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HomeMy WebLinkAbout06 AUTHORIZATION TO SOLICIT REQUEST FOR PROPOSALS FOR SOLID WASTE SERVICES• Agenda Item 6 AGENDA REPORT Reviewed: City Manager */00P Finance Director N/A MEETING DATE: MARCH 20, 2018 TO: JEFFREY C. PARKER, CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: AUTHORIZATION TO SOLICIT REQUEST FOR PROPOSALS FOR SOLID WASTE COLLECTION SERVICES AND FIFTH AMENDMENT TO CONTRACT WITH CR&R INCORPORATED FOR SOLID WASTE AND RECYCLING SERVICES SUMMARY The current contract with CR&R Incorporated (CR&R) for both residential and commercial solid waste services will expire on September 30, 2018. Pursuant to the City's Purchasing Policy staff has prepared a Request for Proposals (RFP) for new solid waste services. CR&R has agreed to extend the current contract through March 31, 2019 to ensure the City has sufficient time to solicit and review proposals and award a new contract. RECOMMENDATION It is recommended that the City Council: 1. Approve the Fifth Amendment to the Contract for the Collection, Transportation and Disposal of Municipal Solid Waste and for the Collection, Transportation, Processing and Diversion of Recyclable Materials; 2. Authorize the Mayor and City Clerk to execute the amendment on behalf of the City; 3. Approve the attached Request for Proposals for the Collection, Transportation, Processing and Diversion of Recyclable Materials, Food Scraps, Yard Trimmings, Wood, Construction and Demolition Debris and other materials and for Collection, Transportation and Disposal of Municipal Solid Waste; 4. Authorize the Director of Public Works/City Engineer to make non substantive changes to the RFP and its attachments; and 5. Authorize staff to solicit proposals. FISCAL IMPACT There is no immediate fiscal impact to the City associated with the recommended actions. The RFP includes a Regulatory Compliance Fee that is to be collected from the hauler annually. The fee has been set for $210,000 during the first year of the contract and will be adjusted annually per a formula prescribed in the contract. RFP for Solid Waste Collection Services and Contract Extension March 20, 2018 Page 2 CORRELATION TO THE STRATEGIC PLAN This item contributes to the fulfillment of the City's Strategic Plan Goal C, Financial Strength, specifically addressing Strategy 1, by outsourcing services to the private sector in a competitive way to obtain the lowest possible rates for the community. BACKGROUND CR&R Contract Extension On May 1, 2007 the City Council awarded a contract to CR&R Incorporated to provide residential and commercial solid waste services for the City of Tustin. The initial term of the agreement was seven years, from June 13, 2007 to September 30, 2014, with three possible one-year extensions that were administered by staff. In anticipation of the contract expiration, staff began developing a RFP for new solid waste collection services. On June 6, 2017, the City Council approved Amendment No. 4 to the contract with CR&R extending the term of the agreement through September 30, 2018 to provide time for the evaluation of new mandatory recycling regulations that were in the early stages of the rulemaking process and to formulate new RFP/contract language and expanded services to ensure the City's next 10 -year contract adequately addresses all foreseeable State requirements. While some of the requirements still have not been formally established, several workshops have taken place to communicate the draft regulations to stakeholders. Several revisions have been made and the regulations in their current draft form are not expected to change significantly once adopted. With the RFP complete, staff has prepared a schedule for the process and believes a start date of April 1, 2019 provides sufficient time for the evaluation of the proposals and will afford the selected waste hauler the lead time necessary to acquire new collection vehicles. In order to ensure solid waste and recycling services are not disrupted, a contract amendment extending the term of CR&R's contract through March 31, 2019 is recommended. Section 4320 of the Tustin City Code allows for a three-year contract extension to accommodate the completion and implementation of the competitive process and to ensure a seamless transition between providers as may be necessary or desirable. Request for Proposals The development of the RFP was guided foremost by changes in State law pertaining to solid waste management and the City's service needs. State Mandates In 1989, the State passed Assembly Bill 939 (AB 939), which requires cities to reduce waste by 50% from landfills. In 2008, the State passed Senate Bill 1016 (SB 1016) which modified the AB 939 calculations to include annual disposal amounts instead of calculated diversion rates. In order to determine compliance with AB 939, SB 1016 now focuses on the number of S:\City Council Items\2018 Council Items\03-20-2018\Solid Waste RFP and CRR Extension\RFP Approval and Amendment to CR&R Contract.docx RFP for Solid Waste Collection Services and Contract Extension March 20, 2018 Page 3 programs that a City implements instead of relying solely on calculated disposal to determine compliance. Currently, the City has a relatively high number of implemented programs and is meeting the required AB 939 diversion rate, as modified by SB 1016; however, the State is planning to discontinue some of the activities that the City currently uses and will require the City to implement more programs. In October 2011, Governor Brown signed into law Assembly Bill 341 (AB 341) requiring businesses that currently have four cubic yards or more of weekly garbage service, and all multi -family complexes with five or more units, to subscribe to recycling services. AB 341 also adopted a policy goal that includes a 75% statewide waste diversion rate by 2020. Currently approximately 69% of commercial accounts and 58% of multi -family accounts are compliant. Assembly Bill 1594 (AB 1594) was signed into law on September 28, 2014. The bill eliminates the use of green material as alternative daily cover at landfills. AB 1594 removes the definition of green waste as a beneficial use at the landfill and defines it as regular solid waste, thus counting against the City's diversion calculations. As a result, this will eliminate the diversion credit Tustin currently receives for the use of approximately 7,000 tons of green waste used to cover the trash in landfills annually. This regulation takes effect on January 1, 2020. The Mandatory Organics Recycling Law (AB 1826) was also signed into law on September 28, 2014 and requires that businesses arrange for recycling services for the following types of organic waste: food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food -soiled paper. Multifamily complexes must arrange for recycling services for the same material with the exception of food waste and food -soiled paper. Most organic waste is recyclable through methods such as composting, mulching, anaerobic digestion and co -digestion within a wastewater treatment facility. Senate Bill 1383 (SB 1383) was signed into law on September 19, 2016. The law established targets to achieve a 50% reduction in the level of statewide disposal of organic materials by 2020 and a 75% reduction by 2025. Both CalRecycle and the California Air Resources Board have been assigned as regulatory and enforcement agencies and are involved in the informal rulemaking process, which is currently underway. SB 1383 will have significant impacts on solid waste management throughout the State. This is one of the first municipal contracts out for competitive bidding that will account for SB 1383. The proposed RFP is responsive to the legislation listed above. In anticipation of new requirements, the RFP is introducing mechanisms by which the City can implement new programs, if necessary. The RFP allows haulers to provided pricing for a variety of services and processing methods that may be necessary in the future given the State's direction in current legislation. Using this approach, the City would be able to select any programs required to meet State requirements at a future time without necessarily modifying the contract or increasing costs beyond those provided in a competitive RFP process. S:\City Council Items\2018 Council Items\03-20-2018\Solid Waste RFP and CRR Extension\RFP Approval and Amendment to CR&R Contract.docx RFP for Solid Waste Collection Services and Contract Extension March 20, 2018 Page 4 DISCUSSION The RFP is included, in its entirety, as an Attachment to this report. Below is a discussion of some of the more significant items included in the proposed RFP and associated contract. Proposed Term of Contract The proposed term of the contract was designed to achieve compliance with State requirements and flexibility related to recently adopted legislation. The contract includes an initial eight-year term, April 1, 2019, through March 31, 2027, with two (2) one-year extensions based on performance. The Waste Hauler must successfully implement programs identified in Phases 1 and 2 in order to earn extension(s). The requirements for the Phase 1 and 2 contract extensions are identified below. Phase 1 of the proposed RFP requires the Waste Hauler to: 1. Implement recycling for all multi -family and commercial accounts to ensure full AB 341 compliance, 2. Implement food waste collection at all commercial accounts to ensure AB 1826 compliance, 3. Implement residential food waste/organics collection with less than 10% contamination. Successful implementation of this program would enable the hauler to be eligible for the first one-year extension to March 31, 2028. The selected Waste Hauler must complete Phase 1 on, or before, March 31, 2022. Failure to implement this program would not preclude the Waste Hauler from being eligible for a subsequent one-year extension, as the phases are distinctly separate from one another. Phase 2 of the proposed RFP requires the Waste Hauler to: 1. Implement food waste collection at all multi -family accounts to ensure full AB 1826 compliance, 2. Demonstrate that all recycling programs have less than 10% contamination. The Waste Hauler must complete Phase 2 no later than December 31, 2024. The successful implementation of this phase would enable the hauler to be eligible for the second one-year extension to March 31, 2029. Recycling The RFP requires that the Waste Hauler provide two Recycling Coordinators to perform outreach to both residential and commercial customers to ensure compliance with all solid waste mandates. Outreach efforts would focus on educating residents and businesses on the benefits of recycling to increase the number of recycling accounts. Based on past efforts and the actual time required to implement recycling programs in Tustin, it has been determined S:\City Council Items\2018 Council Items\03-20-2018\Solid Waste RFP and CRR Extension\RFP Approval and Amendment to CR&R Contract.docx RFP for Solid Waste Collection Services and Contract Extension March 20, 2018 Page 5 that having a minimum of two full-time Recycling Coordinators will be needed to meet the requirements of current legislation and thus the two (2) extensions. To receive the Phase 1 extension identified in the RFP, the hauler must implement approximately 300 recycling programs at businesses and multi -family complexes and 260 food scrap programs at restaurants. To receive the Phase 2 extension, the hauler must implement approximately 200 organics programs at multi -family complexes. Based on the number of accounts in need of one or more recycling programs, it is unlikely the necessary recycling programs can be implemented with less than two full time recycling coordinators. A separate Customer Service Liaison is also required. This position will be the City's point of contact for customer service related issues as well as the individual who prepares all contractually required reports and acts as administrative support between the City and the Haulers operations team. This position is being required so the two full time recycling coordinators spend their time assisting customers rather than completing administrative tasks. Residential Collection Services Residential collection services would remain the same with the following exceptions: ■ Tiered rate structure for trash "pay as you throw" - residents have the option to select between 35, 65, or 95 -gallon containers with variable rates. ■ Establish options for a food scrap recycling program that can be triggered by the City to meet State mandates in SB 1383. ■ Provide for the collection of sharps at no charge. ■ Provide four curbside bulky item collections per year at no charge. ■ Provide two Household Hazardous Waste Collection events per year. Commercial and Business Collection Services Services for commercial and business collection, including restaurants, would remain similar to those in the current contract. Businesses would see an increased emphasis on recycling and an increase in support from the hauler and the City in reducing their costs through recycling. Restaurants generate a tremendous amount of heavy food waste, which is one of the State's areas of emphasis for reducing waste. Proposed Rate Structure The proposed rate structure is similar to the City's existing contract with CR&R, by which pricing is obtained for numerous residential and commercial services. Specific to commercial service, recycling will be incentivized through pricing and support of the hauler in the form of outreach and staff training. S:\City Council Items\2018 Council Items\03-20-2018\Solid Waste RFP and CRR Extension\RFP Approval and Amendment to CR&R Contract.docx RFP for Solid Waste Collection Services and Contract Extension March 20, 2018 Page 6 Single Contract The proposed contract continues the City's practice of including both residential and commercial services. This allows the City to administer solid waste management activities occurring in the community in a cost-effective manner. Proposal Process Integrity Rules In order to ensure a fair RFP process the RFP includes Process Integrity Rules to govern interactions between the Proposers, the City, and the City's representatives during the process. From the date the City Council authorizes the issuance of the RFP, until the City Council awards a contract, all contacts between proposers and the City shall be through the City's RFP Coordinator. Any attempt by a proposer or its representatives, to contact any other City personnel (including any elected or appointed official of the City or City's consultant), that mentions or discusses any subject matter related to the RFP is grounds for disqualification. All proposers will be required to attend a Mandatory Pre -Proposal Meeting. At this meeting, any proposer wishing to continue in the process will be required to sign a form acknowledging their understanding of the Process Integrity Rules and the grounds for disqualification. Proposed Schedule The proposed schedule for the solicitation and selection process is as follows: City Council Approval of RFP..................................................................March 20, 2018 Mandatory Pre -Proposal Meeting............................................................April 2, 2018 Written Questions Due to City.................................................................April 20, 2018 Written Response to All Questions Issued by City ..................................May 4, 2018 ProposalsDue.........................................................................................May 25, 2018 Evaluation of Proposals Begins...............................................................June 1, 2018 City Council Award of Contract (Tentative) .............................................August 21, 2018 New Contract Begins..............................................................................April 1, 2019 �. StacK, KE. r of Public Works/City Engineer St_"A hpt acey Cue s Public Works Manager Attachments: 1. Fifth Amendment to Contract with CR&R Incorporated 2. Proposed Request for Proposals for Solid Waste and Recycling Services S:\City Council Items\2018 Council Items\03-20-2018\Solid Waste RFP and CRR Extension\RFP Approval and Amendment to CR&R Contract.docx ATTACHMENT 1 FIFTH AMENDMENT TO CONTRACT WITH CR&R INCORPORATED FIFTH AMENDMENT TO CONTRACT FOR THE COLLECTION, TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE AND FOR THE COLLECTION, TRANSPORTATION, PROCESSING AND DIVERSION OF RECYCLABLE %. MATERIALS THIS FIFTH AMENDMENT TO CONTRACT FOR THE COLLECTION, TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE AND FOR THE COLLECTION, TRANSPORTATION, PROCESSING AND DIVERSION OF RECYCLABLE MATERIALS ("FIFTH AMENDMENT") is entered into as of the _ day of March, 2018, by and between the CITY OF TUSTIN, a municipal corporation ("City") and CR&R INCORPORATED, a California corporation ("Contractor"). RECITALS City and Contractor are parties to that certain Contract for Collection, Transportation, and Disposal of Municipal Solid Waste and for the Collection, Transportation, Processing and Diversion of Recyclable Materials, entered into on June 13, 2007, as amended by that certain Amendment Number One, dated on or about April 6, 2010, that certain Second Amendment, dated on or about August 5, 2014, that certain Third Amendment, dated on or about April 7, 2015, and that certain Fourth Amendment, dated' on or about July 7, 2017 (hereinafter collectively referred to as the "Contract"). 2. The Term of the Contract ends on September 30, 2018, 3. The City and Contractor mutually desire to extend the Term of the Contract for an additional six (6) month period, through March 31, 2019, on the same terms and conditions. NOW, THEREFORE, in consideration of the mutual promises contained in this FIFTH AMENDMENT, and for other good and valuable consideration, the parties agree as follows: Section 1. . Section 3.02 "Term" is amended to read as follows: "3.02 Term. The Term of this Contract shall commence on the Effective Date and shall end at midnight on March 31, 2019, unless earlier terminated. Contractor's obligation to collect Municipal Solid Waste and Recyclable Materials shall begin on October 1, 2007 at 12:01 a.m." Section 2. Except as expressly modified by this Fifth Amendment, all terms and conditions contained in the Contract shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] ATTACHMENT 2 PROPOSED REQUEST FOR PROPOSALS FOR SOLID WASTE AND RECYCLING SERVICES REQUEST FOR PROPOSALS For the Collection, Transportation Processing and Diversion of Recyclable Materials and Other Materials and For the Collection, Transportation and Disposal of Municipal Solid Waste Issued By: The City of Tustin 300 Centennial Way Tustin, California 92780 March 2018 -1- 1 PROJECT OVERVIEW......................................................................................................................4 1.1 INTRODUCTION................................................................................................................................... 4 1.2 Organization of this Request for Proposal................................................................................4 1.3 GENERAL REQUIREMENTS.............................................................................................................. 5 1.3.1 Electronic Submittal......................................................................................................................................................... 5 1.3.2 Paper Submittal.................................................................................................................................................................. 5 1.3.3 Signature and Authority................................................................................................................................................. 6 1.3.4 Cost for Preparation of Proposals/Ownership of Proposals/Reimbursement to the City for RFP PreparationServices........................................................................................................................................................ 6 1.3.5 Proposals Are Subject to California Public Records Act................................................................................... 7 1.3.6 Rights Reserved by the City........................................................................................................................................... 8 1.4 KEY DATES............................................................................................................................................ 8 1.4.1 Mandatory Pre -Submittal Conference...................................................................................................................... 9 1.4.2 Submission Deadline and Address............................................................................................................................. 9 1.5 PROPOSAL PROCESS INTEGRITY RULES.................................................................................. 10 1.5.1 Rules To Be Followed By All Proposers.................................................................................................................10 2 PROJECT BACKGROUND.............................................................................................................12 2.1 DISCLAIMER FOR INFORMATION PROVIDED BY CITY.......................................................12 2.2 EXISTING SOLID WASTE AND RECYCLING SYSTEM.............................................................12 2.2.1 Solid Waste Collection...................................................................................................................................................13 2.2.2 Single -Family Residential Diversion Programs..................................................................................................15 2.2.3 Multifamily Diversion Programs...............................................................................................................................16 2.2.4 Commercial Diversion Programs..............................................................................................................................16 2.2.5 Construction/Demolition Diversion Programs..................................................................................................19 2.2.6 Other Diversion Programs...........................................................................................................................................20 2.2.7 Bulky Item Collection.....................................................................................................................................................20 2.2.8 Collection Fleet and Routing.......................................................................................................................................21 2.2.9 Recycling Coordinators Estimated Work Effort.................................................................................................21 2.2.10 Tustin Legacy Build Out Plan................................................................................................................................23 3 TECHNICAL REQUIREMENTS....................................................................................................25 3.1 TECHNICAL REQUIREMENTS....................................................................................................... 25 3.1.1 Contract................................................................................................................................................................................25 3.1.2 Diversion Collection Services.....................................................................................................................................25 3.1.3 MSW Collection Services..............................................................................................................................................29 3.1.4 Processing Facilities.......................................................................................................................................................30 3.1.5 Diversion Requirement.................................................................................................................................................31 3.1.6 New Containers to be Provided.................................................................................................................................32 3.1.7 Alternative Fuel Vehicles..............................................................................................................................................32 3.1.8 Customer Service and Billing......................................................................................................................................33 3.1.9 Two (2) Full Time Recycling Coordinators and One (1) Full-time City Liaison...................................33 3.1.10 Complete Description of All Proposed Diversion Programs...................................................................33 3.1.11 Use of Innovation in Implementation of Diversion Services..................................................................34 3.1.12 Edible Food Donation Programs - Not Included in Scope of Work.....................................................35 4 BUSINESS ARRANGEMENTS......................................................................................................36 4.1 COMPENSATION TO CONTRACTOR........................................................................................... 36 4.2 LIQUIDATED DAMAGES................................................................................................................. 37 -2- 4.3 ADJUSTMENTS TO COSTS.............................................................................................................. 37 4.3.1 Rates and Costs To Be Proposed In April 2019 Dollars..................................................................................38 4.4 BONDS, INSURANCE AND GUARANTY....................................................................................... 38 5 PROPOSAL REQUIREMENTS AND EVALUATION.................................................................. 39 5.1 EVALUATION PROCESS.................................................................................................................. 39 5.1.1 Review of Proposals For Responsiveness To RFP.............................................................................................39 5.1.2 Evaluation...........................................................................................................................................................................39 5.1.3 AB 1669................................................................................................................................................................................40 5.2 PROPOSAL EVALUATION CRITERIA.......................................................................................... 40 5.3 PROPOSAL FORMS........................................................................................................................... 46 5.4 CITY COUNCIL AWARD OF CONTRACT..................................................................................... 46 5.5 PROPOSAL FORMS........................................................................................................................... 47 6 CONTRACT AND ATTACHMENTS............................................................................................. 48 7 APPENDICIES TO REQUEST FOR PROPOSALS...................................................................... 49 -3- PROJECT OVERVIEW 1.1 INTRODUCTION The City of Tustin ("the City") is seeking proposals from qualified firms to provide municipal solid waste and divertable materials collection, disposal, and transportation services. The City's existing Contract with CR&R Environmental Services Inc. (CR&R) terminates March 31, 2019. The City is requesting proposals to provide collection, transportation and disposal of municipal solid waste and the collection, transportation, processing and diversion of recyclable materials, yard trimmings, food scraps, and other materials for an eight (8) year period beginning April 1, 2019 and terminating March 31, 2027 with the possibility of two (2) one-year extensions based on the Contractor's attainment of performance measures. The schedule for this procurement process is as follows: Action Date RFP Issued March 20, 2018 Mandatory Pre -Submittal Conference April 2, 2018 Last Day for Written Questions on RFP/Draft Contract to be Submitted to City April 20, 2018 Written Responses to Final Questions Issued by City May 4, 2018 Proposals Due May 25, 2018 Review of Proposals for Responsiveness to RFP per Section 5.1.1 of RFP June 1, 2018 Evaluate all responsive proposals (may include interview with Ad Hoc Committee) June 1 - July 6, 2018 City Council Awards Contract August 21, 2018 Collection Operations Begin Under New Contract April 1, 2019 1.2 Organization of this Request for Proposal This document is organized into the following sections: M • Section 1 summarizes the general requirements for participating in the Request For Proposal (RFP) Process. • Section 2 provides background information on the City and its waste stream. • Section 3 summarizes the scope of services to be provided and certain technical requirements. • Section 4 describes the business arrangements, including Contractor's compensation. • Section 5 describes the specific information required in the proposal, provides the forms to be used for submission, and summarizes the evaluation process. • Section 6 contains the Contract that the City will enter into with the selected firm. The Contract includes Attachments A -KK, which appear at the end of the Contract. • Section 7 contains the Appendices to this Request For Proposals that provide additional background information on the Tustin solid waste and recycling system as described in Section 2. 1.3 GENERAL REQUIREMENTS The Proposer shall submit electronic and printed versions of the Proposal and forms that are complete and contain a substantial level of detail to allow adequate evaluation on a technical and financial basis by the City. 1.3.1 Electronic Submittal The Proposer shall submit an electronic version of the Proposal and forms. The proposal forms will be completed in the following programs: Microsoft Word, Excel and Adobe Acrobat. The electronic version shall be submitted in the form of USB thumb drive included in the proposal package submitted to the City. 1.3.2 Paper Submittal The Proposer shall submit one (1) original (signed) and nine (9) signed copies of the proposal in its entirety, including all Proposal Forms, Appendices, Exhibits, and other requirements as specified herein. The Proposal shall be typed or printed (1-1/2- or double-spaced) on 8 -1/2 -by -11 -inch paper containing 100% post -consumer recycled content. The original shall be unbound and photocopy ready. The copies shall be appropriately bound and may contain preprinted and photographic material at the option 5 of the Proposer. Any oversize documents must be folded to size and secured in the proposal. 1.3.3 Signature and Authority The Proposal must be signed on Proposal Form 1 by an officer of the corporation, principal, company partner, or other duly authorized person or persons with the legal authority, under California law, to make the commitments required by this Request for Proposals, including the Contract in Section 6 of this RFP. If a Limited Partnership submits the Proposal, the name and address of the partnership, a list of all partners, and the signature of one general partner must be provided. If made by a corporation, the Proposal must indicate the name and state or country under which the corporation is incorporated, and the name, address, and federal tax identification number of the corporation. If a corporation makes the Proposal, and it is not signed by two officers as required by California law, a certified copy of the appropriate section of the bylaws, or a resolution of the Board of Directors of the corporation shall be furnished showing the authority of the officer who has signed the Proposal and Proposal forms to execute contracts on behalf of the corporation. If the Proposal is made by a joint venture, a copy of the joint venture agreement, and the name, address, and organizational status of each of the joint venture partners must be provided. Where a joint venture is composed of one or more partnerships, corporations, or other entities, the information specified in this paragraph must be provided for each entity. 1.3.4 Cost for Preparation of Proposals/Ownership of Proposals/Reimbursement to the City for RFP Preparation Each Proposal submitted in response to this Request for Proposals shall be prepared at the sole cost and expense of the Proposer with the understanding that no claims for reimbursement of such costs against the City of Tustin will be accepted. All Proposals will become the property of the City and, except for portions marked confidential, and will not be returned to the Proposer. PLEASE NOTE: Per Section 3.04 A 6 of the Contract, upon selection, the successful Proposer will be required to reimburse the City $300,000 for development of the RFP and conducting the RFP and evaluation process. Il 1.3.5 Proposals Are Subject to California Public Records Act It is the City's understanding of current California case law that all proposals received in response to the RFP can remain confidential and not be disclosed under the California Public Records Act (Government Code Section 6250 et sec..) until a final Contract Agreement is executed with the selected proposer. After execution of the final Contract Agreement, information submitted to the City by Proposers is subject to possible compulsory disclosure by the City upon request from any member of the public (including other Proposers) under the California Public Records Act, Government Code Section 6250 et sec.. The City recognizes that some Proposers may consider some information which is called for in the Request for Proposals, or which may be required to be submitted in subsequent stages of the evaluation and selection process, to be a trade secret or otherwise proprietary. Materials that a Proposer believes are a trade secret or proprietary must be clearly marked, on each page, as "CONFIDENTIAL" and submitted separately in an envelope clearly marked with the Proposer's name and stamped "CONFIDENTIAL." Proposers may designate ONLY Proposal Form 22 as confidential. If any other forms are nevertheless so designated, the City may either ignore the designation or consider the Proposal as nonresponsive. Except as required by State Law, the City will not voluntarily disclose materials so marked "Confidential" to persons other than City officers, employees, attorneys, and consultants involved in evaluating the Proposals received or otherwise assisting the City in this procurement. If the City receives a request from a third party to review and/or copy material marked as "CONFIDENTIAL" it will inform the Proposer that submitted the material. If the City determines that the material requested is not entitled to an exemption under the Public Records Act, and that it must be released, the City will advise the Proposer of that determination. If the City determines that the material is entitled to an exemption under the Public Records Act, and the person who requested the material files a lawsuit seeking its release, the City will advise the Proposer and will not oppose a motion by the Proposer to intervene in the action. 7 No Proposer will seek damages against the City or recovery of its attorneys' fees from the City, as a result of any dispute related to the release of information submitted in response to this Request for Proposals, whether the Proposer is seeking release of another Proposer's information or is opposing a third party's request for release of its material. Material that has been marked, as "CONFIDENTIAL" will be returned to all unsuccessful Proposers once the Contract has been signed with the selected Proposer. By submitting a Proposal, Proposers agree to all of the foregoing provisions. 1.3.6 Rights Reserved by the City The City reserves the right, in its sole discretion, to pursue any or all of the following actions in regard to this Request for Proposal: • Issue addenda to the Request for Proposals. • Request additional information and/or clarification from the Proposers. • Permit the timely correction of errors or waive irregularities. • Reject any or all Proposals. • Issue subsequent Requests for Proposals based on refinements of concepts proposed in response to the Request for Proposals. • Withdraw this Request for Proposals. • Extend the time for submittal of Proposals. • Negotiate prices and terms with one or more Proposers. • Take whatever other action it deems in its interest. This request for Proposals does not obligate the City to accept any Proposal, negotiate with any Proposer, award a Contract, or proceed with the development of any programs or projects described in response to this Request for Proposal. 1.4 KEY DATES The following sections provide a description of the mandatory pre -submittal conference and the key dates for the RFP process. 3 1.4.1 Mandatory Pre -Submittal Conference A mandatory Pre -Submittal Conference will be held on April 2, 2018, at 1 p.m., in the City Council Chambers, Tustin City Hall, 300 Centennial Way, Tustin, California. The Conference will include a general presentation about the Request for Proposals document, and a Question and Answer session on the RFP and the Contract. Proposers may submit questions in writing to the City's RFP Coordinator in advance of the Pre -Submittal Conference. The City will respond to as many questions as possible at the Conference. If there are questions that cannot be answered at the Conference, the City will provide responses in an Addendum to the RFP. All questions raised during the Pre -Submittal Conference, as well as those that require follow-up, will be answered by the City via written Addendum no later than 5:00 P.M. on May 4, 2018. Attendance at the April 2, 2018 pre -submittal conference is mandatory for all Proposers. Failure to attend will result in the disqualification of the Proposer. Pursuant to the RFP Process Integrity Rules in RFP Section 1.5, Proposers shall direct all questions about the RFP and/or the RFP process in writing (or by email) to the City's RFP Coordinator. The RFP Coordinator is: Stacey Cuevas Public Works Manager Public Works Department City of Tustin 300 Centennial Way Tustin, California 92780 Telephone: (714) 573-3037 Email: scuevas@tustinca.org 1.4.2 Submission Deadline and Address Sealed proposals shall be received by the City, in the office of the City Clerk, no later than 3:00 p.m., Local Time, on May 25, 2018 addressed as follows: ATTN: City Clerk City of Tustin 300 Centennial Way Tustin, California 92780 E Proposals received after the deadline will be returned unopened and will not be considered. Postmarks will not be accepted as proof of receipt. 1.5 PROPOSAL PROCESS INTEGRITY RULES 1.5.1 Rules To Be Followed By All Proposers In order to ensure a fair RFP process the City Council has established Process Integrity Rules to govern interactions between the Proposers, the City, and the City's representatives during the process. All Proposers shall strictly adhere to the following rules: 1. The City Council has appointed two members as an Ad Hoc Subcommittee to facilitate the proposal evaluation process and advise the City Council with regard to the evaluation process and Proposer selection. Proposals will be evaluated by the Ad Hoc Subcommittee with input and analysis from City administrative staff and technical consultants. 2. From the date that the City Council authorizes the issuance of the Request for Proposals (RFP), March 20, 2018, until the City Council awards a contract, all contacts between Proposers and the City shall be through the City's RFP Coordinator, Stacey Cuevas. Contact information for the RFP Coordinator is contained in Section 1.4.1 of the RFP. Any attempt to contact, or any contact made, by a Proposer or its representatives to any other City personnel, including any elected or appointed official of the City, that mentions or discusses any subject matter related to this RFP is grounds for disqualification of the Proposer from the process. A Proposer is any person, company, other organization or entity that may submit a proposal to the City pursuant to the RFP. 3. All Proposer questions shall be submitted in writing (or via e-mail) to the RFP Coordinator. 4. Ad Hoc Subcommittee Members will direct all inquiries, e-mails and any other correspondence about the RFP process to the RFP Coordinator. 5. Any Communications from the City to a Proposer will be transmitted simultaneously to all registered Proposers along with answers to written questions submitted. Proposers who attend the mandatory pre -submittal meeting will become registered upon receipt of their signed form acknowledging receipt 10 and understanding of the Proposal Process Integrity Rules. Only registered proposers will be allowed to submit a proposal. 6. Any Proposer who fails to recognize or utilize this process of communications will be notified of its violation and may be disqualified from the selection process at the sole discretion of the City Manager. 7. All proposals submitted will be final. No changes or alterations will be accepted after proposal submission. 8. The Ad Hoc Subcommittee may, at its discretion, conduct interviews with no less than two of the Proposers after proposal submission and may invite City administrative staff and technical consultants to attend. 9. Any Proposer contesting any part of the RFP process or fairness of the RFP process will submit their claim in writing to the City Manager or his designee for review by the City's Ad Hoc Subcommittee. 11 2 PROJECT BACKGROUND 2.1 DISCLAIMER FOR INFORMATION PROVIDED BY CITY The information in this section and in the Appendices is provided as background for Proposers responding to the Request for Proposals. The City neither warrants nor accepts responsibility for the accuracy of the information contained herein. It is the responsibility of the Proposer to undertake, at its sole cost, any verification of this information necessary for it to submit a response to this Request for Proposals. The background information reflects programs and service levels in the existing contract awarded in 2007. Proposers should note that many programs and service levels in the new contract are different than existing programs and service levels. Examples include, but are not limited to, the following: no mixed waste collection or processing at a dirty MRF is allowed in the new contract; no use of waste -to -energy or transformation facilities is allowed in the new contract; residential bulky item collection is increased from 2 to 4 complementary collections per year. 2.2 EXISTING SOLID WASTE AND RECYCLING SYSTEM CR&R currently provides collection services for commercial and residential customers pursuant to a seven-year agreement with a maximum of three (3) one-year extensions. The current contract began on October 1, 2007. The City Council has extended the contract with CR&R through March 31, 2019. A list of all residential customers and commercial customers (including commercial account names, and all residential and commercial addresses and service levels) will be made available to the successful Proposer upon execution of the Contract. The tables below in Sections 2.2.1 — 2.2.8 provide inventory data and service logistics as of November 2017. There are also eight appendices to this RFP that provide more background information. These appendices can be made available in Excel format upon request. Appendix 1 includes detailed monthly tonnage reports submitted by CR&R on its MSW collection and the diversion programs that were in place during 2016. Appendix 2 is CR&R's 2016 Annual Report to the City. Appendix 3 is the CalRecycle Annual Report for 2016 that further describes all of the existing diversion programs. Appendix 4 contains the CalRecycle 2016 Disposal Reporting System (DRS) Tonnage Summary. Appendix 5 provides a List of Projected New Residential Developments. Appendix 6 contains the current copy of the "City Landfill Contract with County of Orange". Appendix 7 is a listing 12 of all AB 1826 food service establishments in the City of Tustin shown by their compliance tier. Appendix 8 contains the text of AB 1669. 