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Contractor shall comply with all Applicable Laws in connection with Temporary Services it provides including specifically any ordinance which may be in effect regulating construction and demolition waste (including without limitation the California Green Building Standards Code), and shall comply with any specific diversion levels and project-based diversion reporting that may be required. Contractor shall make all reasonable efforts to recycle all construction and demolition waste it Collects, especially to the degree such loads contain clean inert materials.
Towards this end, Contractor shall provide Customers involved in construction Containers for Recyclable Materials and Organic Waste Collection, and separate Containers within which to Collect different types of marketable materials, such as dirt, steel, concrete, and wood. Contractor shall create educational and outreach materials targeting Temporary Services Customers, subject to City Approval, which City and or Contractor can provide to such Customers.
SECTION 13. Amendment to Section 8.5.2.3(G) of the Agreement. Section
8.5.2.3(G) of the Agreement is amended to read as follows:
(G) Provide City with advice on recycling, source reduction, and other technical assistance related to compliance with the Applicable Laws, including without limitation, assisting City in evaluating new development projects to ensure adequate planning occurs for Containers required by the Applicable Laws.
SECTION 14. Amendment to Section 10.8 of the Agreement. Section 10.8.3 is hereby added to the Agreement to read as follows:
10.8.3 Annual and Ongoing Organic Waste and Recycling Program Outreach to be performed by Contractor to all Customers at both Commercial Premises and Single Family Dwellings.
10.8.3.1 Contractor, in coordination with City, shall annually contact all Customers and provide information related to the Commercial or Residential Organic Waste Recycling Program, and Commercial or Residential Recycling Program, as applicable to each Customer, including at a minimum the information required by the Applicable Laws (including specifically the information required by 14 CCR Section 18985.1.) Contractor shall annually provide City with a list of all Customers in non-compliance with their obligations related to Organic Waste and/or Recycling under the Applicable Laws (including but not limited to a contact person, service and billing addresses, phone number, email, account notes and any other information reasonably necessary) as well as all available information relating to any refusal by the Customer to participate in either the Commercial or Residential Recycling Program or Organic Waste Recycling Program, as applicable, in order that such information may be used for enforcement purposes and included in reports to CalRecycle.
10.8.3.2 The attached Exhibit E is Contractor’s initial Customer SB 1383 Implementation, Outreach and Education plan related to the services set forth in this Second Amendment, including specifically those related to SB 1383. Contractor shall implement and follow all timelines, planned tasks, and schedules contained in its Implementation, Outreach and Education plan. The timelines for initial implementation of activities identified on Exhibit E shall be agreed upon once the Operative Date is established, with the expectation that such activities will commence at a point reasonably before the Operative Date so as to accomplish the goal of educating Customers in
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advance of the implementation of new programs, services and service requirements. Thereafter, not less than ninety (90) days prior to the anniversary of the Operative Date, Contractor shall submit a proposed update to the Implementation, Outreach and Education Plan for the upcoming year to City demonstrating its compliance with its obligations hereunder, which shall be subject to the City Manager’s reasonable approval. Contractor shall implement the activities identified in each annual update to the Implementation, Outreach and Education Plan in accordance with the time schedule to be included in such plan.
10.8.3.3 Contractor shall perform at least the following ongoing outreach efforts, and the City Manager may request that such efforts be modified as may be deemed necessary, which requests will be honored by Contractor so long as they are reasonable and cost neutral:
10.8.3.3.1 Provide Organic Waste recycling information to all Commercial Premises including Step by Step process; guidelines for new employee training; do’s and don’ts of separation; signage examples; source reduction suggestions; links to online Contractor and City programs/resources; Good Samaritan Law definition; information on environmentally preferable purchasing policies; and resource list of sustainability programs and toolkits from trade organizations like the National Restaurant Association and US Composting Council Curb to Compost Toolkit and/or government agencies like the EPA toolkit for Reducing Food Waste and Packaging and FTC Guidelines on compostable and degradable claims.
10.8.3.3.2 Provide samples of indoor and outdoor Container options and signage.
10.8.3.3.3 Contact or provide information to help identify Customer’s “startup team” to implement the program and provide long term support.
10.8.3.3.4 If necessary or if requested by Customers, conduct a comprehensive, inhouse, multi-lingual training with kitchen and janitorial staff.
10.8.3.3.5 Follow-up and monitor to ensure successful participation, which shall include visual audits and additional training when reasonably necessary.
10.8.3.3.6 Create solutions for the identified challenges and waste stream specifics.
10.8.3.3.7 Provide Customers with outreach and educational materials, which materials shall be updated as necessary on an annual basis in a manner approved by City.
10.8.3.3.8 Connect Customers with Food Recovery Organizations and Food Recovery Services.
SECTION 15. Container Contamination Monitoring. Contractor shall provide a Container contamination monitoring program in connection with all Customers that complies with all Applicable Laws, and is approved by the City, which at a minimum meets the following requirements:
(a) Contractor shall provide ongoing education and outreach to Customers that at a minimum meets the criteria set forth in Exhibit E, Contractor’s SB 1383 Implementation, Outreach and Education Plan developed enable it to implement the services set forth in this
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Second Amendment, including specifically those related to SB 1383, and which is intended to provide information related to the proper materials to place in each Container with sufficient specificity to enable Customers to understand Contractor’s Recycling and diversion program, and their obligations as Customers, and generators of Solid Waste, under the Applicable Laws, including compliance with City ordinances. Contractor shall implement and follow all timelines, planned tasks, procedures, proposed staffing assignments, and schedules contained in its implementation plan. (b) Contractor shall provide on-going monitoring of the contents of Containers, using a method that is approved by City and complies with all Applicable Laws including specifically, without limitation 14 CCR § 18984.5, and may accomplish its obligations hereunder by physical inspection of the contents of Containers by Collection personnel at the time of Collection, or use of cameras which view, record, and save images of the contents of Containers.
(c) In the event Contractor encounters a “Contaminated Container,” meaning fifteen percent (15%) or more of the contents of the Container is comprised of materials other than that for which the Container is designated, Contractor shall document the Contaminated Container in a manner satisfactory to City which at a minimum demonstrates (i) fifteen percent (15%) or more of the contents of the Container is comprised of materials other than that for which the Container is designated, and (ii) the identity of the Customer to whom the Container was provided by Contractor. Contractor shall record such event in a computer logging/data-base system and include the date, time, Customer’s address, type of Container (i.e., whether designated for general Solid Waste, Organic Waste, or Recyclable Materials) and may include video or photographic evidence of the contamination directly connecting it to the Customer/owner of the Container, and shall retain the video/photographic evidence, if any, of the incident to enable reasonable review, including review in connection with challenges by Customers to Contractor’s determination that a Customer set out a Contaminated Container for Collection. Contractor shall notify the Customer of the contamination incident as soon as reasonably feasible, and provide the information required by this Section to the Customer upon request. In addition, Contractor shall provide the Customer with education materials related to the appropriate items to be placed in each Container. Contractor shall maintain the forgoing records and provide them to the City as part of its quarterly reporting, or more frequently if necessary to comply with enforcement obligations set forth in the Applicable Laws. (d) Upon discovering a Contaminated Container, Contractor shall also leave a notice on site for the Customer at a location where the Customer is reasonably likely to observe it.
