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 192
TABLE OF CONTENTS 16
Collection Services Agreement 17
18 Article 1. Definitions .................................................................................................................. 86 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 .......................................................................................... 393637 28 Article 11. MFD Service ...................................................................... 43Article 11. MFD Service29 44 30
Article 12. Commercial Service ................................................................................................. 50 31 Article 13. Mixed Use Dwelling Service (MXD) ......... 57Article 13. Mixed Use Dwelling Service 32 (MXD) 58 33
Article 14. City Services ........................................................................................................ 5758 34 Article 15. Additional Services .................................................................................................. 59 35 Article 16. Collection Routes ....................................................... 60Article 16. Collection Routes36 61 37
Article 17Article 17. Minimum Performance and Diversion Standards ................... 63. Minimum 38 Performance and Diversion Standards ................................................................................. 6061 39 Article 18. Collection Equipment . 66Article 18.Collection Equipment……………...………………40 64 41
Article 19. Contractor’s Office ............................................................................................... 6667 42 FINAL AGREEMENT Page 3 of 192
Article 20. Contractor Support Services ............................................................................... 6768 43 Article 21. Emergency Service .................................................................................................. 72 44 Article 22. Record Keeping and Reporting Requirements ..... 75Article 22. Record Keeping and 45 Reporting Requirements………………………………..…...…7273 46
Article 23. Nondiscrimination ...................................................... 80Article 23. Nondiscrimination47 78 48
Article 24. Service Inquiries and Complaints ..... 80Article 24. Service Inquiries and Complaints49 78 50
Article 25. Quality of Performance of Contractor ........... 81Article 25. Quality of Performance of 51 Contractor 79 52
Article 26. Performance Bond ................................................... 83Article 26. Performance Bond53 81 54
Article 27. Insurance ................................................................................ 83Article 27. Insurance55 83 10 56
Article 28. Hold Harmless and Indemnification ..................................................................... 8384 57 Article 29. Default of Agreement ........................................... 85Article 29. Default of Agreement58 87 59
Article 30. Modifications to the Agreement ........................................................................... 8889 60 Article 31. Legal Representation ........................................................................................... 8990 61 Article 32. Conflict of Interest ..................................................... 89Article 32. Conflict of Interest62 90 63
Article 33. Contractor's Personnel ...................................... 89Article 33. Contractor's Personnel64 91 65
Article 34. Exempt Waste ................................................................. 91Article 34. Exempt Waste66 92 67
Article 35. Independent Contractor ................................... 91Article 35. Independent Contractor68 92 69
Article 36. Laws to Govern ............................................................. 92Article 36. Laws to Govern70 93 71
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Article 37. Consent to Jurisdiction ...................................... 92Article 37. Consent to Jurisdiction72 93 73
Article 38. Assignment .......................................................................... 92Article 38. Assignment74 93 75
Article 39. Compliance with Laws ....................................... 92Article 39. Compliance with Laws76 94 77
Article 40. Permits and Licenses .......................................... 93Article 40. Permits and Licenses78 94 79
Article 41. Ownership of Written Materials ............ 93Article 41. Ownership of Written Materials80 94 81
Article 42. Waiver .......................................................................................... 93Article 42. Waiver82 94 83
Article 43. Prohibition Against Gifts .................................. 93Article 43. Prohibition Against Gifts84 95 85
Article 44. Point of Contact ............................................................ 93Article 44. Point of Contact86 95 87
Article 45. Notices ........................................................................................ 94Article 45. Notices88 95 89
Article 46. Transition to Next Contractor ................... 94Article 46. Transition to Next Contractor90 96 91
Article 47. Contractor’s Records ............................................95Article 47. Contractor’s Records92 96 93
Article 48. Entire Agreement ....................................................... 96Article 48. Entire Agreement94 97 95
Article 49. Severability ........................................................................... 96Article 49. Severability96 97 97
Article 50. Right to Require Performance ............... 96Article 50. Right to Require Performance98 97 99
Article 51. All Prior Agreements Superseded ....96Article 51. All Prior Agreements Superseded100 97 101
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Article 52. Headings ................................................................................. 96Article 52. Headings102 98 103
Article 53. Exhibits ....................................................................................... 96Article 53. Exhibits104 98 105
Article 54. Attorney’s Fees ............................................................. 97Article 54. Attorney’s Fees106 98 107
Article 55. Effective Date ................................................................... 97Article 55. Effective Date108 98 109
Exhibit 1 City Approved Service Rates ..................... 99Exhibit 1 City Approved Service Rates110 ................................................................................................................................................. 100 111 Exhibit 2 City Sponsored Events ...................................... 103Exhibit 2 City Sponsored Events112 ................................................................................................................................................. 104 113 Exhibit 3 List of City Properties and Current Service Levels ............... 104Exhibit 3 List of City 114 Properties and Current Service Levels ................................................................................... 105 115 Exhibit 4 Collection Container Specifications 107Exhibit 4 Collection Container Specifications116 ................................................................................................................................................. 108 117 Exhibit 5 Transition Plan ........................................................................................................ 110 118 Exhibit 6 Administrative Charges and Penalties ................................................................... 119 119 Exhibit 7 Customer Service Plan ........................................................................................... 121 120 Exhibit 8 Collection Service Operations Plan 126Exhibit 8 Collection Service Operations Plan121 ................................................................................................................................................. 127 122 Exhibit 9 City-Approved Processing and Disposal Facilities .......... 157Exhibit 9 City-Approved 123 Processing and Disposal Facilities ......................................................................................... 158 124 Exhibit 10 Sustainability and Compliance Plan .. 158Exhibit 10 Sustainability and Compliance 125 Plan.......................................................................................................................................... 159 126 Exhibit 11 Outreach and Education Plan ............. 176Exhibit 11 Outreach and Education Plan127 ................................................................................................................................................. 177 128 Exhibit 12 Acceptable Recyclable Materials .. 183Exhibit 12 Acceptable Recyclable Materials129 ................................................................................................................................................. 184 130 FINAL AGREEMENT Page 6 of 192
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Contractor shall commence performance of its Collection Service obligations under this agreement 132 on July 1, 2023 (“Commencement Date”), Agreement is between the City of Santa Clarita, a general law 133 city of the State of California, referred to as "City" and Burrtec Waste Industries Inc corporation referred to 134 as "Contractor". 135
The Legislature of the State of California, by enactment of the California Integrated Waste 136 Management Act of 1989 (the “Act”) and subsequent additions and amendments (codified at California 137 Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and 138 require local agencies to make adequate provisions for garbage collection within their jurisdiction. 139 The State of California has found and declared that the amount of garbage generated in California, 140 coupled with diminishing landfill space and potential adverse environmental impacts from landfilling and the 141 need to conserve natural resources, have created an urgent need for State and local agencies to enact and 142 implement an aggressive integrated waste management program. The State has, through enactment of the 143 Act, directed the responsible State agency, and all local agencies, to promote disposal site diversion and 144 to maximize the use of feasible garbage reduction, re-use, recycling, and composting options in order to 145 reduce the amount of garbage that must be disposed of in disposal sites. 146 Pursuant to its Municipal Code and California Public Resources Code Section 40059(a) as may be 147 amended from time to time, City has determined that the public health, safety, and well-being require that 148 an exclusive right be awarded to a qualified contractor to provide for the collection of garbage, recyclable 149 materials, and organic waste materials, except for collection of materials excluded in City’s Municipal Code, 150 and other services related to meeting the Act’s 50 percent diversion goal and other requirements of the Act. 151 City further declares its intent to regulate and set the maximum rates Contractor may charge Service 152 Recipients for the collection, transportation, processing, recycling, composting, and/or disposal of garbage, 153 recyclable materials, and organic waste materials. 154
The City Council has determined that Contractor, by demonstrated experience, reputation and 155 capacity, is qualified to provide for the collection of garbage, recyclable materials, and organic waste 156 materials within the corporate limits of City, the transportation of such material to appropriate places for 157 processing, recycling, composting and/or disposal; and City Council desires that Contractor be engaged to 158 perform such services on the basis set forth in this Agreement; and, 159 Contractor has represented that it has the ability and capacity to provide for the collection of garbage, 160 recyclable materials, and organic waste materials within the corporate limits of City; the transportation of 161 such material to appropriate places for processing, recycling, composting and/or disposal; and the 162 processing of materials. 163
The Parties agree that solid waste Collection Services shall be provided pursuant to this Agreement 164 as of 12:00 a.m. July 1, 2023 (“Effective Date”) at which time this Agreement shall be controlling. 165 Now, therefore, in consideration of the mutual covenants, agreements and consideration contained 166 in this Agreement, City and Contractor agree as follows: 167 168
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Article 1. Definitions 169
For the purpose of this Collection Services Agreement, referred to as "Agreement", the definitions contained 170 in this Article apply unless otherwise specifically stated. When not inconsistent with the context, words used 171 in the present tense include the future, words in the plural include the singular, and words in the singular 172 include the plural. Use of the masculine gender includes the feminine gender. The meaning of terms or 173 words not defined in this Article will be as commonly understood in the solid waste collection services 174 industry when the common understanding is uncertain. 175
1.01 AB 341. “AB 341” means State of California Assembly Bill No. 341 approved October 5, 176 2011. AB 341 requires businesses, defined to include commercial or public entities that generate more than 177 4 cubic yards of commercial solid waste per week or multifamily residential dwellings of 5 units or more, to 178 arrange for recycling services and requires jurisdictions to implement a commercial solid waste recycling 179 program. 180
1.02 AB 827. “AB 827” means State of California Assembly Bill No. 827 approved October 02, 181 2019. AB 827 requires businesses that are mandated to recycle under AB 341 (“MCR”) and/or mandated to 182 recycle organics under AB 1826 (“MOR”) or SB 1383 and that provide customers access to the business, to 183 provide customers with a recycling bin and/or organics collection bin for those waste streams that is visible, 184 easily accessible, and adjacent to each bin or container for trash. 185
1.03 AB 939. “AB 939” or “The Act” means “The California Integrated Waste Management Act 186 of 1989” codified in part in Public Resources Code §§ 40000 et seq, and such regulations adopted by. 187 California Department of Resources Recycling and Recovery (CalRecycle) for implementation of the Act, or 188 its successor agency, including but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 189 (Chapter 343, Statues of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling 190 Resources Code § 40000 and following as it may be amended and as implemented by the regulations of 191 CalRecycle. 192
1.04 AB 1594. “AB 1594” means State of California Assembly Bill No. 1594 approved 193 September 28, 2014. AB 1594 provides that as of January 1, 2020, the use of green material as Alternative 194 Daily Cover does not constitute diversion through recycling and would be considered disposal. 195
1.05 AB 1669. “AB 1669” means State of California Assembly Bill No. 1669 approved 196 September 30, 2016 which amends California Labor Code Sections 1070 through 1076 with respect to the 197 hiring of displaced employees under service contracts for the collection and transportation of solid waste. 198
1.06 AB 1826. “AB 1826” means State of California Assembly Bill No. 1826 approved 199 September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an 200 organic waste recycling program to divert from the landfill organic waste from businesses. Each business 201 meeting specific organic waste or solid waste generation thresholds phased in from April 1, 2016 to January 202 1, 2020, is required to arrange for organic waste recycling services. 203
1.07 AB 3036. “AB 3036” means State of California Assembly Bill No. 3036 approved 204 September 27, 2018. AB 3036 prohibits a County, City, District, or local government agency from subjecting 205 FINAL AGREEMENT Page 9 of 192
the hauling of certain byproducts from the processing of food or beverages to an exclusive franchise, 206 contract, license, or permit. 207
1.08 Agreement. “Agreement” means the written agreement between the City and the 208 Contractor covering the work to be performed and all contract documents attached to the agreement and 209 made a part thereof. 210
1.09 Agreement Administrator. The City Manager, or his or her designee, designated to 211 administer and monitor the provisions of the Agreement. 212
1.10 Agreement Year. Agreement year means each twelve (12) month period from July 1st to 213 June 30th during the term of this Agreement. 214
1.11 Applicable Law. “Applicable Law” means all laws, regulations, rules, orders, judgments, 215 decrees, permits, approvals, or other requirement of any federal, state, county, city, and local governmental 216 agency having jurisdiction over the collection and disposition of Solid Waste, including Recyclable Materials, 217 Organic Waste, and Construction and Demolition Debris. 218
1.12 Best Management Practice. Best Management Practice means the schedule of activities, 219 prohibition of practices, maintenance procedures, and other management practices to prevent or reduce, to 220 the maximum extent that is technologically and economically feasible, the discharge of pollutants in the 221 storm drain system. 222
1.13 Bin. “Bin” means a metal or plastic waste container designed or intended to be 223 mechanically serviced by a commercial front-end loader vehicle. It shall be designed to hold from one (1) to 224 six (6) cubic yards of material with the lid properly closed. The specifications for Contractor-provided Bins 225 are set forth in Exhibit 4. 226
1.14 Biohazardous or Biomedical Waste. Any waste which may cause disease or reasonably 227 be suspected of harboring pathogenic organisms; included are waste resulting from the operation of medical 228 clinics, hospitals, and other facilities processing wastes which may consist of, but are not limited to, human 229 and animal parts, contaminated bandages, pathological specimens, hypodermic needles, sharps, 230 contaminated clothing and surgical gloves. 231
1.15 Brown Goods. Electronic equipment such as stereos, televisions, computers, VCR’s and 232 other similar items collected from SFD Service Units. 233
1.16 Bulky Waste. “Bulky Waste” or “Large Items” has the same meaning as defined in Section 234
15.44.010 of the Municipal Code. “Bulky Waste” means Solid Waste consisting of discarded white goods, 235 furniture, tires, carpets, mattresses, and similar large items which do not fit in a regular Collection Container 236 and require special handling due to their size but can be collected and transported without the assistance of 237 special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. It does not 238 include abandoned automobiles and other vehicles, nor does it include items defined as Exempt Waste. 239 FINAL AGREEMENT Page 10 of 192
1.17 Business Day. Any Monday through Friday, excluding any holidays as defined in Section 240
5.03. 241
1.18 Calendar Year. Each twelve (12) month period from January 1 to December 31. 242
1.19 Cart. “Cart” means a heavy plastic receptacle with a rated capacity of at least twenty (20) 243 and not more than one hundred (100) gallons, having a hinged tight-fitting lid and wheels, that is provided 244 by the Exclusive Franchise Solid Waste Contractor, approved by the City, and used by Service Recipients 245 for collection, accumulation, and removal of solid waste from commercial, industrial, or residential premises 246 in connection with Exclusive Franchise Collection Services. The specifications for Contractor-provided Carts 247 are set forth in Exhibit 4. 248
1.20 CERCLA. The Comprehensive Environmental Response, Compensation and Liability Act 249 of 1980, 42 U.S.C. Sections 9601 and following, as may be amended and regulations promulgated 250 thereunder. 251
1.21 Change in Law. means the occurrence of any of the following events after the Effective 252 Date, when such event has a material and adverse effect on the Parties’ performance of their respective 253 obligations under this Agreement (except for any payment obligations): (i) the enactment, adoption, 254 promulgation, amendment, repeal, judicial interpretation, or formal administrative interpretation of any 255 Applicable Law; (ii) the issuance of any order or judgment of any federal, state, or local court or agency in a 256 proceeding to which a Party is a party, but not to the extent such order or judgment finds the Party asserting 257 there to have been a Change in Law to have been negligent or otherwise at fault; or (iii) the denial, 258 suspension, or termination of any government permit or other entitlement, but not to the extent such denial, 259 suspension, or termination is the result of any act or omission of the Party asserting there to have been a 260 Change in Law. 261
1.22 City. The City of Santa Clarita, California, including any unincorporated areas of the County 262 that may be annexed by the City during the Initial Term and all extensions. 263
1.23 City Collection Service. City Garbage Collection Service, City Organic Waste Collection 264 Service, City Recycling Service, City Clean-up Services, City-Sponsored Events Services, and Large Item 265 Collection Services. 266
A. City Clean-up Services. On-call City requested Collection from Agreement 267 Administrator to support City services and operations. 268 B. City Garbage Collection Service. The Collection of Garbage, by Contractor, from 269 City Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility. 270 C. City Large Item Collection Service. The periodic on-call Collection of Large Items, 271 by Contractor, from City Service Units in the Service Area and the delivery of those Large Items to a Disposal 272 Facility, Materials Recovery Facility or such other facility as may be appropriate under the terms of this 273 Agreement. 274
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D. City Organic Waste Collection Service. The Collection of Organic Waste, by 275 Contractor, from City Service Units in the Service Area, the delivery of those Organic Waste materials to an 276 Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials, and 277 the disposal of all City Organic Waste Processing Residue. 278 E. City Recycling Service. The Collection of Recyclables Materials by the Contractor 279 from City Service Units in the Service Area, the delivery of those Recyclable Materials to a Materials 280 Recovery Facility and the processing and marketing of those Recyclable Materials, and the disposal of all 281 City Recyclables Materials Processing Residue. 282
F. City Sponsored Event Services. On-call Collection Services at City-Sponsored 283 Events. 284
1.24 City Facility. City Facility(ies) means any building or other site that the City owns, leases, 285 or occupies that are listed in Exhibit 3. 286
1.25 City Manager. City Manager means the City Manager of the City of Santa Clarita, or his or 287 her designated representative, or any employee of the City who succeeds to the duties and responsibilities 288 of the City Manager. 289
1.26 Collect and Collection and Collected. The removal of Solid Waste from a Service Unit and 290 transportation to a Disposal Facility, Organic Waste Processing Facility, Materials Recycling (or Recovery) 291 Facility, or Transfer Station as appropriate. 292
1.27 Collection Container. A Bin, Cart, or Roll-Off Container that is approved by the Agreement 293 Administrator for use by Service Recipients for Collection Services under this Agreement. 294
1.28 Collection Services. Contractor’s obligations under this Agreement to Collect Solid Waste 295 within the Service Area. Collection Service includes Residential Collection Service, Commercial Collection 296 Service, and City Collection Service. 297
1.29 Collection Vehicle. A licensed vehicle that has all required licenses to provide Collection 298 Service and that has been approved by the Agreement Administrator for use under this Agreement. 299
1.30 Commencement Date. Has the meaning specified in Section 2.01 of this Agreement. 300
1.31 Commercial Collection Service. Collection Service provided to Commercial Service Units. 301 Commercial Collection Service includes Commercial Garbage Collection Service, Commercial Organic 302 Waste Collection Service, and Commercial Recycling Collection Service. Commercial Collection Service 303 specifically includes the following: 304
A. Commercial Garbage Collection Service. The Collection of Garbage by Contractor, 305 from Commercial Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility. 306 B. Commercial Organic Waste Collection Service. The Collection of Organic Waste, 307 by Contractor, from Commercial Service Units in the Service Area, the delivery of those Organic Waste 308 FINAL AGREEMENT Page 12 of 192
materials to an Organic Waste Processing Facility and the processing and marketing of those Organic 309 Waste materials, and the disposal of all Commercial Organic Waste Processing Residue. 310 C. Commercial Recycling Collection Service. The Collection of Recyclable Materials, 311 by Contractor, from Commercial Service Units in the Service Area, the delivery of those Recyclable 312 Materials to a Materials Recovery Facility and the processing and marketing of those Recyclable Materials, 313 and the disposal of all Commercial Recyclable Materials Processing Residue. 314
1.32 Compactor. Any Collection Container which has a compaction mechanism, whether 315 stationary or mobile. 316
1.33 Compost. “Compost” means the act or product of the controlled biological decomposition 317 of Organic Wastes that are Source Separated or are separated at a centralized facility. Compost may also 318 include the product of anaerobic digestion or other conversion technologies. 319
1.34 Construction and Demolition Debris. “Construction and Demolition Debris” or “C & D” refers 320 to by Section 15.44.010 of the Municipal Code. “Construction and Demolition Debris means discarded 321 materials removed from premises, resulting from construction, renovation, remodeling, repair, 322 deconstruction, or demolition operations on any pavement, house, commercial building, or other structure 323 or from landscaping. Such materials include but are not limited to “inert wastes” as defined in Public 324 Resources Code Section 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt), 325 gravel, plaster, gypsum wallboard, aluminum, glass, plastic pipe, roofing material, carpeting, wood, masonry, 326 trees, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building 327 materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition 328 operations on pavements, houses, commercial buildings, and other structures. 329
1.35 Consumer Price Index (CPI-U). The index sets published by the Unites States Department 330 of Labor, Bureau of Labor Statistics. Consumer Price Index series CUURS49ASA0 All Urban Consumers 331 (CPI-U), Los Angeles-Long Beach-Anaheim, not seasonally adjusted. 332
1.36 Contaminant. Any material or substance placed into or found in a Collection Container 333 other than the type of Source Separated material for which that Collection Container is intended or reserved. 334 For example, anything that is not Recyclable Materials is a Contaminant if placed into or found in a 335 Recyclable Materials Collection Container. Similarly, anything that is not Organic Waste is a Contaminant if 336 placed into or found in an Organic Waste Collection Container. 337
1.37 Contractor. Burrtec Waste Industries Inc, which has entered into this Agreement. 338
1.38 County. Los Angeles County, California. 339
1.39 Dispose or Disposal. “Disposal” or “Dispose” means the final disposition of Solid Waste at 340 a permitted Landfill or other permitted Solid Waste disposal facility, as defined in California Public Resources 341 Code 40192(b). 342
1.40 Disposal Facility. “Disposal Facility” means the place or places listed in Exhibit 9 as 343 City-approved locations for the Disposal of Garbage or other materials as appropriate and acceptable. 344 FINAL AGREEMENT Page 13 of 192
1.41 Diversion or Divert. The programs and activities that reduce or eliminate the Disposal of 345 Solid Waste in landfills, which can include source reduction, reuse, salvage, Recycling, and Composting. 346
1.42 Dwelling Unit. A building or part of a building designed for residential use by a single 347 independent housekeeping unit and having separate exterior access, toilet, and facilities for cooking and 348 sleeping. 349
1.43 Edible Food. “Edible Food” has the same meaning as found in Section 15.44.010 of the 350 Municipal Code. Edible Food means food intended for human consumption. For purposes of this Agreement, 351 Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or 352 authorizes the recovery of food that does not meet the food safety requirements of the California Retail Food 353 Code. 354
1.44 Edible Food Recovery. “Edible Food Recovery” means the actions to collect and distribute 355 Edible Food and distributing it to local food recovery organizations from places where it would otherwise go 356 to waste such as, but not limited to, restaurants, grocery stores, produce markets, school cafeterias, or dining 357 facilities. 358
1.45 Effective Date. “Effective Date of Agreement” shall mean the date on which the Agreement 359 is signed and delivered by the last of the parties to sign and deliver. 360
1.46 Exempt Waste. Biohazardous or Biomedical Waste, Hazardous Waste, Sludge, 361 automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid 362 batteries, dead animals, and those wastes under the control of the Nuclear Regulatory Commission. 363
1.47 Food Waste. “Food Waste” has the same meaning as set forth in Section 15.44.010 of the 364 Municipal Code. “Food Waste” means (1) food scraps including all edible or inedible food such as, but not 365 limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, 366 coffee grounds, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source 367 Separated from other Food Scraps; and (2) food-soiled paper, which is compostable paper material that has 368 come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, 369 napkins, and pizza boxes. 370
1.48 Franchised Diversion. Franchised Diversion means the rate of diversion that Contractor is 371 responsible to achieve as defined and calculated Section 8.01.3 of this Agreement. 372
1.49 Franchise Fee. The fee stated in Section 4.03.1 of this Agreement that Contractor has 373 voluntarily agreed to pay in consideration of the exclusive rights granted by the City under this Agreement. 374
1.50 Garbage. “Garbage” has the same meaning as set forth in Section 15.44.010 of the 375 Municipal Code. All putrescible and non-putrescible solid, semi-solid and associated liquid waste generated 376 or accumulated through the normal activities of a premises. Garbage does not include Recyclable Materials, 377 Organic Waste, or Large Items, that is source-separated and set out for purposes of collection and recycling. 378 FINAL AGREEMENT Page 14 of 192
1.51 Green Waste. “Green Waste” has the same meaning as set forth in Section 15.44.010 of 379 the Municipal Code. “Green Waste” means grass clippings, leaves, landscape and prunings waste, wood 380 materials from trees and shrubs, and other forms of organic materials generated from landscapes or 381 gardens. 382
1.52 Gross Revenue. All monetary amounts actually collected or received by Contractor for the 383 provision of Franchise Collection Services pursuant to this Agreement, including but not necessarily limited 384 to: all receipts from Service Recipients, inclusive of late charges, contamination charges, Franchise Fees or 385 any other cost of doing businesscharges and any other receipts from Service Recipients. “Gross Revenue”, 386 for purposes of this Agreement, does not include any revenues generated from the sale of Recyclable 387 Material, Compost or energy, grants, cash awards, State of California Department of Conservation 388 payments, or rebates resulting from the performance of this Agreement. 389
1.53 Hazardous Waste. “Hazardous Waste” has the same meaning as set forth in Section 390
15.44.010 of the Municipal Code. Hazardous Waste shall have the meaning set forth in California Code of 391 Regulations, Title 14 §17225.32 and Health and Safety Code §25117, or successor laws and regulations as 392 may be amended from time to time. 393
1.54 Holiday. “Holiday” means New Year’s Day, Memorial Day, Independence Day, Labor Day, 394 Thanksgiving Day, Christmas Day, and any other day recognized by resolution of the City Council or 395 designated by Contractor as a day on which waste Collection Service will not be provided until the following 396 day, excluding Sunday. 397
1.55 Home Compost Bin. A portable durable container purchased by the Contractor, and 398 distributed to SFD or MFD/MXD Service Recipients as requested, and stored and distributed by the 399 Contractor to SFD or MFD/MXD Service Recipients for use by those Service Recipients to compost Organic 400 Waste at their premises. 401
1.56 Household Hazardous Waste. “Household Hazardous Waste” means that waste resulting 402 from products purchased by the general public for household use which, because of its quantity, 403 concentration or physical, chemical or infectious characteristics, may pose a substantial known or potential 404 hazard to human health or the environment when improperly treated, disposed or otherwise managed, or, 405 in combination with other Solid Waste, may be infectious, explosive, poisonous, caustic, toxic, or exhibit any 406 of the characteristics of ignitability, corrosivity, reactivity, or toxicity as per California Code of Regulations 407 Title 22, Division 4.5, Chapter 11, Section 66261.3. 408
1.57 Kitchen Food Waste Pail. A plastic receptacle with a rated capacity not exceeding two and 409 one-half (2.5) gallons, having a hinged lid, suitable for use in a SFD Service Unit for temporary storage of 410 SFD Organic Waste that is approved for such purpose by City. 411
1.58 Limited Franchise Agreement. Formerly “Non-exclusive Franchise Agreement”, a separate 412 agreement with the City which permits a contractor on a non-exclusive basis to provide for service to Collect 413 Solid Waste, Organic Waste, Construction and Demolition Debris, and/or Recyclable Materials on a 414 temporary basis. 415
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1.59 Manure. Stable bedding and other waste matter normally accumulated and associated with 416 stables or in livestock. 417
1.60 Manure Collection Services. The periodic Collection of Manure by Contractor from Service 418 Units in the Service Area, the delivery of the Manure to a properly permitted facility that accepts Manure, the 419 processing and marketing of Manure. 420
1.61 Materials Recovery Facility. Materials Recovery Facility (MRF) means a facility listed in 421 Exhibit 9 to which commingled Solid Waste, Organic Waste and Recyclable Materials are brought for 422 separation into marketable Recyclable Materials. 423
1.62 Maximum Service Rate. The maximum amount that Contractor may charge Service 424 Recipients for Collection Services, as listed in Exhibit 1, and as may be adjusted in accordance with the 425 provisions of this Agreement. 426
1.63 Mixed Waste Processing Facility. Means a State-permitted commercial Solid Waste facility 427 listed in Exhibit 9 which accepts and processes Unicycling for diversion from landfill disposal. The City 428 reserves its Flow Control Rights over the Mixed Waste Processing Facility. 429
1.64 Multi-Family Dwelling (MFD) Collection Service. MFD Solid Waste Collection Service 430 serves a Multi-Family Dwelling, and specifically includes the following, MFD Garbage Collection Service, 431 MFD Large Item Collection Service, MFD Organic Waste Collection Service, and MFD Recycling Service: 432 A. MFD Garbage Collection Service. The Collection of Garbage, by Contractor, from 433 MFD Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility. 434 B. MFD Large Item Collection Service. The periodic on-call Collection of Large Items, 435 by Contractor, from MFD Service Units in the Service Area and the delivery of those Large Items to a 436 Disposal Facility, Materials Recovery Facility or such other facility as may be appropriate under the terms of 437 this Agreement. MFD Large Item Collection Service may include the Collection of Large Items using Roll-438 Off Containers. 439
C. MFD Organic Waste Collection Service. The Collection of Organic Waste, by 440 Contractor, from MFD Service Units in the Service Area, the delivery of those Organic Waste materials to 441 an Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials, 442 and the disposal of all MFD Organic Waste Processing Residue. 443 D. MFD Recycling Service. The Collection of Recyclables Materials by the Contractor 444 from MFD Service Units in the Service Area, the delivery of those Recyclable Materials to a Materials 445 Recovery Facility and the processing and marketing of those Recyclable Materials, and the disposal of all 446 MFD Recyclables Materials Processing Residue. 447
1.65 Municipal Code. Code means the City of Santa Clarita Municipal Code. 448
1.66 Non-Collection Notice. A written notice approved by the Agreement Administrator that 449 notifies a Service Recipient of the reason Contractor did not Collect Solid Waste set out for Collection. 450 FINAL AGREEMENT Page 16 of 192
1.67 Organic Waste. “Organic Waste” has the same meaning as set forth in Section 15.44.010 451 of the Municipal Code and means Food Waste, Green Waste, Wood Waste, and food-soiled paper waste 452 that is mixed in with Food Waste. 453
1.68 Organic Waste Collection Service. The Collection of Organic Waste from Service Units and 454 processing at an Organic Waste Processing Facility, and the disposal of all Organic Waste Processing 455 Residue. 456
1.69 Organic Waste Processing Facility. “Organic Waste Processing Facility” means any facility 457 designed, operated and legally permitted for the purpose of receiving and processing Food Waste, Green 458 Waste, and Organic Waste listed in Exhibit 9. The City shall designate the Organic Waste Processing Facility 459 for the Contractor to deliver Collected Organic Waste material under this Agreement. 460
1.70 Overage. Overage means Solid Waste set out for Collection either on top of or outside of 461 a Container or in any manner that prevents the Container lid from completely closing or potentially cause 462 Solid Waste to spill during Collection by Contractor’s vehicles. 463
1.71 Premises. “Premises” means any land or building in the City where waste is generated or 464 accumulated. 465
1.72 Prohibited Container Contaminants. “Prohibited Container Contaminants” means any of 466 the following but does not include Organic Waste specifically allowed for Collection in a Container that is 467 required to be transported to a high diversion organic waste processing facility if the waste is specifically 468 identified as acceptable for Collection in that Container in a manner that complies with the requirements of 469 14 CCR Section 18984.1, 18984.2, or 18984.3. (A) Non-Organic Waste placed in a Collection Container 470 designated for Organic Waste provided pursuant to 14 CCR Section 18984.1 or 18984.2; (B) Organic 471 Wastes that are, carpet, hazardous wood waste, or non-compostable paper placed in the Collection 472 Container that is part of an Organic Waste Collection Service provided pursuant to 14 CCR Section 18984.1 473 or 18984.2; (C) Organic Wastes, placed in a Collection Container designated for Garbage, that pursuant to 474 14 CCR Section 18984.1 or 18984.2 were intended to be Collected separately in a Collection Container 475 designated for Organic Waste or Recyclable Materials; (D) Organic Wastes placed in the Collection 476 Container designated for Recyclable Materials shall be considered Prohibited Container Contaminants 477 when those wastes were specifically identified in this Agreement, or through local ordinance for Collection 478 in the Container designated for Organic Waste, or mutually agreed to and promulgated by the City and 479 Contractor. Paper products, printing and writing paper, wood and dry lumber may be considered acceptable 480 and not considered Prohibited Container Contaminants if they are placed in Collection Container designated 481 for Recyclable Materials; and (E) Exempt Waste placed in any Collection Container. 482
1.73 Quarter. A three-month period during a calendar year. The first Quarter is January through 483 March. The second Quarter is April through June. The third Quarter is July through September. The fourth 484 Quarter is October through December. 485
1.74 Rate Year. Rate Year means the period January 1st to December 31st, for each year during 486 the Term of this Agreement. 487
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1.75 Recyclable Materials. “Recyclable Materials” has the same meaning as set forth in Section 488
15.44.010 of the Municipal Code and means those materials that are separated from Solid Waste prior to 489 disposal to be recycled consistent with the requirements of the Act. Recyclable Materials that can be placed 490 in the Recycling Container include but are not limited to, glass and plastic bottles, aluminum, tin and steel 491 cans, metals, unsoiled paper products, printing and writing paper, and cardboard, and any other items as 492 determined by the Agreement Administrator. 493
1.76 Recycling. “Recycling” means the process of collecting, sorting, cleansing, treating and/or 494 marketing Recyclable Materials that would otherwise become Garbage, and returning them to the economic 495 mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality 496 standards necessary to be used in the marketplace. The collection, transportation or disposal of Solid Waste 497 not intended for, or capable of, reuse is not Recycling. “Recycling” does not include transformation as defined 498 in Public Resource Code Section 40201. 499
1.77 Residential Collection Service. “Residential Collection Service” means ongoing regularly 500 scheduled collection of Solid Waste by an Exclusive Franchise from Residential Service Units and MFD 501 Service Units and the delivery of that Solid Waste to a Disposal Facility, Recycling Facility, and/or Organics 502 Processing Facility. 503
1.78 Residential Premises. “Residential Premises” means: (i) any building or structure, or 504 portion thereof, that is used for residential housing purposes and has four (4) or fewer distinct living units; 505 and (ii) any multiple unit residential complex which, with the prior written approval of the City Manager, 506 receives Solid Waste Collection services using standard residential Containers. 507
1.79 Residual or Residuals. “Residual” or “Residuals” means Solid Waste that is not Diverted 508 from landfill Disposal after it has been delivered to an Organic Waste Processing Facility or a Recyclables 509 Processing Facility for processing for Diversion from landfill Disposal. Residual does not include Recyclable 510 Materials or Organic Material that is processed for Diversion but lacks an available market. 511
1.80 Roll-Off Container. A metal container with a capacity of ten (10) or more cubic yards that 512 is normally loaded onto a specialized Collection vehicle and transported to an appropriate facility. 513
1.81 Santa Clarita Valley. “Santa Clarita Valley” shall include the unincorporated areas of North 514 Los Angeles County. 515
1.82 SB 1383. “SB 1383” means State of California Senate Bill 1383 Short-lived Climate 516 Pollutants: Organic Waste Reductions, approved September 19, 2016. 517
1.83 Self-Haul. Collection of Solid Waste by the resident, owner, or occupant of the Premises 518 on which the Solid Waste was generated pursuant to a City-issued permit and in accordance with the 519 requirements of the Municipal Code. 520
1.84 Service Area. That area within the city limits of the City of Santa Clarita designated by City 521 as the Service Area. 522
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1.85 Service Recipient. An individual or entity receiving Collection Service. 523
1.86 Service Unit. “Service Unit” means a single subscriber to Contractor’s Collection Services. 524 SFD Service Units, MFD Service Units, MXD Service Units, City Service Units or Commercial Service Units. 525 Service Unit specifically includes the following: 526
A. City Service Unit. City Facility(ies) that utilize a Bin, Cart, or Roll-Off Container(s) 527 for the accumulation and set-out of Solid Waste. City Service Units are the properties set forth in Exhibit 3 528 and may be modified by written notice to Contractor by the City. 529 B. Commercial Service Unit. All retail, professional, wholesale and industrial facilities, 530 and other commercial enterprises offering goods or services to the public that utilize a Garbage Bin, 531 Cart, Compactor, Roll-Off Container for the accumulation and set-out of Commercial Solid Waste. 532 C. Multi-Family Dwelling and MFD Service Unit. “Multi-Family Dwelling” and “MFD” 533 shall mean any building or structure, including but not limited to Mobile Home Parks, or portion thereof, 534 used for residential purposes having five or greater distinct living units. 535 D. MXD (Mixed-use Development) Service Unit. A mix of Commercial Service Units 536 and five (5) or greater Dwelling Units in the Service Area utilizing any combination of Collection 537 Containers for the accumulation of and set out of Solid Waste. 538 E. SFD Service Unit. Any Single-Family Dwelling Unit in the Service Area utilizing a 539 Cart for the accumulation and set out of Solid Waste originating from SFD Residential Premises. 540
1.87 SFD Collection Service. SFD Garbage Collection Service, SFD Recycling Service, SFD 541 Organic Waste Collection Service, and SFD Large Item Collection Service. 542 A. SFD Garbage Collection Service. The Collection of Garbage, by Contractor, from 543 SFD Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility. 544 B. SFD Large Item Collection Service. The periodic on-call Collection of Large Items, 545 by Contractor, from SFD Service Units in the Service Area and the delivery of those Large Items to a 546 Disposal Facility, Materials Recovery Facility or other such facility as may be appropriate under the terms 547 of this Agreement. SFD Large Item Collection Service does not include the Collection of Large Items using 548 Roll-Off Containers. 549
C. SFD Organic Waste Collection Service. The Collection of Organic Waste, by 550 Contractor, for SFD Service Units in the Service Area, the delivery of those Organic Waste Materials to an 551 Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials, 552 and the disposal of all SFD Organic Waste Processing Residual. 553 D. SFD Recycling Service. The Collection of Recyclable Materials by the Contractor 554 from SFD Service Units in the Service Area, the delivery of those Recyclable Materials to a Materials 555 Recovery Facility and the processing and marketing of those Recyclable Materials. 556 FINAL AGREEMENT Page 19 of 192
1.88 Single-family Dwelling or SFD. “Single-family/duplex dwelling” or “SFD” means any 557 residential premises with fewer than five (5) units single attached dwelling units, each designed for use by 558 one bona fide housekeeping group. 559
1.89 Sludge. The accumulated solids, residues, and precipitates generated as a result of waste 560 treatment or processing, including wastewater treatment, water supply treatment, or operation of an air 561 pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or 562 similar disposal appurtenances or any other such waste having similar characteristics or effects. 563
1.90 Solid Waste. “Solid Waste” means all putrescible and non-putrescible solid, semisolid, and 564 liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and 565 construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, 566 dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, Manure, vegetable or 567 animal solid and semisolid wastes, and other discarded solid and semisolid wastes, as set forth in California 568 Public Resources Code Section 40191(a)(b), as amended from time to time. Solid Waste includes 569 Recyclable Materials but does not include (1) Hazardous Waste; (2) radioactive waste regulated pursuant 570 to the Health and Safety Code Section 114960 et seq.; and (3) medical waste regulated pursuant to the 571 Health and Safety Code Section 117600 et seq. 572
1.91 Source Separated. “Source Separated” means materials that have been kept separate in 573 the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing in order 574 to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted 575 products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined 576 in 14 CCR Section 17402.5(b)(4). 577
1.92 SRRE (Source Reduction and Recycling Element). A formal planning document that 578 demonstrates how the City will comply with the Act’s diversion goals. 579
1.93 Term. “Term” means the time period or duration which the Agreement is in effect. 580
1.94 Transfer Station. “Transfer Station” means the place or places listed in Exhibit 9 as City-581 approved locations conveyance of Solid Waste Collected by Contractor into larger vehicles prior to 582 transportation of the Solid Waste to a Disposal Facility or Processing Facility. 583
1.95 Unicycling. A method of separating trash and recyclable materials in a single Collection 584 Container. Trash materials are collected in bags and deposited into the Collection Container and recyclable 585 materials are deposited into the Collection Container loose and unbagged. 586
1.96 Universal Waste or U-Waste. Electronic devices, dry-cell batteries, non-empty aerosol 587 cans, fluorescent lamps, and fluorescent bulbs, mercury thermostats, and other mercury containing 588 equipment. 589
1.97 Waste. “Waste” means the useless, unused, unwanted or discarded material and debris 590 resulting from normal residential and commercial activity or materials which, by their presence, may 591 FINAL AGREEMENT Page 20 of 192
injuriously affect the health, safety, and comfort of persons or depreciate property values in the vicinity 592 thereof. 593
1.98 Waste Generator. “Waste generator” means any person, as defined by the most current 594 version of the Public Resources Code, whose act or process produces solid waste as defined in that same 595 code, or whose act first causes solid waste to become subject to regulation. 596
1.99 Waste Reporting System (WRS). The electronic data recording and reporting system that 597 Contractor uses to provide data and reports that this Agreement requires Contractor to give to the City. 598
1.100 White goods. “White goods” means enamel-coated major appliances, such as washing 599 machines, clothes dryers, hot water heaters, stoves, and refrigerators. 600
1.101 Work Day. Any day, Monday through Saturday, that is not a Holiday as set forth in Section 601
5.03 of this Agreement. 602
1.102 Wood Waste. “Wood waste” means Solid Waste consisting of stumps, large branches, tree 603 trunks, and wood pieces or particles that are generated from the manufacturing or production of wood 604 products, harvesting, processing or storage of raw wood materials, or construction and demolition activities. 605 Article 2. Term of Agreement 606
2.01 Initial Term. The initial term of this Agreement will be for ten (10) year period beginning 607 July 1, 2023 and terminating on June 30, 2033. Contractor shall commence performance of its Collection 608 Service obligations under this Agreement on July 1, 2023 (“Commencement Date”). 609
2.02 Extension of Term. Contractor may request up to two, five (5) year term extension to the 610 Initial Term, and at City’s sole option, City may grant Contractor’s request to extend the term. Under no 611 circumstances will City be obligated to extend the term. Contractor must request the first five (5) year 612 extension by June 30, 2031 in order to be eligible for the term extension, and June 30, 2036 in order to be 613 eligible for the second term extension. 614
2.03 Performance Review Prior to Five (5) Year Extension. A billing audit and performance 615 review shall be conducted two years prior to the end of the Initial Term (i.e., during 2031, and to be completed 616 by December 31, 2031) as described in Section 17.02. The cost of the review shall be paid as specified in 617 that Section. In order to be eligible for an Extension of the Term of the Agreement under Section 2.02, 618 Contractor must meet billing and performance standards to the satisfaction of the City. In the event 619 Contractor fails to meet the minimum service and diversion requirements set forth in Section 8.01.1, this 620 Agreement will terminate on June 30, 2033 as set forth in Section 2.01 of this Agreement. 621 Article 3. Conditions Governing Services Provided by Contractor 622
3.01 Grant of Exclusive Agreement. City hereby grants to Contractor, on the terms and 623 conditions set forth herein, the Eexclusive Ffranchise, right and privilege to collect, remove and dispose of, 624 in a lawful manner, Solid Waste, Recyclable Materials, and Organic Materials accumulating in the City’s 625 FINAL AGREEMENT Page 21 of 192
Service Area that are required to be accumulated and offered for collection to the Contractor in accordance 626 with the City’s Municipal Code, for the Term of and within the scope set forth in this Agreement. 627
3.02 Recyclable Materials Organic Waste, and Bulky Waste Discarded by Service Recipients. 628 This Agreement shall not prohibit any person from selling Recyclable Materials or Organic Waste or giving 629 Recyclable Materials or Organic Waste away to persons or entities other than Contractor. However, in either 630 instance: (1) the Recyclable Materials or Organic Waste must be source separated from and not mixed with 631 other Solid Waste; and (2) the seller/donor may not pay the buyer/donor any consideration for collecting, 632 processing or transporting such Recyclable Materials or Organic Waste. A discount or reduction in the price 633 for collection, disposal and/or recycling services for any form of un-segregated or segregated Solid Waste 634 is not a sale or donation of Recyclable Materials or Organic Waste and such Solid Waste does not qualify 635 for this exception. However, once the Recyclable Materials or Organic Waste have been placed in the 636 Collection Container and the Container set out for Collection, the Recyclable Materials or Organic waste 637 become the property of Contractor. 638
3.03 Exclusions to Exclusivity. 639
3.03.1 Specialized Recyclable Materials. If Contractor is unable or unwilling to Collect and 640 process for diversion specialized materials, including, but not limited to, Organic Waste, metals, 641 Construction and Demolition Debris, laboratory waste, pallets and others, and which a third party is able to 642 re-use or Recycle, Service Recipients shall have the right to engage the third-party recycler to collect and 643 Recycle those Source-Separated Recyclable Materials provided that the diversion is verified by the City 644 and the third party obtains a City recycling permit. 645
3.03.2 Recyclable Materials Sold By Commercial Generator. If the Waste Generator at a 646 Commercial Service Unit has source separated Recyclable Material, the Waste Generator is entitled to sell 647 that Recyclable Material or be otherwise compensated in a manner resulting in a net positive payment to 648 the Waste Generator, when such collector is permitted as appropriate under the City Municipal Code. 649
3.03.3 Byproducts of Food and Beverage Processing. Under AB 3036 (2018), certain 650 byproducts from the processing of food or beverages from agricultural or industrial sources, provided they 651 do not include animal, including fish, processing byproducts, they are Source-Separated, they are not 652 discarded (meaning the generator may not pay the recipient any consideration, or accept a discount or 653 reduction in price for collecting, processing, or transporting such material), and they are used as animal 654 feed, are exempted from this Exclusive Franchise Agreement. Entities requesting exemption must apply to 655 the City and be any of the following: registered pursuant to Section 110460 of the Health and Safety Code, 656 or be exempted from registration pursuant to Section 110480 of the Health and Safety Code, or be a beer 657 manufacturer as defined in Section 23012 of the Business and Professions Code, or a distilled spirits 658 manufacturer, as defined in Section 23015 of the Business and Professions Code. 659
3.03.4 Donated Solid Waste. Recyclable Materials, Organic Waste, or Large Items which 660 is Source Separated at any premises by the waste generator and donated to youth, civic or charitable 661 organizations qualified as such pursuant to Federal law. 662 FINAL AGREEMENT Page 22 of 192
3.03.5 Gardening or Landscape Services. Green Waste removed from a premises by a 663 gardening, landscaping, or tree trimming company as an incidental part of a total service offered by that 664 company rather than as a hauling service; 665
3.03.6 Temporary Services. Temporary Collection services for Solid Waste and 666 Construction and Demolition Debris is covered under the City’s Limited Franchise Agreement and 667 Contractor must abide by terms of that agreement for Collection and processing and Diversion of 668 Construction and Demolition Debris. 669
3.03.7 Permanent Roll-offs. Permanent Roll-off Collection services for Solid Waste and 670 Construction and Demolition Debris in a Roll-Off Container is covered under the City’s Limited Franchise 671 Agreement and Contractor must abide by terms of that agreement for Collection and processing and 672 Diversion of Construction and Demolition Debris. 673
3.04 Responsibility for Service Billing and Collection. Contractor is responsible for the billing 674 and collection of payments for Collection Services within the Service Area. 675 Article 4. Franchise Fees and Payments 676
4.01 Contractor’s Payments to City. The Parties agree that all fees and any payments owed by 677 Contractor to City under this Agreement are the product of extensive negotiations and constitute valid 678 consideration for the rights and privileges granted to Contractor under this Agreement. 679
4.02 Reimbursement for the Cost of Procurement Process. Contractor shall reimburse the City 680 a one-time fee for the cost of the Franchise Agreement solicitation, evaluation and award process of Three 681 Hundred Thousand Dollars ($300,000). This fee shall be due and payable on the thirty (30) day after the 682 Effective Date of the Agreement. 683
4.03 Quarterly Fees and Payments. The following quarterly fees and payments shall be due and 684 payable on the twentieth (20th) day of the month following the end of each Quarter for which the Collection 685 Services were provided; first such payment being due on October 20, 2023. The City Council may adjust the 686 Quarterly Fees by resolution, in which case Contractor shall be entitled to a rate adjustment as a City-687 directed change in accordance with Section 30.01. The Quarterly Fees shall be accompanied at the time of 688 payment by a written report, in a format acceptable to the City, setting forth the calculations Contractor used 689 to determine the amount due and the basis for those calculations. Figures used in the report shall be taken 690 from Contractor’s general books of account, and Contractor shall retain all supporting documentation in 691 accordance with the records retention requirements in Section 22.01. 692
4.03.1 Franchise Fee. Contractor shall pay the City a quarterly Franchise Fee equal to 693 ten percent (10%) of the Gross Revenue received by the Contractor from Collection Services provided in 694 the City pursuant to this Agreement. 695
4.03.2 Marketing and Sales of Recyclable Materials. Contractor shall be responsible for 696 marketing and sale of all Recyclable Materials Collected pursuant to this Agreement. Contractor shall pay 697 City $5.50 per ton on Recyclable Materials revenue. This shared revenue, from all recovered Recyclable 698 FINAL AGREEMENT Page 23 of 192
Material, except for organic waste or Diverted Bulky Items, shall be paid to the City on a quarterly basis, 699 within 20 days of the end of the Quarter. City may apply late penalties as specified in Exhibit 6. 700 Tonnage upon which the shared revenue is calculated shall be the tonnage after 701 processing and removing residual waste, if the Contractor can document to the City’s satisfaction these 702 tonnage figures. If such documentation is not available in a sufficient form, shared revenue shall be based 703 on the tonnage delivered for processing. Tonnage reports, broken down by month, shall accompany 704 quarterly payments. 705
4.04 Annual Fees and Payments. The following annual fees and payments shall be due and 706 payable on July 1 of each calendar year; the first such payments being due on May 1, 2023. The City Council 707 may adjust the Annual Fees by resolution, in which case Contractor shall be entitled to a rate adjustment as 708 a City-directed change in accordance with Section 30.01. On each anniversary of the Commencement Date, 709 each of the following annual fees and payments shall increase by the same percentage that the Maximum 710 Service Rate increases for that same Calendar Year. 711
4.04.1 Administrative Fee. In consideration of the administrative costs of managing the 712 City’s solid waste program, Contractor shall pay City an annual Administrative Fee of Three Hundred 713 Thousand Dollars ($300,000). 714
4.04.2 SB 1383 Implementation Fee. In consideration of the implementation, reporting, 715 and enforcement costs of SB 1383, Contractor shall pay City an annual SB 1383 Implementation Fee of 716 One Hundred and Thirty Thousand Dollars ($130,000). 717
4.04.3 Advertising and Outreach Contribution. Contractor shall pay the City an annual 718 Advertising and Outreach Contribution in the amount of Twenty Thousand Dollars ($20,000). 719
4.05 Time and Method of Payment. Contractor shall pay all amounts owed under this Article 720 without prior notice or demand and without abatement, deduction, offset or credit in lawful money of the 721 United States, on or before the applicable due date, unless the due date lands on a weekend or Holiday, in 722 which case the due date shall be the next Business Day. If sent by U.S. mail, the remittance must be post-723 marked on or before the due date. If hand-delivered, Contractor must request and receive a date-stamped 724 receipt from the City by 5:00 p.m. on the due date. 725
4.06 Late Payments. In the event Contractor fails to pay the City any amounts owed under this 726 Article on or before the applicable due date, then in addition to the amounts already owed, Contractor shall 727 pay a penalty as specified in Exhibit 6, except to the extent that such lateness is due to extenuating 728 circumstances. Contractor must submit any request for approval of a late payment in writing at least five (5) 729 Business Days prior to the date on which fees are due, and the request must be accompanied by a written 730 explanation of the extenuating circumstances and adequate supporting documentation. The City shall not 731 unreasonably withhold its approval, and shall notify Contractor within three (3) business days of receiving 732 the request whether and to what extent the request has been approved. 733
4.06.1 Taxes and Utility Charges. The Contractor shall pay all taxes lawfully levied or 734 assessed upon or in respect of the operating assets or the Collection Services, or upon any part thereof of 735 FINAL AGREEMENT Page 24 of 192
upon any revenues necessary for the operation of the operating assets and the provision of the Collection 736 Services, when the same shall become due. 737
4.06.2 Franchise Fee Disputes. In the event of any disputes between the Contractor and 738 the City with respect to the fees described in this Article 4, the City shall provide the Contractor with written 739 objection within 180 days of the receipt of the written report described in Section 4.03, encompassing the 740 dispute amount. The City shall state its objections in writing with reference to the applicable portion(s) of 741 the report and its reasons then known for its dispute. The Parties agree to meet and confer regarding any 742 such dispute. 743
Article 5. General Requirements 744
5.01 Service Standards. Contractor must perform all Collection Services under this Agreement 745 in a thorough and professional manner as described in Article 25, while meeting the minimum performance 746 and diversion standards listed in Article 17 according to the Sustainability and Compliance Plan (Exhibit 10) 747 developed by the Contractor and approved by the City. 748
5.02 Labor and Equipment. Contractor must provide and maintain all labor, equipment, tools, 749 facilities, and personnel supervision required for the performance of Contractor’s obligations under this 750 Agreement. Contractor must always have sufficient backup equipment and labor to fulfill Contractor’s 751 obligations under this Agreement. No compensation for Contractor’s services or for Contractor’s supply of 752 labor, equipment, tools, facilities or supervision will be provided or paid to Contractor by City or by any 753 Service Recipient except as expressly provided by this Agreement. 754
5.03 Holiday Service. The City observes New Year’s Day, Memorial Day, Independence Day, 755 Labor Day, Thanksgiving Day, and Christmas Day as legal holidays. Contractor is not required to provide 756 Collection Services or maintain office hours on the designated holidays. In any week in which one of these 757 holidays falls on a Work Day, SFD Collection Services for the holiday and each Work Day thereafter will be 758 delayed one Work Day for the remainder of the week with normally scheduled Friday SFD Collection 759 Services being performed on Saturday. Commercial Collection Services will be adjusted as set forth in Article 760 12 but must meet the minimum frequency requirements of one (1) time per week. Collection Services will 761 not take place on Sundays, unless previously authorized by the Agreement Administrator. 762
5.04 Inspections. Subject to Contractor’s appropriate safety protocols, Tthe City has the right to 763 inspect Contractor’s facilities or Collection Vehicles and their contents used to provide services pursuant to 764 this Agreement at any reasonable time while operating inside or outside the City. 765
5.05 Commingling of Materials. 766