2.2.1 Solid Waste Collection According to CR&R records as of 2016, municipal solid waste (MSW) is collected from approximately 12,431 residential customers weekly in three streams: Green waste in wheeled carts, single stream recyclables in wheeled carts, and MSW in wheeled carts. Table 1 displays the MSW container inventories for the residential sector. Table 1: Residential Curbside Container Count as of December 2016 Size I MSW 35 gallon 1 770 65 gallon I 8,749 90 gallon 1 3,207 Total 1 12,726 In addition, CR&R provides collection services to multi -family residential units, commercial accounts, and City facilities, using various types of containers and collection frequencies as detailed in the tables below. CR&R has an exclusive contract to collect and process construction and demolition roll- off boxes within the City. CR&R reported servicing 2,927 permanent roll -off boxes and 1,648 temporary roll -off boxes in 2015. According to the official tonnage figures, as reported by the County of Orange's Disposal Reporting System (DRS), a total of 43,804 Tustin tons were disposed in 2016 from all collection sources. CR&R reported disposing of the tonnages shown in Table 2 for calendar year 2016. The difference between the DRS total of 43,804 tons and the disposal tonnage reported by CR&R of 34,100 can be attributed to self -haul and school districts. Table 2: Total Tons Disposed by CR&R in 2016, by Sector Disposed Residential Curbside 8,743.17 Multi -family Bin Service 9,415.84 Commercial 11,933.67 Roll -off 4,007.20 Total 34,099.88 13 As of November 2017, approximately 15,545 cubic yards of MSW were serviced each week on CR&R's commercial and multi -family MSW routes. Of these weekly cubic yards 12,835 yards were processed at CR&R's mixed waste processing facility and 2,709 cubic yards were direct hauled to the landfill. According to CR&R's November 2017 monthly report, there were a total of 957 commercial accounts. This number includes approximately 264 multi -family accounts. Table 3 displays the number of MSW collection containers by container size and collection frequency for all commercial accounts as of November 2017. Table 4 shows multi -family MSW collection inventories and service frequencies as of November 2017. Table 3: Commercial MSW Service Information as of November 2017 1x/wk 2x/wk 3x/wk 4x/wk 5x/wk 6x/wk TOTAL 35 -gal 1 1 60 -gal 7 4 7 90 -gal 38 38 2 -yard 108 43 11 7 2 5 176 3 -yard 126 130 144 45 77 34 556 4 -yard 45 38 48 31 28 48 238 6 -yard 1 1 1 1 1 Grand Total 3 Grand Total 326 211 203 84 108 87 1019 Table 4: Multi -Family MSW Service Information as of Nov 2017 1x/wk 2x/wk 3x/wk 4x/wk 5x/wk 6x/wk TOTAL 35 -gal 0 60 -gal 90 -gal 2 -yard 3 -yard 4 4 0 41 60 23 2 1 127 58 206 198 39 15 10 526 4 -yard 6 55 90 23 6 2 182 6 -yard 1 1 2 Grand Total 109 321 311 65 23 12 841 14 2.2.2 Single -Family Residential Diversion Programs CR&R reports that as of April 2017 there were approximately 12,136 single-family billing accounts with active waste collection service within the City of Tustin. The single-family residential single -stream recyclable materials are delivered primarily to the Western Intermediate Transfer MRF operated by CR&R where they are processed on a line designed for clean single stream materials. In 2016, CR&R reported collecting 5,099.38 tons of green waste, 2,892.35 tons of single -stream recyclables (breakout by commodity contained in Appendix 2) and 8,743.17 tons of MSW from curbside accounts. Using the reported tonnage, containers on service and the number of accounts collected, the approximate weight per gallon for the three residential curbside waste streams is as follows.. • MSW: 0.28 lbs. per gallon (56 lbs./yd. 3) • Single -stream recycling: 0.17 lbs. per gallon (34 lbs./yd. 3) • Green waste: 0.54 lbs. per gallon (110 lbs./yd. 3) NOTE: The above figures are provided for reference and each proposer is expected to verify the above values, taking into account the diversion program(s) anticipated and their own experiences and expertise. CR&R delivers curbside green waste to its South County composting facility where a portion of the green waste materials are composted are converted into a soil amendment and a portion is processed and used as Alternative Daily Cover (ADC) at Orange County landfills. In 2016, CR&R reported 1,232.32 tons from the residential sector were sent to waste -to -energy conversion. CR&R currently collects bulky goods, e -waste and white goods from residential customers. In 2016, CR&R collected and diverted 26.54 tons of white goods, 20.90 tons of a -waste and 189.19 tons of bulky items. Overall, CR&R reported diverting 9,328.90 tons of residential materials and disposing of 8,743.17 tons for a residential diversion rate of 51.62%. Table 5: Residential Curbside Recycling and Green Waste Container Count as of December 2016 Size MSW Single Stream Green Waste 35 gallon 770 775 534 �65 gallon 8,749 90 gallon 3,207 Total 12,726 9,116 9,018 3,004 3,227 12,895 12,779 15 2.2.3 Multifamily Diversion Programs According to CR&R's commercial account listing, there are approximately 264 multi- family accounts in the City of Tustin. Of these, 115 have single -stream recycling programs (a participation rate of 44%). CR&R provides single stream recyclables collection program to multi -family properties using a combination of carts, 2 -yard, 3 -yard and 4 -yard recycling bins. CR&R also has deployed 23 split MSW and recycling bins to the multi -family sector. These are 3 and 4 -yard bins split vertically into an MSW compartment and a recycling compartment. In 2016, multi -family single -stream recycling programs diverted 861 tons of materials. CR&R also operates a source -separated green waste program that collects yard trimmings from 9 multi -family properties. This program diverted 145 tons of materials in 2016. Lastly, CR&R operates a mixed -waste processing route in the multi -family sector that diverted 8,328 tons. CR&R reported 9,188 tons of MSW collected from the multi -family sector in 2016. Overall, CR&R reported a 49.78% diversion rate for the multi -family sector. As of November 2017, the City has an estimated 179 multi -family accounts that generate 4 or more cubic yards of MSW per week that meet the AB 341 generation threshold. Of these accounts, approximately 88 do not have source -separated recycling programs in place. Table 6 below reflects the approximate number of recycling containers on service in the multi -family sector. Table 6: Multi -family Recycling Service Information as of Nov 2017 1x/wk 2x/wk 3x/wk 4x/wk 5x/wk 6x/wk TOTAL 35 -gal 1 1 60 -gal 7 7 90 -gal 17 17 2 -yard 55 27 17 99 3 -yard 60 102 37 199 4 -yard 10 9 18 37 6 -yard 0 Grand Total 150 138 72 0 0 0 360 2.2.4 Commercial Diversion Programs CR&R provides collection of single stream recyclable materials from commercial and business accounts that are processed on a single stream materials line at CR&R's clean MRF. CR&R also operates a mixed -waste processing program for commercial 16 accounts. Based on CR&R's annual report, in 2016, a total of 1,183.96 tons were diverted by the commercial single -stream recycling program and 10,756.86 tons were diverted by the mixed -waste processing system. CR&R also operates a source - separated green waste program that collects yard trimmings from 8 commercial properties. This program diverted 58.68 tons of materials in 2016. An analysis of CR&R's commercial account listing showed that 338 accounts out of 693 total accounts in the commercial sector have single -stream recycling. Approximately 49% of the commercial accounts in the City subscribe to single -stream recycling. In 2016, 4,189 cubic yards per week of recyclables were collected by CR&R on its single - stream recycling route from both commercial and multi -family properties. As of November 2017, the City has an estimated 533 commercial accounts that generate 4 or more cubic yards of MSW per week that meet the AB 341 generation threshold. Of these accounts, approximately 200 do not have source -separated recycling programs in place. CR&R implemented a food scrap recycling program in 2009. The program services approximately 80 food service establishments throughout the City and diverted 1276 tons in 2017 (Jan -Nov). Per AB 1826, the City notified all Tier 1 and Tier 2 generators of the requirement to divert organic waste. Food scrap materials are collected up to 6 days per week in 2 -yard bins and 64 -gallon carts. Food scrap materials are currently being delivered to Waste Management's CORe facility in Orange. Table 5, shows the compliance status of AB1826 food service establishments within the City of Tustin. Table 7: AB 1826 Organic Programs Compliance Status in 2017 17 AB 1826 Compliance Analysis Compliant through Hauler Program Internal Organics Program Non-compliant Compliance % Tier 1 16 6 14 61% Tier 2 35 0 48 42% Tier 3 13 78 14% Tier 4 10 120 8% Total 74 6 260 24% 17 As of November 2017, CR&R had the following food scrap service levels: Table 8: Food Scrap Service Levels as of November 2017 1x/wk 2x/wk 3x/wk 4x/wk 5x/wk 6x/wk TOTAL 35 -gal 1 1 60 -gal 5 13 11 29 2 -yard 8 15 14 1 38 Grand Total 13 29 25 0 0 1 68 For more information about compliant and non-compliant food service establishments, please see Appendix 7. CR&R collects permanent roll -off boxes and compactors from customers within the City. It collects both source -separated and mixed -waste materials. In 2016, it diverted 3,832.59 tons of permanent roll -off materials and disposed of 3,176.47 tons to achieve a 54% diversion rate. Finally, CR&R reported that in 2016, 269.5 tons were delivered to the waste -to -energy facility from the commercial sector. The bin sizes used to service the commercial sector are predominately 3 and 4 cubic yards with 2 -yard bins and 64 to 96 -gallon carts for areas with space restrictions. Similar to the multi -family sector, CR&R uses split trash and recycling bins to service space constrained commercial properties. Table 9 summarizes the commercial recycling container inventory and Table 10 summarizes reported commercial densities by stream. Table 9: Commercial Recycling Service Information as of Nov 2017 Lbs. per Cubic Yard Commercial Single -stream Recycling 21 Mixed Waste Processing Route 1x/wk 2x/wk 3x/wk 4x/wk 5x/wk 6x/wk TOTAL 35 -gal 4 374 4 60 -gal 20 20 90 -gal 38 38 2 -yard 62 21 11 4 2 2 102 3 -yard 69 49 32 12 6 5 173 4 -yard 9 11 9 6 2 7 44 6 -yard 0 Grand Total 202 81 52 22 10 14 381 Table 10. Commercial Program Densities Stream Lbs. per Cubic Yard Commercial Single -stream Recycling 21 Mixed Waste Processing Route 100 Commercial Green waste 202 Direct -to -landfill Route 69 Commercial Food Scraps 374 2.2.5 Construction/Demolition Diversion Programs The City has an exclusive contract with CR&R for temporary roll -off box service. The City has a construction and demolition ordinance that is aligned with the CALGreen building code requirements (see Tustin Municipal Code Article 4, Chapter 3, Part 5, Section 4350 et seq). In 2017, in accordance with the triennial update of CALGreen, the City required all covered projects to divert 65% or more of the waste generated. CR&R processed and diverted 1,697.79 tons of C&D materials at its CRT facility in 2016 and disposed of 733.36 tons to achieve a diversion rate of 71 %. 19 2.2.6 Other Diversion Programs CR&R also operated the special collection programs summarized in Table 11 below. Table 11: Summary of Special Diversion Programs Provided by CR&R in 2016 Ma —Material 2016 Weights Collected I Collected HHW 4,375 lbs. Fluorescent 2,868 lbs. tubes Batteries 430 lbs. Program Description Assorted HHW and U -waste collected at CR&R's Nov 2016 collection event. CR&R's event attracted 162 cars. CR&R collected fluorescent tubes at eight participating hardware stores and other locations. CR&R collected batteries at eight participating hardware stores and other locations. Holiday CR&R collected holiday greenery from residential premises, greenery 94,320 lbs. centralized collection points, and from roll -offs located at multi -family properties. In addition to the diversion programs noted above, CR&R also provided special event service for four City events as described in Table 12 below (CR&R provided additional special event service but exact service levels are unavailable): Table 12: Summary of Special Event Service Provided by CR&R in 2016 Service / Event Chilli Cook Off Broadway in the Park Tiller Days Dino Dash MSW Bins 1 3yd CUBs 1 — 3yd CUBS Roll off 7 40yd 2 40yd 7 40yd 3 40yd Recycling 1 — 4yd 2.2.7 Bulky Item Collection CR&R provides on-call bulky items collections and other special collections for free to residents and multi -family properties up to 2 times per year per housin_g unit. CR&R also assists the City by collecting bulky items located in the public right-of-way and by providing roll -off bins at large multi -family properties where lots of bulky items are generated. In 2016, CR&R reported the following on-call collections from the residential, multi -family, commercial, and public right -of way (Table 13): 20 Table 13: Summary of On-call Special Services Provided by CR&R in 2016, by Sector 2.2.8 Collection Fleet and Routing CR&R operates 10 front-end loaders to service commercial customers. For commercial routes, CR&R operates seven weekly mixed -waste processing routes, two direct -to - landfill routes, two weekly commercial recycling routes, one weekly green waste route, one daily food scraps route, and one daily cleanup bin route. CR&R has 6 residential collection vehicles in service. CR&R runs six residential MSW routes, six residential recycling routes, two green waste routes, and 1 bulky item collection route. CR&R has two roll -off collection vehicles in service. Table 14 below summarizes the current collection fleet used by CR&R to service the City's residential, commercial, and roll -off sectors. Table 14: Commercial Front End Loaders # Bulky Items 115 2,061 E -waste 5 202 White Goods 26 322 Commercial Residential Multi -family Public Right of Way 2,582 110 246 663 51 44 2.2.8 Collection Fleet and Routing CR&R operates 10 front-end loaders to service commercial customers. For commercial routes, CR&R operates seven weekly mixed -waste processing routes, two direct -to - landfill routes, two weekly commercial recycling routes, one weekly green waste route, one daily food scraps route, and one daily cleanup bin route. CR&R has 6 residential collection vehicles in service. CR&R runs six residential MSW routes, six residential recycling routes, two green waste routes, and 1 bulky item collection route. CR&R has two roll -off collection vehicles in service. Table 14 below summarizes the current collection fleet used by CR&R to service the City's residential, commercial, and roll -off sectors. Table 14: Commercial Front End Loaders # Type Service Front Loaders Commercial 10 6 Side Loader Residential 2 Rear Load Rail Roll -off 1 Specialty Flat Bed CUB 1 CM 2.2.9 Recycling Coordinators Estimated Work Effort For informational purposes, the City's consultant has outlined the steps required for the implementation of programs and work efforts that are required in order to successfully implement a diversion program at a commercial, multi -family, and/or food service establishment. (See Table 15 below.) This analysis is based on the consultant's extensive experience implementing waste diversion programs at over 400 businesses and multi -family properties in 10 cities in Orange County and is the basis for the minimum requirement of providing 2 full-time recycling coordinators per Section 7.04 of the contract in RFP Section 6. Please note the disclaimer included in RFP Section 2.1 applies to staffing estimates. Proposers shall make their own calculations and conduct their own research to determine the required workforce necessary for program implementation. 21 Table 15: Estimated Work Effort Per Diversion Program Projected Hours per Task Step Description of Activity Business Restaurant Multi -family Contact business to set up a time for an onsite meeting regarding Step AB341/AB1826. Obtain decision maker contact information using 0.5 0.5 0.5 1 commercial list. Site visit to talk to business representatives. Observe and photograph current waste system and any recycling. Write notes on sizes and types of Step bins/carts and levels of service. Describe program, talk about benefits and 2 possible savings, and education plan. Find out name, title and confirm 0.5 1 2 contact information for the decision -maker who can approve implementing program. Prepare a diversion plan showing the cost/benefit and how it would work. Step List sizes and types of containers needed, calculate estimated MSW 3 reduction, etc. Calculate cost with current and new system to highlight cost - 1.5 2 3 savings. If large property, a map may be needed with enclosure inventories. Step Call and set up a time to schedule onsite meeting to discuss the proposed 4 plan with the decision maker (owner, general manager) 0.5 0.5 0.5 Site visit to review proposal with decision maker. Likely will need to re -visit all of the information in Step #2 about benefits of program and laws (AB Step 1826/341). Present and discuss plan. Show manager where new bins/carts 1 1 2 5 would go and proposed levels of service. Show them before and after costs. Answer questions. If management requires time to analyze the proposal or need to contact Step senior management/decision maker, then schedule to check back in with 0.5 1 1 6 them. Follow-up weekly to get decision. After proposal approval, coordinate bin delivery and service changes with Step operations. A route manager may need to conduct a site visit to confirm 0.5 0.5 1 7 adequate space for collection respecting safety reasons. Step Help management assess need for internal collection receptacles for food 8 scraps and/or recycling. 0.5 0.5 1 Coordinate and deliver training for employees, janitors, cleaning services, Step front -of house, and back -of -house employees to ensure smooth transition. 1 3 4 9 For multi -family, go door-to-door to distribute receptacles and engage residents. Step Develop, translate, and print outreach materials and signage for staff. Write 10 and provide help to customize materials for their business. 0.5 1 2 Step Site visit to confirm equipment is delivered in proper size and inventory. 11 Coordinate with operations if not. 0.5 0.5 2 Conduct weekly site visits for the first month to assess how program is going and if it is achieving results as calculated. Check for contamination in Step scraps and for food/recyclables in trash. Correct any 2 2.5 4 12recycling/food misinformation e.g. about what is recyclable and what is "contamination" in the food/recyclables. Step Revisit program in 6 months. Confirm same contact and assess educational 13 needs. 0.5 1 2 Perform All 13 tasks - Total Staff Hours FOR ONE ACCOUNT 10 15 25 22 Based on the above, the City's consultant estimates that each AB 341 program implemented at a commercial account will take approximately 10 hours of staff time; a multi -family program will take 25 hours of staff time; and a food scrap program will require 15 hours of staff time. Assuming the current AB 1826 and AB 341 compliance levels as shown in Table 7 above, the City estimates the following staff time requirements to meet the commercial/multi-family component of the Phase 1 extension goals described in Section 3: Table 16: Estimated Total Staff Hours Required for Program Implementation Assumed Staff Hours/Property 100% AB 341/AB 1826 Compliance by 2022 Needed Accounts or Food Service Establishments Staff Hours Commercial Recycling 10 200 2000 Multi -family Recycling 25 88 2200 Food Scraps T1/T2 15 62 930 Food Scraps T3/T4 10 198 1980 TOTAL 548 7110 FTE Years 3.6 Based on the analysis above, it will take a minimum of 2 full-time recycling coordinators approximately 2 years of staff time to attain the commercial and multi -family Phase 1 extension. The Phase 1 implementation period spans 3 years (April 1, 2019 — March 31, 2022). Providing 2 full-time recycling coordinators allows for administrative time to file diversion reports and time to carry out other contractual obligations. 2.2.10 Tustin Legacy Build Out Plan The Tustin Legacy, formerly the Tustin Marine Corps Air Station, will continue to develop over the course of the contract. Plans exist for the building of residential housing units, multi -family housing units, educational facilities, regional parks, and commercial retail operations during the term of the contract. Please see Appendix 5 for more information about the planned developments at this property as of June 2017. To summarize, the City expects that an additional 3,543 housing units will be built on the base. Many of these may be housing units in urban mixed-use and/or transit -oriented mixed-use and therefore all 3,543 units may not use the City's curbside program and instead may use centralized bin/cart/compactor service. Additionally, nearly 3 million 23 square feet of non-residential commercial development is planned for undeveloped portions of the base. Conservatively assuming 2000 lbs. per square foot per year of waste generation, when the base is fully developed, the City anticipates that new businesses operating as part of the base will generate an additional 2,900 tons of waste per year and the new residential developments will generate an additional 3,200 tons of waste per year. As noted above, Proposers shall perform their own site investigations, review and analysis and prepare their own estimates of the MSW and divertable materials that may be generated. The City makes no warranty or guarantee concerning any of the above estimates. (See also Section 4.02 of the contract.) 24 3 TECHNICAL REQUIREMENTS 3.1 TECHNICAL REQUIREMENTS The City of Tustin will award a Contract for Collection, Transportation and Disposal of Municipal Solid Waste and Collection, Transportation, Processing and Diversion of Recyclable Materials, Yard Trimmings, Food Scraps, and other Materials for a period of eight (8) years. The City will have the sole option to extend the Contract in one-year increments if specific performance measures are met, for up to two (2) additional years. The technical requirements are described below. The forms for providing the information required are presented in Section 5.5. 3.1.1 Contract Proposers must be willing and able to enter into a Contract to provide collection, processing, disposal and diversion services for an eight (8) year period at a specified cost and under specified terms. Terms required by the City are contained in the Contract in RFP Section 6. It is recommended that proposers carefully review the Contract terms with their legal counsel. If proposers take exception to any of the terms of the Contract Agreement in Section 6, the proposer must list each exception on Proposal Form 21. Any exceptions to the Contract will be considered as part of the evaluation process. If selected, a proposer must be prepared to sign the Contract in Section 6 with the exceptions listed on their Proposal Form 21. Failure to do so will result in disqualification and the City may select the next ranked Proposer. 3.1.2 Diversion Collection Services The selected Proposer will provide the following diversion collection services in the City: Residential: Curbside single stream recycling program. Curbside yard trimmings program. Curbside food scraps program OR curbside co -collection of food scraps and yard trimmings (only at the direction of the City). Multi -Family: Single -stream and single -material recycling program. Yard trimmings program. Food scrap collection program OR co -collection of food scraps and yard trimmings (only at the direction of the City) 25 Commercial: Single stream and single -material recycling program. Yard trimmings program. Food scrap diversion program. C&D: Construction and demolition waste diversion program Other Services: Holiday greenery collection and drop off programs, electronic waste and universal waste diversion program, white goods collection program, sharps program, City facilities' diversion program, special events/large venue diversion program, and related public education programs. 3.1.2.1 Residential Curbside Programs Given the direction of SB 1383, residential curbside collection of food scraps will likely need to be initiated by the City on or before 2022. Given the various organics processing approaches (composting, bioengineered feedstock, and anaerobic digestion), there are a variety of residential collection options. They could be: • A three -cart system that would combine yard trimmings and food scraps in one cart, recyclables in a second cart, and MSW in a third cart; • A four -cart system that would have one cart each for MSW, yard trimmings, recyclables and food scraps. • Bi -weekly collection of MSW once a residential food scrap program is successfully implemented As noted in Proposal Form 25, Proposers shall propose rates for all of the above options. Proposers shall provide rates for 35, 65, and 90 -gallon curbside residential carts for yard trimmings, single stream recyclables, and MSW service in Proposal Form 25, which will become an Attachment D to the final contract. The default size for all three residential carts will be 90 -gallons, with customers having the option to `upsize' or `downsize' any service line at their discretion. (See Attachment B of the contract for the required customer survey to determine Customer -selected cart sizes.) Proposal Form 25 requires Proposers to provide rates for the following residential diversion service lines: • 35, 65, and 90 -gallon curbside single stream recycling service • 35, 65, and 90 -gallon curbside yard trimmings processed at a composting facility 26 • 35, 65, and 90 -gallon curbside yard trimmings processed at an anaerobic digestion facility • 35, 65, and 90 -gallon co -collected yard trimmings and food scraps processed at a composting facility • 35, 65, and 90 -gallon co -collected yard trimmings and food scraps processed at an anaerobic digestion facility • 20 and 35 -gallon source -separated food scraps processed at a composting facility • 20 and 35 -gallon source -separated food scraps processed at an anaerobic digestion facility • 20 and 35 -gallon source -separated food scraps processed at a bioengineered feedstock facility Effective April 1, 2019 the selected contractor will provide a residential curbside single stream program with processing at a clean MRF; and either a residential yard trimmings collection program with processing at a composting facility OR with processing at an anaerobic digestion facility. The City will select which of these processing options will initially be used for residential yard trimmings, as part of the proposal evaluation process. The City will have the option of directing implementation any of the other above -listed curbside diversion options throughout the course of the contract. In anticipation of the deadline in AB 1594, the City will not consider rates that include use ADC as a means to process and dispose of yard trimmings or any other material collected in Tustin. (See Article 6 of the contract in RFP Section 6 for the prohibition on use of materials collected in Tustin for ADC as of April 1, 2019.) In Proposal Form 24 Proposers will provide their preference for which Food Scrap and/or Yard Trimmings collection/processing technology(ies) will best meet the needs of the City. Proposal Form 25 requires Proposers to list key assumptions driving the cost of different diversion services. 3.1.2.2 Commercial and Multi -Family Diversion Programs All customers generating food scraps and/or yard trimmings and/or wood as, identified by SB 1383, must be provided diversion programs for those materials by 2022. This will include food scrap and yard trimming diversion programs for all covered residential, commercial, and multi -family customers. The principal diversion collection services to be provided for all multi -family properties include: 27 • Single -material recyclables collection AND, • Single -stream recyclables collection, AND • Yard trimmings collection. If and when directed by the City, one of the following services may be required: • Food scrap diversion collection, OR • Co -collected Yard Trimmings and Food Scraps The principal diversion collection services to be provided for businesses include: • Single -material recyclables collection AND, • Single -stream recyclables collection, AND • Food scrap diversion collection, AND • Yard trimmings collection. If and when directed by the City, the following service may be required: • Co -collected Yard Trimmings and Food Scraps These same services shall also be provided to all temporary bin, temporary roll off and permanent roll off customers and all compactor customers. The cost of reducing the amount of MSW that goes into the landfill (as required by AB 939, AB 341, AB 1826 and SB 1383) can be allocated across the entire rate base. Based on analysis conducted by the City and its consultants, a rate for diversion services that is 50% of the cost of equivalent MSW service provides a sufficient cost -incentive for generators in the commercial and multi -family sectors to incorporate state -mandated diversion programs. Therefore, rates proposed for the collection and processing of commercial and multi -family single -material recyclable materials, single -stream recyclable materials, yard trimmings and food scrap recycling, commercial and multi -family co -collected yard trimmings and food scraps, shall provide a 50% rate incentive to equivalent MSW service. Per the requirements set forth in AB 341, all commercial, multi -family, roll off and compactor customers that generate 4 or more cubic yards of MSW per week must receive recycling service (either single -material and/or single stream) and solid waste collection service for the remaining MSW. Per the requirements of A131 826, all restaurants and other food generators in Tiers 1-4 described in the law, must have a food scrap diversion program. Per the requirements of SB 1383 all Customers generating Organics (food scraps, yard trimmings, food soiled paper, fiber) must have a program in place in 2022. Per the current draft regulations for SB 1383, the City will be required to pass a mandatory local ordinance requiring businesses to implement SB 1383 -mandated programs on or before January 1, 2022. This will complement the selected contractor's efforts in initiating the widespread adoption of food scrap and yard trimmings diversion programs at commercial and multi -family properties. The detailed Scope of Work for each of these services is more fully described in Attachment B of the Contract. Proposers are encouraged to carefully review all of the programs required in the Scope of Work. 3.1.3 MSW Collection Services The selected Proposer ("Contractor") will provide solid waste collection services for residential, commercial, and business establishments within the City as more fully described in the Scope of Services contained in Attachment B of the Contract. Residential MSW collection will be once weekly, automated collection. The frequency of residential collection may, at the City's direction and per SB 1383, be made bi-weekly at some point during the term of the contract. The base residential service includes collection of one MSW cart, one single stream cart, and one -yard trimmings cart each 35, 65, or 90 gallons in capacity (or smaller if the customer selects the 20 gallon cart) once per week from curbside. Residential customers can also add 2 additional single stream recycling carts and 2 additional yard trimmings carts free of charge. Proposers shall provide variable rates for different sized carts in Proposal Form 25. Commercial cart and bin service, roll -off, and compactor services will be provided by the selected contractor. Roll -off and compactor service may be on a regular schedule or may be completely "on-call" at the discretion of the customer. The Scope of Work for each of these programs is more fully described in Attachment B of the Contract. 29 3.1.4 Processing Facilities NOTE: Proposal Form 25 requires all Proposers to submit rates for all the types of processing facilities described below. As part of the evaluation process, the City will select the initial processing facility(ies) to be used for each material stream as of April 1, 2019. The Contractor must provide a Clean Materials Recovery Facility (MRF). This can be a facility owned by the Contractor or a facility where the Contractor has a written agreement that ensures adequate processing capacity and a delivery schedule that will meet the needs of the City of Tustin. The Clean MRF must include processing lines for cleanup of single material recyclables, sorting of single stream recyclables. The Food Scrap and/or Yard Trimmings Processing Facility(ies) the Proposer will use (Composting Facility, Anaerobic Digestion, or Bioengineered Feedstock) must be capable of processing Food Scraps and Yard Trimmings collected from residential, multi -family and commercial customers. Proposers shall include in the description of their proposed Processing Facilities how Food Soiled Paper will be handled. The Construction and Demolition Debris Processing Facility must be capable of processing all of the construction and demolition debris that is collected by the Contractor in the City and must also be capable of achieving the CALGreen facility diversion rate of 65% or higher. Should the diversion rate set by CALGreen and/or the City be increased, Contractor is required to meet or exceed the new diversion rate. Proposal Forms 15, 16, 17, 18, 19 are to be used to provide detailed information on each of the processing facilities to be used. Please note that for these proposal forms to be considered complete they must include either a statement that the facility (MRF, Compost Facility, C&D Processing Facility, etc.) is owned by the proposer, or must include a signed agreement between the proposer and the facility owner stating the capacity reserved for the City of Tustin, including tons, delivery times, and details of processing equipment and methods that will be used, expected residue percentages based upon actual facility experience, and markets where the materials will be sold. All proposed processing facilities must be fully permitted by the date of submittal of proposals in order for Proposal Forms 15, 16, 17, 18, 19 to be considered as responsive and complete. 30 3.1.5 Diversion Requirement The selected contractor will be incentivized to meet specific metrics in order to achieve the two 1 -year extensions. The implementation metrics reflect the requirements and timelines of existing laws as they are known as of the date of issuance of this RFP. These include AB 341, AB 1826, and SB 1383. (See Article 6 of the contract for a detailed description of the metrics. See also Attachment B to the contract for program details and for what constitutes a "fully implemented" program at each customer.) The metrics for earning the Extension Incentives contained in the contract are as follows: a. Phase 1 — Full AB 341 and AB 1826 Compliance by March 31, 2022 1. Single -stream and/or single material recycling programs at 100% of all commercial and multi -family customers (currently there are approximately 88 non-compliant multi -family customers and 200 commercial non-compliant customers) 2. Food scrap diversion programs at 100% of the Tier 1-4 food scrap generators (currently there are approximately 260 non- compliant generators) ii. If the selected contractor achieves Phase 1 target, it earns a one-year extension of the contract to March 31, 2028 iii. If Contractor fails, it does not earn 1 -year extension and Contract terminates on March 31, 2027 (unless the Phase 2 extension is earned) b. Phase 2 — Continued Full Implementation of AB 341 and AB 1826 Proarams from Phase 1; Full Multi -family and Residential SB 1383 implementation; and Attainment of Contamination Caps by December 31, 2024 1. Continued Full Implementation of AB 341 at 100% of all commercial and multi -family customers and AB 1826 programs at 100% of all Tier 1-4 commercial customers 2. Food scrap programs at 100% of multi -family complexes 3. Achievement of Contamination caps for the all of the following streams: a. Maximum of 10% Contamination in all food scrap streams b. Maximum of 10% Contamination in all Recyclable Material streams c. Maximum of 10% Contamination in all Yard Trimming streams 31 d. Maximum of 20% Contamination in MSW. (Contamination limit is a maximum of 10% recoverable food scraps and/or yard Trimmings AND a maximum of 10% Recyclable Materials in all MSW ii. If Contractor achieves the Phase 2 metrics, it earns an additional one- year extension to March 31, 2028 or March 31, 2029 (if the Phase 1 extension was earned) iii. If Contractor fails, it does not earn the Phase 2 1 -year extension and the Contract terminates on March 31, 2028 (if the Phase 1 extension was earned) or March 31, 2027 (if neither of the Phase 1 or 2 extensions were earned) See Contract Attachment N for how the City will evaluate whether or not the selected contractor has achieved the required metrics to earn either the Phase 1 and/or the Phase 2 Extension Incentives. See Article 6 and Section 4.11 of the contract for the minimum diversion program implementation requirements and consequences for contractor's failure to achieve the minimum metrics. 3.1.6 New Containers to be Provided The selected Proposer will purchase new Containers as described in the Contract and Attachment E, and shall distribute the Containers to residential, commercial and multi- family customers prior to April 1, 2019. Proposers shall utilize Proposal Form 12 to list the number, sizes, style, color and type of Containers that will be purchased. 3.1.7 Alternative Fuel Vehicles The Contractor must provide new collection vehicles as specified in Section 7.03 B of the Contract. The vehicles must be alternative fuel vehicles as defined in the Contract. The selected Contractor will be required to comply with South Coast Air Quality Management District Rule 1193, and all other applicable state and federal laws with regard to air quality and vehicle emissions, throughout the term of the Contract. As new vehicle propulsion technology becomes available over the term of the contract (i.e. hybrid electric, renewable natural gas, hydrogen, etc.), the City will encourage the Contractor to evaluate placing these types of vehicles into service in Tustin provided they are: 1) cost-effective and any operational cost reductions are captured in adjusted rates; 2) reliable, and 3) safe. If the proposer is aware of any vehicle propulsion systems that meet these criteria currently, the City encourages it to include these in its proposal in Proposal Form 8. 32 3.1.8 Customer Service and Billing The Contractor will provide all equipment and personnel for customer service, both during the implementation phase (award of Contract Agreement through March 31, 2019) and once operations begin on April 1, 2019. The selected Contractor shall prepare all bills, collect all payments, and utilize standard procedures to collect bad debts for all customers, including residential, commercial and roll off. Billing will be rendered monthly for all commercial/multi-family lines of business and quarterly for residential service lines. These billing requirements are more fully described in Attachment B of the Contract. 3.1.9 Two (2) Full Time Recycling Coordinators and One (1) Full-time City Liaison The Contractor will provide two (2) experienced Recycling Coordinators on a full-time (2.0 FTE) basis to work solely on programs for the City of Tustin. The types of tasks to be performed by the Recycling Coordinator are listed in Section 7.05 G of the Contract, Attachment B and Attachment AA. The City will review and make a determination as to whether the proposed full-time recycling coordinators meet all contract requirements. In addition to two full-time Recycling Coordinators, the Contractor will provide one (1) Full Time City Liaison position. The types of tasks to be performed by the City Liaison are listed in Section 7.05 H of the Contract and Attachment EE. For each day the City does not receive the full-time services of the two Coordinators and/or the full time City Liaison, the liquidated damages listed in the Contract will apply. 3.1.10 Complete Description of All Proposed Diversion Programs The selected Contractor will provide all of the collection and diversion programs listed in the Contract and Attachment B. On Proposal Form 14 proposers will provide a detailed description of each of the programs in Attachment B (listed by DPS code), including the number and types of collection vehicles and containers to be used, collection methodology, plan for roll out of each program, public education efforts for each program, and expected diversion in tons. The City recognizes technologies in the solid waste management field are evolving to improve diversion. Any new programs and/or processing methods that have not been implemented locally will need to be fully explained to be considered by the City. Proposers shall not submit additional diversion programs not listed in Attachment B, nor shall Proposers submit alternates. 33 On Proposal Form 13 proposers will provide a detailed implementation plan beginning with the award of the contract. 3.1.11 Use of Innovation in Implementation of Diversion Services Each Proposer will consider the impacts of AB 341, AB 1826, AB 1594, and SB 1383 on its services. Achieving diversion rates that will result in a statewide 75% recovery of the waste stream requires new approaches to equipment, containers, routing, and processing. For instance, the use/experience with "Smart Bin" monitoring, dynamic routing, cloud -based data management of collection, maximization of bin utilization, and dynamic frequency of collection adjustments and routing will counterbalance the increased costs of expanded diversion programs. The concept of replacing a $320,000+ front -loader with its heavy construction, and hydraulics suitable for the collection of bins weighing 250 to 500 pounds of MSW, with a lighter weight and lower cost vehicle has been proven. The lower cost and lighter vehicle has been utilized to collect recyclable materials with bin weights of 60 to 90 pounds and carries the lighter load of recyclables back to the processing facility. This use of innovation is important to the City and will be evaluated for each of the programs listed in Attachment B. It is expected that the selected Contractor will show a high level of innovation and technical `know-how' as it applies technology and innovation to its diversion programs. Section 7.03 of the contract provides additional direction for the incorporation of innovation into collection operations. Proposal Form 9 shall be used to describe the Proposer's plan to provide light -weight collection vehicles. Proposal Form 10 shall be used to describe the Proposer's plan for including `on -board' technology to make collection operations more efficient, safe, and cost-effective. Proposal Form 11 shall be used to describe the Proposer's plan for incorporating newer technological innovations, including real-time capacity utilization metrics (i.e. smart bins), on -board scales, `pay as you throw' systems, etc. during the term of the contract. 34 3.1.12 Edible Food Donation Programs - Not Included in Scope of Work Per SB 1383, all cities will be required to divert, via edible food donation programs, 20% of the edible food waste that was disposed of in 2014 by the year 2025. Draft regulatory language currently being promulgated will require all medium and large food service establishments and venues to subscribe to an edible food donation program as early as 2022. The City plans to coordinate with local food pantries, regional food donation programs, and potentially conduct a separate Request for Proposals process and/or contract with third parties to ensure the City's food service establishments have cost- effective and convenient access to edible food donation programs. The selected contractor will likely see a reduction in the tonnage of MSW and food scraps being contributed to programs as a result of the widespread adoption of state -mandated edible food recovery programs during the term of the contract. The City estimates that as many as 600 tons of edible food scraps are disposed of annually, therefore if the 20% edible food scrap diversion target set forth in SB 1383 is met, as many as 120 tons less of edible food scraps will be available for collection by the selected contractor. As noted elsewhere herein, Proposers shall conduct their own independent investigation and assessment of the impact of SB 1383 requirements on proposed operations and tons projected to be collected. (See also contract Attachment B, Section 3.3.2.) 35 4 BUSINESS ARRANGEMENTS 4.1 COMPENSATION TO CONTRACTOR The Contractor will charge customers the City -established rates for services rendered pursuant to the Contract. The rates will be those proposed by the selected Proposer in Proposal Form 25 for services that will begin April 1, 2019. Proposal Form 25 will become an attachment to the final Contract. The rates on Proposal Form 25 must be in April 2019 dollars. In Proposal Form 25, Proposers shall fill in the rates for each level and type of service. Rates must be broken down to show the collection cost, processing cost and disposal cost. The procedure for adjusting costs throughout the term of the contract appears in Article 12 of the contract. A sample calculation is shown in contract Attachment J. The disposal portion will only be adjusted as that cost actually changes. Disposal costs are a pass-through cost and cannot include any mark up, overhead or administrative costs. If the Proposer does not plan to conduct any processing for any of the services listed in Proposal Form 25, please indicate this by placing a "0" in the "Processing" column for each applicable service. The cost of reducing the amount of MSW that goes into the landfill (as required by AB 939) can be spread across the entire rate base. As the amount of material being collected and handled is increasingly shifting into diversion, providing diversion services at no charge is no longer feasible and therefore is not permitted in Proposal Form 25. Therefore, the rate proposed by all Proposers for collection of commercial, multi -family, temporary bin, temporary roll off, permanent roll off and compactor customers for divertable materials must be 50% lower than the rate proposed for collection of MSW materials. Proposal Form 25 contains the following rate categories: Residential, Commercial & Multi -Family, Temporary Bins, Temporary Roll Off & Permanent Roll Off, Compactors, Special Event/Large Venue, Emergency Services and Other Services. Within the categories of: Residential; Commercial & Multi -Family; Permanent Compactor and Roll -Off; Temporary Bins; Temporary Roll Offs; Permanent Roll Off; and Compactor and Special Events; Other Services the Proposer must fill in rates for each of the following types of collection, processing and disposal services: 36 1. Collection of MSW hauled directly to the landfill 2. Collection of single material recyclables 3. Collection of single stream recyclable materials 4. Collection of food scraps and processing at a Composting Facility 5. Collection of food scraps and processing at an Anaerobic Digestion Facility 6. Collection of food scraps and processing at a Bioengineered Feedstock Facility 7. Collection of yard trimmings and processing at a Composting Facility 8. Collection of yard trimmings and processing at an Anaerobic Digestion Facility 9. Co -collection of food scraps Composting Facility 10. Co -collection of food scraps Anaerobic Digestion Facility and yard trimmings for processing at a and yard trimmings for processing at an Detailed information on these programs is contained in the attached contract and in Attachments B (Scope of Work) and A (Definitions). The Contractor shall bill and collect revenues from customers. The revenue collected by the Contractor for these services along with revenues from the sale of diverted materials shall be the sole sources of compensation for services rendered pursuant to Section 12.01 of the contract. 