Contractor shall then Collect the Contaminated Container and deliver the contents to a facility properly permitted to receive it. Contractor shall Collect a Contaminated Container no later than the end of the business day following its regularly scheduled Collection day. (e) Commencing on the anniversary of the Operative Date, if Contractor observes the same Customer at a Single Family Dwelling setting out a Contaminated Container for Collection more than three (3) times in any six-month rolling period, Contractor may charge a contamination fee in an amount that does not exceed that set forth in Exhibit A for each such instance exceeding three (3) in such period. Contractor may charge Customers at
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Commercial Premises a contamination fee in an amount that does not exceed that set forth in Exhibit A for each occurrence upon which a Contaminated Container is placed out for Collection. In order to impose a contamination fee, Contractor shall have complied with subsections (c) and (d) above, and shall additionally provide the date of the contamination incident as part of an invoice to the Customer related to the contamination fee; as well as a notification that any challenge to the contamination fee must occur within sixty (60) days of the date of the invoice. The invoice shall also provide information regarding how to present a challenge to the appropriateness of the contamination fee. Contractor shall establish a process for Customers to bring such challenges, which shall include an opportunity for Customers to receive the information required in subsection (c) and (d), and to present to Contractor any evidence it may have supporting the Customer’s challenge to the contamination fee. Contractor’s process for dispute resolution shall be subject to the City Manager’s reasonable approval. Contractor shall provide City with a summary of any such challenges including Contractor’s determination as to whether to impose the contamination fee, and the City Manager shall have the ability to overrule any such determination based upon substantial evidence supporting such decision. (f) Contractor shall provide information to City regarding Contaminated Containers in the reports it submits to City, with sufficient specificity to enable City to determine if enforcement action against the Customer is warranted and meet the reporting requirements of SB 1383. In addition, Contractor shall maintain the above noted records related to contamination and provide them to City, and otherwise assist City with such enforcement efforts as City may deem appropriate.
(g) Contractorshall meet its SB 1383 Regulations contamination monitoring requirements commencing using either route reviews or waste evaluations on an ongoing basis in a manner that meets the requirements of 14 CCR § 18984.5, and is approved by City. Once such action is completed, Contractor shall provide any notification to Customers as may be required by the Applicable Laws. Contractor shall keep records of the reviews conducted pursuant to this provision, including specifically the records required by 14 CCR § 18984.6, and provide such records to City upon request. In addition, Contractor shall include a summary of such information in a form acceptable to City, in its monthly, quarterly, and annual reports to City.
SECTION 16. Amendment to Section 8.1.5 of the Agreement. Section 8.1.5 of the Agreement is amended to add a new Section 8.1.5.1 which shall read as follows:
8.1.5.1 Commingling of Routes
Contractor shall establish routes for all Customers in City, and provide City with maps, or other means satisfactory to City demonstrating such routes. The routes shall be sufficiently identified to enable the City to effectuate and ensure compliance with its obligations pursuant to 14 CCR §§ 18984.5 and 18984.6. Contractor shall not during its Collection process commingle Solid Waste Collected hereunder with Solid Waste Collected in any other city, or on behalf of any other entity operating or existing within City that is not subject to this Agreement, and is specifically prohibited from combining Collection routes related to services provided pursuant to this Agreement with Collection routes for other jurisdictions it may service. Notwithstanding the
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forgoing, if Contractor utilizes a methodology satisfactory to the City Manager and CalRecycle to account for one or more types of Solid Waste Collected within City, and Contractor obtains the written consent of the City Manager for Contractor to commingle such Solid Waste with Solid Waste Collected from other jurisdictions, Contractor may commingle such Solid Waste Collected within the City in a Collection Vehicle with Solid Waste Collected from Premises in other jurisdictions. The City Manager may grant his/her consent for such commingling in his/her absolute and sole discretion if he/she determines the methodology used to account for commingled Solid Waste is reasonably likely to result in the City being in compliance with the Applicable Laws; and, similarly may withdraw his/her consent if he/she determines the methodology used to account for commingled Solid Waste is reasonably likely to result in the City not being in compliance with the Applicable Laws.
SECTION 17. Edible Food Recovery. Contractor shall assist with Edible Food Recovery efforts by City and Customers, and fund such efforts as follows:
(a) Assistance with Edible Food Recovery Obligations. Contractor shall assist City and Customers in meeting their obligations set forth in 14 CCR Chapter 12, Article 10 §§ 18985.1 through 18985.5, by at a minimum providing the following services:
(i) As of the Operative Date, Contractor has identified all Commercial Customers that meet the definition of Tier One and Tier Two Commercial Edible Food Generators. Contractor shall identify all new Customers meeting this criteria on an ongoing basis. Contractor shall create, and keep current, a list of such Customers which list shall include: Customer name; service address; contact information; Tier One or Tier Two classification; type of business (as it relates to the Tier One and Tier Two Commercial Edible Food Generator definitions); and such other information as may be required by City to enable it to contact the Customer. Contractor shall provide a summary of this information in a form acceptable to City as part of its monthly, quarterly, and annual reports to City.
(ii) Contractor shall cooperate with and assist City and/or its consultants in conducting annual inspections of Tier One and Tier Two Commercial Edible Food Generators, Food Recovery Organizations, and Food Recovery Services to assess their compliance with the requirements of 14 CCR Chapter 12 Article 10. (iii) At least annually Contractor shall provide Tier One and Tier Two Commercial Edible Food Generators with the following information:
(A) Information about the Contractor’s and/or City’s Edible Food Recovery program;
(B) Information about the Commercial Edible Food Generator requirements under 14 CCR Chapter 12 Article 10;
(C) Information about Food Recovery Organizations and Food Recovery Services operating within the City, including information regarding how to
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contact such Food Recovery Organizations and Food Recovery Services; and,
(D) Information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste.
(iv) Contractor may provide the information required by this Section to Customers by including it with regularly scheduled notices, education and outreach materials, billing inserts, or other information disseminated to Commercial Businesses. (v) Contractor shall cooperate with City, Food Recovery Organizations, and/or Food Recovery Services in connection with the implementation, expansion, or operation of Food Recovery efforts in the City.
(vi) Contractor shall assist City, as well as operators of Large Venue’s and Large Events with reporting and other assistance necessary to meet their Edible Food Recovery related requirements under the Applicable Laws, including without limitation, SB 1383 and its implementing regulations.
(vii) Contractor shall keep records of its efforts in connection with this Section, as well as records that provide its best estimate of the total tonnage of Edible Food recovered within City, and shall provide summaries of such information in a form acceptable to City as part of its monthly, quarterly, and annual reports to City. (b) Edible Food Recovery Program. Commencing on or before the Operative Date, Contractor will facilitate City’s compliance with its obligations under 14 CCR Chapter 12, Article 10 (the “Edible Food Recovery Program.”)