5.05.1 SFD Materials Collected in Santa Clarita. Contractor may not at any time 767 commingle any SFD materials Collected pursuant to this Agreement with any other material Collected by 768 Contractor inside or outside the City of Santa Clarita without the express prior written authorization of the 769 Agreement Administrator. 770
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5.05.2 Commercial Materials Collected in Santa Clarita. Contractor may commingle 771 Commercial materials collected pursuant to this Agreement with other materials collected outside the City 772 of Santa Clarita, provided that Contractor tracks the tonnage of Commercial material collected inside the 773 City of Santa Clarita separately using a City-approved allocation methodology. Changes to the allocation 774 methodology may only be made with the express prior written authorization of the Agreement Administrator. 775
5.05.3 Recyclable Materials. Subject to Sections 10.08.2 and 12.04.4, Contractor may not 776 at any time commingle SFD or Commercial Recyclable Materials Collected pursuant to this Agreement with 777 any other material type Collected by Contractor without the express prior written authorization of the 778 Agreement Administrator. 779
5.05.4 Organic Waste. Subject to Sections 10.09.4 and 12.05.7, Contractor may not at 780 any time commingle SFD or Commercial Organic Waste Collected pursuant to this Agreement with any 781 other material type Collected by Contractor, without the express prior written authorization of the Agreement 782 Administrator. 783
5.05.5 Commingled Garbage and Recyclables. Only in special circumstances in which 784 separate Collection Containers pose a challenge due to space or logistical constraints, and with prior written 785 authorization of the Agreement Administrator, Contractor will Collect Commercial Garbage and Recyclable 786 Materials in the same Collection Container, using a Split-bin or Unicycling, for the purposes of processing 787 Recyclable Materials for diversion. 788
5.06 Recyclable Materials and Organic Waste Contamination. Contractor must offer the Service 789 Recipients the correct combination of Cart and Bin sizes and collection frequency beyond the minimum 790 bundled service requirements as necessary, that matches their unique service needs to reduce 791 contamination of Recyclable Materials and Organic Waste, and provide service at least cost to Service 792 Recipient. To support City’s diversion goals and Contractor’s Diversion Requirements as set forth in Section 793
8.01.1, Contractor is only required to collect and process Recyclable Materials if they have been separated 794 by the Service Recipient from Garbage and Organic Waste and will only be required to collect Organic Waste 795 if it has been Source Separated by the Service Recipient from Garbage and Recyclable Materials. 796 As part of Contractor’s Public Education Services under Section 20.02, Contractor has agreed to provide 797 outreach and support to Service Recipients as described in the Contractor’s Sustainability and Compliance 798 Plan provided as Exhibit 10 and Outreach and Education Plan provided as Exhibit 11. Additionally, 799 Contractor’s route collection personnel will report to Contractor’s supervisors if they observe potential 800 contamination problems, and/or insufficient collection capacity. For purposes of determining if Recyclable 801 Materials or Organic Waste are deemed to be contaminated, if, by visual or digital inspection, Recyclable 802 Materials are commingled with ten percent (10%) by weight or volume of Garbage or Organic Waste, or if, 803 by visual inspection, Organic Waste is commingled with three percent (3%) by volume of Garbage or 804 Recyclable Materials, then Recyclable Materials and/or Organic Waste will be deemed to be contaminated 805 and Contractor may take the following steps: 806
5.07 Violations by Service Recipients. The following provisions will apply to all Commercial, 807 MFD, MXD, and SFD Service Recipients. 808
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5.07.1 First and Second Occurrence. For the first and second occurrence within any one 809 Calendar Year continuous 12 month period of contamination for a particular container (i.e., Recyclable 810 Materials or Organic Waste), Contractor must collect the contaminated container (as Solid Waste) and must 811 affix a Contamination Violation Notice to the contaminated container which contains instructions on the 812 proper procedures for sorting Recyclable Materials or Organic Waste, and must notify the Service Recipient 813 by phone, U.S. mail, e-mail, or in person (which may be a container tag), that for the third and subsequent 814 incidents of excess contamination, the Service Recipient may be charged a contamination fee for the 815 contaminated container, and Contractor may increase the Collection Container size, or require an additional 816 Collection Container. Contractor’s representative must also contact the Service Recipient by phone, U.S. 817 mail, e-mail, or in person (which may be a container tag) to ensure that they have the appropriate level of 818 service for proper collection of Recyclable Materials and/or Organic Waste. Contractor must also document 819 the contamination issue in the Waste Reporting System provide digital/visual documentation to the Service 820 Recipient that clearly documents the Service Recipient’s on-going contamination problems. 821
5.07.2 Third Occurrence. For the third or subsequent occurrence within any one Calendar 822 Year continuous 12 month period of contamination for a particular container (i.e., Recyclable Materials or 823 Organic Waste), Contractor must collect the contaminated Container (as Solid Waste) and must charge the 824 Service Recipient a contamination fee as set forth in Exhibit 1. Contractor must continue providing the 825 Recyclable Materials or Organic Waste Collection Services. Contractor must provide (or have provided) 826 digital/photographic documentation to the Service Recipient that clearly documents the Service Recipient’s 827 on-going contamination problems and written Notices of contamination as described above. Contractor may 828 increase the Container size or collection frequency and impose a contamination surcharge on the account 829 for a period of six months or until the Service Recipient has demonstrated no contamination for a period of 830 three consecutive months. Contractor must document contamination issue and surcharge in Waste 831 Reporting System and notify City within five (5) Business Days if Contractor increases the Container size 832 or collection frequency for excessive contamination or imposes the contamination surcharge to the account. 833 City will consult with Contractor and consider, and pursue as applicable, appropriate legal remedies against 834 offending Service Recipients in order to secure discontinuance of the contamination. 835
5.08 Tracking Occurrences of Contamination. Regarding Section 5.07, each Contamination 836 occurrence is tracked annually per Calendar Year, and resets at the start of each Calendar Year if 837 contamination occurrences are not active and consecutive. Where contamination is occurring, and 838 occurrences are consecutive and unremedied their count shall continue across Calendar Years until remedy 839 occurs. In this case, once the Service Recipient has demonstrated no contamination for a period of three 840 consecutive months the tracking calendar will reset. 841
5.09 Disputes Over Excess Contamination Charges. If Service Recipient disputes a 842 contamination charge (which must be within 30 days of them being assessed), Contractor will temporarily 843 halt any contamination charge and/or increased Maximum Service Rate resulting from increasing the 844 Collection Container size, or collection frequency, and Contractor may request a ruling by the City Manager 845 to resolve the dispute. During the pendency of any request, Contractor may restore Container size or 846 number, or collection frequency to the prior levels. A request by Contractor to the City Manager to rule on 847 any such dispute must be filed within ten (10) Business Days of Contractor’s halting of contamination charge, 848 FINAL AGREEMENT Page 27 of 192
or increased Maximum Rate, and must include written documentation and digital/visual evidence of ongoing 849 overall problems. The City Manager may request a meeting (in person or phone) with both the Service 850 Recipient and Contractor to resolve the dispute. Following such a meeting, the City Manager will rule on the 851 dispute within ten (10) Business Days, and the City Manager’s decision on resolving the dispute between 852 and Service Recipient will be final. If the City Manager rules in favor of the Service Recipient, Contractor will 853 credit the disputed contamination charges or increased Maximum Service Rate. If the City Manager rules in 854 favor of Contractor, Contractor may charge Service Recipient the prior halted contamination charge and/or 855 increased Maximum Service Rate resulting from increasing the Collection Container size or collection 856 frequency and may follow the steps in Section 7.07 for collection of delinquent accounts. 857
5.10 Container Overage and Correction Procedures. If a Customer is found to habitually 858 overflow their Collection Container(s), i.e., lid will not close, and/or material not contained within Container 859 Contractor may take the steps as listed below to correct Customers’ on-going overflow of material. All 860 customers will be notified of Collection Overages. Contractor shall notify the City regarding Commercial, 861 MFD, and MXD customers that habitually overflow their Containers so that the City can take appropriate 862 action with such customers in order to secure discontinuance of the overages. 863
5.11 Overage and Correction Procedures. Contractor shall provide the Service Recipients the 864 correct combination of Collection Containers and collection frequency that matches each Service Recipient’s 865 unique service needs to enable clean, efficient, and cost-effective collection of Solid Waste, Recyclable 866 Materials, and Organic Waste. City and Contractor agree that overflow of Solid Waste that is not properly in 867 the Service Recipient’s Solid Waste Collection Containers negatively impacts public health and safety. 868 Contractor has also agreed to conduct recycling audits and provide outreach and support to Service 869 Recipient accounts receiving the correct service level. However, if Service Recipients are found to habitually 870 overflow their Solid Waste Collection Containers, Contractor may take the steps as listed below to correct 871 Service Recipient’s on-going overflow of Solid Waste. 872
5.12 Prior Arrangements For Collection. If the Service Recipient has made prior arrangements 873 with Contractor for Collection of Solid Waste Overages, Contractor must collect such Overages as arranged, 874 and may charge the Service Recipient the Solid Waste Overage fee (prior arrangement) rate set forth in 875 Exhibit 1. 876
5.13 No Prior Arrangements. If the Service Recipient has not made prior arrangements with 877 Contractor for Collection of Solid Waste Overage, (i) Contractor may collect such Solid Waste Overage at 878 no additional charge as a courtesy, (ii) Contractor may not Collect the Solid Waste Overage and leave a 879 Non-Collection Notice explaining the reason for non-collection of the Solid Waste Overage, (iii) Contractor 880 may Collect the Solid Waste Overage (up to two lifts) and charge the Service Recipient the Solid Waste 881 Overage fee (no prior arrangement) rate set forth in Exhibit 1 as provided below, or increase the capacity or 882 frequency of Collection of the existing Collection Container(s) to match documented service needs as 883 provided below. In managing Solid Waste Overages, the following apply: 884
5.13.1 SFD Service Recipients – Each Occurrence. For each occurrence Contractor will 885 not collect the Solid Waste Overage if the Collection Container could not be serviced by normal operating 886 procedures or cause spillage upon servicing and Contractor must provide the following written notice via e-887 FINAL AGREEMENT Page 28 of 192
mail, U.S. mail, or in person (which may be by Non-Collection Notice) to the Service Recipient: (i) the date, 888 description and photograph of the Solid Waste Overage and document in the Waste Reporting System. 889 Contractor’s Non-Collection Notice for SFD Service Recipients shall also contain instructions on (a) how to 890 schedule a Large Item Collection or (b) request an additional Collection Container to eliminate future 891 Overages. 892
5.13.2 Commercial and MFD/MXD Service Recipients – Each Occurrence. Contractor 893 must provide a written notice on the Container and may provide a copy of the notice via e-mail, U.S. mail, 894 or in person (which may be by Non-Collection Notice) to the Service Recipient with the date, description 895 and photograph of the Solid Waste Overage. Contractor may collect the Solid Waste Overage and may 896 charge the Service Recipient a Solid Waste Overage fee as set forth in Exhibit 1, and increase the capacity, 897 or collection frequency of the Collection Container to match documented service needs. At least ten (10) 898 Business Days prior to increasing the Collection Container size, or frequency of Collection, Contractor’s 899 representative must also contact the Service Recipient by phone, U.S. mail, e-mail or in person (which may 900 be by Non-Collection Notice) to ensure that Service Recipient has the appropriate level of service. 901 Contractor must document overage issue in the Waste Reporting System and notify City within ten (10) 902 Business Days of any changes in Service Recipient’s Collection Container size or collection frequency. The 903 increased capacity or collection frequency will remain in effect until Contractor determines that it is no longer 904 needed to prevent overages, which may be longer than the one Calendar Year stated above. Such 905 determination will be in Contractor’s sole but reasonable discretion and will be subject to the dispute 906 resolution procedure set forth below. City will consider, and pursue as applicable, appropriate legal 907 remedies against offending Service Recipients in order to secure discontinuance of the overages. 908
5.14 Tracking Occurrences of Solid Waste Overage. Regarding Sections 5.11 – 5.13 after 909 twelve (12) months have passed from the last applicable Solid Waste Overage occurrence, the next Solid 910 Waste Overage occurrence will be deemed a first Solid Waste Overage occurrence. 911
5.15 Disputes Over Container Overflow Charges. If Service Recipient disputes a Solid Waste 912 Overage charge or container size or collection frequency change within 30 days of the disputed action, 913 Contractor must temporarily halt Solid Waste Overage charge and/or increased Maximum Service Rate 914 resulting from increasing the Collection Container size or collection frequency, and Contractor may request 915 a ruling by the City Manager to resolve the dispute. During the pendency of any request, Contractor may 916 restore Container size or number, or collection frequency, to the prior levels. A request by Contractor to the 917 City Manager to rule on any such dispute must be filed within ten (10) Business Days of Contractor’s halting 918 of Solid Waste Overage charge, or increased Maximum Rate, and must include written documentation and 919 digital/visual evidence of ongoing overall problems. The City Manager may request a meeting (in person or 920 phone) with both the Service Recipient and Contractor to resolve the dispute. Following such a meeting, the 921 City Manager will rule on the dispute within ten (10) Business Days, and the City Manager’s decision on 922 resolving the dispute between and Service Recipient will be final. If the City Manager rules in favor of the 923 Service Recipient, Contractor must credit the disputed charge or increased Maximum Service Rate. If the 924 City Manager rules in favor of Contractor, Contractor may charge Service Recipient the prior halted Solid 925 Waste Overage charge and/or increased Maximum Service Rate resulting from increasing the Solid Waste 926 FINAL AGREEMENT Page 29 of 192
Collection Container size or collection frequency and may follow the steps in Section 7.07 for collection of 927 delinquent accounts. 928
5.16 Ownership of Materials. Except as provided otherwise under Applicable Law, title to 929 Residential Waste, Commercial Solid Waste, Recyclable Materials, and Organic Waste will pass to 930 Contractor at such time as said materials are set out for Collection. 931
5.17 Spillage and Litter. Contractor may not litter premises in the process of providing Collection 932 Services or while its vehicles are on the road. Contractor must transport all materials Collected under the 933 terms of this Agreement in such a manner as to prevent the spilling or blowing of such materials from 934 Contractor's vehicles. Contractor must exercise all reasonable care and diligence in providing Collection 935 Services so as to prevent spilling or dropping of Residential Waste, Commercial Solid Waste, Recyclable 936 Materials, or Organic Materials and must immediately, at the time of occurrence, clean up such spilled or 937 dropped Residential Waste, Commercial Solid Waste, Recyclable Materials, or Organic Materials. 938
5.17.1 Except as provided in Section 12.03.3, Contractor is not responsible for cleaning 939 up sanitary conditions caused by the carelessness of the Service Recipient; however, Contractor must 940 clean up any material or residue that is spilled or scattered by Contractor or its employees. 941
5.17.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris resulting 942 from Contractor’s operations or equipment repair must be covered immediately with an absorptive material 943 and removed from the street surface. Contractor must document spillage in the Waste Reporting System 944 and notify City’s stormwater compliance coordinator within ninety (90) minutes of any spills resulting from 945 Contractor’s operations or equipment. When necessary, Contractor must apply a suitable cleaning agent 946 and cleaning technique to the street surface to provide adequate cleaning as approved by the City’s 947 stormwater compliance coordinator to be compliant with the City’s stormwater permit. 948
5.17.3 The above paragraphs notwithstanding, Contractor must clean up any spillage or 949 litter caused by Contractor within ninety (90) minutes upon notice from the City. If City deems necessary, 950 Contractor must engage third-party environmental clean-up specialist to remove any equipment oil, 951 hydraulic fluids, or any other liquid or debris that remains on street after Contractor’s own clean-up efforts. 952 If clean-up is not conducted to satisfaction of City, City has right to engage environmental clean-up 953 specialist to perform additional clean-up work at the expense of Contractor. 954
5.17.4 In the event where damage to City streets is caused by a hydraulic fluid spill (i.e., 955 any physical damage in excess of a simple cosmetic stain caused by the spill), Contractor shall be 956 responsible for all repairs to return the street to the same condition as that prior to the spill. Contractor shall 957 be responsible for all clean-up activities related to the spill. Repairs and clean-up shall be performed in a 958 manner satisfactory to the City and at no cost to the City. 959
5.17.5 To facilitate immediate cleanup, Contractor’s vehicles must always carry sufficient 960 quantities of petroleum absorbent materials along with a broom and shovel. 961 FINAL AGREEMENT Page 30 of 192
5.18 Green and Organic Waste Capacity. Contractor shall use commercially reasonable efforts 962 to guarantee capacity for all City Green and Organic Waste for the term of the Agreement using a facility 963 listed in Exhibit 9. 964
5.19 Regulations and Record Keeping. Contractor must comply with emergency notification 965 procedures required by Applicable Laws and regulatory requirements. All records required by regulations 966 must be maintained at Contractor’s facility. These records must include waste manifests, waste inventories, 967 waste characterization records, inspection records, incident reports, and training records. 968 Article 6. Collection Service Rates 969
6.01 Collection Service Rates. Contractor is solely responsible for determining the rates it will 970 charge for providing the Collection Services, provided that Contractor shall not charge any Service Recipient 971 an amount that exceeds the applicable Maximum Service Rate set forth in Exhibit 1, which may only be 972 adjusted as provided in this Agreement. 973
6.02 Senior / Low-Income Discount as Contractor’s Good Will. In exchange for the good will of 974 the City and the general public, Contractor voluntarily agrees to discount the rate it charges for Collection 975 Services provide to eligible Service Recipients (the “Discount”) and that the Discount shall neither impact 976 the Maximum Service Rates nor be otherwise paid for or subsidized by any other Service Recipients. 977 Contractor shall make the Discount available to any person who demonstrates through appropriate 978 documentation that they are: (i) 60 years of age or older; or (ii) a person of low, lower, or extremely low 979 income, and enrolled in a discounted utility program; and (iii) the service account holder; and (iv) the head 980 of household and occupant at the Service Unit address. Contractor shall provide the City and all persons in 981 the City then currently subscribed Contractor’s Discount rate program describing and explaining how to 982 qualify for and receive the Discount. Contractor shall thereafter advertise the availability of the on its website 983 throughout the Term of this Agreement and at least once per year by direct notice to all SFD Service 984 Recipients. Adjustments to Maximum Service Rates using CPI-U. Beginning on January 1, 2025, and 985 annually thereafter, Contractor shall, subject to compliance with all provisions of this Section, receive an 986 annual adjustment to the Maximum Service Rates as set forth in Exhibit 1 to this Agreement. 987
6.03 Pre-payment Discount. Contractor will provide a one-month discount to the total annual bill 988 for all SFD Service Recipients that pre-pay their bill on an annual basis. The annual pre-payment must occur 989 between January 2nd and Julyanuary 31st to be effective in the following Agreement current Calendar Year. 990
6.04 Maximum Service Rate Adjustment. The Maximum Service Rates in Exhibit 1 shall be 991 adjusted on January 1, 2025, and annually thereafter in accordance with this Section 6.04. No other 992 adjustments shall be made except as provided in Section 30.01. 993
6.04.1 CPI Adjustment Calculation. For Rate Year 2025, beginning on January 1, 2025, 994 and for subsequent years thereafter, the rates shall be adjusted based on one hundred percent (100%) of 995 the 12-month average change in the CPI-U for the 12-month period published immediately prior to the rate 996 application. Therefore, the first rate adjustment effective January 1, 2025 will be based on the percentage 997 change between the 12-month average of the CPI-U from August 1, 2022 through July 31, 2023, and the 998 FINAL AGREEMENT Page 31 of 192
12-month average of the CPI-U from August 1, 2023 through July 31, 2024. The index to be used shall be 999 the CUURS49ASA0 All Urban Consumers (CPI-U), Los Angeles-Long Beach-Anaheim, not seasonally 1000 adjusted. 1001
6.04.2 Annual Rate Cap on Maximum Service Rates. In any Calendar Year that the 1002 calculation of the CPI-U exceeds four percent (4%), the total adjustment for that year will equal four percent 1003 (4%) and the rollover amount will be added to the rate adjustment percentage in the following year, or any 1004 subsequent year. If the CPI-U is negative (after accounting for any applicable rollover percentages from 1005 prior years), there will be no CPI-U adjustment for that year. Notwithstanding any other provision of this 1006 Agreement, all SFD Service Unit Maximum Service Rates shall remain below all jurisdictions, including 1007 Incorporated Cities and Unincorporated County Areas, with Source Separated (Garbage, Recycling, and 1008 Organic Waste) franchised collection services in the Santa Clarita Valley. 1009
6.04.3 Rounding. Adjustments to the overall Service Rates shall be made only in units of 1010 one cent ($0.01). Fractions of less than one cent ($0.01) shall not be considered in making adjustments. 1011 All CPI indices shall be rounded at two (2) decimal places for the adjustment calculations. 1012
6.04.4 Maximum Service Rate Adjustment Report. On or before September 15 of each 1013 year of the Term, Contractor shall deliver to City a report on its proposed adjustment to the Maximum 1014 Service Rates for the subsequent calendar year (the “Adjustment Report”). The Adjustment Report shall be 1015 in a format as may be mutually agreed on between the City and Contractor and must contain or be 1016 accompanied by Contractor’s adjustment calculations for the specific services performed under this 1017 Agreement during the preceding Agreement Year in Microsoft Excel or other electronic format acceptable 1018 to the City. Contractor shall be solely responsible for the cost of preparing the Adjustment Report. 1019
6.04.4.1 Corrections. In the event the City determines the Adjustment 1020 Report contains substantial errors or omissions, Contractor shall, at its sole cost, provide a corrected report 1021 to the City. A corrected report submitted after September 15 shall be treated as a late report. 1022
6.04.4.2 Late Report. If Contractor fails to submit the Adjustment Report by 1023 September 15, the City may: (1) accept and consider the late Adjustment Report if the City, in its sole and 1024 reasonable discretion, deems there is sufficient time to review and approve the proposed adjustment in 1025 time for it to be implemented on January 1; or (2) accept and consider the late Adjustment Report at its 1026 earliest convenience, in which case any approved rate adjustment shall only go into effect prospectively 1027 thirty (30) days after the City’s approval. In no event shall Contractor apply any rate adjustment retroactively. 1028
6.04.4.3 No Report. If Contractor fails to provide any Adjustment Report, 1029 the Maximum Service Rate shall remain unchanged for the next calendar year. 1030
6.04.4.36.04.5 Customer Notification. At least 30 days prior to the effective date of a rate 1031 change, Contractor shall prepare and distribute, subject to the direction of the City, a notice to each 1032 Customer containing the new collection rate and the effective date. Such notice shall be in a form subject 1033 to City’s approval prior to its distribution and may be included with Billings made by Contractor. 1034 Formatted: Font color: Red
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6.05 City Approval. If Contractor provides a timely Adjustment Report, the City Manager shall 1035 notify Contractor on or before December 1 whether the City has approved the requested adjustments to the 1036 Maximum Service Rates for the next Rate Year. Approval of the City Council shall be required for any 1037 requested rate adjustment of more than four percent (4%) . The City Manager may approve all other requests 1038 or refer them to the City Council at his or her discretion. 1039
6.06 Contractor payment for CPI-U review. Contractor shall be responsible for paying the cost 1040 of reviewing or correcting the annual CPI-U adjustment if the City determines that Contractor has made 1041 substantial errors and has not properly submitted or correctly calculated the CPI-U adjustment. 1042
6.07 Extraordinary Adjustments. Contractor and City acknowledge that there may be infrequent 1043 extraordinary events, including Change of Law, which, although they do not prevent either party from 1044 performing, and thus do not implicate the force majeure provisions hereof, nevertheless increase the cost of 1045 providing services above the Section 6.04 Maximum Service Rate Adjustment. The obligation of the parties 1046 in such event is to act reasonably toward each other in arriving at an appropriate adjustment in rates. 1047 Accordingly, at its option, Contractor may apply to the City not more frequently than once annually, for an 1048 extraordinary rate adjustment should an event or circumstance arise which negatively impacts the economic 1049 operation of Contractor and which is in excess of the rate adjustment resulting from the application of Section 1050
6.04. An extraordinary adjustment in rates will be deemed justified if it is necessary for the Contractor to 1051 make a substantial change in its operations, or substantial capital expenditure or investment in order to 1052 perform its obligations under this Agreement due to the occurrence of an event or circumstance which is 1053 beyond the reasonable control of Contractor. Extraordinary rate adjustments shall only be effective after 1054 approval by the City Council. 1055
6.07.1 Contractor’s Burden. In the event of such an application for an extraordinary rate 1056 increase, it is understood that the Contractor shall have the burden of demonstrating to the reasonable 1057 satisfaction of the City the basis for the extraordinary increase cost. Contractor shall bear the burden of 1058 justifying its request and shall be solely responsible for the cost of preparing and submitting sufficient 1059 documentation in support of its request. City in its sole reasonable discretion may request Contractor to 1060 provide any additional information it deems necessary to fully evaluate the request, and Contractor shall be 1061 solely responsible for the cost to of providing such additional information. Contractor shall allow City to 1062 review a report of its annual revenues and expenses for the services provided in the City prepared by a 1063 Certified Public Accountant or a licensed public accountant, which shall have been prepared in compliance 1064 with Rule 58 of the “Rules and Regulations of the State Board of Accountancy,” as established by the 1065 California Code of Regulations, Title 16, Chapter I (“Financial Statements”). Such Certified Public 1066 Accountant or licensed public accountant shall be entirely independent of the Contractor and shall have no 1067 financial interest whatsoever in the business of the Contractor. City shall have the right to review this 1068 information in connection with the City’s review of Contractor’s extraordinary rate adjustment request. With 1069 respect to any Financial Statements or any other non-public information (“Confidential Information”), City 1070 agrees that: (a) it will hold in confidence all Confidential Information; (b) it will restrict the disclosure of 1071 Confidential Information within its own organization and to its agents or representatives who need to know 1072 the Confidential Information for the purposes of the request; (c) it will not disclose Confidential Information 1073 to any third party, excepting those subject to subsection (b), without the prior written consent of the 1074 FINAL AGREEMENT Page 33 of 192
Disclosing Parties; (d) it will not copy and/or reproduce any Confidential Information without the prior written 1075 approval of the Contractor; and (e) it will not use Confidential Information except as required for 1076 consideration of the request. City may consider increases or decreases in Contractor’s total revenues and 1077 total cost of services when reviewing an extraordinary rate adjustment request. The City will inform the 1078 Contractor upon receiving a California Public Records Act request or a subpoena for the Confidential 1079 Information by written notice delivered to the Contractor (“Notice”). The Contractor will have five (5) days 1080 from the date of the Notice to inform the City in writing of its intent to assert its confidentiality rights under 1081 this Agreement. The Contractor will have fifteen (15) days from the date of the Notice to seek judicial 1082 assistance to prevent the disclosure of the Confidential Information. If the Contractor fails to act within the 1083 nine (9) or fifteen (15) day windows described above, the City may disclose the requested Confidential 1084 Information to the requestor or subpoenaing party. In the event Contractor seeks a court order to stay or 1085 enjoining the disclosure of the Records, Contractor agrees to indemnify and hold harmless the City, its 1086 Council, elected and appointed board or commission members, officers, employees, volunteers and agents 1087 (collectively, "Indemnitees") from and against any and all loss, liability, penalty, forfeiture, claim, demand, 1088 action, proceeding or suit in law or equity of any and every kind and description, whether judicial, quasi-1089 judicial or administrative in nature, arising or resulting from or in any way connected with the subject CPRA 1090 or FOIA request for the Records. This Indemnity shall survive the expiration or termination of this 1091 Agreement. 1092
6.07.2 Review Costs. At the time of its request, Contractor shall also submit a payment 1093 to the City of Twenty-Five Thousand Dollars ($25,000) to defray the City’s costs to review the request. In 1094 the event the City’s reasonable costs exceed that amount, Contractor shall reimburse the City for any 1095 documented amount in excess. 1096
6.07.3 Meet and Confer. The City and Contractor agree to meet and confer regarding the 1097 request and to negotiate in good faith regarding the appropriateness of the requested adjustment. 1098
6.07.4 City Review; Approval. City shall review the Contractor’s request and, in the City’s 1099 sole and reasonable judgment, make the final determination as to whether an adjustment to the Maximum 1100 Service Rates will be made, and, if an adjustment is permitted, the appropriate amount of the adjustment. 1101 Approval of the City Council shall be required for any Extraordinary Adjustments. The City shall notify 1102 Contractor of its decision within ninety (90) calendar days regarding whether it accepts Contractor’s request. 1103 Except as provided herein, any such change approved by the City shall not be implemented until January 1104 1 of the next Rate Year unless a different time frame is approved by the City Council. 1105
6.07.5 No Retroactive Adjustments. Extraordinary Adjustments may not be applied 1106 retroactively without City Council approval. Notwithstanding the preceding sentence, in no event may an 1107 Extraordinary Adjustment be applied retroactively to a date prior to July 1, 2023. Contractor may not request 1108 an Extraordinary Adjustment to Initial Service Rates, nor may Contractor request an Extraordinary 1109 Adjustment prior to December 31, 2024. 1110
6.08 Five Year Meet and Confer. The City and Contractor agree to meet and confer on or about 1111 five (5) years from the Commencement Date regarding material changes in the cost of providing services 1112 that are substantially in excess of the rate adjustments resulting from the application of Sections 6.04 and 1113 FINAL AGREEMENT Page 34 of 192
6.07. If it is determined that there have been material changes in the cost of providing services, then the City 1114 and Contractor agree to negotiate in good faith regarding appropriate adjustments to the rate. The process 1115 for demonstrating material changes in the cost of providing services shall follow the same process as outlined 1116 in Section 6.07.1. 1117
6.09 Procedures in Event of Invalidation of Rate Adjustment. In the event that City is unable by 1118 operation of Applicable Law to approve or implement a rate increase under this Article 6, or some or all of 1119 the Maximum Service Rates are disallowed by operation of Applicable Law, Contractor will have the right, 1120 within thirty (30) days after notice of any such inability to approve or invalidation of an approved rate increase, 1121 to request, in writing, that City negotiate in good faith regarding reductions in programs, services, or fees to 1122 compensate for any negative impact from the unapproved or invalidated rate increase. If City fails to 1123 commence negotiations in good faith or negotiations are not completed within forty-five (45) days following 1124 the date of receipt of Contractor’s request, either party may terminate this Agreement no earlier than one 1125 hundred and eighty (180) days after written notice to the other. 1126 Article 7. Collection Service Billing 1127
7.01 Responsibility for Collection Service Billing and Collection. Contractor shall be solely 1128 responsible for the billing and collecting payments for the Collection Services it provides within the Service 1129 Area. 1130
7.02 Invoices. Contractor shall prepare and send out invoices, by either U.S. mail or electronic 1131 mail, to each Service Recipient in advance of all services provided by Contractor under this Agreement. If 1132 sent by mail, invoices for each billing period shall be placed in a separate envelope accompanied by a self-1133 addressed return envelope. All invoices shall include Contractor’s e-mail address, include directions for 1134 payment by payment by check, credit card, or Automated Clearing House (ACH) debit, and shall include or 1135 be accompanied by a complete billing statement showing all charges and all services provided. City shall 1136 have the right to direct Contractor to revise the format of all invoices and billing statements upon reasonable 1137 notice to Contractor. 1138
7.03 Timing; Frequency. Contractor shall not initiate billing to any Service Unit sooner than the 1139 first day of the service period of Collections Services covered by the invoice. Contractor shall invoice Service 1140 Recipients once every month for Commercial Service Units, MFD Service Units and MXD Service Units and 1141 once every Quarter for SFD Service Units. No invoice shall be considered past due and payable sooner than 1142 until the last day of the respective month or Quarter for which Collection Services are provided. 1143
7.04 Partial Month Service. If, during a month, a Service Unit is added to or deleted from 1144 Contractor’s Service Area, Contractor shall pro-rate billing to the Service Recipient on a weekly basis, 1145 meaning one-fourth of the applicable rate found in Exhibit 1 multiplied by the number of weeks of service 1146 provided by Contractor. 1147
7.05 Overpayments. Contractor shall refund or issue a service credit for overpayments by 1148 Service Recipients no later than 30 days after Contractor discovers or is notified of the overpayment and 1149 after the payment is validated. Contractor shall refund every overpayment that: (1) exceeds two hundred 1150 FINAL AGREEMENT Page 35 of 192
dollars ($200.00) or the amount of Service Recipient’s typical invoice, whichever is less; or (2) is due to the 1151 Service Recipient closing the account prior to the end of the billing period. Contractor may issue a service 1152 credit of no more than two (2) years against future invoices for all other overpayments. 1153
7.06 Delinquent Service Accounts. Contractor shall report all Service Recipients whose 1154 accounts are delinquent by more than ninety (90 days) days to the Agreement Administrator on a monthly 1155 basis. 1156
7.07 Contractor’s Reservation of Legal Rights and Remedies. Notwithstanding any other 1157 provision of this Article, Contractor reserves its right to, and may take such action as is legally available to 1158 Contractor, to collect or cause collection of past due invoice amounts; provided, however, that Contractor 1159 shall never discontinue Collection Services to any Service Unit except upon thirty fifteen (30) BWI (15) days 1160 prior written notice to both the Service Recipient and the Agreement Administrator. Written notice to be 1161 provided to the Service Unit no sooner than 15 days after the close of the prior quarter. Contractor may send 1162 a written notice to Service Recipient regarding payments of Billings during the billed service period. 1163 Article 8. Diversion Requirements 1164
8.01 Warranties and Representations. Contractor warrants that it is aware of and familiar with 1165 City's waste stream, and that it has the ability, and shall use commercially reasonable efforts to provide and 1166 employ sufficient programs and services to ensure assist City will in meeting or exceeding City’s Diversion 1167 goals requirements (including, without limitation, amounts of Solid Waste to be Diverted, time frames for 1168 Diversion, and any other requirements) as set forth in this Article, Applicable Law, and CalRecycle 1169 Regulations, and that Contractor will do so without imposing any costs or fees other than those set forth in 1170 Exhibit 1, except as provided in Section 30.01.1. 1171
8.01.1 Minimum Diversion Requirements. Contractor shall meet the following minimum 1172 annual calendar year Franchised Diversion Rates or CalRecycle Diversion Rates if subject to Waiver is 1173 requested and received under Section 8.01.7: 1174
Agreement Calendar
Year Franchised Diversion Rate CalRecycle Diversion Rate July - Dec 2023-2024 40% 55%
2024-2025 40% 55%
2025-2026 45% 60%
2026-2027 45% 60%
2027-2028 50% 65%
2028-2029 50% 65%
2029-2030 55% 70%
2030-2031 55% 70%
2031-2032 and After 60% 75%
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8.01.2 Annual Reporting. Contractor shall calculate the actual Franchised Diversion Rate 1175 and actual CalRecycle Diversion Rate pursuant to Public Resources Code Section 41780 on an annual 1176 basis for each calendar year and shall deliver a written report regarding the same to the City no later than 1177 February 14 August 15 of the year following the reporting period as set forth in Section 22.04. 1178
8.01.3 Franchised Diversion Rate Calculation. Contractor’s actual Franchised Diversion 1179 Rate for any given Calendar Year shall be calculated by dividing (i) the total tonnage of Solid Waste 1180 Collected by Contractor in the City and either Disposed of at the City approved Recyclable Materials 1181 Processing Facility or Organic Waste Processing Facility, scavenged, or otherwise handled in a manner 1182 that counts as Diversion under applicable CalRecycle regulations; by (ii) the total tonnage of Solid Waste 1183 Collected by Contractor in the City. 1184
8.01.3.1 Diversion for Scavenged Items. Contractor may estimate 1185 diversion of materials lost due to scavenging by determining how many work orders were 1186 submitted for Large Item Pickup and observed by the drivers as to be not out for collection. 1187 Contractor will provide a standard estimate of weight per item that is acceptable to the City. 1188
8.01.4 Failure to Meet Franchised Diversion Rate. If Contractor fails to meet the minimum 1189 annual calendar year Franchised Diversion Rate in a given year, reporting period pursuant to Section 1190
8.01.2, it shall be subject to Administrative Charges as allowed under Article 25 and specified in Exhibit 6. 1191 Contractor must also submit a written corrective action plan to the City before March 15 of the year following 1192 the missed minimum Diversion requirement. Contractor’s corrective action plan must specify all actions 1193 Contractor will take to ensure it will meet Franchised Diversion Rates in the future, and shall be subject to 1194 the review and approval by the Agreement Administrator. Contractor’s failure to meet the minimum 1195 Franchised Diversion Rate shall not constitute a default under this Agreement so long Contractor fully 1196 implements all elements of a City approved corrective action plan. If Contractor fails to submit an adequate 1197 corrective action plan or to fully implement a City-approved corrective action plan, it shall subject Contractor 1198 to Administrative Charges as allowed under Article 25 and specified in Exhibit 6 in addition to any other 1199 remedies available to the City. 1200
8.01.5 CalRecycle Diversion Rate Calculation. The actual CalRecycle Diversion Rate for 1201 any given calendar year shall be calculated with the data provided through the electronic annual report 1202 consistent with CalRecycle and Public Resources Code Section 41780. 1203
8.01.6 Failure to Meet CalRecycle Diversion Rate. If City fails to meet any CalRecycle 1204 Diversion requirement Rate listed in 8.01.1 due to Contractor’s failure to implement any Diversion or public 1205 education program as required by this Agreement, Contractor shall be subject to Administrative Charges 1206 as allowed under Article 25 and specified in Exhibit 6. Contractor must also submit a written corrective 1207 action plan to the City before March 15 of the year following the missed minimum CalRecycle Diversion 1208 Rate. Contractor’s corrective action plan must specify all actions Contractor will take to help the City to 1209 meeting all Diversion requirements under Applicable Law in the future, and shall be subject to the review 1210 and approval by the Agreement Administrator. If Contractor fails to submit an adequate corrective action 1211 plan or to fully implement a City-approved corrective action plan, it shall subject Contractor to Administrative 1212 FINAL AGREEMENT Page 37 of 192
Charges as allowed under Article 25 and specified in Exhibit 6 in addition to any other remedies available 1213 to the City. 1214
8.01.7 Waivers. On or about July 1, 2024, and not more often than once every two (2) 1215 years on or about August 15 henceforth, Contractor may request to waive or revise the annual Franchised 1216 Diversion requirements. The parties agree to meet and confer, and negotiate in good faith regarding such 1217 requests, taking into account matters such as waste characterization data, trends in source reduction, the 1218 availability of permitted facilities capable of processing material to achieve the required Diversion levels, 1219 the availability of commercially viable markets for Recyclable Materials or Organic Waste, transportation 1220 constraints, embargoes, the impact of scavenging, increasing producer responsibility requirements, 1221 restrictions on single-use plastics, public safety impacts, and the passage of any other legislation that 1222 significantly impacts the waste stream mix. City, via the Agreement Administrator, may not unreasonably 1223 withhold approval of the waiver or revision provided that Contractor’s request is accompanied by sufficient 1224 documentation and granting the request would not render the City non-compliant with any State Diversion 1225 mandates. 1226
8.02 Mutual Cooperation. City and Contractor shall each reasonably cooperate in good faith 1227 with all efforts of the other Party to meet City's Diversion requirements under Applicable Law and the 1228 Contractor’s obligations under this Article. City's obligations in this regard shall include, without limitation, 1229 making such petitions and applications as may be reasonably requested by Contractor for time extensions 1230 in meeting Diversion goals, enforce provisions of 15.44.905 Enforcement in the City municipal code or other 1231 exceptions from the terms of Applicable Laws, and to agree to authorize such changes to Contractor’s 1232 Recycling, Organic Waste, or Solid Waste programs as may be reasonably requested by Contractor in order 1233 to achieve the minimum requirements of this Article. 1234
8.03 Contractor’s Diversion Programs. Contractor shall implement the Diversion programs 1235 required under this Agreement to ensure that City and Contractor comply with all Diversion requirements 1236 under Applicable and the City meets or exceeds all minimum Diversion requirements under Applicable Law. 1237 Contractor shall furthermore, at its sole cost and expense, (1) assist the City to respond to inquiries from, or 1238 prepare for and attend any hearing before, CalRecycle or any other regulatory agency relating to the City’s 1239 compliance with Applicable Law; prepare for and participate in CalRecycle’ s review of the City's SRRE.; 1240 apply for any extension available under Applicable Law; develop and implement a public awareness and 1241 education program consistent with the City's SRRE and Household Hazardous Waste Element and any 1242 related requirements of Applicable Law; (2) Provide the City with Recycling, source reduction, and other 1243 technical assistance as may be needed to comply with Applicable Law; (3) advise the City of additional 1244 programs or measures Contractor can, if authorized by the City, implement to increase compliance with the 1245 Diversion requirements of Applicable Law; and (4) promptly pay any and all fees, penalties, or other costs 1246 imposed on the City by CalRecycle relating to its Diversion contractor’s requirements, outlined in this 1247 agreement and indemnify and hold harmless the City from and against any fines, penalties, or other liabilities, 1248 levied against the City for violation of such Diversion requirements caused by Contractor’s failure to perform 1249 its obligations hereunder. 1250
8.04 New Diversion Programs. If Contractor fails to meet any Franchised Diversion requirement 1251 or the City fails to meet any CalRecycle Diversion requirement notwithstanding Contractor’s implementation 1252 Formatted: Not Strikethrough
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of all Diversion and public education programs as required by this Agreement, the City may direct Contractor 1253 to modify its Diversion and public education programs or implement new programs. Such modifications may 1254 constitute a City-Directed Change under Section 30.01. Contractor shall not implement new Diversion 1255 programs not described in this Agreement without the City’s prior consent. 1256
8.05 Nothing contained herein shall prohibit Contractor from meeting its diversion requirements 1257 by any alternative methods or procedures, provided it complies with AB 939, AB 341, AB 1826, AB 1594, 1258 SB 1016, SB 1383, and / or any other Applicable Law, as may be amended from time to time. Contractor’s 1259 ability to meet its diversion requirements by alternative methods per this Section 8.05 is subject to Agreement 1260 Administrator review and approval. 1261
1262
Article 9. Service Unit Types 1263
9.01 Service Units. Service Units include all the following categories of premises which are in 1264 the Service Area as of July 1, 2023 and all such premises which may be added to the Service Area by means 1265 of annexation, new construction, or as otherwise set forth in this Agreement during term of this Agreement: 1266
9.01.1 SFD Service Units. Services are specified in Article 10. 1267
9.01.2 MFD Service Units. Services are specified in Article 11. 1268
9.01.3 Mixed-use Development (MXD) Service Units. Services are specified in Article 13. 1269
9.01.4 Commercial Service Units. Services are specified in Article 12. 1270
9.01.5 City Service Units. Services are specified in Article 14. 1271
9.01.6 Any question as to whether a premise falls within one of these categories will be 1272 determined by the Agreement Administrator and the determination of the Agreement Administrator will be 1273 final. 1274
9.02 Service Unit Changes. City and Contractor acknowledge that during the term of this 1275 Agreement it may be necessary or desirable to add or delete Service Units for which Contractor will provide 1276 Service. 1277
9.02.1 Additions and Deletions. Contractor must provide services described in this 1278 Agreement to new Service Units in Contractor’s Service Area within five (5) Work Days of receipt of notice 1279 from City or the new Service Unit to begin such Service. 1280
9.03 Annexation. If during term of the Agreement, additional territory within or adjacent to the 1281 Contractor’s Service Area is acquired by City through annexation, subject to the requirements of Public 1282 Resources Code section 49520, Contractor agrees to provide Collection Services in such annexed area in 1283 accordance with the provisions and Maximum Service Rates set forth in this Agreement after termination of 1284 former contractor’s rights to provide service have been exhausted. Such Collection Services must begin 1285 FINAL AGREEMENT Page 39 of 192
within five (5) Work Days of receipt of written notice from City. Contractor may not begin Collection Service 1286 without written authorization from City. 1287
9.04 Route Map Update. Contractor must revise the Service Unit route maps to show the 1288 addition of Service Units added due to annexation and must provide such revised maps to the Agreement 1289 Administrator as requested. 1290
Article 10. Residential Service 1291
10.01 SFD Conditions of Service. Except as set forth below, Contractor must provide SFD 1292 Collection Services to all SFD Units in the Service Area, including all MFD Units subscribed to Cart or Bin 1293 Collection Service. The SFD Services are governed by the following terms and conditions: 1294
10.01.1 Curb Service. Except for those Service Recipients that choose to receive Bins for 1295 service, Contractor must provide SFD Collection Service to all SFD Service Units in the Service Area whose 1296 SFD Solid Waste is properly containerized in Garbage Carts, Recyclable Materials are properly 1297 containerized in Recycling Carts, except as set forth in Section 10.08.1; Organic Wastes are properly 1298 containerized in Organic Waste Carts, except as set forth in Section 10.09.3, where the Garbage, 1299 Recycling, and Organic Waste carts have been placed within three (3) feet of the curb, swale, paved surface 1300 of the public roadway, closest accessible roadway, or other such location agreed to by Contractor and 1301 Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and 1302 vehicle. 1303
10.01.2 Bundled SFD Cart Service. Except for those Service Recipients that City 1304 determines may receive In-Ground Service, and those Service Recipients that choose to receive Bins for 1305 service, Contractor will use a weekly Bundled SFD Solid Waste Collection Service system with one (1) 96-1306 Gallon Garbage Cart, one (1) 96-Gallon Recycling Cart, and one (1) 96-Gallon Organic Waste Cart as part 1307 of the base SFD Solid Waste Collection Service. SFD Service Recipients shall receive additional Recycling 1308 Carts and additional Organic Waste Carts to be included at no additional cost, if requested. Garbage, 1309 Recycling, and/or Organic Waste Carts with a capacity of 32-Gallon or 64-Gallon may be requested by 1310 Customers that have space constraints. Pricing for downsizing Carts, or additional Carts, relative to the 1311 base Bundled Service are included in Exhibit 1. 1312
10.01.3 In-Ground Container Collection. Contractor shall continue to provide weekly Solid 1313 Waste Collection Service to SFD Service Recipients with in-ground Containers (“In-Ground Service”). 1314 Contractor shall remove such Containers form their in-ground housing, bring them to the Collection Vehicle 1315 for dumping, and return them to the in-ground housing, covered. Contractor shall not be obligated to provide 1316 Service Recipients In-Ground Service with Organic Waste Collection as set forth in Section 10.09. 1317 Contractor is not obligated to restart In-Ground Service after Bundled SFD Cart Service is started. Maximum 1318 Service Rates for Service Recipients receiving Collection Service with in-ground Containers are set forth in 1319 Exhibit 1. 1320
FINAL AGREEMENT Page 40 of 192
10.01.4 On-Premises Service. Notwithstanding any term or definition set forth in this 1321 Agreement, Contractor must provide Collection of SFD Garbage, Recycling, and Organic Waste on the 1322 SFD Service Recipients premises to an SFD Service Unit as follows. 1323
10.01.4.1 At no additional cost to the SFD Service Unit. SFD Service Units 1324 where all adult Service Recipients residing therein have disabilities that prevent them from setting their 1325 Garbage, Recycling or Organic Waste Cart at the curb for Collection, and if a request for on-premises 1326 service has been made. Contractor shall have the right to verify eligibility. In the event of a dispute between 1327 Contractor and Service Recipient, City shall have the right to make final determination. 1328
10.01.4.2 At an additional cost to the SFD Service Unit. 1329 A. SFD Service Units where topography, steep driveways, below grade dwellings, or 1330 limited access to public streets that prevents the SFD Service Recipient from setting their Garbage, 1331 Recycling or Organic Waste Cart at the curb for Collection, as determined by the City and agreed by the 1332 Contractor, and if a request for on-premises service has been made. 1333 B. SFD Service Units inaccessible by standard 3 or 4 axel Collection Vehicles as 1334 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the 1335 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult 1336 or impossible to access using regular trash collection trucks. 1337 C. Contractor must offer “push services” to SFD Service Recipients other than those 1338 listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push services 1339 include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers 1340 from their storage location for Collection and returning the Collection Containers back to their storage 1341 location. 1342
10.01.4.3 Contractor must provide on-premises Collection Service on the 1343 same Work Day that curbside Collection would otherwise be provided to the SFD Service Unit. 1344
10.02 Frequency and Scheduling of Service. Except as set forth in Section 10.10, SFD Collection 1345 Service must be provided one (1) time per week on a scheduled route basis. SFD Collection Service must 1346 be scheduled so that all Service Units receive Garbage Collection Service, Recycling Collection Service, 1347 and Organic Waste Collection Service on the same Work Day. SFD Collection Service must be provided, 1348 commencing no earlier than 7:00 a.m. and terminating no later than 7:00 p.m., Monday through Friday, 1349 except for Holidays in accordance with Section 5.03. The hours, day, or both of Collection may be extended 1350 due to extraordinary circumstances or conditions with the prior verbal or written consent of the Agreement 1351 Administrator. 1352
10.03 Manner of Collection. The Contractor must provide Collection Service with as little 1353 disturbance as possible and must leave any Garbage, Recycling or Organic Waste Cart in an upright position 1354 at the same point it was Collected without obstructing alleys, roadways, driveways, sidewalks or mail boxes. 1355 Contractor’s employees providing Collection Service must follow the regular walk for pedestrians while on 1356 private property and may not trespass nor cross property to the adjoining premises unless the occupant or 1357 FINAL AGREEMENT Page 41 of 192
owner of both properties has given permission. Care should be taken to prevent damage to property, 1358 including flowers, shrubs, and other plantings. 1359
10.04 New Carts and Kitchen Food Waste Pails. At the start of this Agreement, Contractor must 1360 supply new Carts and Kitchen Food Waste Pails that comply with Collection Container specifications in 1361 Exhibit 4. If any changes to these specifications are adopted after the Effective Date that results in Contractor 1362 being required to replace Collection Containers before they have been fully depreciated, Contractor will be 1363 eligible for additional compensation in accordance with Section 6.07. 1364
10.05 Replacement of Carts. Contractor’s employees must take care to prevent damage to Carts 1365 by unnecessary rough treatment. However, any Cart damaged by the Contractor must be replaced by 1366 Contractor, at Contractor's expense, within five (5) Work Days at no cost or inconvenience to the Service 1367 Recipient. 1368
10.05.1 Upon notification to Contractor by City or a Service Recipient that the Service 1369 Recipient’s Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor 1370 must deliver a replacement Cart(s) to such Service Recipient within five (5) Work Days. Contractor must 1371 maintain records documenting all Cart replacements occurring and report through the Waste Reporting 1372 System monthly. 1373
10.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or 1374 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except 1375 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where 1376 Contractor elects to replace a Cart rather than repair it on-site, Contractor will be compensated for the cost 1377 of those replacements in excess of one (1) per type of Cart per Service Recipient during the term of the 1378 Agreement, in accordance with the “Cart Exchange” Service Rate set forth in Exhibit 1, or as may be 1379 adjusted by the City from time to time as provided under this Agreement. 1380
10.05.3 Contractor understands and agrees that this provision is intended to be applied on 1381 a per Cart type, individual Service Recipient basis and accordingly each Service Recipient could receive 1382 up to three (3) replacement Carts, one (1) of each type, every ten (10) years during the term of the contract. 1383
10.05.4 Repair of Garbage, Recycling and Organic Waste Carts. Contractor is responsible 1384 for the repair of Carts, including but not be limited to, hinged lids, wheels and axles. Within five (5) Work 1385 Days of notification by the City or a Service Recipient of the need for such repairs, Contractor must repair 1386 the Cart or if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service Recipient. 1387
10.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that 1388 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient 1389 within five (5) Work Days. Each SFD Service Unit is eligible to receive one (1) free Cart exchange per 1390 Calendar Year during the term of this Agreement for moving to a larger Cart size. Each SFD Service Unit 1391 is eligible to receive unlimited Cart exchanges per Calendar Year during the term of this Agreement for 1392 moving to a smaller Cart size. Accordingly, Contractor will be compensated only for the cost of those 1393 exchanges in excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in 1394 FINAL AGREEMENT Page 42 of 192
accordance with the “Cart Exchange” service rate as set forth in Exhibit 1 or as may be adjusted this 1395 Agreement. 1396
10.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service 1397 Recipient that additional Carts for Garbage, Recyclable Materials, or Organic Waste are requested, 1398 Contractor shall deliver such Carts to such Service Recipient within five (5) Work Days, at the rate set forth 1399 in Exhibit 1. 1400
10.05.7 Ownership of Carts. Ownership of Carts is vested in the Contractor. 1401
10.06 Cleaning of Collection Containers. Once each Calendar Year, if requested by the SFD 1402 Service Recipient, Contractor must clean all Collection Containers at the SFD’s premises or must replace 1403 the dirty Collection Containers with clean Collection Containers. Any Collection Container cleanings must 1404 be done in such a manner that results in no water entering the City’s storm drain system. This service must 1405 be provided at no charge to the Service Recipient, so long as the service is not requested more than once 1406 per Calendar Year. In addition, regardless of whether or not this cleaning is requested by the Service 1407 Recipient, Contractor will ensure that all Collection Containers are cleaned on an as-needed basis so as to 1408 maintain a clean appearance and proper function. Additional cleanings beyond once each Calendar Year 1409 will be subject to the Service Rate set forth in Exhibit 1. 1410
10.07 SFD Garbage Collection Service. This service is governed by the following terms and 1411 conditions: 1412
10.07.1 Non-Collection. Contractor is not required to Collect any Garbage that is not placed 1413 in a Garbage Cart. In the event of non-collection, Contractor will follow the steps set forth in Section 5.10. 1414
10.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of 1415 performing Collection Services must be transported to, and disposed of, at the Disposal Facilities listed in 1416 Exhibit 9. In the event the Disposal Facility is closed on a Work Day or excessive wait times are 1417 encountered, Contractor must transport and dispose of the Garbage at another legally permitted Disposal 1418 Facility. Notification to the City is required by the end of the same day should another facility be used. 1419 Failure to comply with this provision will result in the levy of a penalty as specified in Exhibit 6 and may 1420 result in Contractor being in default under this Agreement. 1421
10.08 SFD Recycling Service. This service is governed by the following terms and conditions: 1422
10.08.1 Overages. Corrugated cardboard that will not fit inside the Recycling Cart may 1423 shall be collected as a placed beside the Recycling Cart if flattened Large Item subject to sections 10.10.1 1424 and 10.10.2. City may direct the Contractor to deliver additional recycling carts if excessive collections are 1425 determined at a specific Service Recipient. 1426
10.08.2 Recycling - Improper Procedure. The Contractor is not required to Collect 1427 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid Waste 1428 or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are 1429 FINAL AGREEMENT Page 43 of 192
contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1430 Contractor must follow the steps set forth in Section 5.07. 1431
10.08.3 Materials Recovery Facility. Except as provided in Section 5.07, all Recyclable 1432 Materials collected as a result of performing recycling services must be delivered to the Materials Recovery 1433 Facility listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified 1434 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to 1435 materials processing and marketing will be the sole responsibility of Contractor. City has the right to 1436 designate Materials Recovery Facility. 1437
10.08.4 Move In/Out Collection Service. Within three (3) months of opening a new account, 1438 at no additional charge, each SFD customer may request that Contractor provide one on-call Move-In/Out 1439 Recyclable Material Collection Service for recyclable packaging materials such as flattened cardboard 1440 boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service for each 1441 new account. This service shall only include Recyclable Materials, and in the event that the Service 1442 Recipient includes Garbage in the materials set out for Collection by Contractor, this service shall be 1443 counted as one of the SFD Service Recipient’s free annual Large Item Collections as set forth in Section 1444