4.2 LIQUIDATED DAMAGES The Contractor must perform all of the services included in the Contract. For non- performance of specified services, the liquidated damages listed in Section 13.09 of the Contract will apply. 4.3 ADJUSTMENTS TO COSTS Article 12 of the Agreement describes the methods for adjustment of the collection and processing portion of the rates on an annual basis throughout the term, beginning on July 1, 2020. Proposers should note that the proposed costs for collection and processing shall be fixed for the initial fifteen (15) months of the contract term. The disposal charge (tip fee) will be only be adjusted during the term of the contract, if and when the actual tip fee changes, as more fully described in Article 12 of the contract. 37 4.3.1 Rates and Costs To Be Proposed In April 2019 Dollars As noted above, Proposers must submit all proposed rates and costs in April 2019 dollars. 4.4 BONDS, INSURANCE AND GUARANTY The selected Proposer is required to provide a performance bond and insurance coverage as described in Article 11 of the Contract. The selected Proposer must also execute a Guaranty from either its parent company or its owner(s). The form and format of the performance bond appears in Attachments L and M of the Contract and the Guaranty appears in Attachment Z. 5 PROPOSAL REQUIREMENTS AND EVALUATION This section describes (1) the evaluation process, (2) proposal evaluation criteria, (3) instructions on organization of information to be included in the Proposal Package, and (4) the timing of the award. 5.1 EVALUATION PROCESS Proposals will be evaluated using the process described in this section. The selected Proposer will be chosen based on the outcome of this evaluation. The evaluation process includes the following activities, which are discussed below: 1. Review of Proposals for completeness and responsiveness to RFP 2. Evaluation 3. Award of Contract Agreement by City Council 5.1.1 Review of Proposals For Responsiveness To RFP In order to be considered responsive to the RFP, Proposers must have: • Attended the mandatory Pre -Submittal meeting; • Acknowledged receipt of the City Council Process Integrity Rules in writing at the Pre -Submittal meeting; • Delivered the Proposal by the submission deadline; and • Complied with the requirements of the RFP, including the submittal of all forms completed in full. If the requirements are met, Proposals will be considered responsive and will continue through the evaluation process. If the requirements have not been met, a Proposer shall be disqualified. 5.1.2 Evaluation The Contract will be awarded to the Proposer that offers the greatest value to the City. Responsive Proposals will be evaluated on the basis of the criteria listed in Section 5.2 below. The criteria are not listed in any particular order of priority or importance. 39 5.1.3 AB 1669 State law requires that employees of the City's current contractor be given an employment opportunity with the selected proposer. Proposers shall use Proposal Form 23 to declare their intention to offer, or not offer, employment to eligible employees of the current contractor according to the terms described in AB 1669. As required by AB 1669, Proposers offering employment will be awarded a 10% preference in the evaluation process. In the event the incumbent contractor submits a proposal, the incumbent contractor shall also receive a 10% preference if it declares its intention to continue to provide employment to its current employees. Appendix 8 includes the text of AB 1669. See also Section 7.05 1 of the contract. 5.2 PROPOSAL EVALUATION CRITERIA Members of City administrative staff, Ad Hoc Committee members, and technical consultants will evaluate all proposals. The proposals will be evaluated based on criteria that may include, but are not limited to, the following: Table 17. Proposal Evaluation Criteria Criteria Description Organization . Role of team members on the project • Contractual arrangement among team members • Explanation of how the local management and corporate structure are linked (if applicable) • Key personnel assigned to the project • Experience of assigned personnel in collection and materials diversion operations • Client references demonstrating Proposer's ability to maintain long- term relationships with municipalities, including cooperation in providing requested information in a timely manner and avoidance of litigation and arbitration in settling disputes • Listing of any pending litigation Contract Exceptions . Number, nature and materiality of the exceptions taken to the terms of the Contract. Technical Capability . Demonstrated experience in: ➢ Implementation and administration of collection services for MSW, recyclables, yard trimmings, and food scraps from residential, commercial, multi -family and institutional generators. ➢ Operation of special recycling programs such as e -waste, U - .N waste, used oil and oil filters, etc. ➢ Minimum 3 years of experience providing reliable residential, commercial and roll off collection services to a jurisdiction equal to or larger in size than the City of Tustin. ➢ Understanding of impacts of 75% diversion and legislation (i.e. AB 341, AB 1826, AB 1594, and SB 1383). ➢ Developing a comprehensive diversion and collection/processing approach and business model that will adequately address 75% diversion mandates during the term of the Contract ➢ Experience with use of "Smart Bin" technology, status of Proposer's research and/or implementation of dynamic routing methods, integration of technology producing cost - savings, and increases in productivity of collection and processing. ➢ Operation or successful use of a fully permitted Materials Recovery Facility. ➢ Successful use of a fully permitted composting facility for yard trimmings, food scraps and any other organics identified as diverted in the proposal. ➢ Operation or successful use of a fully permitted C&D processing facility. ➢ Maintaining accurate records and providing complete, accurate, useful data to cities/counties on a consistent, timely basis. • Demonstrated ability to provide high quality customer services over the duration of an 8-10 year Contract. • Demonstrated ability to conduct public education services including an explanation of experience and copies of materials produced for past programs, examples of the use of social media and other methods of outreach. • Demonstrated ability to hire qualified Recycling Coordinators with proven track records of program implementation. Proposed Approach • Thoroughness of proposed approach • Incorporation of Technology ➢ Smart Bins ➢ Dynamic Routing ➢ Cloud -based data connecting Hauler, Generator, and City for implementation and service monitoring ➢ Selection of trucks that are specifically sized and specified to the collection of MSW, light Recyclables, and Food Scraps • Adequacy and reliability of collection equipment 41 • Proposed Clean MRF: ➢ Processing capacity reserved for City of Tustin ➢ Processing capabilities ➢ Residue percentage ➢ Type and configuration of processing equipment ➢ Fully permitted as of proposal submittal date ➢ End markets for recovered materials • Proposed composting facility: ➢ Capacity reserved for City of Tustin ➢ Processing method(s) ➢ Residue percentage ➢ End use(s) for diverted material(s) ➢ Fully permitted as of proposal submittal date ➢ Acceptability of food soiled paper • Proposed C&D processing facility: ➢ Capacity reserved for City of Tustin ➢ Processing equipment and configuration ➢ Residue percentage ➢ End uses for diverted material(s) ➢ Fully permitted as of proposal submittal date • Proposed Bioengineered Feedstock facility (if applicable) ➢ Capacity reserved for City of Tustin ➢ Acceptability of food soiled paper ➢ Delivery schedule confirmed by facility for Tustin ➢ Fully permitted as of proposal submittal date • Proposed Anaerobic Digestion facility (if applicable) ➢ Capacity reserved for City of Tustin ➢ Delivery schedule confirmed by facility for Tustin ➢ Fully permitted as of proposal submittal date ➢ Acceptable digestate handling practices ■ Digestate is composted by contractor or by a third - party. This is the preferred digestate handling practice. ■ Digestate is land -applied on parcels larger than 5 acres in complete compliance with Title 14 CCR Section 17852(a)(24.5)(A) et seq. and CDFA and USDA laws and regulations. This will be judged as a less desirable digestate handling practice. ■ Digestate is land -applied on parcels five acres or 42 less, which is the least desirable digestate handling practice and may not be approved by the City if proposed. ➢ Acceptability of food soiled paper ➢ Willingness of Proposer to share incentive revenues (e.g. RI N's, LCFS) to reduce cost to ratepayers • Public education strategy for all subsectors of material stream (i.e. residential, multifamily, commercial, C&D, other as identified.) • Implementation plan: ➢ Ability to meet implementation schedule ➢ Experience in starting up operations in a City the size of Tustin or larger ➢ Documented ability to provide necessary equipment ➢ Staffing plan ➢ Approach to coordinating the broad mandated program diversion levels across the various Residential, Multi -family, and Commercial generators ➢ Plan for adopting technology into the collection/diversion operations during years 3 and 7 of the term of the contract. ➢ Plan for implementing light -weight vehicles in years 1,3,5, and 7 of the contract • Types of training and educational programs for business and multifamily property managers and each generator's operational staff • Environmental responsibility, including: ➢ Level and type of vehicle fleet emissions ■ Use of lightweight vehicles for collection of recyclables ■ Use of alternative propulsion collection vehicles (i.e. hybrid electric, biogas, hydrogen, etc.) ➢ Use of recycled products (including paper, motor oil, and recapped tires) on or off-site ➢ Use of the least toxic alternatives in vector and pest management or Integrated Pest Management (IPM) ➢ Corporate sustainability certifications, including California Green Business Network certification, Zero Waste certification, LEED certification, e -Steward certification, etc. ➢ Inclusion of sustainability goals in corporate documents, including annual or quarterly reports ➢ Training drivers in fuel efficient driving practices ➢ Source reduction efforts • Willingness, ability and past performance in thorough monthly and 43 annual reporting of collected, diverted, and disposed tons, including providing detailed reporting from all processing facilities, landfills, and transfer stations. Detailed reporting on AB 341, 1826, and SB 1383 program implementation and tracking of results, training, and program maintenance follow-up schedules. Financial Capability . Financing capacity and strength • Evidence that financing requirements will be fulfilled • Financial strength and stability of the Proposer to guarantee performance of the Contract • Demonstrated ability to accurately estimate collection and diversion program costs and results • Demonstrated financial understanding of the rate impact of 75% of materials being diverted with MSW reduced to 25%. • Demonstrated capacity to handle risk factors in the Contract, such as fluctuations in market value of recyclables, variation of energy credits and interfacing with Waste Water Treatment Plants for co - digestion of bioengineered feedstock(s). • Demonstrated record and capability of consistent and accurate financial reporting • Demonstrated ability to perform the scope of services in municipal contracts for the costs/rates agreed to in the Contract Agreement • Demonstration of corporate ethics Diversion Strategy . Does proposal maximize diversion rates and participation levels • Does proposal minimize contamination of recyclables, yard trimmings, food scraps, C&D waste • Demonstrated ability to meet AB 939, AB 341, AB 1826, AB 1594, SB 1383 diversion requirements in another jurisdiction the size of the City of Tustin or larger. • Elimination of Yard Trimmings from Alternative Daily Cover use and diversion to facility(ies) that provide CalRecycle-approved diversion credit. • Number of FTE devoted to implementation and maintenance of diversion programs • Experience of assigned FTEs with diversion program implementation in other cities or counties • Total proposed diversion in tons as percent of collected tons. • Reasonableness and technical feasibility of proposed diverted tons and percentages. Cost Evaluation . Proposed costs: ➢ Basic services ➢ Additional services ➢ Cost incentives for businesses that incorporate new Representatives of the City may contact references listed, and/or other public/private entities known to have contracted with Proposer, as part of the evaluation process. The total annual cost for each Proposer's services will be calculated by taking the proposed rates for each service and multiplying them by the approximate number of customers currently subscribing to each type and level of service. The resulting monthly dollar amount will be annualized and used to compare the total annual cost with the total annual cost of other Proposers. 45 diversion programs ➢ Cost impacts of proposed rates on customers with existing diversion programs ➢ Use of innovation to reduce costs • "Smart" Bins and carts • Dynamic Routing using "Smart" Bin technology • Less expensive collection vehicles for single stream recyclables • Supporting documentation ➢ Completeness ➢ Reasonableness ➢ Clear cost buildups and assumptions included in Proposal Form 25 ➢ Clear documentation showing how innovations and/or sharing of incentives (e.g. RI NS, LCFS) to reduce cost to ratepayers of providing service Procedural . Proposer's compliance with: Compliance ➢ Requested proposal format and requirements ➢ No additional or alternate programs proposed ➢ Adherence to City Council RFP Process Protocol ➢ Requests for additional information or explanation of proposal AB 1669 Employment • Proposer's willingness to offer employment to the incumbent's Offers to Incumbent's employees Employees Representatives of the City may contact references listed, and/or other public/private entities known to have contracted with Proposer, as part of the evaluation process. The total annual cost for each Proposer's services will be calculated by taking the proposed rates for each service and multiplying them by the approximate number of customers currently subscribing to each type and level of service. The resulting monthly dollar amount will be annualized and used to compare the total annual cost with the total annual cost of other Proposers. 45 5.3 PROPOSAL FORMS Proposal Forms are included in Section 5.5 and request data in both narrative and tabular form. Proposers shall utilize the electronic versions of the forms, which are provided on the USB media included with this RFP packet. Completed forms must be returned with proposals in both hard copy and electronic copy as described above in RFP Sections 1.3.1 and 1.3.2. Attach additional pages to forms as necessary. 5.4 CITY COUNCIL AWARD OF CONTRACT As noted in the schedule contained in RFP Sections 1 and 3, the City Council is scheduled to award a Contract to the selected Proposer on August 21, 2018. we 5.5 PROPOSAL FORMS Proposal Proposal Form Title Form # 1 Proposal Transmittal Letter 2 Proposer Information 3 Proposer Background and Experience 4 Proposer References 5 Names and Resumes of Key Personnel 6 Structure of Project Team 7 List of Contractor -Furnished Personnel 8 Collection Vehicles to Be Furnished By Contractor 9 Plan to Provide Light Weight Collection Vehicle(s) 10 Plans to Incorporate On -Board Technology to Increase Safety and Efficiency 11 Plans for Incorporation of Technological Innovation Numbers and Types of Containers to be Furnished by Contractor and Cart Specifications Implementation Plan Contractor's Detailed Description of Diversion Programs 12 13 14 15 Description of Materials Recovery Processing Facility(ies) — Clean MRF 16 Description of Food Scrap and/or Yard Trimmings and/or Co -Collected Yard Trimmings and Food Scraps Processing Facility(ies) To Be Used — Composting Facility 17 Description of Food Scrap Processing Facility(ies) — Bioengineered Feedstock 18 Description of Food Scrap and/or Yard Trimmings and/or Co -Collected Yard Trimmings and Food Scraps Processing Facility(ies) To Be Used —Anaerobic Digestion Description of Construction and Demolition Debris Processing Facility(ies) To Be Used Pending Litigation Exceptions to Contract Financial Statements 19 20 21 22 23 AB 1669 Statement 24 Proposer's Preferred Collection and Processing Methodology(ies) 25 Proposed Rates to Be Charged 47 PROPOSAL FORM 1 PROPOSAL TRANSMITTAL LETTER (PROPOSER TO RETYPE ON COMPANY LETTERHEAD) [Date] Stacy Cuevas Publics Works Manager City of Tustin 300 Centennial Way Tustin, California 92780 Dear Ms. Cuevas: In response to the Request for Proposals For the Collection, Transportation Processing and Diversion of Recyclable Materials and Other Materials and For the Collection, Transportation and Disposal of Municipal Solid Waste dated March 20, 2018 [Insert name of Proposer] hereby proposes to provide said services in accordance with this Proposal, which includes the Proposal Forms and accompanying materials submitted with this Proposal, and the materials submitted in response to the City's RFP. The Proposer has thoroughly read and is familiar with the RFP, including all Appendices and any addenda thereto. The Proposer has conducted its own investigation and any research it deemed necessary to obtain additional data and/or verify the information contained in the RFP in order to submit this proposal. The Proposer understands that the City of Tustin may reject any and all Proposals, negotiate prices and terms with one or more proposers, and may take other action as described in the RFP. The Proposer assures the City of Tustin that the information contained in this Proposal, including the Proposal Forms, accompanying materials submitted with it, and all of the information contained in response to the City's RFP is correct in all material respects. The person signing this Proposal on behalf of the Proposer is authorized to do so according to Section 1.3.3 of the RFP. Sincerely, [Name of Proposer] Name: Title: PROPOSAL FORM 2 PROPOSER INFORMATION The following person(s) should be contacted concerning questions about the submitted proposal: Company Name: Contact Person: Address: Telephone: Fax: E -Mail: Cell Phone: Type of entity (corporation, partnership, sole proprietorship, joint venture, etc.): Date of incorporation or formation: Historical synopsis (including organization and ownership structure): Names of Company Officers: • Chief Executive Officer: • Chief Financial Officer: • Chief Operating Officer: Names of principal owners, general partners, or shareholders, if different from Officers: Number of years operating experience in collection operations: PROPOSAL FORM 3 PROPOSER BACKGROUND AND EXPERIENCE Describe the qualifications and experience of each member of the Project team related to the Project. If the Proposer is comprised of more than one company, describe the qualifications and experience for each company (team member) separately. Include the following information for each Project team member. 1. Brief overview of types of services currently provided by the Proposer. 2. History of the Proposer in providing recycling and solid waste collection services. Include number of years involved in the field. 3. History of the Proposer in the operation and/or use of material recovery facilities, composting facilities, food scrap processing facilities and construction and demolition waste processing facilities. Include number of years involved in the field. 4. Experience of Proposer in design and successful implementation of diversion programs. Include the resulting program diversion rates. 5. Discussion of Proposer's health and safety experience and history of providing recycling and solid waste collection services, including workers' compensation experience modification factor. 6. Other information, as necessary, to substantiate that the Proposer has the capability to perform all of the services described in the Contract included in the RFP. 7. Information on any use/experience with "Smart Bin" monitoring, Dynamic Routing, cloud -based data management of collection, bin utilization, and dynamic frequency of collection adjustments. PROPOSAL FORM 4 PROPOSER REFERENCES Provide three complete references of relevant business and project experience in providing solid waste, recyclables, and food scrap collection for public agencies. Include customer or project names, locations, project or service description, duration, principal contacts, etc.: 1. 2. Kl Provide a complete list of references for all municipal contracts, serviced by Proposer in jurisdictions within California with a population of 75,000+. Include the municipality name and principal contact. 1. 2. 3. 4. 5. Provide three complete references of relevant business and project experience in providing materials recovery facility, composting facility, food scraps processing facility, yard trimming processing facility, and construction and demolition waste processing for public agencies. Include customer names, locations, project or service description, duration, principal contacts, etc. 1. 2. 10 PROPOSAL FORM 5 NAMES AND RESUMES OF KEY PERSONNEL Indicate the names of the key personnel that will be responsible for collection operations and the areas of the management, operations, and line personnel listed below. The key project personnel marked with star (*) below shall not be substituted without prior written permission from the City. General Manager* Operations Manager* Manager of Recycling Coordinators* Senior Manager(s) Responsible For Marketing of Food Scraps/Yard Trimmings/Compost Products and/or AD Energy and Digestate* Customer Service Manager Maintenance Supervisor Billing Specialist Reporting and Compliance Supervisor Field Supervisor Describe the qualifications and experience of the key personnel related to collection operation. Resumes will include the following information for each of the key personnel listed above: 1. Name 2. Role in proposed Project 3. Educational background and training 4. Number of years of experience in related field(s). Describe type of activities most usually undertaken, and names of jurisdictions served. 5. Experience directly related to role in proposed Project. This form will become Attachment G to the final contract. PROPOSAL FORM 6 STRUCTURE OF PROJECT TEAM Attach to this form an organization chart for the proposed project team. Identify the individual who has overall responsibility for the project and who will serve as the Proposer's representative. Include the names and titles of persons responsible for managing the collection operation and any other major responsibility areas deemed appropriate. If the proposer is a division or part of a larger parent company, list the names, titles and physical office location (city and state) of the persons that the local division management will report to in the parent company. PROPOSAL FORM 7 LIST OF CONTRACTOR -FURNISHED PERSONNEL Office and Management Headcount (Number of FTE) Position Description Number of FTE Operations Manager Field Supervisor Supervisor Recycling Coordinators City Liaison Office Manager Route Manager Customer Service Representatives Dispatchers Other: Other: Other: General Manager Senior Manager(s) Responsible for Marketing of Food Scraps/Yard Trimmings/Compost Products and/or AD Energy and Digestate Collection and Transportation Headcount (leave blank if the position is not proposed): Labor Category Number of FTE: Residential Collection MSW Driver Recycling Driver Yard Trimmings and Co -collection Driver Food Scraps Driver (as directed by City) Residential Route Manager Other Residential Driver: Other Residential Driver: TOTAL RESIDENTIAL DRIVERS Commercial and Multi -Family Collection MSW Drivers MSW Helpers Recycling Drivers (Single Material and Single Stream) Recycling Helpers (Single Material and Single Stream) Yard Trimmings Drivers Yard Trimmings Helpers Food Scraps Drivers Food Scrap Helpers Co -collected Food Scraps and Yard Trimmings Drivers Co -collected Food Scraps and Yard Trimmings Helpers Commercial/Multi-family Route Manager Other Com/MF Driver: Other Com/MF Driver: TOTAL COMMERCIAL/MULTI-FAMILY DRIVERS Roll -off Collection MSW Compactors Recycling (Single Material, Single Stream, Food Scraps, Yard Trimmings) Compactors C&D Roll -off Route Manager Other Roll -off Drivers: TOTAL ROLL -OFF DRIVERS Miscellaneous Drivers and Support Relief Drivers & Spares Box Truck Drivers Bulky Route Drivers E-waste/U-waste/White Goods Route Drivers Container Delivery Drivers Scout Service Drivers Mechanics Mechanics Helpers Other Misc. and Support: TOTAL MISC AND SUPPORT TOTAL PROPOSED COLLECTION/TRANSPORTATION HEADCOUNT This form will become Attachment G to the final contract. PROPOSAL FORM 8 COLLECTION VEHICLES TO BE FURNISHED BY CONTRACTOR Fill in the manufacturer, number and type of vehicles in all categories below. Include a narrative description of the type(s) of alternative fuel vehicles proposed to be used in the City. Provide the name, address, contact person and contact information for the manufacturer of the vehicles and the alternative fuel components of the vehicles. If any of the vehicles listed in the table below will not be alternative fuel vehicles, state the reason and the type of fuel that will be used. This form will become Attachment F-1 to the final contract. # of Vehicles Vehicle Manufacturer Vehicle Type Fuel Type Residential MSW Collection Residential Yard Trimmings/Food Scraps Co - Collection Residential Recyclables Collection Residential Source -separated Food Scrap Collection (if directed by the City) Commercial/Multi-Family MSW Collection Commercial/Multi-Family Single Material Recyclables Collection Commercial/Multi-Family Single Stream Recyclables Collection Commercial/Multi-Family Yard Trimmings Collection Commercial/Multi-Family Food Scrap Collection Commercial/Multi-Family Co -collected Yard Trimmings and Food Scrap Collection Roll -off MSW Collection Roll -off Recycling Collection Bulky Items Special item collection (e -waste, u -waste, HHW, etc.) Route manager Recycling Coordinators Other vehicles: This form will become Attachment F-1 to the final contract. PROPOSAL FORM 9 PLAN TO PROVIDE LIGHT WEIGHT COLLECTION VEHICLE(S) The concept of replacing a $320,000+ front -loader with its heavy construction and hydraulics suitable for the collection of MSW bins weighing 250 to 500 pounds with a lighter -weight and lower-cost vehicle has been proven. The lower cost and lighter vehicle has been utilized to collect recyclable materials with bin weights of 60 to 90 pounds and carries the lighter load of recyclables back to the processing facility. Please describe the plan to incorporate light weight vehicles, including the specific route assignments proposed for the light -weight vehicles; the number of light -weight vehicles proposed for the City in years 1, 37 5, and 7 (if variation in vehicle inventory is anticipated); estimated capital and fuel cost -savings for the deployment of the light- weight vehicle; how the cost -savings will be returned to the rate payers; the type, specs, and manufacturer of the light -weight vehicle; and any other information related to the deployment of lightweight vehicles in the City. This form will become Attachment F-2 to the Contract. PROPOSAL FORM 10 PLANS TO INCORPORATE ON -BOARD TECHNOLOGY TO INCREASE SAFETY AND EFFICIENCY It is becoming standard in the solid waste industry to include tools and equipment on- board collection vehicles to increase collection efficiency, enhance driver and pedestrian safety, to track driver locations and service history, and to increase overall accountability. Tools such as on -board tablets, GPS systems, barcode scanners, video and still photography, back up cameras, etc. have been employed by hauling companies to deliver results more efficiently and safely. Please describe the types of on -board technology that are planned for the City of Tustin and how this technology will benefit the City's ratepayers. Describe your plans to adjust driver productivity requirements and metrics to encourage the identification of Contamination in Containers. Further, describe any plans to utilize on -board technology to notify customers and Recycling Coordinators of observed contamination incidents (see section 5.5 of Attachment B). This form will become Attachment F-3 to the Contract. PROPOSAL FORM 11 PLANS FOR INCORPORATION OF TECHNOLOGICAL INNOVATION Describe the proposer's plans to incorporate technological developments such as: the use of smart bins to indicate how much of the capacity of the bin is being used and to notify dispatch when the bin requires servicing (via 3G network or by other means); the use of dynamic routing to service bins only when they are full; the use of new vehicle propulsion technologies; `pay as you throw' systems; on -board scales and barcodes to note container weights and service events; etc. The use of `smart' bins also allows for dynamic routing wherein commercial accounts would be serviced only when bins are at 80% or more full. Such an integrated system would also allow for the development of real-time billing and access to service issues via a cloud -based system. If proposer does not anticipate implementing any of these, or similar technological innovations within the term of the contract, please indicate same in this form. This Form Will Become Attachment F-4 to the Contract PROPOSAL FORM 12 NUMBERS AND TYPES OF CONTAINERS TO BE FURNISHED BY CONTRACTOR AND CART SPECIFICATIONS Proposer shall include the proposed numbers, types, dimensions, manufacturer, and colors of commercial, residential, and roll -off containers that it will provide to all customers within the City. Minimum standards for the Containers and Cart submitted by the Proposer are contained in Attachment E. Note below, Proposers submittal detailing the proposed numbers, types, dimensions, manufacturer, and colors will become attached to the standards of Attachment E. This form will be included with the Cart specifications to become a part of Attachment E to the contract. PROPOSAL FORM 13 IMPLEMENTATION PLAN Provide a narrative description of all activities to be completed in order to commence collection, transportation, processing and disposal operations on April 1, 2019. Include all areas of service including ordering, painting and licensing of new collection vehicles, arrangement for fueling of alternative fuel vehicles, routing the City, preparation for customer billing, deployment of any new carts, bins, roll off boxes and compactors; preparation of public education materials required in contract, status meetings with the City, and all other steps that will be taken to prepare for roll out in Tustin. Include a chart showing each week of the implementation period, beginning with August 2018 and going through March 31, 2019, of all activities that will occur prior to the start of collection operations on April 1, 2019, and key activities that will occur in the first 60 days of operations (troubleshooting, switch out of carts if customers change cart size, responding to questions from customers, etc.). This form will become Attachment C to the final contract. PROPOSAL FORM 14 CONTRACTOR'S DETAILED DESCRIPTION OF DIVERSION PROGRAMS The Contractor will provide a detailed description of each diversion program that is identified in Attachment B, Scope of Work, Table 1. These descriptions shall be complete in all respects containing details on collection routing, materials handling, container usage, processing, and assumptions on amounts of material projected to be diverted. Include a plan describing how the technical assistance from recycling coordinators will be provided to implement the required diversion programs at all AB 341, 1826, and SB 1383 Customers. The educational component for each of the programs shall also be fully described. Where applicable please refer to the corresponding CalRecycle DPS codes. This form will become Attachment W to the final contract. PROPOSAL FORM 15 DESCRIPTION OF MATERIALS RECOVERY PROCESSING FACILITY(IES) — CLEAN MRF (INCLUDING LETTER DEMONSTRATING CAPACITY AND ABILITY TO RECEIVE MATERIAL) Provide the name and address of the Materials Recovery Facility (ies) that are proposed to be used to process Single Material Separated Recyclable Materials and Single Stream Recyclable Materials MRFs from the City of Tustin. (Refer to the definitions of these capitalized terms in Attachment A of the contract. Refer to the program descriptions in the Scope of Work in Attachment B of the contract). Provide the name and contact information for the Manager of the MRF(s) that are proposed. Describe the type of processing equipment that is used at the MRF, the type and number of sort lines that are available, and the processing capacity (in tons per hour, tons per working day and tons per year) that has been reserved for the City of Tustin. If the proposed MRF(s) is owned by the Proposer, describe the total permitted tons per day and per year allowed by the facility's permits and the total amount of capacity already committed to other users (provide list of existing users and daily and annual tons). Show how there is sufficient additional permitted capacity at the proposed facility to accommodate the tons that will come from Tustin, including the Proposer's estimate of the tons that will be processed in each of the above material categories (Single Material Recyclables and Single Stream). If the proposed MRF(s) is owned by another company, provide a copy of the contract between the Proposer firm and the MRF owner showing the tons of processing capacity reserved for the City of Tustin (for each type of materials, as above), the price to be charged, and the other key terms of the agreement. The agreement should show that the capacity is reserved for Tustin for a minimum of three years beginning April 1, 2019. This form will become Attachment 0 to the Contract. PROPOSAL FORM 16 DESCRIPTION OF COMPOST PROCESSING FACILITY (IES) TO BE USED FOR YARD TRIMMINGS AND/OR FOOD SCRAPS AND/OR CO -COLLECTED YARD TRIMMINGS AND FOOD SCRAPS (INCLUDING LETTER DEMONSTRATING CAPACITY AND ABILITY TO RECEIVE MATERIAL) Provide the name and address of the Compost Facility that is being proposed to process Yard Trimmings, Food Scraps, and Co -collected Yard Trimmings/Food Scraps (as directed by City) from the City of Tustin. If different facilities are to be used for each material, or combination of materials, list all of the facilities proposed and the material(s) that are to be processed at each of the Compost Facilities. (Refer to the definitions of Yard Trimmings, Food Scraps, and Co -collected Yard Trimmings/Food Scraps in Attachment A of the contract. Refer to the program descriptions in the Scope of Work in Attachment B of the contract). Provide information on whether or not the facility accepts Food Soiled Paper and, if so, what percent of the incoming feedstock can consist of Food Soiled Paper and what types of Food Soiled Paper can be accepted. If Food Soiled Paper is accepted at the proposed facility, please identify if it will be considered a contaminant or if it will be processed as an acceptable of the feedstock. If Food Soiled Paper is considered a contaminant, where will it be taken? Provide the name and contact information for the Manager of the Compost Facility that is proposed. Describe the type of processing equipment that is used at the facility and the processing capacity (in tons per hour, tons per working day and tons per year) that has been reserved for the City of Tustin. If the proposed Compost Facility is owned by the Proposer's firm, describe the total permitted tons per day and per year allowed by the facility's permits and the total amount of capacity already committed to other users (provide list of existing users and daily and annual tons). Show how there is sufficient additional permitted capacity at the proposed facility to accommodate the tons that will come from Tustin, including the Proposer's estimate of the tons that will be processed in each of the above material categories. If the proposed Compost Facility is owned by another company, provide a copy of the contract between the Proposer and the Compost Facility owner showing the tons of processing capacity reserved for the City of Tustin - the price to be charged, and the other key terms of the agreement. The agreement should show that the capacity is reserved for Tustin for a minimum of three years beginning April 1, 2019. This form will become Attachment Q to the Contract. PROPOSAL FORM 17 DESCRIPTION OF PROCESSING FACILITY (IES) — BIOENGINEERED FEEDSTOCK (INCLUDE LETTER DEMONSTRATING CAPACITY AND ABILITY TO RECEIVE MATERIAL) Provide the name and address of the Bioengineered Feedstock Facility(ies) that are proposed to be used to process Food Scraps in a manner that achieves levels of Contamination such that they are accepted by the Food Scrap Facility produced by the City of Tustin. (Refer to the definitions of these capitalized terms in Attachment A of the contract. Refer to the program descriptions in the Scope of Work in Attachment B of the contract). Provide the name and contact information for the Manager of the Engineered Feedstock Food Scrap Facility(s) that are proposed. Describe the type of processing equipment that is used at the Bioengineered Feedstock Food Scrap Facility(s), the level of contamination allowed, the type and number of receiving floors that are available, the processing capacity (in tons per hour, tons per working day and tons per year) that has been reserved for the City of Tustin, the process to prepare/pre-process the organics before being delivered to the Waste Water Treatment Facility, the process to remove contaminates from the Food Scraps stream, the conversion from solid (tons) to liquid measurements (gallons) after the Food Scraps are pre-processed at the facility, and the average Total Suspended Solids percentage after being processed. Provide information on whether or not the facility accepts Food Soiled Paper and, if so, what percent of the incoming feedstock can consist of Food Soiled Paper and what types of Food Soiled Paper can be accepted. If Food Soiled Paper is accepted at the proposed facility, please identify if it will be considered a contaminant or if it will be processed as an acceptable of the feedstock. If Food Soiled Paper is considered a contaminant, where will it be taken? If the proposed Bioengineered Feedstock Food Scrap Processing Facility is owned by the Proposer, describe the total permitted tons per day and per year allowed by the facility's permits and the total amount of capacity already committed to other users (provide list of existing users and daily and annual tons). Show how there is sufficient additional permitted capacity at the proposed facility to accommodate the tons that will come from Tustin, including the Proposer's estimate of the tons of Food Scraps that will be processed. Please also indicate which Waste Water Treatment Plant(s) will ultimately receive the materials, how many gallons of processed Bioengineered Feedstock from the City of Tustin will be delivered to the facility per month, and the final destination(s) of the post - digestion residuals. Please also include all permit information for the Waste Water Treatment Facility that will accept the Bioengineered Feedstock as well permit information for the facility(ies) that will ultimately accept the residual sludge from the Waste Water Treatment Facility. Include information about how residuals will be processed by the hauler and if residual will be diverted or landfilled. Residuals include non -acceptable materials removed from the Food Scraps stream at the Bioengineered Feedstock Processing Facility; materials removed from the Bioengineered Feedstock stream delivered to the Waste Water Treatment Facility; and materials removed when the residual is delivered to the ultimate residual processing facility. Include information about specific markets in which residual will be sold into, if applicable, or if it will be land applied. Lastly, please include specifics of how state and federal incentives for renewable natural gas and/or electricity generated by the Bioengineered Feedstock Food Scrap Processing Facility will be used to reduce the rates charged to the City's ratepayers. If the proposed Bioengineered Feedstock Food Scrap Processing Facility(s) is owned by another company, provide a copy of the contract between the Proposer firm and the Bioengineered Feedstock Food Scrap Processing Facility owner showing the tons of processing capacity reserved for the City of Tustin, the price to be charged, and the other key terms of the agreement. The agreement should show that the capacity is reserved for Tustin for a minimum of three years beginning April 1, 2019. This form will become Attachment P to the Contract. PROPOSAL FORM 18 DESCRIPTION OF FOOD SCRAP AND/OR YARD TRIMMINGS AND/OR CO - COLLECTED YARD TRIMMINGS AND FOOD SCRAPS PROCESSING FACILITY (IES) TO BE USED — ANAEROBIC DIGESTION (INCLUDING LETTER DEMONSTRATING CAPACITY AND ABILITY TO RECEIVE MATERIAL) Provide the name and address of the Anaerobic Digestion (AD) Food Scrap Processing Facility that is being proposed to process Yard Trimmings, Food Scraps, and Co - collected Yard Trimmings/Food Scraps (as directed by City) from the City of Tustin. (Refer to the definitions of Yard Trimmings, Food Scraps, and Co -collected Yard Trimmings/Food in Attachment A of the contract. Refer to the program descriptions in the Scope of Work in Attachment B of the contract). Provide the name and contact information for the Manager of the AD Food Scrap Processing Facility that is proposed. Describe the type of processing equipment that is used at the facility and the processing capacity (in tons per hour, tons per working day and tons per year) that has been reserved for the City of Tustin. Provide information on whether or not the facility accepts Food Soiled Paper and, if so, what percent of the incoming feedstock can consist of Food Soiled Paper and what types of Food Soiled Paper can be accepted. If Food Soiled Paper is accepted at the proposed facility, please identify if it will be considered a contaminant or if it will be processed as an acceptable of the feedstock. If Food Soiled Paper is considered a contaminant, where will it be taken? If the proposed AD Food Scrap Processing Facility is owned by the Proposer's firm, describe the total permitted tons per day and per year allowed by the facility's permits and the total amount of capacity already committed to other users (provide list of existing users and daily and annual tons). Show how there is sufficient additional permitted capacity at the proposed facility to accommodate the tons that will come from Tustin, including the Proposer's estimate of the tons that will be processed in each of the above material categories. Please include information about how residual Digestate will be processed by the hauler and if Digestate will be diverted or landfilled. Please include information about specific markets in which digestate will be sold into, if applicable, or if it will be land applied. Lastly, please include specifics of how state and federal incentives for renewable natural gas and/or electricity generated by the AD Food Scrap Processing Facility will be used to reduce the rates charged to the City's ratepayers. Proposers shall provide a flow diagram showing the flow of organic materials into the digestor, the byproducts including liquid and solid digestate and biomethane, how byproducts are handled and processed, how byproducts are marketed, specific markets for solid and liquid Digestate including land application, other proposed uses of Digestate including beneficial reuse and Alternative Daily Cover. If the proposed AD Food Scrap Processing Facility is owned by another company, provide a copy of the contract between the Proposer and the AD Food Scrap Processing Facility owner showing the tons of processing capacity reserved for the City of Tustin - the price to be charged, digestate disposition and handling practices, how government incentives will mitigate gate fees, and the other key terms of the agreement. The agreement should show that the capacity is reserved for Tustin for a minimum of three years beginning April 1, 2019. This form will become Attachment R to the Contract. PROPOSAL FORM 19 DESCRIPTION OF CONSTRUCTION AND DEMOLITION DEBRIS PROCESSING FACILITY (IES) TO BE USED (INCLUDING LETTER DEMONSTRATING CAPACITY AND ABILITY TO RECEIVE MATERIAL) Provide the name and address of the Construction and Demolition Debris Processing Facility being proposed for C&D materials collected in the City of Tustin. (Refer to the definition of Construction and Demolition Debris in Attachment A of the contract. Refer to the program descriptions in the Scope of Work in Attachment B of the contract). Provide the name and contact information for the Manager of the Construction and Demolition Debris Processing Facility that is proposed. Describe the type of processing equipment that is used at the facility and the processing capacity (in tons per hour, tons per working day and tons per year) that has been reserved for the City of Tustin. If the proposed Construction and Demolition Debris Processing Facility is owned by the Proposer, describe the total permitted tons per day and per year allowed by the facility's permits and the total amount of capacity already committed to other users (provide list of existing users and daily and annual tons). Show how there is sufficient additional permitted capacity at the proposed facility to accommodate the tons that will come from Tustin, including the Proposer's estimate of the tons of Construction and Demolition Debris that will be collected annually. Please also show that the facility can meet the current CALGreen C&D diversion requirement of 65% and the anticipated 75% C&D diversion requirement by 2020. If the proposed Construction and Demolition Debris Processing Facility is owned by another company, provide a copy of the contract between the Proposer and the Construction and Demolition Debris Processing Facility owner showing the tons of processing capacity reserved for the City of Tustin for C&D material, the price to be charged, evidence of the facility -wide diversion rate meeting or exceeding the CALGreen requirement of 65%, and the other key terms of the agreement. The agreement should show that the capacity is reserved for Tustin for a minimum of three years beginning April 1, 2019. This form will become Attachment S to the Contract. PROPOSAL FORM 20 PENDING LITIGATION Please list all civil or criminal legal actions now pending against the Proposer. Please provide (1) the name of the action, (2) the court in which it is pending, (3) the docket number, (4) the amount at issue, and (5) a brief statement of the current status of all criminal actions and all civil actions involving amounts greater than 10 percent of your firm's annual revenue. If the Proposer is a corporation, please include in your answer all actions that are pending that involve as a party a current corporate officer or a person who served as an officer within the last two years, which arise from the officer's activities on behalf of the corporation. If Proposer is a subsidiary of a "parent" corporation, please include in your answer all actions involving the "parent" corporation. If Proposer is a "parent" corporation with subsidiary corporations, please include in your answer all actions involving those subsidiary corporations including all affiliated corporations (i.e. those under common ownership and control by the same parent or ultimate parent corporation.) If Proposer is a partnership, please include in your answer all legal actions involving individual partners, which arise from their activities on behalf of the partnership, not otherwise disclosed in your answer. If Proposer is a Limited Liability Corporation (LLC), please provide the information requested above for each member of the LLC. If Proposer is a joint venture, please provide the information requested above for each member of the joint venture. PROPOSAL FORM 21 EXCEPTIONS TO CONTRACT List any of the sections in the contract to which the Proposer takes exception. Include the specific language to which Proposer takes exception. Explain the basis for the exception. Propose specific alternative language that is acceptable to Proposer. PROPOSAL FORM 22 FINANCIAL STATEMENTS Attach to this form the two most recent audited annual financial statements and reports for the Proposer and all subcontractors. If a Proposer or subcontractor has been in business for less than 2 years, state this fact and provide financial statements from major shareholders, such as bank and brokerage reports, as available. If Proposer is a joint venture, include audited financial statements for all members of that joint venture. The Proposer authorizes the City to contact the financial institutions listed below and to use information provided by them to evaluate the responsibility of the Proposer. 