SECTION 18. Assistance with Organic Recycling Waivers
(a) Contractor shall assist Customers in assessing if they qualify for an Organics Recycling Waiver, and provide such assistance as may be necessary for the Customer and City to evaluate any application submitted for such a Waiver. Such assistance shall include a review of the Customer’s Waiver application, and providing City with any information, including video/photographs or data regarding the Customer’s Premises, service levels or other factors which may be necessary to enable City to evaluate a waiver request. (b) City shall advise Contractor of any Organics Recycling Waivers it grants. Thereafter, at least once every five (5) years, or more often if requested by City, Contractor shall conduct such investigation and fact finding as may be necessary to verify that the criteria by which City granted the Waiver continues to exist.
(c) Contractor shall maintain a record of each Organics Recycling Waiver, and any efforts it undertakes in connection with verifying ongoing applicability of the Waiver criteria. A summary of such information shall be provided by Contractor, in a form acceptable to City along with Contractor’s monthly, quarterly, and annual reports to City.
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SECTION 19. Amendment to Section 26 of the Agreement. Section 26 of the Agreement is hereby amended to read as follows:
Section 26 County Agreement and City’s Flow Control Option City shall have the authority to choose the location for the delivery and/or disposal of all Solid Waste, including without limitation Recyclable Materials, Organic Waste, and construction and demolition waste Collected pursuant to this Agreement (hereinafter City’s “Flow Control Option”). Contractor expressly consents to City’s exercise of it's Flow Control Option, and waives any and all rights to challenge City’s ability to do so, including without limitation any rights under the Commerce Clause of the United States Constitution. As of the Effective Date, City shall be deemed to have exercised its Flow Control Option so as to require disposal of Solid Waste Collected hereunder in a manner consistent with its obligations under the County Agreement (including, without limitation, its obligations related to Solid Waste that is delivered to a processing/transfer facility prior to being delivered to a landfill for disposal), and Contractor has agreed to handle all Solid Waste Collected hereunder in a manner consistent with City’s exercise of its Flow Control Option as noted above. Contractor may utilize the Approved Facility(ies) for the delivery, transfer and processing of Recyclable Materials and Organic Waste understanding any residue from processing must be handled in a manner that is consistent with City’s obligations under the County Agreement. Notwithstanding any provision of the Agreement to the contrary, at any time during the Term of the Agreement the City Manager may notify Contractor in writing that City desires to exercise its Flow Control Option with regard to the Recyclable Materials and/or Organic Waste; or, alternatively, that it no longer desires to exercise its Flow Control Option as noted above. In the event City so notifies Contractor, the Parties shall work together to arrive at an adjustment to the maximum rates set forth in Exhibit A, either upward or downward as the case may be, to reflect any increased or decreased costs Contractor incurs as a result of the resulting change.
SECTION 20. Reports. The Following provisions are added to the Agreement related to reporting:
(a) General Application and Interpretation.
Contractor agrees to provide all information in its control necessary for City to meet its quarterly, and annual reporting obligations under the Applicable Laws, and to do so in a format reasonably acceptable to City. The following provisions shall supplement the reporting requirements of the Agreement, generally found in Section 23 thereof (and may be duplicative of existing requirements), and are intended to be read together with existing reporting requirements.
The express requirements set forth herein are not intended as a limitation, but rather set forth minimums which Contractor shall comply with in order to meet its obligation to provide information and reports. Contractor shall provide any additional information or reports requested by City to enable it to meet its obligations under the Applicable Laws not set forth herein. All reports shall be prepared in a manner that will enable the City to meet its current, and any future reporting requirements to CalRecycle under the Applicable Laws. Any ambiguity between the existing provisions of the Agreement and the requirements set forth herein shall be resolved by the City Manager.
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(b) Use of Reporting Software.
Contractor shall utilize computer software, satisfactory to City, designed for monitoring and reporting related to the Organic Waste diversion obligations spelled out in the Applicable Laws, and shall be responsible for costs associated therewith. (c) Customized Reports.
Upon request from City, Contractor shall prepare and provide customized reports from records Contractor is required to maintain on an as needed basis to assist City in responding to requests from CalRecycle.
(d) Reports.
At a minimum, Contractor shall on a quarterly basis report the following to the City, with each quarterly report including a year-to-date summary page as well as the data submitted from the quarterly report(s) submitted in the previous calendar year:
(i) total quantities in tons of Diversion in a manner that complies with the Applicable Laws and is acceptable to CalRecycle.
(ii) number of Containers, broken down by Container type utilized and Container capacity (iii) the total number of Organic Recycling Waivers, and/or waivers related to the recycling requirements of AB 341, which were granted and the total number of related verifications performed by Contractor
(iv) total number of Organic Recycling Waivers and/or waivers related to the recycling requirements of AB 341, which were requested and a summary of status of each (v) a report of contamination monitoring activities including:
o the number of route reviews and/or waste evaluations conducted and a summary thereof;
o a description of the process used for determining the level of contamination;
o a summary of actions taken in cases where contamination was identified o a summary of contamination fees assessed, broken down by Customer type and amounts.
(vi) a report listing all complaints asserting lack of compliance with any of the Applicable Laws, including specifically SB 1383, AB 1826 and AB 341, and a summary of action taken in connection with each.
(vii) a report of activities related to Edible Food Generators as required by CalRecycle, including, but not limited to:
o the total number of known Tier One and Tier Two Commercial Edible Food Generators located within the City.
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o the number of known Food Recovery Services and Food Recovery Organizations located and operating within the City that contract or have written agreements with Commercial Edible Food Generators for Food Recovery o the number of Tier One and Tier Two Commercial Edible Food Generators participating in an Edible Food Recovery program (e) Annual Report
Contractor shall on an annual basis provide a summary of the information required in the quarterly reports, in a format reasonably acceptable to City, and such other information and/or back up data as may be requested by City to enable it to comply with its obligations under the Applicable Laws.
SECTION 21. Amendment to Exhibit B – Container Specifications. Exhibit B to the Agreement which provides specifications for Contractor’s Containers is amended to read in its entirety as set forth in the revised Exhibit hereto and incorporated herein.
SECTION 22. Amendment to Section 11(A) of the Agreement. Section 11(A) of the Agreement is hereby amended to read as follows: . . Contractor shall pay to City an annual administrative fee in the amount of Twenty Thousand Dollars ($20,000.00) (the “Annual Administrative Fee”) to reimburse the City for the staff time and out-of-pocket costs it incurs in administering this Agreement. The Annual Administrative Fee shall be paid by Contractor to City on or before July 1 each year during the Term, and shall be adjusted each year commencing on July 1, 2024 using the same adjustment formula, and subject to the same cap, set forth in Section
24.3 of the Agreement.