10.10. 1445
10.08.5 Recycling - Changes to Services. Should changes in Applicable Law arise that 1446 necessitate any additions or deletions to the services described in this Section 10.08, including the type of 1447 items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will enter 1448 into an Agreement amendment covering such modifications to the services to be performed and the 1449 compensation to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions 1450 to such services. 1451
10.09 SFD Organic Waste Collection Service. This service is governed by the following terms 1452 and conditions: 1453
10.09.1 Organic Waste Processing Services. Contractor must ensure that all Organic 1454 Waste Collected pursuant to this Agreement is diverted from the landfill in accordance with AB 939, AB 1455 1826, AB 1594, SB 1016 and SB 1383, and any subsequent or other Applicable Law. Contractor must 1456 ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in a landfill, except 1457 for residue resulting from processing. If the organics processing facility accepts bagged organic waste 1458 (where bags are biodegradable or otherwise), then Contractor is obligated to accept bagged Organic 1459 Waste. 1460
10.09.2 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1461 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Transfer Station, that has 1462 been listed in Exhibit 9 and agreed upon by the City. All expenses related to Organic Waste processing and 1463 marketing will be the sole responsibility of Contractor. Failure to comply with this provision will result in the 1464 levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement. 1465 City has the right to designate Organic Waste Processing Facility. 1466 FINAL AGREEMENT Page 44 of 192
10.09.3 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb 1467 for Collection during the three-week period beginning December 26th each year during the term of this 1468 Agreement. Contractor must deliver the Collected Holiday Trees to an appropriate Organic Waste 1469 Processing Facility for Diversion through uses other than Alternative Daily Cover or Beneficial Use. This 1470 annual service will be provided at no additional charge to the Service Recipient. Contractor is not required 1471 to divert Holiday Trees with tinsel, flocking or ornaments. 1472
10.09.4 Non-Collection. Contractor is not required to Collect Organic Waste if the Service 1473 Recipient does not segregate the Organic Waste from Solid Waste or Recyclable Materials. Furthermore, 1474 Contractor is not required to Collect Organic Wastes that are contaminated through commingling with Solid 1475 Waste or Recyclable Materials. Contractor will address contamination in accordance with Section 5.07. 1476
10.09.5 Manure Collection Service. Contractor shall Collect all Manure placed in an 1477 Organic Waste Container at least once per week, or more often if arranged between Service Recipient and 1478 Contractor. Service Recipients may be instructed not to fill the Containers above a specified line or weight, 1479 so as not to damage the Containers or Collection Vehicle, and City shall resolve any disputes regarding the 1480 maximum weight that may be accommodated in such Containers. All Manure collected shall be diverted 1481 from landfilling through composting or other means and may not be collected or commingled with Garbage. 1482
10.09.5.1 Manure Cart Collection. Contractor shall provide Manure 1483 Collection Service to any SFD Service Recipients that require and request a Cart for Manure Collection 1484 Service at no additional charge to the Service Recipient. 1485
10.09.5.2 Manure Bin Collection. Contractor shall provide Manure Collection 1486 Service to any SFD Service Recipients that require and request a Bin for Manure Collection Service at no 1487 additional charge to the Service Recipient. 1488
10.09.6 Home Compost Bins. Contractor shall store, promote, and distribute a maximum 1489 of 500 Home Compost Bins per Calendar Year to be used by Service Recipients to compost Organic Waste. 1490 Contractor is responsible for purchase of Home Compost Bins delivered to Contractor’s place of storage. 1491
10.10 SFD Large Item Collection Service. This service is governed by the following terms and 1492 conditions: 1493
10.10.1 Conditions of Service. Contractor must provide Large Item Collection Service to all 1494 SFD Service Units in the Service Area whose Large Items have been placed within three (3) feet of the 1495 curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed 1496 to by Contractor and Service Recipient, that will provide safe and efficient accessibility to Contractor's 1497 Collection crew and vehicle. Up to four (4) times per Calendar Year each Service Recipient is entitled to 1498 receive large item disposal amounting to a combined annual maximum of the equivalent of (a) 1.5 cubic 1499 yards of uncontainerized Solid Waste, or (b) three (3) large items, or (c) ten (10) 32-gallon bags at no 1500 additional cost and expense. For subsequent collection in any Calendar Year, the Contractor shall receive 1501 compensation from the customer at the rate for such service as set in Exhibit 1. 1502 Formatted: Font color: Auto, Not Strikethrough
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10.10.2 Frequency of Service. Large Item Collection Service will be provided on the next 1503 regular Collection day if the request is received at least two (2) Work Days in advance of the next regular 1504 Collection day. The Service Recipient may not intentionally commingle residential Large Items with other 1505 Residential Waste. 1506
10.10.3 Large Items Containing Freon. In the event Contractor Collects Large Items that 1507 contain Freon, Contractor must handle such Large Items in a manner such that the Large Items are not 1508 subject to regulation as hazardous waste under applicable State and Federal laws or regulations. 1509
10.10.4 Maximum Reuse and Recycling. Contractor must dispose of Large Items collected 1510 from Service Units pursuant to this Agreement in accordance with the following hierarchy: 1511
10.10.4.1 Reuse as is (where energy efficiency is not compromised) 1512
10.10.4.2 Disassemble for reuse or Recycling 1513
10.10.4.3 Recycle 1514
10.10.4.4 Disposal 1515
10.10.5 Disposal of Large Items. Contractor may not landfill such Large Items unless the 1516 Large Items cannot be reused or recycled. 1517
10.10.6 City Direction of Large Items. City reserves the right to direct Contractor to take 1518 specific types of Large Items Collected pursuant to this Section to designated sites not more than twenty 1519 (20) miles from any City boundary for the purpose of reuse or recycling at no cost. Contractor has no 1520 obligation to dispose of the Large Item residue remaining at the directed site or sites after scavengers and 1521 recyclers have removed reusable or recyclable Large Items. 1522
10.11 Sharps Collection Program. Home generated sharps, such as needles, syringes, and 1523 lancets shall be placed in a sharps container and removed from the regular waste stream to minimize 1524 exposure to Solid Waste workers and Recyclable Materials processors. To ensure sharps are handled in a 1525 appropriate manner, Contractor shall provide, upon request, each SFD Service Recipient with up to one 1526 postage-paid mail-back sharps container per year at no additional cost. Seniors shall be provided with up to 1527 two postage-paid mail-back sharps containers per year at no additional cost. In addition, Contractor shall 1528 promote this program in newsletters and in other forms of outreach as determined by City. Additionally, 1529 Contractor shall provide to the City on an annual basis not less than 200 postage-paid mail-back Sharps 1530 containers for City staff to distribute at special events. 1531
10.12 Extended Producer Responsibility Diversion Program. Contractor shall provide a minimum 1532 of two City-wide textile, carpet, and mattress collection drives on an annual basis. Contractor will schedule 1533 collection events with City approval and advertise the drop-off events not less than one week prior to the 1534 scheduled collection event, but no more than one month prior to the scheduled collection event. All textile, 1535 carpet and mattresses Collected through this program shall be diverted from the landfill either through 1536 donation to a local non-profit organization or through other means of Diversion. 1537 FINAL AGREEMENT Page 46 of 192
Article 11. MFD Service 1538
11.01 MFD Conditions of Service. Except as set forth below, Contractor must provide MFD 1539 Collection Services to all MFD Units in the Service Area. The MFD Services are governed by the following 1540 terms and conditions: 1541
11.01.1 Bundled MFD Cart Service. Except for those Service Recipients that choose to 1542 receive Bins for service, Contractor must provide MFD Collection Service to all MFD Service Units in the 1543 Service Area whose MFD Solid Waste is properly containerized in Garbage Carts, Recyclable Materials 1544 are properly containerized in Recycling Carts, except as set forth in Section 11.08.1; Organic Wastes are 1545 properly containerized in Organic Waste Carts, except as set forth in Section 11.09.3, where the Garbage, 1546 Recycling, and Organic Waste carts have been placed within three (3) feet of the curb, swale, paved surface 1547 of the public roadway, closest accessible roadway, or other such location agreed to by Contractor and 1548 Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and 1549 vehicle. 1550
11.01.2 Bundled MFD Bin Service. Contractor must provide MFD Solid Waste Collection 1551 Service to MFD Service Units in the Service Area that choose to receive Bins for service. MFD Collection 1552 Service shall be provided in Garbage Bins at the size and frequency as requested by the MFD Service 1553 Recipient, and including at no additional cost the equivalent volume of recycling, and one (1) 32-Gallon 1554 Organic Waste Cart per 2 cu yd of weekly Garbage service as part of the base bundled MFD Collection 1555 Service. MFD Service Recipients shall receive additional Recycling Carts and additional GreenOrganic 1556 Waste Carts to be included at no additional cost, if requested. The actual configuration of Recycling and 1557 Organic Waste Cart and/or Bin sizes shall be based on the total equivalent volume and configured in a 1558 manner determined by the Service Recipient in consultation with the Contractor. Additional services may 1559 be requested by the MFD Service Recipient. To be considered for an exemptedion from MFD Recycling 1560 Service or MFD Organic Waste Collection Service, Service Recipient must apply for exemption to the 1561 Contractor City. All such exemption applications must be reported in the Waste Reporting System and 1562 approved by the City. Pricing for downsizing Carts, or additional Carts, relative to the base Bundled Service 1563 are included in Exhibit 1. 1564
11.01.3 In-Ground Container Collection. Contractor shall continue to provide weekly Solid 1565 Waste Collection Service to MFD Service Recipients with in-ground Containers (“In-Ground Service”). 1566 Contractor shall remove such Containers form their in-ground housing, bring them to the Collection Vehicle 1567 for dumping, and return them to the in-ground housing, covered. Contractor shall not be obligated to provide 1568 Service Recipients In-Ground Service with Organic Waste Collection as set forth in Section 11.09. 1569 Contractor is not obligated to restart In-Ground Service after Bundled MFD Cart Service is started. 1570 Maximum Service Rates for Service Recipients receiving Collection Service with in-ground Containers are 1571 set forth in Exhibit 1. 1572
11.01.4 On-Premises Service. Notwithstanding any term or definition set forth in this 1573 Agreement, Contractor must provide Collection of MFD Garbage, Recycling, and Organic Waste on the 1574 MFD Service Recipients premises to an MFD Service Unit as follows. 1575 Formatted: Font color: Auto, Not Strikethrough
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11.01.4.1 At no additional cost to the MFD Service Unit. MFD Service Units 1576 where all adult Service Recipients residing therein have disabilities that prevent them from setting their 1577 Garbage, Recycling or Organic Waste Cart at the curb for Collection, and if a request for on-premises 1578 service has been made. Contractor shall have the right to verify eligibility. In the event of a dispute between 1579 Contractor and Service Recipient, City shall have the right to make final determination. 1580
11.01.4.1 1581
11.01.4.2 At an additional cost to the MFD Service Unit. 1582 A. MFD Service Units where topography, steep driveways, below grade dwellings, or 1583 limited access to public streets that prevents the MFD Service Recipient from setting their Garbage, 1584 Recycling or Organic Waste Cart at the curb for Collection, as determined by the City and agreed by the 1585 Contractor, and if a request for on-premises service has been made. 1586 B. MFD Service Units inaccessible by standard 3 or 4 axel Collection Vehicles as 1587 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the 1588 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult 1589 or impossible to access using regular trash collection trucks. 1590 C. Contractor must offer “push services” to MFD Service Recipients other than those 1591 listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push services 1592 include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers 1593 from their storage location for Collection and returning the Collection Containers back to their storage 1594 location. 1595
11.01.4.3 Contractor must provide on-premises Collection Service on the 1596 same Work Day that curbside Collection would otherwise be provided to the MFD Service Unit. 1597
11.02 Frequency and Scheduling of Service. This service must be provided as deemed 1598 necessary and determined between Contractor and the MFD Service Unit, but such service must be received 1599 no less than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection 1600 service scheduled to fall on a holiday may be rescheduled as determined between the Service Unit and 1601 Contractor as long as the minimum frequency requirement is met. The size of the container and the 1602 frequency (above the minimum) of Collection will be determined between the MFD Service Unit and 1603 Contractor. However, size and frequency must be sufficient to provide that no Solid Waste need be placed 1604 outside the Collection Container. Contractor must provide containers as part of the Commercial Collection 1605 Maximum Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own Compactor 1606 provided that the Service Recipient is completely responsible for its proper maintenance, and such 1607 Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers used 1608 by Service Recipients must be owned and supplied by Contractor. 1609
11.03 Manner of Collection. The Contractor must provide Collection Service with as little 1610 disturbance as possible and must leave any Garbage, Recycling or Organic Waste Cart in an upright position 1611 at the same point it was Collected without obstructing alleys, roadways, driveways, sidewalks or mail boxes. 1612 Contractor’s employees providing Collection Service must follow the regular walk for pedestrians while on 1613 Formatted: Indent: Left: 1.5", No bullets or numbering FINAL AGREEMENT Page 48 of 192
private property and may not trespass nor cross property to the adjoining premises unless the occupant or 1614 owner of both properties has given permission. Care should be taken to prevent damage to property, 1615 including flowers, shrubs, and other plantings. 1616
11.04 New Carts and Kitchen Food Waste Pails. At the start of this Agreement, Contractor must 1617 supply new Carts and Kitchen Food Waste Pails that comply with Collection Container specifications in 1618 Exhibit 4. If any changes to these specifications are adopted after the Effective Date that results in Contractor 1619 being required to replace Collection Containers before they have been fully depreciated, Contractor will be 1620 eligible for additional compensation in accordance with Section 6.07. 1621
11.05 Replacement of Carts. Contractor’s employees must take care to prevent damage to Carts 1622 by unnecessary rough treatment. However, any Cart damaged by the Contractor must be replaced by 1623 Contractor, at Contractor's expense, within five (5) Work Days at no cost or inconvenience to the Service 1624 Recipient. 1625
11.05.1 Upon notification to Contractor by City or a Service Recipient that the Service 1626 Recipient’s Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor 1627 must deliver a replacement Cart(s) to such Service Recipient within five (5) Work Days. Contractor must 1628 maintain records documenting all Cart replacements occurring and report through the Waste Reporting 1629 System monthly. 1630
11.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or 1631 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except 1632 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where 1633 Contractor elects to replace a Cart rather than repair it on-site, Contractor will be compensated for the cost 1634 of those replacements in excess of one (1) per type of Cart per Service Recipient during the term of the 1635 Agreement, in accordance with the “Cart Exchange” Service Rate set forth in Exhibit 1, or as may be 1636 adjusted by the City from time to time as provided under this Agreement. 1637
11.05.3 Contractor understands and agrees that this provision is intended to be applied on 1638 a per Cart type, individual Service Recipient basis and accordingly each Service Recipient could receive 1639 up to three (3) replacement Carts, one (1) of each type, every ten (10) years during the term of the contract. 1640
11.05.4 Repair of Garbage, Recycling and Organic Waste Carts. Contractor is responsible 1641 for the repair of Carts, including but not be limited to, hinged lids, wheels and axles. Within five (5) Work 1642 Days of notification by the City or a Service Recipient of the need for such repairs, Contractor must repair 1643 the Cart or if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service Recipient. 1644
11.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that 1645 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient 1646 within five (5) Work Days. Each MFD Service Unit is eligible to receive one (1) free Cart exchange per 1647 Calendar Year during the term of this Agreement for moving to a larger Cart size. Each MFD Service Unit 1648 is eligible to receive unlimited Cart exchanges per Calendar Year during the term of this Agreement for 1649 moving to a smaller Cart size. Accordingly, Contractor will be compensated only for the cost of those 1650 FINAL AGREEMENT Page 49 of 192
exchanges in excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in 1651 accordance with the “Cart Exchange” service rate as set forth in Exhibit 1 or as may be adjusted this 1652 Agreement. 1653
11.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service 1654 Recipient that additional Carts for Garbage, Recyclable Materials, or Organic Waste are requested, 1655 Contractor shall deliver such Carts to such Service Recipient within five (5) Work Days, at the rate set forth 1656 in Exhibit 1. 1657
11.05.7 Ownership of Carts. Ownership of Carts is vested in the Contractor. 1658
11.06 Cleaning of Collection Containers. Once each Calendar Year, if requested by the MFD, 1659 Contractor must clean all Collection Containers at the MFD’s premises or must replace the dirty Collection 1660 Containers with clean Collection Containers. Any Collection Container cleanings must be done in such a 1661 manner that results in no water entering the City’s storm drain system. This service must be provided at no 1662 charge to the Service Recipient, so long as the service is not requested more than once per Calendar Year. 1663 In addition, regardless of whether or not this cleaning is requested by the Service Recipient, Contractor will 1664 ensure that all Collection Containers are cleaned on an as-needed basis so as to maintain a clean 1665 appearance and proper function. Additional cleanings beyond once each Calendar Year will be subject to 1666 the Service Rate set forth in Exhibit 1. 1667
11.07 MFD Garbage Collection Service. This service is governed by the following terms and 1668 conditions: 1669
11.07.1 Non-Collection. Contractor is not required to Collect any Garbage that is not placed 1670 in a Garbage Cart. In the event of non-collection, Contractor will follow the steps set forth in Section 5.10. 1671
11.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of 1672 performing Collection Services must be transported to, and disposed of, at the Disposal Facilities listed in 1673 Exhibit 9. In the event the Disposal Facility is closed on a Work Day, Contractor must transport and dispose 1674 of the Garbage at another legally permitted Disposal Facility. Failure to comply with this provision will result 1675 in the levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this 1676 Agreement. 1677
11.08 MFD Recycling Service. This service is governed by the following terms and conditions: 1678
11.08.1 Overages. Corrugated cardboard that will not fit inside the Recycling Cart may be 1679 placed beside the Recycling Cart if flattened. may shall be collected as a placed beside the Recycling Cart 1680 if flattened Large Item subject to sections 10.10.1 and 10.10.2. City may direct the Contractor to deliver 1681 additional recycling carts if excessive collections are determined at a specific Service Recipient. 1682
11.08.2 1683
11.08.311.08.2 Recycling - Improper Procedure. The Contractor is not required to Collect 1684 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid Waste 1685 Formatted: No bullets or numbering
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or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are 1686 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1687 Contractor must follow the steps set forth in Section 5.07. 1688
11.08.411.08.3 Materials Recovery Facility. Except as provided in Section 5.07, all 1689 Recyclable Materials collected as a result of performing recycling services must be delivered to the 1690 Materials Recovery Facility listed in Exhibit 9. Failure to comply with this provision will result in the levy of 1691 a penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement. All 1692 expenses related to materials processing and marketing will be the sole responsibility of Contractor. City 1693 has the right to designate Materials Recovery Facility. 1694
11.08.511.08.4 Move In/Out Collection Service. Within three (3) months of opening a new 1695 account, at no additional charge, each MFD customer may request that Contractor provide one on-call 1696 Move-In/Out Recyclable Material Collection Service for recyclable packaging materials such as flattened 1697 cardboard boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service 1698 for each new account. This service shall only include Recyclable Materials, and in the event that the Service 1699 Recipient includes Garbage in the materials set out for Collection by Contractor, this service shall be 1700 counted as one of the MFD Service Recipient’s free annual Large Item Collections as set forth in Section 1701
11.10. 1702
11.08.611.08.5 Recycling - Changes to Services. Should changes in Applicable Law arise 1703 that necessitate any additions or deletions to the services described in this Section 11.08, including the 1704 type of items included as Recyclable Materials, the parties will negotiate any necessary cost changes and 1705 will enter into an Agreement amendment covering such modifications to the services to be performed and 1706 the compensation to be paid in accordance with Section 30.01.1 before undertaking any changes or 1707 revisions to such services. 1708
11.09 MFD Organic Waste Collection Service. This service is governed by the following terms 1709 and conditions: 1710
11.09.1 Organic Waste Processing Services. Contractor must ensure that all Organic 1711 Waste Collected pursuant to this Agreement is diverted from the landfill in accordance with AB 939, AB 1712 1826, AB 1594, SB 1016 and SB 1383, and any subsequent or other Applicable Law. Contractor must 1713 ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in a landfill, except 1714 for residue resulting from processing. If the organics processing facility accepts bagged organic waste 1715 (where bags are biodegradable or otherwise), then Contractor is obligated to accept bagged Organic 1716 Waste. 1717
11.09.2 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1718 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Transfer Station, that has 1719 been listed in Exhibit 9 and agreed upon by the City. All expenses related to Organic Waste processing and 1720 marketing will be the sole responsibility of Contractor. Failure to comply with this provision will result in the 1721 levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement. 1722 City has the right to designate Organic Waste Processing Facility. 1723 FINAL AGREEMENT Page 51 of 192
11.09.3 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb 1724 for Collection during the three-week period beginning December 26th each year during the term of this 1725 Agreement. Contractor must deliver the Collected Holiday Trees to an appropriate Organic Waste 1726 Processing Facility for Diversion through uses other than Alternative Daily Cover or Beneficial Use. This 1727 annual service will be provided at no additional charge to the Service Recipient. Contractor is not required 1728 to divert Holiday Trees with tinsel, flocking or ornaments. 1729
11.09.4 Non-Collection. Contractor is not required to Collect Organic Waste if the Service 1730 Recipient does not segregate the Organic Waste from Solid Waste or Recyclable Materials. Furthermore, 1731 Contractor is not required to Collect Organic Wastes that are contaminated through commingling with Solid 1732 Waste or Recyclable Materials. Contractor will address contamination in accordance with Section 5.07. 1733
11.09.5 Manure Collection Service. Contractor shall Collect all Manure placed in an 1734 Organic Waste Container at least once per week, or more often if arranged between Service Recipient and 1735 Contractor. Service Recipients may be instructed not to fill the Containers above a specified line or weight, 1736 so as not to damage the Containers or Collection Vehicle, and City shall resolve any disputes regarding the 1737 maximum weight that may be accommodated in such Containers. All Manure collected shall be diverted 1738 from landfilling through composting or other means and may not be collected or commingled with Garbage. 1739
11.09.5.1 Manure Cart Collection. Contractor shall provide Manure Collection 1740 Service to any MFD Service Recipients that require and request a Cart for Manure Collection Service at no 1741 additional charge to the Service Recipient. 1742
11.09.5.2 Manure Bin Collection. Contractor shall provide Manure Collection 1743 Service to any MFD Service Recipients that require and request a Bin for Manure Collection Service at no 1744 additional charge to the Service Recipient. 1745
11.09.6 Home Compost Bins. Contractor shall store, promote, and distribute a maximum 1746 of 500 Home Compost Bins per Calendar Year to be used by Service Recipients to compost Organic Waste. 1747 Contractor is responsible for purchase of Home Compost Bins delivered to Contractor’s place of storage. 1748
11.10 MFD Large Item Collection Service. This service is governed by the following terms and 1749 conditions: 1750
11.10.1 Conditions of Service. Contractor must provide Large Item Collection Service to all 1751 MFD Service Units in the Service Area whose Large Items have been placed within three (3) feet of the 1752 curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed 1753 to by Contractor and Service Recipient, that will provide safe and efficient accessibility to Contractor's 1754 Collection crew and vehicle. Up to four (4) times per Calendar Year each Service Recipient is entitled to 1755 receive large item disposal amounting to a combined annual maximum of the equivalent of (a) 1.5 cubic 1756 yards of uncontainerized Solid Waste, or (b) three (3) large items, or (c) ten (10) 32-gallon bags at no 1757 additional cost and expense. For subsequent collection in any Calendar Year, the Contractor shall receive 1758 compensation from the customer at the rate for such service as set in Exhibit 1. 1759 Formatted: Font color: Auto, Not Strikethrough
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11.10.2 Frequency of Service. Large Item Collection Service will be provided on the next 1760 regular Collection day if the request is received at least two (2) Work Days in advance of the next regular 1761 Collection day. The Service Recipient may not intentionally commingle residential Large Items with other 1762 Residential Waste. 1763
11.10.3 Large Items Containing Freon. In the event Contractor Collects Large Items that 1764 contain Freon, Contractor must handle such Large Items in a manner such that the Large Items are not 1765 subject to regulation as hazardous waste under applicable State and Federal laws or regulations. 1766
11.10.4 Maximum Reuse and Recycling. Contractor must dispose of Large Items collected 1767 from Service Units pursuant to this Agreement in accordance with the following hierarchy: 1768
11.10.4.1 Reuse as is (where energy efficiency is not compromised) 1769
11.10.4.2 Disassemble for reuse or Recycling 1770
11.10.4.3 Recycle 1771
11.10.4.4 Disposal 1772
11.10.5 Disposal of Large Items. Contractor may not landfill such Large Items unless the 1773 Large Items cannot be reused or recycled. 1774
11.10.6 City Direction of Large Items. City reserves the right to direct Contractor to take 1775 specific types of Large Items Collected pursuant to this Section to designated sites not more than twenty 1776 (20) miles from any City boundary for the purpose of reuse or recycling at no cost. Contractor has no 1777 obligation to dispose of the Large Item residue remaining at the directed site or sites after scavengers and 1778 recyclers have removed reusable or recyclable Large Items. 1779 1780
11.11 Sharps Collection Program. Home generated sharps, such as needles, syringes, and 1781 lancets shall be placed in a sharps container and removed from the regular waste stream to minimize 1782 exposure to Solid Waste workers and Recyclable Materials processors. To ensure sharps are handled in 1783 an appropriate manner, Contractor shall provide, upon request, each MFD Service Recipient with up to 1784 one postage-paid mail-back sharps container per year at no additional cost. Seniors shall be provided 1785 with up to two postage-paid mail-back sharps containers per year at no additional cost. In addition, 1786 Contractor shall promote this program in newsletters and in other forms of outreach as determined by 1787 City. 1788
1789
Article 12. Commercial Service 1790
12.01 Commercial Conditions of Service. Except as set forth below, Contractor must provide 1791 Commercial Collection Services to all Commercial Service Units in the Service Area, including MXD Service 1792 Units and those City Service Units listed in Exhibit 3. MFD Units serviced with Bins will abide by the 1793 guidelines listed in this Section but are serviced as part of the Residential Collection Service. This service is 1794 governed by the following terms and conditions: 1795
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12.01.1 Provision of Service. Contractor must provide Commercial Garbage Collection 1796 Service, Commercial Recycling Service and Commercial Organic Waste Collection Service to all 1797 Commercial Service Units Service Units in the Service Area whose Solid Waste, Recyclable Materials, and 1798 Organics Waste are properly containerized in Collection Containers as appropriate where the Collection 1799 Containers are accessible as set forth in Section 12.01.4. Contractor must offer Garbage, Recyclable 1800 Materials, and Organic Waste Carts in 32, 64, and 96-gallon sizes. Contractor must offer Garbage and 1801 Recyclable Materials Bins in 1, 2, 3, 4, and 6-cubic yard sizes and 1, 2, and 32-cubic yard sizes for Organic 1802 Waste Bins. Contractor may offer Roll-off Containers in 10, 20, 30, and 40-cubic yard sizes, and Collection 1803 from Compactors. The size of the container and the frequency (above the minimum) of Collection will be 1804 determined between the Service Recipient and Contractor. However, the size and frequency must be 1805 sufficient to provide that no Garbage, Recyclable Materials, or Organic Waste need be placed outside the 1806 Collection Container. The base Commercial Collection Service will include Commercial Recycling Service 1807 as described in Section 12.04.2 below, and Commercial Organic Waste Collection Service as described in 1808 Section 12.05.5 below. All bins to be labeled with maximum weight limits. If the bins are found to be over 1809 the weight limit, the Contractor may choose to not service the bin. The service account holder must be 1810 notified within 24 hours by the Contractor identifying which bin is over the weight limit. 1811 1812
12.01.2 Bundled Service. For the Commercial Solid Waste Collection Service system, 1813 Contractor shall provide Garbage Bins as requested by the Commercial Service Recipient, and including 1814 at no additional cost the equivalent volume of recycling, and one (1) 32-Gallon Organic Waste Cart per 2 1815 cu yd of weekly garbage trash (garbage plus recycling) service as part of the base bundled Commercial 1816 Collection Service. The actual configuration of Recycling and Organic Waste Cart and/or Bin sizes shall be 1817 based on the total equivalent volume and configured in a manner determined by the Service Recipient in 1818 consultation with the Contractor. Additional services may be requested by the Commercial Service 1819 Recipient. To be exempted from Commercial Recycling Service or Commercial Organic Waste Collection 1820 Service, Service Recipient must apply for exemption to the Contractor. City.All such exemption applications 1821 must be reported in the Waste Reporting System and approved by the City. 1822
12.01.3 Hours of Collection. Commercial Collection Service must be provided as set forth 1823 in Section 15.44.600 of the Municipal Code, commencing no earlier than 5:00 a.m., and terminating no later 1824 than 7:00 p.m., Monday through Saturday, except for Holidays. If the Commercial Collection Service is 1825 adjacent to Residential Premises, then collection service will be provided no earlier than 7:00 a.m. Monday 1826 through Friday and 8:00am on Saturday. The hours, day, or both of Collection may be extended due to 1827 extraordinary circumstances or conditions with the prior verbal or written consent of the Agreement 1828 Administrator. 1829
12.01.4 Accessibility. Contractor must Collect all Collection Containers that are readily 1830 accessible to Contractor's crew and vehicles and not blocked. However, Contractor must provide “push 1831 services” and “stinger/scout truck services” as necessary upon request during the provision of Commercial 1832 Collection Services for the Service Rate set forth in Exhibit 1. Push services include, but are not limited to, 1833 dismounting from the Collection Vehicle, moving the Collection Containers from their storage location for 1834 Collection and returning the Collection Containers back to their storage location. Stinger/scout truck 1835 FINAL AGREEMENT Page 54 of 192
services provide for the retrieval of Collection Containers from locations with accessibility constraints that 1836 make Containers difficult or impossible to access using regular trash collection trucks. 1837
12.01.5 Manner of Collection. Contractor must provide Commercial Collection Service with 1838 as little disturbance as possible and must leave any Collection Container at the same point it originally 1839 located without obstructing alleys, roadways, driveways, sidewalks or mail boxes. 1840
12.02 New Containers. At the start of this Agreement, Contractor must supply new Carts and 1841 newly painted Bins and Roll-off Containers in good condition that comply with Collection Container 1842 specifications in Exhibit 4. If any changes to these specifications are adopted after the Effective Date that 1843 results in Contractor being required to replace Collection Containers before they have been fully depreciated, 1844 Contractor will be eligible for additional compensation in accordance with Section 30.01.1. 1845
12.02.1 Purchase and Distribution of Collection Containers for New Commercial Service 1846 Units. Contractor must also distribute newly painted Collection Containers as specified in Exhibit 4 to new 1847 Commercial and MFD/MXD Service Units that are added to Contractor’s Service Area during the term of 1848 this Agreement. The size and mix of the Collection Containers will be in accordance with the service 1849 agreement obtained by Contractor as set forth in this Agreement and the distribution must be completed 1850 within five (5) Work Days of receipt of the request for service. 1851
12.02.2 Replacement of Collection Containers. Contractor’s employees must avoid 1852 damage to Collection Containers by unnecessary rough treatment. Any Collection Container damaged by 1853 the Contractor must be replaced by Contractor, at Contractor's expense, within five (5) Work Days at no 1854 cost or inconvenience to the Service Recipient. 1855
12.02.2.1 Each Commercial Service Unit is entitled to the replacement of 1856 one (1) lost, destroyed, or stolen Garbage, Recycling, and Organic Collection Container during the initial 1857 term of this Agreement at no cost to the Service Unit. Accordingly, Contractor will be compensated for the 1858 cost of those replacements in excess of one (1) Garbage, Recycling, and Organic Collection Container per 1859 Commercial Service Unit during the initial term of the Agreement, in accordance with the “Collection 1860 Container Exchange” Service Rate, as appropriate, set forth in Exhibit 1. Contractor must deliver a 1861 replacement Collection Container to such Service Unit within five (5) Work Days. 1862
12.02.3 Repair of Collection Containers. Contractor is responsible for repair of Collection 1863 Containers. Within five (5) Work Days of notification by City or a Service Recipient of the need for such 1864 repairs, Contractor must repair/repaint the Collection Container or if necessary, remove the Collection 1865 Container for repairs and deliver a replacement Collection Container to the Service Recipient. Collection 1866 Container repair also includes the removal of graffiti from the Collection Container. 1867
12.02.4 Collection Container Exchange. Upon notification to Contractor by City or a Service 1868 Recipient that a change in their Collection Containers is required, Contractor must deliver such Collection 1869 Containers to such Service Recipient within five (5) Work Days. Each Commercial Service Unit is eligible 1870 to receive one (1) free Collection Container exchange per Calendar Year during the term of this Agreement. 1871 Contractor is allowed to charge the Service Unit for the cost of those exchanges in excess of one (1) 1872 FINAL AGREEMENT Page 55 of 192
Collection Container exchange per Calendar Year, in accordance with the appropriate “Collection Container 1873 Exchange” service rate set forth in Exhibit 1 as may be adjusted by City under this Agreement. Additional 1874 Collection Containers or different size Collection Containers are subject to the applicable Service Rate set 1875 forth in Exhibit 1. 1876
12.02.5 Ownership of Collection Containers. Ownership of Collection Containers 1877 distributed by Contractor is vested in Contractor. 1878
12.02.6 Cleaning of Collection Containers. Once each Calendar Year, if requested by the 1879 Commercial Service Unit, Contractor must clean all Collection Containers at the Commercial Service Unit’s 1880 premises or must replace the dirty Collection Containers with clean Collection Containers. Any Collection 1881 Container cleanings must be done in such a manner that results in no water entering the City’s storm drain 1882 system. This service must be provided at no charge to the Service Unit, so long as the service is not 1883 requested more than once per Calendar Year. In addition, regardless of whether or not this cleaning is 1884 requested by the Service Unit, Contractor will ensure that all Collection Containers are cleaned on an as-1885 needed basis so as to maintain a clean appearance and proper function. Additional cleanings beyond once 1886 each Calendar Year will be subject to the Service Rate set forth in Exhibit 1. 1887
12.03 Commercial Garbage Collection Service. 1888
12.03.1 Conditions of Service. Contractor must provide Commercial Garbage Collection 1889 Service to all Commercial Service Units in the Service Area whose Garbage is properly containerized in 1890 Garbage Collection Containers, where the Garbage Collection Containers are accessible. 1891
12.03.2 Size and Frequency of Service. This service must be provided as deemed 1892 necessary and determined between Contractor and the Commercial Service Unit, but such service must 1893 be received no less than one (1) time per week with no exception for holiday(s) as set forth herein, except 1894 that Collection service scheduled to fall on a holiday may be rescheduled as determined between the 1895 Service Unit and Contractor as long as the minimum frequency requirement is met. The size of the container 1896 and the frequency (above the minimum) of Collection will be determined between the Commercial Service 1897 Unit and Contractor. However, size and frequency must be sufficient to provide that no Solid Waste need 1898 be placed outside the Collection Container. Contractor must provide containers as part of the Commercial 1899 Collection Maximum Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own 1900 Compactor provided that the Service Recipient is completely responsible for its proper maintenance, and 1901 such Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers 1902 used by Service Recipients must be owned and supplied by Contractor. 1903
12.03.3 Non-Collection. Contractor is not required to Collect any Commercial Solid Waste 1904 that is not placed in a Garbage Collection Container unless such Commercial Solid Waste is outside the 1905 Garbage Collection Container because of overflow. In the event of non-collection or overflow, Contractor 1906 must follow the steps as set forth in Section 5.13. 1907
12.03.4 Disposal Facility. All Solid Waste collected as a result of performing Commercial 1908 Solid Waste Collection Services must be transported to, and disposed of, at the Disposal Facility. In the 1909 FINAL AGREEMENT Page 56 of 192
event the Disposal Facility is closed on a Work Day, Contractor must transport and dispose of Solid Waste 1910 at another legally permitted disposal facility. Failure to comply with this provision will result in the levy of a 1911 penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement. City 1912 has the right to designate Disposal Facility and agrees to adjust Maximum Service Rates to reflect City’s 1913 exercise of flow control rights. 1914
12.04 Commercial Recycling Service. This service is governed by the following terms and 1915 conditions: 1916
12.04.1 Conditions of Service. Contractor must provide Commercial Recycling Service to 1917 all Commercial Service Units in the Service Area whose Recyclable Materials are properly containerized in 1918 Recycling Collection Containers except as set forth below, where the Recycling Collection Containers are 1919 accessible. The Maximum Service Rates for Contractor’s Commercial Recycling Services are set forth in 1920 Exhibit 1. 1921
12.04.2 Base Commercial Recycling Service. All Commercial Service Recipients 1922 subscribing to Commercial Solid Waste Collection Service must receive weekly collection of Recycling 1923 Materials with a minimum of at least one 96-gallon Recycling Cart per Service Recipient and included in 1924 the Bundled Rate set forth in Exhibit 1. The actual configuration of Recycling Collection Container sizes to 1925 be provided will be based on the total equivalent volume and configured in a manner determined by the 1926 Service Recipient in consultation with Contractor. 1927
12.04.3 Size and Frequency of Service. This service will be provided as deemed necessary 1928 and determined between Contractor and the Service Recipient, but such service must be received no less 1929 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service 1930 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and 1931 Contractor as long as the minimum frequency requirement is met. Service may be provided by Collection 1932 Container at the option of the Service Recipient. The size of the Collection Container and the frequency 1933 (above the minimum) of Collection will be determined between the Service Recipient and Contractor. 1934 However, size and frequency must be sufficient to provide that no Recyclable Materials need be placed 1935 outside the Collection Container. Contractor may charge for Commercial Recycling Services above the 1936 weekly trash volume equivalent and must provide Recycling Collection Containers as a part of the Bundled 1937 Service with rates set forth in Exhibit 1. Service Recipients may own and provide their own Compactor 1938 provided that the Service Recipient is completely responsible for its proper maintenance, and such 1939 Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers used 1940 by Service Recipients must be owned and supplied by Contractor. 1941
12.04.4 Recycling - Improper Procedure. Contractor is not required to Collect Recyclable 1942 Materials if the Service Recipient does not segregate the Recyclable Materials from Commercial Solid 1943 Waste and Organic Waste. Furthermore, Contractor is not required to collect Recyclable Materials that are 1944 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1945 Contractor must follow the steps as set forth in Section 5.07. 1946 FINAL AGREEMENT Page 57 of 192
12.04.5 Materials Recovery Facility. All Recyclable Materials Collected as a result of 1947 performing Recycling Services must be delivered to the Materials Recovery Facility listed in Exhibit 9. 1948 Failure to comply with this provision will result in the levy of a penalty as specified in Exhibit 6 and may 1949 result in Contractor being in default under this Agreement. All expenses related to materials processing and 1950 marketing will be the sole responsibility of Contractor. City has the right to designate Materials Recovery 1951 Facility and agrees to adjust Maximum Service Rates to reflect City’s exercise of flow control rights. 1952
12.04.6 Recycling - Changes to Work. Should changes in law arise that necessitate any 1953 additions or deletions to the work described herein including the type of items included as Recyclable 1954 Materials, the parties will negotiate any necessary cost changes and will enter into an Agreement 1955 amendment covering such modifications to the work to be performed and the compensation to be paid in 1956 accordance with Section 30.01.1 before undertaking any changes or revisions to such work. 1957
12.04.7 Compliance with AB 341 & SB 1383. Contractor will develop and maintain its 1958 Commercial Recycling Service in a manner designed to assist City and the Service Recipients to achieve 1959 and maintain compliance with AB 341 and SB 1383. Contractor will notify Commercial Service Recipients 1960 of the requirements to comply with the laws in November 2023, and not less than annually thereafter. 1961 Contractor must provide the necessary volume of Collection Service to Commercial Service Units in order 1962 to be in full compliance with the law. In conjunction with the City’s ordinance supporting full compliance with 1963 AB 341 and SB 1383 by Commercial Service Units (i.e., “generators”), Contractor will conduct in-person 1964 outreach to all non-participating commercial covered generators a minimum of once per calendar year. 1965 Failure to conduct such outreach will result in a penalty as specified in Exhibit 6. 1966
12.04.8 Additional Recycling Collection containers. Contractor must provide additional 1967 Recycling Collection Containers to Commercial Service Recipients above the minimum requirements within 1968 five (5) days of request and may charge for such additional capacity set forth in Exhibit 1 provided that 1969 additional Collection Containers are used by Service Recipients for the purposes of setting out additional 1970 Recyclable Materials for regular weekly Commercial Recycling Service. 1971
12.05 Commercial Organic Waste Collection Service. This service is governed by the following 1972 terms and conditions: 1973
12.05.1 Conditions of Service. Contractor must provide Commercial Organic Waste 1974 Collection Service to all Commercial Service Units in the Service Area whose Organic Waste is properly 1975 containerized in Organic Collection Containers, where the Organic Waste Collection Containers are 1976 accessible. Contractor will conduct a site visit with each non-exempt Service Recipient to determine the 1977 specific materials to be included the Service Recipient’s Organic Waste Collection (i.e., Food Waste, Green 1978 Waste, combined Food and Green Waste). Contractor will charge for collection of Organic Waste within the 1979 Bundled Service rate specified in Exhibit 1. For Organic Waste collected in Collection Containers beyond 1980 the size specified in the Bundled Service rate, Contractor will charge at the rate set forth in Exhibit 1. 1981 Contractor agrees that not all Service Units will elect to receive Organic Waste Collection Service in Carts, 1982 and that Contractor will provide Organic Waste Collection Bins upon request and as necessary. Service 1983 Recipients may elect to add Green Waste only Collection Bins to their service at pricing included in Exhibit 1984
1. Contractor will provide a sufficient number of Collection Containers and at a collection frequency to allow 1985 FINAL AGREEMENT Page 58 of 192
for any such Service Unit to utilize the collection of Organic Waste. Commercial Organic Waste Collection 1986 will occur Monday through Saturday upon request and as necessary. City shall provide Contractor a list of 1987 the names and addresses of Commercial Service Units that are approved by City for exemption from 1988 Organic Waste Collection. 1989
12.05.2 Organic Waste Processing Services. Contractor must ensure that all Organic 1990 Waste Collected pursuant to this Agreement is diverted from the landfill in accordance with AB 939, AB 1991 1826, AB 1594, SB 1016 and SB 1383, and any subsequent or other Applicable Law. Contractor must 1992 ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in a landfill, except 1993 for residue resulting from processing. If the organics processing facility accepts bagged organic waste, then 1994 Contractor is obligated to accept bagged Organic Waste. 1995
12.05.3 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1996 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Organic Waste transfer 1997 station listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified 1998 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to 1999 Organic Waste processing and marketing will be the sole responsibility of Contractor. City has the right to 2000 designate Organic Waste Processing Facility and agrees to adjust Maximum Service Rates to reflect City’s 2001 exercise of flow control rights. 2002
12.05.4 Organic Waste Collection Frequency. Contractor must comply with CalRecycle 2003 collection frequency requirements as they may apply during the term of this Agreement. If any such changes 2004 to collection frequency are adopted after Effective Date that result in Contractor being allowed to reduce 2005 the frequency of Garbage or Organic Waste Collection, or otherwise cause Contractor to reduce its 2006 collection costs as a result in a change in Garbage or Organic Waste collection frequency, Contractor must 2007 provide City with its estimate of reduced its costs and shall make adjustments to the Maximum Service 2008 Rates. 2009
12.05.5 Base Commercial Organic Waste Service. All Commercial Service Recipients 2010 subscribing to Commercial Garbage Collection Service must receive weekly collection of the equivalent 2011 volume of at least one (1) 32-gallon Organic Waste Cart per Service Recipient included in the Bundled 2012 Service rate. The actual configuration of Organic Waste Collection Container sizes to be provided will be 2013 based on the total equivalent volume and configured in a manner determined by the Service Recipient in 2014 consultation with Contractor. Contractor may charge for Commercial Organic Waste Collection as set forth 2015 in Exhibit 1 for Commercial Organic Waste Service greater than the base 32-gallon Organic Waste Cart. 2016
12.05.6 Size and Frequency of Service. This service will be provided as deemed necessary 2017 and determined between Contractor and the Service Recipient, but such service must be received no less 2018 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service 2019 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and 2020 Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin or Cart 2021 at the option of the Service Recipient. The size of the container and the frequency (above the minimum) of 2022 Collection will be determined between the customer and Contractor. However, size and frequency must be 2023 sufficient to provide that no Organic Waste needs be placed outside the Collection Container. Service 2024 FINAL AGREEMENT Page 59 of 192
Recipients may own and provide their own Compactor provided that the Service Recipient is completely 2025 responsible for its proper maintenance, and such Compactor is of a type that is compatible with Contractor's 2026 equipment. All other Collection Containers used by Service Recipients must be owned and supplied by 2027 Contractor. 2028
12.05.7 Organic Waste - Improper Procedure. Contractor is not required to Collect Organic 2029 Waste if the Service Recipient does not separate the Organic Waste from Solid Waste and Recyclable 2030 Materials. Furthermore, Contractor is not required to collect Organic Waste that is contaminated through 2031 commingling with Solid Waste or Recyclable Materials. To address contamination, Contractor must follow 2032 the steps set forth in Section 5.07. 2033
12.05.8 Organic Waste - Changes to Services. Should changes in law arise that 2034 necessitate any additions or deletions to the services described in this Section including the type of items 2035 included as Organic Waste, the parties will negotiate any necessary cost changes and will enter into an 2036 Agreement amendment covering such modifications to the services to be performed and the compensation 2037 to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions to such services. 2038
12.05.9 Compliance with AB 1826 & SB 1383. Contractor will develop and maintain its 2039 Commercial Organic Waste Collection Service in a manner designed to assist City and Service Recipients 2040 to achieve and maintain compliance with AB 1826 and SB 1383. Contractor will notify non-exempt covered 2041 businesses of the requirements to comply with the law in November 2023, and no less than annually 2042 thereafter. Contractor will offer to provide the volume of collection service that covered businesses require 2043 to be in compliance with the law. In conjunction with the City’s ordinance supporting full compliance with 2044 AB 341, SB 1383 and AB 827 by Commercial Service Units (i.e., “generators”), Contractor will conduct in-2045 person outreach to all non-participating non-exempt commercial covered generators as specified in Section 2046
20.02. Failure to conduct such outreach will result in a penalty as specified in Exhibit 6. 2047
12.05.10 Additional Organic Waste Collection Containers. Contractor must provide 2048 additional Organic Waste Collection Containers to Service Recipients at the rates listed in Exhibit 1 provided 2049 that additional Collection Containers are used by Service Recipients for the proposes of setting out 2050 additional Organic Waste materials for regular weekly Organic Waste Collection Service. 2051
12.05.11 Manure Collection Service. Contractor shall Collect all Manure placed in 2052 an Organic Waste Container at least once per week, or more often if arranged between Service Recipient 2053 and Contractor. Service Recipients may be instructed not to fill the Containers above a specified line or 2054 weight, so as not to damage the Containers or Collection Vehicle, and City shall resolve any disputes 2055 regarding the maximum weight that may be accommodated in such Containers. All Manure collected shall 2056 be diverted from landfilling through composting or other means and may not be collected or commingled 2057 with Garbage. 2058
12.05.11.1 Manure Cart Collection. Contractor shall provide Manure 2059 Collection Service to Commercial Customers that utilize Cart service for Manure Collection Service may be 2060 charged no more than the Maximum Service Rates as set forth in Exhibit 1. 2061 FINAL AGREEMENT Page 60 of 192
12.05.11.2 Manure Bin Collection. Contractor shall provide Manure Collection 2062 Service to Commercial Customers that utilize Bin service for Manure Collection Service may be charged 2063 no more than the Maximum Service Rates as set forth in Exhibit 1. 2064 Article 13. Mixed Use Dwelling Service (MXD) 2065
13.01 MXD Collection Service. As in Section 12.01. 2066
13.02 MXD Solid Waste Collection Service. As in Section 12.03. 2067
13.03 MXD Recycling Service. As in Section 12.04. 2068
13.04 MXD Move In/Out Collection Service. As in Section 10.08.4. 2069
13.05 MXD Organic Waste Collection Service. As in Section 12.05. 2070
13.06 MXD Large Item Collection Services. As in Section 10.10; Contractor may charge Service 2071 Recipients for Bulky Waste Collections subject to the Maximum Service Rate in Exhibit 1. 2072 Article 14. City Services 2073
14.01 City Collection Conditions of Service. City Collection Services shall be governed by the 2074 following terms and conditions: 2075
14.01.1 City Collection Services. Contractor shall provide Garbage, Recycling, and 2076 Organic Waste Collection Services to all City Service Units set forth in Exhibit 3, or as City may designate 2077 in the future (and where applicable, subject to the conditions in this Section), where the Containers are not 2078 blocked and are accessible by Contractor’s Collection Vehicles. 2079
14.01.2 Contractor’s Good Will. In exchange for the good will of the City and the general 2080 public, Contractor voluntarily agrees to provide Collection Services under this Article at no cost to the City 2081 excepting excess service as provided in this Article, and warrants that such service shall neither impact the 2082 Maximum Service Rates nor be otherwise paid for or subsidized by any other Service Recipients. 2083
14.01.3 Contractor shall receive written permission from the City before placing any 2084 Collection Containers on City owned property for service, except that no such permission shall be needed 2085 to place Collection Containers at locations specified for such Containers in Exhibit 3. 2086
14.01.4 Contractor shall limit the number of trips and the path of travel for Collection 2087 Vehicles in City parking lots. 2088
14.01.5 Container Service. City Facilities shall be provided Collection Services generally 2089 subject to the same terms and conditions as similar Service Units with regard to Container specifications, 2090 repair, replacement, cleanings, and exchange; provided the City shall not be charged for any requests for 2091 such services. 2092
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14.01.6 Frequency of Service. The frequency of collection may be designated by the City, 2093 but not to exceed six (6) times per week per container. City may change the City Service Units receiving 2094 service, and the container volume and Collection frequency provided to any City Service Unit, by written 2095 notice to Contractor. 2096
14.02 City Clean-Up Services. 2097
14.02.1 City’s Enforcement Clean-Up Services. Within one (1) Work Day of a request from 2098 the Agreement Administrator, Contractor shall provide Roll-off Containers to support City’s Enforcement 2099 Clean-Up Services in the Service Area. City shall be responsible for loading or arranging for loading of each 2100 Roll-off Container. Contractor shall collect, transport and deliver City Code Enforcement Clean-Up Services 2101 Garbage, Recyclable Material, and Organic Waste to a Disposal Facility, the Materials Recovery Facility, 2102 or Organics Processing Facility, as appropriate given the characteristics of the load. Contractor shall deliver, 2103 and collect, transport and process the City’s Enforcement Clean-Up Services waste from up to sixty (60) 2104 Roll-off Containers each Agreement Year at no charge to the City. Contractor shall be entitled to charge 2105 the City for collected materials exceeding sixty (60) collections per Agreement Year in accordance with the 2106 Service Recipient Rates as set forth in Exhibit 1. 2107
14.02.2 Abandoned Waste/Illegal Dumping Reporting. When conducting service within the 2108 City, Contractor shall direct its Collection Vehicle drivers to report to Contractor sightings of illegal dumping 2109 of Waste by recording: (i) the addresses of any Service Area where Garbage, Recyclable Material, and/or 2110 Organics Waste is accumulating; and (ii) the address, or other location description at which Garbage, 2111 Recyclable Material, and/or Organics Waste has been dumped. Contractor shall report to the City sightings 2112 and the recorded address within three (3) Work Days. 2113
14.02.3 Abandoned Waste/Illegal Dumping Clean-up. At City’s direction, Contractor shall 2114 collect, transport and process dumped items based on high volume sites throughout City and specific 2115 customer complaints, at no additional charge to City. At all times possible, Contractor will manage requests 2116 through the City’s Resident Service Center (RSC) system or any other reporting system utilized. 2117
14.03 City-Sponsored Events Service. Upon request by the City, Contractor shall provide 2118 Containers and Collection Services at City-Sponsored Events upon request, including but not limited to those 2119 specified in Exhibit 2, at no cost to the City. 2120
14.04 Large Item Collection Service. Contractor shall collect Large Items, including E-Waste and 2121 Universal Waste, from City Services Units as listed on Exhibit 3 on an on-call basis on the same terms and 2122 conditions as are provided to SFD Service Units per Section 10.10 at rates specified in Exhibit 1. 2123 Article 15. Additional Services 2124
15.01 Large Item Drop-off. Service Recipients may drop-off household unlimited Bulky Items, 2125 BWI: generated at their own Residential Premises (and not at other Residential Premises or Commercial Service 2126 Units), excluding Construction and Demolition Debris, at the Contractor’s designated site within the City 2127 between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00a.m. and 12:00 2128 Formatted: Font: Arial, Font color: Red
Formatted: Font color: Red
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p.m., one Saturday per month. Contractor shall not charge Service Recipients for accepting, processing, or 2129 Disposing of Bulky Items so delivered. Contractor shall handle all Organic Waste, Recyclable Materials, and 2130 electronic waste so deposited at its facility in accordance with all Applicable Laws and regulations. Proof of 2131 service address and identification will be required to utilize this service. 2132
15.02 Neighborhood Clean-Up Events. Contractor shall provide Collection Services at 2133 Neighborhood Clean-Up Events at a maximum of twelve (12) per year upon request by City. Each event 2134 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 2135 and shall be limited to SFD, MFD, and MXD Service Recipients within the City. Contractor shall provide a 2136 maximum of three (3) 40-yard Roll-off Containers per event. The Agreement Administrator shall notify 2137 Contractor in writing or e-mail not less than eight (8) weeks prior to the date of the Neighborhood Clean-Up 2138 Event. The services shall be provided in a manner that meets all needs of the Neighborhood Clean-Up 2139 Event. The events must not occur during the week prior, the week of, or the week after a Holiday. The events 2140 shall be conducted by Contractor at no cost of any kind to the City. Contractor shall provide staffing to support 2141 City management at all times during the Clean-Up Days Events. 2142
15.02.1 Contractor shall prepare and distribute to SFD, MFD, and MXD Residential Service 2143 Recipients Neighborhood Clean-Up Event notices no later than six (6) weeks prior to each event. At a 2144 minimum, the dates and hours of operation, locations of the collection sites, and acceptable materials for 2145 collection shall be included in the notices. Contractor may separately mail electronically transmit the notices 2146 or provide the notices as billing inserts to each SFD, MFD, and MXD Residential Service Recipient. 2147 Contractor shall provide Spanish-translated notices upon request by the City. The costs of production, 2148 printing, mailing and all associated costs for the notices shall be borne by Contractor. Contractor shall also 2149 provide their information in digital format to the City. 2150
15.03 Mulch or Compost Delivery. At no cost to the City, Contractor must assist City in arranging 2151 for produced compost/mulch, or other recovered organic waste products to comply with SB 1383 2152 procurement requirements to be delivered in qualities, quantities, locations and times agreed on between 2153 City and Contractor. Such Contractor assistance can be in the form of backhauling materials or setting aside 2154 locations for Service Recipients to pick up produced compost/mulch at an approved facility. Contractor 2155 agrees to provide up to 7,700 cubic yards of compost or mulch to the City annually. 2156