1. Banking Reference Name of Bank: Address: Person to Contact: Contact Telephone: 2. Surety Reference Name of Surety: Address: Person to Contact: Contact Telephone: 3. Insurance References A) General Liability Name of Insurance Company: Address: Person to Contact: Contact Telephone: B) Workers' Compensation Name of Insurance Company: Address: Person to Contact: Contact Telephone: PROPOSAL FORM 23 AB 1669 STATEMENT SB 1669 (Labor Code Chapter 4.6, Division 2, Part 3, Section 1070 et seq.) requires public agencies conducting a solid waste collection procurement to give a 10% preference to proposers who agree to retain, for a specified period, certain employees who were employed to perform essentially the same services by the previous contractor. Such a proposer is required to offer employment to those employees, except for reasonable and substantiated cause. Proposers shall review the above -referenced sections of the Labor Code and the text in Section 7.05 1 of the contract. Indicate on this Proposal Form whether the Proposer is willing to offer employment to employees of the City of Tustin's current contractor as described in the referenced Labor Code Sections, if Proposer is selected and awarded the contract. If the Proposer is the City's current contractor for the solid waste and recycling collection and processing contract, please indicate whether or not the Proposer commits to retaining its current employees, except for reasonable and substantiated cause, as those are described in the referenced Labor Code Sections. If there is any part of the Labor Code requirements that the Proposer will NOT follow, please indicate those on this Proposal Form. PROPOSAL FORM 24 PROPOSER'S PREFERRED COLLECTION AND PROCESSING METHODOLOGY(IES) All proposers have been asked to provide rates for ALL Food Scrap and Yard Trimming collection and processing technologies in Proposal Form 25. In this form, please indicate which collection and processing methodology(ies) that the Proposer believes would be the most cost-effective system to meet the performance metrics set forth in Article 6.09 of the Contract for the following Food Scrap and Yard Trimming collection and processing programs. Also indicate why these preferred collection and processing methodologies would be in the best interest of the City. Proposer's Proposer's Stream Component Preferred Collection Preferred Processing Methodology Methodology Curbside Yard Trimmings Curbside Food Residential Scraps Curbside Co - collected Food Scraps and Yard Trimmings Yard Trimmings Food Scraps Commercial/Multi- Family Co -collected Food Scraps and Yard Trimmings PROPOSAL FORM 25 PROPOSED RATES TO BE CHARGED Please complete the rate forms Excel Workbook provided as Proposal Form 25. 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U n D U ❑ U Un ❑ Un d' ❑ Un V7 V7 V7 s L C C CC C V Y 0 V U Y U U W U D OO O " a 21 R E3 r4i ❑ ❑ ❑ ZA L m N Y V N V m V m V d n D n D D ❑ t' V tm' V rJ V V V F II F II F F II F II F II Ute-. IJ3.. I- LL LL LCL + + i + + + u V U D D ❑ s l � m n m s m u � m � O U � Z Z N Z O m m m m m m o U U xa U a Un a Un o N N m N m aN m T] 41 41 G1 0 O O N N N m m m U 'm m mm L U Cl D U ❑ U Un ❑ Un d' ❑ Un V7 V7 V7 s LD LD U Y 0 Y U Y [] W U W U OO " O 21 R E3 r4i ❑ ❑ ❑ ZA L Y V V V V V V m D LO m E Q Q Q Q U m m pl � O U � N 3 O U o C o C m a LL m T ma 0 � T m U 'm m mm L U Cl D > > O M m s LD LD D LO m E Q Q Q Q U m m pl / QS � k 3 £ 2 2 QS A ) ) A ) ) A ) ) = A ) ) / / f 7 f k f 2 / / § / 2 / / § 2 / / § Loi 2 QS QS c 2 ƒƒ 2 ) � co � m 4p \ / « f & § £ I � &§ f 3 / \ \ / ) k / k a \ \ k j E $ 3 7Ll QS c ) � � } \ I � ) ; E $ 3 7Ll � � ) e ! ) ) � ■ ■ c � � ! / j 2 $ / | w QS QS o / e e e e e E � = ; f ) & § E \ { f u f a | f \ } \ \ \ \ \ / ) \ \ \ K R R K R J G G G G ® ) , . . . . QS o / \ ) \ 2 E � = ; f ) & § E \ { f u f a | f QS o / \ 2 } E / 0 § E \ \ f u f a | f } \ \ \ \ / ) QS o k / 2 } E / 0 f t \ m | f } \ \ \ \ / ) QS o } } E / 0 f | f \ / ) QS A ) ) § £ ±LL � k k mi ma § } > @ § ) ) \ | f A ) A ) ) ) K Li § Ll � - f ) 3 E ) § \ ) ) \ \ ) ) \ " 8 G LL , , • A ) ) § £ ±LL � k k § } > @ § ) ) \ | f A 2 � ) � f } \ ) \ § } > @ § ) ) \ \ 3m � / A ) A ) ) ) � � - f ) 3 E ) § \ ) ) \ \ ) ) \ " 85 QS j } A ) ) _ k � ) r \ ) ) § § 85 QS m m m a 7 - C I 1 I eE m O Ir U (n O c a W O c (n m a aLL n a LL � a LL W a m o w � o CCl o m � ra C CD � � C D m E U Ic,ii �N U U 0 Q Q E 10 Q Q L c Q Q Q Q U N (4 p� O O O (n O c (n O c (n O c aLL a LL m a LL W a m o m o m o m � ra � � � m U Ic,ii �N U U Q Q E 10 Q Q L c Q Q Q Q U N (4 p� N `o E rn Q Q Q Q L c Q Q Q Q U N (4 p� a a o N ❑ N N O O O O m ti (p m lL m QI C LL R O a N T y N T y a N T y a 0 m [� ?` � 0 m V � � r rn rn rn rn N `o E rn Q Q Q Q L c Q Q Q Q U N (4 p� _ z § C) / § ƒ ! [ \ QS fLO CL E E \ a = a ± ± ± & & & & G G \ j \ \ \ j \ ( ( \ \ \ \ \ - § § ( § § § \ § § \ ( § / § § QS fLO e- T3 5 `o N = 0 0 0 0 0 0 0 OE L � m a f d f6 i fU w c f6 z f Q a a s= ( C: •� fU O fU fU 0 F +� f .Q G N c O O 4 O O S L G .moi S 4% m m m CC C > 0 o O CO m c m s cm O O (0 s s M (0 0) c 4 -6 U a ( N N N N N N N C N C f6 N 6 U rn 1� 65 n n f6 a f6 f6 R s= (4 C s= (4 s= (4 r C L C C Q N Q Q L N 0 N N 0 O O O I (4 L (4 L N (4 L (4 L O O V U U O O O O O CL E E W LOLO 0 U � U U U U o 0 0 0 0 o R M (O 0) N M V (O N M V N V j d c N N N N N N N N N N N N N N co N r N 04 N N = 0 0 0 0 0 0 0 OE L � m a f s= ( f6 i w c f6 z f Q a a s= ( (4 S C 1 0 F +� f .Q G N c I O S L G .moi S S 'm z CC C > 0 o O E m c m cm O O (0 ° 0 U u M (0 0) c 4 -6 U a ( N N N N N N N C N C U rn n n � S = O 0 � m a f s= ( f6 i w c f6 z f a s= ( (4 S C 1 +� f .Q G N c O S L G .moi S 'm z CC C > 0 o O } m c m cm O O (0 ° 0 U u M (0 0) c 4 -6 U a ( N N N N N N N C N C m O O U U 4 4 O O O O fl fl O O O O O O O O U U 0 0 0 0 0 0 V (O — N M V N V LY E C O N N CV N N N N N N N N N N N N N N 0 `O O O O O O O O O O 1 1 1 1 1 1E N L N Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q U a) (4 p� w � c S o i 0 m f a � m u w c w C (4 2 f a C C (4 S C 1 L f .Q c w c O C (4 1 L c w u S O (C r r r m z O O O } m m m LO O O ° u U M 001 � c Cl) Cl) N N Cl) N Cl) C N C` v hp N C � N U O � d � `m or D 7 - L ni � U a � v rr aE m u c c U U o a n m J U N N O N N O O O O O (4 O O c c c m w m m m a m m c c c m c m m Q Q w Q Q `o `O `O m L N L L U U O O O O O 0- 0- � U U U a m a a a 0 0 0 } } } > } } } } } } } LO LO 0 U 0 U U U o 0 0 0 0 0 M (0 0) N M V N M V N V (4 L U a N L Y E C V V V V V V V V V V V V V V N N N N N N N N N N N N N N 04 W) 04 0 0 0 0 0 0 0 0 Q Q Q Q Q Q Q Q Q Q Q Q Q Q N O m r N D 0 0 0 E M 0 n L N Q Q Q Q S9 �- N 4 CM a a a D a v hp N C � N U O � d � `m or D 7 - L ni � U a � v rr aE m u c c U U o a n m J U N N O N N O O O O O (4 O O c c c m w m m m a m m c c c m c m m Q Q w Q Q `o `O `O m L N L L U U O O O O O 0- 0- � U U U a m a a a 0 0 0 } } } > } } } } } } } LO LO 0 U 0 U U U o 0 0 0 0 0 M (0 0) N M V N M V N V (4 L U a N L Y E C V V V V V V V V V V V V V V N N N N N N N N N N N N N N 04 W) 04 N O O O 0 0 0 E M 0 L N Q Q Q Q Q Q Q D N 00 00 00 4 CM a a a Q a a n U U p� a o 0 0 0 Cl) V (0 a g Cl) V U n N N N N w M N N D Q O O O O 0 00 00 00 a a a a a a a U U U o 0 0 0 Cl) V (0 N Cl) V N N N N N N N N N N N N N N § \ { ) \ k \ ca k Ca o \ \ } CD § 0 ; ] k 0 k / ) \ J E V) \tn \/� k ! ( 0 \ \ \ \ \ \ \ \ 2 2 45 2 4 \ \ \LU LU 0 E ) { / E ) j \ \ \ \ \ \ 0 \ ) \ } ( ) ( \ } § r » » f 0 § K ! K 07 ) { [ mo \ \ � \ \ \ \ \ � \ » ~ ! \C) C) � ) � \ : - — — — \ E _ J }} rr ))} 0 LO _ Om ± ± ± f 8 ) § 8E { EE - \ LL LL LL - - - \ } } / } 0 ) \ / _ _ - _ - d / / \ CF,) ( C) d ) d ) \ \ \ \ \ \ { ) j ) \\ 7\\+ 7 i i i 7( d: f W w )(( \ \ \ \ \ ( \ \ \ \ \ \ \ \ E \ \ \ \ \ { / ) { / ) { { . { - / ( ) / ( ) / ( ) ( \ ) \ G ( » ( ( -w ƒ§ d±§ d±§ d± d d o± i J i d d± 3 e 3 / / \ \ / \ / \ § \ / § / \ / { / ( / § / j / 5 O 5 6 CONTRACT AND ATTACHMENTS AGREEMENT FOR THE COLLECTION, TRANSPORTATION, PROCESSING AND DIVERSION OF RECYCLABLE MATERIALS, FOOD SCRAPS, YARD TRIMMINGS, WOOD, CONSTRUCTION AND DEMOLITION DEBRIS AND OTHER MATERIALS AND FOR THE COLLECTION, TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE BETWEEN THE CITY OF TUSTIN 2018 This Page is Intentionally left Blank Table of Contents ARTICLE 1: DEFINITIONS........................................................................................... 15 1.01 Definitions..........................................................................................................................................15 ARTICLE 2: REPRESENTATIONS AND WARRANTIES OF CONTRACTOR............ 16 2.01 Legal Status.......................................................................................................................................16 2.02 Authority............................................................................................................................................16 2.03 Agreement Duly Executed...............................................................................................................16 2.04 No Conflict with Applicable Law or Other Documents.................................................................16 2.05 No Litigation......................................................................................................................................16 2.06 Financial Condition...........................................................................................................................17 2.07 Expertise............................................................................................................................................17 2.08 Contractor's Investigation...............................................................................................................17 2.09 Statements and Information in Proposal........................................................................................17 2.10 Exceptions to Contract.....................................................................................................................18 ARTICLE 3: TERM OF AGREEMENT.......................................................................... 19 3.01 Effective Date....................................................................................................................................19 3.02 Term....................................................................................................................................................19 3.03 Opportunity for Contractor to Earn Extensions of Term..............................................................19 3.04 Conditions to Effectiveness of Agreement....................................................................................19 3.04.A Obligation of City to Perform...................................................................................................19 3.04.A.1 Accuracy of Representations...............................................................................................19 3.04.A.2 Absence of Litigation............................................................................................................19 3.04.A.3 Furnishing of Bond and Guaranty........................................................................................20 3.04.A.4 Furnishing of Evidence of Insurance...................................................................................20 3.04.A.5 Effectiveness of City's Approval..........................................................................................20 3.04.A.6. Reimbursement of City Procurement Costs.......................................................................20 3.04.6 Obligation of Contractor to Perform....................................................................................... 21 3.04.13.1 Absence of Litigation............................................................................................................21 3.04.13.2 Effectiveness of City's Approval...........................................................................................21 3.04.0 Notice.........................................................................................................................................21 ARTICLE 4: COLLECTION OF RECYCLABLE MATERIALS, FOOD SCRAPS, YARD TRIMMINGS, WOOD, CONSTRUCTION AND DEMOLITION DEBRIS OTHER MATERIALS AND MUNICIPAL SOLID WASTE.......................................................... 22 4.01 Scope of Work — General................................................................................................................. 22 4.02 Growth and Changes in City............................................................................................................24 4.03 Implementation Plan.........................................................................................................................24 4.04 Residential MSW Collection.............................................................................................................25 4.04.A Regular Collections..................................................................................................................25 4.05 Commercial/Business MSW Collection..........................................................................................26 4.06 City Events MSW Collection............................................................................................................26 4.07 Diversion Programs..........................................................................................................................26 4.07.A Residential Recycling...............................................................................................................26 4.07.13 Commercial/Business Recycling............................................................................................27 4.08 Other Services and Special Services.............................................................................................. 27 4.08.A Other Services........................................................................................................................... 27 4.08.13 Special Services........................................................................................................................27 4.09 Hours of Collection...........................................................................................................................28 4.10 Collection Standards........................................................................................................................29 4.10.A Care of Property........................................................................................................................29 4.10.13 Noise...........................................................................................................................................29 4.10.0 Private and Public Streets........................................................................................................30 4.10.1) Customer Privacy...................................................................................................................... 31 4.11 Litter Abatement................................................................................................................................ 32 4.11.A Minimization of Spills...............................................................................................................32 4.11.13 Clean Up of Existing Litter.......................................................................................................32 4.11.0 Clean Up of Illegal Dumping....................................................................................................33 4.11.1) Covering of Loads.....................................................................................................................34 4.12 Hazardous Waste.............................................................................................................................. 34 4.12.A General....................................................................................................................................... 34 4.12.13 Notice to Customers.................................................................................................................35 4.12.0 Contractor to Segregate and Dispose.................................................................................... 36 4.12.1) Operating Procedures and Employee Training.....................................................................36 4.13 City's Right to Change Scope of Work........................................................................................... 37 4.14 Attendance At Meetings With City..................................................................................................38 4.15 Ownership of Municipal Solid Waste and Recyclable Materials..................................................39 4.16 Roll Off Box at City Yard..................................................................................................................39 4.17 Contamination Warning Notice.......................................................................................................39 -2- ARTICLE 5: TRANSPORTATION AND DISPOSAL OF MSW OR PROCESSING OF RECYCLABLE MATERIALS........................................................................................ 41 5.01 Transportation and Disposal of MSW.............................................................................................41 5.02 Transportation of Source Separated and Single Material Recyclable Materials ........................43 5.03 Transportation of Yard Trimmings..................................................................................................43 5.04 Transportation of Food Scraps.......................................................................................................43 5.05 Transportation of Co -Collected Yard Trimmings and Food Scraps............................................44 5.06 Transportation of Construction and Demolition Debris...............................................................44 5.07 City Right to Unilaterally Direct Change in Processing Facility..................................................44 5.08 Designated Processing Facilities Unavailable...............................................................................45 5.09 Contractor Request for Change of Processing Facility................................................................46 ARTICLE 6: PROCESSING AND MARKETING OF RECYCLABLE MATERIALS ..... 48 6.01 General...............................................................................................................................................48 6.02 Permits...............................................................................................................................................48 6.03 Delivery of Residue to Landfill........................................................................................................48 6.04 MRF, Compost, Food Scrap and C/D Facility Operating Requirements.....................................49 6.05 Contractor To Meet All Food Scrap Processing Facility Specifications.....................................54 6.06 Processing Requirements................................................................................................................55 6.07 No Use of Biomass or Transformation Facilities...........................................................................56 6.08 Reporting of Annual Diversion Rate Achieved..............................................................................56 6.09 Contractor Incentive.........................................................................................................................57 6.09.A Phase 1 Extension Incentive....................................................................................................57 6.09.13 Phase 2 Extension Incentive....................................................................................................58 6.09.0 Failure to Meet Phase 1 or Phase 2 Extension Requirements.............................................61 6.09.1) Notice of Extension or Failure to Earn Extension.................................................................62 6.10 Failure of Contractor to Achieve Minimum Levels of Diversion Program Implementation...... 62 6.11 Marketing of Recovered Materials, Compost and Other Products..............................................62 6.12 Limits on Modes of Disposition.......................................................................................................63 6.13 City Access to Processing Facilities..............................................................................................63 -3- ARTICLE 7: EQUIPMENT, FACILITIES AND PERSONNEL ....................................... 64 7.01 General...............................................................................................................................................64 7.02 Facilities........................................................................................................................................64 7.02.A General.......................................................................................................................................64 7.03 Vehicles.........................................................................................................................................64 7.03.A General.......................................................................................................................................64 7.03.13. Alternative Fuel Vehicles........................................................................................................66 7.03.0 Vehicle Identification................................................................................................................66 7.03.1) Cleaning and Maintenance.......................................................................................................66 7.03.D.1 General................................................................................................................................66 7.03.D.2 Cleaning...............................................................................................................................66 7.03.D.3 Painting................................................................................................................................67 7.03.D.4 Maintenance........................................................................................................................67 7.03.D.5 Repairs.................................................................................................................................68 7.03.D.6 Storage................................................................................................................................68 7.03.D.7 Leaking Vehicles..................................................................................................................68 7.03.D.8 Brake Inspections................................................................................................................69 7.03.E Operation...................................................................................................................................69 7.04 MSW and Recyclable Materials Containers...............................................................................69 7.04.A General.......................................................................................................................................69 7.04.13 Plastic Bins................................................................................................................................70 7.04.0 Alternative Bin Lids..................................................................................................................70 7.04.1) Repair, Replacement, and Exchange......................................................................................71 7.04.E Cleaning, Painting and Maintenance of Contractor -Furnished Containers ........................71 7.04.F Annual Container Audit............................................................................................................72 7.05 Personnel................................................................................................................................ 7.05.A General................................................................................................................................. 7.05.13 Driver Qualifications........................................................................................................... 7.05.0 Uniforms.............................................................................................................................. 7.05.1) Safety Training.................................................................................................................... 7.05.E No Gratuities........................................................................................................................ 7.05.F. Employee Conduct and Courtesy..................................................................................... 7.05.G. Provision of Two Recycling/Public Education Coordinators ........................................ 7.05.H Provision of Operations and Customer Liaison to City .................................................. 7.05.1 Initial Hiring........................................................................................................................... 7.05.J Ongoing Training and Testing........................................................................................... 7.05.K Use of Workers Not Employed by Contractor.................................................................. 7.05.L Provision of Senior Manager(s) Responsible For Marketing of Food Scraps/Yard Trimmings/Compost Products and/or AD Energy and Digestate.............................................. 72 72 73 73 73 74 74 74 76 77 81 81 82 ARTICLE 8: OTHER COLLECTION -RELATED SERVICES ........................................ 83 8.01 Billing.................................................................................................................................................83 8.01.A General....................................................................................................................................... 83 8.01.13 City Inserts.................................................................................................................................83 8.01.C. Delinquent Accounts............................................................................................................... 83 8.02 Billing Records..................................................................................................................................84 in 8.03 City Access to Billing Information .......................................... 8.04 Public/Customer Service and Accessibility ............................ 8.04.A Office Hours and Location ................................................ 8.04.13 Availability of Representative ........................................... 8.04.0 Telephone........................................................................... 8.04.1) Correspondence................................................................. 8.04.E Electronic Payment of Bills ............................................... 8.04.F Maps, Schedules, Consumer Information ........................ 8.04.G Web Site.............................................................................. ....................................................... 84 ................................................ 85 ................................................ 85 ................................................ 85 ................................................ 85 ................................................ 86 ................................................ 86 ................................................ 86 ................................................ 87 8.05 Service Complaints...........................................................................................................................88 8.06 Customer Non -Payment of Bill........................................................................................................89 8.07 Change in Collection Schedule.......................................................................................................89 8.08 Report of Accumulation of MSW or Unauthorized Dumping........................................................89 ARTICLE 9: RECORD KEEPING, REPORTING, INSPECTIONS AND AUDITS ........ 90 9.01 General...............................................................................................................................................90 9.02 Record Keeping.................................................................................................................................90 9.03 Reporting...........................................................................................................................................90 9.03.A Reports Listed in Attachment K..............................................................................................91 9.03.13 Reports Listed in Attachment N..............................................................................................91 9.04 Inspection by City.............................................................................................................................91 9.05 Compliance Reporting......................................................................................................................92 9.05.A Reporting of Multi -Family and Commercial Tons Separately...............................................93 9.05.13 Material Discrepancy in Data Reported..................................................................................94 9.06 Annual Route Audit...........................................................................................................................95 9.07 Characterization Studies and In -Field Container Contamination Audits....................................96 9.07.A Characterization Studies..........................................................................................................96 9.07.13 In -Field Container Contamination Audits............................................................................... 97 9.08 Route Density Audits — Residential, Multi -Family and Commercial............................................98 9.09 Annual City Review of Contract Audits and Results.....................................................................98 9.10 Reporting of Adverse Information...................................................................................................99 ARTICLE 10: INDEPENDENT CONTRACTOR......................................................... 100 10.01 Contractor an Independent Contractor.......................................................................................100 10.02 No Partnership or Joint Venture Created...................................................................................100 -5- 10.03 No Entitlement to City Benefits...................................................................................................100 ARTICLE 11. INDEMNITY, INSURANCE, BOND ...................................................... 101 11.01 General Indemnification...............................................................................................................101 11.02 Insurance.......................................................................................................................................102 11.02.A Types and Amounts of Coverage........................................................................................102 11.02.A.1 Workers' Compensation and Employer's Liability ...........................................................102 11.02.A.2 Comprehensive General Liability (and Automobile Liability)...........................................103 11.02.A.3 Pollution Liability..............................................................................................................104 11.02.A.4 Physical Damage.............................................................................................................105 11.02.13 Acceptability of Insureds.....................................................................................................105 11.02.0 Required Endorsements.......................................................................................................105 11.02.1) Delivery of Proof of Coverage.............................................................................................107 11.02.E Other Insurance Requirements............................................................................................108 11.03 Faithful Performance Bond..........................................................................................................109 11.04 Alternative Security......................................................................................................................110 11.05 Hazardous Waste Indemnification..............................................................................................110 11.06 Integrated Waste Management Act Indemnification.................................................................114 11.07 Indemnification For Land Application and/or Use(s) of Anaerobic Digestate ........................115 ARTICLE 12: COMPENSATION TO CONTRACTOR................................................117 12.01 General...........................................................................................................................................117 12.02 Initial Rates....................................................................................................................................117 12.03 Annual Rate Adjustments............................................................................................................118 12.04 Disposal Charge (Tip Fee) Adjustments.....................................................................................120 12.05 State -Mandated Regulatory Compliance Costs.........................................................................120 12.06 Adjustments to Rates Based on City -Directed Changes In Scope of Work ...........................121 12.07 Late Fees........................................................................................................................................123 12.08 Other Fees.....................................................................................................................................123 13.01 Events of Default...........................................................................................................................124 13.02 Right to Suspend or Terminate Upon Default............................................................................126 13.03 Specific Performance...................................................................................................................127 13.04 Use of Contractor Property Upon Default..................................................................................127 in 13.05 Right to Perform............................................................................................................................128 13.06 Payment for Use of Contractor's Property.................................................................................128 13.07 Damages........................................................................................................................................129 13.08 City's Remedies Cumulative........................................................................................................129 13.09 Liquidated Damages.....................................................................................................................129 13.10 City Default....................................................................................................................................135 ARTICLE 14: OTHER AGREEMENTS OF THE PARTIES ........................................136 14.01 Compliance with Law; Non-Discrimination................................................................................136 14.02 Assignment....................................................................................................................................136 14.02.A City Consent Required.........................................................................................................136 14.02.13 Assignment Defined.............................................................................................................137 14.02.0 Consent Requirements.........................................................................................................137 14.03 Subcontracting..............................................................................................................................138 14.04 No Affiliated Entity........................................................................................................................139 14.05 Contractor's Investigation; No Warranties by City....................................................................139 14.06 Notice.............................................................................................................................................140 14.07 Representatives of the Parties....................................................................................................140 14.07.A Representatives of City........................................................................................................140 14.07.13 Representatives of Contractor............................................................................................141 14.08 Right to Inspect Contractor Operations.....................................................................................141 14.09 Maintenance and Review of Records, Submission of Reports................................................141 14.10 Right to Demand Assurances of Performance..........................................................................142 14.11 Contractor Failure to Achieve Minimum Required Level of Diversion Program Implementation........................................................................................................................................142 14.11.A Minimum Level of Diversion Program Implementation Required By March 31, 2021...143 14.11.13 Minimum Level of Diversion Program Implementation Required By March 31, 2024...146 14.12 Force Majeure................................................................................................................................151 14.12.A Force Majeure........................................................................................................................151 14.12.13 Obligation to Restore Ability to Perform............................................................................151 14.12.0 Notice.....................................................................................................................................152 14.12.1) City's Rights in the Event of Force Majeure.......................................................................152 14.13 Cooperation During Transition....................................................................................................153 14.14 No Damages for Invalidation of Agreement...............................................................................153 -7- 14.15 Diversion Programs Not Restricted............................................................................................153 14.16 Reports as Public Records..........................................................................................................153 ARTICLE 15: MISCELLANEOUS PROVISION.......................................................... 