SECTION 23. Amendment to Section 11(C) of the Agreement. Section 11(C) of the Agreement is hereby amended to read as follows:
(C) Contractor shall provide Solid Waste Handling Services at all Premises owned and/or operated by the City, at no cost to City, and shall provide Containers for such service as City deems appropriate for each of its various Premises (i.e., Carts, Bins or Rolloff Boxes); provided however, Contractor shall not be required to provide such services at no cost in connection with construction or demolition projects at City facilities or private, or for profit events at City facilities. Such services shall be provided for all existing City facilities, as they may be expanded from time to time, as well as all new or additional facilities acquired/constructed during the Term hereof.
Contractor shall carry out its obligations pursuant to this provision in a manner, and to a degree, approved by the City Manager, and shall do so in a manner that complies with all Applicable Laws, including by providing such services as required by AB 341 and SB 1383 and its implementing regulations.
SECTION 24. Amendment to Section 18.7.3. Section 18.7.3 of the Agreement is amended to add a new subsection 18.7.3.5 each to read as follows:
18.8.3.6 Compliance with SB 1383 and Related Obligations
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(A) Use of Unauthorized Facilities. For each individual occurrence, which does not constitute a force majeure event, of delivering materials Collected to other than an Approved Facility(ies) - $100 per ton or portion thereof per offense. (B) Failure to Perform Contamination Monitoring Requirements. For each failure to timely conduct required contamination monitoring - $100 per route per occurrence.
(C) Failure to Conduct Compliance Tasks. For each failure to timely conduct any required compliance review - $100 per occurrence.
(D) Failure to Issue Contamination Notices/Maintain Records. For each failure to timely issue contamination notices and/or properly maintain records related to an incident of contamination - $100 per incident.
SECTION 25. Amendment to Section 24 of the Agreement. Section 24.3 and
24.4 of the Agreement are hereby amended to read as follows:
Section 24.3 of the Agreement contains an adjustment formula based on the percentage change in the Anaheim-Los Angeles-Riverside Consumer Price Index (“CPI”). This formula is hereby amended so as to apply to the change in the Consumer Price Index for All Urban Consumers, CUURS49CSA0 not seasonally adjusted, all items index (CPI-U) – All items in Riverside-San Bernardino-Ontario (“CPI”), and otherwise the adjustment formula in Section 24.3 remains unchanged.
24.3 Annual Consumer Price Index Adjustments to Service Component.
Commencing on July 1, 2017, the service component associated with any of the maximum rates as set forth in Exhibit A shall be adjusted, and such rates shall be adjusted annually thereafter on each subsequent July 1st during the Term hereof (the “Adjustment Dates”), by a percentage equal to the percentage change in the Consumer Price Index for All Urban Consumers, CUURS49CSA0 not seasonally adjusted, all items index (CPI-U) – All items in Riverside-San Bernardino-Ontario (“CPI”) for the twenty-four (24) month period commencing twenty-seven (27) months prior to the applicable Adjustment Date and ending three (3) months prior to the applicable Adjustment Date. At least forty-five (45) days prior to charging Customers any rate increased due to an increase in the CPI, Contractor shall notify the City Manager of its intent to do so, and receive the City Manager’s approval therefor, which approval shall not be withheld unless such approval would conflict with the provisions hereof. Notwithstanding any of the above, the maximum annual adjustment shall be six percent (6%) of the existing rate in effect immediately prior to the adjustment. In addition, no rate increases shall occur in any year in which Contractor has not fully complied with the terms of this Agreement.
24.4 Adjustments for Disposal and Processing.
24.4.1 Disposal Component Adjustments
In order to address changing costs to dispose of Solid Waste or to process Organic Waste, it is the intention of the parties that the disposal component associated with any of the maximum
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rates as set forth in Exhibit A shall be adjusted no more often than annually on each Adjustment Date such that they reflect each Customers pro-rata share of any increase or decrease in the actual tipping fees charged by the County of San Bernardino landfill system, and actual, reasonable fees paid by Contractor for processing of Organic Waste at the Organic Waste Processing Facilities identified in Exhibit D. In the event the tipping or related fees charged by the County of San Bernardino landfill system or the Organic Waste Processing Facilities identified on Exhibit D increase or decrease, the parties shall negotiate in good faith to determine the appropriate pro-rata increase or decrease for each Customer, taking into account all relevant financial data including processing costs and revenues for Solid Waste not taken to the landfill. The disposal component of the maximum rates set forth on Exhibit A will thereafter be adjusted accordingly at the next Adjustment Date. In connection with the annual adjustment to the Disposal Component the parties shall evaluate the actual tonnage delivered to the landfill for disposal and the actual tonnage delivered to an Organic Waste Processing Facility, and annually adjust such ratio (which is 63:37 as of the effective date of this Second Amendment) so as to equitably allocate tipping fee adjustments to each. The City Manager may approve adjustments in the disposal component associated with any of the maximum rates set forth on Exhibit A, or, in his discretion, may refer such approval to the City Council.
24.4.2. Adjustments to Net Recycling Component.
In order to account for fluctuations in costs related to processing Recyclable Materials, and at the same time ensure the rates charged to Customers reflect revenue received from Recyclable Materials, the maximum rates Contractor may charge shall include a component known as the “Net Recycling Component.” This component of the maximum rates shall be adjusted annually on the Adjustment Date and shall be calculated by taking the revenue received from Recyclable Material, and deducting the total transportation and processing costs incurred by Contractor; and then allocating the sum (whether a negative or positive number) to Customers on a pro-rata basis, with any methodologies and assumptions utilized subject to the approval of the City Manager.
SECTION 26. Dedicated Recycling Coordinator
As of the effective date of this Second Amendment, the City receives the Environmental Fee as set forth in the First Amendment to cover the cost of compliance by its staff with various requirements of the Applicable Laws. Upon request by City, Contractor shall assume these duties with such staff as is necessary to serve as Recycling coordinator for City who shall be responsible for assisting with public education and outreach as well as compliance with AB 939, AB 341, AB 1826, SB 1383, related Food Recovery efforts, and such other of the Applicable Laws related to Diversion and Recycling as may be applicable during the Term. The Recycling coordinator shall coordinate with City in connection with AB 939, AB 341, AB 1826, and SB 1383 program implementation and shall oversee and/or prepare reports required by CalRecycle, which shall be certified by Contractor as to completeness and accuracy, conduct public outreach and education, participate in and facilitate community events throughout the year to promote Contractor’s programs, and assist with resolution of Customer complaints. The Recycling coordinator shall coordinate with City Staff on a regular basis, anticipated to be at least weekly, to discuss ongoing efforts, and any related issues. Contractor shall keep records documenting the Recycling coordinator’s activities, in a manner subject to the City Manager’s reasonable approval.
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When Contractor commences providing a Recycling coordinator on behalf of City, Contractor shall keep the Environmental Fee, rather than providing it to City.
SECTION 27. Four Year Phase of SB 1383 Costs for Residential Customers.
