
SCV Chamber of Commerce meetings 6477
VIA Meetings 6478
Rotary Club meetings 6479
Oldtown Newhall’s Senses 6480
Santa Clarita Valley Certified Farmer’s Markets 6481
The Learning Center at the Newhall Library and others 6482 The KHTS Home and Garden Show 6483
HOA meetings 6484
Non-Profit Events 6485
Churches, neighborhood and community groups, and other informal networking 6486 activities 6487
6488
f. “Recycling All-Star” Awards 6489
6490
Effective recycling efforts are an integral part to a successful recycling and organic waste 6491 diversion program. To reinforce these diversion efforts, Burrtec will provide annual recognition 6492 to participants meeting program standards. Education and outreach activities will encourage 6493 participants to actively engage in programs and become a “Recycling All-Star.” Randomly 6494 selected participants are eligible to receive recognition at November City Council meetings. 6495 The Contest information and program winners are announced in the quarterly newsletters. 6496 6497
g. City Staff Training 6498
6499
Department staff, Code Enforcement, and janitorial staff will be trained at the City’s scheduled 6500 date and time on the following topics: 6501
6502
Collection Programs and Full Range of Additional Services 6503 Regulatory Requirements and Relevant State Legislation 6504 Methods to Reduce Contamination 6505
Source Reduction Techniques 6506
Acceptable Materials 6507
Benefits to Participation in Recycling Programs 6508
Record-Keeping Requirements 6509
Purchasing Policy Requirements 6510
CalGreen and MWELO Requirements 6511
Enforcement and Inspection Requirements 6512
Best Management Practices 6513
6514
FINAL AGREEMENT Page 183 of 184
3. Methods to Reduce Contamination 6515
6516
Burrtec will utilize several methods to reduce contamination and ensure diversion goals are met in 6517 Santa Clarita. Burrtec’s experience with program implementations have shown that no one method 6518 can be relied upon, but rather a flexible, multi-faceted approach is required. Burrtec will develop an 6519 explicitly tailored program, designed with expert local knowledge, local community engagement, 6520 and local participation for Santa. Below is a list of primary methods that will be utilized to achieve 6521 program goals: 6522
6523
Education, Education, Education. Ensuring customers understand program requirements 6524 is the first critical component to achieving stated goals 6525 Participation in Community and School Events. Participating in community events and local 6526 schools to demonstrate how proper container utilization works and reduce contamination is 6527 another critical component to achieving stated goals 6528 Generator Feedback. Through onsite waste consultations with businesses, contamination 6529 notices, targeted education, and outreach, and ultimately notices of violation, and individual 6530 generator feedback is critical to achieving stated goals 6531 Data Analysis. The use of route review and waste evaluation results in conjunction with 6532 community waste characterization data will assist in targeting high contamination generators 6533 Equipment Readiness. Operation's readiness to deploy additional containers, exchange 6534 container sizes, and respond to customer requests is critical to ensure contamination 6535 minimization efforts are successful 6536
Technology. Burrtec’s continued efforts to upgrade and utilize state-of-the-art equipment at 6537 recovery facilities works and partner with leading industry experts in composting to ensure 6538 diversion goals can be met 6539
6540
4. Benefits of Participation 6541
6542
Burrtec will focus on the following elements to inform customers of the benefits of recycling and 6543 organic waste collection programs: 6544
6545
Information on how recycling conserves natural resources 6546 Information on how participating in recycling programs prevents pollution by reducing the 6547 need for raw materials 6548
Information on methods to recycle organic waste onsite, sending organic waste to 6549 community composting, and any other local requirements regarding organic waste 6550 Information regarding the methane and greenhouse gas reduction benefits of reducing the 6551 local Santa Clarita Valley landfill disposal of organic waste 6552 Information on the methods of organic waste recovery 6553 Information related to the public health and safety, and environmental impacts associated 6554 with the landfill disposal of organic waste 6555
Information regarding programs for donating edible food through the City of Santa Clarita’s 6556 Edible Food Recovery Program which helps those who are food insecure 6557 Information about food recovery organizations and services operating within the City of 6558 Santa Clarita, including a list of those services 6559
Information about actions that commercial edible food generators can take to prevent the 6560 creation of food waste 6561
FINAL AGREEMENT Page 184 of 184
Exhibit 12 6562
Acceptable Recyclable Materials 6563
Recyclable Materials include but are not limited to: 6564 6565
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
6566