155 15.01 Governing Law..............................................................................................................................155 15.02 Jurisdiction....................................................................................................................................155 15.03 Binding on Successors................................................................................................................155 15.04 Parties in Interest..........................................................................................................................155 15.05 Waiver............................................................................................................................................155 15.06 Attachments..................................................................................................................................155 15.07 Entire Agreement..........................................................................................................................156 15.08 Section Headings..........................................................................................................................156 15.09 Interpretation.................................................................................................................................156 15.10 Amendment...................................................................................................................................156 15.11 Severability....................................................................................................................................156 15.12 Costs and Attorneys' Fees...........................................................................................................156 15.13 References to Laws......................................................................................................................156 15.14 City's Municipal Code...................................................................................................................157 15.15 Non-Discrimination.......................................................................................................................160 15.16 Guaranty........................................................................................................................................161 in AGREEMENT FOR THE COLLECTION, TRANSPORTATION, PROCESSING AND DIVERSION OF RECYCLABLE MATERIALS, FOOD SCRAPS, YARD TRIMMINGS, WOOD, CONSTRUCTION AND DEMOLITION DEBRIS AND OTHER MATERIALS AND FOR THE COLLECTION, TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE THIS AGREEMENT is entered into as of the day of 2018, by and between the CITY OF TUSTIN, a municipal corporation (hereinafter referred to as the "City") and , a as "Contractor") RECITALS corporation (hereinafter referred to 1. The State of California has found and declared that due to the amount of Municipal Solid Waste (MSW) generated in California, coupled with diminishing landfill space and potential adverse environmental impacts from landfilling, that there is an urgent need for State and local agencies to enact and implement an aggressive integrated waste management program. The State has also found that the recycling or reuse of MSW will conserve not only landfill capacity but also water, energy and other natural resources. The State has, through enactment of the California Integrated Waste Management Act of 1989 (California Public Resources Code Sections 40000 et sec.. hereinafter referred to as the "Act"), directed responsible State Agencies, and all local agencies, to promote Recycling and to maximize the use of feasible Source Reduction, Recycling and Composting options in order to reduce the amount of MSW that must be disposed of by land Disposal. 2. The City concurs in the aforementioned findings and declarations of the State of California. BE 3. In 2011 AB 341 was approved and signed into law amending the Act. The AB 341 amendments make a legislative declaration that it is the policy goal of the State of California that not less than seventy-five percent (75%) of MSW be source reduced, recycled or composted by the year 2020. As required by AB 341, the California Department of Resources Recycling and Recovery (hereinafter referred to as "CalRecycle") prepared a plan for submittal to the legislature on the methods to accomplish this goal. AB 341 required all businesses generating four (4) or more cubic yards of MSW per week, and all Multi -family dwellings consisting of five (5) units or more, to arrange for Recycling services on or before July 1, 2012; and required all local agencies to provide a commercial recycling program meeting specified criteria on or before July 1, 2012. 4. In 2014 AB 1826 was approved and signed into law amending the Act. AB 1826 required the City to provide a collection and diversion program for Food Scraps, Yard Trimmings and Wood for all businesses and Multi -Family Complexes on or before January 1, 2016. AB 1826 requires businesses within City to participate in a diversion program for Food Scraps, Yard Trimmings and Wood according to a specified schedule depending upon the quantity of such materials and the quantity of MSW generated by the business. Businesses generating eight (8) or more cubic yards of Food Scraps, Yard Trimmings and Wood per week must participate on or before April 1, 2016. Businesses generating four (4) or more cubic yards of Food Scraps, Yard Trimmings and Wood per week must participate on or before January 1, 2017. All businesses generating four (4) or more cubic yards per week of MSW must participate in a diversion program on or before January 1, 2019. CalRecycle may require businesses generating -10- two (2) or more cubic yards per week of MSW to participate on or before January 1, 2020 if the level of statewide diversion achieved is not meeting the goal. AB 1826 further required all Multi -Family complexes of five (5) or more units to participate in a diversion program for Yard Trimmings and Wood on or before April 1, 2016. 5. Also in 2014, AB 1594 was approved and signed into law amending the Act. Originally the Act allowed Yard Trimmings used as Alternative Daily Cover (ADC) at landfills to count as Diverted tons for purposes of achievement of the Diversion required by the Act. AB 1594 phases out this exemption for the use of Yard Trimmings as ADC effective January 1, 2020. As of that date, any Yard Trimmings used as ADC will be counted as Disposed tons for purposes of the Act. City must begin reporting to CalRecycle in 2018 about what alternative diversion program(s) City will utilize for Yard Trimmings on or before January 1, 2020. 6. In 2016 SB 1383 was approved and signed into law amending the Act and amending sections of the California Health and Safety Code. SB 1383 requires that by January 1, 2018, the State Air Resources Board approve and begin implementing a statewide strategy to reduce emissions of short-lived climate pollutants to achieve a reduction in methane by forty percent (40%), hydrofluorocarbon gasses by forty percent (40%) and anthropogenic black carbon by fifty percent (50%) compared to 2013 levels. This reduction is to be achieved by 2030. In service of this reduction strategy, SB 1383 establishes a statewide goal of a fifty percent (50%) reduction in the disposal of organic waste (as defined in the legislation) from the 2014 level by 2020, and a seventy-five percent (75%) reduction from the 2014 level by 2025. SB 1383 further requires that a minimum of twenty percent (20%) of the reduction in disposal of organic waste by 2025 -11- be comprised of edible Food Scraps Diverted for human consumption. CalRecycle is currently drafting regulations to implement the requirements of SB 1383 which will include requirements for local governments to implement diversion programs to meet these goals. 7. The City wishes to arrange for the operation and expansion of its existing Recycling programs and implementation of new comprehensive Recycling and other Diversion programs for single and Multi -family Residential Premises, Commercial and Business Establishments and other operations in the City, which entails the Collection of Single Stream Recyclable Materials, Single -Material Recyclable Materials, Yard Trimmings, Wood, Food Scraps, Construction and Demolition Debris and other materials and the delivery of these materials for processing and Diversion at Processing Facilities. These Recycling, Composting and other Diversion programs are integral and important components of the City's strategy for complying with the Act and are, therefore, of paramount importance to the City. 8. In March 2018, the City authorized issuance of a Request For Proposals For the Collection, Transportation, Processing and Diversion of Recyclable Materials, Food Scraps, Yard Trimmings, Wood, Construction and Demolition Debris and other materials and for Collection, Transportation and Disposal of Municipal Solid Waste. The City has evaluated the proposals submitted and has determined that the Contractor has proposed to provide such services in a manner and on terms which are in the best interests of the City, its residents and businesses, taking into account the qualifications and experience of the Contractor, the Contractor's demonstrated -12- commitment to Recycling and Diversion of materials from Disposal, and the cost of providing such services. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and for other good and valuable consideration, the parties agree as follows: -13- AGREEMENT -14- ARTICLE 1: DEFINITIONS 1.01 Deflnitions Unless otherwise defined in this Agreement, capitalized terms used in this Agreement shall have the meanings set forth in the definitions contained in Attachment A. -15- ARTICLE 2: REPRESENTATIONS AND WARRANTIES OF CONTRACTOR 2.01 Legal Status Contractor is a corporation duly organized, validly existing and in good standing under the laws of the State of , and is qualified to do business in the State of California. 2.02 Authority. Contractor has the authority to enter into and perform its obligations under this Agreement. Contractor has taken all actions required by law, or otherwise to authorize the execution of this Agreement. 2.03 Agreement Duly Executed. The Persons signing this Agreement on behalf of Contractor have been authorized to do so, and this Agreement constitutes a legal, valid and binding obligation of Contractor. 2.04 No Conflict with Applicable Law or Other Documents. Neither the execution and delivery by Contractor of this Agreement, nor the performance by Contractor of its obligations hereunder: (i) conflicts with, violates or will result in a violation of any existing applicable law; or (ii) conflicts with, violates or will result in a breach or default under any term or condition of any existing judgment, order or decree of any court, administrative agency or other governmental authority, or of any existing contract or instrument to which Contractor is a party, or by which Contractor is bound. 2.05 No Litigation. There is no action, suit, proceeding, or investigation at law or in equity, before or by any court or governmental entity, pending or threatened against Contractor, or otherwise affecting Contractor, wherein an unfavorable decision, ruling, or finding, in any single case or in the aggregate, would materially adversely affect Contractor's performance hereunder, or which, in any way, would adversely affect the -16- validity or enforceability of this Agreement, or which would have a material adverse effect on the financial condition of Contractor. 2.06 Financial Condition. Contractor has made available to City information on its financial condition. City has relied on this information in evaluating the sufficiency of Contractor's financial resources to perform this Agreement. To the best of Contractor's knowledge, this information is complete and accurate, does not contain any material misstatement of fact and does not omit any fact necessary to prevent the information provided from being materially misleading. 2.07 ExpertiseL Contractor has the expertise and professional and technical capability to perform all of its obligations under this Agreement. 2.08 Contractor's Investigation. Contractor has made an independent investigation and analysis, the results of which are satisfactory to Contractor, of the conditions and circumstances surrounding the Agreement, its content and preparation, and the work to be performed by Contractor under the Agreement. The Agreement accurately and fairly represents the intentions of Contractor, and Contractor enters into this Agreement on the basis of that independent investigation and analysis. 2.09 Statements and Information in Proposal. The Proposal submitted to City by Contractor and information submitted to City supplementary thereto does not contain any untrue statement of a material fact nor omit to state a material fact necessary in order to make the statements made, in light of the circumstances in which they were made, not misleading. Contractor's Proposal is attached hereto as Attachment Y. Contractor's proposal consists of the following documents, verbal and written -17- representations and other items as follows: [TO BE FILLED IN FOR SELECTED PROPOSER. WILL INCLUDE ITEMS SUCH AS THE VIDEO OF THE PROPOSER INTERVIEW. ALL WRITTEN CORRESPONDENCE WITH CITY INCLUDING E -MAI LETTERS. MEMOS. REPORTS AND ALL OTHER DOCUMENTS PROVIDED VERBAL REPRESENTATIONS MADE TO CITY STAFF, CITY COUNCIL MEMBERS AND TO THE CITY COUNCIL AS A WHOLE, WHETHER BY TELEPHONE, INTERNET, OR IN PERSON, ETC.1 To the extent that Contractor's Proposal includes promises to perform services in addition to, or at a higher standard of service than those required by the Request for Proposals, those promises are incorporated into this Agreement and Contractor hereby ratifies its agreement to perform as promised. 2.10 Exceptions to Contract The parties have made the following changes to items submitted in Contractor's original Proposal: (i)(TO BE FILLED IN IF APPLICABLE FOR SELECTED PROPOSER TO REFLECT ANY EXCEPTIONS TO THE DRAFT CONTRACTA CCEPTED BY THE CITYI. sm ARTICLE 3: TERM OF AGREEMENT 3.01 Effective Date. The Effective Date of this Agreement shall be , 2019. 3.02 Term. The Term of this Agreement shall commence on the Effective Date and shall end at midnight on March 31, 2027, unless earlier terminated. Contractor's obligation to collect Recyclable Materials, other materials, and Municipal Solid Waste shall begin on April 1, 2019 at 12:01 a.m. 3.03 Opportunity for Contractor to Earn Extensions of Term. The Term of this Agreement may be extended as described in Section 6.09 if Contractor meets all of the requirements therein. In no event shall this Agreement be extended beyond March 31, 2029. 3.04 Conditions to Effectiveness of Agreement. 3.04.A Obligation of City to Perform. The obligation of the City to perform under this Agreement is subject to satisfaction, on or before the Effective Date, of each of the conditions set out below, each of which may be waived in whole or in part by City: 3.04.A.1 Accuracy of Representations. The representations and warranties made by Contractor in Article 2 of this Agreement shall be true and correct on and as of the Effective Date. 3.04.A.2 Absence of Litigation. There shall be no litigation pending on the Effective Date in any court challenging the -19- execution of this Agreement or seeking to restrain or enjoin its performance. 3.04.A.3 Furnishing of Bond and Guaranty. Contractor has furnished the performance bond required by Section 11.03 and the guaranty required by Section 15.16, meeting the requirements of this Agreement. 3.04.A.4 Furnishing of Evidence of Insurance. Contractor has furnished satisfactory evidence of insurance required by Section 11.02. 3.04.A.5 Effectiveness of City's Approval. The approval of this Agreement by City shall have become effective, pursuant to California law, on or before the Effective Date. 3.04.A.6. Reimbursement of City Procurement Costs. Concurrent with executing this Agreement, Contractor shall have paid to City the sum of $300,000 to reimburse City for its costs for conducting the competitive procurement process for this Agreement. City may waive the satisfaction of the conditions described in Section 3.04.A.3 and 4, allow this Agreement to become effective, and exercise its rights and remedies under this Agreement for Contractor's failure to furnish the bond, the guaranty, or the evidence of insurance. -20- 3.04.6 Obligation of Contractor to Perform. The obligation of Contractor to perform under this Agreement is subject to the satisfaction on or before the Effective Date of both of the conditions set forth below, each of which may be waived in whole or in part by Contractor. 3.04.6.1 Absence of Litigation. There shall be no litigation pending on the Effective Date in any court challenging the execution of this Agreement, or seeking to enjoin its performance. 3.04.6.2 Effectiveness of City's Approval. The approval of this Agreement by the City shall have become effective, pursuant to California law. 3.04.0 Notice. If either party wishes to assert that a condition for its benefit has not been satisfied and has not been waived, it must deliver written notice to that effect to the other party on the Effective Date. If no such notice is received, the Agreement will become effective on the Effective Date. Each party is obligated to perform in good faith the actions, if any, which this Agreement requires it to perform before the Effective Date and to cooperate towards the satisfaction of the conditions set forth above. -21- ARTICLE 4: COLLECTION OF RECYCLABLE MATERIALS, FOOD SCRAPS, YARD TRIMMINGS, WOOD, CONSTRUCTION AND DEMOLITION DEBRIS OTHER MATERIALS AND MUNICIPAL SOLID WASTE 4.01 Scope of Work — Genera/. Except as otherwise provided herein, Contractor shall (a) collect Municipal Solid Waste generated at Residential Premises, Commercial and Business Establishments (including, among other things, City facilities), Multi -family dwellings, and Special Events within the City and deliver it to the Disposal Site approved by City, and (b) collect Recyclable Materials, Food Scraps, Yard Trimmings, Wood, Construction and Demolition Debris and other items specified in Attachment B placed for Collection by participating residential Customers, Commercial and Business Establishments (including City facilities), Multi -family dwellings, and Special Events within the City and deliver each type of material to the Processing Facility designated by City. Notwithstanding the foregoing, the City does not guarantee that any particular type or quantity of Municipal Solid Waste, Recyclable Materials, Food Scraps, Yard Trimmings, Wood, Construction and Demolition Debris or any other material will be available for Collection at any time during the term of this Agreement. Contractor acknowledges that the City cannot control the waste stream generated in Tustin, and cannot compel generators of materials to place those materials for collection by Contractor. Contractor further acknowledges that future changes in laws, regulations, packaging, the economy, consumption of goods, and/or technology may affect the type and quantity of material that will be available for Collection by Contractor, and agrees that it will not be entitled to any rate increases, extensions of this Agreement (other than those described in Article 3), or other compensation of any kind due to such changes in -22- types and quantities of materials available for Collection. The City shall have no obligation to affirmatively defend Contractor's rights granted under this Agreement, but shall reasonably cooperate with Contractor, at Contractor's expense, in Contractor's efforts to defend its rights. The work to be done by Contractor includes the furnishing of all labor, supervision, equipment, materials, supplies, vehicles and equipment, storage and maintenance facilities, and all other items necessary to perform the services required under this Agreement in a thorough, workmanlike and efficient matter, so that residents, businesses and public and private institutions within the City are provided reliable, courteous and high-quality services at all times. The enumeration of, and specification of, requirements for particular items of labor or equipment shall not relieve Contractor of the duty to furnish all others that may be required, whether enumerated or not. Contractor shall perform all work in accordance with Attachment B, whether or not such provisions are specifically referred to in any other section of this Agreement. When implementing all of the Diversion programs described in Attachment B, Contractor shall follow, and shall not restrict, prohibit or otherwise interfere with customers who are utilizing, the following hierarchy unless otherwise directed by the City: (1) Source Reduction, (2) reuse and/or donation of materials for other purposes which avoid Disposal (including Diverting Food Scraps for human consumption), (3) use of Food Scraps for animal feed, (4) Recycling and Composting, (5) use of Food Scraps and/or Yard Trimmings for Anaerobic Digestion or use of Food Scraps as Bioengineered Feedstock at a water pollution control plant/sewage treatment plant; and (6) environmentally safe Landfill (Disposal). Contractor shall (a) follow the above- -23- described hierarchy and (b) obtain the highest and best use for Diverted materials, to the satisfaction of the City. 4.02 Growth and Changes in City. The City has approved some plans and it is anticipated the City will continue to review and approve additional plans for development of the former Marine Corp Air Station (MCAS) known as "Tustin Legacy", which include new Commercial and Business Establishments and new residential dwellings, as described in Attachment U. Contractor shall provide all of the services described in this Agreement to the new Residential Premises and to the new Commercial and Business Establishments, City facilities, Multi -family dwellings, and Special Events in this new development as Tustin Legacy is constructed and occupied during the Term. The timeframes for occupancy of the phases of development in Attachment U were provided to the City by the developer(s) of each phase. City makes no warranty or guarantee that any of the phases of Tustin Legacy will be constructed. City further makes no warranty or guarantee that if constructed, the phases will contain the number(s) or type(s) of Residential Premises and Commercial Business Establishments contained in Attachment U. City further makes no warranty or guarantee that any of the Residential Premises or Commercial Business Establishments will be occupied at the time(s) listed in Attachment U. 4.03 Implementation Plan. The parties recognize that substantial planning and preparation will be required to ensure a successful initiation of Collection operations by Contractor on April 1, 2019. To that end, Contractor has prepared a detailed Implementation Plan addressing the steps Contractor will take, and the schedule on which it will take them, to prepare for commencement of Collection operations. The -24- Implementation Plan covers Contractor's schedule (shown on a week -by -week basis) for hiring and training of personnel, acquiring necessary Collection vehicles and equipment, preparing Customer relations materials (including Collection schedules, route maps, billing forms, complaint forms, service request forms and so forth), distributing new MSW, Recycling, Yard Trimmings and Food Scrap Containers to Customers, is attached as Attachment C. Contractor shall diligently adhere to the Implementation Plan and shall meet periodically, whenever City requests, to review its progress. Failure to adhere to the Implementation Plan, including its schedule, shall constitute a breach of this Agreement, which, if uncured, shall constitute a default under Section 13.01. The specific plans and other materials required to be submitted under the Implementation Plan are subject to City's review and approval. City will endeavor to take actions, make decisions, and provide directions to Contractor in accordance with the schedule and time allowances set forth in Attachment C, so as not to delay Contractor's adherence to the Implementation Plan schedule. 4.04 Residential MSW Collection. 4.04.A Regular Collections. Contractor shall collect all MSW generated at Residential Premises within the City and placed for Collection at curbside, and at sideyard/backyard locations by Customers who request such Collection under Section 2.4 of Attachment B. MSW shall be collected from such Premises at the frequencies and in the manner described in Attachment B, Section 2.2. In the event City directs Contractor to initiate bi-weekly collection of Residential MSW pursuant to Section 2.3.3 of Attachment B, -25- Contractor shall do so within the timeframe described in Attachment B and shall charge the rates for such bi-weekly Residential MSW collection listed in Attachment D. 4.05 Commercial/Business MSW Collection. Contractor shall collect all MSW generated at Commercial and Business Establishments within the City and placed for Collection. MSW shall be collected from such Premises at the frequencies and in the manner described in Attachment B, Section 3. 4.06 City Events MSW Collection. Contractor shall collect all MSW generated at up to twenty (20) City -sponsored Special Events per calendar year during the term of this Agreement at no charge to the City as described in Section 3.11 of Attachment B. 4.07 Diversion Programs. 4.07.A Residential Recycling. The Contractor shall collect Recyclable Materials, Yard Trimmings (and Food Scraps if directed by City) generated at Residential Premises placed for Collection in Contractor -provided Containers at the curbside. Contractor shall also collect Single Stream and Single -Material Recyclable Materials, Yard Trimmings (and Food Scraps if directed by City) generated at Residential Premises, placed for Collection at curbside and backyard or sideyard locations by Customers who request backyard or sideyard Collection under Section 2.4 of Attachment B. Recyclable Materials and Yard Trimmings (and Food Scraps if directed by City) shall be collected from Residential Premises at the frequencies and in the manner described in Attachment B, Section 2. -26- 4.07.8 Commercial/Business Recycling. Contractor shall collect Recyclable Materials, Yard Trimmings and Food Scraps from participating Commercial and Business Establishments at the frequencies and in the manner described in Attachment B, Section 3. Contractor shall also provide Containers and Collection service for Recyclable Materials and Food Scraps for up to twenty (20) special events sponsored by the City per calendar year as described in Section 3.11 of Attachment B. 4.08 Other Services and Special Services. 4.08.A Other Services. Contractor shall provide other Collection services as requested by Customers in the City on an on-call basis, including Bin, Roll Off Box and Compactor service described in Attachment B, Section 3. 4.08.8 Special Services. Contractor shall provide special services as described in Attachment B that include, but are not limited to: • Bulky Goods Collections • Special Events Collections • Holiday Greenery Collection and Recycling • Holiday Greenery Drop Off and Recycling • Electronic Waste and Universal Waste Collection and Recycling • Electronic Waste, Universal Waste, and Household Hazardous Waste Drop Off Events • Collection and Recycling of Bulky Goods containing Freon -27- • Sharps Collection • Fluorescent Tubes, Mercury Switches 4.09 Hours of Collection. Collection of MSW, Recyclable Materials, Yard Trimmings/Wood, Food Scraps, Construction and Demolition Debris, and all other collection operations may occur only within the hours authorized by the City. Contractor may not conduct Collection operations earlier than 7:00 a.m. local time or later than 6:00 p.m. for Residential Premises, and no earlier than 7:00 a.m. local time or later than 6:00 p.m. for Commercial and Business Establishments. The City Manager or his/her designee if requested by Contractor may grant temporary site and route -specific exceptions. At the sole discretion of the City Manager, Contractor shall adjust the early morning start point of Collection routes to address and minimize customer complaints when warranted. No Collections shall occur on the following days: January 1, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and Sundays (with the specific and limited exception of Collection at designated City parks on Sunday mornings pursuant to Attachment B, Section 3.11.4). No Collections shall occur on Saturdays for Residential Premises except for missed pick-up service and for a holiday that falls on a preceding Friday. When a holiday falls on a weekday, Collection service will be performed on the following day. For example, if a holiday falls on a Monday, service scheduled for Monday will be provided on Tuesday, service scheduled for Tuesday on Wednesday and so on. If a holiday falls on a Saturday, service will be provided the following Monday. M Contractor shall coordinate with the City Manager or his or her designee to ensure that the Collection of MSW, Recyclable Materials, Yard Trimmings, Wood, Food Scraps and Construction and Demolition Debris is compatible with, and does not interfere with, City's street sweeping operations. 4.10 Collection Standards. 4.10.A Care of Property. Contractor shall use due care when handling MSW, Recycling, Food Scrap and Yard Trimmings Containers. Containers shall not be thrown from trucks, roughly handled, damaged or broken. Containers shall be returned to the Collection point upright, with lids properly closed. Contractor shall ensure that its employees close all gates opened by them in making Collections, unless otherwise directed by the Customer, and avoid crossing landscaped areas and climbing or jumping over flower beds, hedges, fences, and other building appurtenances. City shall refer complaints about damage to private property, including common areas in common -area subdivisions, to Contractor. Contractor shall promptly and at its sole expense repair, or arrange for the repair of, all damage to private property caused by its employees, including but not limited to vehicles, overhangs, carports, streets, curbs, sidewalks, driveways and paved areas. 4.10.6 Noise. All Collection operations shall be conducted as quietly as possible and shall conform to City noise level regulations. The noise level during the stationary compaction process shall not exceed 75 decibels at a distance of 25 feet from the Collection vehicle measured at an elevation of five (5) feet above ground level. -29- Contractor shall submit to City, upon City's request, a certificate of vehicle noise testing by an independent testing facility of a representative sample of Collection vehicles. The City may also conduct random checks of noise emission levels to ensure such compliance. 4.10.0 Private and Public Streets. Contractor shall use its best efforts to prevent damage to all streets over which its Collection equipment may be operated, and Contractor shall obtain all required approvals for operation of its Collection vehicles on private streets. In the event Contractor damages public streets to an extent that exceeds normal wear and tear (e.g. hits and damages a public curb, sidewalk, or driveway or creates a hole in the pavement that must be repaired) City will notify Contractor and Contractor shall be responsible for the cost of repairing the damage, which will be performed by City. Contractor shall comply with all requirements for placement of Containers, including Roll Off Boxes in the public right of way, including compliance with encroachment permits pursuant to the Tustin Municipal Code. Contractor shall use all available industry best practices to prevent spills of fuel and fluids (such as oil, hydraulic fluid, brake fluid, etc.) on streets. If such a spill occurs, Contractor shall immediately notify the City (including the Director of Public works or his/her designee and the City's NPDES Coordinator) and all proper regulatory authorities of said spill and release of fluids, and shall clean, at Contractor's expense, the spilled fluids in coordination with, and to the satisfaction of, City and applicable regulatory agencies. Upon a release of such fluids, the driver shall immediately park the vehicle and it shall remain parked until the leak is repaired. In such event Contractor shall not park the leaking vehicle within two hundred (200) feet of a storm drain and -30- shall utilize absorbent material, sand bags or other appropriate means to prevent leaking fluids from entering storm drains. In the event of any type of spill or other emergency, Contractor shall be responsible for securing the immediate safety of the vehicle driver, all other employees of Contractor and all persons and property in the surrounding vicinity. As of the Effective Date Contractor shall initiate and provide continues (at least monthly) training of all collection employees, route supervisors, dispatch personnel and all management employees in the proper handling of any spills to prevent such spills from entering storm drains or otherwise creating environmental damage or damage to persons, property, wildlife, animals, vegetation, the ocean, waterways, or releases to the atmosphere. Such trainings shall include a simulation of a spill with employees physically performing the appropriate actions and activities to contain spilled fluid(s), at least one (1) time each year. Contractor shall provide a quarterly report to City on the trainings held with each employee group including the topics covered, and the employees or third parties that provided each training, as further described in Section 9.03. 4.10.D Customer Privacy. Contractor shall strictly observe and protect the rights of privacy of Customers. Information identifying the contents and composition of a Customer's MSW, Recyclable Materials, Yard Trimmings, Wood or Food Scraps shall not be revealed to any Person, governmental unit, private agency or company, unless authorized by the Customer or by order of a court of law, or by statute. This provision shall not be construed to prohibit Contractor from preparing, participating in, or assisting in the preparation of solid waste characterization studies and waste stream analyses that may be required by the Act or requested by City, or in performing the audits -31- required pursuant to Section 9.03 herein or providing information necessary for City to comply with the Act and to obtain information required for City to exercise its police powers. Contractor shall not market or distribute customer mailing lists to any party, with the sole exception that Contractor shall make available customer mailing lists to the City upon request. 4.11 Litter Abatement 4.11.A Minimization of Spills. Contractor shall use due care to prevent MSW, Yard Trimmings, Wood, Food Scraps, Construction and Demolition Debris and Recyclable Materials from being spilled or scattered during the Collection or transportation process. If any MSW, Yard Trimmings, Wood, Food Scraps, Construction and Demolition Debris or Recyclable Material is spilled, Contractor shall promptly clean up all spilled materials whether on private or public property. Each Collection vehicle shall carry all industry -standard equipment for this purpose. Failure to clean up all spilled materials within two (2) hours of notification of the spill by a Customer or the City or any other Person shall result in the assessment of liquidated damages as described in Section 13.09. Contractor shall not transfer loads from one vehicle to another on any public street or private roadway, unless it is necessary to do so because of mechanical failure or damage to a Collection vehicle that renders it inoperable and the vehicle cannot be towed. 4.11.6 Clean Up of Existing Litter. The Contractor shall clean up existing litter in the immediate vicinity of any MSW, Recyclable Materials, Food Scrap or Yard -32- Trimmings Collection area (including the areas on private and public property where Containers are delivered for Collection) whether or not Contractor has caused the litter. Contractor shall notify the Customer and the City after the second occurrence of existing litter and shall send City a photograph of the littered area. City's Code Enforcement Officer and one of the Contractor's Recycling Coordinators will make an on-site inspection to discuss the situation with the Authorized Customer Representative responsible for the property. If the litter and debris is being caused by illegal dumping, the City and Contractor's City Liaison will work with the Authorized Customer Representative to utilize locked enclosures and/or Bins with locking lids to prevent entry. If the cause of the litter is under -subscription to the Collection service, the City and Contractor's City Liaison will work with the Authorized Customer Representative to determine the appropriate size Container(s) and frequency of Collection required to alleviate the problem. 4.11.0 Clean Up of Illegal Dumping. Contractor shall respond to all calls from City regarding spilled or illegally dumped MSW, Yard Trimmings, Wood, Food Scraps, Recyclable Materials, Electronic Waste, U -Waste and/or Bulky Items that are identified in locations other than Customer MSW enclosures (such as empty parking lots, on City streets, sidewalks, etc.) during regular work hours and, in emergencies, at night and on weekends. Contractor shall collect and deliver such material to the City designated Disposal Facility (or, in the case of Recyclable Materials, Yard Trimmings, Wood, concrete, asphalt or other inert materials, to the City -designated MRF, Compost Facility, or Construction and Demolition Debris Processing Facility; and in the case of Electronic and Universal Waste, to a fully -permitted, City -Approved Processing Facility). In -33- addition, Contractor shall routinely Collect illegally dumped MSW, Yard Trimmings, Wood, Food Scraps, Recyclable Materials, Construction and Demolition Debris, Electronic or Universal Waste and/or Bulky Items on a weekly basis from each of the locations listed on Attachment CC and shown on the map of locations in Attachment CC. Collected materials shall be delivered to the City designated Disposal Facility (or, in the case of Recyclable Materials, Yard Trimmings, Wood, concrete, asphalt or other inert materials, to the City -designated MRF, Compost Facility, or Construction and Demolition Debris Processing Facility; and in the case of Electronic and Universal Waste, to a fully -permitted, City -Approved Processing Facility). The City reserves the right to add or delete locations on the list in Attachment CC at any time with seven (7) business days notice to Contractor. Contractor shall utilize appropriate vehicles, equipment and labor to accomplish Collection of illegally dumped materials in a safe and timely manner in accordance with all applicable laws and regulations. 4.11.D Covering of Loads. Contractor shall place covers on all open Roll Off Box Containers and transfer trucks during transport to the Disposal facility, Materials Recovery Facility, Compost Facility, Construction and Demolition Debris Processing Facility and all other Processing Facilities. 4.12 Hazardous Waste 4.12.A General. Contractor shall be aware of, and comply with, all laws, rules, and regulations relating to the handling and transportation of Hazardous Waste, including those requiring training and documentation. If Contractor observes any substances that it believes to contain Hazardous Waste within the City, including but not -34- limited to in Containers designed for MSW, Yard Trimmings, Wood, Food Scraps, Recyclable Materials or Construction and Demolition Debris, Contractor shall not collect such Hazardous Waste but shall immediately notify the appropriate regulatory agencies and the City. The preceding sentence does not apply to the Collection of Electronic Waste, Universal Waste, fluorescent tubes, pharmaceuticals or sharps that are classified as Hazardous Waste or Bulky Goods (i.e. refrigerators) that contain Freon, pursuant to this Agreement. In addition to other required notifications, if Contractor observes any substances which it or its employees reasonably believe or suspect to contain Hazardous Waste unlawfully disposed of or released on City property, including storm drains, streets, or other public rights of way, Contractor shall notify City Manager, or the City Manager's designee immediately. 4.12.6 Notice to Customers. Contractor shall notify all Customers at least once a year with a mailing separate from other notices and brochures, of: (i) the prohibition against the Disposal of Hazardous Waste in authorized Containers, Bins, Compactors or Roll -off Boxes; and (ii) the obligation of each Customer to provide for the proper handling and disposition of Hazardous Waste. To the extent that Contractor has actual knowledge of the existence of such Hazardous Waste in a Container placed for Collection, Contractor shall not collect such Container. Contractor shall, prior to leaving the location where such Hazardous Waste has been observed, leave a tag at least 2" x 6" that informs the customer why the Collection was not made and lists the telephone number for the appropriate local agencies to contact for proper disposal of the Hazardous Waste. -35- 4.12.0 Contractor to Segregate and Dispose. In the event Contractor inadvertently collects any Hazardous Waste, and during the course of transportation and disposition at a Disposal Facility, Materials Recovery Facility, Compost Facility, Construction and Demolition Debris Processing Facility or other Processing Facility, becomes aware that it has collected such Hazardous Waste, Contractor shall segregate the Hazardous Waste, and shall arrange for its transport and Disposal to a properly permitted Recycling, treatment or disposal facility of Contractor's choosing at Contractor's sole expense. Contractor shall be solely responsible for the transport and disposition of all Hazardous Waste that is collected by Contractor. City will cooperate with Contractor's attempts to locate and collect the costs of such transport and disposition from the responsible Customer. 4.12.D Operating Procedures and Employee Training. Contractor shall establish, implement and maintain written operating procedures designed to ensure Contractor's utilization of techniques generally accepted in the recycling and waste hauling industry for cities of the size and nature of the City of Tustin, to handle and dispose of Hazardous Waste and its compliance with the provisions of this Section 4.12 and all applicable laws, rules, and regulations. Contractor shall establish, implement and maintain an employee training program and shall ensure that employees responsible for the identification of Hazardous Waste are fully trained to properly handle and dispose of Hazardous Waste. Contractor shall maintain documentation that describes the training received by its employees. -36- 4.12.E Hazardous Waste Diversion Records. Contractor shall maintain records showing the types and quantities, if any, of Hazardous Waste found in MSW, Recyclable Materials, Yard Trimmings, Wood, Food Scraps and/or Construction and Demolition Debris at Residential Premises and at Commercial and Business Establishments and which was inadvertently collected from service recipients within the City, but diverted from landfilling. 4.13 City's Right to Change Scope of Work. City may, without amending this Agreement, direct Contractor to cease performing one or more of the services described in this Agreement and may direct Contractor to modify the scope of one or more of such services, may direct Contractor to perform additional Collection services and/or processing services, and may similarly modify Contractor's obligations under any provisions of this Agreement. The changes that City may direct include, but are not limited to, program expansions, new Diversion Programs to comply with the Act, modifying or stopping certain Diversion programs and/or specified portions of programs, change of Processing Facility, providing pilot programs and innovative services which may entail new Collection methods, different types of services, equipment and/or new requirements for Customers, new technology, and compliance with new laws, rules, and regulations. If such changes cause an increase or decrease in the cost of performing the services, an appropriate adjustment in the Contractor's rates will be made as provided in Section 12.06. Contractor will continue to perform the new or changed service while the appropriate adjustment in rates, if any, is being determined. -37- The work to be performed by Contractor, including the scope of work in Attachment B, includes tasks and programs (referred to in Attachment B as City - Directed programs) that City, in its sole discretion, may choose to implement during the Term. Contractor has provided City with rates to be charged to Customers for all of the City -Directed programs in Attachment B. If City chooses to implement any of those program(s), the provisions of this Section 4.13 shall not apply. Instead, the rate(s) for said program(s) shall be adjusted for the passage of time as described in Attachment J. The revenue from such rates, plus the revenue from sale of any Recyclable Materials, Diverted materials and/or any energy produced shall constitute the full and complete compensation to Contractor for implementing such program(s). 