Contractor’s cost to provide the services mandated by the State in connection with SB 1383 is $7.34 per each Singe Family Dwelling Customer. As consideration for extending the Term, and to lessen the impact of the State mandated SB 1383 impacts on residents, Contractor shall phase in this cost over a period of four (4) years as described herein. On the Adjustments Dates of July 1, 2024, 2025 and 2026, after application of the adjustment formulas set forth in Section 24, the Service Component of the maximum rate applicable to Customers at Single Family Dwellings shall increase by an additional $2.10. On the Adjustment Date of July 1, 2027, after application of the adjustment formulas set forth in Section 24, the Service Component of the maximum rate applicable to Customers at Single Family Dwellings shall increase by an additional $1.04.
SECTION 28. Amendment to Exhibit A
Exhibit A to the Agreement is hereby replaced in its entirety with the new Exhibit A attached hereto and incorporated herein. The maximum rates related to Commercial services reflected on Exhibit A as “current rates” shall apply until such time as the Operative Date occurs for Customers at Commercial Premises. As of that time, the maximum rates noted as “January 1, 2024 Rates” shall become effective. Similarly, the maximum rates for Customers at Residential Premises noted as “current rates” shall apply until July 1, 2024 at which time the maximum rates noted as “July 1, 2024 Rates” shall apply, subject to the provisions of Section 27 above.
SECTION 29. Procurement Agreement. The parties are in the process of negotiating an agreement (the “Procurement Agreement”) by which to enable City to comply with its procurement obligations as set forth in 14 CCR §18993.1. The City Manager is hereby authorized to execute the Procurement Agreement on behalf of the City.
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SECTION 30. Unaffected Provisions Remain in Full Force. All provisions of the Agreement, as Amended by the First Amendment, excepting for those expressly amended by this Second Amendment, shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment to be effective as of August 8, 2023.
CITY OF TWENTYNINE PALMS
By:__________________________________
MacArthur Wright, Mayor
ATTEST:
By:__________________________________
Cindy Villescas, CMC, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER LLP
By:__________________________________
A. Patrick Muñoz, City Attorney
CONTRACTOR
BURRTEC WASTE AND RECYCLING
SERVICES, LLC.
By:__________________________________
Its: _______________________________
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ACKNOWLEDGEMENT AND CONSENT BY CORPORATE GUARANTOR
A. Burrtec Waste and Recycling Services, LLC. (“Contractor”) is an affiliate of Burrtec Waste Group, Inc. (Guarantor).
B. Guarantor has entered a Corporate Guaranty related to Contractor’s obligations pursuant to the Agreement, attached to the Agreement as Exhibit C (the “Guaranty”).
C. Guarantor hereby acknowledges and consents to the provisions of the forgoing Second Amendment, and agrees that its obligations as set forth in the Guaranty provided as Exhibit C to the Agreement, shall apply equally to the Agreement as amended by the First Amendment and Second Amendment as if fully restated.
GUARANTOR:
Burrtec Waste Group, Inc.
By:_________________________________
384/014122-0007
19093597.7 a08/03/23 Page 27
EXHIBIT A
Exhibit A as revised by the Second Amendment
Burrtec Waste & Recycling Services
City of Twentynine Palms
Residential Rates
Residential
Single Family Dwellings-If on Tax Rolls
Standard with 95 Gallon Cart
Manual
65 Gallon Low Generator
Extra Refuse Ca rt
Extra Recycling Cart
Extra Organics Cart
65 Gallon Organics Cart
Additional Kitchen Pail
Yard pull-out Service
Single Family Dwellings-If Not on Tax Rolls
Standard with 95 Gallon Cart
Manual
65 Gallon Low Generator
Extra Refuse Ca rt
Extra Recycling Cart
Extra Organics Cart
65 Gallon Organics Cart
Additional Kitchen Pail
Yard pull-out Service
Damaged Lost or Stolen Cart
Extra Bulky Item per-item
Service
Component
$ 14.11
$ 20.12
$ 13.99
$ 10.48
$ 3.00
$
$
$
$ 17.26
$ 17.31
$ 23.41
$ 17.24
$ 13.72
$ 3.00
s
$
$
s 17.26
$ 60.36
$ 60.36
Single Family Dwellings with Commercial Bin Service
95 Gallon Materials Recycling Cart
35 Gallon Organics Cart
65 Gallon Organics Cart
Single Family Dwellings Contamination Fee
Contamination
Current Rates
Disposal Envlro Net
Component Fee Recycling
$ 7.66 $ 0.41 $ 1.39
$ 7.66 $ 0.41 $ 1.39
$ 6.58 $ 0.41 $ 1.39
$ 7.66 $ 0.41 $ 1.39
$ $ 0.41 $ 1.39
$ s $
$ $ $
$ $ $
$ $ 0.41 $
$ 7.66 $ 0.41 $ 1.39
$ 7.66 $ 0.41 $ 1.39
$ 6.58 $ 0.41 $ 1.39
$ 7.66 $ 0.41 $ 1.39
$ $ 0.41 $ 1.39
$ $ s
$ s s
$ $ s
$ $ 0.41 $
$ $ $
s $ $
7 /1 /24 Rates
Total Total
Monthly Service Disposal Enviro Net Monthly