15.04 Edible Food Recovery Support. At no cost to the City, Contractor must provide support to 2157 the City’s Edible Food Recovery program as required under SB 1383. Contractor support may include 2158 educating commercial edible food generators, providing records of site visits, conducting education efforts, 2159 providing lists of food recovery organizations, and coordinating with Agreement Administrator. 2160
15.05 Free Paper Shredding Events. Up to four (4) times per year, at no additional cost to City or 2161 its residents, Contractor will conduct a free paper shredding event at a location as determined by the City. 2162 At each event, all City residents will be permitted to deliver an unlimited amount of paper for shredding free 2163 of charge by Contractor. Contractor must arrange for all shredded paper generated by each event to be 2164 processed in such a manner so as to ensure the diversion of this material from landfilling. 2165 Formatted: Font color: Red
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Article 16. Collection Routes 2166
16.01 Service Routes. Contractor must provide City with maps and digital mapping data precisely 2167 defining Collection routes, together with the days and the times at which Collection will regularly commence. 2168
16.02 Initial Route Changes. Contractor agrees not to change any Residential Collection Services 2169 routes in effect as of the Effective Date of this Agreement prior to July 1, 2024, with the exception of limited 2170 route changes that may be necessary for new development, and subject to review and approval by the City. 2171 After July 1, 2024, if any re-routing of Residential Collection services is necessary for collection efficiency, 2172 Contractor may submit to City, in writing, proposed route changes (including maps thereof) not less than 2173 sixty (60) calendar days prior to the proposed date of implementation. Any such initial routing change may 2174 not affect more than ten percent (10%) of SFD Service Units in the City and is subject to City review and 2175 approval. 2176
16.03 Future Service Route Changes. Contractor must submit to City, in writing, any proposed 2177 route change (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of 2178 implementation. Contractor may not implement any route changes without the prior review of the Agreement 2179 Administrator. If the change will change the Collection day for a Service Recipient, Contractor must notify 2180 those Service Recipients in writing of route changes not less than thirty (30) days before the proposed date 2181 of implementation. 2182
16.04 Collection Route Audits. City reserves the right to conduct audits of Contractor’s Collection 2183 routes. Contractor must cooperate with City in connection therewith, including permitting City employees or 2184 agents, designated by the Agreement Administrator, to ride in the Collection Vehicles to conduct the audits. 2185 Contractor has no responsibility or liability for the salary, wages, benefits or worker compensation claims of 2186 any person designated by the Agreement Administrator to conduct such audits. 2187 Article 17. Minimum Performance and Diversion Standards 2188
17.01 Agreement Extension. In order to receive the Agreement term extensionextension, offer 2189 set forth in Section 2.02 of this Agreement, Contractor must meet or exceed the following annual minimum 2190 performance and diversion standards in each Calendar Year beginning January 2024, unless otherwise 2191 approved by City Council. 2192
17.01.1 Performance Standards. Assessment of penalties and charges, as set forth in 2193 Exhibit 6 of this Agreement, totaling less than $50,001 in any one (1) Calendar Year. 2194
17.01.2 Minimum Diversion Standards. Contractor must meet the requirements set forth in 2195 Article 8. 2196
17.01.3 No Current Default. Contractor is not currently in default of the Agreement. 2197
17.02 Billing Audit and Performance Reviews. 2198
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17.02.1 Contractor Shall Review its Billings to all Customers. The purpose of the review is 2199 to determine that the amount which the Contractor is billing each Customer is correct with regard to the 2200 level of service (i.e., frequency of collection, size of container, location of container) at the rates approved 2201 by City Council resolution. The Contractor shall review Customer accounts not less than annually and 2202 provide a written certification to the City that all such billing is correct. The documentation of the review, as 2203 well as verification that any errors have been corrected should be provided to the City annually. 2204
17.02.2 Selection and Cost. City may conduct billing audit and performance reviews 2205 (together, “reviews”) of Contractor’s performance during the term of this Agreement, as provided herein. 2206 The reviews will be performed by the City or a qualified firm under contract to City. City will have the final 2207 responsibility for the selection of the firm. City may conduct reviews at any time during the term of the 2208 Agreement. City and Contractor agree to each pay fifty-percent (50%) of the cost of the audits and 2209 performance reviews provided for under Section 17.02. 2210
17.02.2.1 Full Reviews During Initial Term. City may conduct two (2) full 2211 reviews with costs apportioned as stated in Section 17.02.2 during the Initial Term of this Agreement. The 2212 purpose of these full reviews will be as described in Section 17.02.3 below. 2213
17.02.2.2 Full Review During Extension Period. In the event that Contractor 2214 is granted an extension to the term of this Agreement as described in Section 2.02, City may conduct one 2215 (1) additional full review during each of the five (5) year extension periods. The purpose of this full review 2216 is described in Section 17.02.3. For each of these full review costs will be apportioned as stated in Section 2217
17.02.2. 2218
17.02.3 Purpose. The reviews will be designed to verify that customer billing rates have 2219 been properly calculated and they correspond to the level of service received by the customer, verify that 2220 Contractor is correctly billing for all services provided, Franchise Fees and other fees required under this 2221 Agreement have been properly calculated and paid to City, verify Contractor’s compliance with the reporting 2222 requirements and performance standards of this Agreement, verify the diversion percentages reported by 2223 Contractor, and verify any other provisions of the Agreement. City (or its designated consultant) may utilize 2224 a variety of methods in the execution of this review, including, but not limited to, analysis of relevant 2225 documents, on-site and field observations, and interviews. City (or its designated consultant) will review 2226 and document the items in the Agreement that require Contractor to meet specific performance standards, 2227 submit information or reports, perform additional services, or document operating procedures, that can be 2228 objectively evaluated. This information will be documented and be formatted in a “compliance checklist” 2229 with supporting documentation and findings tracked for each of the identified items. The review will 2230 specifically include a determination of Contractor’s compliance with the diversion requirements of Article 8, 2231 and the public outreach and education requirements of Article 20. City (or its designated consultant) may 2232 review the customer service functions and structure utilized by Contractor. This may include Contractor’s 2233 protocol for addressing customer complaints and service interruption procedures. Complaint logs may be 2234 reviewed, along with procedures and systems for tracking and addressing complaints. On-site and field 2235 observations by City (or its designated consultant) may include, but are not necessarily limited to: 2236 FINAL AGREEMENT Page 65 of 192
17.02.3.1 Interviews and discussions with Contractor’s administration and 2237 management personnel; 2238
17.02.3.2 Review and observation of Contractor’s customer service functions 2239 and structure; 2240
17.02.3.3 Review of public education and outreach materials; 2241
17.02.3.4 Interviews and discussions with Contractor’s financial and accounting 2242 personnel; 2243
17.02.3.5 Interviews with route dispatchers, field supervisors and managers; 2244
17.02.3.6 Interviews with route drivers; 2245
17.02.3.7 Interviews with vehicle maintenance staff and observation of 2246 maintenance practices; and 2247
17.02.3.8 Review of on-route Collection Services, including observation of driver 2248 performance and collection productivity and visual inspection of 2249 residential routes before and after collection to evaluate cart 2250 placement and cleanliness of streets. 2251
17.02.4 Contractor’s Cooperation. Contractor shall cooperate fully with the review and 2252 provide all requested data, including operational data, financial data of the type described in Section 2253
17.01.1, and other data reasonably requested by City within fifteen (15) Work Days of the request. 2254
17.02.5 Additional Billing Audit and Performance Review. In the event that the Billing Audit 2255 and Performance Review concludes that Contractor is not in compliance with all terms and conditions of 2256 this Agreement and such non-compliance is material, Contractor is subject to administrative fees and 2257 penalties as described in Exhibit 6 as well as reimbursement to the City for the full cost of the audit plus 2258 any underpayments discovered during the Audit. Additionally, City may conduct an Additional Billing Audit 2259 and Performance Review beyond the two (2) specified in Section 17.02.2, to ensure that Contractor has 2260 cured any such area of non-compliance. Contractor will be responsible for the cost of any such Additional 2261 Billing Audit and Performance Review for a maximum cost of One-hundred Twenty Thousand Dollars 2262 ($120,000) (starting on July 1, 2024 and each January 1st thereafter, with the maximum cost for the review 2263 adjusted annually by the change in the CPI). For the purposes of a determination of non-compliance under 2264 this Agreement, Audit findings which result in underpayments of $100,000 or more shall be deemed 2265 material. 2266
17.02.6 City Requested Program Review. City reserves the right to require Contractor to 2267 periodically conduct reviews of the Garbage, Recycling, and Organic Waste Collection Service programs, 2268 provided that such reviews are reasonable and can be accomplished at no additional cost to Contractor 2269 and without interfering with Contractor’s operations. Such reviews could assess one or more of the following 2270 performance indicators: average volume of Recyclable Materials per setout per customer, average volume 2271 FINAL AGREEMENT Page 66 of 192
of Organic Waste per setout per customer, participation level, contamination levels, etc. Prior to the program 2272 evaluation review, City and Contractor will meet and discuss the purpose of the review and agree on the 2273 method, scope, and data to be provided by Contractor. 2274
17.03 Cooperation with Other Program Reviews. Contractor shall cooperate with City and/or its 2275 agent(s) as reasonably requested to collect program data, perform field work, conduct route audits to 2276 investigate customer participation levels and setout volumes and/or evaluate and monitor program results 2277 related to Garbage, Recyclable Materials and Organic Waste collected in City by Contractor, provided that 2278 such cooperation can be accomplished at no additional cost to Contractor and without interfering with 2279 Contractor’s operations. 2280
Article 18. Collection Equipment 2281
18.01 General Provisions. All equipment used by Contractor in the performance of services under 2282 this Agreement must be of a high quality and meet all Federal, State, and local regulations and air quality 2283 standards, including all applicable provisions of Air Quality Management District. Collection vehicles must 2284 be designed and operated so as to prevent collected materials from escaping from the vehicles. Hoppers 2285 must be closed on top and on all sides with screening material to prevent collected materials from leaking, 2286 blowing or falling from the vehicles. All trucks and containers must be watertight and must be operated so 2287 that liquids do not spill during Collection or in transit. 2288
18.02 Large Items. Vehicles used for Collection of Large Items may not use compactor 2289 mechanisms or mechanical handling equipment that may damage reusable goods or release Freon or other 2290 gases from pressurized appliances. 2291
18.03 Collection Vehicles. Contractor must use new Collection Vehicles as of the 2292 Commencement date and may not use any Collection Vehicle that is more than ten (10) years old during 2293 the term of the Agreement. Contractor shall register all new Collection Vehicles under this Agreement to its 2294 address within the City, and shall report all purchases of Collection Vehicles under this Agreement as 2295 attributable to the City for sales tax purposes. Collection Vehicles must utilize low carbon (“alternative”) fuel, 2296 which must be renewable natural gas, LNG, CNG, or electric unless otherwise authorized by the City. If 2297 during the term of the Franchise Agreement, new technologies are available such as hybrid or electric 2298 powered collection vehicles, the City or the Contractor may request/negotiate implementation of such new 2299 collection vehicles, with a corresponding change to the Maximum Service Rates to reflect additional cost or 2300 savings. During the Term, to the extent required by law, Contractor shall provide its Collection Vehicles to 2301 be in full compliance with all Applicable Laws, including State and Federal clean air requirements that are 2302 adopted or proposed to be adopted, including, but not limited to, the California Air Resources Board Heavy 2303 Duty Engine Standards as currently proposed to be contained in California Code of Regulations, title 13, 2304 sections 2020 et seq., the Federal EPA’s Highway Diesel Fuel Sulfur regulations and all other applicable air 2305 pollution control laws. 2306
18.04 Collection Vehicle Technology. Contractor must use Collection Vehicles fitted with GPS 2307 tracking devices that can be used to record start and stop times, vehicle locations, and maximum speed. 2308 Contractor shall furnish to the City at no additional cost or expense any software and equipment necessary 2309 FINAL AGREEMENT Page 67 of 192
for City to track the location of Collection Vehicles in real time and to generate reports as needed. Collection 2310 Vehicles must also be fitted with cameras that are programmed to take photos, date and location stamped, 2311 to document violations, including contamination, overfilling, and lids not closed. GPS and camera data must 2312 be accessible by City. 2313
18.05 Collection Vehicle Size Limitations / Overweigh Vehicle Charge. Contractor may not use 2314 any Collection Vehicle in violation of weight limitations in Applicable Law. The Contractor may exceed the 2315 Collection Vehicle size limitation for a limited time due to extraordinary circumstances or conditions with the 2316 prior written consent of the Agreement Administrator. The limited time may not exceed 120 days. Contractor 2317 must report all instances of overweight vehicles to City as part of its quarterly Franchise Fee submittal 2318 described in Section 4.03, and as part of its Annual Reports to the City described in Section 22.03. Contractor 2319 may be assessed administrative charges as specified in Exhibit 6 as a result of exceeding an overweight 2320 vehicle rate of five percent (5.00%) in any Calendar Year during the term of the Agreement. The overweight 2321 vehicle rate will be calculated as the total number of overweight Collection Vehicle instances during the 2322 Calendar Year, divided by the total number of Collection Vehicle loads transported during the Calendar Year. 2323 Prior to collecting administrative charges for overweight vehicles, the City shall afford Contractor a 2324 reasonable opportunity to provide the Agreement Administrator documentation of the extraordinary 2325 circumstance that caused the overweight vehicles. Extraordinary circumstances in this particular case 2326 include, but may be limited to, heavy rains or high winds that caused excess Green Waste to be generated, 2327 rain to accumulate in open Collection Containers, or normal Collection routes to be delayed or shortened to 2328 extreme weather conditions. The Agreement Administrator shall have authority to consider Contractor’s 2329 documentation and uphold and collect the assessed charge, to reduce the charge, or waive and dismiss the 2330 charge. The Agreement Administrator shall also have the authority to waive charges in advance of an 2331 anticipated, or in response to and actual, emergency event. 2332
18.06 Registration; Inspection. All vehicles used by Contractor in providing Collection Services 2333 under this Agreement, except those vehicles used solely on Contractor’s premises, are to be registered with 2334 the California Department of Motor Vehicles. In addition, each such vehicle must be inspected by the 2335 California Highway Patrol in accordance with Applicable Law. Within two (2) Work Days of a request from 2336 the Agreement Administrator, Contractor must provide City a copy of its vehicle maintenance log and any 2337 safety compliance report, including, but not limited to, any report issued under California Vehicle Code 2338 sections 34500 and following, as well as the biennial “BIT” inspections conducted by the California Highway 2339 Patrol. 2340
18.07 Safety Markings. All Collection equipment used by Contractor must have appropriate safety 2341 markings including, but not limited to, highway lighting, flashing and warning lights, clearance lights, and 2342 warning flags. All such safety markings must be in accordance with the requirements of the California Vehicle 2343 Code, as may be amended from time to time. 2344
18.08 Vehicle Signage and Painting. Collection Vehicles must be painted and numbered without 2345 repetition and must have Contractor's name, Contractor’s customer service telephone number, and the 2346 number of the vehicle painted in letters of contrasting color, at least four (4) inches high, on each side and 2347 the rear of each vehicle. All Collection Vehicles shall display the words “Servicing the City of Santa Clarita” 2348 in letters no less than two inches (2”) high and the City Seal. No advertising is permitted other than the name 2349 FINAL AGREEMENT Page 68 of 192
of Contractor, its logo and registered service marks, except promotional advertisement of the Recyclable 2350 Materials and Organic Waste programs, which is encouraged. City to approve any promotional material of 2351 the Recyclable Materials and Organic Waste Programs affixed to or painted on Contractor’s Collection 2352 Vehicles and may require such promotion to be utilized from time to time in order to encourage correct 2353 recycling, reduce contamination, and provide relevant education. Contractor must repaint all vehicles 2354 (including vehicles striping) during the term of this Agreement on a frequency as necessary to maintain a 2355 positive public image as reasonably determined by the Agreement Administrator, but not less often than 2356 once every five years beginning July 1, 2023. 2357
18.09 Bin and Roll-off Signage, Painting, and Cleaning. All metal bins and Roll-offs of any service 2358 type furnished by Contractor must be either painted or galvanized. All metal or plastic bins and Roll-offs must 2359 display Contractor’s name, Contractor’s customer service telephone number, and the number of the Bin or 2360 Roll-off and must be kept in a clean and sanitary condition. Bins and Roll-offs should be free of dents and 2361 graffiti and newly painted at the start of this Agreement, and painted as needed to maintain an orderly 2362 appearance throughout the term of the Agreement, but not less frequently than once every three years. Bins 2363 and Roll-offs may be subject to periodic, unscheduled inspections by City and determination as to sanitary 2364 condition will be made by City. 2365
18.10 Vehicle Certification. For each Collection Vehicle used in the performance of services 2366 under this Agreement, Contractor must obtain a certificate of compliance (smog check) issued pursuant to 2367 Part 5 of Division 26 of the California Health and Safety Code (Section 43000 and following) and regulations 2368 promulgated thereunder and/or a safety compliance report issued pursuant to Division 14.8 of the California 2369 Vehicle Code (Section 34500 and following) and the regulations promulgated thereunder, as applicable to 2370 the vehicle. Contractor must maintain copies of such certificates and reports and must make such certificates 2371 and reports available for inspection upon request by the Agreement Administrator. Subject to State of 2372 California iImplementation. 2373
18.10.1 No later than July 1, 2023, Contractor must submit to the Agreement Administrator 2374 verification that each of the Contractor’s Collection Vehicles has passed the California Heavy Duty Vehicle 2375 Inspection. Thereafter, Contractor must cause each vehicle in Contractor’s Collection fleet to be tested 2376 annually in the California Heavy Duty Inspection Program and must, upon request, submit written 2377 verification to City within ten (10) Work Days of the completion of such test. Contractor may not use any 2378 vehicle that does not pass such inspection. Subject to State of California iImplementation. 2379
18.11 Equipment Maintenance. Contractor must maintain Collection equipment in a clean 2380 condition and in good repair at all times. All parts and systems of the Collection equipment must operate 2381 properly and be maintained in a condition satisfactory to City. Contractor must wash all Collection Vehicles 2382 at least once a week. 2383
18.12 Maintenance Log. Contractor must maintain a maintenance log for all Collection Vehicles. 2384 The log must at all times be accessible to City by physical inspection upon request of Agreement 2385 Administrator, and must show, at a minimum, each vehicle Contractor assigned identification number, date 2386 purchased or initial lease, dates of performance of routine maintenance, dates of performance of any 2387 additional maintenance, and description of additional maintenance performed. 2388 FINAL AGREEMENT Page 69 of 192
18.13 Equipment Inventory. On or before July 1, 2023 Contractor shall provide to City an 2389 inventory of Collection Vehicles and major equipment used by Contractor for Collection or transportation and 2390 performance of services under this Agreement. The inventory must indicate each Collection Vehicle by 2391 Contractor assigned identification number, DMV license number, the age of the chassis and body, type of 2392 fuel used, the type and capacity of each vehicle, the number of vehicles by type, the date of acquisition, the 2393 decibel rating and the maintenance and rebuild status. Contractor must submit to the Agreement 2394 Administrator, either by fax or e-mail, an updated inventory annually to the City or more often at the request 2395 of the Agreement Administrator. Each inventory must also include the tare weight of each vehicle as 2396 determined by weighing at a certified scale used by Contractor. Each vehicle inventory must be accompanied 2397 by a certification signed by Contractor that all Collection Vehicles meet the requirements of this Agreement. 2398
18.14 Reserve Equipment. Contractor shall have available to it, at all times, reserve Collection 2399 equipment which can be put into service and operation within one (1) hour of any breakdown. Such reserve 2400 equipment must correspond in size and capacity to the equipment used by the Contractor to perform the 2401 contractual duties. 2402
Article 19. Contractor’s Office 2403
19.01 Contractor’s Office. Contractor shall maintain an office in the City of Santa Clarita, 2404 California. Such office must be equipped with enough telephones that all Collection Service-related calls 2405 received during normal business hours are answered by an employee within five (5) rings. The office must 2406 have responsible persons in charge during Collection hours and must be open during such normal business 2407 hours, 8:00 a.m. to 5:00 p.m. on Monday through Friday and Saturday during Collection Service hours. 2408 Contractor must provide either a local or toll-free telephone number that connects to the call center described 2409 in Section 19.02, and a telephone answering service or mechanical device to receive Service Recipient 2410 inquiries during those times when the office is closed. Calls received after normal business hours must be 2411 addressed the next Work Day morning. 2412
19.02 Customer Service Call Center. Contractor must maintain a local Customer Service call 2413 center in the City of Santa Clarita. Such office must be equipped with enough telephones that all customer 2414 service-related calls received during normal business hours, 8:00 a.m. to 5:00 p.m. on Monday through 2415 Friday and Saturday during Collection Service hours, are answered by an employee within five (5) rings 2416
19.03 Emergency Contact. Contractor must provide the Agreement Administrator with an 2417 emergency phone number where the Contractor can be reached outside of the required office hours. 2418
19.04 Multilingual/TDD Service. Contractor must at all times maintain the capability of responding 2419 to telephone calls in English and such other languages as City may direct. Contractor must at all times 2420 maintain the capability of responding to telephone calls through Telecommunications Device for the Deaf 2421 (TDD) Services. 2422
19.05 Service Recipient Calls. During office hours, Contractor must maintain a telephone 2423 answering system capable of accepting at least five (5) incoming calls at one time. Contractor must record 2424 all calls including any inquiries, service requests and complaints into a customer service log. 2425 FINAL AGREEMENT Page 70 of 192
19.05.1 All incoming calls will be answered at the local office or call center within 5 rings. 2426 Any call “on-hold” in excess of 1.5 minutes must have the option to remain “on-hold” or request a “call-back” 2427 from a customer service representative. Contractor’s customer service representatives must return Service 2428 Recipient calls. For all messages left before 3:00 p.m., all “call backs” must be attempted a minimum of one 2429 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 2430 attempted a minimum of one time prior to noon the next Work Day. Contractor must make minimum of three 2431 (3) attempts within one (1) Work Day of the receipt of the call. If Contractor is unable to reach the Service 2432 Recipient on the next Work Day, Contractor must send a postcard, email or text, as indicated by the Service 2433 Recipient to the Service Recipient on the second Work Day after the call was received, indicating that the 2434 Contractor has attempted to return the call. 2435
Article 20. Contractor Support Services 2436
20.01 Sustainability/Compliance Representative. Contractor will hire staff, including at least two 2437 dedicated full-time Sustainability/Compliance Representatives as of the Commencement Date, to conduct 2438 site visits and provide outreach and education in support of meeting Franchise and CalRecycle Diversion 2439 requirements and to meet State mandates associated with AB 939, AB 341, AB 1826, AB 827, AB 1594, SB 2440 1016, and SB 1383, and all amendments and related subsequent legislation. The Sustainability/Compliance 2441 Representatives shall be available as needed to meet with the City and conduct site visits to implement 2442 Recycling and Organics programs in the Service Area at least four days a week throughout the year. City 2443 may request monthly meetings with Contractor to discuss problems or issues such as Collection or Recycling 2444 programs, Billing or Service Recipient service issues, and day to day operations. City and Contractor agree 2445 to meet and confer to reevaluate the ongoing need for two dedicated full-time Sustainability/Compliance 2446 Representatives on or around July 1, 2025 (two years from the Commencement Date). 2447
20.02 Sustainability and Compliance Plan. Contractor, at its own expense, must prepare, submit 2448 and implement an annual (Calendar Year) Sustainability and Compliance Plan (“Plan”), which will guide 2449 Contractor’s staffs’ work efforts. This Plan will include measures to meet diversion targets, increase 2450 diversion, and increase participation of Service Recipients in recycling and organics diversion programs, and 2451 should target certain Recyclable Materials or “problem” areas, including recycling and organics sorting and 2452 contamination, within Contractor’s Service Area where improvements can be maximized. Planned outreach 2453 and education services, and outreach materials should be included as part of the Plan and updated annually. 2454 Targets of outreach should be based on local trends and recycling patterns from data obtained by both the 2455 City and Contractor. Contractor will maintain current and state-of-the-art public outreach and education 2456 services throughout the term of this Agreement by providing outreach materials to Service Recipients 2457 electronically (via email and social media). Contractor must submit first year draft Plan to the City prior to 2458 the Commencement Date and by August 1st each year thereafter for the term of the Agreement. City review 2459 and provide revisions to draft Plan within thirty (30) days of receipt. Contractor must revise and submit final 2460 Plan to City by April 1, 2023 for first year and thence by November 1st each year thereafter for the term of 2461 the Agreement. Contractor’s Plan is provided in Exhibit 10. Contractor will be required to expend at least 2462 seventy-five thousand dollars ($75,000) per year (as adjusted annually by the CPI Adjustment), for the 2463 development of the Plan and its implementation, which may not include personnel costs associated with the 2464 FINAL AGREEMENT Page 71 of 192
Sustainability/Compliance Representative. The Sustainability and Compliance Plan must include the 2465 following: 2466
20.02.1 City-Specific Website. Contractor shall maintain a City-specific website that fully 2467 explains the Contractor’s current services and rates, the diversion options available, and allows Service 2468 Recipients to submit service changes, inquiries, complaints or queries. The website must describe and 2469 promote the use of the available Recyclable Materials and Organics services. Contractor’s local website 2470 must provide information specific to the City’s programs. Contractor will ensure that information provided 2471 on the website is maintained and up-to-date. Content will include proper container set out, educational 2472 materials, newsletters and program descriptions. 2473
20.02.2 Recycling Resources. Contractor shall maintain accurate list of recyclable 2474 materials on its website, and promote proper recycling to all Service Recipients. Contractor shall consult, 2475 collaborate, and coordinate its recycling outreach and educational materials and activities with the City and 2476 incorporate the City’s input on the Contractor’s recycling resources and programs. 2477
20.02.3 School Education and Outreach. Contractor shall develop and utilize a program to 2478 educate on proper recycling that offers tools to assist with proper recycling for all ages. Educational 2479 information should include brochures, school resources such as recycling curriculums, kid’s activity flyers, 2480 posters, myth busters, and recycling art activities. Contractor shall develop and distribute educational 2481 material, and conduct onsite outreach annually to all school campuses in the franchise area that are 2482 serviced by the Contractor. Materials must be approved by City before distribution. Examples include: 2483 Recyclable Materials list, Recycling tips, battery and bulb education, Food Waste collection and donation, 2484 and HHW education. Educational material shall be distributed to campuses by mail and/or in person on or 2485 before September 30th annually, and site visits must be completed by November 30th. 2486
20.02.4 MORe Compliance Notices. Contractor shall send Mandatory Organics Recycling 2487 (MORe) compliance notices quarterly to all eligible Commercial entities and MFDs/MXDs that do not 2488 subscribe to Organic Waste Collection Service with the Contractor, and/or do not provide an alternate 2489 method for Diverting Organic Waste, in conformance with SB 1383 and AB 1826. These notices shall also 2490 notify businesses of requirements under AB 827. Contractor shall mail notifications quarterly on or before 2491 the last day of the month following the end of the quarter. 2492
20.02.5 MCR Compliance Notices. Contractor shall send Mandatory Commercial 2493 Recycling (MCR) compliance notices quarterly to all eligible Commercial entities and MFD’s that do not 2494 subscribe to recycling collection service with the Contractor, and/or do not provide an alternate method for 2495 diverting recyclable materials, in conformance with AB 341. These notices shall also notify businesses of 2496 requirements under AB 827. Contractor shall mail notifications quarterly on or before the last day of the 2497 month following the end of the quarter. 2498
20.02.6 MORe Site Visits. Contractor shall conduct site visits to all eligible Commercial 2499 entities and MFDs/MXDs once per year for the first three years and thereafter every other year for 2500 businesses that subscribe to Organics Collection Service and every year for businesses that do not 2501 FINAL AGREEMENT Page 72 of 192
subscribe to organics collection service in conformance with SB 1383 and AB 1826. Contractor shall 2502 conduct visits on or before June 30th. 2503
20.02.7 MCR Site Visits. Contractor shall conduct site visits to all eligible Commercial 2504 entities and MFDs/MXDs once per year for the first three years and thereafter every other year for 2505 businesses that subscribe to Recycling Collection Service and every year for businesses do not subscribe 2506 to Recycling Collection Service with the Contractor. Contractor shall conduct visits on or before June 30th. 2507
20.02.8 Waste Audits. Contractor shall complete Recycling and Solid Waste audits for 2508 twenty (20) Commercial or MXD Service Recipients per month and provide recommendations to customers 2509 on how to improve overall resource efficiency. 2510
20.02.9 Compliance Reporting. Contractor shall report contaminations and overage 2511 issues via the City’s Waste Reporting System. 2512
20.02.10 Right-sizing Containers. Contractor must right-size Collection Containers 2513 to maximize diversion from SFD, MFD, MXD and Commercial Service Recipients. 2514
20.02.11 Education and Outreach Materials. Contractor must implement public 2515 education and outreach in conformance with applicable laws (e.g., SB 1383, AB 1826, AB 827, AB 939, AB 2516 341, AB 1594, etc.) and in coordination with the City. Contractor shall attend public events and host booths 2517 to promote recycling education and awareness. Contractor will work with City to identify which special 2518 events will be attended. Contractor, together with City, shall work with local media to ensure information on 2519 new programs, events, recycling, organics etc. is communicated to the community. Contractor shall use a 2520 variety of options such as local paper, news, websites, social media, Homeowners Associations, schools 2521 and civic groups to distribute information and education about City solid waste and recycling programs, and 2522 events. Contractor shall distribute educational material to Service Recipients a minimum of once a quarter 2523 by mail or electronically. These materials should include tips on recycling properly, use of organics 2524 containers, composting, battery and electronics education, prevention of contamination issues, proper 2525 Collection Container placement, resource information, and HHW education. 2526
20.02.12 Service Recipient Personnel Training. Contractor shall advise and 2527 educate appropriate personnel (management, employees, janitors, etc.) at MFD/MXD and Commercial 2528 Service Units on methods and recommendations to increase recycling and decrease landfilling including 2529 best practices for recycling, waste reduction and availability and use of in-house recycling containers. 2530
20.02.13 Available Services Notice and Information. At least annually Contractor 2531 must publish and distribute (by mail or electronically) a notice to all Service Units regarding the full range 2532 of services offered. The notice must contain at a minimum (i) definitions of the materials to be Collected, 2533 (ii) procedures for setting out materials, (iii) the days when Garbage Collection Services, Recycling 2534 Services, and Organic Waste Collection Services will be provided, (iv) Contractor’s local customer service 2535 phone number, (v) instructions on the proper filling of Containers, (vi) instructions as to what materials may 2536 or may not be placed in Recyclable Materials or Organic Waste Containers, (vii) how to select Container 2537 sizes to maximize diversion, (viii) participation in Recycling and Organic Waste programs, (ix) the fees for 2538 FINAL AGREEMENT Page 73 of 192
overage and Contamination in the event of non-compliance, (x) the availability of on-premises Collection 2539 Services, including the availability of no-charge on-premises Collection Services for qualified persons, (xi) 2540 Large Items Collection Services, (xii) the dates and locations of Neighborhood Cleanup days, and (xiii) the 2541 dates and locations of Free Large Item Drop-off days. The notice must be provided in English, and other 2542 languages as directed by the City, and must be distributed by Contractor no later than February 1st of each 2543 year. 2544
20.02.14 Approach to Meeting City’s Diversion Requirements. Contractor must 2545 document approach to meeting City’s diversion requirements by specific diversion program type (SFD, 2546 MFD, Commercial, Recyclable Material, Organic Waste, Bulky Waste, etc.) and must be tied to both specific 2547 and public education programs. This must include an implementation schedule showing the specific 2548 programs and tasks, milestones, and time frames for meeting the diversion requirements. 2549
20.02.15 Tonnage Table. Contractor must provide as part of the Plan, a tonnage 2550 table segregated by SFD, MFD, MXD, Commercial, and Additional Services that estimates tonnages for 2551 Recyclable Material and Organic Waste delivered and processed, and the estimated residual tonnages for 2552 each calendar year of the Franchise Agreement. 2553
20.02.16 Environmental Stewardship. Contractor must describe all environmental 2554 management policies and activities related to the solid waste collection service, including the use of 2555 alternative fuel vehicles, reduction of air emissions and wear and tear on the City’s streets, use of recycled 2556 products throughout operations, internal waste reduction and reuse protocol, water and resource 2557 conservation activities within facilities (design, construction and operation), compliance with laws governing 2558 e-waste, HHW, and u-waste, and use of non-toxic products when possible. 2559
20.03 News Media Relations. Contractor will work with local media to ensure information is 2560 communicated to community (new programs, events, recycling information, etc.). Contractor to use options, 2561 such as; local Newspaper, Radio/TV News outlets, Websites and Social Media. Contractor will notify the 2562 Agreement Administrator by e-mail or phone of all requests for news media interviews related to the services 2563 covered under this Franchise Agreement within one (1) Work Day of Contractor’s receipt of the request. 2564 When practicable, before responding to any inquiries involving controversial issues or any issues likely to 2565 affect participation or customer’s perception of services, Contractor will discuss Contractor’s proposed 2566 response with the City Agreement Administrator. 2567
20.04 Annual Recycling Awards. Contractor will recognize outstanding participation in Recycling 2568 and/or Organic Waste programs by identifying “recycling all-stars” for recognition at a City Council meeting 2569 during each November, beginning November 2024. 2570
20.05 News Media Requests. Contractor will notify the Agreement Administrator by e-mail or 2571 phone of all requests for news media interviews related to the services covered under this Agreement within 2572 one (1) Work Day of Contractor’s receipt of the request. When practicable, before responding to any inquiries 2573 involving controversial issues or any issues likely to affect participation or Service Recipient’s perception of 2574 services, Contractor will discuss Contractor’s proposed response with the Agreement Administrator. 2575 FINAL AGREEMENT Page 74 of 192
20.05.1 Copies of draft news releases or proposed trade journal articles that use the name 2576 of City or relate to the services provided hereunder must be submitted to the Agreement Administrator for 2577 prior review and approval at least five (5) working days in advance of release, except where Contractor is 2578 required by any law or regulation to submit materials to any regulatory agency in a shorter period of time, 2579 in which case Contractor must submit such materials to City simultaneously with Contractor’s submittal to 2580 such regulatory agency. 2581
20.05.2 Copies of articles resulting from media interviews or news releases that use the 2582 name of City or relate to the services provided hereunder must be provided to the City within five (5) days 2583 after publication. 2584
20.06 Acceptable Materials Labeling. Contractor must affix to each Recycling and Organics 2585 Collection Container a sticker that clearly lists Acceptable materials to be placed in these containers. Stickers 2586 must be replaced annually and include any updates in the list of Acceptable materials (Exhibit 12). 2587
20.07 Mulch or Compost Delivery. At no cost to the City, Contractor must provide City with mulch 2588 or compost materials (i.e., “Recovered Organic Materials”) at a volume to allow the City to comply with SB 2589 1383. Contractor must deliver mulch or compost materials at a time and location mutually agreeable between 2590 the City and Contractor. Delivered mulch or compost can be in bulk form or bagged. 2591
20.08 Edible Food Recovery Support. At no cost to the City, Contractor must provide support to 2592 the City’s Edible Food Recovery program as required under SB 1383. Contractor support may include 2593 educating commercial edible food generators, providing records of site visits, conducting education efforts, 2594 and providing lists of food recovery organizations. Contractor will assist the City in conducting Food Waste 2595 and Green Waste surveys and diversion programs by providing accurate and timely service data, conducting 2596 site visits, and distributing materials. 2597
20.09 Programs and Services. Contractor must provide additional educational and outreach 2598 services and programs as requested by City at a price to be mutually agreed upon between the Contractor 2599 and the Agreement Administrator. In the event Contractor and the Agreement Administrator cannot reach a 2600 mutually agreed upon price for the requested service or program, City has the right to procure the service of 2601 other vendors or contractors to provide the requested service. 2602
20.10 Operations Plans. Contractor must adhere to the Transition Plan included as Exhibit 5, 2603 Customer Service Plan included as Exhibit 7, and Collection Service Operations Plan included as Exhibit 8 2604 that present the specific collection and processing programs that will be implemented in the City. 2605 Article 21. Emergency Service 2606
21.01 Revised Services During an Emergency. In the event of a major storm, earthquake, fire, 2607 natural disaster, or other such event, the Agreement Administrator may grant the Contractor a variance from 2608 regular routes and schedules, which will not be withheld unreasonably. As soon as practicable after such 2609 event, Contractor must advise the Agreement Administrator when it is anticipated that normal routes and 2610 schedules can be resumed. The Agreement Administrator will make an effort through the local news media 2611 FINAL AGREEMENT Page 75 of 192
to inform the public when regular services may be resumed. The clean-up from some events may require 2612 that Contractor hire additional equipment, employ additional personnel, or work existing personnel on 2613 overtime hours to clean debris resulting from the event. Contractor will receive additional compensation, 2614 above the normal compensation contained in this Agreement, to cover the costs of rental equipment, 2615 additional personnel, overtime hours and other documented expenses based on the rates set forth in Exhibit 2616 1 provided Contractor has first secured written authorization and approval from City through the Agreement 2617 Administrator. City will be given equal priority and access to resources as with other franchise jurisdictions 2618 held by Contractor or its affiliates. 2619
21.02 Disaster Recovery Support. In the event of a tornado, major storm, earthquake, fire, natural 2620 disaster, or other such event, Contractor agrees to provide disaster recovery support upon request by 2621 Agreement Administrator. This may include additional hauling of debris, special handling such as wrapping 2622 waste in plastic (i.e., “burrito wrapping”), temporary storage of debris where feasible, additional disposal, use 2623 of different transfer and disposal facilities, and documentation of debris type, weight, and diversion. 2624 Contractor should follow protocol laid out in the City’s Draft Disaster Debris Plan and any subsequent County 2625 or City Disaster Debris Plans, as applied to solid waste hauling and handling. 2626 Article 22. Record Keeping and Reporting Requirements 2627
22.01 Record Keeping. Notwithstanding Article 47 herein: 2628
22.01.1 Accounting Records. Contractor must maintain full, complete and separate 2629 financial, statistical and accounting records, pertaining to cash, billing, and provisions of all Collection 2630 Services, prepared on an accrual basis in accordance with generally accepted accounting principles. Such 2631 records will be subject to audit, copy, and inspection for the purposes set forth in Section 17.02.3. Gross 2632 receipts derived from provision of the Collection Services, whether such services are performed by 2633 Contractor or by a subcontractor or subcontractors, will be recorded as revenues in the accounts of 2634 Contractor. The Contractor shall keep and preserve, during the Term of this Agreement, and for a period 2635 of not less than four (4) years following expiration or other termination hereof, full, complete and accurate 2636 records, including all cash, billing and disposal records, as indicated in the Agreement. 2637
22.01.1.1 City reserves the right to review audited, reviewed, or compiled 2638 financial statements prepared by an independent Certified Public Accountant, or as may be provided by 2639 Contractor or its parent company. In the event that Contractor does not maintain separate financial or 2640 accounting records prepared specifically for services provided under this Agreement, Contractor may use 2641 industry standard allocation methods to provide financial information as applicable to the service provided 2642 under this Agreement. 2643
22.01.2 Agreement Materials Records. Contractor must maintain records of the quantities 2644 of (i) Residential, MFD, MXD and Commercial Solid Waste Collected and disposed under the terms of this 2645 Agreement, (ii) Recyclable Materials, by type, Collected, purchased, processed, sold, donated or given for 2646 no compensation, and residue disposed under the terms of this Agreement, and (iii) Organic Waste by type, 2647 Collected, purchased, processed, sold, donated or given for no compensation, and residue disposed under 2648 the terms of this Agreement 2649
FINAL AGREEMENT Page 76 of 192
22.01.3 Other Records. Contractor must maintain all other records reasonably related to 2650 provision of Collection Services, whether or not specified in this Agreement. 2651
22.01.4 Report Format. All reports to be submitted in a format approved by the City, 2652 including electronic data submission in the City’s Waste Reporting System and in a format specified by the 2653 City. 2654
22.02 Quarterly Reporting. 2655
22.02.1 General. Quarterly reports must be submitted no later than 5 p.m. PT on the last 2656 day of the month following the end of Quarter in which the receipts are collected and must be provided 2657 electronically using software acceptable to the City. If the last day of the month falls on a day that City is 2658 closed or a holiday, then the report will be due on the next business day. Failure to submit complete 2659 quarterly reporting by the due date will result in penalties as specified in Exhibit 6. 2660
22.02.2 City Reports. Quarterly reports to City must include: 2661
22.02.2.1 Quarterly Payment Reporting. The payment report must include 2662 an accounting of Contractor’s Gross Revenues received during the preceding Quarter, and the calculated 2663 Franchise Fee and Marketing and Sales of Recyclable Materials Payment. 2664
22.02.2.2 Franchised Tonnage and Service Data. Contractor must report the 2665 number of unique SFD and MFD accounts serviced, the number of unique Commercial, MXD, and City 2666 accounts serviced, tonnage of Garbage, Recyclable Materials and Organic Waste collected and processed 2667 for diversion broken down by Container type, Residual amounts from Recycling and Organic Waste 2668 Diversion operations that are landfilled. Quantities should be broken down by SFD, MFD, MXD, 2669 Commercial, and City Service Collection Services. MXD properties must have tonnage assigned 2670 appropriately to Residential and Commercial generators. 2671
22.02.2.3 Overweight Vehicle Reporting. The quarterly report must include 2672 a summary total of all instances of overweight Collection Vehicles. This summary must include the number 2673 of overweight vehicle instances expressed as a percentage of the total number of Collection Vehicle loads 2674 transported during the reported quarter. 2675
22.02.2.4 Non-Collection. The quarterly report must include a summary of 2676 each Service Unit receiving a Non-Collection Notice in the previous quarter along with a description for the 2677 Non-Collection Notice. 2678
22.02.2.5 On-hold. The quarterly report must include each Service Unit that 2679 was not billed in the previous quarter due to vacation hold, vacancy etc. 2680
22.02.2.5.1 Vacation Hold Requirements. A Service Unit can be 2681 considered under a vacation hold under the following circumstances: a) Service will be suspended for no 2682 less than 3 consecutive months and no more than 6 consecutive months, b) Service will not be suspended 2683 more than once per rolling twelve month period,c) Application is being made at least 14 days in advance of 2684 FINAL AGREEMENT Page 77 of 192
the suspension start date, d) The property will remain unoccupied during the suspension and no waste will 2685 be generated on site, e) The account balance is current and will be kept current during the suspension 2686 period 2687
22.02.2.6 Collection Overage Charges. The quarterly report must include 2688 each Service Unit incurring a charge for a Solid Waste Overage in the previous quarter. 2689
22.02.2.7 Contamination Reporting. To the extent required by Applicable 2690 Law, the quarterly report must include a summary of all instances of qualifying contamination under the 2691 procedures in Section 5.08. This summary must include the total number of accounts where contamination 2692 occurred, the total number of Contamination Violation Notices issued by Contractor to Service Recipients, 2693 a list of accounts where such notices occurred, and the total number of instances where Collection 2694 Container size or Collection frequency was increased specifically due to contamination. Within twenty (20) 2695 Work Days of request by City, Contractor will provide copies of the Contamination Violation Notices and 2696 the digital documentation of contamination. 2697
22.02.2.8 Service Recipient Complaint Log. The quarterly report must 2698 include the Service Recipient call log collected from the previous quarter. 2699
22.03 Annual Reporting. 2700
22.03.1 General. An annual report must be submitted no later than 5 p.m. PT on January 2701 31, 2024 and each January 31st thereafter for the previous Calendar Year. If January 31st falls on a day that 2702 City is closed, then the report will be due on the next business day. Annual reports must be submitted 2703 electronically in software acceptable to the City. Failure to submit complete annual reporting by the due 2704 date will result in penalties as specified in Exhibit 6. Annual reports to City must include: 2705
22.03.1.1 Financial Statements. Contractor must submit make available 2706 annual financial statements for review, upon request by the City, for the local operation. Statements need 2707 not be reviewed or audited statements. 2708
22.03.1.2 Annual Sustainability and Compliance Report. Contractor must 2709 complete and submit data sections within their Sustainability and Compliance Plan to document education 2710 and outreach conducted, public event participation, school visits, compliance notices mailed, site visits, 2711 waste audits completed, information distributed, and media used, and community events hosted. This must 2712 include public education activities undertaken during the year, including distribution of bill inserts, collection 2713 notification tags, community information and events, tours and other activities related to the provision of 2714 Collection Services, and must discuss the impact of these activities on recycling program participation and 2715 include amounts collected from SFD, MFD, MXD, Commercial, and City Service Units. The report should 2716 include a complete list of all non-exempt commercial accounts, which includes each non-exempt account’s 2717 status as a “covered generator” under AB 341, AB 1826 and SB 1383, the date and status of Contractor’s 2718 outreach efforts at each non-exempt account, and the current level of Recycling and Organics program 2719 participation at each non-exempt account. 2720
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22.03.1.3 Summary of Programs. An analysis of any Recycling and Organic 2721 Waste Collection, processing and marketing issues or conditions (such as participation, setouts, 2722 contamination, etc.) and possible solutions, discussed separately for Residential and Commercial 2723 programs. 2724
22.03.1.4 Solid Waste Data. The number of SFD, MFD, MXD, Commercial, 2725 and City Service Units and the number of Collection Containers distributed by size and Service Unit type. 2726
22.03.1.5 Waste Characterization Data. A breakdown of Solid Waste 2727 (Garbage, Recycling, and Organics) by material type as per CalRecycle material classifications. 2728
22.03.1.6 Recycling Data. Gross tons Collected daily on average by material 2729 type by route for SFD, MFD, MXD, Commercial, and City Recycling service, with map of routes. The 2730 average participation rates by quarter relative to the total number of Service Units by Service Unit type. 2731 Indicate, by material type (and grade where appropriate), annual totals of Recyclable Materials processed 2732 including facility name and location, average cost or price received per ton and total recycling cost or 2733 revenue received for the year. Indicate any quantities, by material type, donated or otherwise disbursed 2734 without compensation. Indicate number of Recycling Collection Containers distributed by size and Service 2735 Unit type. Also provide annual totals and location for residue disposed. 2736
22.03.1.7 Organic Waste Data. Include average daily gross tons Collected 2737 by route, separated by Green Waste and Food Waste, with map of routes. Include the total number of 2738 generators that receive each type of Organic Waste Collection Service provided by the Contractor. Indicate 2739 average daily number of set-outs by route. Indicate average participation rates relative to the total number 2740 of Service Units in terms of weekly set-out counts. Indicate number of Organic Waste Collection Containers 2741 distributed by size and Service Unit type. Indicate, by material type, annual totals of Organic Materials 2742 processed including facility name and location, average cost or price received per ton and total organics 2743 cost or revenue received for the year. Provide totals and location for Residue Disposed. Include the number 2744 of route reviews conducted for prohibited contaminants and the number of Non-Collection Notices issued 2745 to Service Recipients. 2746
22.03.1.8 Customer Service Log. A copy of the customer service log, 2747 including a summary of the type and number of complaints and their resolution. Copies of a written record 2748 of all calls related to missed pickups and responses to such calls. 2749
22.03.1.9 Customer Service Information Sheet. A copy of Contractor’s most 2750 recent Customer Service Information Sheet (i.e., customer call center “cheat sheet”) for the City of Santa 2751 Clarita, or the equivalent information used by customer service representatives. 2752
22.03.1.10 Overweight Vehicle Data. A summary of all instances of 2753 overweight Collection Vehicles. This summary must also include the number of overweight vehicle 2754 instances as a percentage of the total number of Collection Vehicle loads transported during the Calendar 2755 Year. 2756
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22.03.1.11 Summary Narrative. A summary narrative of problems 2757 encountered with Collection and processing activities and actions taken. Indicate type and number of Non-2758 Collection Notices left at Service Recipient locations. Indicate instances of property damage or injury, 2759 significant changes in operation, market factors, publicity conducted, needs for publicity. Include description 2760 of processed material loads rejected for sale, reason for rejection and disposition of load after rejection. 2761
22.03.1.12 Collection Container and Vehicle Inventory. An updated complete 2762 inventory of Collection Containers by type and size, and an updated complete inventory of Collection 2763 Vehicles including for each vehicle: truck number, route number, date purchased, vehicle type, tare weight, 2764 license plate number, fuel type and vehicle make and model. 2765
22.03.1.13 Diversion Rate. Contractor must provide documentation 2766 acceptable to City in its reasonable judgment stating and supporting the Calendar Year’s Franchise 2767 Diversion Rate, as calculated in accordance with the provisions of Article 8. Any tonnages diverted and 2768 disposed from large venues and events during the reporting period will be counted towards the calculated 2769 diversion rate. 2770
22.03.1.14 AB 341, AB 1826, and SB 1383 Compliance Data. Contractor 2771 must report the total number of Commercial and MFD/MXD Service Units serviced and the number of 2772 containers, container sizes and frequency of collection for Garbage, Recyclable Materials and Organic 2773 Waste for each non-exempt Commercial and MFD/MXD Service Unit. Contractor must also provide the 2774 following information separately for both AB 341 and AB 1826: 2775
22.03.1.15 The total number of non-exempt Commercial, MFD, and MXD 2776 Service Units that fall under the AB 341 or AB 1826 thresholds, and the total number of those non-exempt 2777 Commercial, MFD, and MXD Service Units that are not subscribed to Commercial, MFD, or MXD Recycling 2778 Collection Service or Commercial, MFD, or MXD Organics Collection Service. 2779
22.03.1.16 A summary of the type of follow-up outreach that was provided to 2780 those non-exempt Commercial, MFD, and MXD Service Units that are not subscribed to Commercial, MFD, 2781 or MXD Recycling Collection Service or Commercial, MFD, or MXD Organics Collection Service. 2782
22.03.1.17 Contractor shall provide proof of training records for Service 2783 Recipient personnel, emergency procedures, Customer Service Courtesy, and how to recognize Illicit 2784 Discharges and stormwater pollution sources. 2785
22.04 Diversion Calculation and Data. By 5 p.m. PT on February 14 August 15, 2024 and annually 2786 thereafter during the term of this Agreement, Contractor must deliver to City, in the format specified by City, 2787 the Calendar Year’s Franchised Diversion Rate, as calculated in accordance with the provisions of Article 8. 2788 Any tonnages Diverted and disposed from large venues and events during the reporting period will be 2789 counted towards the calculated Diversion rate. 2790
22.05 CalRecycle Reports. Contractor will provide reasonable assistance to City in preparing 2791 annual reports to CalRecycle (the “Electronic Annual Report” or EAR), including but not limited to supplying 2792 FINAL AGREEMENT Page 80 of 192
required data for preparation of the reports, and completing all required data input in the Waste Reporting 2793 System. 2794
22.05.1 In the event that CalRecycle requires City to report an Implementation Schedule 2795 to comply with AB 341, AB 1826, SB 1383, SB 1594 and other Applicable Laws, Contractor will provide 2796 assistance to City in preparing a report, including Contractor’s policies and procedures related to 2797 compliance with AB 341, AB 1826, SB 1383, and other Applicable Laws and how Recyclable Materials or 2798 Organic Waste are collected, a description of the geographic area, routes, list of addresses served and a 2799 method for tracking contamination, copies of route audits, copies of notice of contamination, copies of 2800 notices, violations, education and enforcement actions issued, and copies of educational materials, flyers, 2801 brochures, newsletters, website, and social media. 2802
22.06 Waste Characterization Audit. Contractor must conduct statistically-valid waste audits of 2803 Residential and Commercial Service Recipients’ waste once annually, including Recycling, Garbage, and 2804 Organic Waste, and provide characterization data to the City as part of its Annual Report (Section 22.03). 2805 Material types and guidance should follow CalRecycle requirements and/or recommendations. 2806
22.07 Additional Reporting. Contractor must furnish City with any additional reports as may 2807 reasonably be required, such reports to be prepared within a reasonable time following the reporting period. 2808 Article 23. Nondiscrimination 2809
23.01 Nondiscrimination. In the performance of all work and services under this Agreement, 2810 Contractor may not discriminate against any person based on such person’s race, sex, gender, gender 2811 identity, color, national origin, religion, marital status or sexual orientation. Contractor must comply with all 2812 applicable local, State and Federal laws and regulations regarding nondiscrimination, including those 2813 prohibiting discrimination in employment. 2814
Article 24. Service Inquiries and Complaints 2815
24.01 Contractor’s Customer Service. All service inquiries and complaints will be directed to 2816 Contractor. A representative of Contractor must be available to receive the complaints during normal 2817 business hours. Contractor is required to use the City’s Resident Service Center (RSC) or any customer 2818 Relationship Management System put in place by the City in the future for handling of customer complaints 2819 received by the City for hauling, illegal dumping, and any other services under this Agreement. Contractor 2820 must participate in mandatory RSC training before using system and at least annually thereafter. Customer 2821 Service training shall include Service Recipient courtesy, shall prohibit the use of loud or profane language, 2822 and shall instruct Collection crews to perform the work quietly. Contractor shall use its best efforts to assure 2823 that all employees present a neat appearance and conduct themselves in a courteous manner. All service 2824 complaints will be handled by Contractor in a prompt and efficient manner. RSC cases must be addressed 2825 and resolved within three (3) Work Days unless otherwise noted in 24.01.5. In the case of a dispute between 2826 Contractor and a Service Recipient, the matter will be reviewed, and a decision made by the Agreement 2827 Administrator. 2828
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24.01.1 Contractor will utilize the Customer Service Log to maintain a record of all inquiries 2829 and complaints in a manner prescribed by City. 2830
24.01.2 For those complaints related to missed Collections, where Containers are properly 2831 and timely set out, that are received by 12:00 noon on a Work Day, Contractor will return to the Service 2832 Unit address and Collect the missed materials before leaving the Service Area for the day. For those 2833 complaints related to missed Collections that are received after 12:00 noon on a Work Day, Contractor will 2834 have until the end of the following Work Day to resolve the complaint. For those complaints related to repair 2835 or replacement of Collection Containers, the appropriate Sections of this Agreement will apply. 2836
24.01.3 Contractor agrees that it is in the best interest of City that all Garbage, Recyclable 2837 Materials, and Organic Waste be collected on the scheduled Collection day. Accordingly, missed 2838 Collections will normally be Collected as set forth above regardless of the reason that the Collection was 2839 missed. However, in the event a Service Recipient requests missed Collection service more than two (2) 2840 times in any consecutive two (2) month period the Agreement Administrator will work with Contractor to 2841 determine an appropriate resolution to that situation. In the event Contractor believes any complaint to be 2842 without merit, Contractor will notify the Agreement Administrator, by e-mail. The Agreement Administrator 2843 will investigate all disputed complaints and render a decision. 2844