4.14 Attendance At Meetings With City. Contractor shall attend monthly status meetings with City representatives and agents beginning within one calendar week of the Effective Date of this Agreement. The date, time and location for meetings will be established by the City, in consultation with the Contractor. Contractor shall provide all necessary and appropriate personnel to attend each meeting such that the topics on the agenda can be addressed fully and completely. At the sole discretion of the City, additional, more frequent meetings may be convened during the months leading up to and after the start date for operations of April 1, 2019, in order to make sure the Implementation Plan is on schedule and that the Contractor is fully ready and prepared to commence Collection and all other operations pursuant to this Agreement. At the sole discretion of the City, additional meetings may be convened during the Term to continue to address issues not resolved at the monthly meetings and to address specific events, issues or concerns as needed by the City. Topics to be covered at the monthly M meetings include progress on the Implementation Plan, progress toward the achievement of program implementation as described in Attachment B, contamination levels in customer containers, the Quarterly Tonnage Allocation Audits, review of implementation of all items in the Scope of Work, review of monthly reporting documents including the Red/Green Tracking Spreadsheets, planning for upcoming Special Events, and any other items relevant to the accomplishment of all tasks and attainment of all performance standards contained in the Agreement. 4.15 Ownership of Municipal Solid Waste and Recyclable Materials. Ownership a n d the right to possession of all MSW, Yard Trimmings, Wood, Food Scraps, Construction and Demolition Debris and Recyclable Materials shall be transferred to Contractor from the Customer once such materials are placed in Containers and properly placed at the designated Collection location, by operation of this Agreement and pursuant to Chapter 3, Part 1, Sections 4312 (c) and 4315 (c) of the Tustin Municipal Code. At no time shall the City obtain any right of ownership or possession of MSW, Yard Trimmings, Food Scraps, Recyclable Materials, Construction and Demolition Debris or Hazardous Waste placed for collection and nothing in this Agreement shall be construed as giving rise to any inference that City has such rights. 4.16 Roll Off Box at City Yard. Contractor shall, at no additional charge, provide a Roll -Off Box at the City yard for disposal of abandoned items collected by City crews. Contractor shall empty the Roll Off Box within three (3) business days of notification from City. 4.17 Contamination Warning Notice. Contractor shall follow the procedures described in Attachment B, Section 5.9 "Procedure for Observation and Issuance of -39- Contamination Notices to Customers" at any time a driver observes Contamination in a Container placed for Collection. .M ARTICLE 5: TRANSPORTATION AND DISPOSAL OF MSW OR PROCESSING OF RECYCLABLE MATERIALS 5.01 Transportation and Disposal of MSW. City has entered into an agreement dated June 16, 2009 with the County of Orange for utilization of the Orange County Landfill System for disposal of MSW. An amendment to the agreement was executed by the City and the County on April 7, 2016 and April 28, 2016, respectively and became effective on or before June 30, 2016. Both the agreement and the amendment are included as Attachment I. The parties acknowledge that the City's existing arrangements with the Orange County Landfill System will expire as of June 30, 2025. City will be responsible for renewing these arrangements and shall notify Contractor when such renewal has taken place. In the event the Orange County Landfill System becomes unavailable to City for Disposal of MSW from City, Contractor shall assist City in identifying and researching possible alternate Disposal Sites and shall cooperate with City in switching to the alternate Disposal Site(s) identified by City. In such event, the provisions of Sections 4.13 and Section 12.04 shall apply if the change in Disposal Site creates a change (either an increase or decrease) in the cost of transport or Disposal of MSW. Contractor shall transport and deliver all MSW collected pursuant to this Agreement to the Orange County Landfill System, and to the specific landfill designated by City, for the duration of the City's contract with the County of Orange, including any extensions. The City -designated Disposal Sites as of the Effective Date are: the Prima Deschesa Landfill, the Frank Bowerman Landfill and the Olinda Alpha Landfill in the Orange County Landfill System. If the City -designated landfill becomes unavailable, Contractor shall transport and deliver all MSW collected pursuant to the Agreement to another landfill within the Orange County Landfill system as directed by City. If there is -41- no other landfill available within that system, or in the event the City's landfill agreement with the County of Orange terminates during the Term, Contractor shall transport and deliver all MSW collected pursuant to the Agreement to such other Disposal site designated by the City Manager or his/her designee. During the term of the City's contract with the County of Orange, Contractor shall comply with all provisions of such contract, including, but not limited to, Section 3.01(C) requiring transport and delivery of residue (as defined in Attachment I: "'Residue' means any material remaining from the processing, by any means and to any extent, of City Acceptable Waste or Recycled City Acceptable Waste; provided, however, that Residue shall not include minimal amounts of material remaining after such processing [which minimal amounts shall in no event exceed 10% of the amount of such City Acceptable Waste or Recycled City Acceptable Waste prior to processing.]") from all Materials Recovery Facilities, Compost Facilities and all other Processing Facilities utilized in the performance of this Agreement, to the Orange County Landfill System; and with Section 3.01 (H) requiring provision of tonnage data by type of load (residential, commercial and roll off), origin of MSW delivered to the County Landfill System directly from City routes and from all transfer stations and Processing Facilities used in the performance of this Agreement. 6.11). Delivery of any material to a landfill for use as ADC is prohibited (see Section Contractor shall cooperate with the operator(s) of the City -approved Disposal Site(s) with regard to operations therein, including by way of example, complying with -42- directions from the operator to unload Collection vehicles in designated areas, accommodating to maintenance operations and construction of new facilities, complying with the operator's Hazardous Waste exclusion program, and fully and transparently cooperating with the operator's tonnage tracking system including reporting of allocation methods and self -haul transfer allocations. In the event Contractor utilizes a transfer station for consolidation and transport of MSW or other materials collected in City during the Term, Contractor shall execute an agreement with the County of Orange as described in Section 3.1 (C) in a form similar that in Appendix 4 of the City -County Landfill Contract in Attachment I, entitling Contractor to be charged the Contract Rate (as defined in Attachment 1) for Disposal of MSW from City in the Orange County Landfill System. 5.02 Transportation of Source Separated and Single Material Recyclable Materials. Contractor shall transport and deliver for processing Single Stream Recyclable Materials and Single -Material Recyclables, and appropriate Bulky Goods to the [fill in name(s) of proposed Clean MRF(s) here] which is/are the City -approved Clean MRF(s) identified in Attachment O. 5.03 Transportation of Yard Trimmings. Contractor shall transport and deliver all Yard Trimmings to the [fill in name(s) of proposed Yard Trimmings Processing Facility(ies)] which is/are the City -approved Yard Trimmings Processing Facility(ies) identified in Attachment [fill inapplicable Attachments) here]. 5.04 Transportation of Food Scraps. Contractor shall transport and deliver all Food Scraps collected from Carts, Bins, Roll Off Boxes and Compactors pursuant to this -43- Agreement to [fill in name(s) of proposed Food Scrap processing facility(les) here] which is/are the City -approved Food Scrap Processing Facility(ies) identified in Attachment [fill inapplicable Afitachment(s) here]. 5.05 Transportation of Co -Collected Yard Trimmings and Food Scraps If and when City directs co -collection of Yard Trimmings and Food Scraps for any stream (e.g. Residential, Commercial and/or Multi -Family) Contractor shall transport and deliver all Co -Collected Yard Trimmings and Food Scraps collected in City pursuant to this Agreement to [fill in name(s) of proposed Food Scrap and Yard Trimmings Processing Facility(ies) here] which is/are the City -Approved Processing Facility(ies) for Co -Collected Yard Trimmings and Food Scraps identified in Attachment [fill in applicable Afitachment(s) here]. 5.06 Transportation of Construction and Demolition Debris. Contractor shall transport and deliver all Construction and Demolition Debris collected from Bins and Roll Off Boxes pursuant to this Agreement to the ill in name of proposed C&D Processing Facility here] Facility, which is the City -approved Construction and Demolition Debris Processing Facility identified in Attachment S. 5.07 City Right to Unilaterally Direct Change in Processing Facility. City reserves the right to unilaterally direct a change in any of the Processing Facilities described in this Article 5 for any reason, during the Term. In such event, City shall provide a minimum of six (6) months written notice to Contractor of the change. In such event, the provisions of Section 4.13 shall apply. 5.08 Designated Processing Facilities Unavailable. If any of the Processing Facilities described in Sections 5.02, 5.03, 5.04, 5.05, and/or 5.06 become unavailable for use by the City during the Term, City may designate a new Processing Facility pursuant to Section 14.13. The parties agree that a Processing Facility shall only be deemed to be "unavailable" if one or more of the following has occurred: (i) a Force Majeure event as described in Section 14.13 has occurred; or (ii) a Processing Facility has lost one or more permits to operate; (iii) a Processing Facility has exhibited a pattern of violation through the receipt of repeated notices of violation from one or more regulatory agencies. Further, the parties agree that a Processing Facility shall only be deemed to be "unavailable" if the lack of availability of the Processing Facility is not due to Contractor's negligence, illegal activity, neglect or willful misconduct. At City's request, Contractor shall research and propose alternate Processing Facility(ies) for the material(s) requiring Processing, and shall submit a written analysis and recommendation to the City within five (5) working days concerning the cost for use of alternate facilities and any logistical changes that would be required to utilize such alternate facilities. City and Contractor will discuss the advantages and disadvantages of use of the potential alternate Processing Facilities and City will designate a selected facility. The decision of the City will be final. In the event a Processing Facility becomes unavailable due to the negligence, illegal activity, neglect or willful misconduct of Contractor, Contractor shall bear all additional costs for use of an alternate Processing Facility including increased processing costs, transportation costs, transfer costs and all other costs. -45- 5.09 Contractor Request for Change of Processing Facility. In the event Contractor proposes the use of a new or different Processing Facility than those currently in use, Contractor shall provide the City with a detailed description of the proposed facility including but not limited to, the location, owner and operator, current facility users, technical capacity, processing methodology, diversion capabilities, potential advantages to the City, cost of use of the facility including impacts of transportation costs and tipping fees, and shall provide copies of all permits for the facility. In presenting the costs for use of the proposed facility, Contractor shall provide the City with both basic cost information and with proposed revisions to Attachment D showing the breakdown of costs for Collection, processing, transportation and Disposal for each rate category (Residential, Commercial, Multi -family and Roll Off) incorporating use of the proposed facility, as well as the total proposed rate change for each rate category incorporating use of the proposed facility. The City will evaluate the proposal and may, at its sole discretion, choose not to use the proposed facility if any one of the following issues is not addressed to the satisfaction of the City: (a) Costs are not acceptable. (b) The facility does not have all required state, federal and local permits, and land use approvals and/or the facility is not operating in compliance with all state, federal and local permits, regulations and land use approvals. (c) Performance of the facility is not acceptable (e.g. the diversion achieved or proposed is not adequate, the quality of the materials created at the facility is substandard, etc.) (d) The actual or proposed end use for the processed materials created by the facility is not the highest and best use as dictated by regulatory conditions. (e) The City does not need such a facility. EN (f) Use of the proposed facility is not in the best interest(s) of the City and its ratepayers. The parties will meet and discuss use of the proposed facility and the Contractor will provide prompt responses to City questions, concerns and requests for any additional information. City will inform Contractor in writing of its decision concerning use of the proposed facility within sixty (60) days of receipt of all of the information requested by the City. The decision of the City shall be final. In the event City chooses to utilize a new or different Processing Facility, Attachment D shall, for the remainder of the Term, (if desired by City) be revised to include additional columns such that the new table shows the breakdown of costs for Collection, processing, transportation and Disposal for each category of service. -47- ARTICLE 6: PROCESSING AND MARKETING OF RECYCLABLE MATERIALS 6.01 General. The costs proposed by Contractor shall include the costs of furnishing of all labor, supervision, equipment, materials, supplies and all other items necessary to perform the processing and materials marketing services required in a thorough, workmanlike and efficient matter. 6.02 Permits. Contractor shall utilize only Processing Facilities that are fully licensed and permitted under all applicable federal, state, regional and local laws, rules, and regulations. Within fifteen (15) calendar days after execution of the Agreement by both parties, Contractor shall deliver to City a package containing copies of all of the permits for the Clean MRF, the Compost Facility, the Yard Trimmings/Wood Processing Facility, the Food Scrap Processing Facility(ies), the Construction and Demolition Debris Processing Facility and for any other Processing Facility approved by City that Contractor will use to process materials collected within City. Contractor shall simultaneously submit original signed contracts with each Processing Facility (unless owned by Contractor) evidencing the terms and conditions under which Contractor is entitled to utilize the facilities for processing of City's materials and showing that each agreement includes the Processing Facility meeting all the requirements included in this Article 6. 6.03 Delivery of Residue to Landfill. Contractor shall deliver, or arrange to be delivered, all non -recyclable Residue from the operations at all Processing Facilities including but not limited to the Clean Materials Recovery Facility, the Compost Facility, the Food Scrap Processing Facility(ies) [insert here additional types of processing Im facilities to be used] and the Construction and Demolition Debris Processing Facility to the City designated landfill. Delivery of any material to a landfill for use as ADC is prohibited (see Section 6.11). 6.04 MRF, Compos4 Food Scrap and CID Facility Operating Requirements. Contractor shall operate all Processing Facilities it owns, including but not limited to, the Clean Materials Recovery Facility, the Compost Facility, the [fill in all other Contractor -owned Processing Facilities here] and Construction and Demolition Debris Processing Facility in compliance with all applicable federal, state, regional and local laws and regulations and shall adhere to the requirements of all permits for each facility. If Contractor is using Processing Facilities it does not own, it shall be Contractor's responsibility to investigate and determine that said facilities are operating in compliance with all applicable laws, rules, and regulations and permit requirements. If, at any time during the Term, said facilities are not operating in compliance with all legal requirements, it shall be the duty of Contractor to immediately report the situation to the City. Upon receipt of such information, City may conduct an independent investigation of the situation, may require Contractor to utilize a different Processing Facility while City is conducting its investigation, or may take other actions City deems reasonable and necessary to protect the interest of the City, its customers, public health and safety and the environment. The Clean MRF described in Attachment O must include processing lines for cleanup of Single -Material Recyclables and sorting of Single Stream Recyclable Materials and must be capable of processing all the Single -Material Recyclables and Single Stream Recyclable Materials collected by Contractor in the City. [NOTE: The final contract with the selected proposer will contain one or more of the following paragraphs depending upon the Processing Facility(ies) proposed to be used for Yard Trimmings and Food Scraps.] The Compost Facility described in Attachment Q, must be capable of processing all the residential and commercial Yard Trimmings collected by Contractor in the City, and, if applicable, all Food Scraps collected by Contractor in the City. The end product(s) produced at the facility must be capable of being used for agricultural and landscaping applications and shall meet all federal, state, regional and local laws and regulations for such uses. Compost produced must be certified by the U. S. Composting Council Seal of Testing Assurance Program ("STA"). Contractor shall provide City with documentation evidencing such certification annually on or before August 1 of each year beginning August 1, 2019. If the Compost Facility is owned by Contractor, Contactor shall have the capability to provide "custom blends" of Compost to address end users' needs for specific crop, soil and/or other parameters. The [fill in name of Anaerobic Digestion Facility here] Facility described in Attachment R must be capable of processing all residential and commercial Food Scraps and all residential and Commercial Yard Trimmings collected by Contractor in the City. All Anaerobic Digestate produced from processing of City's materials shall be Composted by either Contractor or a third party at a Compost Facility that is fully licensed and permitted by all applicable regulatory agencies to accept the quantities of Anaerobic Digestate delivered by Contractor from the Anaerobic Digestion Facility described in Attachment R. The end product(s) produced at the facility must be capable -50- of being used for agricultural and landscaping applications and shall meet all federal, state, regional and local laws and regulations for such uses. Compost produced must be certified by the U. S. Composting Council Seal of Testing Assurance Program ("STA"). Contractor shall provide City with documentation evidencing such certification annually on or before August 1 of each year beginning August 1, 2019. If the Compost Facility is owned by Contractor, Contactor shall have the capability to provide "custom blends" of Compost to address end users' needs for specific crop, soil and/or other parameters. If there is no fully permitted Composting Facility available for Composting Anaerobic Digestate, and Contractor can demonstrate such lack of a Composting Facility, City may, but is not required to, consider allowing Contractor to land -apply Anaerobic Digestate (either solid and/or liquid Anaerobic Digestate). In such event, City may request that Contractor submit a detailed plan for land -application of Anaerobic Digestate, until such time as a fully permitted Composting Facility becomes available. The plan shall include the number of Tons (and/or gallons) of Anaerobic Digestate to be land -applied per month, per quarter and per year; location(s) of proposed land(s) where Anaerobic Digestate would be applied; acreage of each proposed parcel; current use and zoning for each parcel (e.g. agricultural use or non-agricultural use); planned schedule and frequency of delivery and application of Anaerobic Digestate to each parcel(s); planned depth of applications; method of application and equipment to be used for application; laboratory test results for metals, pathogens, and all other required parameters per Title 14 CCR Section 17852(a)(24.5)(A) et seq. and per all Regional Water Quality Control Board, California Department Food and Agriculture and United -51- States Department of Agriculture laws and regulations. Laboratory results submitted to City shall include chain of custody information for each sample using a procedure equal to or more rigorous than the U. S. Composting Council Seal of Testing Assurance protocol. The plan shall describe in detail, the requirements of each agency and Contractor's plan for compliance with same. The plan shall also contain a letter of authorization and approval from the local jurisdiction with land use authority for each parcel, the Local Enforcement Agency, CalRecycle, the Regional Water Quality Control Board, the local Air Quality Management District, the applicable Air Pollution Control District, the local health department, the local Fire Department and fire authorities, and if agricultural land is proposed to be used, from the California Department of Food and Agriculture concurring that the plan meets all state, federal and local requirements. Upon receipt of Contractor's plan for land application of Anaerobic Digestate, City will review the plan, conduct research and hold discussions with the regulatory agencies. Contractor shall respond in a timely and complete manner to all questions from City concerning the proposed plan. City may approve or disapprove Contractor's proposal for land application of Anaerobic Digestate, in City's sole discretion. The decision of the City shall be final. In the event City approves land application of Anaerobic Digestate until a fully permitted Composting Facility becomes available, Contractor shall, on an annual basis beginning twelve (12) months after City's approval of the land application, submit a letter of verification from the Local Enforcement Agency that the land application of Anaerobic Digestate is in full compliance with all state, federal and local laws and regulations. City may conduct site visits to all land parcels utilized for land disposal of -52- Anaerobic Digestate as described in Section 9.04. If City determines at any time, that Contractor's land application of Anaerobic Digestate is not in compliance with all applicable state, federal and local laws and regulations, City may direct Contractor to cease such land application. In the event that a fully permitted Compost Facility becomes available to Compost Anaerobic Digestate, City may direct Contractor to cease land application of Anaerobic Digestate and commence use of the City -approved Composting Facility. In such event, the provisions of Section 5.07 shall apply. Contractor shall only manage Anaerobic Digestate resulting from processing of City's materials by either (a) Composting the Anaerobic Digestate at a fully licensed Composting Facility and/or (b) by land application pursuant to the plan submitted to City, all in accordance with the requirements of this Agreement. The sale, donation or use of Anaerobic Digestate (liquid or solid) produced from processing City's materials, for any other use or purpose is strictly prohibited. The sale or donation of Anaerobic Digestate (liquid or solid) produced from processing City's materials by Contractor to any other Person or the use of Anaerobic Digestate (liquid or solid) produced from processing City's materials by any other Person, is strictly prohibited. The [fill in name of Bioengineered Feedstock Facility here] Facility described in Attachment P must be capable of processing all source -separated Residential, Multi - Family and Commercial Food Scraps Collected by Contractor in the City. Contractor shall report to City the total Tons of Food Scraps delivered to the Bioengineered Feedstock Facility, the conversion factor used to calculate the gallons of feedstock produced from the City of Tustin's Food Scraps at the facility, and the total gallons of Tustin feedstock delivered to the Waste Water Treatment Plant described in Attachment -53- R. Contractor shall also report to City the number of Tons of Residue generated by the bioengineered feedstock facility in its preparation of the feedstock and the facility to which the Residue was delivered. Contractor shall ensure that the Food Scraps delivered to the bioengineered feedstock facility meet, and will continue to meet in the future, the specifications required by both the feedstock facility and the Waste Water Treatment Plant. Contractor shall also ensure that the Waste Water Treatment Plant continues to be fully permitted and operating within all permit requirements during the Term. [lf an alternate bioengineered feedstock technology that does not use a Waste Water Treatment Facility is utilized by the selected proposer, additional reporting and other requirements will be added here j The Construction and Demolition Debris Processing Facility described in Attachment S must be capable of processing all of the Construction and Demolition Debris that is collected by the Contractor in the City. 6.05 Contractor To Meet All Food Scrap Processing Facility Specifications. Contractor shall take all actions required to ensure that the Food Scraps Collected and delivered to the Food Scrap Processing Facility provided by Contractor and approved by City, meet all specifications required by said Facility for the feedstock material, including but not limited to, amounts of Contaminants allowed. In no event shall the Food Scraps Collected in City be delivered to any alternate Food Scrap Processing Facility or any other type of facility that has not been previously approved in writing by City, nor shall any Food Scraps Collected in City be Disposed. -54- 6.06 Processing Requirements. Contractor shall process Single -Material Recyclables, Single Stream Recyclable Materials in such a manner that satisfies the Diversion implementation requirements of Attachment B. Materials collected by Contractor shall be processed at the facilities listed below: Material Processing Facility Single Material Recyclable Materials Clean MRF (glass, metals, loose and baled cardboard, etc.) Single Stream Recyclable Materials Clean MRF Yard Trimmings/Wood [Fill in type of facility(ies) e.g. compost and/or AD] Food Scraps Materials [Fill in type of facility(ies) e.g. compost, AD, bioengineered feedstock & wastewater treatment plant] Co -collected Food Scraps and Yard [Fill in type of facility(ies) e.g. compost and/or AD] Trimmings/Wood Construction and Demolition Debris Construction and Demolition Debris Processing Facility -55- 6.07 No Use of Biomass or Transformation Facilities. Contractor shall not deliver MSW or any other materials to a Biomass Facility or to a Transformation Facility. 6.08 Reporting of Annual Diversion Rate Achieved. On or before March 15, 2020, and on or before March 15 in all subsequent years of the Term, Contractor shall report to City the Annual Diversion Rate for the preceding calendar year, including copies of all reports from the County of Orange and CalRecycle, all Processing Facilities and all other records used as source documents for the Tons collected, processed and Disposed by Contractor for the prior calendar year. Contractor's report shall include a list of all Tons of MSW Disposed by Contractor at Disposal facilities, and shall include Residue from all Processing Facilities utilized by Contractor including but not limited to Clean MRF, Compost Facilities, Food Scrap Processing Facilities, and Construction and Demolition Debris Processing Facilities. The report will show the total Tons from City that have been Disposed. The report will also list the total Tons of MSW, Single - Material Recyclables, Single Stream Recyclable Materials, Yard Trimmings, Food Scraps, Construction and Demolition Debris and all other materials Collected from within City by Contractor, and the total number of Tons of said materials. Said report shall show the total number of Tons Collected and Diverted in each of the following categories: (a) Residential, (b) Multi -Family, (c) Commercial and Business Establishments, and (d) Roll Off Box service. For purposes of this report, Roll Off shall include both permanent and temporary Bins and Roll Off Box service, Collection of Compactors of ten (10) cubic yards or larger in size, and Collection of Construction and Demolition Debris. Contractor shall provide a written response to any questions from City concerning the Diversion calculations and shall, if requested, meet with City to -56- discuss the calculations, the underlying tonnage reports, and any other related issues. If requested by City, Contractor shall supply all additional documentation required to substantiate the Diversion rate calculation to the satisfaction of City. 6.09 ContractorIncentive. Contractor may earn up to two (2) one-year extensions of the Term, as described herein. Attachment N provides the detailed methodology for evaluation of achievement of the requirements described herein. 6.09.A Phase 1 Extension Incentive. If Contractor meets the implementation requirements listed below and Contractor is in full compliance with all requirements of this Agreement, City will extend the Term of the Agreement by one (1) year. In order to qualify for the Phase I incentive, Contractor must have achieved all of the following by March 31, 2022: (a) have fully implemented an AB 341 Single Stream Recyclable Materials and/or Single -Material Recyclables Collection program at one -hundred percent (100%) of Commercial AB 341 Customers (approximately 200 additional accounts as of the Effective Date); (b) have fully implemented an AB 341 Single Stream Recyclable Materials and/or Single -Material Recyclables Collection program at one - hundred percent (100%) of Multi -family AB 341 Customers (approximately 90 additional Customers as of the Effective Date); and (c) have fully implemented an AB 1826 Food Scrap Diversion program at 100% of Tier 1, 2, 3, and 4 AB 1826 Customers (approximately 260 additional Customers as of the Effective Date). If Contractor meets the Diversion requirements for Phase 1, the City will extend the Agreement for one year from March 31, 2027 to March 31, 2028. During the period April 1, 2022 through June 30, 2022, City will conduct a survey of all AB 341 and AB 1826 Customers. City will determine if Contractor has fully implemented an AB 341 Single Stream and/or Single -57- Material Recycling program at one -hundred percent (100%) of all the AB 341 Customers within City. City will also determine if Contractor has fully implemented an AB 1826 Food Scrap Collection program at one -hundred percent (100%) of all AB 1826 Customers. City will utilize the criteria and methodology in Attachment N, Subpart 3 (a) 1 and Subpart 3 (a) 2 in making said determinations. Customers on the List of Non - Compliant Customers Referred to City for Enforcement Action Under Mandatory Ordinance" (described in Attachment on April 1, 2022, shall not count against Contractor in determining whether Contractor has achieved the metrics to earn the Phase 1 extension. However, if City identifies any Customer required by PRC 42649 et seq. to have a fully implemented AB 341 program, that does not have a fully implemented program and is not on the list of "Non -Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance" in Attachment K, Monthly Reports, Item #8, then Contractor fails to earn the Phase 1 one-year extension. Similarly, if City identifies any Customer required by PRC 42649 et seq. to have a fully implemented AB 1826 program, that does not have a fully implemented program and is not on the list of "Non -Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance" in Attachment K, Monthly Reports, Item #8, then Contractor fails to earn the Phase 1 one-year extension. 6.09.6 Phase 2 Extension Incentive. If Contractor meets the implementation requirements listed below and Contractor is in full compliance with all requirements of this Agreement, City will extend the Term of the Agreement by one (1) year. In order to qualify for the Phase 2 incentive, Contractor must have achieved all of the following by December 31, 2024: (a) has continued full implementation of all AB 341 and AB 1826 programs at Customers required by PRC 42649 et seq. and PRC 42649.8 et seq. to have such programs; (b) has fully implemented an SB 1383 Food Scrap Collection program at one -hundred percent (100%) of the Multi -family complexes that are required to have this service per SB 1383 (PRC Section 42652 et seq.); (c) has not exceeded the Contamination caps for Residential, Commercial and Multi -Family Customers as follows: ten percent (10%) by weight for Single Stream Recyclable Materials, ten percent (10%) by weight for Food Scraps and twenty -percent (20%) by weight for MSW, as described in Section 3.3.4 (xi) of Attachment B. In the event City has directed implementation of a Residential and/or Multi -Family co -collection program for Yard Trimmings/Wood and Food Scraps, Contractor has not exceeded ten percent (10%) by weight Contamination of the co -collected Yard Trimmings/Wood and Food Scraps. In the event City has directed implementation of a Commercial co -collection program for Yard Trimmings/Wood and Food Scraps, Contractor must have achieved the ten percent (10%) by weight Contamination cap. For example, if Contractor meets the Diversion requirements for Phase 2, the City will extend the Agreement for one year from March 31, 2027 to March 31, 2028 (if Contractor failed to earn the Phase 1 Extension) or from March 31, 2028 to March 31, 2029 (if Contractor earned the Phase 1 Extension). During the period January 1, 2025 through March 31, 2025 City will assess Contractor's performance as follows: Continued Full Implementation of AB 341 and AB 1826 Programs. City shall conduct a survey of all Customers required by PRC 42649 et seq. and PRC 42649.8 et seq. (AB 341 and AB 1826, respectively) in City. City will determine if Contractor has continued full implementation of said programs at one -hundred percent (100%) of all the -59- Customers required to have AB 341 and AB 1826 City will utilize the criteria and methodology in Attachment N, Subpart 3 (b) 3 in making said determinations. Customers on the List of Non -Compliant Customers Referred to City for Enforcement Action Under Mandatory Ordinance" on January 1, 2025, shall not count against Contractor in determining whether Contractor has achieved the metrics to earn the Phase 2 extension. However, if City identifies any Customer required by either PRC 42649 et seq. or PRC 42649.8 et seq. to have a fully implemented AB 341 or AB 1826 program, that does not have a fully implemented program and is not on the list of "Non - Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance" in Attachment K, Monthly Reports, Item #8, then Contractor fails to earn the Phase 2 one-year extension. Mu/ti-Family Food Scrap Program Implementation. City shall conduct a survey of all Multi -Family Customers in City. City will determine if Contractor has fully implemented an SB 1383 Food Scrap Collection program at one -hundred percent (100%) of all the SB 1383 Customers required to have such a program pursuant to PRC Section 42652 et seq. City will utilize the criteria and methodology in Attachment N, Subpart 3 (b) 1 in making said determinations. Multi -Family Customers on the List of Non -Compliant Customers Referred to City for Enforcement Action Under Mandatory Ordinance" on January 1, 2025, shall not count against Contractor in determining whether Contractor has achieved the metrics to earn the Phase 2 extension. However, if City identifies any Customer required by PRC 42652 et seq. to have a fully implemented AB 1383 program, that does not have a fully implemented program and is not on the list of "Non - Compliant Customers Referred to City for Compliance Action Under Mandatory .R Ordinance" in Attachment K, Monthly Reports, Item #8, then Contractor fails to earn the Phase 2 one-year extension. Achievement of Contamination Caps for Residential, Commercial, Multi -Family, Gated Developments, HOA's and Mobile Home Parks. As described in Attachment N, Contractor shall conduct special characterization studies during January 2025 to determine whether or not the required Contamination caps have been met. Special characterization studies shall be performed for each of the following streams: Residential, Multi -Family and Commercial, and for each of the following components contained in each stream: Single Stream Recyclable Materials/Single Material Recyclables, Food Scraps and MSW, as described in Attachment N. For any component where the characterization study shows that the Contamination cap was exceeded, the Contractor may, at Contractor's sole expense, conduct one (1) additional characterization study for each of the failed components. All subsequent characterization studies for those component(s) exceeding the Contamination cap(s) must be completed on or before March 15, 2025 and the results submitted to City on or before March 25, 2025. 6.09.0 Failure to Meet Phase 1 or Phase 2 Extension Requirements. In the event Contractor meets all of the extension requirements in both Phase 1 and Phase 2, the Term will be extended to March 31, 2029. If Contractor fails to meet the extension requirements of Phase 1, such failure will not preclude Contractor from earning a one- year extension of the Agreement in Phase 2. If Contractor fails to meet the extension requirements of Phase 1, but meets the extension requirements of Phase 1 and of -61- Phase 2 by December 31, 2024, City will extend the Term by one year, to March 31, 2028. 6.09.D Notice of Extension or Failure to Earn Extension. The City will evaluate Contractor's performance in Phase 1 during April 1 - June 30, 2022. City will notify Contractor in writing on or before August 31, 2022 as to whether or not the Term is extended by one year for Phase 1. The City will evaluate Contractor's performance in Phase 2 during January 1 — March 31, 2025. City will notify Contractor in writing on or before May 1, 2025 as to whether or not the Term is extended by one year for Phase 2. The decision of the City shall be final. 6.10 Failure of Contractor to Achieve Minimum Levels of Diversion Program Implementation. Contractor is required to achieve minimum levels of Diversion Program Implementation as described in Section 14.11. Failure to achieve the minimum levels shall result in (a) forfeiture of the Phase 1 and/or Phase 2 Extension Incentive(s) and (b) Contractor payment of City's costs to fully implement Diversion programs, as more fully described in Section 14.11. 6.11 Marketing of Recovered Materials, Compost and Other Products. Contractor shall be responsible for marketing, or arranging for the marketing, of all Recovered Materials, all Compost product(s) and all other products, including but not limited to, methane, compressed natural gas, other marketable gas products and electricity generated or produced from the Processing Facilities utilized to process materials collected in City, including the Materials Recovery Facilities, Compost Facility, Food -62- Scrap Processing Facilities and the Construction and Demolition Debris Processing Facility. 6.12 Limits on Modes of Disposition. City may direct Contractor, at any time, to stop delivering Recovered materials for uses that do not qualify as Diversion for purposes of the Act. Contractor is prohibited from delivering any material Collected in City to a solid waste landfill for use as Alternative Daily Cover. This prohibition includes, but is not limited to, Recyclable Materials, Yard Trimmings, Food Scraps, Wood, Construction and Demolition Debris, Compost, Anaerobic Digestate, MRF "fines", MRF "overs" and all other products, byproducts and Residue from Processing Facilities utilized to Process materials pursuant to this agreement. This prohibition applies even if CalRecycle or any other agency allows such materials used as to qualify as Diversion for purposes of the Act. No MSW of any kind may be disposed of on land at any location other than by delivery to the City designated landfill. No MSW of any kind may be disposed of in water or in the atmosphere. 6.13 City Access to Processing Facilities. In addition to City's rights under other provisions of this Agreement, City and its agents shall have the right at all reasonable times to enter each of the Processing Facilities to (a) observe operations, (b) observe compliance with permit requirements, (c) observe tonnage allocation and tonnage tracking procedures, and (d) for any other reasonable purpose. -63- ARTICLE 7: EQUIPMENT, FACILITIES AND PERSONNEL 7.01 General. Contractor shall furnish all facilities, vehicles and equipment necessary to perform safely and efficiently the services required by this Agreement. Contractor shall provide new collection vehicles, bins, carts and other containers and other equipment as described in Section 7.03. 7.02 Facilities. 7.02.A General. Contractor shall provide all facilities required for storage, maintenance, repair and deployment of all vehicles and equipment required to perform the services required by this Agreement. Contractor shall also provide the necessary facilities and office space for personnel of Contractor providing the services required by this Agreement. The facility or facilities used by Contractor to perform the required services shall be fully permitted in compliance with all Federal, State and local laws, rules, and regulations. In the event the City receives complaints about the facilities (whether for noise, odor, litter, traffic problems or any other issue), Contractor shall promptly take action to address the issue(s) and shall resolve the problem within five (5) business days. 7.03 Vehicles. 7.03.A General. Contractor shall provide Collection and auxiliary vehicles of the type, size and configuration, and in the quantities shown on Attachment F-1. The vehicles to be provided shall also include the lighter -weight two -axle front loader vehicle(s) described in Attachment F-2 for Collection of Commercial Recycling Bins. All front loader, rear loader, side loader, Roll Off Box collection vehicles and all other no collection vehicles shall be new and unused as of April 1, 2019 and suitable in design and construction for arduous heavy-duty service. All front loader, rear loader, side loader and Roll Off Box collection vehicles acquired during the Term shall also be new and unused. For purposes of this section, "new" means the truck chassis, body and all other parts and components shall be new and unused. If it becomes necessary during the Term, a used diesel vehicle may be placed into service on a temporary basis (i.e., for no more than 90 days) provided that it is safe, in good operating condition, and equivalent in design and capacity to vehicles in regular service. All Collection vehicles shall be equipped with a system that provides surveillance, monitoring, auditing, recording and tracking including video and still photo equipment, GPS system, i -pads (or equivalent), bar code scanners, backup cameras, and communication devices described in Attachment F-3. Contractor shall also incorporate additional technological innovation in its equipment and practices as described in Attachment F-4. All vehicles shall comply with all laws and regulations including but not limited to the California Air Resources Board regulations. All front loader, rear loader, side loader and Roll Off Box collection vehicles listed in Attachments F-1 and F-2 shall be dedicated one hundred percent (100%) to use in City, and shall not be used to collect any material in any other location at any time. Collection routes within the City for MSW, Recyclable Materials, Food Scraps, Yard Trimmings, Wood and Construction and Demolition Debris shall collect only materials from within City such that when the Collection vehicles are weighed at the Disposal facility and/or at the Processing Facilities, one hundred percent (100%) of the Tons in each vehicle originate solely from City. -65- 7.03.6. Alternative Fuel Vehicles. All Collection vehicles (including all side loaders, rear loaders, front loaders, Roll Off, and any other types of vehicles) shall operate in full compliance with the requirements of the California Air Resources Board and the South Coast Air Quality Management District's rules and regulations including Rule 1193. Route supervisor's vehicles and all other ancillary vehicles that will operate on a routine basis in the City shall comply with all applicable laws, rules, and regulations, including but not limited to the California Air Resources Board and South Coast Air Quality Management District regulations. 