Rate Component Component Fee Recycling Rate
$ 23.57 $ 17.44 $ 6.43 $ 0.41 $ 1.39 $ 25.67
$ 29.58 $ 23.45 $ 6.43 $ 0.41 $ 1.39 $ 31.68
$
.$ 22.37 $ 16.24 $ 6.43 $ 0.41 $ 1.39 $ 24.47
$ 19.94 $ 13.81 $ 4.33 $ 0.41 $ 1.39 $ 19.94
$ 4.80 $ 3.00 $ s 0.41 $ 1.39 s 4.80
s
$ $ 4.97 $ 2.37 $ 0.41 $ $ 7.75
$ $ 3.00 $ $ 0.41 $ $ 3.41
$ $ $ $ $ 11.00
$ 17.67 $ 17.26 $ $ 0.41 $ $ 17.67
$ 26.77 $ 20.64 $ 6.43 $ 0.41 $ 1.39 $ 28.77
$ 32.87 $ 26.74 $ 6.43 $ 0.41 $ 1.39 $ 34.87
$ 25.62 $ 19.49 $ 6.43 $ 0.41 $ 1.39 $ 27.62
$ 23.18 $ 17.05 $ 4.33 $ 0.41 $ 1.39 $ 23.18
$ 4.80 $ 3.00 $ $ 0.41 $ 1.39 $ 4.80
s $ 4.97 s 2.37 $ 0.41 s $ 7.75
$ $ 3.00 $ $ 0.41 $ $ 3.41
$ $ $ $ $ 11.00
$ 17.67 $ 17.26 $ $ 0.41 $ $ 17.67
$ 60.36 $ 60.36 s s $ $ 60.36
s 60.36 $ 60.36 $ $ $ $ 60.36
$ 8.05 s 0.41 $ 1.39 $ 9.85
$ 8.05 $ 2.37 $ 0.41 $ 10.83
$ 9.05 $ 2.37 $ 0.41 $ 11.83
$ 15.00 $ 15.00
Burrtec Waste & Recycling Services
City of Twentynine Palms
Commercial Trash
COMMERCIAL
Service
Component
2 yd Bin
1 x per week $ 51.55
2 x per week $ 101.92
3 yd Bin
1 x per week $ 76.89
2 x per week $ 124.37
3 x per week $ 201.25
4 x per week $ 297.30
5 x per week $ 330.93
6 x per week $ 396.67
4yd Bin
1 x per week $ 102.33
2 x per week $ 171.75
3 x per week $ 244.34
4 x per week $ 319.18
5 x per week $ 399.60
6 x per week $ 479.16
6 yd Bin
1 x per week $ 113.37
2 x per week $ 270.59
3 x per week $ 362.81
4 x per week $ 529.09
ADDITIONAL CHARGES
2 yd Bin - Extra Empty $ 30.35
3 yd Bin - Extra Empty $ 45.51
4 yd Bin - Extra Empty $ 49.31
6 yd Bin - Extra Empty $ 91.06
Current Rates
Disposal Enviro
Component Fee
$ 24.24 $ 2.55 $
$ 48.79 $ 5.09 $
$ 36.37 $ 3.82 $
$ 72.73 $ 7.63 $
$ 108.95 $ 11.43 $
$ 145.19 $ 15.26 $
$ 181.82 $ 19.06 $
$ 218.20 $ 22.89 $
$ 48.79 $ 5.09 $
$ 95.58 $ 10.17 $
$ 145.48 $ 15.26 $
$ 182.75 $ 20.34 $
$ 242.45 $ 25.43 $
$ 290.95 $ 30.51 $
$ 72.73 $ 7.63 $
$ 145.19 $ 15.26 $
$ 218.20 $ 22.89 $
$ 290.95 $ 30.51 $
$ 5.58 $ 0.59 $
$ 8.40 $ 0.89 $
$ 11.26 $ 1.17 $
$ 16.81 $ 1.75 $
1/1124 Rates
Total Total
Monthly Service Disposal Enviro Monthly
Rate Component Component Fee Rate
78.34 $ 55.88 $ 24.24 $ 2.55 $ 82.67
155.80 $ 110.58 $ 48.79 $ 5.09 $ 164.46
117.08 $ 83.39 $ 36.37 $ 3.82 $ 123.58
204.73 $ 137.36 $ 72.73 $ 7.63 $ 217.72
321.63 $ 220.74 $ 108.95 $ 11.43 $ 341.12
457.75 $ 323.28 $ 145.19 $ 15.26 $ 483.73
531.81 $ 363.41 $ 181.82 $ 19.06 $ 564.29
637.76 $ 435.64 $ 218.20 $ 22.89 $ 676.73
156.21 $ 110.99 $ 48.79 $ 5.09 $ 164.87
277.50 $ 189.07 $ 95.58 $ 10.17 $ 294.82
405.08 $ 270.32 $ 145.48 $ 15.26 $ 431.06
522.27 $ 353.82 $ 182.75 $ 20.34 $ 556.91
667.48 $ 442.90 $ 242.45 $ 25.43 $ 710.78
800.62 $ 531.12 $ 290.95 $ 30.51 $ 852.58
193.73 $ 126.36 $ 72.73 $ 7.63 $ 206.72
431.04 $ 296.57 $ 145.19 $ 15.26 $ 457.02
603.90 $ 401.78 $ 218.20 $ 22.89 $ 642.87
850.55 $ 581.05 $ 290.95 $ 30.51 $ 902.51
36.52 $ 32.75 $ 5.58 $ 0.59 $ 38.92
54.80 $ 49.11 $ 8.40 $ 0.89 $ 58.40
61.74 $ 54.11 $ 11.26 $ 1.17 $ 66.54
109.62 $ 98.26 $ 16.81 $ 1.75 $ 116.82
Burrtec Waste & Recycling Services
City of Twentynine Palms
Commercial Trash
COMMERCIAL
Service
Component
OTHER FEES
New Start Fee $ 22.67
Re-Start Fee (If container removed) $ 26.99
Re-Start Fee (If container not removed) $ 17.78
Locked Container One time Charge $ 80.77
Returned Check $ 33.82
Temp/Construction 3 yard bin $ 65.28
Temp/Construction 4 yard bin $ 81.63
Graffiti Removal $ 72.43
Steam Cleaning $ 72.43
Bulky Item per-item $ 60.36
Public Service Calls $ 132.30
Every Other Week Service - 2 yard
Additional Service Componentlmo $ 27.51
Every Other Week Service • 3 yard $ 48.71
Commercial 95 Gallon
Monthly Service Component
Monthly disposal Component
Monthly Total $ 27.49
95-gal Commercial Recycling Barrel $ 10.22
Current Rates
Disposal Enviro
Component Fee
$ $
$ $
$ $
$ $
$ $
38.06 3.82
47.61 5.09
$ $
$ $
$ $
$ $
$ 12.14 $ 1.27
$ 17.54 $ 1.90
$ 11.34 $ 0.41
$ $
111124 Rates
Total Total
Monthly Service Disposal Enviro Monthly
Rate Component Component Fee Rate
$ 22.67 $ 22.67 $ $ $ 22.67
$ 26.99 $ 26.99 $ $ $ 26.99
$ 17.78 $ 17.78 $ $ $ 17.78
$ 80.77 $ 80.77 $ $ $ 80.77
$ 33.82 $ 33.82 $ $ $ 33.82
$ 107.16 $ 68.88 $ 38.06 $ 3.82 $ 110.76
$ 134.33 $ 86.43 $ 47.61 $ 5.09 $ 139.13
$ 72.43 $ 72.43 $ $ $ 72.43
$ 72.43 $ 72.43 $ $ $ 72.43
$ 60.36 $ 60.36 $ $ $ 60.36
$ 132.30 $ 132.30 $ $ $ 132.30
$ 40.92 $ 28.71 $ 12.14 $ 1.27 $ 42.12
$ 68.15 $ 50.51 $ 17.54 $ 1.90 $ 69.95
$ 39.24 $ 28.69 $ 11.34 $ 0.41 $ 40.44
$ 10.22 $ 10.54 $ 1.39 $ 0.41 $ 12.34
Burrtec Waste & Recycling Services
City of Twentynine Palms
Commercial Recycle
COMMERCIAL RECYCLE
Service
Component
2 yd Bin
1 x per week $ 51.55
2 x per week $ 101.92
3 yd Bin
1 x per week $ 76.89
2 x per week $ 124.37
3 x per week $ 201.25
4 x per week $ 297.30
5 x per week $ 330.93
6 x per week $ 396.67
4 yd Bin
1 x per week $ 102.33
2 x per week $ 171.75
3 x per week $ 244.34
4 x per week $ 319.18
5 x per week $ 399.60