24.01.4 Contractor’s service and emergency telephone numbers must be accessible by a 2845 local (City) phone number or toll-free number. The service telephone number(s) must be listed in the area’s 2846 telephone directories under Contractor’s name in the White Pages and available through an online search 2847 and listed on the Contractor’s website. 2848
24.01.5 For routine service requests generated from either the City or customers, the 2849 Contractor will address and resolve the issue within three (3) working days. More complicated requests 2850 may be extended by the City due to circumstances such as container delivery issues, data requests, or 2851 procurement difficulties. For requests that exceed the time limit to complete the Contractor is subject to 2852 Administrative Charges found in Exhibit 6. 2853
2854
Article 25. Quality of Performance of Contractor 2855
25.01 Intent. Contractor acknowledges and agrees that one of City’s primary goals in entering 2856 into this Agreement is to ensure that the Collection Services are of the highest caliber, that Service Recipient 2857 satisfaction remains at the highest level, that maximum diversion levels are achieved, and that materials 2858 Collected are put to the highest and best use to the extent possible. 2859
25.02 Administrative Charges and Penalties. Quality performance by the Contractor is of primary 2860 importance. In respect of this, Contractor agrees to pay City administrative charges and penalties as detailed 2861 in Exhibit 6 should Contractor fail to meet its responsibilities under this Agreement. Should Contractor be in 2862 breach of the requirements set forth in this Agreement, it is mutually understood and agreed that the public 2863 will necessarily suffer damages and that such damages, from the nature of the default in performance will 2864 be extremely difficult and impractical to fix. City finds, and the Contractor agrees, that as of the time of the 2865 FINAL AGREEMENT Page 82 of 192
execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages 2866 which will be incurred by City as a result of a breach by Contractor of its obligations under this Agreement. 2867 The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact 2868 that: (i) substantial damage results to members of the public who are denied services or denied quality or 2869 reliable service; (ii) such breaches cause inconvenience, anxiety, frustration and deprivation of the benefits 2870 of this Agreement to individual members of the general public for whose benefit this Agreement exists, in 2871 subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary 2872 terms; (iii) services might be available at substantially lower costs than alternative services, and the monetary 2873 loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in 2874 precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies 2875 are, at best, a means of future correction and not remedies which make the public whole for past breaches. 2876
25.03 Procedure for Review of Administrative Charges. The Agreement Administrator may 2877 assess administrative charges and penalties as specified in Exhibit 6 pursuant to this Agreement quarterly. 2878 At the end of each quarter during the term of this Agreement, the Agreement Administrator will issue a written 2879 notice to Contractor (“Notice of Assessment”) of the administrative charges assessed and the basis for each 2880 assessment. 2881
25.03.1 The assessment will become final unless, within ten (10) calendar days of the date 2882 of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to 2883 present evidence that the assessment should not be made. 2884
25.03.2 The Agreement Administrator will schedule a meeting between Contractor and the 2885 City Manager as soon as reasonably possible after timely receipt of Contractor’s request. 2886
25.03.3 The City Manager will review Contractor’s evidence and render a decision 2887 sustaining or reversing the administrative charges as soon as reasonably possible after the meeting. Written 2888 notice of the decision will be provided to Contractor. 2889
25.03.4 In the event Contractor does not submit a written request for a meeting within ten 2890 (10) calendar days of the date of the Notice of Assessment, the Agreement Administrator’s determination 2891 will be final. 2892
25.03.5 City’s assessment or collection of administrative charges will not prevent City from 2893 exercising any other right or remedy, including the right to terminate this Agreement, for Contractor’s failure 2894 to perform the work and services in the manner set forth in this Agreement. 2895
25.04 Uncontrollable Circumstances. 2896
25.04.1 If either party is prevented from or delayed in performing its duties under this 2897 Agreement by circumstances beyond its control, whether or not foreseeable, including, without limitation, 2898 acts of terrorism, landslides, lightning, forest fires, storms, floods, severe weather, freezing, earthquakes, 2899 other natural disasters, the threat of such natural disasters, pandemics (or threat of same), quarantines, 2900 civil disturbances, acts of the public enemy, wars, blockades, public riots, strikes, lockouts, or other labor 2901 FINAL AGREEMENT Page 83 of 192
disturbances, acts of government or governmental restraint or other causes, whether of the kind 2902 enumerated or otherwise, that are not reasonably within the control of the affected party, then the affected 2903 party will be excused from performance hereunder during the period of such disability. 2904
25.04.2 The party claiming excuse from performance must promptly notify the other party 2905 when it learns of the existence of such cause, including the facts constituting such cause, and when such 2906 cause has terminated. 2907
25.04.3 The interruption or discontinuance of services by a party caused by circumstances 2908 outside of its control will not constitute a default under this Agreement. 2909 Article 26. Performance Bond 2910
26.01 Performance Bond. Within ten (10) Business Days from the date the City Council approves 2911 this Agreement, Contractor must furnish to City, and keep current, a performance bond, for the faithful 2912 performance of this Agreement and all obligations arising hereunder in an amount as follows: 2913
26.01.1 From July 1, 2023 and so long as this Agreement or any extension thereof remains 2914 in force, Contractor must maintain a performance bond in the amount of two million dollars ($2,000,000). 2915
26.01.1.1 The performance bond must be executed by a surety company 2916 licensed to do business in the State of California; having an "A-" or better rating by A. M. Best or Standard 2917 and Poor’s; and included on the list of surety companies approved by the Treasurer of the United States. 2918
26.01.1.2 In the event City draws on the bond, all of City’s costs of collection 2919 and enforcement of the Bond, including reasonable attorney’s fees and costs, must be paid by Contractor. 2920
26.01.1.3 The Performance Bond must be renewed annually for the entire 2921 term of the Agreement and evidence must be provided to City annually. 2922 Article 27. Insurance 2923
27.01 Insurance Policies. Contractor must secure and maintain throughout the term of this 2924 Agreement insurance against claims for injuries to persons or damages to property which may arise from or 2925 in connection with Contractor’s performance of work or services under this Contract. Contractor’s 2926 performance of work or services includes performance by Contractor’s employees, agents, representatives 2927 and subcontractors. 2928
27.02 Minimum Scope of Insurance. Insurance coverage must be at least this broad: 2929
27.02.1 Insurance Services Office Form No. GL 0002 (Ed. 1/96) covering Comprehensive 2930 General Liability and Insurance Services Office Form No. GL 0404 covering Broad Form Comprehensive 2931 General Liability; or Insurance Services Office Commercial General Liability coverage (“occurrence” form 2932 CG 0001), including X, C, U where applicable. 2933
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27.02.2 Insurance Services Office Form No.CA 0001 (Ed. 120/913) covering Automobile 2934 Liability, code 1 “any auto”, or code 2 “owned autos” and endorsement CA 0025. Coverage must also 2935 include code 8, “hired autos” and code 9 “non-owned autos”. 2936
27.02.3 Workers’ Compensation insurance as required by the California Labor Code and 2937 Employers Liability Insurance. 2938
27.02.4 Environmental Pollution Liability Insurance. 2939
27.03 Minimum Limits of Insurance. Contractor must maintain insurance limits no less than: 2940
27.03.1 Comprehensive General Liability: $3,000,000 combined single limit per occurrence 2941 for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a 2942 general aggregate limit is used, either the general aggregate limit will apply separately to this Agreement 2943 or the general aggregate limit must be $5,000,000. 2944
27.03.2 Automobile Liability: $10,000,000 combined single limit per accident for bodily 2945 injury and property damage. 2946
27.03.3 Workers’ Compensation and Employers Liability: Workers’ Compensation limits as 2947 required by the California Labor Code and Employers Liability limits of $1,000,000 per accident. 2948
27.03.4 Environmental Pollution Liability: $3,000,000 per occurrence and $5,000,000 2949 aggregate, with five (5) years tail coverage. Coverage shall include bodily injury or property damage arising 2950 out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of 2951 pollutants resulting from Contractor’s operations. 2952
27.03.5 If Consultant maintains higher limits than the minimum shown above, the City 2953 requires and shall be entitled to coverage for the higher limits maintained by the Service Provider. Any 2954 available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be 2955 available to the City. 2956
27.04 Deductibles and Self-Insured Retention. Any deductibles or self-insured retention must be 2957 declared to City’s risk manager. Should City form a reasonable belief that Contractor may be unable to pay 2958 any deductibles or self-insured retentions, Contractor must procure a bond guaranteeing payment of losses 2959 and related investigations, claim administration and defense expenses in an amount specified by City’s risk 2960 manager. 2961
27.05 Endorsements. The policies are to contain, or be endorsed to contain, the following 2962 provisions: 2963
27.05.1 General Liability, Automobile and Environmental Liability Coverage. 2964
27.05.1.1 City, its officers, employees, agents and contractors are to be 2965 covered as additional insureds as respects: Liability arising out of activities performed by, or on behalf of, 2966 FINAL AGREEMENT Page 85 of 192
Contractor; products and completed operations of Contractor; premises owned, leased or used by 2967 Contractor; and automobiles owned, leased, hired or borrowed by Contractor. The coverage must contain 2968 no special limitations on the scope of protection afforded to City, its officers, employees, agents and 2969 contractors. 2970
27.05.1.2 Contractor’s insurance coverage must be primary insurance as 2971 respects City, its officers, employees, agents and contractors. Any insurance, or self-insurance maintained 2972 by City, its officers, employees, agents or contractors will be in excess of Contractor’s insurance and will 2973 not contribute with it. 2974
27.05.1.3 Any failure to comply with reporting provisions of the policies will 2975 not affect coverage provided to City, its officers, employees, agents, or contractors. 2976
27.05.1.4 Coverage must State that Contractor’s insurance will apply 2977 separately to each insured against whom claim is made or suit is brought, except with respect to the limits 2978 of the insurer’s liability. 2979
27.05.2 All Coverage. Each insurance policy required by this Agreement must be endorsed 2980 to State that coverage may not be canceled except after thirty (30) calendar days (ten (10) days in the event 2981 of cancellation for non-payment) prior written notice has been given to City. Moreover, Contractor will not 2982 order the cancellation of any required insurance policy or change in insurance policy limits without thirty 2983 (30) days prior written notice to City by Contractor. 2984
27.06 Acceptability of Insurers. Insurance is to be placed with insurers having an A.M. Best rating 2985 of A-/VII or better. 2986
27.07 Verification of Coverage. Contractor must furnish City with certificates of insurance and 2987 with original endorsements affecting coverage required by this Agreement. The certificates and endorsement 2988 for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its 2989 behalf. Contractor must furnish City with a new certificate of insurance and endorsements on each renewal 2990 of coverage or change of insurers. 2991
27.07.1 Proof of insurance must be mailed to the following address or any subsequent 2992 address as may be directed by the City: 2993
City of Santa Clarita Neighborhood Services Department 2994 Attn: Environmental Services Manager 2995
23920 Valencia Blvd., Suite 102 2996
Santa Clarita, CA 91355 2997
27.08 Subcontractors. Contractor must include all subcontractors performing services in the City 2998 as insureds under its policies or subcontractors must obtain separate certificates and endorsements. 2999
27.09 Modification of Insurance Requirements. The insurance requirements provided in this 3000 Agreement may be modified or waived by City’s risk manager, in writing, upon the request of Contractor if 3001 FINAL AGREEMENT Page 86 of 192
City’s risk manager determines such modification or waiver is in the best interest of City considering all 3002 relevant factors, including exposure to City. 3003
27.10 Rights of Subrogation. All required insurance policies must preclude any underwriter's 3004 rights of recovery or subrogation against City with respect to matters related to Contractor’s performance of 3005 its obligations under this Agreement, with the express intention of the parties being that the required 3006 insurance coverage protects both parties as the primary coverage for any and all losses covered by the 3007 above-described insurance. Contractor must ensure that any companies issuing insurance to cover the 3008 requirements contained in this Agreement agree that they will have no recourse against City for payment or 3009 assessments in any form on any policy of insurance. The clauses ‘Other Insurance Provisions’ and ‘Insured 3010 Duties in the Event of an Occurrence, Claim or Suit’ as it appears in any policy of insurance in which City is 3011 named as an additional insured will not apply to City. 3012
27.11 Failure to maintain insurance. Should Contractor fail to obtain or maintain insurance as 3013 required by this Agreement, Contractor shall have seven (7) days to cure the defect, during which time 3014 City shall have the option, but not the obligation to, at Contractor's sole expense: (i) hire replacement waste 3015 hauler services to perform Contractor's tasks until insurance coverage is resumed; or (ii) obtain replacement 3016 insurance coverage during said cure period. Should Contractor fail to correct this defect, City shall have the 3017 option to terminate this Agreement immediately. 3018
Article 28. Hold Harmless and Indemnification 3019
28.01 Hold Harmless for Consultant's Damages. Contractor holds City, its elected officials, 3020 officers, agents, employees, and volunteers harmless from all of Contractor’s claims, demands, lawsuits, 3021 judgments, damages, losses, injuries or liability to Contractor, to Contractor’s employees, to Contractor’s 3022 contractors or subcontractors, or to the owners of Contractor’s firm, which damages, losses, injuries or 3023 liability occur during the work or services required under this Agreement, or performance of any activity or 3024 work required under this Agreement. 3025
28.02 Defense and Indemnity of Third Party Claims/Liability. Contractor shall indemnify, defend 3026 with legal counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers 3027 from and against all liability including, but not limited to, loss, damage, expense, cost (including without 3028 limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature 3029 arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct in the 3030 performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, 3031 except such loss or damage which is caused by the active negligence or willful misconduct breach of this 3032 Agreement, or violation of law byof City. Should conflict of interest principles preclude a single legal counsel 3033 from representing both City and Contractor, or should City otherwise reasonably find Contractor’s legal 3034 counsel unacceptable, then Contractor shall reimburse City its costs of defense, including without limitation 3035 reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor shall 3036 promptly pay City any final judgment rendered against City (and its officers, officials, employees and 3037 volunteers) with respect to claims determined by a trier of fact to have been the result of Contractor’s 3038 negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing 3039 FINAL AGREEMENT Page 87 of 192
provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and 3040 will survive termination of this Agreement. 3041
28.02.1 Contractor’s obligations under this Section apply regardless of whether or not such 3042 claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine 3043 or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the 3044 rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold 3045 harmless City for liability attributable to the active negligence of City, provided such active negligence is 3046 determined by agreement between the parties or by findings of a court of competent jurisdiction. In 3047 instances where City is shown to have been actively negligent and where City’s active negligence accounts 3048 for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion 3049 or percentage of liability not attributable to the active negligence of City. 3050
28.03 Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, 3051 defense or hold harmless rights under this Section because of the acceptance by City, or the deposit with 3052 City, of any insurance certificates or policies described in Article 27. 3053
28.04 Diversion Indemnification. Subject to the requirements of Public Resources Code section 3054 40059.1 and 40059.2 , which will control in the event of any conflict with the provisions of this Section, 3055 Contractor agrees to protect and defend City Indemnitees with counsel selected by Contractor and approved 3056 by City, to pay all attorneys’ fees, and to indemnify and hold City Indemnitees harmless from and against all 3057 fines or penalties imposed by the California Integrated Waste Management Board if the diversion goals 3058 specified in California Public Resources Code section 41780, as it may be amended, are not met by City 3059 with respect to the Materials Collected by Contractor and if the lack in meeting such goals are attributable 3060 to the failure of Contractor to implement and operate the recycling or diversion programs or undertake the 3061 related activities required by this Agreement. In the event CalRecycle provides an administrative process to 3062 challenge the imposition of a compliance order or a fine or fines, Contractor will be responsible for engaging 3063 any consultants or attorneys necessary to represent City in any challenge. Contractor will be responsible for 3064 the retention of and payment to any consultants engaged to perform waste generation studies (diversion 3065 and disposal). All consultants and attorneys engaged hereunder are subject to the agreement of City and 3066 Contractor. 3067
28.05 Hazardous Substances Indemnification. Contractor agrees to indemnify, defend (with 3068 counsel reasonably approved by City), protect and hold harmless the City Indemnitees from and against any 3069 and all Claims of any kind whatsoever paid, suffered or incurred by or against the City Indemnitees resulting 3070 from any repair, cleanup, removal action or response action undertaken pursuant to CERCLA, the Health & 3071 Safety Code or other similar Federal, State or local law or regulation, with respect to Solid Waste or 3072 Household Hazardous Waste Collected and Disposed of by Contractor. The foregoing indemnity is intended 3073 to operate as an agreement pursuant to Section 107(e) of CERCLA and Section 25364 of the Health & 3074 Safety Code to defend, protect, hold harmless and indemnify the City Indemnitees from all forms of liability 3075 under CERCLA, the Health & Safety Code or other similar Federal, State or local law or regulation. 3076
28.06 Proposition 218 Release. City intends to comply with all applicable laws concerning the 3077 Maximum Service Rates provided under this Agreement. Upon thorough analysis, the parties have made a 3078 FINAL AGREEMENT Page 88 of 192
good faith determination that the Maximum Service Rates for the Solid Waste Collection Services provided 3079 under this Agreement are not subject to California Constitution Articles XIIIC and XIIID because, among 3080 other reasons, such services are provided by a private corporation and not by City pursuant to Article 5, 3081 Contractor independently establishes the rates for services within the limits established in this Agreement, 3082 the receipt of services is voluntary and not required of any property within City, and any owner or Service 3083 Recipient of property within City has the opportunity to avoid the services available under this Agreement 3084 either through self-hauling or use of property in such a manner that Solid Waste is not generated. 3085 Accordingly, Contractor agrees to hold harmless and release the City Indemnitees from and against any and 3086 all claims Contractor may have against the City Indemnitees resulting in any form from the Maximum Service 3087 Rates provided for under this Agreement or in connection with the application of California Constitution 3088 Article XIIIC and Article XIIID to the imposition, payment or collection of the rates under this Agreement. This 3089 Section will survive the expiration or termination of this Agreement for Claims arising prior to the expiration 3090 or termination of this Agreement. 3091
28.07 Consideration. It is specifically understood and agreed that the consideration inuring to 3092 Contractor for the execution of this Agreement consists of the promises, payments, covenants, rights and 3093 responsibilities contained in this Agreement. 3094
28.08 Obligation. This Agreement obligates Contractor to comply with the foregoing 3095 indemnification and release provisions; however, the collateral obligation of providing insurance must also 3096 be complied with as set forth in this Agreement. The provision of insurance and the coverage limits therein 3097 shall not in any way be a limitation on Contractor’s indemnification and defense obligations. 3098
28.09 Subcontractors. Contractor must require all subcontractors performing work in the City to 3099 enter into a contract containing the provisions set forth in Section 27.01 in which contract the subcontractor 3100 fully indemnifies City in accordance with this Agreement. 3101
28.10 Exception. Notwithstanding other provisions of this Agreement, Contractor’s obligation to 3102 indemnify, hold harmless and defend City, its officers and employees will not extend to any loss, liability, 3103 penalty, damage, action or suit arising or resulting solely from acts or omissions constituting active 3104 negligence, willful misconduct, breach of this Agreement, or violation of law on the part of City, its officers or 3105 employees. 3106
28.11 Damage by Contractor. If Contractor’s employees or subcontractors cause any injury, 3107 damage or loss to City property, including but not limited to City streets or curbs, excluding normal wear and 3108 tear, Contractor must reimburse City for City’s cost of repairing or replacing such injury, damage or loss. 3109 Such reimbursement is not in derogation of any right of City to be indemnified by Contractor for any such 3110 injury, damage or loss. With the prior written approval of City, Contractor may repair the damage at 3111 Contractor’s sole cost and expense. Any injury, damage or loss to private property caused by the negligent 3112 or willful acts or omissions of Contractor to private property must be repaired or replaced by Contractor at 3113 Contractor’s sole expense. Disputes between Contractor and its Service Recipients or private property 3114 owners as to damage to private property are civil matters and complaints of damage will be referred to 3115 Contractor as a matter within its sole responsibility and as a matter within the scope of Section 27.01 3116 [Indemnification]. 3117
FINAL AGREEMENT Page 89 of 192
Article 29. Default of Agreement 3118
29.01 Termination. City may cancel this Agreement, except as otherwise provided below in this 3119 Section, by giving Contractor thirty (30) calendar days advance written notice, to be served as provided in 3120 this Agreement, upon the happening of any one of the following events: 3121
29.01.1 Contractor takes the benefit of any present or future insolvency statute, or makes 3122 a general assignment for the benefit of creditors, or files a voluntary petition in bankruptcy (court) or a 3123 petition or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness 3124 under the Federal bankruptcy laws or under any other law or statute of the United States or any State 3125 thereof, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its 3126 property; or 3127
29.01.2 By order or decree of a court, Contractor is adjudged bankrupt or an order is made 3128 approving a petition filed by any of its creditors or by any of the stockholders of Contractor, seeking its 3129 reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law 3130 or statute of the United States or of any State thereof, provided that if any such judgment or order is stayed 3131 or vacated within sixty (60) calendar days after the entry thereof, any notice of default will be and become 3132 null, void and of no effect; unless such stayed judgment or order is reinstated in which case, such default 3133 will be deemed immediate; or 3134
29.01.3 By, or pursuant to, or under the authority of any legislative act, resolution or rule 3135 or any order or decree of any court or governmental board, agency or officer having jurisdiction, a receiver, 3136 trustee or liquidator takes possession or control of all or substantially all of the property of Contractor, and 3137 such possession or control continues in effect for a period of sixty (60) calendar days; or 3138
29.01.4 Contractor has defaulted, by failing or refusing to pay in a timely manner the 3139 administrative charges or other monies due City and such default is not cured within thirty (30) calendar 3140 days of receipt of written notice by City to do so; or 3141
29.01.5 Contractor has defaulted by allowing any final judgment for the payment of money 3142 owed to City to stand against it unsatisfied and such default is not cured within thirty (30) calendar days of 3143 receipt of written notice by City to do so; or 3144
29.01.6 In the event that the monies due City under Section 29.01.3 above or an unsatisfied 3145 final judgment under Section 29.01.4 above is the subject of a judicial proceeding, Contractor will not be in 3146 default if the sum of money is bonded. All bonds must be in the form acceptable to the City Attorney; or 3147
29.01.7 Contractor has defaulted, by failing or refusing to perform or observe any of the 3148 terms, conditions or covenants in this Agreement, including, but not limited to, the maintenance of a 3149 performance bond in accordance with Article 26, or any of the rules and regulations promulgated by City 3150 pursuant thereto or has wrongfully failed or refused to comply with the instructions of the Agreement 3151 Administrator relative thereto and such default is not cured within thirty (30) calendar days of receipt of 3152 written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied 3153 FINAL AGREEMENT Page 90 of 192
within thirty (30) calendar days following receipt by Contractor of written demand from City to do so, 3154 Contractor fails to commence the remedy of such default within such thirty (30) calendar days following 3155 such written notice or having so commenced fails thereafter to continue with diligence the curing thereof 3156 (with Contractor having the burden of proof to demonstrate (a) that the default cannot be cured within thirty 3157 (30) calendar days, and (b) that it is proceeding with diligence to cure such default, and such default will be 3158 cured within a reasonable period of time). However, notwithstanding anything contained herein to the 3159 contrary, for the failure of Contractor to provide Collection Services for a period of three (3) consecutive 3160 Work Days, City may secure Contractor's records on the fourth (4th) Work Day in order to provide interim 3161 Collection services until such time as the matter is resolved and Contractor is again able to perform pursuant 3162 to this Agreement; provided, however, if Contractor is unable for any reason or cause to resume 3163 performance at the end of thirty (30) calendar days all liability of City under this Agreement to Contractor 3164 will cease and this Agreement may be terminated by City. 3165
29.02 Violations. Notwithstanding the foregoing and as supplemental and additional means of 3166 termination of this Agreement under this Article, in the event that Contractor's record of performance shows 3167 that Contractor has defaulted in the performance of any of the covenants and conditions required herein to 3168 be kept and performed by Contractor three (3) or more times in any twenty-four (24) month period, and 3169 regardless of whether the Contractor has corrected each individual condition of default, Contractor will be 3170 deemed a "habitual violator", will be deemed to have waived the right to any further notice or grace period 3171 to correct, and all such defaults will be considered cumulative and collectively will constitute a condition of 3172 irredeemable default. City will thereupon issue Contractor a final warning citing the circumstances therefore, 3173 and any single default by Contractor of whatever nature, subsequent to the occurrence of the last of such 3174 cumulative defaults, will be grounds for immediate termination of the Agreement. In the event of any such 3175 subsequent default, City may terminate this Agreement upon giving of written final notice to Contractor, such 3176 cancellation to be effective upon the date specified in City's written notice to Contractor, and all contractual 3177 fees due hereunder plus any and all charges and interest will be payable to such date, and Contractor will 3178 have no further rights hereunder. Immediately upon the specified date in such final notice Contractor must 3179 cease any further performance under this Agreement. 3180
29.03 Effective Date. In the event of any the events specified above, and except as otherwise 3181 provided in such subsections, termination will be effective upon the date specified in City's written notice to 3182 Contractor and upon such date this Agreement will be deemed immediately terminated and upon such 3183 termination, except for payment of services rendered up to and including the date of termination, all liability 3184 of City under this Agreement to Contractor will cease, and City will have the right to call the performance 3185 bond and will be free to negotiate with other contractors for the operation of interim and long-term Collection 3186 Services. Contractor must reimburse City for all direct and indirect costs of providing any interim Collection 3187 Services as a result of Contractor’s default in this Agreement. 3188
29.04 Termination Cumulative. City’s right to terminate this Agreement is cumulative to any other 3189 rights and remedies provided by law or by this Agreement. 3190
29.05 Alternative Service. Should Contractor, for any reason, except the occurrence or existence 3191 of any of the events or conditions set forth in Section 25.04 [Uncontrollable Circumstances], refuse or be 3192 unable for a period of more than forty-eight (48) hours, to Collect a material portion or all of the Solid Waste 3193 FINAL AGREEMENT Page 91 of 192
which it is obligated under this Agreement to Collect, and as a result, Solid Waste should accumulate in City 3194 to such an extent, in such a manner, or for such a time that the City Manager, in the reasonable exercise of 3195 the City Manager's discretion, should find that such accumulation endangers or menaces the public health, 3196 safety or welfare, then City will have the right to Agreement with another Solid Waste enterprise to Collect 3197 any or all Solid Waste which Contractor is obligated to Collect pursuant to this Contract. City must provide 3198 twenty-four (24) hours prior written notice to Contractor during the period of such event, before contracting 3199 with another Solid Waste enterprise to Collect any or all Solid Waste that Contractor would otherwise collect 3200 pursuant to this Agreement for the duration of period during which Contractor is unable to provide such 3201 services. In such event, Contractor must undertake commercially reasonable efforts to identify sources from 3202 which such substitute Solid Waste services are immediately available and must reimburse City for all of its 3203 expenses for such substitute services during period in which Contractor is unable to provide Collection 3204 services required by this Agreement. 3205
29.06 Survival of Certain Contractor Obligation. Notwithstanding the termination of this 3206 Agreement by Contractor or City, Contractor’s obligation to indemnify, defend and hold City and City 3207 Indemnitees harmless as provided in this Agreement shall survive termination for five (5) years from the date 3208 of termination. Notwithstanding the termination of this Agreement by Contractor or City, such act shall not 3209 automatically invalidate or cancel any insurance policy, letter of credit, performance bond or similar 3210 instruments provided by Contractor under this Agreement and such policies, letters of credit, performance 3211 bonds and other instruments shall remain in full force and effect for one full year after termination. 3212 Article 30. Modifications to the Agreement 3213
30.01 City-Directed Change. City has the power to make changes in this Agreement to impose 3214 new rules and regulations on Contractor under this Agreement relative to the scope and methods of providing 3215 Collection Services as may from time-to-time be necessary and desirable for the public welfare. The size of 3216 Collection Containers specified herein for Bundled Service are designed to meet the requirements of the 3217 State’s recycling mandates including AB 341, AB 1826 and SB 1383, and to be appropriate for the 3218 capabilities and capacities of available Materials Recovery Facilities and Organics Waste Processing 3219 Facilities at the start of this Agreement. The capabilities and capacities of such facilities may change during 3220 the term of this Agreement; as such City reserves the right to redirect materials to alternate facilities and 3221 change the designated sizes of Carts and/or Bins in Bundled Services in accordance with any such changes. 3222 City will give the Contractor notice of any proposed change and an opportunity to be heard concerning those 3223 matters, and agrees to adjust Service Rates to reflect additional costs borne by Contractor. The scope and 3224 method of providing Collection Services as referenced herein will be liberally construed to include 3225 procedures, operations and obligations, financial or otherwise, of Contractor. When such modifications are 3226 made to this Agreement, City and Contractor will negotiate in good faith, a reasonable and appropriate 3227 compensation adjustment for any increase or decrease in the services or other obligations required of 3228 Contractor due to any modification in the Agreement under this Article. City and Contractor will not 3229 unreasonably withhold agreement to such compensation adjustment. Should agreement between City and 3230 Contractor on compensation adjustment not be reached within six months of the change request, or other 3231 period as agreed upon by both parties, City and Contractor agree to submit the compensation adjustment 3232 to binding arbitration as described in Section 30.02. 3233 FINAL AGREEMENT Page 92 of 192
30.01.1 Change in Law. City and Contractor understand and agree that the California 3234 Legislature has the authority to make comprehensive changes in Solid Waste Collection legislation, and 3235 that these and other changes in Applicable Law in the future which mandate certain actions or programs 3236 for counties, municipalities or Contractor may require changes or modifications in some of the terms, 3237 conditions or obligations under this Agreement. Contractor agrees that the terms and provisions of the City 3238 of Santa Clarita Municipal Code, as it now exists or as it may be amended in the future (in a manner not 3239 inconsistent with this Agreement), will apply to all of the provisions of this Agreement and the Service 3240 Recipients of Contractor located within the Service Area. In the event any future change in Federal law or 3241 regulations, State or local law of regulation, or the City Code materially alters the obligations of Contractor, 3242 then the affected Maximum Service Rates, as established in Exhibit 1 of this Agreement will be adjusted in 3243 accordance with Section 6.07. Nothing contained in this Agreement will require any party to perform any 3244 act or function contrary to law. City and Contractor agree to enter into good faith negotiations regarding 3245 modifications to this Agreement which may be required in order to implement changes in the interest of the 3246 public welfare or due to Change in Law. When such modifications are made to this Agreement, City and 3247 Contractor will negotiate in good faith, a reasonable and appropriate compensation adjustment for any 3248 increase or decrease in the services or other obligations required of Contractor due to any Change in Law 3249 or modification in the Agreement under this Article. City and Contractor will not unreasonably withhold 3250 agreement to such compensation adjustment. Should agreement between City and Contractor on 3251 compensation adjustment not be reached within six months of the change request, or other period as 3252 agreed upon by both parties, City and Contractor agree to submit the compensation adjustment to binding 3253 arbitration as described in Section 30.02. 3254
30.02 Arbitration. Arbitration shall be conducted by a single arbitrator. If, within twenty (20) days 3255 from the receipt of a request to arbitrate (or such longer period mutually agreed to by the parties), the parties 3256 are unable to agree on an arbitrator, then a single arbitrator shall be appointed pursuant to the Commercial 3257 Arbitration Rules of the American Arbitration Association, which shall govern any arbitration requested under 3258 this provision. Each party shall bear its own costs and expenses of any arbitration. Each party shall pay one-3259 half of the costs of the arbitrator. 3260
Article 31. Legal Representation 3261
31.01 Acknowledgement. It is acknowledged that each party was, or had the opportunity to be, 3262 represented by counsel in the preparation of and contributed equally to the terms and conditions of this 3263 Agreement and, accordingly, the rule that a contract will be interpreted strictly against the party preparing 3264 the same will not apply due to the joint contributions of both parties. 3265 Article 32. Conflict of Interest 3266
32.01 Financial Interest. Consultant is unaware of any City employee or official that has a 3267 financial interest in Consultant's business. During the term of this Agreement and/or as a result of being 3268 awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in 3269 Consultant's business by any City employee or official. 3270 FINAL AGREEMENT Page 93 of 192
Article 33. Contractor's Personnel 3271
33.01 Displaced Employees. Contractor shall offer employment to all qualified displaced 3272 employees of the City’s two franchisees from the prior Exclusive Solid Waste Franchise Agreement. 3273 Contractors must retain these displaced employees for a period of not less than 90 days, as provided for in 3274 Chapter 4.6, Sections 1070 through 1076 of the California Labor Code. Contractor shall make information 3275 about wage rates, benefits and job classifications of employees available to the City prior to any subsequent 3276 procurement for solid waste collection. 3277
33.02 Personnel Requirements. Contractor shall assign only qualified personnel to perform all 3278 services required under this Agreement, and shall be responsible for ensuring its employees comply with 3279 this Agreement and all Applicable Laws related to their employment and position. Contractor's employees, 3280 officers, agents, and subcontractors shall not identify themselves or in any way represent themselves as 3281 being employees or officials of City. City may request the transfer of any employee of Contractor who 3282 materially violates any provision of this Agreement, or who is wanton, negligent, or discourteous in the 3283 performance of their duties under this Agreement. 3284
33.03 Agreement Manager. Contractor shall designate a qualified employee to serve as its 3285 Agreement Manager and must provide the name of that person in writing to City within thirty (30) days prior 3286 to the Commencement Date of this Agreement and annually by January 1st of each subsequent Calendar 3287 Year of this Agreement and any other time the person in that position changes. The Agreement Manager 3288 must be available to the City through the use of telecommunications equipment at all times that Contractor 3289 is providing Collection Services in the Service Area. The Contract Manager must provide City with an 3290 emergency phone number where the Contract Manager can be reached outside of normal business hours. 3291
33.04 Service Supervisor. Contractor shall assign a qualified employee to serve as is Service 3292 Supervisor to be in charge of the Collection Service within the Service Area and must provide the name of 3293 that person in writing to the Agreement Administrator on or before the Commencement Date, and thereafter 3294 annually before January 1st of each subsequent Calendar Year of the Term, and any other time Contractor 3295 changes the employee serving in that position changes. The Service Supervisor must be physically located 3296 in the Service Area and available to the Agreement Administrator through the use of telecommunication 3297 equipment at all times that Contractor is providing Collection Services. In the event the Service Supervisor 3298 is unavailable due to illness or vacation, Contractor must designate an substitute acceptable to the City who 3299 shall be available and shall have the authority to act in the same capacity as the Service Supervisor. 3300
33.05 Key Operations Staff. Contractor shall provide a full-time Key Operations Staff consisting 3301 at a minimum of: one (1) Operations Manager; one (1) Route Supervisor; one (1) Lead Mechanical 3302 Supervisor; and one (1) Service Recipient Service Supervisor 100% dedicated to the City. Each Key 3303 Operations Staff will provide the following to City Staff: email address, phone number, cell phone number 3304 and office address. 3305
33.06 Sustainability/Compliance Staff. In accordance with Section 20.01, Contractor shall provide 3306 full time Sustainability/Compliance Staff, whose primary duties are dedicated to the City. 3307 FINAL AGREEMENT Page 94 of 192
33.07 Field Personnel. Contractor’s field operations personnel are required to wear a clean 3308 uniform shirt bearing Contractor’s name. Contractor’s employees, who normally come into direct contact with 3309 the public, including drivers, must bear some means of individual photographic identification such as a name 3310 tag or identification card. Each driver of a Collection vehicle must at all times carry a valid California driver's 3311 license and all other required licenses for the type of vehicle that is being operated. 3312
33.08 Labor Certifications. Contractor certifies: (i) it is aware of the provisions of Section 3700 of 3313 the California Labor Code that require every employer to be insured against liability for Workers' 3314 Compensation or to undertake self-insurance in accordance with the provisions of that Code; (ii) in the 3315 performance of the Services, Contractor shall not, in any manner, employ any person or contract with any 3316 person so that any part of this Agreement is so performed by such person would be subject to the workers' 3317 compensation laws of the State of California unless and until Contractor gives City a certificate of consent 3318 to self-insure or a certificate of Workers' Compensation Insurance Coverage; and (iii) in the event Contractor 3319 hires any subcontractor who has employees to perform the any part thereof, then Contractor shall either 3320 require the subcontractor to obtain Workers' Compensation Insurance Coverage, or must obtain Workers' 3321 Compensation Insurance Coverage for the subcontractor's employees. Before commencing performance 3322 under this Agreement, Contractor shall provide to the City evidence of any Workers' Compensation 3323 Insurance Coverage required by or for this Agreement, and all such coverage shall be endorsed with a 3324 waiver of subrogation in favor of City for all work performed by Contractor, its employees, its agents, and its 3325 subcontractors. 3326
33.09 Employment & Labor Practices. Contractor shall indemnify and hold harmless City and its 3327 elected officials, officers, employees, servants, designated volunteers, and agents serving as independent 3328 contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of 3329 any nature to the extent arising from Contractor's personnel and labor practices. All duties of Contractor 3330 under this paragraph shall survive termination of this Agreement. 3331
33.10 Subcontractors. Contractor shall not subcontract any portion of this Agreement without the 3332 prior written approval of the City Manager. Contractor is fully responsible to City for the performance of any 3333 and all subcontractors, if any, and shall require any subcontractors to maintain all applicable federal, state, 3334 and local licenses required for the work they are assigned to perform. Contractor shall require any 3335 subcontractors performing work in the City to enter into a written contract that requires such subcontractors 3336 to agree they are independent contractors and have no other agency relationship with City. 3337 Article 34. Exempt Waste 3338
34.01 Contractor is not required to Collect or dispose of Exempt Waste but may offer such 3339 services. All such Collection and disposal of Exempt Waste is not regulated under this Agreement, but if 3340 provided by Contractor must be in strict compliance with all Applicable Laws. 3341 Article 35. Independent Contractor 3342
35.01 In the performance of services pursuant to this Agreement, Contractor is an independent 3343 contractor and not an officer, agent, servant or employee of City. Contractor will have exclusive control of 3344 FINAL AGREEMENT Page 95 of 192
the details of the services and work performed and over all persons performing such services and work. 3345 Contractor is solely responsible for the acts and omissions of its officers, agents, employees, contractors 3346 and subcontractors, if any. Neither Contractor nor its officers, employees, agents, contractors or 3347 subcontractors will obtain any right to retirement benefits, Workers Compensation benefits, or any other 3348 benefits which accrued to City employees and Contractor expressly waives any claim to such benefits. 3349
35.02 Subcontractors. Contractor will require all subcontractors performing work in the City to 3350 enter into a contract containing the provisions set forth in the preceding subsection in which contract the 3351 subcontractor agrees that Contractor and subcontractor are independent contractors and have no other 3352 agency relationship with City. 3353
Article 36. Laws to Govern 3354
36.01 The law of the State of California governs the rights, obligations, duties and liabilities of 3355 City and Contractor under this Agreement and govern the interpretation of this Agreement. 3356 Article 37. Consent to Jurisdiction 3357
37.01 The parties agree that any litigation between City and Contractor concerning or arising out 3358 of this Contract must be filed and maintained exclusively in the Superior Courts of Los Angeles County, State 3359 of California, or in the United States District Court for the Central District of California to the fullest extent 3360 permissible by law. Each party consents to service of process in any manner authorized by California law. 3361 Article 38. Assignment 3362
38.01 No assignment of this Agreement or any right occurring under this Agreement may be 3363 made in whole or in part by Contractor without the express prior written consent of the City. City will have 3364 full discretion to approve or deny, with or without cause, any proposed or actual assignment by the 3365 Contractor. Any assignment of this Agreement made by Contractor without the express written consent of 3366 the City will be null and void and will be grounds for City to declare a default of this Agreement and 3367 immediately terminate this Agreement by giving written notice to Contractor, and upon the date of such 3368 notice Contract will be deemed immediately terminated, and upon such termination all liability of City under 3369 this Contract to Contractor will cease, and City will have the right to call the performance bond and will be 3370 free to negotiate with other contractors, for the services that are the subject of this Agreement. In the event 3371 of any assignment approved by City, the assignee must fully assume all the liabilities of Contractor by way 3372 of an assignment and assumption agreement. Notwithstanding the above, an assignment to an affiliate of 3373 Contractor may be undertaken upon notice to City, but without the requirement for its approval. For purposes 3374 of this provision, “affiliate” means any person or legal entity that, directly or indirectly, controls, is controlled 3375 by, or is under common control with Contractor. 3376
38.02 The use of a subcontractor to perform services under this Contract will not constitute 3377 delegation of Contractor’s duties provided that Contractor has received prior written authorization from the 3378 Agreement Administrator to subcontract such services and the Agreement Administrator has approved a 3379 subcontractor who will perform such services. Contractor will be responsible for directing the work of 3380 FINAL AGREEMENT Page 96 of 192
Contractor’s subcontractors and any compensation due or payable to Contractor’s subcontractor will be the 3381 sole responsibility of Contractor. The Agreement Administrator will have the right to require the removal of 3382 any approved subcontractor for reasonable cause. 3383
Article 39. Compliance with Laws 3384
39.01 In the performance of this Contractor, Contractor must comply with all Applicable Laws, 3385 including, without limitation, the Santa Clarita Municipal Code. 3386
39.02 City shall provide written notice to Contractor of any planned amendment of the Santa 3387 Clarita Municipal Code that would substantially affect the performance of Contractor’s services pursuant to 3388 this Agreement. Such notice must be provided at least thirty (30) calendar days prior to the City Council’s 3389 approval of such an amendment. 3390
Article 40. Permits and Licenses 3391
40.01 Contractor shall obtain, at its own expense, all permits, and licenses required by law or 3392 ordinance and maintain same in full force and effect throughout the term of this Agreement. Contractor must 3393 provide proof of such permits, licenses or approvals and must demonstrate compliance with the terms and 3394 conditions of such permits, licenses and approvals upon the request of the Agreement Administrator. 3395
40.02 The Contractor must have a valid City of Santa Clarita Business Tax Certificate throughout 3396 the term of the Franchise Agreement. 3397
Article 41. Ownership of Written Materials 3398
41.01 Contractor hereby grants City a non-exclusive license as to all reports, documents, 3399 brochures, public education materials, and other similar written, printed, electronic or photographic materials 3400 developed by Contractor at the request of City or as required under this Agreement, and intended for public 3401 use, without limitation or restrictions on the use of such materials by City. Contractor may not use such 3402 materials that specifically reference City for other purposes without the prior written consent of the 3403 Agreement Administrator. This Article 41 does not apply to ideas or concepts described in such materials 3404 and does not apply to the format of such materials. 3405 Article 42. Waiver 3406
42.01 Waiver by City or Contractor of any breach for violation of any term covenant or condition 3407 of this Agreement will not be deemed to be a waiver of any other term, covenant or condition or any 3408 subsequent breach or violation of the same or of any other term, covenant or condition. The subsequent 3409 acceptance by City of any fee, tax, or any other monies which may become due from Contractor to City will 3410 not be deemed to be a waiver by City of any breach for violation of any term, covenant or condition of this 3411 Agreement. 3412
FINAL AGREEMENT Page 97 of 192
Article 43. Prohibition Against Gifts 3413
43.01 Contractor represents that Contractor is familiar with City’s prohibition against the 3414 acceptance of any gift by a City officer or designated employee. Contractor may not offer any City officer or 3415 designated employee any gifts prohibited by the City. 3416 Article 44. Point of Contact 3417
44.01 The day-to-day dealings between Contractor and City will be between Contractor and the 3418 Agreement Administrator. 3419
Article 45. Notices 3420
45.01 Except as provided in this Agreement, whenever either party desires to give notice to the 3421 other, it must be given by written notice addressed to the party for whom it is intended, at the place last 3422 specified and to the place for giving of notice in compliance with the provisions of this Section. For the 3423 present, the parties designate the following as the respective persons and places for giving of notice: 3424 As to the City: 3425
Environmental Services Manager, Darin Seegmiller 3426
City of Santa Clarita Neighborhood Services Department 3427 23920 Valencia Blvd. Suite 120 3428
Santa Clarita, CA 91355 3429
Telephone: 661-286-4098 3430
email: [email protected] 3431
As to the Contractor: 3432
Burrtec Waste Industries, Cole Burr 3433
9890 Cherry Avenue 3434
Fontana CA 92335 3435
Telephone: 909-429-4200 3436
email: [email protected] 3437
45.02 Notices will be effective when received at the address as specified above. Changes in the 3438 respective address to which such notice is to be directed may be made by written notice. 3439
45.03 Notice by City to Contractor of a Collection or other Service Recipient problem or complaint 3440 may be given to Contractor orally by telephone at Contractor’s local office with confirmation sent to 3441 Contractor through the Customer Service System by the end of the Work Day. 3442 FINAL AGREEMENT Page 98 of 192
Article 46. Transition to Next Contractor 3443
46.01 In the event Contractor is not awarded an extension or new contract to continue to provide 3444 Collection Services following the expiration or early termination of this Agreement, Contractor will cooperate 3445 fully with City and any subsequent contractors to assure a smooth transition of services described in this 3446 Agreement. Such cooperation will include but not be limited to transfer of computer data, files and tapes; 3447 providing routing information, route maps, vehicle fleet information, and list of Service Recipients; providing 3448 a complete inventory of all Collection Containers; providing adequate labor and equipment to complete 3449 performance of all Collection Services required under this Agreement; taking reasonable actions necessary 3450 to transfer ownershipcoordinate the transfer and/or disposal of carts and bins, as appropriate, to City; 3451 including transporting such containers to a location designated by the Agreement Administrator;appropriate; 3452 coordinating Collection of Materials set out in new containers if new containers are provided for a subsequent 3453 Agreements and providing other reports and data required by this Agreement. 3454 Article 47. Contractor’s Records 3455
47.01 Contractor shall keep and preserve, during the Term of this Agreement, full, complete, and 3456 accurate financial and accounting records, pertaining to cash, billing and disposal transactions for the 3457 franchise area, prepared on an accrual basis in accordance with generally accepted accounting principles. 3458 These records and reports are necessary for the City to properly administer and monitor the Agreement and 3459 to assist the City in meeting the requirements of the Act. The Contractor shall keep and preserve, during the 3460 Term of this Agreement, and for a period of not less than four (4) years following expiration or other 3461 termination hereof or for any longer period required by law, full, complete and accurate records as indicated 3462 in the Agreement. 3463
47.02 Any records or documents required to be maintained pursuant to this Agreement must be 3464 made available for inspection or audit for the purposes set forth in Section 17.02.3, at any time during regular 3465 business hours, upon written request by the Agreement Administrator, the City Attorney, City Auditor, City 3466 Manager, or a designated representative of any of these officers. Copies of such documents will be provided 3467 to City electronically, available to City for inspection at the local Contractor office, or an alternate site if 3468 mutually agreed upon. 3469
47.02.1 Contractor acknowledges that City is legally obligated to comply with the California 3470 Public Records Act (“CPRA”). City acknowledges that Contractor may consider certain records, reports, or 3471 information contained therein, (“Records”) which Contractor is required to provide to City under this 3472 Agreement, to be of a proprietary or confidential nature. In such instances, Contractor will inform City in 3473 writing of which records are considered propriety or confidential and shall identify the statutory exceptions 3474 to disclosure provided under the CPRA that legally permit non-disclosure of the Records. At such time as 3475 City receives a request for records under the CPRA or Federal Freedom of Information Act (“FOIA”) or a 3476 subpoena or other court order requesting disclosure of the Records, City will notify Contractor of the 3477 request, subpoena or order and of City’s obligation and intent to provide a response within ten (10) calendar 3478 days. Contractor shall within five (5) calendar days either: (i) consent in writing to the disclosure of the 3479 Records; or (ii) seek and obtain, at Contractor’s sole cost and expense, the order of a court of competent 3480 jurisdiction staying or enjoining the disclosure of the Records. If Contractor fails to timely respond, then City 3481 FINAL AGREEMENT Page 99 of 192
may proceed to disclosure the Records in which event Contractor agrees waives and releases City of any 3482 liability for the disclosure of the Records. In the event Contractor seeks a court order to stay or enjoing the 3483 disclosure of the Records, Contractor agrees to indemnify and hold harmless the City, its Council, elected 3484 and appointed board or commission members, officers, employees, volunteers and agents (collectively, 3485 "Indemnitees") from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, 3486 proceeding or suit in law or equity of any and every kind and description, whether judicial, quasi-judicial or 3487 administrative in nature, arising or resulting from or in any way connected with the subject CPRA or FOIA 3488 request for the Records. This Indemnity shall survive the expiration or termination of this Agreement. 3489
47.03 Where City has reason to believe that such records or documents may be lost or discarded 3490 in the event of the dissolution, disbandment or termination of Contractor’s business, City may, by written 3491 request or demand of any of the above-named officers, require that custody of the records be given to City 3492 and that the records and documents be maintained in City Hall. Access to such records and documents will 3493 be granted to any party authorized by Contractor, Contractor’s representatives, or Contractor’s successor-3494 in-interest. 3495
Article 48. Entire Agreement 3496
48.01 This Agreement and the attached Exhibits constitute the entire Agreement and 3497 understanding between the parties, and the Agreement will not be considered modified, altered, changed or 3498 amended in any respect unless in writing and signed by the parties. 3499 Article 49. Severability 3500
49.01 If any provision of this Agreement or the application of it to any person or situation is to any 3501 extent held invalid or unenforceable, the remainder of this Agreement and the application of such provisions 3502 to persons or situations other than those as to which it is held invalid or unenforceable, will not be affected, 3503 will continue in full force and effect, and will be enforced to the fullest extent permitted by law. 3504 Article 50. Right to Require Performance 3505
50.01 The failure of City at any time to require performance by Contractor of any provision of this 3506 Agreement will in no way affect the right of City thereafter to enforce same. Nor will waiver by City of any 3507 breach of any provision of this Agreement be taken or held to be a waiver of any succeeding breach of such 3508 provision or as a waiver of any provision itself. 3509
Article 51. All Prior Agreements Superseded 3510
51.01 This Agreement incorporates and includes all prior negotiations, correspondence, 3511 conversations, agreements and understandings applicable to the matters contained in this Agreement and 3512 the parties agree that there are no commitments, agreements or understandings concerning the subject 3513 matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation 3514 from the terms of this Agreement will be predicated upon any prior representations or agreements, whether 3515 oral or written. 3516
FINAL AGREEMENT Page 100 of 192
Article 52. Headings 3517
52.01 Headings in this document are for convenience of reference only and are not to be 3518 considered in any interpretation of this Agreement. 3519 Article 53. Exhibits 3520
53.01 Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Each 3521 such Exhibit is a part of this Agreement, and each is incorporated by this reference. In the event of any 3522 conflicts between this Agreement and the Exhibits, then this Agreement shall take priority. 3523 Article 54. Attorney’s Fees 3524
54.01 In the event that litigation is brought by a party in connection with this Agreement, the 3525 prevailing party will be entitled to recover from the opposing party all costs and expenses, including 3526 reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies 3527 under this Agreement or the enforcement of any of the terms, conditions, or provisions of this Agreement. 3528 Article 55. Effective Date 3529
55.01 This Agreement will become effective when it is properly executed by City and Contractor 3530 and Contractor will begin Collection Services under this Agreement as of July 1, 2023. 3531 3532
FINAL AGREEMENT Page 101 of 192
IN WITNESS WHEREOF, City and Contractor have executed this Agreement on the respective 3533 date(s) below each signature. 3534
CITY OF SANTA CLARITA BURRTEC WASTE INDUSTRIES INC. 3535 A General Law City 3536
By: ________________________ By: ________________________ 3537 Cole Burr 3538
3539
Title: _______________________ By: _____________________________ 3540 President 3541
3542
ATTEST: ____________________ By: __________________________ 3543 City Clerk Tracy Burr 3544
APPROVED AS TO FORM 3545
City Attorney _____________________________ 3546
Secretary 3547
By: _________________________ 3548
3549
FINAL AGREEMENT Page 102 of 192
Exhibit 1 3550 City Approved Service Rates 3551 3552 3553 3554
FINAL AGREEMENT Page 103 of 192
3555
FINAL AGREEMENT Page 104 of 192 3556 3557 3558 3559
FINAL AGREEMENT Page 105 of 192 3560
FINAL AGREEMENT Page 106 of 192 3561 3562 3563
FINAL AGREEMENT Page 107 of 192
3564
FINAL AGREEMENT Page 108 of 192 3565 3566
FINAL AGREEMENT Page 109 of 192
3567
3568
3569
3570
3571
3572
3573
3574
FINAL AGREEMENT Page 110 of 192
Exhibit 2 3575
City Sponsored Events 3576
Contractor shall provide service at no additional charge to the following City events. The City shall have the 3577 option to add additional or alternative events by written notice to the Contractor. 3578 3579
Earth Arbor Day/Neighborhood Clean Up 3580
Cowboy Poetry Festival 3581
Concerts in the Park 3582
Senses Block Party x6 3583
River Rally 3584
Marathon 3585
3586
3587
3588
3589
FINAL AGREEMENT Page 111 of 192
Exhibit 3 3590
List of City Properties and Current Service Levels – as of 2023 3591 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 112 of 192
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 113 of 192
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
3592
3593
FINAL AGREEMENT Page 114 of 192
Exhibit 4 3594
Collection Container Specifications 3595
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 115 of 192
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, including to new Service Units that are added to Contractor’s Service Area during the term of this Agreement. The initial distribution of Kitchen Food Waste Pails must be completed no later than July 1, 2023 along with educational outreach materials as approved by City, and will be provided at no additional charge (one (1) pail per Dwelling 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.