7.03.0 Vehicle Identification. The wording "Serving the City of Tustin" and the name of Contractor, Contractor's local telephone number, and a unique vehicle identification number for each vehicle shall be prominently displayed on all Collection vehicles. Alternative Fuel Vehicles shall display a statement as to the type of alternative fuel being used. City shall approve all details, including size, color and location of text, identification numbers and logo. 7.03.1) Cleaning and Maintenance. 7.03.D.1 General. Contractor shall maintain all of its equipment used in providing service under this Agreement in a safe, neat, clean and operable condition at all times. 7.03.D.2 Cleaning. The exterior and interior of vehicles used in the Collection of MSW, Recyclable Materials, Food Scraps, Yard Trimmings, and Construction and Demolition Debris shall be thoroughly washed by Contractor at least once a week or more often as needed to maintain a clean appearance and thoroughly steam cleaned at least once a month or more often as needed to maintain a clean appearance. In addition, the interior collection compartment of vehicles used for the collection of Food Scraps shall be thoroughly washed on a daily basis. City may inspect vehicles at any time to determine compliance with sanitation requirements and aesthetic conditions. Contractor shall make vehicles available to the Orange County Department of Environmental Management and the City for inspection, at any frequency it requests. 7.03.D.3 Painting. All vehicles used in Collection of MSW, Yard Trimmings, Wood, Recyclable Materials, Food Scraps, and Construction and Demolition Debris shall be repainted by Contractor at least once every five (5) years, unless the City determines that repainting specific vehicles at that frequency is not necessary because the vehicle's appearance is satisfactory or unless the City determines that repainting a specific vehicle earlier (due to graffiti, wind damage, etc.) is necessary to ensure that the vehicle gives the appearance of having been repainted within the preceding sixty (60) months. All graffiti shall be removed or painted over within forty-eight (48) hours of discovery. 7.03.D.4 Maintenance. Contractor shall inspect each vehicle daily to ensure that the vehicle and all equipment is operating properly and in compliance with this Agreement. Vehicles which are not operating properly shall be taken out of service until they are repaired and do operate properly. Contractor shall perform or cause to be performed all scheduled maintenance functions in accordance with the manufacturer's specifications and schedule. Contractor -67- shall keep accurate records of all vehicle maintenance, recorded according to part or vehicle identification, date, and mileage, and shall make such records available to the City upon request. 7.03.D.5 Repairs. Contractor shall repair, or arrange for the repair of, all vehicles and equipment for which repairs are needed because of accident, breakdown or any other cause so as to maintain all vehicles and equipment in a safe and operable condition. If an item of repair is covered by a warranty, Contractor shall obtain warranty performance. Contractor shall maintain accurate records of repair, which shall include the part or vehicle identification, date/mileage, nature of repair and the signature of a maintenance supervisor that the repair has been properly performed. 7.03.D.6 Storage. Contractor shall arrange to store all vehicles and other equipment in safe and secure location(s). Facilities used for storage shall comply with all zoning and land use requirements applicable to the facility. Contractor shall not store vehicles or equipment (including Bins, Carts, and Roll Off Boxes) in parking lots, vacant lots or any other non -permitted area. City shall have access to Contractor's regular vehicle and equipment storage facilities at all times. 7.03.D.7 Leaking Vehicles. In the event that City receives a report of a leaking vehicle, Contractor shall, upon notification by City, immediately take the vehicle out of service and repair the leak. Contractor shall be responsible for cleanup of any spilled fluids whether on public streets, private streets, public property or private property. Vehicles collecting Food Scraps shall be specially designed and manufactured to contain liquid and prevent leaking. 7.03.D.8 Brake Inspections. The brake system of each vehicle used in performance of this Agreement shall be inspected and certified annually according to state law by a brake inspection station licensed by the state. Notice of certification shall be filed with the City within thirty (30) days after each certification, but in no event later than May 1 of each year of the Term beginning May 1, 2019. Failure to submit the required certification shall be grounds for termination of this Agreement. 7.03.E Operation. Vehicles shall be operated in compliance with the California Vehicle Code and all applicable safety regulations and local ordinances. Vehicles shall be operated only by employees of Contractor who are appropriately licensed by the California Department of Motor Vehicles. Contractor shall not load vehicles in excess of the manufacturer's recommendations or limitations imposed by state or local weight restrictions on vehicles. Contractor is solely responsible for paying any fines imposed by the California Highway Patrol, or other regulatory agencies, for violation of these requirements. 7.04 MSW and Recyclable Materials Containers 7.04.A General. Contractor shall furnish (and deliver to Customers) all Containers for storage of (i) MSW, (ii) Recyclable Materials, (iii) Yard Trimmings, (iv) Wood, (v) Food Scraps, and (vi) Construction and Demolition Debris of the types and sizes as described in Attachment B. A list of the Containers to be provided by Contractor is included in Attachment E. All such containers shall be new and unused as of the commencement of this Agreement. The type, size and number of containers shall be sufficient to contain, with the lid closed, all MSW, Recyclable Materials, Yard Trimmings, Wood and Food Scraps generated between collections. Roll Off Boxes need not have lids but shall not be filled above the top of the container. Contractor shall tarp all Roll Off Boxes prior to transporting them, if said Boxes contain any material(s) that may blow out of the Box or if required by the Disposal or Processing Facility where the Box will be unloaded. 7.04.8 Plastic Bins. At City direction, Contractor shall research the availability and cost of plastic bins (with lids) that are two (2) cubic yards and larger, that meet City, state and all other applicable City, state, federal and all other fire code regulations. If such bins are identified, and City so directs, Contractor shall offer and provide to Customers upon request at the rates in Attachment D, plastic bins made with fire retardant or otherwise manufactured to meet all fire code requirements. 7.04.0 Alternative Bin Lids. Contractor shall provide standard metal lids on metal bins. Contractor shall also offer and provide to Customers at no additional charge, the following types of alternative bin lids: (1) double -walled light weight plastic lids for metal bins; (2) locking lids for bins; (3) anti -scavenging lids including those with round holes for beverage containers and slits or slots for paper and cardboard and "trap door" lids to prevent scavenging of materials. All Containers provided by the Contractor shall conform to the specifications in Attachment E. -70- 7.04.1) Repair, Replacement, and Exchange. Contractor shall repair or replace any Container which is damaged, broken, lost or stolen; provided that Contractor may charge Customer the current market price for a new Container for damage or loss due to Customer -caused damage, whether such damage was negligent or intentional. Contractor shall repair or replace all Containers which do not meet vendors' warranties and the City required Container specifications as set forth in Attachment E. Contractor shall not be required to replace a non -repairable Compactor not owned or leased by it to a Customer. Upon request from a Residential Premises Customer, Contractor shall exchange a Cart that is in Customer's possession and not damaged, broken, lost or stolen for a new Cart within fourteen calendar (14) days of request. Contractor shall charge the Customer the fee as set forth in Attachment D for a Cart exchange. 7.04.E Cleaning, Painting and Maintenance of Contractor -Furnished Containers. Contractor shall maintain all Contractor -furnished Containers in a functional condition and so as to present an attractive appearance. All Contractor - furnished Bins shall be permanently labeled on the front (in a contrasting color so as to present an attractive appearance) with the size of the Bin (e.g. "3 Yard"). Such Containers shall be painted and repainted as requested by City, or Contractor shall replace any Container with a new or re -conditioned Container, of like -size, as directed by City. Contractor -furnished Containers that have been painted or marked with graffiti shall be repainted or removed from the Premises by Contractor within forty-eight (48) hours of notification by the Customer or City. At the same time as such Containers are -71- removed, they shall be replaced by like -sized Containers furnished by Contractor without evidence of graffiti. (Merely painting over graffiti is not acceptable; any Container marked with graffiti shall be repainted by Contractor prior to being re- delivered for use in City). Contractor shall clean and maintain all Contractor -furnished Containers in a safe and sanitary condition and whenever the City, or another agency with jurisdiction as a regulator, determines that cleaning is required to abate a health concern or nuisance condition. 7.04.F Annual Container Audit. Contractor shall conduct an annual audit of all Bins, Carts, Roll Off Boxes and bus shelter Toters to assess their physical appearance, need for maintenance and repair, and overall functionality in June of each year of the Term, beginning June 2019. Contractor shall wash, steam clean, paint, repair, and/or replace all Containers to ensure all Containers meet the requirements of this Section 7.04. Contractor shall provide a report to City on or before August 15 of each year of the Term, beginning August 2019, listing the type, size and location of each Container that was washed, steam cleaned, painted, repaired and/or replaced, including photo -documentation of all such Containers. 7.05 Personnel. 7.05.A General. Contractor shall furnish such competent and qualified drivers, laborers, mechanical, supervisory, clerical, managerial and other personnel as may be necessary to provide the services required by this Agreement in a safe, efficient, reliable and courteous manner. The minimum complement of employees which Contractor will provide for the scope of work described in this Agreement shall be -72- as set forth on Attachment G. Contractor shall provide fully qualified and experienced management personnel as named in Attachment G and shall not substitute those indicated by a star, (*) on Attachment G without the prior written consent of City. 7.05.6 Driver Qualifications. All drivers shall be trained and qualified in the operation of MSW, Recyclable Materials, Yard Trimmings/Wood and Roll Off Box Collection vehicles and must have in effect a valid license, of the appropriate class, issued by the California Department of Motor Vehicles. Each driver shall carry his/her license during work hours. 7.05.0 Uniforms. Contractor shall require its drivers, and all other employees who come into contact with the public in the City during working hours, to wear standardized uniforms bearing the Contractor's name, and to carry an identification badge or other means of identifying the employee. The City shall have the right to approve the style and color of the uniforms. Such uniforms shall present a freshly cleaned appearance. Employees shall be instructed to present employment identification cards to City staff, customers, security guards and law enforcement officers upon request, during work hours. 7.05.11) Safety Training. Contractor shall provide suitable operational and safety training for all of its employees who utilize or operate vehicles or equipment for Collection or processing of MSW, Recyclable Materials, Yard Trimmings, Wood, Food Scraps, and Construction and Demolition Debris or who are otherwise directly involved in such Collection or processing. -73- 7.05.E No Gratuities. Contractor shall not permit any officer, agent or employee to demand or solicit, directly or indirectly, or to accept, either directly or indirectly, any additional compensation or gratuity from members of the public, any City representative or employee, or any other Person or entity for the Collection of MSW, Recyclable Materials, Yard Trimmings, Wood, Food Scraps, Construction and Demolition Debris or any other material under this Agreement. 7.05.F. Employee Conduct and Courtesy. Contractor shall use its best efforts to assure that all employees present a neat appearance and conduct themselves in a courteous manner. Contractor shall regularly train its employees in customer courtesy, shall prohibit the use of loud or profane language, and shall instruct Collection crews to perform the work as quietly as possible. If any employee is found not to be courteous or not to be performing services in the manner required by this Agreement, Contractor shall take all necessary corrective measures, including, but not limited to, transfer, discipline or termination. If City has notified Contractor of a complaint related to discourteous behavior, Contractor shall, upon request of City, reassign the employee to duties not entailing contact with the public while the Contractor is pursuing its investigation or disciplinary process. 7.05.G. Provision of Two Recycling/Public Education Coordinators. Contractor shall provide two (2) full time Recycling and Diversion Program Coordinators ("Recycling Coordinators") to implement Diversion programs in the City of Tustin. The minimum duties, work tasks, and requirements for both Recycling Coordinators shall be as described in Attachment AA. Each coordinator will devote 100% of his or her time -74- (the equivalent of at least 2,000 work hours per calendar year) to these activities exclusively for City. The Recycling Coordinators identified in Attachment G, shall have a minimum of three (3) years experience in the design, implementation and operation of Recycling, Composting and Diversion Programs, interaction with the public, and detailed knowledge of the requirements of the Act. This shall not be an entry-level position and Contractor shall provide two (2) Recycling Coordinators that are fully trained and experienced as described herein on or before May 1 2019. If Contractor fails to provide two (2) full-time Recycling Coordinators on or before August 1, 2019, the liquidated damages in Section 13.09F shall apply. Contractor shall notify City, in writing, of the name, education, background and experience and a list of three (3) references for each coordinator prior to the Coordinator commencing work and whenever there is a change in the staffing of the positions. Upon City request, Contractor shall designate a different coordinator if either coordinator does not meet the requirements enumerated herein and/or if the City is otherwise dissatisfied with the performance of the designated coordinator. The coordinator's duties shall include those listed in Attachment AA as well as, but not limited to the following: (i) conducting waste audits at Commercial and Business Establishments: (ii) preparing Recycling and Diversion plans for businesses, institutions and other waste generators in City: (iii) routinely auditing each of the Diversion Programs described in Article 4 and Attachment B, including photographing said programs and reporting to City on the results of each program as detailed in Attachment B; (iv) preparing public education materials as required in this Agreement as well as other public education materials that may be requested by City; (v) attending all City -sponsored special events where Recycling and the environment are the theme or -75- topic; (vi) coordinating Recycling programs at all City -sponsored special events for the diversion of Food Scraps and Recyclable Materials that are generated by the event; (vii) implementing and maintaining the Recycling program at City Hall and all other City facilities including responding to questions about the program; (viii) speaking to community groups, schools, homeowner's associations and other organizations about the City's Diversion Programs; (ix) acting as a community resource with regard to Recycling and Diversion Programs; (x) working in a full and transparent manner with the City and its agents in troubleshooting and implementing programs, including audits, processing, and prices for Recyclable Materials, Construction and Demolition Debris and other materials; and (xi) such other duties as may be assigned by City. City reserves the right to re -direct the work efforts of the coordinator and to prioritize the tasks to be completed as needed throughout the Term of this Agreement. 7.05.11-11 Provision of Operations and Customer Liaison to City. In addition to the two Recycling Coordinators, Contractor's representative designated pursuant to Section 14.07 B, and the customer service representatives of Contractor, Contractor shall also provide an Operations and Customer Liaison to City ("the City Liaison") to resolve difficult and/or chronic Customer complaints, persistent, repeated and/or complex Customer billing and payment issues, and other Customer service or City issues that are not being resolved by Contractor's customer service representatives or the Recycling Coordinators in a timely manner. The City Liaison shall work and communicate directly with the City's designated staff person(s) to resolve issues as needed by the City. The minimum duties, work tasks, and requirements for the City Liaison shall be as described in Attachment EE. The Liaison will devote 100% of his or -76- her time (the equivalent of at least two -thousand (2,000) work hours per calendar year) to these activities exclusively for City. The City Liaison identified in Attachment G shall have a minimum of three (3) years experience in Collection operations for MSW, Recyclable Materials, Food Scraps, Yard Trimmings, Wood, Construction and Demolition Debris, Household Hazardous Waste, sharps, E -Waste, Universal Waste and all other material types, dispatch and operational logistics, customer billing and payments, Processing Facilities, implementation and operation of Recycling, Composting and Diversion Programs, interaction with the public, and detailed knowledge of all the requirements of the Act. This shall not be an entry-level position and Contractor shall provide the City Liaison that is fully trained and experienced as described herein on or before May 1, 2019. If Contractor fails to provide the City Liaison on or before August 1, 2019, the liquidated damages in Section 13.09F shall apply. Contractor shall notify City, in writing, of the name, education, background and experience and a list of three (3) references for the City Liaison prior to the City Liaison commencing work and whenever there is a change in the staffing of the position. Upon City request, Contractor shall designate a different City Liaison if the current or proposed Liaison does not meet the requirements enumerated herein and/or if the City is otherwise dissatisfied with the performance of the designated City Liaison. 7.05.1 Initial Hiring. Prior to commencement of operations, Contractor shall hire the necessary complement of employees. Contractor shall conduct a background check of each applicant, which will, at a minimum, include a check of -77- his/her driving record through the California Department of Motor Vehicles, record of criminal convictions, and references. All applicants shall be required to take a standard test for use of illegal drugs and alcohol as a condition of employment. Drivers shall be required to demonstrate proficiency in the English language; at least one person proficient in spoken English shall be on every Collection vehicle when that vehicle is in service. Contractor will furnish City with a copy of its training manual and schedule of training of new employees; City may require Contractor to include specific topics in such manual and training program. City may attend and observe any safety or operational training classes. Nothing in these Sections 7.05.G, H and I shall be construed to give City control over the selection or supervision of Contractor's employees. [The following paragraphs will be included in the contract as required by AB 1669, if the selected Contractor is not the incumbent and if the selected Contractor received a 10% preference in the RFP process.] "Contractor received a ten percent (10%) preference in the Request for Proposals process for agreeing to abide by all of the following requirements regarding the hiring of employees of the former incumbent contractor, CR&R, Incorporated. Contractor shall request from CR&R a list of the number of employees who perform services for the City of Tustin under the City's contract with CR&R, Incorporated, (as of the Effective Date of this Agreement) including the wage rates, benefits and job classifications of each of those employees, and also whether each employee will continue to be employed by CR&R upon termination of the City's contract with CR&R. Contractor shall make an offer of employment to employees that were employed by CR&R who perform(ed) services for the City of Tustin under the City's contract with CR&R, Incorporated ("the prior contract" which includes employees of any City -approved subcontractors to CR&R) who meet the following criteria. (1) the employee will be terminated by CR&R at the end of the prior contract; (2) the employee passes Contractor's tests for controlled substances and alcohol, physical examination, criminal background check and any other tests or requirements required by law as a condition of employment; (3) the employee passes Contractor's other standard hiring qualifications lawfully required for the position, and (4) the employee possesses any license that is required by law to operate the equipment that the employee will operate as an employee of Contractor. Contractor shall make a written offer of employment to each employee to be retained stating the time within which the employee must accept that offer (which shall in no event be less than ten (10) days). The offer shall state that the duration of the employment will be at least ninety (90) days. In the event Contractor determines that fewer employees are required to perform the services required by this Agreement than were required under the prior contract, Contractor shall retain qualified employees by seniority within the job classification. In determining those employees that are qualified, Contractor may require an employee to possess any license that is required by law to operate the equipment that the employee will operate as an employee of Contractor. Contractor shall not be required to pay the same wages or offer the same benefits provided by CR&R, Incorporated under the prior contract. Contractor shall not be required to comply with the foregoing in the following circumstances. (a) Contractor would be required to terminate or reassign an existing employee covered by a collective bargaining agreement with Contractor or any of Contractor's City -approved subcontractors, in order to hire the employee of CR&R, -79- Incorporated; (b) to the extent the actual number of employees being terminated by CR&R, Incorporated exceeds the number of employees communicated to proposers during the RFP process, as providing services pursuant to the prior contract; (c) Contractor chooses to not offer employment to a former CR&R employee for a reasonable and substantiated cause which is limited to the particular employee's performance or conduct while working under the prior contract, or the employee's failure of any controlled substance or alcohol test, physical examination, criminal background check required by law as a condition of employment, or other standard hiring qualification lawfully required by Contractor. In addition to the foregoing, Contractor may employ or otherwise engage current employees of CR&R, Incorporated without conducting the background check described in Section 7.05 1 if City receives a statement, signed by a responsible officer of CR&R, Incorporated, that the employee has worked for that company for at least two consecutive years and has performed satisfactorily. All other elements of this Section 7.05 shall apply to such employees. " M 7.05.J Ongoing Training and Testing. Contractor shall provide regular safety training on an ongoing basis and shall conduct random drug and alcohol testing of employees in safety -sensitive positions in compliance with regulations issued by the U.S. Department of Transportation. 7.05.K Use of Workers Not Employed by Contractor. If Contractor engages any workers through an independent contractor, such as an employment agency, it shall ensure that such contractor or agency: 1. complies with the nondiscrimination requirements in Section 14.01; and 2. Maintains Comprehensive General Liability, workers compensation and Employer's Liability insurance covering such workers in the amounts required by Section 11.02A and with policies meeting the other requirements of Section 11.02. Contractor is responsible for providing qualified and competent workers, whether as direct employees or through workers furnished by an independent contractor. Contractor is also responsible for providing sufficient training to all workers so that they can perform the work in a safe and competent manner and are thoroughly familiar with the work that Contractor is required to perform and the standards it is required to meet, under this Agreement. All drivers, mechanics, supervisory and managerial workers shall be direct employees of Contractor. me 7.05.L Provision of Senior Manager(s) Responsible For Marketing of Food ScrapsNard Trimmings/Compost Products and/or AD Energy and Digestate Contractor shall provide one or more senior manager(s) and technician(s) who are responsible for and directly involved in, tailoring compost end products for use in agricultural and landscaping markets (e.g "custom blends" created to specifically address customers' specific crops, soil or other parameters). In addition, if applicable, said persons will be familiar with, and be able to explain to the city: (i) all energy credits and revenues derived by Contractor from the production of energy from Anaerobic Digestion; and (ii) the marketing and federal, state and locally approved landscaping and agricultural uses of Anaerobic Digestate from the Anaerobic Digestion Facility. Contractor shall test Anaerobic Digestate and Compost from its operations using an outside independent testing laboratory approved by City. In the event Contractor has, and utilizes an in-house laboratory for such testing, City shall have the right to request the use of an outside independent laboratory for testing of compost and Anaerobic Digestate at any time at Contractor's sole expense. RN ARTICLE 8: OTHER COLLECTION -RELATED SERVICES &01 Billing. 8.01.A General. Contractor shall: (i) bill Customers for Collection of MSW, Recyclable Materials, Food Scraps, Yard Trimmings, Wood, Construction and Demolition Debris and all other materials at the City -established rates in Attachment D, as adjusted per the Agreement; (ii) maintain accurate billing and payment records; and (iii) bill Customers on a monthly, bimonthly or quarterly schedule as approved by City. Customers' bills shall be itemized showing the charges for each classification of services. Customer billing shall be performed pursuant to the requirements contained in Attachment B, Section 1 and an annual Billing Audit shall be performed as described in Section 1.1.4 of Attachment B. 8.01.6 City Inserts. City may direct Contractor to produce and insert mailers with billings relating to City -sponsored events, integrated waste management activities, other environmental programs, notice of proposed rate increases and City Council - approved rate increases at least six (6) times per year. If a postage increase is incurred for the City insert, the City will be responsible for paying said increase. 8.01.C. Delinquent Accounts. Contractor shall be responsible for collecting delinquent charges for services it renders to customers. Contractor shall employ measures, consistent with federal and California laws regulating the collection of debts, to obtain payment of charges including use of its own employees to obtain judgments in on Small Claims Court, and to enforce such judgments. Contractor shall follow the collection procedures described Section 1.1.1 of Attachment B. &02 Billing Records. Contractor shall keep records of all billing documents and customer account records including, but not limited to, invoices, customer payment coupons mailed with the invoice, collection notices, records of online payments, credit card payments and all other billing and payment documents for the entire Term of the Agreement. Contractor may, at its option, maintain those records in electronic form, hard copy, or in any other manner, provided that the records can be preserved and retrieved for inspection and verification in a timely manner. &03 City Access to Billing Information. Contractor shall provide City with prompt access to all current and up-to-date billing information necessary to allow the City to respond to customer inquiries or complaints or as otherwise required by City. At request of City, Contractor shall provide "read only" electronic access to Contractor's Customer billing records such that City employees can research billing inquiries and Customer account history from City Hall. Contractor shall cooperate with City to establish this "read only" function and shall ensure that City has access to Customer billing information in "real time". In the event City requests such access, Contractor shall bear all costs for any hardware and software to be located at Contractor's office(s) in order to establish access to Contractor's computer and server equipment, and City shall bear all costs of the hardware and software required at City Hall to connect access to Contractor's computer system. If specialized technical computer consulting assistance is required beyond that of City staff and Contractor's staff, Contractor shall pay for the required assistance. &04 Public(Customer Service and Accessibility. 8.04.A Office Hours and Location. Contractor shall maintain an office located either in the City or within a twenty-five (25) mile radius of the City limits. The office will be available for customers to pay bills, subscribe to service, change service, stop service and otherwise contact Contractor. Contractor's office shall be open to the public from 8 a.m. to 5 p.m. Monday through Friday. The office may be closed on Saturdays, Sundays and holidays as defined in this Agreement. 8.04.6 Availability of Representative. A knowledgeable representative of the Contractor shall be available during office hours to communicate with the City and members of the public in person and by telephone and to assist customers making payment in person. 8.04.0 Telephone. Contractor shall maintain telephone lines in operation at its office(s) during office hours. Incoming calls will be answered in a manner satisfactory to the City. Contractor shall install telephone equipment sufficient to handle the volume of calls typically experienced on the busiest weekday. Contractor shall also maintain an emergency telephone number for use during other than normal business hours and shall provide that number to City. Contractor shall have a representative, or an answering service to contact such representative, available at the emergency telephone number during hours when the office is closed. Contractor shall arrange for the regular telephone number to be listed in all telephone directories generally distributed in the City, online telephone directories for the City of Tustin, on all Contractor's bills and invoices and on Contractor's web site. on Contractor must ensure that telephone calls to it from locations within the City are billed as "local calls" by all telephone companies. If City receives complaints that Customers are unable to reach Contractor's office by phone, or are subject to excessive waiting time "on hold" prior to reaching a customer service representative, City may require that Contractor install additional telephone lines. Any voicemail system used by Contractor to route incoming calls to appropriate personnel shall require no more than two selections by callers to reach the appropriate customer service representative or other Contractor representative. 8.04.D Correspondence. Contractor shall respond to all written correspondence including all faxes and e-mail or other electronic correspondence from City or Customers within five (5) business days. 8.04.E Electronic Payment of Bills. Contractor shall provide electronic access to Customers for the following: (i) Sign up for service, (ii) Changes to service, (iii) Discontinuation of service, and (iv) Payment of Bills. Contractor shall accept major credit cards and direct debit service for payment of bills. 8.04.E Maps, Schedules, Consumer Information. Contractor shall furnish the City with maps and schedules for all Collection routes on or before February 1, 2019, and shall update such maps and schedules whenever a change occurs. Contractor shall have current maps and schedules available for inspection by the public at its business office. Contractor shall submit a new revised set of maps and schedules to City on May 1 of each year of the Term commencing May 1, 2020. In addition, Contractor shall prepare brochures containing information about the Collection of MSW, Recyclable Materials, Food Scraps, Yard Trimmings and Wood including: schedules of Collections, curbside procedures, and other useful information. Contractor shall distribute such brochures to the occupants of all Residential Premises and Commercial and Business Establishments prior to March 5, 2019. Brochures shall be revised and immediately distributed if there is any material change in the information and, in any event, at least once each year of the Term, prior to May 1, commencing May 1, 2020. Information cards shall also be mailed to City residents or businesses upon request. Contractor will submit drafts of the maps, schedules and brochures to City prior to distribution and will incorporate City's comments in the final version distributed to the public. 8.04.G Web Site. Contractor shall provide a web site customized for the City of Tustin. The web site shall include, but not be limited to, descriptions of all of Contractor's services in the City of Tustin; notices of special events (such as Christmas tree collection rules and dates); information on acceptable items in MSW, Recyclable Materials, Yard Trimmings, Wood, Food Scrap and Construction and Demolition Debris Containers and what materials constitute Contamination of each material stream; information on starting, stopping, starting, changing service, and vacation stops; information on electronic access as described in Section 8.04 E; information on available Container sizes; FAA's with responses; and updates for local special circumstances and events including holiday Collection schedules. Contractor shall maintain the web site in good working order and shall frequently update the web site to ensure it reflects current rates and services at all times. &05 Service Complaints. Contractor shall be responsible for the prompt and courteous attention to, and prompt and reasonable resolution of, all Customer complaints relating to service and billing. Contractor shall record in a separate log, the format of which is approved by the City, all complaints, noting the name and address of complainant, date and time of complaint, nature of complaint, and nature and date of resolution. This complaint log shall be available for inspection by City. In addition, Contractor shall compile a summary statistical table of the complaint log (or a copy of the log if requested by City) and submit the table, or copy, to City by the 20th day of each month, beginning in May 2019. Contractor shall respond to all complaints from Customers within eight (8) working hours of its receipt of notice of the complaint. In particular, if a complaint involves a failure to collect MSW and/or Food Scraps from a Premises as required by this Agreement, Contractor shall collect the MSW and/or Food Scraps in question within such eight (8) working hour period, provided it has been placed for Collection in accordance with the City's Municipal Code. If the complaint is received after normal working hours, Contractor shall respond to the complaint within eight (8) working hours of the time Contractor's employees receive the complaint information (i.e. for a complaint left at 7:00 p.m. on a weekday, Contractor's employees would receive the complaint at 8:00 a.m. the following morning and would resolve the complaint before 4:00 p.m. the same day). Complaints that are not resolved by the customer service representatives through Contractor's usual process within five (5) business days shall be referred to Contractor's City Liaison for concentrated research and resolution. Contractor's City Liaison shall work with the Customer, Contractor's operations, dispatch, billing and all other personnel required to resolve the complaint. The City Liaison shall work with the City representative as needed to discuss and identify options to resolve the complaint. Once the complaint is resolved the City Liaison shall provide photo evidence of the resolution to the City and shall follow up to make sure the complaint is truly resolved for a period of four (4) weeks. This follow up will include re -contacting the customer to ensure the complaint is resolved and the problem(s) reported have not recurred. 8.06 Customer Non -Payment of Bill. In the event a Customer fails to timely pay a bill, Contractor shall follow the procedures described in Attachment B, Section 1.01.1. 8.07 Change in Collection Schedule. Contractor shall obtain written approval from City prior to any change in Collection operations which results in a change in the day on which Collection occurs at Residential Premises. Contractor will comply with the requirements in Attachment B regarding notice to customers of changes in operations. 8.08 Report of Accumulation of MSW or Unauthorized Dumping. Contractor shall direct its drivers to note: (i) the addresses of any Premises at which they observe that MSW is accumulating and is not being placed for Collection and (ii) the address, or other location description, at which MSW has been dumped in an apparently unauthorized manner. Contractor shall deliver the address or description to City within two (2) working days of such observation. ARTICLE 9: RECORD KEEPING, REPORTING, INSPECTIONS AND AUDITS 9.01 Genera/. Contractor recognizes that maintenance of accurate and complete records of its operations and timely submission to City of accurate and complete reports is an essential aspect of the services to be provided by it under this Agreement. 9.02 Record Keeping. Contractor shall maintain accurate records of: (i) personnel; (ii) equipment; (iii) Collection operations; (iv) tonnages and Disposal used for MSW and Disposal of Residue from the following facilities: Clean MRF, Composting Facility, Food Scrap Processing Facility(ies), Construction and Demolition Debris Processing Facility (v) Diverted Tons of Recyclable Materials, Yard Trimmings, Wood, Food Scraps and Construction and Demolition Debris; (vi) customer service; (vii) billing and payment; (viii) sale of Recyclable Materials, Compost, Construction and Demolition materials, and any and all energy, and all other revenue -generating products; (ix) financial matters; and (x) other matters in such detail and format necessary to compile the reports required by this Agreement, including, but not limited to, all reports listed in Attachments K and N. All records of activities of Contractor in fulfilling the requirements of this Agreement, including but not limited to the above -listed records, shall be maintained by Contractor for the entire Term of the Agreement. Contractor may, at its option, maintain those records in electronic form, hard copy, or in any other manner, provided that the records can be preserved and retrieved for inspection and verification in a timely manner. 9.03 Reporting. Contractor shall compile and submit to City complete and accurate reports required by this Agreement, including but not limited to the following: .R 9.03.A Reports Listed in Attachment K. Monthly, quarterly and annual reports of Tonnages, Collection and Diversion operations, and other items. 9.03.6 Reports Listed in Attachment N. Results of Characterization Studies of all Processing Facilities and results of all On -Site Field Container Contamination Audits. 9.04 Inspection by City. The City shall have the right, but not the obligation, to observe and inspect all of the Contractor's operations involved in providing services under this Agreement to determine whether Contractor is performing in accordance with this Agreement and applicable laws and regulations. Contractor shall cooperate fully with such inspections, including inspections and observations of operations at all Processing Facilities. In connection therewith, the City shall have the right to enter any of Contractor's facilities, observe operations for an unlimited amount of time, photograph operations and record by both written and electronic media such observations measurements and quality of Recovered and/or processed materials. Where photo -documentation or other media capture is required by City or its agents to verify Contractor's claims and/or reported tonnages, Diversion or other information, such material shall be stored at Contractor's facility in a location secured to Contractor's satisfaction. The City shall have the right to speak with any of Contractor's employees, where it is necessary to obtain clarification or pertinent detail that can best be provided by the employee(s), and to receive a response to any inquiries directed to such employees; and review and make copies (at City's expense) of any and all Contractor's operational and business records related to this Agreement. If City so requests, Contractor shall make specified personnel available to accompany City employees -91- and/or City's agents on inspections. City's access to, and observation of activities and operations at each Processing Facility shall not be restricted or impaired in any way by Contractor. City may periodically investigate Contractor's financial status to determine Contractor's financial capacity to continue to perform in accordance with this Agreement. Such investigations will be done at the sole expense of City, using such City employees or independent agents as City deems appropriate. Contractor shall cooperate during such investigations and shall make available for inspection such records as the City, or its agents or authorized personnel, may request. Contractor shall maintain a complete roster of employees providing service under this Agreement. The roster shall contain the name, social security number, job classification and such other information as City may require. The City may inspect the roster, and make a copy thereof at its expense, at any time during business hours. City shall have the right to observe Containers of MSW, Recyclable Materials, Yard Trimmings, Wood, Food Scraps, Construction and Demolition Debris and all other materials for the purpose of conducting waste audits and Contamination audits as needed during the Term. 9.05 Compliance Reporting. Contractor shall submit monthly, quarterly and annual reports to the City documenting the disposition of MSW, Recyclable Materials, Yard Trimmings, Wood, Compost, Food Scraps, Anaerobic Digestate (if applicable), Bioengineered Feedstock (if applicable) and energy produced by the Anaerobic Digestion Facility (if applicable) and shall format such reports so that they may be used by the City for City's compliance with the reporting requirements of the Act or any other -92- subsequently enacted federal, state or local laws, rules, or regulations governing integrated waste management. Contractor shall also comply with all requirements of AB 901 (PRC Sections 41821.5-41821.8) as it may be amended, and all regulations promulgated thereto, regarding reporting Tons to CalRecycle, the City and other agencies. The aggregation of tonnages permitted by AB 901 shall not alter any of Contractor's reporting requirements in this Agreement. The confidentiality provisions of AB 901 shall not apply to any of Contractor's reports submitted pursuant to this Agreement. All Contractor's reports are subject to audit by City, or by a third -party designated by City. The accuracy of all required reports to be submitted by Contractor are of paramount importance to City. Such reports show how Contractor is tracking and allocating diverted Tons, Disposed Tons, residue Tons and Tons delivered to, and marketed from, Processing Facilities. The number of Tons diverted and Disposed directly impacts both the City's Diversion rate as calculated by the Act, and the City's costs of Diversion and of compliance with the Act. Therefore, City may take all necessary steps and actions to audit, analyze and review any tonnage discrepancies or any other discrepancies, in Contractor's calculations, allocations, tonnage tracking and submitted documentation and records. 