6 x per week $ 479.16
6 yd Bin
1 x per week $ 113.37
2 x per week $ 270.59
3 x per week $ 362.81
4 x per week $ 529.09
ADDITIONAL CHARGES
2 yd Bin - Extra Empty $ 30.35
3 yd Bin - Extra Empty $ 45.51
4 yd Bin - Extra Empty $ 49.31
6 yd Bin - Extra Empty $ 91.06
Current Recycle Rates
Enviro Net
Fee Recycling
$ 2.55 $ 9.46
$ 5.09 $ 18.93
$ 3.82 $ 14.20
$ 7.63 $ 28.39
$ 11.43 $ 42.59
$ 15.26 $ 56.79
$ 19.06 $ 70.99
$ 22.89 $ 85.18
$ 5.09 $ 18.93
$ 10.17 $ 37.86
$ 15.26 $ 56.79
$ 20.34 $ 75.72
$ 25.43 $ 94.65
$ 30.51 $ 113.58
$ 7.63 $ 28.39
$ 15.26 $ 56.79
$ 22.89 $ 85.18
$ 30.51 $ 113.58
$ 0.59 $ 2.18
$ 0.89 $ 3.28
$ 1.17 $ 4.37
$ 1.75 $ 6.56
1/1/24 Rates
Total Total
Monthly Service Enviro Net Recycling
Rate Component Fee Recycling Rate
$ 63.56 $ 55.88 $ 2.55 $ 9.46 $ 67.89
$ 125.94 $ 110.58 $ 5.09 $ 18.93 $ 134.60
$ 94.91 $ 83.39 $ 3.82 $ 14.20 $ 101.41
$ 160.39 $ 137.36 $ 7.63 $ 28.39 $ 173.38
$ 255.27 $ 220.74 $ 11.43 $ 42.59 $ 274.76
$ 369.35 $ 323.28 $ 15.26 $ 56.79 $ 395.33
$ 420.98 $ 363.41 $ 19.06 $ 70.99 $ 453.46
$ 504.74 $ 435.64 $ 22.89 $ 85.18 $ 543.71
$ 126.35 $ 110.99 $ 5.09 $ 18.93 $ 135.01
$ 219.78 $ 189.07 $ 10.17 $ 37.86 $ 237.10
$ 316.39 $ 270.32 $ 15.26 $ 56.79 $ 342.37
$ 415.24 $ 353.82 $ 20.34 $ 75.72 $ 449.88
$ 519.68 $ 442.90 $ 25.43 $ 94.65 $ 562.98
$ 623.25 $ 531.12 $ 30.51 $ 113.58 $ 675.21
$ 149.39 $ 126.36 $ 7.63 $ 28.39 $ 162.38
$ 342.64 $ 296.57 $ 15.26 $ 56.79 $ 368.62
$ 470.88 $ 401.78 $ 22.89 $ 85.18 $ 509.85
$ 673.18 $ 581.05 $ 30.51 $ 113.58 $ 725.14
$ 33.12 $ 31.35 $ 0.59 $ 2.18 $ 34.12
$ 49.68 $ 47.01 $ 0.89 $ 3.28 $ 51.18
$ 54.85 $ 51.31 $ 1.17 $ 4.37 $ 56.85
$ 99.37 $ 94.06 $ 1.75 $ 6.56 $ 102.37
Burrtec Waste & Recycling Services
City of Twentynine Palms
Commercial Organics
1 /1 /24 Rates
1-35 Gallon Cart
Total
# Pick-Ups Service Disposal Monthly
Per week Component Component Rate
1 $ 46.47 $ 20.81 $ 67.29
1-65 Gallon Cart
Total
# Pick-Ups Service Disposal Monthly
Per week Component Component Rate
1 $ 48.47 $ 41.39 $ 89.86
2 $ 96.91 $ 82.78 $ 179.69
3 $ 145.39 $ 124.18 $ 269.57
4 $ 193.85 $ 165.57 $ 359.42
5 $ 242.31 $ 206.96 $ 449.27
2-65 Gallon Ca.ct
Total
# Pick-Ups Service Disposal Monthly
Per week Component Component Rate
1 $ 79.79 $ 82.78 $ 162.57
2 $ 159.59 $ 165.57 $ 325.16
3 $ 239.38 $ 248.35 $ 487.73
4 $ 319.20 $ 331.14 $ 650.34
5 $ 398.99 $ 413.92 $ 812.91
3-65 Gallon Cart
Total
# Pick-Ups Service Disposal Monthly
Per week Component Component Rate
1 $ 106.84 $ 124.18 $ 231.02
2 $ 226.53 $ 248.35 $ 474.88
3 $ 320.54 $ 372.53 $ 693.07
4 $ 427.39 $ 496.71 $ 924.10
5 $ 534.26 $ 620.88 $ 1,155.14
Burrtec Waste & Recycling Services
City of Twentynine Palms
Commercial Organics
1 /1 /24 Rates
4-65 Gallon Cart
Total
# Pick-Ups Service Disposal Monthly
Per week Component Component Rate
1 $ 125.34 $ 165.57 $ 290.91
2 $ 250.66 $ 331.14 $ 581.80
3 $ 376.02 $ 496.71 $ 872.73
4 $ 501.34 $ 662.27 $ 1,163.61
5 $ 626.71 $ 827.84 $ 1,454.55
Extra Pickup Total
# of Carts Service Disposal Monthly
Per Pick u� Component Component Rate
1 $ 14.21 $ 10.35 $ 24.56
2 $ 26.66 $ 20.70 $ 47.36
3 $ 36.02 $ 31.04 $ 67.06
4 $ 48.02 $ 41.39 $ 89.41
5 $ 60.02 $ 51.74 $ 111.76
Additional Cart after 4 Carts Per Week
Total
# of Carts Service Disposal Monthly
Per Pick-Up Component Component Rate
1 $ 37.06 $ 41.39 $ 78.45
2 $ 74.06 $ 82.78 $ 156.84
3 $ 111.16 $ 124.18 $ 235.34
4 $ 148.24 $ 165.57 $ 313.81
5 $ 185.30 $ 206.96 $ 392.26
Burrtec Waste & Recycling Services
City of Twentynine Palms
Roll off
Per Pull
Rate
12 yard - 2 tons $ 96.59
20 Yards - 3 tons $ 168.37
30 Yards - 4.5 tons $ 168.37
40 Yards - 5.5 tons $ 168.37
Current Rates
Enviro Disposal
Fee PerTon
$ 11.74 $ 62.04
$ 11.74 $ 62.04
$ 11.74 $ 62.04
$ 11.74 $ 62.04
Note - Organic Disposal will be charged at actual per-ton charged plus pull charge Loads containing C&D (construction
debrids) are charged an additional
per pull:
Concrete Washout
10 cubic yard box Delivery
Load
Pump
$ 234.87 $
$ 117.34 $
$ 96.59 $
$ 129.10 $
11.74 11.74
11.74 11.74
Minimum
Rate
$ 232.41
$ 366.22
$ 459.28
$ 521.32
$ 246.61
$ 129.08
$ 108.33
$ 140.84
1/1/24 Rates
Per Pull Enviro
Rate Fee
$ 126.59 $ 11.74
$ 198.37 $11.74
$ 198.37 $11.74
$ 198.37 $ 11.74
$ 264.87 $ 11.74
$ 147.34 $ 11.74
$ 126.59 $11.74
$ 1 59 .1 0 $ 11 . 7 4
Disposal
$ 62.04
$ 62.04
$ 62.04
$ 62.04
Minimum
Rate
$ 262.41
$ 396.22
$ 489.28
$ 551.32
$ 276.61
$ 159.08
$ 138.33
$ 170.84
384/014122-0007
19093597.7 a08/03/23 Page 28
EXHIBIT B
EXHIBIT B AS REVISED BY THE SECOND AMENDMENT
CONTAINER SPECIFICATIONS
• All Containers utilized by Contractor shall meet the standards of the industry and shall perform to the reasonable satisfaction of the City Manager in order to be utilized in City. Container sizes specified within this Agreement may vary by manufacturer type and specifications up to 10% more or less in volume than that identified.