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FINAL AGREEMENT Page 116 of 192
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.
3596
FINAL AGREEMENT Page 117 of 192
Exhibit 5 3597
Transition Plan 3598
Burrtec has extensive experience in new program roll-outs ensuring success for the City of Santa 3599 Clarita franchise implementation. Transition experience includes various conversions and 3600 implementations of residential and commercial program including regulatory compliance, information 3601 materials development, container delivery and removal, mailings, advertisements, routing, billings, 3602 audits, and ongoing education. 3603
3604
After Contract Execution and prior to the Contact Start Date, Burrtec will provide the City of Santa 3605 Clarita an update to the Start-Up Transition Roll-Out Plan for approval. The plan will include an updated 3606 detailed timeline with activities and estimated dates including but not limited to: 3607 3608
Vehicles 3609
Order specifications 3610
Confirmation of delivery dates 3611
Containers 3612
Order specifications 3613
Confirmation of delivery dates 3614
Staging and assembly location 3615
Customer container size selection 3616
Distribution plan 3617
Including collection of existing containers 3618
Employees 3619
Hiring progress 3620
Training 3621
Public Outreach and Education 3622
3623
A Burrtec transition provides customers with an experience that is reliable, orderly, seamless, and 3624 without service interruptions conducted thoroughly and professionally by Burrtec staff. The transition 3625 services may include the following as appropriate: 3626 3627
Collect solid waste from outgoing contractor's containers 3628 Allow the outgoing contractor to collect from Burrtec containers 3629 Allow the future contractor to collect from Burrtec containers during the transition 3630 Service, remove and store outgoing contractor's containers after the transition 3631 Continue customer's services, container quantity and sizes, and applicable discounts from 3632 outgoing contractor's customer service list, including not providing containers to addresses not 3633 utilizing outgoing contractor's services 3634
3635
1. Prior to the Start of Collection Services 3636
3637
Beginning with the contract award, Burrtec will begin the implementation phase. Activities will 3638 include strategic planning of staff organization, equipment and containers, developing routes and 3639 schedules, and implementing education and program information plans. The primary focus is to 3640 prepare customers for their new collection services and programs. 3641 3642
An excellent example of Burrtec’s commitment to a smooth transition and the epitome of “We’ll 3643 Take Care Of It” is evident in Los Angeles County franchise area transitions. In these transitions, 3644 some new residents had difficulty starting curbside services for the period preceding the new 3645 franchise program effective date. In the spirit of Burrtec's dedication to customer service, curbside 3646 collection services were started prior to the franchise effective date at no charge to the customer. 3647 3648
FINAL AGREEMENT Page 118 of 192
a. Transition Team Approach 3649
3650
Burrtec proposes approaching the City of Santa Clarita contract with the same methodology 3651 used in other successful transitions. Specifically, Burrtec uses its senior management team 3652 and operations team to oversee all technical and managerial issues. The Company's President 3653 and Chief Executive Officer, Cole Burr, leads the team. 3654 3655
The balance of the senior management team includes Tracy Sweeney, Chief Operating 3656 Officer/Vice President; Robert R. Coon, Chief Financial Officer; Trevor Scrogins, Vice 3657 President of Operations; Tracy Portillo, Vice President, Human Resources and Payroll, Dan 3658 Vogt, Vice President Information Technology, William Wilson, Regional Manager; Michael 3659 Heftman, Municipal Services Manager, Debbie Hansen, Municipal Project Manager, and 3660 Dennis Verner, Division Manager Santa Clarita. These individuals were responsible for 3661 preparing this proposal and are very knowledgeable on the numerous facets of solid waste 3662 collection program implementations. 3663
3664
Our approach is divided into the following scheduled phases. 3665 3666
b. Proposal/Negotiation Phase 3667
3668
The Burrtec senior management team will work together throughout the proposal and contract 3669 negotiation phase. Depending on the issues, one or more team members will be involved. Mr. 3670 Burr, Ms. Sweeney, and Mr. Verner will lead the negotiations and have full authority to commit 3671 the company to contractual obligations. 3672
3673
c. Start-Up/Transition Phase 3674
3675
Once the contract is authorized, Burrtec will immediately go into a start-up/transition phase. 3676 The same senior management team members will work on implementing their respective 3677 areas. All needed equipment will be ordered with delivery commitments consistent with the 3678 start-up schedule. 3679
3680
The senior management team has developed numerous detailed plans and procedures for past 3681 transitions with no service or operational issues for the jurisdiction, its businesses, or residents. 3682 Burrtec's previous City of San Bernardino and Los Angeles County franchise implementations 3683 were very successful and well-received by the affected communities. 3684 3685
d. Contract Phase 3686
3687
Once the transition phase is completed, the organization quickly settles into a more traditional 3688 contract management phase. Mr. Verner, the facility's division manager will be the key day-to-3689 day contact and responsible for daily operating decisions. The senior management team will 3690 remain advisory to the division manager, ensuring the full implementation of all contract 3691 compliance, company directives, and procedures are maintained. 3692 3693
Burrtec successfully manages ten hauling locations and has effective and proven management 3694 systems in place. Daily, weekly and monthly communications, reports, and meetings 3695 coordinate this effort, assuring the customer that “We’ll Take Care Of It." 3696 3697
2. Customer Communications & Selection of Equipment 3698 3699
General information about Burrtec and the transition plan will be one of the first elements of 3700 customer communications. The container size and quantity selection, new container colors, 3701 delivery schedule, and collection day schedule will follow. Customers will receive several notices 3702 and updates throughout the transition period keeping them informed and prepared. 3703 3704
FINAL AGREEMENT Page 119 of 192
Communication methods include local newspapers, mailers, and flyers/posters at community 3705 centers. Burrtec's website and social media platforms will contain informational updates and 3706 postings. Containers are provided based on the current level of service and include supplemental 3707 deliveries for missing program elements, ensuring customers receive a full complement of services. 3708 Customers will have the opportunity to contact the customer service department and adjust 3709 container sizes prior to delivery. As part of the container delivery, Burrtec will provide an outreach 3710 package, which includes detailed information on the services offered for recyclables and organics 3711 waste, bulky item collections, and proper disposal alternatives of unpermitted waste. 3712 3713
Distributing Food Waste Pails to Customers 3714
3715
Burrtec will deliver food waste pails before the service start date to single-family and multi-family 3716 service recipients for no additional fee. Detailed educational materials on food waste recycling will 3717 be included at the time of delivery. 3718
3719
3. Employee Retention 3720
3721
Prior to the service start date, Burrtec will secure a venue within the franchise area such as the 3722 Hyatt Valencia, Embassy Suites, or other comparable locations, and invite prospective employees 3723 and their families to learn about Burrtec’s culture, competitive pay, and benefits, and learn why 3724 nearly half of the current drivers at Burrtec average more than 20 years of service with the company. 3725 Employees migrating from the previous contractor to Burrtec will retain their current pay rate, 3726 seniority, and pre-approved vacations. Prospective employees will be required to provide a DMV 3727 driving record, and undergo a physical evaluation once an offer of employment is accepted. Newly 3728 hired employees will be welcomed at orientation, participate in OSHA and DOT compliant safety 3729 training, and become familiar with the Burrtec philosophy, “We’ll Take Care Of It!” before service 3730 commences. 3731
3732
All Burrtec staff members who provide services to the City of Santa Clarita will receive detailed 3733 information and training to prepare them for the new contract. Training will enable Burrtec to provide 3734 a high level of service throughout the contract term 3735 3736
A. Training Route Drivers 3737
3738
All new drivers undergo training on solid waste and recycling programs, new container colors, 3739 and the proper and safe use of the specific collection vehicles. Training includes onboard 3740 systems, ride-along, and in-field evaluations, including driving and operating the equipment. 3741 The Division Manager and Route Supervisor routinely conduct driver training briefings to 3742 maintain safe and efficient operating standards. The local manager conducts a final 3743 competency evaluation and verification to validate that the driver can safely operate the specific 3744 collection vehicle. "On the Route" field observations assure that drivers are maintaining safe 3745 work habits and excellent customer service standards. 3746 3747
B. Training: CSRs 3748
3749
It is imperative that CSRs understand the City of Santa Clarita’s programs and report to the 3750 local, Santa Clarita Hauling Division, for their shifts. New CSRs will be trained on Burrtec’s 3751 custom software and the “We’ll Take Care Of It” customer philosophy. 3752 3753
C. Training: Mechanics 3754
3755
New mechanics will be trained in Burrtec’s “Stop the Drop” program, Department of 3756 Transportation Out of Service Criteria, and will be eligible to participate in collegiate level and 3757 vendor sponsored training events. OSHA compliant safety trainings and company policies will 3758 also be covered throughout the employee’s tenure. 3759
3760
FINAL AGREEMENT Page 120 of 192
4. Transition Services 3761
3762
a) Regular Meetings 3763
3764
Regular meetings among Burrtec and City staff are essential to a successful transition program 3765 throughout the agreement term. Coordination of activities, reporting, and customer service are 3766 routinely discussed, developing action plans that produce positive and effective results. 3767 Collaborative meetings are essential during the initial transition stages while customers 3768 become familiar with Burrtec and come to understand the “We’ll Take Care Of It” philosophy. 3769 3770
b) Activated Phone Lines 3771
3772
Customers utilize an existing phone number to call and ask questions about the new solid 3773 waste and recycling programs. 3774
3775
With minimal auto-attendant features, experienced Burrtec customer service staff located at 3776 our Santa Clarita office are prepared to answer all questions “live”, and in a helpful, courteous 3777 manner with bilingual (Spanish and other languages as requested) skills available. 3778 3779
Customer service will staff phone lines between 8:00 a.m. and 5:00 p.m. Monday through 3780 Friday and on Saturdays between 8:00 a.m. and 12:00 p.m. following observed holidays during 3781 the transition period and over the contract term. An automated telephone answering system 3782 will take messages from callers outside these hours. Customer Service Representatives will 3783 follow up on each message the following business day. 3784 3785
c) Determining Routes 3786
3787
Burrtec will utilize the existing collection schedule as a basis to begin service. Future service 3788 level adjustments and additional services may require Burrtec to generate newly optimized 3789 routes to reduce wear and tear on the streets. The operations team has worked in the Santa 3790 Clarita Valley for a number of years is very experienced in developing efficient and safe routes. 3791 Customers will receive information indicating weekly collection schedules, new cart colors, and 3792 have the opportunity to speak with our local Customer Service Representatives should they 3793 have any questions about their scheduled pick-up day. 3794 3795
d) Vehicle and Container Delivery from Manufacturer 3796 3797
Burrtec's vendors are prepared to address any additional needs for the awarded service area. 3798 This includes the production and delivery of vehicles and containers as needed. Detailed 3799 logistics and timelines will be submitted to the City as required. Burrtec will secure a location 3800 or utilize the existing hauling yard for staging. 3801
3802
5. Public Outreach and Education Activities 3803
3804
A key to overall customer satisfaction and participation in waste diversion activities is providing 3805 detailed educational programs and information. In partnership with The Musella Group, Burrtec 3806 gears its outreach based on the needs of the various customer groups ensuring we provide 3807 relevant, engaging, and consistent information on all City and CalRecycle requirements. 3808 3809
As a part of the transition, Burrtec will identify these groups and design the educational material 3810 accordingly. These customer groups will include single-family, multi-family residents, Tier 1 & Tier 3811 2 commercial edible food generators, and commercial services. 3812 3813
Burrtec's in-house capability to produce educational and promotional material in a bilingual 3814 (Spanish or other required languages) format is a critical asset for any transition period. 3815 3816
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Burrtec Web Site 3817
3818
Burrtec's website at www.bBurrtec.com/SCV will be updated with the City's specific collection 3819 program and services, including but not limited to: 3820 3821
Transition plan 3822
Collection schedules 3823
Notices 3824
Program descriptions 3825
Service brochure 3826
3827
The City specific website is an additional tool for customers to obtain accurate and current 3828 information on recycling programs, household hazardous waste disposal, special collections, and 3829 SB 1383 program requirements. The website can also include links to the City of Santa Clarita 3830 website for additional program information requested by the City. 3831 3832
6. Transition Coordination 3833
3834
a) Coordinated Customer Service Data 3835
3836
Burrtec will coordinate the transfer of customer data with the incumbent service provider. All 3837 pertinent customer information will be downloaded into new customer records. Information 3838 includes customer account number, service details, contact information, gate and access 3839 codes, roll-out services, or specific container staging and access information. 3840 3841
Using internal audit and mapping teams, Burrtec will identify all customers not currently 3842 receiving solid waste collection service, secure the customer's data, and provide them with 3843 program information. 3844
3845
b) Old Containers 3846
3847
Burrtec is committed to working with the current service providers, customers, and City staff to 3848 make this transition as smooth as possible. As part of a typical transition plan, Burrtec will 3849 schedule the removal and collection of any old containers from customers and coordinate a 3850 seamless exchange for those customers that may be using containers from their current hauler. 3851 3852
7. Transition Schedule 3853
3854
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
FINAL AGREEMENT Page 122 of 192
Phase / Activity Start Date End Date
(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
(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 3855
8. Commencement Date of Collection 3856
3857
Burrtec commits to meeting the City's service implementation date of July 1, 2023. All required 3858 notifications and customer communications will be completed before the collection commencement 3859 date. 3860
3861
9. Commercial Generator Transition Plan Supplement 3862 Burrtec's supplemental commercial generator transition plan is designed to highlight commercial 3863 generator changes and provide an opportunity for Commercial Service Recipients to adjust service 3864 FINAL AGREEMENT Page 123 of 192
levels prior to the contract start. Months in advance of the service start date Burrtec Sales & 3865 Recycling Coordinators will meet with commercial generators focusing on the following: 3866 3867
Compliance with the new state diversion mandates 3868 Container size, frequency, colors, and labeling 3869
Commercial generator responsibilities 3870
Tier 1 & Tier 2 generator responsibilities 3871
Prohibited container contaminants 3872
Recommendations to “right size” service levels 3873
3874
Below is the supplemental transition schedule highlighting major milestones of the process. 3875 3876
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
3877
3878
Compliance Review: Burrtec will conduct a compliance review of existing Commercial Service 3879 Recipients using current MCR and MORe data. Customers are categorized into three groups: 3880 Most Impacted 3881
Minimally Impacted 3882
Exempt 3883
Most Impacted customers include High Volume Generators and Low Volume Generators not 3884 required to participate in MCR/MORe programs. Minimally Impacted customers include compliant 3885 FINAL AGREEMENT Page 124 of 192
MCR/MORe customers with minimum levels of service. Exempt customers include all customers 3886 having received an MCR/MORe exemption. 3887
3888
Determine Waivers: Burrtec will review current MCR/MORe exempt customers and evaluate Low 3889 Volume Commercial Service Recipients to determine waiver eligibility. Burrtec will work with the 3890 City to develop an SB 1383 waiver process and categorize customers accordingly. The City will be 3891 required to approve all waivers prior to issue. 3892
3893
Conduct Waste Assessment/Route Review: Burrtec will collaborate with City Staff to develop a 3894 “best approach” customer awareness and education campaign for programs starting July 2023. 3895 Most Impacted customers may receive a site visit from Burrtec Sales and Recycling Coordinators 3896 (SRCs). SRCs will visit the customers’ location, conduct a waste assessment, determine if 3897 prohibited contaminants are present in containers, and provide a mockup service program best 3898 suited for the customer’s respective disposal needs. Updated bin/cart color information and the 3899 new corresponding service rates will be included in the site visit. The goal will be to give Most 3900 Impacted Commercial Service Recipients at least six months to either modify their current 3901 operations or budget for the new program impacts. Compliance Review and site visit data will be 3902 used to adjust model assumptions and optimize existing and potentially new routes. 3903 3904
Minimally Impacted Customers: Burrtec will focus on the Minimally Impacted Customer group 3905 through site visits and/or educational materials with a goal of giving these Customers at least 90 3906 days to prepare and educate their employees before implementation. 3907 3908
Commercial Equipment: Burrtec’s container maintenance facility is centrally located in the City of 3909 Santa Clarita at Burrtec’s Santa Clarita Hauling Division. Burrtec will complete bin repairs, bin 3910 washing, SB 1383 paint and labeling requirements, and maintain an adequate container inventory 3911 at this facility. Commercial serviced customers, including multi-family, mixed-use, and City facilities, 3912 will have an opportunity to change or modify their collections subscriptions. Necessary container 3913 changes will be completed at any time and as requested by the customer. Program and service 3914 option information will assist customers in selecting containers and providing awareness for those 3915 programs that are best suited for their needs. Burrtec's SRCs will facilitate the solid waste needs 3916 assessment to maximize diversion and reduce solid waste disposal costs. 3917 Commercial Education & Outreach 3918
Burrtec will communicate with existing commercial customers in person, through mailers, using 3919 social media platforms, print media advertisements, and public meetings. Print media and materials 3920 are ideally generated and distributed using recycled paper content manufactured at local 3921 businesses. 3922
3923
Additional advertising in local newspapers and on social media platforms encourages public 3924 meeting participation educating customers on essential topics such as sustainability and organics 3925 FINAL AGREEMENT Page 125 of 192
recycling requirements. Santa Clarita commercial customers may already be familiar with Burrtec's 3926 existing social media presence in the Santa Clarita Valley. 3927 3928 Facebook: https://www.facebook.com/burrtecscv 3929 Instagram: https://www.instagram.com/burrtecscv 3930 In addition, Burrtec utilizes KHTS to disseminate pertinent information. Burrtec will also utilize the 3931 following local resources for commercial outreach activities: 3932 3933 The SCV Signal and SCVTV 3934 The Santa Clarita Valley Business Journal 3935 Santa Clarita Valley Chamber of Commerce (SCV Chamber) 3936 The Valley Industrial Association (VIA) 3937 Rotary Club of Santa Clarita (SCV Rotary), Business Groups 3938 SCV Economic Development Center Outlets such as podcasts and print 3939 3940 Full-color, multilingual service brochures will be distributed to existing commercial customers to 3941 familiarize them with service protocols, diversion requirements, and service options. Burrtec 3942 representatives will conduct meetings and speak with local businesses as part of the transition 3943 team's public outreach effort. 3944 3945 3946 3947
FINAL AGREEMENT Page 126 of 192
Exhibit 6 3948
Administrative Charges and Penalties 3949
Item Amount if Not Cured
in 30 Days
If Cured in 30
Days
a. Failure to respond to each complaint within three (3) Work Days of receipt of complaint. $100 per incident per Service Recipient. b. Failure to maintain call center hours as required by this Agreement. $100 per day. -0-
c. Failure to submit to City all reports by the deadlines required under the provisions of this Agreement. $100 per day. -0- d. Failure to include all parts of quarterly and annual reports specified in Sections 22.02 and 22.03 in the submitted
report
$100 per day. -0-
e. Failure to submit to City all payments by the deadlines required under the provisions of this Agreement.
1% of the total amount due if fees are 1
– 10 days late; and 10% of the total
amount due if fees are more than 10
days late.
f. Failure for Collection Container to be compliant with specifications of Exhibit 4.
$50.00/each Collection
Container not
compliant.
-0-
g. Failure for Collection Container to be compliant with SB 1383 labeling requirements.
$50.00/each Collection
Container not
compliant.
-0-
h. Failure to display Contractor’s name and customer
service phone number on Collection Vehicles.
$100 per incident per
day. -0-
i. Failure to Collect a missed collection Container by close of the next Work Day upon notice to Contractor, that
exceeds twenty (20) in any Calendar Year.
$1,000 per Calendar
year, plus $10 per
incident per day.
-0-
j. Failure to repair or replace damaged Containers within the time required by this Agreement 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. $100 250 per day. -0-
l. Failure to have Contractor personnel in Contractor-
provided uniforms.
$25 per day per
employee. -0-
FINAL AGREEMENT Page 127 of 192
Item Amount if Not Cured
in 30 Days
If Cured in 30
Days
m
.
Failure of Contractor to follow Recyclable Materials and Organic Waste Contamination and Overage procedures
as set forth under Section 5.07 and 5.13.
$100/day for failure to
implement correction
plan.
Submit for
approval to
City and
implement
plan of
correction to
City within 30
days.
n. Vehicle fluid leak incidents from Contractor Collection Vehicles in excess of three (3)one (1) during a calendar yearper quarter and. BWI: Spills in excess of
approximately 5 gallons as determined by City staff or
more than one bag of absorbent
$5000 per incident in
excess of threeone (31)
per Quarter
$5000 per
incident in
excess of
three (3)
o. Failure of Contractor to provide proof of performance bond as required by this Agreement
Agreement
Default/$500 per day $500 per day
p. Failure of Contractor to provide proof of insurance as required by this Agreement
Agreement
Default/$500 per day $500 per day
q. Failure to provide City with documentation verifying Diversion, as outlined in Section 8.01.1, was achieved.
$10,000/Quarter
Submit for
approval to
City and
implement
plan of
correction
within 30
days.
r. Failure to Collect holiday trees on Collection Days. $25 per day. -0- s. Failure to commence service to a new Service Recipient within seven (7) days after order. $150 per day -0-
t. Failure to initially respond to a Service Recipient
complaint within one (1) business day.
$50.00 per failure to
resolve customer
compliant or request
-0-
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 -0-
FINAL AGREEMENT Page 128 of 192
3950
3951
FINAL AGREEMENT Page 129 of 192
Exhibit 7 3952 Customer Service Plan 3953 For Burrtec, customer service activities are just as important as excellent route performance. We 3954 maintain a local office in Santa Clarita staffed with local employees who understand the unique 3955 characteristics of the cities they serve. Customer service is the cornerstone on which Burrtec 3956 Waste Industries, Inc. was built. This philosophy is reflected in all areas of our business and is the 3957 key objective in developing our service 3958 policies and procedures. Every Burrtec 3959 employee's mission is “We’ll Take Care Of 3960 It.” 3961 3962 Knowledgeable Customer Service 3963 Staff 3964 3965 Burrtec's Customer Service 3966 centerpiece is our caring staff 3967 supported by a technology network 3968 designed to provide instant access to information. Excellent customer service is Burrtec's 3969 Number One objective, and this philosophy is reflected in every facet of its personnel training 3970 and procedures. As our ambassadors to the community, all Customer Service Representatives 3971 ("CSRs") receive in-house training, including a thorough explanation of Customer Service 3972 Policies. Procedures clearly outline the steps needed to resolve customer service issues. 3973 Burrtec CSRs are trained to operate and understand the computer systems and customer 3974 database before responding to customer calls. Burrtec has over the past 20 years provided 3975 the City of Santa Clarita with well-trained, knowledgeable CSRs who are fully aware of the 3976 Company’s procedures and contractual requirements. Representatives participate in periodic 3977 and annual training sessions. 3978 3979 One Call Goal 3980 3981 Burrtec aims to answer every customer question and resolve every customer issue with just 3982 one call. CSRs are empowered to provide the customer with “one call” resolution to accomplish 3983 this goal. Remarks are entered for each account upon contact with appropriately detailed 3984 comments regarding the nature of the customer contact and the resolution. Inquiries and 3985 resolutions are categorized by type and are reported and reviewed by Burrtec management to 3986 identify trends and root causes, enabling quick corrective actions as warranted. Callbacks are 3987 completed each morning with customers who had left a message during off business hours the 3988 previous day or weekend. Customer Service Representatives can create work orders at the 3989 time of the call, provide customers with a work status update, and will reconcile and close 3990 completed work orders at the end of each business day, ensuring an accurate record is 3991 maintained in the system. 3992 3993 Customer Service Call Center 3994 3995 The City of Santa Clarita customers will continue to be directed to Burrtec's local customer 3996 service call center at 26000 Springbrook Avenue, Unit 101, 661-222-2249, servicing the 3997 contract area. Call centers are staffed with trained and experienced “CSRs” with multilingual 3998 capabilities Monday through Friday 8 AM – 5 PM. All call centers at each of the Burrtec Division 3999 offices can support or relieve capacity as needed. Additional customer service representatives 4000 will be available for transition beginning one to two weeks prior to the rollout of new services. 4001 1. Service Recipient Billing 4002 4003
FINAL AGREEMENT Page 130 of 192
A computerized accounts receivable system generates customer billings for uniform service 4004 fees, surcharges, and discounts. Burrtec's Billing Management Department manages and 4005 maintains this system in Fontana, CA. Daily Customer Service Representatives receive 4006 process service requests and create and close work orders, effectively reconciling the 4007 customer's account information in real-time. The Santa Clarita Customer Service Manager will 4008 submit a billing request to the Billing Department. The Billing Department reviews, verifies and 4009 processes the billing files. The file is then uploaded to an invoice fulfillment center to process 4010 and prepare the mailing. The invoice processing time from the request for billing to the actual 4011 mailing of the invoice is approximately forty-eight (48) hours. 4012 4013
a. Invoice Content 4014
4015
Burrtec provides current and up-to-date information on the invoice. The invoice 4016 includes Burrtec's contact information, including email, itemized costs by services, and 4017 messages promoting paperless invoicing and electronic payments. Each invoice will 4018 include payment directions and if a single-family dwelling invoice is pre-paid annually 4019 a one-month discount. 4020
4021
b. Frequency 4022
4023
All residential customers will receive an advanced quarterly billing for the upcoming 4024 service period. Remaining customers will be invoiced monthly. Invoices are sent on or 4025 before the first day of each billing period. 4026
4027
c. Electronic Invoicing 4028
4029
Burrtec customers have the opportunity to reduce paper waste and receive electronic 4030 invoices at no additional charge. Customers participating in the electronic invoicing 4031 program continue to receive newsletters and other important program information. 4032 Participants have the opportunity to receive correspondence by mail upon request. 4033 4034
d. Inserts & Statement Messages 4035
4036
The invoices will include a statement message with important reminders or inserts such 4037 as an application for automatic bank account payment deductions, a holiday schedule, 4038 a customized newsletter, or other information requested by the City. 4039 4040
e. Late Payment 4041
4042
1) Residential, Multi-Family, Commercial, and Mixed Use 4043 4044
All residential, multifamily, commercial, and mixed use invoices are due and 4045 payable by end of billing period. Burrtec will mail a reminder letter to any customer 4046 that has not paid their bill within 30 days. The letter will indicate payment was not 4047 received and warn that late fees may be applied beginning the first day of the 4048 following month after the initial invoice was mailed. If an account remains unpaid 4049 after 90 days from the due date, the city will be notified, and customer reminder 4050 letters sent indicating the delinquency. A second letter will advise customers that 4051 the account remains unpaid, contain the balance due, including late fees, warn 4052 that delinquent balances will be sent to a collection agency, and service will be 4053 disrupted unless the account is paid in full. Returned check fees may be charged 4054 to the customer’s account. 4055
4056
FINAL AGREEMENT Page 131 of 192
2) Billing Disputes 4057
4058
If a discrepancy is discovered in an invoice presented to a customer, Burrtec's 4059 Santa Clarita management team will work with the customer to review, understand 4060 and resolve the concern. A detailed and thorough review of the account's current 4061 service levels requested service adjustments, additional services, or cancellations 4062 will be evaluated in conjunction with account “remarks” and work order history 4063 created by Customer Service Representatives during interactions with the 4064 customer. The customer will receive updated information outlining why charges 4065 were incurred or details of necessary adjustments made to the account. 4066 4067
2. Technology Network 4068
4069
The existing Burrtec technology network consists of two primary components: (i) Telephone 4070 system and (ii) Customer record management system (“CRM”). 4071 4072
a. Telephone System 4073
4074
Burrtec's telephone system is a full-featured Mitel Voice over Internet Protocol (VoIP) 4075 system with: 4076
4077
Multiple call paths offer several different paths/ways to receive an incoming customer 4078 call 4079
Multi-queue enables CSRs to be logged into multiple queues at one time, offering 4080 efficiency and increased availability during unexpected system or Santa Clarita power 4081 outages 4082
Full Automated Call Distribution (ACD) reporting capabilities 4083 Complete off-site, seamless overflow/failover systems in a remote data center 4084 Data forwarding at every call center site uses Multi-Protocol Label Switching (MPLS) 4085 for ensured communication abilities 4086
4087
Burrtec’s Santa Clarita Hauling Division local phone number 661-222-2249 has been used 4088 in Santa Clarita since 2002. Burrtec’s telephone system enables real-time monitoring of 4089 incoming calls, call duration, and calls on hold. The system displays the real-time status 4090 of calls in progress, and the status is monitored by the Lead CSR and the Customer Service 4091 Manager. The Corporate front office receptionist also monitors the system as a secondary 4092 status review. The Customer Service Manager, the Lead CSR, and the Receptionist have 4093 call load visibility in the Central Call Center and each Division Office. They can redirect 4094 calls to available operators irrespective of their office location. Should a caller be on hold 4095 for 90 seconds, the system offers the caller the option of continuing to hold or being 4096 transferred to a message center. Callbacks to recorded messages received after hours 4097 are made the next business day. Three more attempts will be made if a caller is not 4098 reached on the first attempt. An electronic log of message center activity is updated with 4099 each call and maintained in the system, and available for inspection by Los Angeles County 4100 representatives at any time. CSRs encourage callers to provide an e-mail address or cell 4101 phone number to provide updates to the caller without interrupting the caller with a return 4102 phone call. 4103
4104
b. Customer Record Management System 4105
4106
The ability to redirect calls to any available CSR regardless of office location is possible 4107 because of the versatility of the CRM System technology used at Burrtec. Burrtec has 4108 developed a customized in-house Customer Relationship Management software platform 4109 that is foundational to the hauling operations called 'WASTEC'. WASTEC fully integrates 4110 accounts receivables, dunning/lien letter notifications, customer invoice presentment, 4111 online bill pay, dispatch work order system, and routing logistics that all tie together to 4112 FINAL AGREEMENT Page 132 of 192
ensure that services invoiced accurately match services rendered. This is accomplished 4113 by using, Burrtec developed Geographical Information System (GIS) application to regulate 4114 all rate structures available in WASTEC to each specific service address by geocoding 4115 every customer to a digital street network. This GIS system also facilitates the ongoing 4116 optimization of commercial and residential routes. This software and all related data, along 4117 with other vital Burrtec applications and systems, reside on a host of servers. These 4118 servers are housed at two regionally separated off-site and highly secure data centers 4119 rated at N+1 level redundancy. Servers at each data center replicate to the other data 4120 center throughout the day. 4121
4122
Further, all critical hard drives are disk mirrored and striped (RAID 10 level). Burrtec also 4123 backs up all data on premise, off premise, and in the cloud. Burrtec’s data is immutable, 4124 encrypted, and air gapped (offline, disconnected, and inaccessible from the internet). 4125 Burrtec's proprietary CRM is the source of every customer subscription and history. Each 4126 customer record in the system includes the details about the customer's subscription, 4127 service history (including special services performed such as add-on services, Bulky Item 4128 pickups, temporary bin orders, and the like), call history, call disposition, and payment 4129 history. The Central Call Center and each Division Office are linked to the CRM so that 4130 any CSR can assist any customer from any Burrtec location. Once the caller's service 4131 address is located, a supplemental pop-up screen is available to the CSR with additional 4132 vital details regarding unique services and special events in the caller's community. Daily 4133 logs of complaints are maintained and are available to the City for review upon request. 4134 4135
c. Work Order Processing 4136
4137
Each customer call requiring service action is recorded in Burrtec’s customer record 4138 management system ensuring work orders are scheduled as an action item for the 4139 appropriate driver/supervisor. Once the service action is completed, the final resolution of 4140 the customer call is input into the customer database system and recorded on the individual 4141 customer records. Service actions include: 4142
4143
4144
4145
4146
4147
4148
4149
4150
4151
4152
4153
4154
4155
4156
4157
d. Website 4158
4159
The City of Santa Clarita will have its own dedicated website which mirrors Burrtec's 4160 recently overhauled and relaunched website. Burrtec's website will provide City of Santa 4161 Clarita residents and businesses with information on payment methods, collection 4162 services, recycling legislation, event services, ways to contact us, and more. The website 4163 will detail Santa Clarita current services and rates, diversion options available, and allows 4164 Service Recipients to submit service changes, inquiries, complaints, or queries. The 4165 website is ADA compliant and has an accessibility option. The website contains City of 4166 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 133 of 192
Santa Clarita specific programs, proper set out, educational materials, newsletters and 4167 program descriptions. 4168 4169 4170 4171 3. Staffing Levels 4172 4173 Burrtec's, City of Santa Clarita located call center will maintain a sufficient staff of twelve (12) 4174 customer service representatives. If the Contractor is able to demonstrate through customer 4175 service data, per Article 19, that a reduced number of customer service representatives is 4176 sufficient, Contractor may request a reduction in staffing. Any reduction in staffing must be 4177 requested in writing and approved by Agreement Administrator. Staffing includes front counter 4178 walk-in serviceability for City of Santa Clarita residents and businesses who prefer to meet with 4179 a representative in person. Based on the estimated customer count of 51,100, staffing levels 4180 equate to a service rate of 4,258 customers serviced by each Burrtec representative. The 4181 staffing level will include assistance provided by the customer service manager during peak 4182 hours or the adaptability of Burrtec's Mitel VoIP System, enabling managers to allocate 4183 additional resources from nearby hauling facilities to limit unforeseen wait times. Should wait 4184 times become excessive, City may require the Contractor to hire more representatives to 4185 answer calls. 4186 4187 The Customer Service Manager periodically reviews call center statistics such as Make Busy 4188 Time, Average Speed of Answer, and Average Talk Time to ensure key performance indicator 4189 goals are maintained. Daily monitoring of calls offered, calls handled, and abandoned calls 4190 ensure the highest service level and percentage of answered calls. 4191 4192 4. Payment Programs 4193 4194 a. Payment 4195 4196 Burrtec offers several convenient payment options for its customers. Payments can be 4197 made by (1) mailing a check, (2) subscribing to an electronic payment program, (3) a free 4198 24-hour automated call-in payment service using a touchtone keypad for credit card and 4199 electronic check payments, or (4) calling customer service to process an electronic check 4200 (ACH) or credit card payment. The flexibility to select payment options is offered at no 4201 additional charge. In addition to available electronic alternatives, customers are always 4202 welcome to visit our Santa Clarita office and process cash, check, or electronic payment in 4203 person. Eligible customers paying a full year in advance will receive one month’s credit for 4204 services provided. 4205 4206 Formatted: Font color: Auto, Not StrikethroughFormatted: Font color: Auto FINAL AGREEMENT Page 134 of 192
b. Refunds 4207
4208
Burrtec's automated process ensures customers receive timely refunds of overcharges on 4209 advanced payments after canceling services. Refund requests are processed within 30 4210 days from the date of cancellation. 4211
FINAL AGREEMENT Page 135 of 192
Exhibit 8 4212 Collection Service Operations Plan 4213 Burrtec’s continued growth and extensive experience in collection programs, processing and diversion 4214 have situated the company in a position to ensure that necessary resources will be available during the 4215 transition period and contract term. 4216 4217 1. Vehicles 4218 4219 New collection vehicles are on order to service the City of Santa Clarita in preparation for a contract 4220 award. Burrtec will utilize uniquely numbered, new model year 2023 vehicles with a useful life 4221 expectancy of fifteen (15) years. This will include: 4222 4223 4224 4225 4226 4227 4228 4229 4230 4231 During manufacturing and as part of Burrtec’s transition plan, collection vehicles are inspected 4232 periodically by Burrtec fleet personnel for conformance to required specifications. New collection 4233 vehicles received for operations undergo performance testing, onboard system installation, 4234 communication device setup, safety equipment checks, and fitted with appropriate identification 4235 requirements specified in the contract upon delivery. Additional fleet vehicles have been selected 4236 for use, ensuring no service interruptions at the onset of the contract. A complete inventory list will 4237 be provided to the City prior to contract service start date. 4238 4239 a) Automated Collection Vehicles 4240 4241 The automated side loader is equipped with an automated arm (integrated with the body), 4242 giving the best weight distributions and highest payloads. The 1,000-pound lifting mast reaches 4243 108" with a 10-second dump cycle. Carts may be dumped and returned from any position 4244 without retracting the lift. The self-leveling clamps handle 30-105-gallon carts. The packer 4245 design allows for better compaction, 4246 container clearance, and helps prevent 4247 spillage behind the compactor systems. 4248 The hydraulic packer computer system 4249 controls are preset to engage 4250 automatically after the programmed 4251 number of carts are dumped. 4252 4253 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 136 of 192
b) Commercial Collection Vehicles 4254 4255 The commercial front-end loader (FEL) is equipped with an automated arm and moveable fork 4256 system (integrated with the body), giving the best weight distributions and highest payloads. 4257 The 10,000-pound arm capacity fills a 12 cubic yard hopper and is specially equipped with a 4258 tipper mounted to the crossbar to service carts received from low-volume generators. The 4259 hydraulic packer computer system is preset to automatically engage after the programmed 4260 number of containers have been 4261 dumped. The packer design allows for 4262 better compaction, container 4263 clearance, and helps prevent spillage 4264 behind the compactor systems. 4265 4266 c) Other Vehicles 4267 4268 Bulky item collection vehicles may 4269 include a front loader for trash and a 4270 non-compacting flatbed for e-waste, 4271 white goods, and other recyclable 4272 material. Flatbed or box vans are used for 4273 barrel and bin delivery, exchange, and removal 4274 operations. Vehicle construction and design ensure 4275 solid waste or liquids will not blow, fall, shift or leak out 4276 of the truck onto the street. Scout trucks equipped with 4277 hook and chain hold-down equipment ensure bins are 4278 safely secured and withstand travel over steep or 4279 rough terrain. Every vehicle comes equipped with a 4280 shovel, broom, spill prevention kit, and fire 4281 extinguisher. 4282 4283 d) Specialized Equipment 4284 4285 Burrtec serves many customers throughout Southern California; some of these accounts may 4286 be in isolated, hard-to-service or have space limitations such as the Newhall and Sand Canyon 4287 service areas. Our experience includes hard-to-access mountain roads, unpaved desert roads, 4288 narrow roads, dirt roads, tightly developed urban areas, and other atypical roadways. 4289 4290 These service challenges may require smaller 4291 collection vehicles that can safely and effectively 4292 maneuver in difficult service areas. Custom-built 4293 for each circumstance; specialized vehicles 4294 include either manual or automated collection 4295 methods. While no single service option may be 4296 ideal, Burrtec is prepared to provide equipment 4297 alternatives to facilitate program compliance. 4298 4299 e) Vehicle Specifications 4300 4301 The requested vehicle specifications are identified 4302 below. 4303 4304 Fuel Type Size # of Axles GVWR Capacity # of Collection Compartments Side Loader CNG 36 yd3 3 54,900 10 Ton One Side Loader EV 36 yd3 3 54,900 10 Ton One Front Loader CNG 40 yd3 3 54,900 10 Ton One
FINAL AGREEMENT Page 137 of 192
Fuel Type Size # of Axles GVWR Capacity # of Collection Compartments Scout Truck CNG 1-3 Bins 2 26,000 5 Ton Zero Flat Bed CNG 60 yd3 2 26,000 5 Ton One 4305 4306 f) Reduction of Air Emissions and Wear & Tear on City Streets 4307 4308 Burrtec continues developing and implementing programs at its facilities with positive 4309 environmental impacts. 4310 4311 1) Reduced Air Emissions 4312 4313 Burrtec utilizes vehicles powered by Compressed Natural Gas (CNG). CNG is the same 4314 type of gas commonly used in household appliances and as a home heating source. The 4315 CNG clean fuel technology will help the environment by producing less exhaust emission 4316 pollutants than standard diesel-fueled trucks. Burrtec's current CNG fuel is derived from 4317 Renewable Natural Gas (RNG) resources produced in association with dairy farms and 4318 supplemented by landfills not eligible to meet SB 1383 procurement requirements. With 4319 these "near zero" trucks and investment in fueling system installation at the Santa Clarita 4320 Hauling Division, Burrtec remains committed to improving the environment. All alternative 4321 fuel vehicles are equipped with the L9N Near Zero Emission Gas Engine, compliant with 4322 current EPA, CARB, and South Coast AQMD emission requirements. 4323 4324 Burrtec will aid the City in achieving obligations set forth by the SB 1383 Procurement of 4325 Recovered Organic Waste requirements when reliable volumes of CNG transportation fuel 4326 become available. CalRecycle's current resource for anaerobic digesters 4327 https://www.calrecycle.ca.gov/organics/slcp/procurement includes a list titled California 4328 Anaerobic Digestion Projects Accepting Organics Waste from the Municipal Solid Waste 4329 Stream (May 2021). This list details the status of 34 statewide anaerobic digesters with the 4330 potential capability to create renewable CNG Transportation Fuel. Of the 34 facilities listed, 4331 the status indicates 3 "Inactive" and 16 "Pending," totaling 19 anaerobic digesters (55.88%) 4332 28’-0” Inner Radius
FINAL AGREEMENT Page 138 of 192
unavailable for use. Of the remaining 15 operational facilities, only five produce CNG 4333 transportation fuel required to meet SB 1383 procurement mandates for the entire state. 4334 4335
2) Reduced Wear & Tear on City Streets 4336
4337
Burrtec team members, who have lived in Santa Clarita for more than thirty years or have 4338 worked at the Santa Clarita Division for more than fifteen years, will conduct a thorough 4339 and comprehensive study of the existing routes currently operated by the incumbent within 4340 the franchise area during the implementation period. Burrtec's geographic information 4341 system (GIS) team members will develop route maps, verify routing requirements, and 4342 begin to develop the operational platform used by our drivers. GIS team members focus 4343 on key performance indicators to optimize routes, including but not limited to: 4344 4345
Container counts 4346
Tonnage generation 4347
Labor hours 4348
Fuel costs 4349
Miles driven per route 4350
Start times 4351
Distance to disposal sites 4352
Facility hours of operations 4353
Time sensitive stops (schools and shopping centers) 4354 Traffic flow and turns required 4355
4356
Route optimization sets the following goals: 4357
4358
Efficient use of resources and equipment 4359
Minimize the carbon footprint of the collection service 4360 Ensure the minimum number of changes and disruptions in collection service for 4361 existing customers 4362
4363
g) Vehicle Technology 4364
4365
(1) Lytx Safety System 4366
4367
The Lytx system is deployed on all Burrtec collection vehicles utilizing a combination of 4368 cameras, GPS, G-force measurement, and artificial intelligence (AI) to promote safe 4369 driving techniques, to detect possible accidents or unsafe activities, and specifically 4370 designed to work in areas with limited cell service. Burrtec uses the data collected through 4371 the Lytx system and transmitted to the Safety Team to train and coach safe behaviors and 4372 driving skills. The training consists of various methods that include one on one video 4373 reviews of unsafe acts or conditions and the posting of videos that demonstrate safe 4374 driving practices in driver breakroom areas. The Lytx system is utilized by fleets 4375 nationwide to reduce the potential for accidents and injuries. Burrtec currently has this 4376 system installed on over 600 vehicles. The Lytx system will meet the requirements for 4377 Video and GPS as outlined in the RFP. 4378
4379
(2) Global Positioning System (GPS) 4380
4381
GPS data will track a vehicle's path route with lines or dots superimposed on a map. Data 4382 is gathered, including date, time, speed, direction, location (address), and available in 4383 reports. Reports will be provided within two business days of the request for a specific 4384 time or a geographic area. Data is retained for a minimum of 14 calendar days. The 4385 minimum ping frequency of occurrence that GPS data is received from the vehicle will be 4386 at least every ten seconds for all vehicles when within the service area. 4387 FINAL AGREEMENT Page 139 of 192
4388 (3) Video Equipment 4389 4390 Burrtec's collection vehicles utilize forward video recording equipment to validate service 4391 complaints such as missed collections and other items of interest and a camera facing 4392 solid waste as it falls into the hopper. Video equipment will record once a vehicle leaves 4393 the yard during days of operation. Video will be geotagged for location, time/date stamped, 4394 and adequate resolution to identify the location serviced. Videos will be retained in an 4395 electronic format for a minimum of 14 calendar days. Copies of videos or screen capture 4396 of a specific day, time, or location will be provided within 48 hours of the request. 4397 4398 (4) Waste Facing Cameras 4399 4400 Onboard truck systems utilize cloud data platforms to document photographic evidence 4401 of contamination and cellular GPS systems to track and record service location, date, and 4402 time information. Onboard systems will aid in targeted route reviews. 4403 4404 h) Vehicle Appearance 4405 4406 All Burrtec collection vehicles will uniformly display the Burrtec color scheme, white with a bold 4407 horizontal burgundy stripe on the body and horizontal orange and burgundy stripes on the cab. 4408 Collection vehicles will be identified with the company name in a contrasting color and 4409 constructed such that solid waste or liquids will not blow, fall, sift, or leak out of the truck onto 4410 the street. Vehicles are repainted when reasonably required to maintain a positive public image. 4411 Vehicles are equipped with general safety equipment, fire extinguishers, shovels, broom, and 4412 spill prevention kits. 4413 4414 Automated side loaders and commercial collection vehicles may include promotional signs 4415 regarding recycling, diversion, and safe handling of unpermitted waste with text, graphics, and 4416 design approved by the City. The billboards can be 4417 changed periodically, with various trucks 4418 carrying different messages to maximize public 4419 education. Below is an example of an outreach 4420 sign currently used in the Santa Clarita 4421 franchise area. 4422
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4423 4424
i) Vehicle Maintenance Program 4425
4426
Management ensures all divisions comply with Motor Carrier Safety regulations and terminals 4427 conform to the Basic Inspection of Terminals (BIT) Program standards. Each regulated vehicle 4428 is inspected per California Vehicle Code 34505.5. Beginning with training, monthly 4429 maintenance reviews and preventative maintenance programs are critical components to 4430 ensuring compliance. Each program component is continually reviewed for effectiveness, 4431 updated to maintain compliance, and has resulted in the Satisfactory rating on Safety 4432 Compliance Reports / Safety Record Updates conducted by the California Highway Patrol. 4433 4434
Training programs include but are not limited to: 4435
4436
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 141 of 192
4437
Standard operating procedures outline maintenance program requirements, record-keeping 4438 activities, and preventative maintenance schedules. Specific performance metrics are the focus 4439 of Burrtec's monthly maintenance review program. Key performance metrics include but are 4440 not limited to the following: 4441
4442
Labor hours and productivity 4443
Labor details by vehicle 4444
Out of service journal records 4445
Scheduled preventative maintenance completion 4446
Multiple vehicle repairs 4447
Major repairs required 4448
Non-safety sensitive backlog 4449
4450
j) Vehicle Maintenance Schedule 4451
4452
Trucks are maintained in Burrtec’s Santa Clarita yard by seasoned mechanics. Burrtec's robust 4453 preventative maintenance program will ensure all vehicles are in good, safe, neat, clean, and 4454 operable condition at all times. Collection vehicles will be thoroughly washed, steam cleaned, 4455 and regularly painted to present a clean appearance. Burrtec will make all collection vehicles 4456 available for inspection by City staff upon request. Burrtec agrees to replace or repair to the 4457 City's satisfaction any collection vehicle that the City determines to be of unsightly appearance 4458 or in unsatisfactory operating condition. Vehicle maintenance schedules are designed to 4459 ensure vehicles are maintained at the highest state of readiness. 4460 4461
1) Daily Inspections 4462
4463
Driver cab cleaning 4464
Driver vehicle inspections conducted 4465
• Air brake inspections 4466
• Pre-Trip - Before work commences 4467
• Visually - While on the route and during disposal operations 4468 • Post Trip - Upon completion of daily activities 4469
4470
2) Weekly Activities 4471
4472
Vehicle washing 4473
Vehicle brake inspections performed by the maintenance department 4474 • Air brake test completed 4475
• Brake shoes or pads inspected 4476
• Brake drums or rotors inspected 4477
• Air lines, cans, and brackets inspected 4478
• Wheel seals checked 4479
• Back up alarm tested 4480
• Back up lights inspected 4481
• Brake lights inspected 4482
• Back up camera inspected 4483
• Repairs reported, recorded, and completed 4484
Vehicle tire inspections performed by the maintenance department 4485 • Tire tread depth measured 4486
• Tires air pressure checked 4487
• Tires inflated to manufacturers' specs 4488
• Tires with defects or low tread changed 4489
• Tires matched by the tread depth 4490
• Repairs reported, recorded, and completed 4491
FINAL AGREEMENT Page 142 of 192
4492
3) Monthly Inspections 4493
4494
General vehicle inspections scheduled every 30 days comprising of over forty (40) 4495 items inspected on each vehicle in the following component groups 4496 • Vehicle Body 4497
• Hydraulic System 4498
• Engine Fluid Levels 4499
• Cooling System 4500
• Air & Brake System 4501
• Fuel System 4502
• Chassis and Suspension System 4503
• Cab Controls 4504
• Decals & Paint 4505
• Safety Devices 4506
• Camera System 4507
• Registration and Documentation 4508
4509
4) Quarterly Inspections (every 90 days) 4510
4511
Includes the monthly vehicle inspection and adds the following inspection 4512 requirements 4513
• Coolant sample sent for analysis 4514
• Coolant pH test 4515
• Engine oil sample sent for analysis 4516
• Engine air, fuel, and oil filter change 4517
4518
5) Semi-Annual Inspections (every 180 days) 4519
4520
Includes the monthly vehicle inspection and adds the following inspection 4521 requirements 4522
• Coolant sample sent for analysis 4523
• Coolant pH test 4524
• Change engine oil. Sample sent for analysis 4525
• Transmission, air, fuel, and oil filters changed 4526 • Transmission fluid sample sent for analysis 4527
• Hydraulic fluid sample sent for analysis 4528
6) Annual Inspections (every 365 days) 4529
4530
Includes the monthly vehicle inspection and adds the following inspection 4531 requirements 4532
• Inspection of the hydraulic system 4533
• Inspection of the transmission system 4534
• Coolant is changed and the sample sent for analysis 4535 • Manual Transmission/Differential general inspection 4536 • Manual transmission oil sample sent for analysis 4537 • Gear/differential fluid sample sent for analysis 4538 4539
7) Road Calls 4540
4541
Burrtec’s maintenance program is designed to ensure the optimal readiness level of 4542 collection vehicles. Burrtec maintenance departments are equipped to respond rapidly to 4543 immediate driver needs if breakdowns occur. Designated technicians respond to drivers' 4544 "Road Calls" for assistance using vehicles specially equipped to remedy most mechanical 4545 failures that can occur in the field. An adequate amount of well-maintained spare 4546 FINAL AGREEMENT Page 143 of 192
equipment is available should repairs require the vehicle to be returned to the hauling yard 4547 or be placed out of service for an extended period. Burrtec's onsite approach allows 4548 technicians to respond within one hour of the breakdown, minimizes driver downtime, and 4549 reduces potential service delays. 4550
4551
2. Containers 4552
4553
Burrtec has secured an allotment of time in the manufacturing schedule for container production 4554 from its vendors to fulfill the contract award requirements. Consistent with SB 1383 regulations and 4555 contractual requirements, containers will be colored and labeled with the required languages and 4556 signage explicitly designed to facilitate diversion goals and convey general safety information. 4557 4558
a. Past Experience 4559
4560
Burrtec has long-standing relationships with two primary container manufacturers. For more 4561 than two decades, the Rehrig Pacific Company has manufactured Burrtec automated carts. 4562 Consolidated Fabricators, now Wastequip, has continued to supply Burrtec with commercial 4563 bins and roll-off boxes for nearly three decades. Burrtec’s long-standing and successful 4564 partnership with these companies has provided a platform for Burrtec management team 4565 members to provide input in the design, operational efficiency, and supply chain management. 4566 4567
1) Rehrig Pacific 4568
4569
The Rehrig Pacific Company was first established in 1913. For over 100 years, Rehrig 4570 Pacific has believed the key to success lies in making products that give customers real 4571 advantage. Today, Rehrig Pacific is in its second century of business, carrying on under 4572 the leadership of the founder's great-grandson. The Rehrig Pacific Company continues to 4573 build upon its expertise in manufacturing and extensive knowledge of customers' 4574 operations to create new solutions for customers. 4575 4576
2) Consolidated Fabricators 4577
4578
Since 1974, Consolidated Fabricators has committed to delivering a line of solid and 4579 innovative products focused on performance, product development, fabrication, and 4580 delivery. Consolidated Fabricators has become a reliable business partner within the 4581 industry, and in 2020, Wastequip, the leading North American manufacturer of waste 4582 handling equipment, added Confab to its portfolio of brands. This acquisition allows Confab 4583 additional operating efficiencies to serve its customer base better. 4584 4585
b. Sufficiency of Capacity 4586
4587
Customers will be able to choose a variety of services offered by Burrtec’s preferred source-4588 separated container collection system when considering their material stream volumes and 4589 individual need for flexibility. Cart and bin serviced sectors, including multi-family complexes, 4590 will be included in the source-separated system. Customers will be able to source separate 4591 recyclables, organics, refuse, and food waste. This service combination is designed to 4592 maximize diversion while minimizing the contamination of customized services amongst 4593 customers. The variety of services offered will enable service recipients to receive clean, 4594 efficient, and cost effective collection services. Available container dimensions are shown 4595 below. Additional recycling and organic waste containers are always available to customers 4596 upon request. 4597
4598
FINAL AGREEMENT Page 144 of 192
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” 4599 c. Bin Enclosures and Limited Space 4600 4601 1) Bin Enclosures 4602 4603 Burrtec aims to maximize container utilization 4604 and operational efficiency when collecting 4605 waste, recyclables, and organics. Efficiency is 4606 realized when the driver uses minimal 4607 movements to position containers for 4608 servicing. Appropriately sized enclosures, 4609 containers, and service frequency assist in 4610 maximizing collection efficiency, driver safety, 4611 and reducing wear and tear on City streets by 4612 limiting the number of times vehicles enter the 4613 premises each week. Properly sizing 4614 enclosures and providing an adequate number 4615 and size of containers reduce overfilled 4616 occurrences, accumulation of materials next to 4617 the container, and the use of unauthorized 4618 containers for material storage. Burrtec 4619 maintains staff capable of assisting City 4620 Planning Departments with urban planning 4621 and development expertise specifically suited 4622 to address "Design Guidelines for Solid Waste, Recyclable, and Organics Enclosures." 4623 4624 Enclosures must be designed to comply with applicable building requirements, including 4625 14 CCR Section 18989.1 CalGreen Building Codes as outlined in SB 1383 regulations. 4626 Enclosures must be located no more than 150 feet from any residential unit for multi-family 4627 residential projects. Ideally, containers should be placed so that they can be easily 4628 accessed and are not blocking each other. Adequate area should be kept around the bin 4629 so that lids can be shut when not in use. 4630 4631 Some businesses and multi-family projects prefer to store collection containers in a room 4632 or area attached to the business or residential project. These may be acceptable storage 4633 methods if the area complies with City development standards with bins positioned in a 4634 manner Burrtec can efficiently access for service. 4635 4636 The actual type and amount of service will depend upon the specific needs of a business 4637 or multi-family project. Burrtec’s Recycling Coordinators will first use this information to 4638 conduct site visits to customers, verify container counts, schedule follow-up waste 4639 assessments, and begin "right-sizing" recyclable and organic recovery programs. Burrtec 4640 staff will validate compliance with AB 827 and SB 1383 regulations when conducting waste 4641 audits and assessments or processing waiver applications. 4642
FINAL AGREEMENT Page 145 of 192
4643
2) Limited Space 4644
4645
Burrtec will provide alternative container sizes to residential customers and older shopping 4646 centers with limited parking and no enclosures such as Old Town Newhall, Lyons Avenue, 4647 and Sierra Highway. Alternative container sizes will have the same commodity selections 4648 as would have been initially provided. For example, up to 3 – 35 gallon carts will be 4649 provided in instances where larger containers could not be accommodated due to space 4650 restrictions for cart storage or set out sites. 4651
4652
Additional containers are also available in instances with commercial businesses or multi-4653 family dwellings. Burrtec will assist the City with waiver-related activities under SB 1383 4654 requirements as listed below. 4655
4656
Upon customer request 4657
Collected and review waiver applications 4658
Determining initial qualifications 4659
Record keeping and retention 4660
4661
Waivers will be valid for not more than five years. Customers may request a waiver for the 4662 business' organic waste collection requirements if the amounts of organic waste are as 4663 follows. 4664
4665
Less than 20 gallons for businesses that produce two cubic yards or more of total 4666 solid waste per week or 4667
Less than 10 gallons for businesses that produce less than two cubic yards of total 4668 solid waste per week 4669
4670
Customers with legitimate space constraints requesting a waiver from their obligation to 4671 recycle organic waste should be applicable in limited scenarios. Limited space waiver 4672 requests are expected to decrease in use over time once building standards include 4673 adequate container space requirements for organic waste collection. Physical space 4674 waiver applications will include photographic evidence when submitted for approval. 4675 4676
d. Container Appearance 4677
4678
Variable container sizes will be available to suit customers' individual needs. Burrtec will 4679 provide SB 1383 colors and labels for all container sizes. Labels for each service sector will 4680 maintain continuity with messaging to strengthen the education and outreach efforts. 4681 Residences can expect to see the same prohibited and authorized materials for each container 4682 at their home and place of business. 4683
4684
1) Container Durability 4685
4686
All containers used by Burrtec are durable, easy to clean, and will: 4687 4688
• Maintain its original shape and appearance 4689
• Require no routine maintenance and essentially be maintenance-free 4690 • Not warp, crack, discolor, or otherwise deteriorate over time in a manner that will 4691 interfere with its intended use 4692
• Resist damage from everyday products and chemicals 4693 • Be incapable of penetration by biting or clawing animals (i.e., dogs, cats, and 4694 raccoons) 4695
• Included wheel and axle assemblies to provide continuous maneuverability and 4696 mobility as initially designed and intended 4697
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• Resist degradation by ultraviolet radiation, airborne gases, or particulate matter 4698 currently present in the ambient air 4699 4700 Each container will be provided with a lid that continuously overlaps and comes in contact 4701 with the container body or otherwise causes an interface with the container body that 4702 simultaneously: 4703 4704 • Prevents the intrusion of rainwater, rodents, birds, and flies 4705 • Prevents the emission of odors 4706 • Enables the free and complete flow of material from the container during the dump 4707 cycle without interference with the material already deposited in the truck body or 4708 the truck body itself and its lifting mechanism 4709 • It permits users of the container to conveniently and quickly open and shut the lid 4710 throughout the serviceable life of the container 4711 4712 Cart lid designs prevent an empty container from tilting backward when flipping the lid 4713 open. The lid will be hinged to the cart body in such a manner to enable the lid to be fully 4714 opened, free of tension, to a position whereby it will rest against the backside of the 4715 container body and remains closed in winds up to 25 miles per hour from any direction. 4716 4717 2) Automated Carts 4718 4719 The cart's body, made from up to 40% recycled material content and identified by a unique 4720 serial number will include the company name or brand in a contrasting color. The cart lids 4721 will include text and graphics listing each respective cart's acceptable and non-acceptable 4722 items. General cart use information such as hazardous waste reminders is also included. 4723 Informational graphics will reinforce the cart's intended use and serve as a convenient 4724 reminder to customers. Below are the SB 1383 in-mold labels for trash, recycling, and 4725 organic waste cart lids used in other service areas. 4726 4727
ORGANICS
BLACK
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4728 4729 4730 3) Commercial Bins 4731 4732 Below are the standard bin specifications and SB 1383 bin labels for trash, recycling, and 4733 organic waste containers used in other service areas. Containers will include text and 4734 graphics listing the acceptable and non-acceptable items. General use information such 4735 as hazardous waste reminders is also included. Graphical information will reinforce the 4736 container's intended use and serve as a convenient reminder to customers. 4737 4738 Standard Bin Specifications 4739 4740 • Plastic durable lid 4741 • 14 Gauge construction with flanged corners and horizontal "V" groove ribs front, 4742 back, and bottom 4743 • 12 Gauge interlocking banding 4744 • 11 Gauge 4" x 8" Full-length gusseted fork channels - on ends reinforced at pick-4745 up points (2" recess or flush front & rear). 1, 1 1/2, 2 cubic yd with 4 gussets per 4746
FINAL AGREEMENT Page 148 of 192
channel, 3 cubic yd with 6 gussets per channel, 4 cubic yd with 8 gussets per 4747 channel 4748 • Channels are available on the bottom with 4 gussets per channel 4749 • Zinc plated lid rod with 90-degree bend and nylon lock nut 4750 • Lid holders to hold lids open 4751 • Lid ears to accommodate plastic or steel lids 4752 • 6" roller bearing rubber swivel casters with grease fittings (450 lb. capacity each) 4753 • 10 Gauge caster plates with flange for strength 4754 • Interior coated with automotive underseal or rust-inhibitive alkyd primer 4755 • Exterior (including the bottom) painted selected colors with alkyd enamel paint 4756 4757 4758 4759 4760 4761 4762 4763 4764 4765 4766 4767 4768 4769 4770 4771 4772 4773
FINAL AGREEMENT Page 149 of 192
e. Container Maintenance Program 4774
4775
Burrtec’s container maintenance facility is centrally located in the City of Santa Clarita at 4776 Burrtec’s Santa Clarita Hauling Division. Utilizing a local hauling facility allows Burrtec, in many 4777 cases, to complete bin repairs, bin washing, and paint requirements sooner than the contract 4778 requires. Burrtec will maintain an adequate container inventory and parts in sufficient quantities 4779 to deliver or replace containers within five service days of the request. The City will be informed 4780 of inadequate inventory concerns or manufacturer delays. 4781 4782
Burrtec will replace or repair containers observed to be damaged or at the request of the City, 4783 customer, or occupant. Fees may be charged for missing or damaged containers due to the 4784 customer or occupant's negligence. Minor damages that do not impede the ability to collect 4785 materials nor pose a safety concern are generally repaired or replaced on the customer’s next 4786 service day. Containers damaged from extraordinary circumstances or requests for repair or 4787 replacement from the City, customer, or occupant will be completed as agreed upon at the time 4788 of notification but no later than as required by the franchise agreement. In all cases, Burrtec 4789 will ensure the customer's safety, and the functionality of containers remains the priority. 4790 4791
3. Route Operations 4792
4793
a) Advantages to Collection Vehicles Chosen 4794
4795
Vehicles are operated in compliance with the California Vehicle Code, applicable safety 4796 standards, and local ordinances. The Burrtec fleet benefits from three specific advantages: 4797 4798
Use of alternative renewable fuels. Burrtec's use of alternative fuels minimizes pollution, 4799 reduces fuel costs, and capitalizes on renewable natural gas produced at dairy farms 4800 and landfills. Renewable natural gas procurement further reduces the demand for natural 4801 resources. 4802
State of the art technology. Many Burrtec vehicles bodies are specifically designed for 4803 longevity and to collect the maximum payload possible using advanced materials such 4804 as Hardox® wear and abrasion-resistant steel. Coupled with the Lytx Safety System 4805 and GPS technology, the number of vehicles and routes required for service is 4806 significantly reduced, eliminating unnecessary wear and tear on City streets. Additional 4807 technological vehicle advances offered to the City of Santa Clarita are highlighted in the 4808 Innovative “Green Approach” section under Environmental Stewardship. 4809 Conscientious of neighborhoods and families. Burrtec's equipment complies with US 4810 EPA noise emission regulations, currently codified in 40 CFR Part 205 and other 4811 applicable noise control regulations. Such noise control features are incorporated 4812 throughout collection vehicles. Noise levels of equipment utilized for collection activities 4813 comply with respective ordinances. They do not exceed 75 dcb when measured at a 4814 distance of 25 feet from the vehicle, five feet from the ground. 4815 4816
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b) Driver Responsibilities 4817 4818 Burrtec drivers are primarily responsible for safety and service. 4819 Burrtec drivers are courteous, keep a personally clean 4820 appearance, demonstrate a professional demeanor, and are 4821 friendly at all times. Drivers maintain the accuracy of their route 4822 sheets, including proper quantities and container sizes, and 4823 use notification tags for prohibited container contaminants 4824 discovered while servicing the routes. Drivers are considerate 4825 when working near residences in the early a.m. hours, pack 4826 loads only when necessary, and are on the lookout for 4827 potential hazards involving children and pedestrians, animals, 4828 vehicles, blind intersections, overhead obstacles, and poorly 4829 lit areas. Drivers ensure all spillage of trash and enclosures 4830 are clean after servicing containers. Drivers will advise their 4831 supervisor or dispatcher of discrepancies or errors 4832 encountered. Notifications allow necessary corrections to be made expeditiously. A copy of 4833 Burrtec's "Driver Handbook" containing a complete list of safety requirements, driver 4834 responsibilities, and company expectations can be provided to the City upon request. 4835 4836 c) Anticipated Driver Productivity 4837 4838 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 4839 d) Operational Communications 4840 4841 When a customer contact requires Burrtec action, the CSR generates a work order. Work 4842 orders transmitted electronically become the dispatcher's responsibility to schedule fulfillment 4843 of the service request promptly. 4844 4845 Each day, drivers are given detailed route sheets and supplemental work orders. Route sheets 4846 include account notes and work orders to provide the driver with specific service requests or 4847 instructions provided by the customer. Additional customer requests requiring same-day 4848 service are communicated to the driver by dispatch throughout the day. The driver will confirm 4849 to dispatch when work is complete. 4850
FINAL AGREEMENT Page 151 of 192
4851 Before leaving the route for the day, drivers will contact on-site dispatch making their "Last 4852 Call." Last Call communications ensure all work is completed prior to returning to the yard. 4853 Upon returning to the hauling yard, drivers will check in with dispatch to complete a final 4854 reconciliation of scheduled versus completed work. The hauling division’s central location in 4855 Santa Clarita allows for rapid response times and same day service in many cases. 4856 4857 The Route Supervisor monitors the status of all Work Orders to ensure timely fulfillment and 4858 weight tickets for DOT compliance. Any CSR can access Work Orders at any time to monitor 4859 status. Work order fulfillment timeliness depends upon the nature of the order. For example, 4860 Dispatch attempts to resolve orders regarding service issues on the day received, while a Bulky 4861 Item collection would be scheduled for the customer's next regular collection day. 4862 4863 e) Driver Contamination Monitoring 4864 4865 Drivers will use two primary methods to determine the type of prohibited container 4866 contaminants they may encounter. These methods consist of process and task identification 4867 techniques used to determine container contamination types that may be present. 4868 4869 Process Identification: Drivers determine what type of business uses the containers serviced. 4870 Suppose a driver is at a fast-food establishment, and there are no recycling or organic waste 4871 collection containers present. In that case, drivers will look for corrugated material or food waste 4872 in the refuse containers during service and report findings accordingly. 4873 4874 Task Identification: Roll off drivers servicing containers at a construction site will notify dispatch 4875 when organic waste is observed in the construction & demolition box that could otherwise have 4876 been collected in an organics container. 4877 4878 Drivers will place notification tags educating customers on prohibited contaminants found. 4879 Burrtec will inform generators on proper container utilization techniques and how contamination 4880 can be corrected at discovery and using standard mail or notifications sent via e-mail. Red tags 4881 are applied to residential customer carts and a visible contamination decal for commercial bins. 4882 4883 4884 4885 4886 4887 4888 4889 f) Annual Service Level and Billing Audit Approach 4890 4891 1) Audit Plan 4892 4893 Burrtec has developed a comprehensive plan to conduct annual route audits. This plan 4894 utilizes trained Burrtec professionals experienced with equipment, auditing jurisdictions, 4895 and our work order system and the processes required to resolve exceptions. 4896 4897 The route audit will be conducted over multiple weeks, and allows our auditors to physically 4898 visit each customer within the City. Each auditor is fully trained to conduct these audits to 4899 meet all CalRecycle and City requirements. 4900 4901 Auditors are equipped with tablets to document observations in real-time while on the route 4902 and minimize data transfer errors. Each auditor will follow route lists specially designed for 4903 each project which will detail customer account information in such a way as to allow 4904 auditors to capture multiple commodities in a single visit to the customer's location on a 4905 scheduled service day. Completed data will be downloaded nightly and reviewed by the 4906 FINAL AGREEMENT Page 152 of 192
audit management team. An exception list will be generated from the data and provided to 4907 appropriate personnel for processing. Exceptions-based work orders will be created for the 4908 operations team to remedy timely and on a customer's future service day. 4909 4910
Burrtec will supply designated City personnel a detailed report upon completing the route 4911 audit containing information on the procedures followed, of the names of the employees 4912 who conducted the audit, a description of changes required resulting from the audit, and a 4913 plan to resolve any exceptions still needing to be rectified. Included in the report presented 4914 to the City will be the backup data. 4915
4916
2) Route Maps 4917
4918
Santa Clarita route maps will be included in the final report. Route maps will consist of city 4919 overviews for residential and commercial customers for each commodity. City boundaries 4920 will be highlighted to demonstrate proof that all routes exist within City limits. 4921 4922
Commercial routes are designed to serve a specific geographic area throughout the week 4923 within City boundaries. Only one map will be shown for each trash, recycling, and organics 4924 commercial route. In addition to route overviews, individual route maps per service day will 4925 be provided for residential collection activities and arranged by commodity. 4926 4927
3) Route Audit Team 4928
4929
The route audit team is comprised of two groups. Burrtec's most seasoned auditor leads 4930 the route audit management team with countless experiences in coordinating, conducting, 4931 and validating account information. Additionally, the route audit management team will 4932 include the Regional Hauling Manager and Santa Clarita Division Manager directly 4933 responsible for the hauling operations within the City of Santa Clarita to remedy any 4934 exceptions generated from the audit. 4935
4936
The route audit team members are comprised of a variety of skill positions within the 4937 organization and operate out of multiple divisions. Route audit team members bring 4938 industry knowledge of container conditions, work order processes, and computer skills, all 4939 necessary to complete the contractual compliance requirement. Route audit team 4940 members range from yardmen, to office staff capable of executing field audit operational 4941 tasks and include seasoned drivers from multiple divisions. 4942 4943
4) Route Audit Team Training 4944
4945
Route audit team training will consist of individual components administered by the route 4946 audit management team. The route audit team has extensive knowledge in completing City 4947 of Santa Clarita commercial audits for nearly two decades, critical to efficient and effective 4948 audit execution. 4949
4950
The first phase of training will be conducted in an office environment. The training will 4951 outline an overview of the audit, including contract requirements, review map orientation 4952 and City boundaries, and familiarization with the iPad and forms completed while onsite. 4953 The second phase of training will consist of bin and cart contamination requirements. Using 4954 actual examples of equipment in the field, the route audit management team will ensure 4955 each auditor clearly understands what container contamination is. 4956 4957
Next, the route audit management team will conduct live field tests with each route auditor. 4958 Field tests ensure proper use of the electronic tablets, confirm auditors understand 4959 expectations, and ensure data transfer and exception reports can be generated from the 4960 information collected by the route audit team. 4961
4962
FINAL AGREEMENT Page 153 of 192
5) Conducting the Audit 4963
4964
Auditors will arrive at each customer's location and select the appropriate or prohibited 4965 materials found in each container observed, quantity of containers on site, and size of each 4966 container. Audit results and corrections will be provided to the City as required. 4967 4968
4. Facilities 4969
4970
a) Designated Facilities 4971
4972
Burrtec corporate offices and hauling operations facilities used to service the City of Santa 4973 Clarita are listed below: 4974
4975
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
4976
Burrtec proposes delivering solid waste, commingled recyclables, and organics to the facilities 4977 listed below. 4978
4979
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
4980
Organic waste will be collected and hauled by Burrtec 4981 and processed through the proposed Rent-a-Bin 4982
facility. The Rent-a-Bin facility is currently in the 4983 process of acquiring the proper Solid Waste Facility 4984 Permit to receive, process, and transfer organic waste 4985 by July 1, 2023. More details about the Facility will be 4986 provided as the permitting process progresses. 4987
4988
b) Estimated Recovery Rates Net of Residue 4989
4990
Commodity Disposal Facility Recovery Rate Permitted
Capacity
Recyclables Rent-a-Bin TBD TBD
Organic Waste Rent-a-Bin TBD TBD
4991
FINAL AGREEMENT Page 154 of 192
c) Operational Limitations of Recycling and Organic Waste Processing 4992 4993
1) Organic Waste Processing 4994
4995
As of April 7, 2022, Rent-a-Bin is only permitted to accept green waste for chip and grind 4996 processing activities. Recent discussions with Rent-a-Bin have indicated that they are 4997 currently in the permitting phase to process organic waste to include bagged food waste 4998 collected with the green waste, source separated food waste, and manure. Rates and 4999 diversion estimates will not be available until the facility is permitted and constructed 5000 5001
Rent-a-Bin remains the primary facility selected to receive organic waste material. In the 5002 unlikely event, Rent-a-Bin has not received their permits to process organic waste onsite 5003 by July 1, 2023, materials would be delivered to Rent-a-Bin and transferred to Burrtec’s 5004 strategic partner, Agromin as an interim solution. 5005 5006
However, in order to receive and transfer the materials to Agromin, the Rent-A-Bin facility 5007 requires a Solid Waste Facility Permit. In the unlikely event Rent-a-Bin has not received 5008 their permits by July 1, 2023, as a temporary solution, Burrtec will use Sun Valley Paper 5009 Stock Material Recovery Facility and Transfer Station to receive and transfer organic 5010 material to an Agromin facility. 5011
5012
As soon as Rent-a-Bin receives the proper permitting and completes facility construction, 5013 appropriate materials will be redirected to Rent-a-Bin. 5014 5015
Sun Valley Paper Stock Material Recovery Facility & Transfer Station is the alternative 5016 transfer facility to Rent-A-Bin. Designed for an ultimate peak throughput of 1,250 tons per 5017 day (TPD) and is permitted for 750 TPD. This is a typical transfer station responsible for 5018 load checking green waste and food waste loads to remove large pieces of contamination 5019 before materials are sent to Agromin's permitted organic waste processing facilities listed 5020 below. The materials will be placed in a pile on the transfer station floor and are typically 5021 transferred the same day. Burrtec has an existing working relationship with Sun Valley 5022 Paper Stock for the transfer of materials for several franchised areas. There is adequate 5023 capacity to receive and transfer the materials from Santa Clarita. 5024 5025
Agromin. With the increase in organic material availability, Burrtec has partnered with 5026 Agromin, established in 1972 is a family-owned and operated company. Agromin is 5027 California’s premier organics processor and currently operates nineteen (19) organic 5028 materials processing facilities in California, with plans to develop additional locations. Each 5029 year, Agromin manages over 1.2M tons of organic waste materials through its own 5030 processing facilities and its strategic partners' facilities. With over 200 dedicated 5031 employees working within 15 counties, Agromin proudly serves more than 200 5032 communities throughout California. To date, Agromin has responsibly transformed over 8M 5033 tons of organic waste into organic products for use in agriculture, landscape, and retail 5034 markets. Agromin’s compost operation is in compliance with Article 12 Section 18993.1(f) 5035 of SB 1383 regulations. 5036
5037
Agromin Oxnard Organics Recycling Facility has been operating for two decades 5038 and has served as a research facility for covered aerated static pile (CASP) 5039 technology. Located in Oxnard, this facility accepts up to 200 tons per days of 5040 green waste, agricultural processing waste, and wood waste. Agromin Oxnard 5041 Compost Facility is permitted and has capacity to accept the Santa Clarita green 5042 waste tonnages. 5043
5044
Agromin Mountain View Organic Waste Processing Facility has a Solid Waste 5045 Facility Permit and will be operational in late 2022 before the July 1, 2023, 5046 contract date. This facility will receive and process 300 tons per day (TPD) of food 5047 FINAL AGREEMENT Page 155 of 192
materials, organic waste, and compostable fibers from the commercial solid waste 5048 collection routes. The resulting 210 TPD of slurry may be used for anaerobic 5049 digestion operations, and may eventually be processed into on-site animal food 5050 production and fertilizer. 5051
5052
Agromin Rancho Cristobal Compost Facility is expected to be permitted before 5053 July 1, 2023 and will also have available capacity for Santa Clarita green waste 5054 tons. This site will receive 200 tons per day of green waste for composting in the 5055 hills of Ventura County to produce compost for mine reclamation projects and for 5056 regenerative carbon farming by sequestering compost in the rangelands. Agromin 5057 is concurrently developing partnerships to implement carbon farming on 5058 rangeland, which can be considered for voluntary carbon offset credits. 5059 5060
2) Recyclable Material Processing 5061
5062
Rent-a-Bin cannot offer processing fees or diversion rates until permitting and 5063 construction nears completion. Burrtec has a currently working relationship with Rent-a-5064 Bin and has frequent and regular communications regarding the current and future facility. 5065 5066
Rent-a-Bin currently accepts single-stream materials generated in the Santa Clarita Valley 5067 for transferring to off-site processors. Burrtec transfers collected materials to its Burbank 5068 Recycle Center (SWIS 19-AA-1149) located at 500 S Flower Street, Burbank, CA 91502. 5069 Until Rent-a-Bin secures permits and constructs a facility, Burrtec will continue to utilize 5070 Rent-a-Bin to transfer its recycling materials to the Burbank recycling facility. 5071 5072
d) How Recyclable Materials Will Be Marketed and Sold, Contingencies 5073 5074
Recyclable Material 5075
5076
Currently, commodity markets are relatively stable. Plastic markets now have more options 5077 to ship to domestic mills. Markets have adjusted to the elimination of China as a significant 5078 consumer of recycled materials. Quality standards remain high and challenge Material 5079 Recovery Facilities, given the contamination levels in most recyclable streams. Shipping 5080 to overseas markets can be complicated with existing trade imbalances, resulting in a lack 5081 of space on outbound ships. Recyclable materials are currently averaging an estimated 5082 $41.33 per ton in gross revenue before processing and residue charges. Burrtec continues 5083 to expand its network of international and domestic outlets and brokerage firms to increase 5084 the marketability of materials collected and diversion potential. 5085 5086
In each case markets fluctuated, Burrtec has been able to address the situation through a 5087 combination of strategies including, but not limited to, sourcing out new markets, improving 5088 processing output quality, and stockpiling material until conditions improve. Burrtec will 5089 continue to use these same strategies in the future and is capable of adding emergency 5090 storage capacity if necessary. 5091
5092
Organic Waste Material 5093
5094
Burrtec will coordinate and cooperate with the City of Santa Clarita to assist in meeting its 5095 recycled organic waste procurement targets as required by SB 1383 regulations. The 5096 following programs should all be considered: 5097
5098
Community compost giveaway events 5099
City parks landscape, medians, and turf enhancements where recycled organic 5100 products are used to minimize water usage and improve soils 5101 Compost used in stormwater detention basins to promote vegetation growth 5102 FINAL AGREEMENT Page 156 of 192
Utilizing renewable natural gas derived from organics conversion technologies 5103 as alternative fuel or electricity 5104
Burrtec can act on behalf of the City of Santa Clarita as a direct service provider 5105 to procure compost and deliver material to a network of customers in the 5106 agricultural community. 5107
5108
5. Safety 5109
5110
a. Staffing Safety Requirements 5111
5112
Burrtec's safety program is managed by its Safety Director and includes training, preventive 5113 programs, and driver pre-employment risk evaluations. New drivers undergo extensive 5114 classroom and in-cab training before being approved for solo operation. 5115 5116
Reporting to the Director of Safety, Driver Trainers coach drivers throughout the organization 5117 to reinforce safe driving and work behaviors. Driver Trainers participate in in-cab ride-a-longs 5118 with the driver, conduct field training events, hold classroom training, participate in post-incident 5119 retraining, and review data collected by the onboard truck safety systems. 5120 5121
Periodically, route supervisors will conduct route observations both in-cab and following 5122 vehicles. Route observations are meant to allow the employee an opportunity to demonstrate 5123 safe work practices, defensive driving skills, and complete a written assessment of these 5124 activities. Drivers will receive a copy of the observation and have the opportunity to provide 5125 feedback. 5126
5127
All employees participate in routine safety meetings and scheduled refresher training 5128 conducted by the company’s Safety Director, division managers, and route supervisors. 5129 5130
Safety training topics include, but are not limited to, the following: 5131 5132
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
5133
Each vehicle is equipped with a two-way radio, general safety kit, broom, shovel, spill 5134 prevention kit, and fire extinguisher. The Santa Clarita on site dispatch department serves as 5135 the center for all driver-route supervisor-customer service communications. This 5136 communication system enables the field operations staff to promptly address safety issues and 5137 FINAL AGREEMENT Page 157 of 192
service encounters such as locked gates, equipment malfunctions, or late set-outs. It also 5138 effectively advises drivers when customers are ready for collection after mitigating a non-5139 collection issue. 5140
5141
Additional employee trainings include: 5142
5143
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
5144
Burrtec continually works to update its safety program. Following are highlights of the 5145 programs, training, and recently improved systems. 5146 5147
1) Proprietary Backing Accident Prevention Program 5148 5149
The Backing Prevention Program was developed to help field trainers and supervisors 5150 teach and prevent backing accidents from occurring. This training was given to all 5151 management and drivers that operate company on-road equipment and included written 5152 performance tests. Burrtec experienced an immediate reduction in backing accidents. 5153 Today, all new drivers are taught this technique and must pass both tests before driving 5154 equipment on their own. 5155
5156
2) Supervisors Hands-On Prevention Training 5157
5158
Every quarter, the Burrtec management team receives regular safety training. Topics have 5159 included post-accident investigation techniques, interactive trainer training lessons, 5160 regulatory updates, and injury prevention subjects. New management team members also 5161 receive in-depth training in smaller class sizes. 5162 5163
3) Lytx Safety System 5164
5165
In late 2019, Burrtec began the deployment of the Lytx Safety System throughout the entire 5166 fleet. With the help of cameras, g-force sensors, and real-time artificial intelligence 5167 software, management can instantly review safety-sensitive behavior and correct it. 5168 5169
Lytx safety systems help Burrtec ensure that the fleet operates at maximum efficiency, 5170 security, and safety while keeping risks to a minimum and avoiding false claims made 5171 against drivers. Lytx safety systems work by using telematics and vehicle tracking systems 5172 like GPS to record vehicle information sent to advanced software programs that analyze 5173 the stream of data. These software programs offer reports on location, speed, idling time, 5174 mileage, and driver alerts to help Managers discover trends and insights that point to 5175 opportunities for driver efficiency improvements. 5176 5177
The term "telematics" is a combination of two areas of technology; telecommunications and 5178 informatics. Burrtec’s system is designed to send data over high-speed cellular 5179 connections. The data contains vehicle location, direction, speed, driver alerts, and 5180 recorded video. 5181
5182
The Lytx safety system has many components with specific best practice uses, such as: 5183 FINAL AGREEMENT Page 158 of 192
5184 Fleet tracking – Identify vehicle locations in real-time for safety-related issues that 5185 may arise 5186 Safety protocol – Safety Managers and route supervisors will regularly review safety 5187 procedures with drivers and operators 5188 Real-time driver alerts – The Lytx safety system will prompt drivers each time they 5189 engage in risky behaviors and encourage them to improve their performance 5190 without managerial intervention. 5191 Ongoing coaching – Safety Managers will use fleet dash cams to evaluate incidents 5192 and use the video as a coaching tool to connect with drivers 5193 Incident avoidance – Share video footage with incident claimants and local law 5194 enforcement to validate that Burrtec drivers did not cause alleged damage 5195 5196 4) Load Fire Procedures 5197 5198 Unfortunately, fires in trash trucks are a common occurrence that 5199 put lives, equipment, and community property at risk. In 2019, 5200 Burrtec augmented its load fire procedures and submitted 5201 them to the San Bernardino County Fire Chief for review and 5202 approval. Today, Burrtec’s Load Fire procedure has been 5203 adopted by the San Bernardino County Fire Department as 5204 a recommended “Best Practice in the County." 5205 5206 Burrtec’s safety records and its programs for Fall Protection, 5207 Lockout/Tagout, Heat Illness, Hearing, and Respiratory Protection have been reviewed by 5208 Cal/OSHA and found to comply. 5209 5210 b. Physical, Drug, and Alcohol Testing Requirements 5211 5212 Burrtec's Human Resources Director manages pre-employment physicals, pre-employment 5213 drug testing, and random drug testing. We use local clinics in Santa Clarita, including 5214 Concentra on Soledad. 5215 5216 Burrtec complies with the U.S. Department of Transportation and Federal Motor Carrier Safety 5217 Administration (FMCSA) requirements to test under specific criteria, including the following: 5218 5219 An accident 5220 Perform reasonable suspicion testing as required 5221 Participate in a random testing program for drugs and alcohol with DOT and non-DOT 5222 personnel who drive company vehicles or are in safety-sensitive positions 5223 5224 c. Hazardous Waste Management Protocols 5225 5226 Inadvertently collected hazardous materials are a persistent problem facing the waste industry. 5227 If hazardous waste is found, the customer is notified using a non-collection notice as an 5228 education process for the customer and a safety measure for both driver and the City of Santa 5229 Clarita. Drivers are trained in identifying, and notification procedures to avoid the unintended 5230 collection of hazardous materials including unpermitted waste and e-waste. Vehicle cameras 5231 are used to assist drivers to spot hazardous materials while tipping carts whenever possible. 5232 5233 Burrtec Waste Industries’ Drivers, Route Supervisors, and Recycling Coordinators conduct 5234 routine and periodic waste audits and inspect containers before they are serviced. 5235 5236 Burrtec has successfully implemented the following system to address the disposal of 5237 unpermitted materials: 5238
FINAL AGREEMENT Page 159 of 192
5239
Driver training on identifying hazardous materials 5240 Continual education to the customers regarding the dangers of improperly disposing of 5241 hazardous materials 5242
Non-collection notices to be attached to a customer’s container indicating that 5243 hazardous materials have been identified in the container 5244 Informing residential customers of local household hazardous waste collection events 5245 and the City’s or County’s Hazardous Waste website and phone number. 5246 www.greensantaclarita.com or 661-259-CITY 5247
Labels notifying customers of the prohibition of discarding unpermitted waste in the solid 5248 waste, recyclables, or organic waste containers 5249
5250
In the event hazardous materials are found in the waste stream, Burrtec has established the 5251 following procedures: 5252
5253
Once the driver identifies a suspected hazardous waste 5254 situation, the local route supervisor is contacted to isolate the 5255 material or load 5256
The material will be manifested and transported for proper 5257 disposal by a licensed hazardous waste hauler contracted by 5258 Burrtec. Removal of hazardous material will be in accordance 5259 with all local, state, and federal laws and regulations, including 5260 DOT Title 49 CFR and the United States EPA Title 40 CFR 5261 The local Department of Environmental Health and Director of 5262 Public Works is contacted, and steps are taken to properly clean–up and dispose of the 5263 material. 5264
Investigative efforts are made to establish the source of the material and the 5265 generator(s) involved. When sources are identified, the customer is contacted as 5266 appropriate 5267
Appropriately label containers containing unpermitted waste 5268 5269
Burrtec staff will notify the City if unpermitted waste is identified or suspected to be located on 5270 public property. 5271
5272
d. Health and Safety Management Procedures 5273
5274
Every California employer must establish, implement and maintain a written Injury and Illness 5275 Prevention (IIP) Program. The program must be available at the Santa Clarita Division, each 5276 workplace, or central location if the employer has non-fixed worksites. The requirements for 5277 establishing, implementing, and maintaining an effective written injury and illness prevention 5278 program are in Title 8 of the California Code of Regulations, Section 3203 (T8 CCR 3203). 5279 5280
Burrtec has implemented a comprehensive Injury and Illness Prevention Program (IIPP). The 5281 program is designed to "PREVENT" workplace accidents, injuries and illnesses. Burrtec's Injury 5282 and Illness Prevention Program is complete with communication protocols, training 5283 requirements, and personal protective equipment standards. Burrtec promotes the safest and 5284 healthiest working environment possible for all employees. 5285 5286
1) Communication 5287
5288
Communication is critical to ensuring a safe environment for our employees, the 5289 communities, and customers. Burrtec recognizes that open, two-way communication 5290 between management and staff on health and safety issues, service concerns, and 5291 customer feedback is essential to an injury-free, productive workplace. The following 5292 communication system is designed to facilitate a continuous flow of safety and health 5293
FINAL AGREEMENT Page 160 of 192
information between management and staff in a manner that is readily understandable and 5294 consists of the following items: 5295
5296
New hire orientation including a discussion of safety and health policies and 5297 procedures 5298
Annual review of our Injury and Illness Prevention Program 5299 Workplace safety and health training programs 5300
• Driver Training Manual 5301
• Code of Safe Work Practices 5302
• Heat Illness Prevention Plan 5303
Regularly scheduled and as required safety meetings 5304 • Specific training as required or when new hazards are identified 5305 • Weekly tailgate meetings 5306
• Monthly safety meetings 5307
Effective communication of safety and health concerns between workers and 5308 supervisors, including translation 5309
• Safety quizzes when applicable 5310
• Safety demonstrations when applicable 5311
Posted or distributed safety information and the use of appropriate signage 5312 • Employee bulletin boards 5313
• Electronic message boards 5314
• Heat illness prevention cards 5315
• Lock Out/Tag Out information cards 5316
A system for workers to inform management about workplace hazards 5317 • Open communication during tailgates, meetings, and as needed with local 5318 management 5319
• Direct contact to the Human Resources department outside of the chain of 5320 command 5321
• During periodic site visits by Human Resources representatives 5322 • Open door policy at all levels of management, including local, regional, and 5323 executive 5324
• Safety suggestion box maintained at the facility 5325 • Anonymous reporting system 5326
Program administrators and management team members meet quarterly, review 5327 investigations of accidents and exposures, consider employee suggestions, and 5328 make suggestions to executive management to prevent future incidents. 5329 • Company Safety Accident Frequency Review program 5330 5331
Management ensures that all employees communicate and understand all safety and 5332 operational policies and procedures. Managers and supervisors are expected to enforce 5333 the company policies fairly and uniformly. Burrtec ensures that effective communication by 5334 voice, observation, or electronic means is maintained so employees can contact a 5335 supervisor when necessary. Other communication systems have been implemented to 5336 ensure drivers can inform management about workplace hazards or concerns. 5337 5338
2) Training 5339
5340
Burrtec is firmly committed to maintaining a safe and healthy work environment. To achieve 5341 this goal, all newly hired employees have specific, required training that must be 5342 completed. Training is verified and approved after each training phase and before the 5343 employee is released to perform assigned job duties. Working with the Safety Team, 5344 Division Managers have sole responsibility to ensure training is completed and there is 5345 zero-tolerance for employees assigned work without the required training. 5346 5347
FINAL AGREEMENT Page 161 of 192
Burrtec intends to reduce the risk of accident and injury to anyone by providing practical 5348 employee training. It is the employee's responsibility to utilize this training and perform their 5349 job safely. The employee clearly understands that safety ALWAYS comes first and 5350 EMPLOYEES are the most valuable asset at Burrtec. Therefore, there is NEVER a good 5351 reason to take a shortcut, compromise safety, or not follow safe work practices. 5352 5353
Phase I Training - Classroom 5354
5355
Initial new hire training for all staff members centers on orientation, health & safety, 5356 and familiarization with the company and its values. Set in the classroom 5357 environment, the initial training phase allows the supervisor, human resources 5358 representative, and senior management to focus on each newly hired employee 5359 individually. Each initiative is structured to promote two-way communication and 5360 includes safety topic quizzes to ensure objectives are understood. 5361 5362
Phase II Training – Practical Application 5363
5364
Drivers undergo additional training in the field and partner with seasoned drivers 5365 or driver trainers before being released to duty. Driver-specific training establishes 5366 weekly initiatives requiring verification, review, and certification confirming that 5367 objectives and performance standards are consistent with company expectations. 5368 The employee must successfully demonstrate each learning objective and perform 5369 the skills test. Practical application reviews are also performed during 5370 unannounced route observations. 5371
5372
Minimum 50 Hour Safety Training Certification 5373
5374
Read and Understands Concepts in the Handbook 5375
Can Explain Criteria for CDL Disqualification 5376
Can Explain Company Cell Phone Policy 5377
Can Explain the Proper Use of PPE 5378
Can Explain What To Do in an Emergency, Fire, Spill, or Hazardous Waste 5379 Observation 5380
Can Explain What To Do if There is an Accident or Injury 5381 Can Explain the Use of Vehicle Safety Equipment (Lytx Safety System, 5382 Backup Alarm, Fire Extinguisher, Spill Kit, Seat Belt) 5383 5384
Minimum 100 Hour Safety Training Certification 5385
5386
Demonstrates the Proper Use and Operation of Truck Controls 5387 Demonstrates the Proper Use and Operation of Hydraulic Controls 5388 Demonstrates How to Conduct a Proper Pre / Post Trip 5389 Demonstrates How to Complete a Proper Air Brake Test 5390 Demonstrates Proper Cab Cleaning and Window Washing Requirements 5391 5392
Minimum 150 Hour Safety Training Certification 5393
5394
Demonstrates How to Drive Defensively 5395
Demonstrates Safe Backing Procedures 5396
Demonstrates How to Lock Out the Vehicle Properly 5397 Demonstrates How to Clean the Packer per Procedure Properly 5398 Demonstrates How to Service Containers Safely 5399
Demonstrates Safe Disposal Site Practices 5400
Demonstrates How to Fuel the Vehicle Safely 5401
Successfully pass the Safe Work Practices skills test. 5402 5403
FINAL AGREEMENT Page 162 of 192
Phase III Training – Release to Regular Duty 5404 5405 During the first 60 days of full duty, the new employee will receive additional 5406 training and follow-up verifying proficiency in safety policies and practices. 5407 Additional training includes but is not limited to the following: 5408 5409 Attend a minimum of two safety meetings 5410 Attend a minimum of two tailgate meetings 5411 Successfully Completing One Pre Trip Driver Route Observation 5412 Successfully Completing One On Route Driver Route Observation 5413 Successfully Completing One In-Cab Driver Route Observation 5414 Successfully Completing One Disposal Site Driver Route Observation 5415 including Packer Cleaning Procedures 5416 Successfully Completing One Post Trip Driver Route Observation 5417 5418 Burrtec drivers are assigned routes for the long-term, and they quickly become 5419 familiar with their service areas. Burrtec often works with local agencies as a 5420 ‘Neighborhood Watch on Wheels.' Burrtec drivers become another set of eyes on 5421 the lookout for suspicious activity in this program. Over the years, Burrtec drivers 5422 have initiated several suspicious activity reports to local law enforcement agencies 5423 and provided vehicle camera footage to aid investigations. 5424 5425 3) Personal Protective Equipment 5426 5427 Burrtec's supplies, uniforms, driver identification, and safety devices are all standard-5428 issued equipment. Drivers are provided brooms, shovels, and liners in addition to Personal 5429 Protective Equipment (PPE). 5430 5431 The purpose of the Personal Protective Equipment 5432 (PPE) is to minimize injury to Burrtec employees 5433 through the proper use and care of personal protective 5434 equipment while servicing each customer. Employees 5435 receive the correct PPE for their assigned job, in the 5436 right size or style, and understand its care and use. 5437 Periodic job observations identify changing needs for 5438 the use of PPE. Changes that may affect the need or 5439 use of PPE may include changes in the process, 5440 equipment, personnel, surrounding environment, and 5441 how tasks are performed. When such changes are 5442 identified, Division Management, in cooperation with 5443 the Safety Department, further assesses the need for 5444 additional or updated PPE. 5445 5446 Burrtec takes great pride in the safety and appearance 5447 of its employees. The driver's appearance is the first 5448 personal contact with customers, leaving a lasting 5449 impression. Therefore, the driver's appearance and 5450 presentation are critical in maintaining good customer 5451 relations. Burrtec provides standardized uniforms to all 5452 operations employees, including route supervisors, 5453 drivers, mechanics, and yard personnel, to assist in this 5454 effort. Burrtec contracts with a professional uniform supply company to provide all 5455 operations personnel with clean uniforms every week. Dark gray pants and a light gray 5456 shirt with high visibility safety striping characterize uniforms. Each shirt is embroidered to 5457 include the company name and employee name. Uniforms are laundered weekly and 5458 repaired or replaced as necessary to maintain a professional appearance. 5459
FINAL AGREEMENT Page 163 of 192
5460
Each Division clearly defines all areas and tasks for which PPE is required. The type of 5461 PPE required is documented for each area and task associated with PPE use. PPE must 5462 be inspected prior to and as appropriate during each use for defects such as holes, tears, 5463 scratches, signs of material deterioration, cracks, poor closure, or any other sign of 5464 degradation which may affect PPE performance. PPE with defects is immediately removed 5465 from service, replaced, or repaired. Best Management Practices for each type of PPE 5466 utilized by employees is assessed and established by the Safety department. The following 5467 requirements apply to the various types of PPE listed below. 5468 5469
Hard hats are required when employees are outside of the vehicle at all transfer stations, 5470 disposal sites, and processing facilities, as well as construction sites. 5471 Hard hats are worn in areas where falling overhead objects, material, 5472 or electrical installations could present a hazard to employees' heads. 5473 Bump caps are not authorized substitutes for hard hats. 5474 5475
Protection against impact, particles, chemical splash, molten materials, 5476 or flash is provided to employees for face, neck, and eye safeguards. 5477 Contact lenses and regular prescription glasses are not considered 5478 protective, and appropriate eye protection must be worn as required. 5479 Eye protection is worn when employees are outside the vehicle at all 5480 transfer stations, disposal sites, processing facilities, and entering any 5481 area designated for Eye Protection. 5482
5483
Hand protection must be worn when servicing containers or outside 5484 of the vehicle at all transfer stations, disposal sites, or processing 5485 facilities. A variety of gloves are available to protect the employee’s 5486 hands from abrasion, temperature extremes, chemical hazards, 5487 physical hazards, particulates, electrical hazards, radiation, or 5488 bloodborne pathogens where necessary. Gloves are correctly 5489 examined prior to each use for their ability to protect the employee 5490 against a particular hazard. 5491
5492
Each uniform contains the company and employee name for 5493 identification. High visibility (reflective) clothing is provided to 5494 employees exposed to public or private vehicular traffic or heavy 5495 equipment. The high visibility clothing is intended to provide 5496 conspicuity of the wearer in any light condition when viewed by 5497 operators of vehicles or other mechanized equipment during 5498 daylight conditions and under illumination of headlights in the dark. 5499 When the company-issued high visibility uniform shirt is covered by 5500 a non-high visibility garment (i.e., a sweatshirt or jacket), a high 5501 visibility vest is required as the outer-most garment. High visibility 5502 clothing must be worn outside the vehicle at transfer stations, 5503 disposal sites, or processing facilities. Reflective vests are provided to Santa Clarita drivers 5504 as temperatures can vary 30 to 40 degrees in a single day. The reflective vests issued fit 5505 over employee jackets to ensure visibility. 5506
FINAL AGREEMENT Page 164 of 192
5507 Foot protection with closed toes is worn in areas where objects could 5508 present a chemical or physical hazard to the foot. Any employee who 5509 spends time in areas (more than a "casual" walk-through) that require 5510 foot protection must wear safety shoes. Drivers and helpers must wear 5511 foot protection/safety shoes that have puncture-resistant soles and 5512 sturdy support for ankles. Maintenance staff must wear foot 5513 protection/safety shoes that meet the ANSI 75 Standards as approved 5514 by Cal OSHA. Foot protection must have oil-resistant soles and steel 5515 toe/tech toe. Foot protection must be worn outside the vehicle at 5516 transfer stations, disposal sites, or processing facilities. 5517 5518 During normal operations, drivers are most often exposed to noise 5519 levels below safety thresholds. Maintenance department noise 5520 exposure is considered intermittent and impulsive, which, in most 5521 cases, can be predetermined, allowing employees to take 5522 precautions prior to engaging in the action (e.g., when a shop 5523 employee engages a compressor, earplugs can be used prior to 5524 engagement). Earplugs are available and used during intermittent 5525 and impulsive noise exposures. 5526 5527 During the Santa Clarita summer it can be over 100 degrees for several 5528 consecutive days. Water is a crucial preventative measure to minimize 5529 the risk of heat-related illness. All employees working outdoors have 5530 access to potable drinking water. Suppose the supply of water to the 5531 Jobsite is not plumbed or otherwise continuously supplied. In that case, 5532 water is provided in sufficient quantity at the beginning of the work shift 5533 to ensure at least one quart per employee per hour for drinking 5534 throughout an entire shift. Santa Clarita dispatchers communicate with 5535 drivers every 2 hours to avoid heat related emergencies. 5536 5537 PPE and PPE storage bags are provided to each employee to 5538 ensure that PPE is stored and protected from factors that might 5539 degrade its performance. These factors include sunlight, heat, 5540 extreme cold, excessive moisture, chemicals, dust, and physical 5541 distortion. It is the employee's responsibility to maintain and store 5542 their PPE correctly. Replacements are provided if the PPE 5543 becomes damaged or has reached its useful life. Each PPE bag 5544 has information tags with high heat, lock out/tag out, and brake 5545 inspections reminder checklists. 5546 5547 6. Reporting 5548 5549 a. Detailed monitoring and reporting 5550 5551 Burrtec will collaborate with the City to maintain records and distribute reports required to 5552 demonstrate City and State compliance directives. Burrtec will assist the City of Santa Clarita 5553 in documenting SB 1383 and other related legislative requirements using the Recyclist 5554 platform. Burrtec's mobile Recyclist platform and database allow users to track qualified 5555 customers, edible food generators (as applicable), food recovery organizations and services, 5556 material processing waste characterizations, educational and outreach activities conducted, 5557 route audit results compiled, complaints investigated, and recycled organic material products 5558 procured. Burrtec's platform will enable the City of Santa Clarita to export information from the 5559 database into the State’s Electronic Annual Report (EAR) format, which now includes SB 1383 5560 compliance. Designated City staff will have “real-time” access to monitor activities and 5561
FINAL AGREEMENT Page 165 of 192
compliance as they occur. Reports will be transmitted to the City designee electronically as 5562 required. 5563
5564
b. Method Used to Track Tonnage 5565
5566
To supplement SB 1383 compliance monitoring and reporting requirements, Burrtec's Disposal 5567 Reporting System identifies, records, and tracks valuable solid waste, recyclables, and organic 5568 materials collection and disposal information. This Disposal Reporting System allows Burrtec 5569 to provide the jurisdictions with accurate and up-to-date information required to meet all AB 5570 939, AB 341, AB 1594, AB 1826, SB 1383 and landfill-related reporting requirements. 5571 Information submitted to the City is formatted and categorized to reflect the State's Source 5572 Reduction and Recycling Element guidelines and indicates the City's percentage of diverted 5573 materials. 5574
5575
5576 5577
c. Process for Reporting Complaints 5578
5579
Customer service representatives document complaint calls in the Customer Record 5580 Management System. Management team members review daily complaint logs ensuring 5581 appropriate resolution and follow-up. Burrtec will coordinate with the City to investigate any 5582 applicable complaints required by SB 1383 regulations. Burrtec's local management team 5583 maintains a computer database log of all applicable oral and written complaints received from 5584 customers or other persons. Complaint records will be provided to the City for periodic review 5585 as required. 5586
5587
7. Scavenging 5588
5589
Burrtec drivers are assigned routes for the long-term, and they quickly become familiar with their 5590 service areas. Burrtec often works with City staff and local agencies as a ‘Neighborhood Watch on 5591 Wheels.' Burrtec drivers become another set of eyes on the lookout for suspicious activity and 5592 scavenging in this program. Burrtec will make reasonable business efforts to discourage 5593 scavenging. Containers may be marked with language approved by the City and personnel will 5594 advise persons witnessed removing recyclable materials that their conduct is in violation of the City 5595 ordinance and can lead to penalties. Scavenging encounters will be documented and made 5596 available to the City upon request. 5597
5598
5599
5600
FINAL AGREEMENT Page 166 of 192
Exhibit 9 5601
City-Approved Processing and Disposal Facilities 5602
The City has approved the following Disposal Facilities, Organic Waste Processing Facilities, Material 5603 Recycling Facilities, and Transfer Stations to manage the specified services and otherwise assist the 5604 Contractor in the performance of the requirements of the Agreement. The Maximum Services Rates in 5605 Exhibit 1 assume all material is delivered to the approved facility. Any City-directed changes to any other 5606 non-approved facility will be considered a City-directed change in accordance with Section 30.01. The 5607 capabilities and capacities of such facilities may change during the term of this Agreement; as such City 5608 reserves the right to redirect materials to alternate facilities in accordance with any such changes. If the 5609 Contractor requests to utilize another permitted facility, it shall be done at the Contractor’s cost, unless the 5610 parameters of Article 6, section 6.07, apply. The City must receive prior notification and approve any 5611 change in facilities. 5612
Disposal Facility 5613