• Each Container used for the Collection of Refuse, Organic Waste, and Recyclable Material distributed in City after the Operative Date shall be labeled in English and Spanish and with graphics so as to: (1) explain/depict the items designated to be Collected in the Container, and (2) identify the name of Contractor and Contractor's phone number for service related issues, including complaints. • Any Cart distributed by Contractor in City after the Operative Date shall be newly manufactured and have never previously been used for the Collection of Solid Waste; excepting that Carts which have been refurbished such that they are “like new” may be used so long as their condition is satisfactory as determined by the City Manager
• Upon the Operative Date, and at all times thereafter during the Term, all Containers used by Contractor shall comply with the requirements of the Applicable Laws. • Contractor shall develop an assessment criteria that shall be approved by the City Manager whereby each Container shall meet one of two criteria “acceptable condition” or “poor condition.” Contractor shall perform an ongoing assessment of all Containers distributed in the City, on at least an annual basis, and any Container that is found to be in the “poor condition” category shall be replaced within 60 days. If at any time a Customer complains that the condition of its Container is unsatisfactory, Contractor shall replace such Customer’s Container within 60 days (although Contractor shall not be required to do so if, as determined by the City Manager, the Customer’s Container is in an “acceptable condition” and the Customer is being unreasonable.)
EXHIBIT D
APPROVED FACILITIES
Approved
Facility Type Required Facility Information
Approved Transfer
Facility(ies)
Facility Name: 29 Palms Transfer Station
• Address: 7501 Pinto Mountain Road Twentynine Palms, CA, 92277 • Operator: County of San Bernardino
• SWIS Number: SWIS 36-AA-0390
• Facility Type: TS
• Material Type(s): MSW
Facility Name: Yucca Valley TS
• Address: Corner Sunnyslope Drive and Indio Ave Yucca Valley, CA 92284 • Operator: Burrtec Waste & Recycling Services
• SWIS Number: SWIS 36-AA-0494
• Facility Type: TS
• Material Type(s): Source Separated Recyclable Materials, Yard Waste , Food Waste, Source Separated Organic Materials , MSW
• (If Applicable) Transfer Facility: Transfer/Recycling Designated Disposal
Facility(ies)
Facility Name: Landers Sanitary Landfill
• Address: 59200 Winters Road, Landers, CA 92285
• Operator: County of San Bernardino
• SWIS Number: SWIS 36-AA-0057
• Facility Type: Landfill
• Material Type(s): MSW
Facility Name: Mid-Valley Sanitary Landfill
• Address: 2390 N. Alder Avenue, Rialto, CA 92377
• Operator: County of San Bernardino
• SWIS Number: 36-AA-0055
• Facility Type: Landfill
• Material Type(s): MSW
Facility Name: Victorville Sanitary Landfill
• Address: 18600 Stoddard Wells Road, Victorville, CA 92307 • SWIS Number: SWIS 36-AA-0045
• Facility Type: Landfill
• Material Type: MSW
Approved
Facility Type Required Facility Information
Approved C&D Facility(ies) Facility Name: Desert Recycling Inc. • Address:27105 Sierra Del Sol Thousand Palms, CA, 92276 • Operator: Mehring, Bob
• SWIS Number: SWIS 33-AA-0309
• Facility Type: Materials Recovery Facility and TS
• Material Type(s): Inert Debris Type A Processing
Facility Name: Hi-Grade Materials Co.
• Address: 17671 Bear Valley Road Hesperia, CA, 92345
• Operator: Hi-Grade Materials Co.
• Swis Number:
• Facility Type: Concrete Recycling
• Material Type: Concrete Recycling
Approved Organic Materials
Processing Facility(ies)
Facility Name: Edom Hill Compost
• Address: 67780 Edom Hill Road, Cathedral City, CA 92235 • Operator: Burrtec Waste Industries, Inc
• SWIS Number: SWIS 33-AA-0376
• Facility Type: Composting Site
• Material Type(s): Organic Materials
Facility Name: Victor Valley Regional Composting Fac.
• Address: 20055 Shay Rd. Victorville, CA, 92392
• Operator: American Organics
• SWIS Number: SWIS 36-AA-0403
• Facility Type: Composting site
• Material Type(s): Organics
Approved Recyclable
Materials Processing Facility
Facility Name: Victor Valley MRF & Transfer Station
• Address: 17000 Abby Lane, Victorville, CA, 92392
• Operator: Burrtec Waste Industries, Inc.
• SWIS Number: SWIS 36-AA-0346
• Facility Type: Materials Recovery Facility and TS
• Material Type(s): Source Separated Recyclable Materials, Yard Waste , Food Waste, Source Separated Organic Materials , MSW
Approved
Facility Type Required Facility Information
Facility Name: Robert A Nelson Transfer Station & MRF
• Address: 1830 Agua Mansa Rd, Riverside, CA 92509
• Operator: Agua Mansa MRF, LLC
• SWIS Number: SWIS 33-AA-0258
• Facility Type: Materials Recovery Facility and TS
• Material Type(s): Source Separated Recyclable Materials , MSW • (If Applicable) Transfer Facility: Transfer/Recycling Facility Name: West Valley Materials Recvr’y
• Address: 13373 Napa Street, Fontana, CA, 92335
• Operator: West Valley Recycling and Transfer
• SWIS Number: 36-AA-0341
• Facility Type: Transfer/ Processing
• Material Type(s): Source separate recyclables
Approved Reusable
Materials Processing Facility
Facility Name: N/A
• Address: N/A
• Operator: N/A
• SWIS Number: N/A
• Facility Type: N/A
• Material Type(s): N/A
(If Applicable) Transfer Facility: N/A
EXHIBIT E
SB 1383 IMPLEMENTATION, OUTREACH AND EDUCATION PLAN