Approved City Facilities
SWIS
Number Site Name County
Enforcement Agency
(LEA/EA)
19-AA-0052 Chiquita Canyon Sanitary Landfill Los Angeles Los Angeles County 5614
Transfer and Processing Facilities 5615
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 5616 Street, consistent with the existing agreement between the City of Santa Clarita and RANDFAM INC. 5617 (d.b.a., Rent-a-Bin), the City reserves the right to direct the flow of organic material to this location for 5618 processing in compliance with the requirements of SB 1383. 5619 5620
FINAL AGREEMENT Page 167 of 192
Exhibit 10 5621
Sustainability and Compliance Plan 5622
1. The Burrtec Approach to Programs and Facility Requirements 5623 5624
Burrtec’s approach to diversion programs and facility development is the right fit for the City of 5625 Santa Clarita, based on knowledge and familiarity with the City’s waste stream, and guided by four 5626 principles: 5627
5628
Employ Best Management Practices 5629
Conform to State guidelines and directions 5630
Think local 5631
Partner with regulatory agencies 5632
5633
a) Best Management Practices 5634
5635
Burrtec’s approach to collecting solid waste materials, processing recyclable materials and 5636 organic materials, and disposing of non-recyclable solid waste follow the industry’s proven 5637 Best Management Practices, meaning the practices that nationwide are determined to be the 5638 most effective and the most practical from technological, economic, environmental, and 5639 sociological viewpoints. 5640
5641
From the alternatives available (multi-stream recycling, single-stream recycling, and mixed-5642 waste processing), Burrtec has invested in the Single Stream processing approach for the 5643 following reasons: 5644
5645
The single-stream approach is the industry’s and CalRecycle’s Best Management 5646 Practice 5647
Waste generators are engaged in helping reach the goal because they make decisions 5648 daily about what to recycle and what to dispose of 5649 Waste generators do not need to make the secondary sorting decisions and store the 5650 multiple containers needed for individual commodities that the multi-stream recycling 5651 approach requires 5652
Collection of single-stream materials is more efficient and economical than with the 5653 multi-stream approach 5654
The feedstock quality for materials recovered at the source is far superior to that 5655 recovered from mixed-waste processing 5656
5657
b) State Guidelines 5658
5659
Burrtec’s approach is fully compatible with statewide 75 percent diversion goals, which focus 5660 on four components: edible food recovery, source reduction, recycling, and organic waste 5661 material processing. Disposal–related activities like alternative daily cover, transformation, 5662 waste tire-derived fuel, and beneficial reuse at landfill disposal sites do not count toward the 5663 statewide recycling goal. 5664
5665
c) Think Local 5666
5667
Transporting recyclable and organic materials long distances for processing tips the 5668 greenhouse gas scale in the unfavorable direction when the GHGs of long-haul transportation 5669 are included in the formula. For this reason, Burrtec has focused its efforts on facilities such 5670 as Rent-a-Bin located in and near the Santa Clarita Valley communities that it serves. 5671 5672
FINAL AGREEMENT Page 168 of 192
d) Partnership; Standards Development and Education 5673 5674 Burrtec contributes to defining Best Management Practices for Southern California by being 5675 actively involved with State and Regional government. 5676 5677 CalRecycle, San Bernardino and Riverside Counties’ Local Enforcement Agencies and 5678 local jurisdictions regularly use Burrtec’s West Valley Material Recovery Facility for 5679 training workshops and public education purposes 5680 Burrtec has hosted an SCAQMD study of air emissions at its West Valley MRF 5681 composting facility for the purpose of developing compost facility air quality standards 5682 CalRecycle features Burrtec’s SB 1383 Municipal Program Overview as an educational 5683 tool on their SB 1383 Short-Lived Climate Pollutant website. 5684 https://www.calrecycle.ca.gov/Organics/SLCP/education 5685 5686 Burrtec senior management are actively engaged with Local Enforcement Agencies and 5687 CalRecycle in the development of regulatory standards for siting, permitting, and operating 5688 organics processing facilities. 5689 5690 2. Meeting Diversion Requirements 5691 5692 The planned three container residential and three-plus container commercial source-separated 5693 diversion programs will be new to some residents and businesses of Santa Clarita. Consequently, 5694 it will take them some time to develop new habits. The SB 1383 added requirement for residential, 5695 mixed organic waste recycling places responsibilities upon jurisdictions to enforce compliance. 5696 Local enforcement of the adopted ordinances will be critical to the success of diversion programs. 5697 Burrtec will begin outreach and waste assessments with commercial and residential customers well 5698 before the Franchise Agreement start date. Per the draft Franchise Agreement for solid waste 5699 collected in the City of Santa Clarita, Burrtec proposes achieving the recycling requirements 5700 outlined in the Agreement. However, Burrtec proposes an alternative diversion calculation 5701 methodology that assures consistency with current and future CalRecycle requirements as further 5702 explained in the exceptions section. 5703 5704 For Agreement Years 2023 and 2024, the minimum annual Franchised Diversion Rate requirement 5705 will be forty percent (40%), and CalRecycle Diversion standards will be fifty-five percent (55%). 5706 5707 For Agreement Years 2025 and 2026, the minimum annual Franchised Diversion Rate requirement 5708 will be forty-five percent (45%), and CalRecycle Diversion standards will be sixty percent (60%). 5709 5710 For Agreement Years 2027 and 2028, the minimum annual Franchised Diversion rate requirement 5711 will be fifty percent (50%), and CalRecycle Diversion standards will be sixty-five percent (65%). 5712 5713
FINAL AGREEMENT Page 169 of 192
For Agreement Years 2029 and 2030 and each Calendar Year thereafter, during the Agreement 5714 term, the minimum annual Franchised Diversion rate will be fifty-five percent (55%), and 5715 CalRecycle Diversion standards will be seventy percent (70%). 5716 5717
For Agreement Years 2031 and each Calendar Year thereafter, during the Agreement term, the 5718 minimum annual Franchised Diversion rate will be sixty percent (60%), and CalRecycle Diversion 5719 standards will be seventy-five percent (75%). 5720
5721
Burrtec’s proposed Diversion Plan is contingent upon each of the following: 5722 5723
• During the entire term of the Agreement, the City shall employ good faith efforts in 5724 performing AB 341, AB 1826, and SB 1383 compliance enforcement 5725 • Burrtec shall be allowed to count Self-Haul and Third-Party tonnage diverted as part of the 5726 Franchised Diversion Rate Calculation for tons of material handled in a manner that counts 5727 as diversion from all accounts receiving refuse collection service from Burrtec as outlined 5728 the Draft Agreement 5729
• Burrtec shall be allowed to count the City of Santa Clarita’s edible food tonnage diverted as 5730 part of the Franchised Diversion Rate Calculation for tons of material handled in a manner 5731 that counts as diversion from all accounts receiving refuse collection service from Burrtec 5732 5733
3. Diversion Programs 5734
5735
Burrtec has always been at the forefront of material processing and landfill diversion efforts. We 5736 take pride in our environmental stewardship and in partnering with our customers and 5737 communities to achieve sustainability goals. 5738
5739
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 170 of 192
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 5740 4. Diversion Facilities 5741 5742 a. Rent-a-Bin (Conservation Station) 5743 20745 Santa Clara Street, Santa Clarita, CA 91766 5744 Owner/Operator: Randfam, Inc. 5745 5746 Burrtec will eventually deliver blue cart recycling and green cart organics, per the City’s request, 5747 to Rent-a-Bin (tpd to be determined) processing facility. Until the permitting and construction 5748 has been completed, Burrtec will utilize Sun Valley Paper Stock. 5749 5750 b. Sun Valley Paper Stock 5751 8701 San Fernando Road, Sun Valley, CA 91352 5752 Owner/Operator: Sun Valley Paper Stock TS and MRF 5753 5754 5755 5756 Burrtec will deliver green container organic source-separated material to the 1250 tpd Sun 5757 Valley Paper Stock Large Volume Transfer Station. SVPS will be used as a contingency for 5758 organic waste material transfer during construction and permitting at the Rent-a-Bin facility. 5759 5760
FINAL AGREEMENT Page 171 of 192
5. Program Schedule 5761
5762
With the approval of the City, Burrtec will do the following prior to the actual Franchise Agreement 5763 start date: 5764
5765
Inform and educate customers on the full range of all services offered, including container 5766 exchange and cleaning, annual events schedule, and container utilization protocols 5767 Advise customers on selecting container sizes to maximize diversion and the potential 5768 cost benefits of increased diversion 5769
Education requirements established in SB 1383 regulations not already completed by the 5770 City 5771
Provide customers with a comprehensive list of acceptable and non-acceptable items for 5772 each container 5773
Recyclable Materials include but are not limited to: 5774 5775
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
5776
Organic Materials include but are not limited to: 5777 5778
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
5779
While program implementation, education, and outreach efforts work simultaneously throughout 5780 the year, key tasks for the first year of service will be realized in the quarters below. 5781 5782
5783
5784
FINAL AGREEMENT Page 172 of 192
a. First Quarter 5785
5786
Begin meetings with key City staff monthly to review, at a minimum, program 5787 performance, current and anticipated activities, specific outreach performed to promote 5788 high participation in diversion programs, the ability for customers to change service 5789 levels, awareness of additional services, approve methods to monitor contamination, and 5790 customer messaging on diversion programs 5791
Educate City staff and customers on relevant legislative requirements and provide 5792 recommendations to City facilities on increasing recycling participation and decreasing 5793 contamination 5794
Develop and distribute public education and outreach material for all customers 5795 Sustainability/compliance representative(s) begin site visits and provide public education 5796 and outreach to customers supporting diversion requirements 5797 5798
b. Second Quarter 5799
5800
Waste evaluations and route reviews for customers and at City facilities 5801 Educate City staff on proper container utilization techniques, source reduction, and 5802 prohibiting contamination 5803
Collaborate with education agencies on Earth Day activities, legislative requirements, 5804 container utilization techniques, and prohibiting contaminants 5805 5806
c. Third Quarter 5807
5808
Focus on right-sizing container services at businesses and multi-family facilities based 5809 on a compliance review and results from route reviews conducted 5810 Provide the City with Burrtec’s Sustainability and Compliance plan for the upcoming year 5811 detailing measures intended to increase participation and diversion, target “problem” 5812 areas, and outline planned education and outreach activities 5813 Implement the school education and outreach program at the start of the fall semester. 5814 The program will include but is not limited to school resources, kid's activities, flyers, and 5815 onsite outreach. School programs are tailored to the appropriate education level and the 5816 audience receiving the information 5817
Annual reporting compilation and submittal 5818
5819
d. Fourth Quarter 5820
5821
Tier 2 customer identification, education, and outreach activities in preparation of edible 5822 food recovery expansion of generators set to begin in 2024 5823 Holiday messaging and collection activities 5824
Compliance monitoring plan for the upcoming year, including onsite training for service 5825 recipients 5826
Annual services notice informative brochure development in preparation for annual 5827 distribution 5828
5829
Subsequent years will follow similar formats and will include implementing targeted program 5830 changes, education, and outreach efforts tailored to support diversion requirements based on the 5831 results found in the fieldwork completed. Program modifications and additional education and 5832 outreach activities will first be approved by the City prior to implementation and conform to SB 1383 5833 regulation requirements. 5834
5835
Understanding that a full complement of on-going education, outreach, and evaluation activities will 5836 be required to achieve the diversion goals outlined in the RFP. The diversion plan schedule below 5837 identifies key milestones completed annually that will support Burrtec’s efforts in attaining the City’s 5838 FINAL AGREEMENT Page 173 of 192
waste diversion goals. Significant attention to potential additional program development and 5839 outreach may be necessary to reach the Franchised Diversion Rate of 60% by 2031. 5840 5841
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 174 of 192
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%
5842
6. Estimated Tonnages 5843
5844
The below table segregated by SFD, MFD, Commercial, and Additional Services estimates 5845 tonnages for Recyclable and Organic Material delivered and processed, and the estimated residual 5846 tonnages for each agreement year to calculate the Franchise Diversion Rate beginning July 1, 5847 2023: 5848
5849
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%
5850
7. Contamination Minimization 5851
5852
Contamination of recycling and organic containers negatively impacts the entire recycling system. 5853 The container contamination minimization program is a vital component directly influencing 5854 processing and residue disposal costs. Burrtec will include education pieces aimed at minimizing 5855 contamination in the outreach program. The results of the waste audits and ongoing compliance 5856 reports will be provided to the City and consist of the following elements: 5857 5858
a. Compliance Review 5859
5860
A desktop audit of generators with more than two (2) cubic yards of total solid waste per week 5861 will be scheduled and completed annually. The audit will determine the generator's 5862 participation status in organic waste recycling programs and allow focused education and 5863 outreach efforts toward entities not subscribed to appropriate service levels. 5864 5865
b. Contamination Monitoring Plan 5866
5867
Burrtec has developed a comprehensive plan to adhere to the requirements outlined in SB 5868 1383. This plan utilizes trained Burrtec professionals who are experienced with equipment in 5869 the field, auditing multiple jurisdictions, and familiar with our work order system and the 5870 processes required to resolve exceptions noted while working to accomplish the goals outlined 5871 in the Agreement. Burrtec will conduct onsite waste audits and provide written summary 5872 FINAL AGREEMENT Page 175 of 192
reports for all service recipients at least once per year for the first three (3) years of the term. 5873 Thereafter, onsite waste audits will be conducted on a minimum of fifty percent (50%) of 5874 commercial service recipients, with the primary focus on those service recipients with the 5875 lowest program participation or diversion. 5876
5877
c. Route Reviews 5878
5879
Targeted route reviews will be conducted over multiple weeks to support drivers' daily 5880 contamination monitoring activities with multiple personnel. This will allow our auditors to 5881 physically observe required commercial customer's recycling and organic waste containers 5882 annually. Each auditor will undergo a series of training activities in preparation for the route 5883 review. These training activities will include a review of containers utilized, familiarization with 5884 route maps and franchise boundaries, a review of acceptable and unacceptable materials for 5885 each type of container, and training on recording data in the field. Members of the management 5886 team will conduct practice audits, data processing, and contamination noticing for exceptions 5887 identified prior to auditors being deployed in the field to ensure a successful, accurate, and 5888 timely route review. 5889
5890
d. Waste Evaluations 5891
5892
Mindful of the initial impact of residents witnessing auditors evaluate their containers for 5893 prohibited contaminants curbside, Burrtec proposes initially utilizing waste evaluation 5894 processes authorized by SB 1383 for residential sectors. Each evaluation will undergo a series 5895 of sample collections based on the size of the route studied. Contamination data discovered 5896 during the evaluation is documented and photographed. Contamination notices are sent to the 5897 entire route studied, identifying prohibited container contaminates discovered, reminding 5898 residents of proper container utilization techniques, and providing additional information on 5899 source reduction techniques. Drivers witnessing gross contamination or unpermitted waste will 5900 still follow contamination-noticing protocols during the waste evaluation process. Targeted 5901 route reviews follow for areas found to be over allowable contamination standards. 5902 5903
e. Contamination Noticing and Adequate Service Levels 5904 5905
Auditors and drivers will be equipped with technological aids to document observations in real-5906 time while on the route and minimize data transfer errors. Each auditor will follow route lists 5907 designed explicitly for this project, which will detail customer account information in such a way 5908 as to allow auditors to capture multiple material commodities in a single visit to the customer's 5909 location on a scheduled service day. The Recycling containers shall be considered 5910 contaminated if it contains more than 10% percent Non-Recyclable material by weight or 5911 volume. The Organic Waste containers shall be considered contaminated if it contains more 5912 than 3% percent Non-Organic Waste material by weight or volume. Initial contamination 5913 percentages were consistent with requirements outlined in SB 1383 for diversion of recyclables 5914 and incompatible materials respectively and subject to more stringent standards should route 5915 review results dictate. 5916
5917
Completed audited data is downloaded nightly and reviewed by the management team. An 5918 exception list for customers with inadequate service levels will be generated from the data. It 5919 will be provided to applicable personnel to process and coordinate follow-up onsite 5920 consultations. Container exception-based work orders for identified damage or graffiti will be 5921 created for the operations team to remedy timely or on a customer’s future service day based 5922 on the auditor’s findings. 5923
5924
Findings of container contaminants greater than the percentage of the container contents 5925 allowed will initially result in a "tag" or warning placed on the container, and the generator will 5926 be provided with educational materials detailing material placement expectations and 5927 FINAL AGREEMENT Page 176 of 192
directions outlining how to remedy the conditions found by the driver or auditor. A progressive 5928 list of warnings may be used as follows: 5929
5930
All Single Family, Multifamily, Mixed Use and Commercial Recipients 5931 5932
1st & 2nd Incident Within One Calendar Year - Upon finding container contaminants, the driver 5933 or auditor may photograph contamination. A written notice will be provided to the customer, 5934 including properly separating materials left on the container. A secondary notice will be 5935 provided through direct contact, mailed, or electronically sent. Secondary notifications will 5936 indicate contamination fees assessed for the third and subsequent notifications, and that cart 5937 sizes and quantities may be adjusted. Documentation of contamination occurrences will be 5938 digitally maintained. 5939
5940
3rd or Subsequent Incident Within One Calendar Year- Notifications will be considered 5941 Contamination Violation Notices and include digital documentation. Burrtec will provide a 5942 written notice, including photographs, collect the contaminated container, and charge the 5943 customer a contamination fee. The City will be notified within five business days if container 5944 sizes are increased or the customer has a contamination surcharge imposed. 5945 5946
f. Route Reviews & Waste Evaluations 5947
5948
Burrtec will conduct annual route reviews of commercial businesses and waste evaluations for 5949 residential customers to verify commercial and residential generators' compliance with organic 5950 waste generator requirements outlined in the Contamination Monitoring Plan section. Burrtec 5951 will ideally follow the standard three and four container route review and waste evaluation audit 5952 process shown below; however, an overview of SB 1383 requirements for each type of 5953 container system is located on the following page for reference. 5954 5955
5956 5957
FINAL AGREEMENT Page 177 of 192
5958 5959
g. Route Review Efficiency 5960
5961
Where possible and as approved by the City, Burrtec will attempt to reduce cost impacts and 5962 minimize additional labor necessary to comply with contamination monitoring requirements. 5963 Operational activities will be customized to facilitate regulatory review requirements by 5964 capitalizing on existing programs and Burrtec's material recovery facilities. 5965 5966
8. Air Emission Reduction 5967
5968
Organic waste diversion offers many environmental benefits. Burrtec facility's organic 5969 management program is designed to utilize the most effective technologies to reduce greenhouse 5970 gas emissions, generate renewable energy, and reduce the use of chemical fertilizers in agriculture. 5971 Burrtec has fully embraced SB 1383's intention to mitigate the effects of climate change by 5972 producing high-quality soil amendments for agriculture and farming as well as organic slurries used 5973 in anaerobic digesters. 5974
5975
The Burrtec West Valley Material Recovery Facility compost operation uses covered aerated static 5976 piles to aerobically decompose organics into useable compost, significantly reducing odors, bio-5977 aerosols, and particulate matter emissions. The incoming feedstock of green and food material is 5978 received, contamination removed, and material ground in the receiving area. The mixture is piled 5979 into windrows and covered atop a controlled aerated system. Temperature and oxygen probes 5980 monitor the decomposition process as air is blown through the composting pile and passes a bio-5981 filter. Once the retention time in the system has passed, and pathogen reduction requirements 5982 consistent with 14 CCR 17868.3 met, the material is moved to open curing piles for 30 to 60 days 5983 prior to shipment. 5984
5985
FINAL AGREEMENT Page 178 of 192
5986 5987
9. Reducing Wear and Tear on City Streets 5988
5989
Appropriately sized enclosures, containers, and service frequency assist in maximizing collection 5990 efficiency, driver safety, and reducing wear and tear on City streets by limiting the number of times 5991 vehicles enter the premises each week. Coupled with the Lytx Safety System and GPS technology, 5992 the number of vehicles and routes required for service is significantly reduced, eliminating 5993 unnecessary wear and tear on City streets. The routing optimization plan will also reduce wear 5994 and tear on the City’s streets by maximizing collection times during non-peak traffic. 5995 5996
10. Environmental Stewardship 5997
5998
Burrtec continues developing and implementing programs at its facilities with positive 5999 environmental impacts. 6000
6001
a. Water and Power Conservation 6002
6003
• Vehicles operating under compressed natural gas (CNG) fuel systems are powered by 6004 renewable natural gas (RNG) produced at dairies and landfills. This process reduces the 6005 demand for natural resources and reuses organic waste to power the collection fleet 6006 • Burrtec has installed four (4) compressed natural gas and three (3) liquefied natural gas 6007 systems to fuel alternative-powered vehicles at hauling divisions. One such compressed 6008 natural gas fueling station is located in the City of Santa Clarita at Burrtec’s local hauling 6009 facility. Onsite fueling limits wear and tear on City streets, reduces driver hours, and 6010 minimizes lines at fueling stations for the public 6011 • Onsite time-fill RNG fuel stations allow a fleet to fill overnight during off-peak hours. Off-6012 peak hours are times when the energy grid has excess electrical generation. Time-fill 6013 increases the efficiency of refueling. In addition, time-fill stations ensure that compressors 6014 only start and stop one time per day, reducing maintenance and extending the life of the 6015 equipment 6016
• A percentage of Burrtec’s collected organic waste is converted to renewable natural gas 6017 by anaerobic digestion processes at the Los Angeles Sanitation District, San Bernardino 6018 BioDigester, and the City of Riverside Water Quality Control Plant. Burrtec intends to 6019 utilize renewable natural gas to fuel collection vehicles operating throughout Los Angeles 6020 and San Bernardino Counties 6021
• Burrtec’s network of organic waste processing facilities recover wood and brushy green 6022 waste for use as a renewable biomass fuel. This material is used as a fuel source for 6023 energy generation. This “green” fuel is burned in boilers to make steam that in turn powers 6024 a turbine to generate electricity. Burrtec’s network supplies regional local manufacturing 6025 operations with this biomass fuel based on their operational needs 6026 • Wood chips from Burrtec’s organic waste processing operations are used to enhance 6027 water reduction and conservation. In addition, processed organic materials are also used 6028 for erosion control which assists stormwater pollution prevention best management 6029 practices 6030
• Native drought tolerant plants and automated sprinkler systems are installed at Burrtec 6031 facilities 6032
FINAL AGREEMENT Page 179 of 192
• Facilities utilize energy-efficient lighting in offices, shop, and general work areas when 6033 possible 6034
• Lighting controls in parking lots and common areas are automated via a timer system and 6035 adjusted as needed 6036
• In order to conserve electricity, most offices have motion sensors to turn lights off when 6037 offices are unoccupied 6038
6039
b. Waste Reduction and Reuse 6040
6041
• Mattress recycling is not a BLUE container program but nonetheless is a vital diversion 6042 opportunity worthy of mention. Burrtec participates in California's mattress stewardship 6043 program in which the sale of each mattress includes a fee to support mattress recycling 6044 • Commonly referred to as Styrofoam, white expanded polystyrene foam (“EPS”) is used in 6045 clamshell-type food containers, coffee cups, and packaging material in the form of sheets, 6046 blocks, and 'peanuts'. These items may be identified by the #6 recycling symbol. Burrtec 6047 uses a densifier to consolidate polystyrene foam efficiently. In the process, the foam is 6048 crushed and shredded into small particles that are thermochemically heated and extruded 6049 into dense ingots 1/90th their original volume. The palletized polystyrene ingots are 6050 shipped to businesses in California that remanufacture the foam into a variety of consumer 6051 goods ranging from picture frames to green building materials and nursery plant 6052 containers. 6053
• Waste to energy conversion technologies are utilized to further divert material from the 6054 landfill and to produce useful energy that is delivered to the regional power supply 6055 network. Residue materials from the recyclable materials processed are transported to 6056 fully permitted waste to energy facilities. The conversion/transformation credit ranges 6057 from 70% to 90% diversion with recent averages closer to 80%. Additionally, the ash from 6058 the incineration process is used to generate road base material for use in constructing 6059 landfill roads 6060
• Food waste recycling programs are in place in employee kitchen areas where regional 6061 organics processing outlets are available 6062
• Burrtec's management team members meet to review company sustainability programs, 6063 evaluate the performance of their employee's participation in programs, and develop new 6064 programs. 6065
• Facility commingled recycling program. All offices utilize a two-bin system for recyclable 6066 and non-recyclable materials. All recyclables are recovered and recycled 6067 • The Company provides reusable drinking cups 6068
• Replaced individual drinking water bottles with water dispensing systems 6069 6070
c. Procurement 6071
6072
• Procurement of waste and recycling office containers, office supplies, promotional items, 6073 etc., is based partly on recycled content 6074
• Ink cartridges are returned to manufacture for recycling 6075 • All damaged automated carts are recycled, and all-new cart purchases have recycled 6076 content 6077
• Procurement of compost or mulch materials in sufficient quantities to assist the City in 6078 meeting SB 1383 requirements. Mulch delivery can be provided in lieu of compost if the 6079 City has an enforceable mechanism or ordinance in place per 14 CCR 18993.1(f) ensuring 6080 proper renewable organic recovery requirements are met. This program will further 6081 promote viable alternatives as best use options for processed green waste and organic 6082 materials 6083
6084
d. Other 6085
6086
• Burrtec has developed a vehicle maintenance program that maximizes the efficiency of 6087 our fleet and minimizes our environmental impact. Using Amsoil synthetic lubricants and 6088 FINAL AGREEMENT Page 180 of 192
high-efficiency filtration products, we have reduced our fleet’s oil consumption by over 6089 60% and our lubricants by more than 50%. Benefits of Amsoil include 6090 Reduced emissions 6091
Increased fuel efficiency 6092
Longer lasting fleet 6093
Reduced dependence on foreign oil and petroleum-based products 6094 • Used oils, fluids, and filters from all vehicles are collected and processed for reuse 6095 • Tire recycling program. Worn tires are inspected for DOT compliance and re-treaded, 6096 when possible, to reduce the use of virgin materials 6097 • E-waste and Battery recycling programs are in place at Burrtec facilities and offices 6098 • Metal scrap from maintenance shop truck body repairs is recycled 6099 6100
These practices will continue with implementing the exclusive franchise agreements awarded 6101 by the City of Santa Clarita. New and/or updated practices will be incorporated into our 6102 operations as program alternatives become practical. 6103 6104
11. Use of Local Vendors 6105
6106
In addition to the City resources required to operate Burrtec’s Santa Clarita Hauling Division located 6107 at 26000 Springbrook Avenue #101, Burrtec utilizes the following local vendors: 6108 6109
Truck and equipment related vendors such as truck repair, electrical, plumbing, pest control, 6110 & vehicle washing 6111
Firms such as legal counsel, public relations, media advertising 6112 Landfill - Chiquita Canyon 6113
Recycling Processor - Rent-a-Bin 6114
Participation in the Santa Clarita Valley Chamber of Commerce, VIA and KHTS activities 6115 6116
Nearly 15% of the employees working in the Santa Clarita Hauling Division call the City of Santa 6117 Clarita home, including its division manager. Santa Clarita residents' use of local vendors, in 6118 addition to the fifty-five (55+) employees currently working daily at the Santa Clarita Hauling 6119 division, for nearly two decades, make it difficult to quantify but an essential part of the City's local 6120 economy. 6121
6122
12. Innovative “Green Approach” 6123
6124
a. Electric Collection Vehicle Technology 6125
6126
Burrtec is pleased to offer an electric-powered collection vehicle for full-time operation in the 6127 City of Santa Clarita to demonstrate the next generation of cleaner collection vehicles. This 6128 enhancement comes at no additional cost to ratepayers or the City. 6129 6130
Burrtec has been closely following the development of electric-powered collection vehicles and 6131 has concluded that the technology is 'route-ready' under the right circumstances. Electric-6132 powered trucks will provide cleaner, healthier air will be quieter in neighborhoods, and power 6133 requirements will be met partly from renewable resources (estimated at 30+% and increasing 6134 each year). 6135
6136
Burrtec has ordered six electric-powered collection vehicles from Autocar for delivery in 2022. 6137 The Autocar ACX chassis will be powered by BLUE Horizon 14Xe ePowertrain supplied by 6138 Meritor, Inc. from its North Carolina production facilities. 6139 FINAL AGREEMENT Page 181 of 192
6140 Burrtec will commit one of these new EVs full-6141 time to a Santa Clarita residential recycling route 6142 to demonstrate to the residents and businesses 6143 of Santa Clarita that the City and Burrtec are 6144 committed to enhancing our environment. 6145 Schematic Drawing of BLUE Horizon 14Xe 6146 ePowertrain by Meritor, Inc. 6147 b. Innovative Facilities 6148 6149 Burrtec takes great pride in knowing we have the resources to meet the individual needs of the 6150 customers and the communities we serve. Our experience and knowledge will be used to 6151 successfully execute the contract requirements for the City of Santa Clarita. 6152 6153 The implementation of the state’s organic waste reduction regulations adopted under Senate 6154 Bill 1383 (Short Lived Climate Pollutants) is the next critical step to protect our communities 6155 and our environment from the impacts of climate change. In order to keep pace with California’s 6156 SB 1383 statewide goal of 75% reduction of organics disposed of in landfills, the jurisdictions 6157 serviced by Burrtec must divert an estimated 670,000 new tons of organic material each year 6158 by 2025. Targeting methane reduction in emissions in landfilled organics is an effective 6159 mechanism for combating climate change and moving toward a more sustainable future in each 6160 facility Burrtec owns and operates. 6161 6162 A brief description of our facilities, capabilities, and innovations to support SB 1383 6163 requirements are included below: 6164 6165 1) Organic Waste Facility Network 6166 6167 Composting is nature's way of recycling. Burrtec's four compost facilities receive yard 6168 waste and food waste that is broken down to become food for plants. Through composting, 6169 the amount of refuse sent to the landfill is reduced, the organic matter is reused rather than 6170 disposed of, and recycled into a valuable soil amendment. By composting, the generation 6171 of greenhouse gases, mainly methane, is significantly reduced. In addition to emission 6172 reduction, compost replenishes and revitalizes exhausted farm soils by replacing trace 6173 minerals and organic material, reduces soil erosion, and helps prevent stormwater runoff. 6174 6175 Brief descriptions of each facility follow. 6176 6177 West Valley Material Recovery Facility 6178 Burrtec's premier facility, the West Valley Material Recovery Facility, is located in the San 6179 Bernardino West Valley Region of Fontana. The West Valley facility is a 7,500-ton per day 6180 large volume transfer and processing facility handling mixed recyclables, wood waste, 6181 organic waste (green waste and food waste), metals, and construction/demolition/inert 6182 materials (CalRecycle SWIS No. 36-AA-0341). 6183 6184 Victor Valley Material Recovery Facility 6185 Located at 17000 Abby Lane, Victorville, Victor Valley MRF is a 985-ton per day large 6186 volume transfer/processing facility with an active 100-ton per day food waste composting 6187 facility and a planned permitted 150-ton per day medium volume 6188 construction/demolition/inert material processing facility (CalRecycle SWIS No. 36-AA-6189
FINAL AGREEMENT Page 182 of 192
0346). Burrtec operates this facility through a long-term agreement with the High Desert 6190 Joint Powers Authority. 6191 6192 Edom Hill Compost Facility 6193 Located in Cathedral City at the Edom Hill Transfer Station site, the Edom Hill Compost 6194 Facility is a new 500-ton per day compost facility permitted processing source-separated 6195 food waste and mixed organic waste into compost (CalRecycle SWIS No. 33-AA-0376). 6196 6197 Coachella Valley Compost Facility 6198 Located in Coachella, Coachella Valley Compost is a 985-ton per day composting facility 6199 processing wood waste, biosolids, manure, liquid waste, green materials, food wastes, and 6200 construction/demolition material (CalRecycle SWIS No. 33-AA-0292). 6201 6202 2) State of the Art Facilities 6203 6204 Agua Mansa Material Recovery Facility 6205 Located in Jurupa Valley, Agua Mansa is a 4,000-ton per day large volume transfer and 6206 processing facility handling mixed recyclables, wood waste, metals, inert material, green 6207 waste, construction & demolition waste and a mixed organics in-vessel composting facility 6208 (CalRecycle SWIS No. 33-AA-0248). In addition to the composting operations, the Agua 6209 Mansa Facility has recently undergone significant sort line improvements, including 6210 robotics. Agua Mansa offers transfer capability for residuals and non-recoverable solid 6211 waste. 6212 6213 3) Anaerobic Digesters 6214 Burrtec's sister company, EDCO, is near full 6215 operation of the first fully permitted state-of-the-art, 6216 advanced technology Anaerobic Digestion (AD) 6217 Facility in San Diego County. Anaerobic digestion is 6218 an efficient and environmentally sustainable 6219 technology that can significantly contribute to 6220 managing organic waste in California and can power 6221 a fleet of trucks with Renewable Natural Gas (RNG). 6222 6223 c. Strategic Partnerships 6224 6225 Burrtec has partnered with Agromin. Established in 1972, Agromin manages over 1.2M tons 6226 annually of organic waste materials through its processing facilities and strategic partners' 6227 facilities. 6228 6229 Although Burrtec is planning on utilizing Rent-a-Bin for Santa Clarita, Burrtec’s network of 6230 organic waste processing strategic partners are working in collaboration toward establishing a 6231 network of facilities and processing centers specifically designed to achieve the state mandated 6232 requirements, sequester carbon in the soil, and reduce harmful greenhouse gas (GHG) 6233 emissions as illustrated in the High Diversion Organic Waste Processing flow chart below: 6234
FINAL AGREEMENT Page 183 of 192
6235 6236 Future High Diversion Organic Waste Processing Facilities will house many technologies to 6237 prepare feedstock from single family, multi-family and commercial municipal solid waste. 6238 Should the three-container system alone not achieve the 75% diversion rate, facilities must add 6239 additional technologies to capture unrecovered organics and recyclables from the municipal 6240 solid waste stream to eventually reach 75% diversion. Burrtec with Agromin is endeavoring to 6241 surpass state mandates and help develop facilities so that communities can achieve the 6242 benefits of a zero-waste infrastructure. 6243 6244 d. Supplier Partnerships 6245 6246 Rehrig Pacific pioneered a previously impossible process to manufacture carts out of an 6247 unprecedented 40% recycled material without sacrificing strength or curb appeal. The High-6248 Density Polyethylene (HDPE) resin that Rehrig Pacific uses in its carts makes them 100% 6249 recyclable. This allows our cart manufacturer to create a closed-loop system reclaiming and 6250 recycling broken carts for reuse in new products at the end of life. Rehrig Pacific also has a 6251 best-in-class R&D lab leading the way in evaluating non-traditional plastics sources, from bulky 6252 rigid plastic-like patio chairs and laundry hampers to materials like ocean waste and discarded 6253 rope. With seven manufacturing sites across the United States, Rehrig Pacific has a strategic 6254 national footprint that allows for timely production and delivery of new cart orders and lower 6255 freight costs. 6256 6257
FINAL AGREEMENT Page 184 of 192
Rehrig Pacific uses 60 million pounds of recycled post-consumer plastic diverted from the 6258 waste stream each year. Rehrig’s latest innovation 6259 includes the development of an innovative new solution 6260 in diverting and utilizing ocean-bound plastics. The 6261 OceanCore recycling cart is the first rollout cart made 6262 with ocean-bound plastics. OceanCore results from 6263 Rehrig Pacific’s unique manufacturing expertise and a 6264 first-of-its-kind process that allows Rehrig to combine 6265 virgin plastic with unmatched volumes of recycled 6266 material. The result is a product that contains more 6267 recycled material than previously thought possible 6268 without compromising the structural integrity or 6269 appearance of the final product. 6270 6271 13. Procurement 6272 Burrtec offers an initial allocation of compost and mulch in tonnage amounts necessary to achieve 6273 30% of jurisdictional procurement requirements. The following programs should all be considered: 6274 6275 Community compost giveaway events 6276 City parks landscape, medians, and turf enhancements where recycled organic products are used to 6277 minimize water usage and improve soils 6278 Compost used in stormwater detention basins to promote vegetation growth 6279 New construction and landscaping projects to meet Water Efficient Landscape requirements for 6280 compost and mulch application 6281 6282 Through a direct service provider agreement, Burrtec will act as a broker on behalf of the City to help 6283 meet procurement targets outside of jurisdictional boundaries. 6284 6285 Future considerations include utilization of renewable natural gas to fuel collection vehicles that will 6286 aid the City in achieving the procurement obligations when reliable volumes of CNG transportation 6287 fuel become available. 6288
FINAL AGREEMENT Page 185 of 192
Exhibit 11 6289 Outreach and Education Plan 6290 1. Prior to Service Start Activities 6291 6292 Outreach describes the ways in which we communicate with our customers. 6293 6294 Update Burrtec Santa Clarita Website. Immediately following the execution of the 6295 agreement, the Santa Clarita Burrtec website will be updated to provide our new Santa 6296 Clarita customers with full information about Burrtec services, programs and events 6297 Acceptable Material Labels. During the container assembly procedure, labels identifying 6298 acceptable materials will be affixed to every container (carts and bins) used for collecting 6299 Trash, Recyclable Materials and Organic Material 6300 Residential Service Brochure. Burrtec will distribute a bi-lingual service brochure to each 6301 residential dwelling receiving individual collection to introduce them to services and promote 6302 recycling and organic material diversion 6303 Community Associations. Burrtec will initiate contact with individual community associations 6304 recommended by the City for purposes of holding informational meetings with residents and 6305 businesses to discuss the transition of services prior to the service start date 6306 SCV Chamber of Commerce Presentations. Burrtec will conduct a SCV Chamber of 6307 Commerce board of directors briefing on the transition and briefings at one or more 6308 Chamber events 6309 Community Meetings. Burrtec will conduct noticed community meetings for purposes of 6310 outlining services and answering questions from residents and businesses 6311 Media Advertising. Burrtec will publish print media advertisements utilizing KHTS, The SCV 6312 Signal, and other local publications and websites to alert the community to the upcoming 6313 transition in service providers 6314 6315 2. Implementation Programs 6316 6317 Burrtec's waste recycling and diversion program include 6318 comprehensive public education and outreach that details program 6319 services and maximizes the diversion of recyclables, green waste, 6320 food waste, bulky items, sharps, mattresses, and e-waste. Our 6321 approach to successful recycling and diversion programs is simple. 6322 6323 • Provide a wide selection of acceptable materials 6324 • Offer a complete yet straightforward collection program 6325 • Implement a public education plan that encourages 6326 participation 6327 • Reinforce the diversion programs 6328 • Encourage residents to “Reduce, Reuse, Recycle” 6329 • Educate City staff and Service Recipients on AB 341, AB 6330 1826, AB 1594 and SB 1833 6331 6332 The SB 1383 regulations require that organics recycling education and outreach be provided to all 6333 residents, businesses (including those generating edible food that can be donated), local food 6334 banks, and other food recovery organizations. 6335 6336 In communities where a substantial number of residents speak non-English languages, education 6337 and outreach materials will be translated to ensure all residents and businesses can effectively 6338 participate in organic recycling services. 6339 6340
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A variety of outreach methods will be used to inform customers on program requirements, including 6341 the following mandated topics: 6342 6343 • Methane gas reduction benefits, specifically how emissions resulting from the decomposition 6344 of organic waste in landfills are a significant source of greenhouse gas (GHG) emissions 6345 contributing to global climate change 6346 • Reduction of landfilled organics which are responsible for 25 percent of California’s methane 6347 emissions 6348 • Prevention of organic waste generation, recycling organic waste onsite, sending organic 6349 waste to community composting, and 6350 any other local requirements 6351 regarding organic waste 6352 • Information on the organic waste 6353 generator’s requirements to follow 6354 proper container utilization 6355 techniques and edible food donation 6356 programs 6357 6358 a. Schedule of Materials 6359 6360 Brochures. Burrtec will distribute 6361 bilingual brochures on recycled paper, 6362 describing services, proper use of containers, new container colors, and acceptable materials 6363 to all customers (Residential and Commercial) before the Service Start Date. Brochures will 6364 also be distributed to new customers when a change in occupancy becomes known to Burrtec. 6365 6366 Billing Statements. Each billing statement sent by Burrtec on recycled paper will contain a brief 6367 notification to customers. Notifications include, holiday schedules, program participation 6368 requirements, and legislative reminders. 6369 6370 Newsletters. Burrtec will distribute bilingual newsletters printed on recycled paper to 6371 Residential customers as an insert in the bill on a quarterly basis. Commercial newsletters will 6372 be distributed via Burrtec’s customer billing to coincide with special program notices such as 6373 SB 1383 requirements. 6374 6375 Social Media. Burrtec will continue to develop and produce content pertinent to program 6376 participation and diversion goal accomplishment on social media platforms. Content includes 6377 titles such as: 6378 6379 “Our Story” – A short history of Burrtec 6380 “Recycling” – Burrtec’s material recovery facilities 6381 “Coming Soon” – Food waste recycling program development 6382 “What is Organic Waste” – Overview of acceptable green container material 6383 “Christmas Tree Disposal” – How to properly prepare your Christmas tree for disposal 6384 6385 b. Service Brochures 6386 6387 At contract inception, a service brochure will be provided to customers printed on recycled 6388 paper. New customers will also receive the brochure as part of the Burrtec welcome packet. 6389 6390 These brochures will provide a comprehensive overview of the solid waste, recycling, and 6391 organic waste programs, and the additional services. The brochures will be produced in 6392 English, Spanish, or other languages where required and will include, but not be limited to, the 6393 information listed below. 6394 6395
FINAL AGREEMENT Page 187 of 192
Scope of services and geographical area including general information on container 6396 colors and sizes available, how to change container sizes and quantities, information 6397 about what to place in containers, and instructions on the set-out site 6398 Holiday Schedules 6399
Delivery, pick up, exchange, and replacement of containers 6400 Burrtec office hours, toll-free customer service telephone number, e-mail address, and 6401 website 6402
City’s information such as telephone number, location, Household Hazardous Waste 6403 information, and other information as required 6404
Newsletter 6405
Training on how to sort organic and recyclable material 6406 Description of green waste and food waste items allowable for collection and items 6407 prohibited 6408
Description of acceptable recyclable materials 6409
6410
c. Community Meetings 6411
6412
1) Prior to Start of Contract 6413
6414
Burrtec will hold community meetings to explain the new contract services and highlight 6415 program elements. Meetings will be held on weekday evenings and separate Saturdays 6416 as agreed upon with City's approval. The meeting dates, program information, and 6417 arrangements will be reviewed with City staff prior to finalizing. All customers will receive 6418 a community meeting notification at least two weeks prior to the meeting or approved by 6419 the City. 6420
6421
2) Instructional 6422
6423
Upon request, Burrtec will hold community meetings in English and/or Spanish or other 6424 languages as required informing customers how to recycle properly and what organic 6425 waste diversion means. 6426
6427
d. Written Notices and Outreach Materials 6428
6429
1) Upon Start of Services 6430
6431
Burrtec will develop written educational materials and deliver them to Customers. Burrtec 6432 will utilize technology, such as smartphones to distribute educational materials, reach more 6433 people, and reduce paper waste. Customers will be given a choice of how they want to 6434 receive the information, through traditional quarterly newsletters or via "monthly" e-mail or 6435 text message. Educational materials include: 6436
6437
2) Articles 6438
6439
Burrtec will develop a bilingual (Spanish and other languages as required) article with color 6440 graphics containing information that encourages recycling and educating customers 6441 services available. Topics include the following examples: 6442 6443
Available services notices and information 6444
New cart colors 6445
Placement of carts, including during heavy rains 6446 Holiday Tree collection instructions 6447
Benefits of source separation, reduction, and 6448
prevention of solid waste 6449
FINAL AGREEMENT Page 188 of 192
Information on how organic waste is diverted from the landfill 6450 Methane reduction benefits of reducing organic waste in landfills 6451 Bulky Items 6452
Illegal Dumping 6453
Cleaning Containers 6454
Holiday Schedule 6455
Commingling of Solid Wastes 6456
4 R's, reduce - reuse - recycle - rethink 6457
Carts left in the street 6458
Unpermitted Waste disposal 6459
New solid waste laws 6460
Articles specific to service areas such as palm fronds 6461 6462
3) Special Event Announcements 6463
6464
Burrtec will develop and deliver outreach notices to Customers on various events upon 6465 receiving approval from City. Some notifications will be limited to text or e-mail messages 6466 and not be included in newsletters. Examples of events are as follows: 6467 6468
City Household Hazardous Waste Collection Drop-Off Events 6469 City Neighborhood Cleanup Events 6470
Quarterly Paper Shredding Events 6471
Compost/Mulch Giveaway Events 6472
Textile, Carpet, and Mattress Collection Drives 6473
Availability of Food Waste Pails 6474
Sharps Program Information 6475
Bulky Collections 6476
Home Composters 6477
Cart and Bin Exchange and Cleaning 6478
Holiday Collection schedule 6479
Billing reminders, upon Customer request (e-mail) 6480 Service interruptions (e-mail) 6481
Non-collection notices (e-mail) 6482
6483
Certain notifications will be limited to e-mail messages and do not apply to newsletters. 6484 6485
Burrtec will provide notices up to six (6) weeks in advance of events, except as related to 6486 billing reminders, service interruptions, and non-collection notices. Notices may include 6487 artwork, layout, or notices provided by the City. 6488
6489
4) Distribution 6490
6491
The articles and announcements will be disseminated in the following ways, as requested 6492 by Customers: 6493
6494
a) Newsletters 6495
6496
Newsletters will be available in electronic format such as PDF and will be printed on 6497
8.5"x11" or 8.5"x14" sized recycled paper, whichever is appropriate. Burrtec will 6498 develop one-page (additional page for Spanish and other languages, if required by 6499 City) information newsletters in color and deliver these newsletters to Customers four 6500 times each contract year. A second English page may be added to the newsletter once 6501 per year if requested by Director. 6502
6503
FINAL AGREEMENT Page 189 of 192
b) E-mail 6504 6505 Burrtec will send brief electronic messages containing links to full articles, upcoming 6506 events, and/or newsletters for Customers who request them. For example, in late 6507 December, send an e-mail worded, "Have a holiday tree to get rid of? Click here." with 6508 a link to an article about holiday trees. When there is a Santa Clarita local HHW 6509 Collection Event nearby, send an e-mail worded, "Leftover household chemicals, paint, 6510 or used oil to get rid of? Click here." 6511 6512 c) Container Notices 6513 6514 Drivers will place notification tags educating customers on prohibited contaminants 6515 found. Burrtec will provide information on proper container utilization techniques and 6516 how contamination can be corrected at the time of discovery. The information may be 6517 provided using standard mail or notifications sent via e-mail. Red tags are applied to 6518 residential customer carts. 6519 6520 d) On-Site Waste Audits 6521 6522 Waste audit summary reports will be provided to 6523 customers upon completion of the evaluation. Summary 6524 report information will include container findings, 6525 educational materials including source reduction 6526 techniques, benefits of participation in collection 6527 programs, ability, and suggestions to “right-size” 6528 containers, and methods to reduce contamination. The 6529 information may be provided using standard mail or 6530 notifications sent via e-mail. 6531 6532 5) Delivery of Written Materials to Customers 6533 6534 Burrtec will deliver general materials (such as notices and 6535 newsletters) to Customers by any or all the following means 6536 approved by City: 6537 6538 • U.S. Postal Service 6539 • Door-to-door delivery service 6540 • Insert in monthly Customer bills 6541 • Electronic mail (E-mail) 6542 • Other means approved by the City 6543 6544 The City's designee will be included in the mailing list and ensure that available materials 6545 are sent to the City simultaneously they are sent to customers. When items are mailed, a 6546 proof of mailing can be submitted within seven days of mailing. 6547 6548 6) Social Media 6549 6550 Burrtec will reach out to Customers and make information available regarding services by 6551 current social media and the following means approved by the City. 6552 6553 Burrtec’s Official Social Media Presence Includes: 6554 6555 Facebook: www.facebook.com/burrtecscv 6556 Twitter: https://twitter.com/burrtecwaste 6557
FINAL AGREEMENT Page 190 of 192
Instagram: https://www.instagram.com/burrtecscv 6558 YouTube: https://www.youtube.com/channel/UCqaJ5_Ea4Nx1EY4LDDAS9CA 6559 LinkedIn: https://www.linkedin.com/company/burrtec-waste-industries 6560 6561 e. City, School, Facilities, and Business Community Programs 6562 6563 Partnering with schools, city facilities, businesses, and community programs is crucial in 6564 ensuring methods to reduce contamination are successfully disseminated throughout the 6565 community. Participation in events such as, but not limited to, will include: 6566 6567 Community and School Earth Day activities 6568 SCV Chamber of Commerce meetings 6569 VIA Meetings 6570 Rotary Club meetings 6571 Oldtown Newhall’s Senses 6572 Santa Clarita Valley Certified Farmer’s Markets 6573 The Learning Center at the Newhall Library and others 6574 The KHTS Home and Garden Show 6575 HOA meetings 6576 Non-Profit Events 6577 Churches, neighborhood and community groups, and other informal networking 6578 activities 6579 6580 f. “Recycling All-Star” Awards 6581 6582 Effective recycling efforts are an integral part to a successful recycling and organic waste 6583 diversion program. To reinforce these diversion efforts, Burrtec will provide annual recognition 6584 to participants meeting program standards. Education and outreach activities will encourage 6585 participants to actively engage in programs and become a “Recycling All-Star.” Randomly 6586 selected participants are eligible to receive recognition at November City Council meetings. 6587 The Contest information and program winners are announced in the quarterly newsletters. 6588 6589 g. City Staff Training 6590 6591 Department staff, Code Enforcement, and janitorial staff will be trained at the City’s scheduled 6592 date and time on the following topics: 6593 6594 Collection Programs and Full Range of Additional Services 6595 Regulatory Requirements and Relevant State Legislation 6596 Methods to Reduce Contamination 6597 Source Reduction Techniques 6598 Acceptable Materials 6599 Benefits to Participation in Recycling Programs 6600 Record-Keeping Requirements 6601 Purchasing Policy Requirements 6602 CalGreen and MWELO Requirements 6603 Enforcement and Inspection Requirements 6604 Best Management Practices 6605 6606
FINAL AGREEMENT Page 191 of 192
3. Methods to Reduce Contamination 6607
6608
Burrtec will utilize several methods to reduce contamination and ensure diversion goals are met in 6609 Santa Clarita. Burrtec’s experience with program implementations have shown that no one method 6610 can be relied upon, but rather a flexible, multi-faceted approach is required. Burrtec will develop an 6611 explicitly tailored program, designed with expert local knowledge, local community engagement, 6612 and local participation for Santa. Below is a list of primary methods that will be utilized to achieve 6613 program goals: 6614
6615
Education, Education, Education. Ensuring customers understand program requirements 6616 is the first critical component to achieving stated goals 6617 Participation in Community and School Events. Participating in community events and local 6618 schools to demonstrate how proper container utilization works and reduce contamination is 6619 another critical component to achieving stated goals 6620 Generator Feedback. Through onsite waste consultations with businesses, contamination 6621 notices, targeted education, and outreach, and ultimately notices of violation, and individual 6622 generator feedback is critical to achieving stated goals 6623 Data Analysis. The use of route review and waste evaluation results in conjunction with 6624 community waste characterization data will assist in targeting high contamination generators 6625 Equipment Readiness. Operation's readiness to deploy additional containers, exchange 6626 container sizes, and respond to customer requests is critical to ensure contamination 6627 minimization efforts are successful 6628
Technology. Burrtec’s continued efforts to upgrade and utilize state-of-the-art equipment at 6629 recovery facilities works and partner with leading industry experts in composting to ensure 6630 diversion goals can be met 6631
6632
4. Benefits of Participation 6633
6634
Burrtec will focus on the following elements to inform customers of the benefits of recycling and 6635 organic waste collection programs: 6636
6637
Information on how recycling conserves natural resources 6638 Information on how participating in recycling programs prevents pollution by reducing the 6639 need for raw materials 6640
Information on methods to recycle organic waste onsite, sending organic waste to 6641 community composting, and any other local requirements regarding organic waste 6642 Information regarding the methane and greenhouse gas reduction benefits of reducing the 6643 local Santa Clarita Valley landfill disposal of organic waste 6644 Information on the methods of organic waste recovery 6645 Information related to the public health and safety, and environmental impacts associated 6646 with the landfill disposal of organic waste 6647
Information regarding programs for donating edible food through the City of Santa Clarita’s 6648 Edible Food Recovery Program which helps those who are food insecure 6649 Information about food recovery organizations and services operating within the City of 6650 Santa Clarita, including a list of those services 6651
Information about actions that commercial edible food generators can take to prevent the 6652 creation of food waste 6653
FINAL AGREEMENT Page 192 of 192
Exhibit 12 6654
Acceptable Recyclable Materials 6655
Recyclable Materials include but are not limited to: 6656 6657
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
6658