9.05.A Reporting of Multi -Family and Commercial Tons Separately. As described in the definition of Commercial and Business Establishments in Attachment A, Contractor shall report all Tons collected at Multi -Family Premises separately from Commercial Tons. This includes but is not limited to, Tons of MSW, Recyclable Materials, Food Scraps, Yard Trimmings, Wood and Construction and Demolition Debris. Contractor may accomplish the separate tracking and reporting of Multi -Family -93- and Commercial Tons by any of the following: (i) use on -board scales and weigh each Bin or Cart as it is emptied into the Collection vehicle, record the weight and type of Customer for each lift (Multi -Family or Commercial) and report the Tons for each Customer type daily for each route; (ii) perform a Sector -Specific Density -on -Service Audit for Commercial and Multi -family routes and use the results to allocate Tons collected by weight using separate densities (pounds per cubic yard) measured for Multi -Family and Commercial on a semi-annual basis according to the methodology in Attachment H; or (iii) Collect Multi -Family and Commercial Tons on separate routes and report Tons collected for each individual route. In the event that there is a discrepancy between the levels of Contamination observed in on-site field Container Contamination audits of Multi -Family or Commercial Containers, versus the level of Contamination determined by the Processing Facility characterization conducted pursuant to Attachment N, Contractor shall diligently work with City to identify the sources of Contamination and reduce them to the limits required by law in order to comply with the Act. In the event such efforts do not result in agreement between the Contamination levels identified by the on-site field Container Contamination audits and the Contamination levels identified by the Processing Facility characterization, City may direct Contractor to Collect Multi -Family and Commercial Tons in separate Collection vehicles or using on -board scales at Contractor's sole expense. 9.05.6 Material Discrepancy in Data Reported. In the event that City discovers any material discrepancy in Contractor's reported Diversion, Disposal, Tonnages, or any reported data required by this Agreement, City will notify Contractor and Contractor shall have fourteen (14) calendar days to explain or otherwise resolve the discrepancy or discrepancies to the satisfaction of City. If there remains any doubt or question about the accuracy of Contractor's calculations, allocations, documentation or disposition of Tons of MSW, Recyclable Materials, Yard Trimmings, Wood, Food Scraps, Construction and Demolition Debris, Compost, Bioengineered Feedstock (if applicable), Digestate (if applicable) or any other materials, City may undertake a detailed examination of all information, documentation, calculations and other data. Contractor shall reimburse City's actual costs up to seventy-five thousand dollars ($75,000) in each calendar year for such analysis, research, and review. Contractor shall cooperate fully with City's efforts and shall provide in a timely manner all additional City -requested documentation, information, and records (both electronic and hard copy) and shall provide access to all City requested documents and records both of Contractor and of the Processing Facilities used to process Tons Collected in City. City will invoice Contractor for the actual cost of the additional tonnage and allocation review and Contractor shall pay the invoice within thirty (30) days of receipt. In the event that Contractor fails to pay City's invoice within thirty (30) days of receipt, the liquidated damages listed in Section 13.09 for late payment shall apply. 9.06 Annual Route Audit Contractor shall conduct an annual audit, during the month of April of each year of this Agreement, of all Collection routes for MSW and Recyclable Materials, Food Scraps, Yard Trimmings, and Wood. The audit shall include, at a minimum: (i) the route number, (ii) identification number of vehicles servicing each route, (iii) number and type of accounts serviced by route and by truck, (iv) number and sizes of Containers collected together with the frequency of Collection by route and by -95- truck, (v) weight of MSW collected, (vi) weights of Single -Material Recyclables, Single Stream Recyclable Materials, Yard Trimmings, Food Scraps, and Wood by route and by truck, (vii) densities for all routes audited in pounds per cubic yard, and (viii) any pertinent operational details. Results of the route audit shall be delivered to City in their entirety, including, but not limited to, maps of routes with each route numbered, survey sheets, logs, route lists, forms used to gather information, and other similar documents, within ten (10) working days of completion of the audit, and in no event later than May 20 of each year of the Term. The initial audit shall be performed in April 2020 with the report due by May 20, 2020. Said audit may be undertaken directly by Contractor or on behalf of Contractor by another party, but in either event shall be completed at Contractor's sole expense. 9.07 Characterization Studies and In -Field Container Contamination Audits. Contractor shall conduct the following characterization studies and audits as described in Attachment N: 9.07.A Characterization Studies. Contractor shall conduct characterization studies of the streams of materials being delivered to each Processing Facility using the protocols and at the frequencies described in Attachment N. The first Processing Facility characterization studies shall be conducted during 2019 as described in Attachment N. The characterization study reports shall include the items listed in Attachment N and be submitted to City at the frequencies described therein. City shall have the right to have City staff or City's representatives present during any of the study. Contractor shall give City a minimum of fifteen (15) calendar days written notice of the date and time Contractor shall conduct each study. The characterization studies and the reports on results shall be performed and prepared at Contractor's sole expense. The results of the characterization study shall be put into use the first day of the month following submittal of the report to the City and approval of the report and allocation method by City, and shall be used to report Tons Diverted and Disposed by each Processing Facility for the City of Tustin in the monthly reports submitted to City pursuant to Attachment K. Such results shall be used to report Tons Diverted and Disposed by each Processing Facility for the City of Tustin until the results of the next characterization study are approved by City. If and when Contractor is required to report to CalRecycle or any other agency, jurisdiction -specific Tons Diverted and Tons of Residue for each Processing Facility used by Contractor to process City's materials, Contractor shall report using the results of the Processing Facility characterization studies described herein. 9.07.6 In -Field Container Contamination Audits. Contractor shall also conduct on-site field Container Contamination audits at Residential, Commercial and Business Establishments, using the protocols and at the frequencies described in Attachment N. The Contamination audit reports shall include the items listed in Attachment N and be submitted to City at the frequencies described therein. In -field Contamination audits shall commence as described in Attachment N. City shall have the right to have City staff or City's representatives present during any of the audits. Contractor shall provide City a schedule and list of locations/routes where audits will be -97- conducted upon City request. The audits and the reports on results shall be performed and prepared at Contractor's sole expense. 9.08 Route Density Audits — Residential, Multi -Family and Commercial. Contractor shall, on a quarterly basis, conduct the route density audits described in Attachment H. The results will be used by City to convert visual volumetric measurements of Contamination observed during the in -field Container Contamination audits described in Section 9.07 B into weight -based Contamination data. In the event the results of the route density audits differ by twenty-five percent (25%) or more from the densities found during the characterization studies described in Section 9.07 A, Contractor's Recycling Coordinators shall work with all affected Customers to right -size service levels (including evaluating Container size, number of Containers and Collection frequency) as described in Section 3.3.4 of Attachment B. 9.09 Annual City Review of Contract Audits and Results Each year of the Term, City shall have the right, but not the obligation, to conduct a review of the procedures used to perform all audits and characterization studies described in Sections 9.05, 9.06, 9.07 and 9.08 and the results of said audits and studies. If City desires to review the audit and/or study results and/or procedures, City will contact Contractor to schedule a meeting or series of meetings to discuss the procedures and results. At City's sole discretion, Contractor shall change the audit and/or study protocol, timing and frequency as directed by City and shall put such changes into effect with the next audit and/or study. City's review of audit and study procedures may include review of Contractor and Processing Facility records and on-site visits to Contractor's facilities and Processing Facilities. City's access to, and observation of activities and operations at each Processing Facility shall not be restricted or impaired in any way by Contractor. 9.10 Reporting of Adverse Information. Contractor shall provide the City three (3) copies (one to the Public Works Director, one to the City Manager and one to the City Attorney) of all reports, pleadings, applications, notifications, Notices of Violation, communications or other material relating specifically to Contractor's performance of services pursuant to this Agreement, submitted by Contractor to, or received by Contractor from, the United States, U. S. Environmental Protection Agency, California Environmental Protection Agency, CalRecycle, the Securities and Exchange Commission or any other federal, state or local agency, including but not limited to any federal or state court. Copies shall be submitted to the City simultaneously with Contractor's filing or submission of such materials with said agencies. Contractor's routine correspondence with said agencies need not be submitted to City, but shall be made available to the City promptly upon City's written request. ARTICLE 10: INDEPENDENT CONTRACTOR 10.01 Contractor an Independent Contractor. In the performance of services under this Agreement, the Contractor shall be, and is, an independent contractor, and is not an agent or employee of the City. Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all Persons assisting Contractor in the performance of Contractor's services hereunder. Contractor shall be solely responsible for all matters relating to the payment of its employees, including compliance with social security, withholding and all other regulations governing such matters, and shall be solely responsible for Contractor's own acts and those of Contractor's employees and other agents. 10.02 No Partnership or Joint Venture Created. Nothing in this Agreement shall be construed as creating a partnership or joint venture between the City and Contractor, or as giving the City a duty to supervise or control the acts or omissions of any Person performing services or work under the Agreement. 10.03 No Entitlement to City Benefits. Neither Contractor nor its officers, employees, agents or subcontractors shall be entitled to any retirement benefits, workers' compensation benefits or any other benefits which accrue to any City employees, and Contractor expressly waives any claim it may have to acquire to such benefits. Contractor agrees to defend and indemnify City for any claims brought by Contractor's employees against City for such benefits. -100- ARTICLE 11. INDEMNITY, INSURANCE, BOND 11.01 General Indemnification. Contractor shall indemnify, defend and hold harmless City, its officials, officers, employees and agents, from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, proceeding or suit, of any and every kind and description, whether judicial, quasi-judicial or administrative in nature including, but not limited to, injury to and death of any person and damage to property or for contribution or indemnity claimed by third parties (collectively, the "Claims"), arising out of or occasioned in any way by, directly or indirectly, City's grant of this Agreement to Contractor, Contractor's breach of its obligations under this Agreement, or Contractor's performance of, or its failure to perform, its obligations under this Agreement. The foregoing indemnity shall not apply to the extent that the Claim is caused solely by the sole negligence or the intentional misconduct of City, its officers, employees or agents, but shall apply if the Claim is caused by the joint negligence of Contractor or other Persons. Upon the occurrence of any Claim, Contractor, at Contractor's sole cost and expense, shall defend (with attorneys reasonably acceptable to City) City, its officers, employees, and agents. Contractor's duty to indemnify and defend shall survive the expiration or earlier termination of this Agreement. Subject to the scope of this indemnification and upon demand of the City, made by and through the City Attorney, Contractor shall protect City and appear in and defend the City, its officials, officers, employees and agents, in any Claims by third parties, whether judicial, quasi-judicial or administrative, including, but not limited to (i) disputes and litigation over the definition of "Municipal Solid Waste", "Recyclable Materials", "Food Scraps" or "Yard Trimmings" (ii) any claim concerning the validity of -101- the granting of this Agreement or any ordinance or action based thereon, as well as the limits of City's authority with respect to the grant of Agreements, including the process for the grant of Agreements, exclusive or otherwise, (iii) involving the collection of Municipal Solid Waste, arising out of the exercise of this Agreement by Contractor, (iv) claims by other entities disputing the rights and privileges granted by City in this Agreement, or (v) as specified under the provisions of Section 11.05 below concerning Hazardous Waste. City and Contractor agree to confer following any trial as to whether to appeal, or to oppose any appeal. Should either City or Contractor decide to appeal, or to oppose appeal, and the other decide not to appeal, or to oppose appeal, the Party which decides to appeal, or oppose appeal, shall bear all fees and costs of the appeal or the opposition to the appeal. It 02 Insurance. 11.02.A Types and Amounts of Coverage. Contractor shall procure from an insurance company or companies licensed to do business in the State of California and shall maintain in force at all times during the Term the following types and amounts of insurance: 11.02.A.1 Workers' Compensation and Employer's Liability. Contractor shall maintain workers' compensation insurance covering its employees in statutory amounts and otherwise in compliance with the laws of the State of California. Contractor shall maintain employer's liability insurance in an amount not less than One Million Dollars ($1,000,000) per accident or disease. Contractor shall not be obligated to carry workers compensation insurance if (i) it -102- qualifies under California law and continuously complies with all statutory obligations to self -insure against such risks; (ii) furnishes a certificate of Permission to Self Insure issued by the Department of Industrial Relations; and (iii) furnishes updated certificates of Permission to Self Insure periodically to evidence continuous self insurance. 11.02.A.2 Comprehensive General Liability (and Automobile Liability). Contractor shall maintain comprehensive general liability insurance with a combined single limit of not less than Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) annual aggregate covering all claims and all legal liability for personal injury, bodily injury, death, and property damage, including the loss of use thereof, arising out of, or occasioned in any way by, directly or indirectly, Contractor's performance of, or its failure to perform, services under this Agreement. The insurance required by this subsection shall include: -103- (i) Premises Operations (including use of owned and non - owned equipment); (ii) Products and Completed Operations (including protection against liability resulting from use of Recyclable Materials by another Person); (iii) Personal Injury Liability with employment exclusion deleted; (iv) Broad Form Blanket Contractual with no exclusions for bodily injury, personal injury or property damage (including coverage for the indemnity obligations contained herein); (v) Owned, Non -Owned, and Hired Motor Vehicles; (vi) Broad Form Property Damage. The comprehensive general liability insurance shall be written on an "occurrence" basis (rather than a "claims made" basis) in a form at least as broad as the most current version of the Insurance Service Office commercial general liability occurrence policy form (CG0001). If occurrence coverage is not obtainable, Contractor shall arrange for "tail coverage" on a "claims made" policy to protect City from claims filed within four years after the expiration or termination of this Agreement relating to incidents that occurred prior to such expiration or termination. Any excess or umbrella policies shall be on a "following form" basis. 11.02.A.3 Pollution Liability. Contractor shall maintain pollution liability insurance to include onsite, under -site and offsite coverage for bodily injury (including death and mental anguish), property damage, regulatory fines, defense costs and cleanup costs with minimum limits of with limits of Five Million Dollars ($5,000,000) each loss and Ten Million Dollars ($10,000,000) in the aggregate covering claims as a result of pollution conditions arising out of its -104- operations under this Agreement. Non -owned Disposal site coverage shall be provided if Contractor is handling, storing or generating Hazardous Waste or hazardous materials or any material or substance otherwise regulated under environmental laws or regulations. 11.02.A.4 Physical Damage. Contractor shall maintain comprehensive (fire and theft) physical damage insurance covering the vehicles and equipment used in providing service to City under this Agreement, with a deductible or self- insured retention not greater than One Hundred Thousand Dollars ($100,000). The deductible limit may be increased by City with acceptable proof of self- insurance. Notwithstanding the foregoing, Contractor shall be allowed to self - insure for physical damage to its vehicles provided Contractor provides adequate audited financial information to City and City is reasonably satisfied that Contractor has the financial net worth to cover any losses. 11.02.6 Acceptability of Insureds. The insurance policies required by this section shall be issued by an insurance company or companies admitted to do business in the State of California, subject to the jurisdiction of the California Insurance Commissioner, and with a rating in the most recent edition of Best's Insurance Reports of size category VIII or larger and a rating classification of A or better. 11.02.0 Required Endorsements. Without limiting the generality of Sections 11.02.A and B, the policies shall contain endorsements making the City and its officers, employees, and agents an additional insured, and shall further contain additional endorsements in substantially the following form: -105- 2. Workers' Compensation and Employers' Liability Policy. "Thirty (30) days prior written notice shall be given to the City of Tustin in the event of cancellation or non -renewal of this policy. Such notice shall be sent to: CITY OF TUSTIN Office of the City Manager 300 Centennial Way Tustin, California 92780 Attention: City Manager "Insurer waives all right of subrogation against City and its officers and employees for injuries or illnesses arising from work performed for City." 3. Comprehensive General Liability Policy; Pollution Liabili Policy. "Thirty (30) days' prior written notice shall be given to the City of Tustin in the event of cancellation, reduction of coverage, or non -renewal of this policy. Such notice shall be sent to: CITY OF TUSTIN Office of the City Manager 300 Centennial Way Tustin, California 92780 Attention: City Manager "This policy shall be considered primary insurance as respects any other valid and collectible insurance maintained by the City of Tustin, including any self-insured retention or program of self-insurance, and any other such insurance shall not be called upon to contribute in any way." "Inclusion of the City of Tustin as an insured shall not affect the City's rights as respects any claim, demand, suit or judgment brought or recovered against the Contractor. This policy shall protect Contractor and the City in the same manner as though a separate policy had been issued to each, but this shall not operate to increase the company's liability as set forth in the policy beyond the amount shown or to which the company would have been liable if only one party had been named as an insured." In addition, all property policies shall contain language, to the extent obtainable on commercially reasonable terms, to the effect that any loss shall be payable -106- notwithstanding any act of negligence of City or Contractor that might otherwise result in the forfeiture of the insurance. 4. Physical Damage Policy. Notice of cancellation, reduction in coverage or non -renewal, as provided in Section 11.02. Cross liability endorsement, as provided in Section 11.02. Waiver of subrogation against City. 11.02.D Delivery of Proof of Coverage. No later than ten (10) calendar days after execution of this Agreement by both parties, Contractor shall furnish City one or more certificates of insurance on a standard ACORD form and required endorsements substantiating that each of the coverages and endorsements required hereunder are in force, in form and substance satisfactory to City. Such certificates shall show the type and amount of coverage, effective dates and dates of expiration of policies and shall be accompanied by all required endorsements. If City requests, copies of each policy, together with all endorsements, shall also be promptly delivered to City in one complete package. Contractor shall furnish renewal certificates to City to demonstrate maintenance of the required coverages throughout the Term. Each year on or before the renewal date for all insurance policies required herein, Contractor shall deliver to City a new package containing all insurance certificates with all of the required endorsements and copies of all insurance policies required by this Agreement. The Contractor shall obtain the written consent of the City's Risk Manager prior to changing insurers providing insurance under this Agreement, which consent shall not be withheld or delayed unreasonably. -107- 11.02.E Other Insurance Requirements. 1. In the event performance of any service is delegated to a subcontractor, Contractor shall require such subcontractor to provide statutory workers' compensation insurance and employer's liability insurance for all of the subcontractor's employees engaged in the work. The liability insurance required by Subsection 11.02.A.2 shall cover all subcontractors or the subcontractor must furnish evidence of insurance provided by it meeting all of the requirements of this Section 11.02. 2. Contractor shall comply with all requirements of the insurers issuing policies. The carrying of insurance shall not relieve Contractor from any obligation under this Agreement, including those imposed by Section 11.01. If any claim is made by any third Person against Contractor or any subcontractor on account of any occurrence related to this Agreement, Contractor shall promptly report the facts in writing to the insurance carrier and to the City. 3. If Contractor fails to procure and maintain any insurance required by this Agreement, City may take out and maintain, at Contractor's expense, such insurance as it may deem proper and deduct the cost thereof from any monies due Contractor. Alternatively, the City may treat the failure as a Contractor Default, and not subject to any applicable cure period. 4. City is not responsible for payment of premiums for or deductibles under any required insurance coverages. 5. The Parties acknowledge that the market for insurance is subject to unforeseeable events which can affect the amount of coverage needed and M pricing therefor. Accordingly, in the event the City's Risk Manager determines that the services under this Agreement create an increased or decreased risk of loss to the City, Contractor agrees that the minimum limits of the insurance policies required by this Section may be changed accordingly upon receipt of written notice from the City's Risk Manager; provided that Contractor shall have the right to appeal a determination of increased coverage to the City Council of City within ten (10) days of receipt of notice from the City's Risk Manager. IL03 Faithful Performance Bond. Not later than ten days after execution of this Agreement by both parties, Contractor shall file with City a bond securing the Contractor's faithful performance of its obligations under this Agreement. The principal sum of the bond shall be Three Million Dollars ($3,000,000). The form of the bond shall be as set out in Attachment L. The bond shall be executed as surety by a corporation admitted to issue surety bonds in the State of California, regulated by the California Insurance Commissioner and with a financial condition and record of service satisfactory to City. The term of the bond shall be not less than twelve (12) months. The bond shall be extended, or replaced by a new bond in the same principal sum, for the same term (i.e., twelve (12) months) and in the same form, annually thereafter. Not less than ninety (90) days before the expiration of the initial bond, the Contractor shall furnish either a replacement bond or a continuation certificate substantially in the form attached as Attachment M, executed by the surety. -109- It is the intention of this Section 11 that there be in full force and effect at all times a bond securing the Contractor's faithful performance of the Agreement, throughout its Term. 11.O4AIternative Security. City may, in its sole discretion, allow Contractor to provide alternative security in the amount set forth in Section 11.03, in the form of (a) a prepaid irrevocable standby letter of credit in form and substance satisfactory to City and approved by the City Attorney and issued by a financial institution acceptable to City, or (b) a certificate of deposit in the name of the City with a term satisfactory to City and with a financial institution acceptable to City. 11.05 Hazardous Waste Indemnification. A. Without regard to any insurance coverage or requirements, and without limiting the above general indemnification obligation in any way, Contractor specifically agrees to and shall, to the maximum extent permitted by law, defend (with counsel acceptable to City) reimburse, indemnify, and hold City and its past and present officers, council members, employees, consultants and agents (hereinafter "Indemnified Parties") harmless from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever kind or nature ("Claims") (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and similar costs, damages and expenses) that arise out of or are alleged to arise out of or in any way relate to any action, inaction or omission of Contractor that: -110- 1. Results in any demand, claim, notice, order, or lawsuit, asserting that any Indemnified Party is liable, responsible or in any way obligated to investigate, assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any Hazardous Waste (as defined herein); or 2. Relates to material collected, transported, recycled, processed, treated or disposed of by Contractor. limitation, to: B. Contractor's obligations pursuant to this section shall apply, without 1. Any Claims brought pursuant to or based on the provisions of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 6901 et seq., the California Hazardous Substances Account Act (California Health & Safety Code Sections 25300 et seq.), the California Hazardous Waste Control Laws (California Health & Safety Code Sections 25100 et seq.), the California Porter -Cologne Act (California Water Code Section 13000 et seq.), and any and all amendments and regulations thereto, and any other Federal, State, regional or local environmental statutory or regulatory provision; 2. Any Claims based on or arising out of or alleged to be arising out of the ownership, use, lease, sale, design, construction, maintenance or operation of Contractor of any facility; -111- 3. Any Claims based on or arising out of or alleged to be arising out of the marketing, sale, distribution, storage, transportation, Disposal, processing or use of any materials recovered by Contractor; 4. Any Claims based on or arising out of or alleged to be arising out of any breach of any express or implied warranty, representation or covenant arising out of or in connection with this Agreement. C. The foregoing indemnity and defense obligations shall apply irrespective of the negligence or willful misconduct of Contractor or any Affiliate of Contractor. D. For purposes of this Agreement, the term "Hazardous Waste" includes, without limitation, any material or substance which is: (i) petroleum or oil or gas or any direct or derivate product or byproduct thereof; (ii) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health & Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (iii) defined as a "hazardous substance" under Section 25316 of the California Health & Safety Code, Division 20, Chapter 6.8 (Hazardous Substance Account Act); (iv) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Sections 25501(p), (q), and (r) and 25501.1 of the California Health & Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (v) defined as a "hazardous substance" under Section 25281 of the California Health & Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous -112- Substances); (vi) "used oil" as defined under Section 25250.1 of the California Health and Safety Code; (vii) asbestos; (viii) listed under Chapter 11 of Division 4.5 of Title 22 of the California Code of Regulations, or defined as hazardous or extremely hazardous pursuant to Chapter 10 of Division 4.5 of Title 22 of the California Code of Regulations; (ix) defined as waste or a hazardous substance pursuant to the Porter -Cologne Act, Section 13050 of the California Water Code; (x) designated as a "toxic pollutant" pursuant to the Federal Water Pollution Control Act, 33 U.S.C. Section 1317; (xi) defined as a "hazardous waste" pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq. (42 U.S.C. § 6903); (xii) defined as a "hazardous substance" pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601, et seq. (42 U.S.C. § 9601); (xiii) defined as "Hazardous Material" pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. Section 5101, et seq.; (xiv) defined as such or regulated by any "Superfund" or "Superlien" law; (xv) any asbestos or asbestos -containing material; (xvi) any chemical which the Governor has identified as a chemical known to the State to cause cancer or reproductive toxicity pursuant to California Health & Safety Code Section 25249.8; (xvii) or any other federal, state or local law, statute, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials and/or oil wells and/or underground storage tanks and/or pipelines, as now, or at any time hereafter, in effect. The term "Hazardous Waste" shall also include any and all amendments to the above - referenced statutory and regulatory provisions made before or after the date of execution of this Agreement. Where there is a conflict in the definitions employed by -113- two or more agencies having jurisdiction over Hazardous Waste, the term "Hazardous Waste" shall be construed to have the broader, more encompassing definition. E. The provisions of this section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of this Agreement. IL06 Integrated Waste Management Act Indemnification. The parties agree that Contractor's implementation of all programs in Attachment B is vital to the City's compliance with the Act. Therefore, Contractor agrees to indemnify and hold harmless the Indemnitees against all fines and/or penalties imposed by CalRecycle and/or the Air Resources Board: (i) based upon Contractor's failure to comply with laws, regulations or permits issued or enforced by CalRecycle, the Air Resources Board or the City; (ii) caused or contributed to by the Contractor's failure to perform its obligations under this Agreement, including, but not limited to, implementation of all programs in Attachment B in the timeframes required. This indemnity obligation is subject to the limitations and conditions in Public Resources Code Section 40059.1 but is enforceable to the maximum extent allowable by that Section. In the event that CalRecycle and/or the Air Resources Board imposes penalties, fees and/or sanctions against City, Contractor shall, in addition to paying the fines and penalties, pay all City's costs and fees for staff time, consultants, attorneys and all other costs of defending and resolving the issue of CalRecycle and/or the Air Resources Board issuing fines, penalties and/or sanctions against City. -114- I LO7Indemnification For Land Application and/or Use(s) of Anaerobic Digestate. In the event City agrees to approve land application of Anaerobic Digestate pursuant to Section 6.04 and/or if Contractor land applies Anaerobic Digestate without City approval, and/or if Contractor sells, donates or otherwise consents to use of Anaerobic Digestate for any purpose, Contractor agrees to indemnify City as follows: A. Without regard to any insurance coverage or requirements, and without limiting the general indemnification obligation contained in this Article 11 in any way, Contractor specifically agrees to and shall, to the maximum extent permitted by law, defend (with counsel acceptable to City) reimburse, indemnify, and hold City and its past and present officers, council members, employees, consultants and agents (hereinafter "Indemnified Parties") harmless from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever kind or nature ("Claims") (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and similar costs, damages and expenses) that arise out of or are alleged to arise out of or in any way relate to any action, inaction or omission of Contractor that: 1. Results in any demand, claim, notice, order, or lawsuit, asserting that any Indemnified Party is liable, responsible or in any way obligated to investigate, assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, -115- any Anaerobic Digestate (as defined in Attachment A) or any constituent, compound, chemical or component contained in Anaerobic Digestate. limitation, to: B. Contractor's obligations pursuant to this section shall apply, without 1. Any Claims brought pursuant to or based on the provisions of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 6901 et seq., the California Hazardous Substances Account Act (California Health & Safety Code Sections 25300 et seq.), the California Hazardous Waste Control Laws (California Health & Safety Code Sections 25100 et seq.), the California Porter -Cologne Act (California Water Code Section 13000 et seq.), and any and all amendments and regulations thereto, and any other Federal, State, regional or local environmental statutory or regulatory provision; C. The foregoing indemnity and defense obligations shall apply irrespective of the negligence or willful misconduct of Contractor or any Affiliate or subcontractor of Contractor. D. The provisions of this section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of this Agreement. -116- ARTICLE 12: COMPENSATION TO CONTRACTOR 12.01 General. Contractor shall perform the services required by this Agreement in consideration for: (i) the right to charge customers the rates set forth on Attachment D as they may be adjusted as provided in this Article, and (ii) the right to retain all revenues, if any, from the sale of Recyclable Materials, Yard Trimmings, Food Scraps, Wood (including revenue from creation, sale and use of energy) and Construction and Demolition Debris. The revenues received from these two sources shall be the full, entire and complete compensation due to Contractor for all labor, equipment, materials and supplies, taxes, insurance, bonds, overhead, profit and all other things necessary to perform all the services required by this Agreement in the manner and at the times prescribed. City shall not be obligated to make any payments to Contractor under this Agreement, including payments to compensate Contractor for delinquent or uncollectible amounts charged to Customers. 12.02 Initial Rates. The rates which Contractor may charge for services provided commencing April 1, 2019 shall be those set forth in Attachment D. These rates shall not be changed for the first fifteen (15) months of the Term, i.e., until July 1, 2020 and shall be quoted as April 2019 dollars. Rates are established to encourage Customers to Divert as much MSW as possible in order to reduce their monthly collection bill, by providing an incentive of fifty -percent (50%) for Diversion of Recyclable Materials, Yard Trimmings/Wood, and Food Scraps compared with the rate for Disposing of such materials as MSW. In the event Contractor is found to be charging any rate that has not been approved by the City, (e.g. charging for a service that City has not established and -117- approved a rate for) Contractor shall, upon realization of this fact or upon receipt of notification from City, refund all non -authorized rate charges to all affected Customers within thirty (30) days. In the event Contractor has charged a higher rate than authorized by the City, the difference between the rate charged and the City -approved rate amount shall be refunded. In the event Contractor has charged a lower rate than authorized by the City, Contractor shall not charge the Customer for the difference between the rate charged and the City -approved rate; however, Contractor shall notify the Customer and give the Customer the option to continue to receive the service at the City -approved rate, or to arrange for a different service or level of service. In such event, Contractor shall assist the Customer in selecting the most cost-effective service level and City -approved rate available. Upon City request, Contractor shall provide City with a summary of all instances of non -City- approved rates being charged, and the refunds or other adjustments made for Customers. If there is a service that Contractor believes it is required to provide and for which there is no City -approved rate in Attachment D, Contractor shall notify City. The City may, in its sole discretion, establish a rate for the new service, following completion of any proceedings required under Article 13D, Section 6, of the California Constitution or other applicable law. Unless and until City establishes a rate for such service, Contractor shall not provide nor charge for the service. City shall have no obligation or duty to establish a rate for such service. 12.03 Annual Rate Adjustments. The rates for service as set forth in Attachment D shall be adjusted as of July 1, 2020 and as of July 1 for each ensuing year of the Term -118- (including any extensions pursuant to Section 6.08) in accordance with Attachment J, following completion of the proceedings required under Article 13D, Section 6 of the California Constitution, and contingent upon the City not receiving a majority protest against the rate increase as part of such proceedings. Contractor shall be responsible for printing and distribution by first-class mail of required legal notices of proposed and actual annual rate adjustments, at Contractor's sole cost. Notices shall be mailed to all Customers and property owners. Content of the notices shall be submitted to City for approval at least seven (7) days prior to mailing or City may choose to provide the content and layout of the notice to Contractor. In that event, Contractor shall promptly have the notice set up for final printing, proofed, printed and mailed within fifteen (15) days of receipt of the notice content from City. If City provides the content for the notice, Contractor shall utilize the content of such notices as provided by City. City shall make the determination if such notice may be included on or with Contractor's regular bills to Customers or whether a separate mailing is required. The decision of the City shall be final. The parties recognize that rates established under this Contract may be considered fees or charges for property -related services pursuant to California Constitution Article 13.D. The City intends to comply with the requirements of that Article when adjusting rates, including, but not limited to, those rates set forth in Attachment D. If a proposed rate adjustment may not be enacted as a result of a protest pursuant to Article 13.D, Section 6, or if rates in effect are reduced as a result of an initiative measure authorized by Article 13.C, Section 3, the City's inability to increase or maintain the rates as contemplated shall not constitute a breach of this -119- Contract. The parties shall promptly meet and confer in good faith to determine how best to respond to such an occurrence. 12.04 Disposal Charge (Tip Fee) Adjustments. If the tip fee charged at Orange County Landfills (or whatever City designated Disposal Site is then in use) is changed (increased or decreased) for whatever reason including, but not limited to, new or increased taxes or regulatory fees, the Disposal portion of the rates shall be adjusted according to the instructions provided in Attachment J, following completion of the proceedings required under Article 13D, Section 6 of the California Constitution, and contingent upon the City not receiving a majority protest against the rate increase as part of such proceedings. Disposal Charges are a pass-through cost and Contractor shall not be entitled to receive or charge any profit, markup, overhead or administrative costs on Disposal Charges. 12.05 State Mandated Regulatory Compliance Costs. In order to offset the City's costs in administering this Agreement in order to meet state -mandated requirements for Diversion and program implementation including, but not limited to, planning, monitoring, and implementation of additional Diversion programs, additional public education on Diversion programs, technical consulting assistance on solid waste, recycling and other related issues, preparation of any studies required by the City or by CalRecycle related to compliance with the Act, preparation of required reports and documentation under the Act, monitoring of Contractor's performance under this Agreement, and any other City costs related to compliance with the Act, Contractor shall pay to the City Two Hundred Nine Thousand, Eight Hundred Sixty -Eight Dollars ($209,868.00) per year. Contractor shall remit one -twelfth on this amount to City on a -120- monthly basic, within 30 days of the end of the calendar month for which the amount is being paid. The State -Mandated Regulatory Compliance Costs shall be adjusted annually by City and the new amount will be included in the annual rate adjustment described in Section 12.03. Acceptance by the City of any payment due under this paragraph shall not be deemed to be a waiver by the City of any breach of this Agreement. In case of a dispute between the City and Contractor regarding any amounts due, Contractor shall pay the undisputed portion of the amount claimed by the City as due and notify the City in writing at the time of payment as to any payment that is paid under protest, specifying the basis of its claim of overpayment. In addition, City may, in its sole discretion, increase or decrease the amount of the State -Mandated Regulatory Compliance Costs at any time during the Term, by approving a commensurate adjustment in the rates set forth in Attachment D that is separate from the adjustments described in Sections 12.03, 12.04, 12.07 and 12.08. If City chooses to adjust the amount of the State -Mandated Regulatory Compliance Costs in this manner City shall notify Contractor in writing of the amount of the change, and the effective date of the change. 12.06 Adjustments to Rates Based on City -Directed Changes /n Scope of Work. If the City has directed a change in the scope of work under Section 4.13 and either party believes that such change will increase or decrease the costs of providing service, the party which believes the rates should be adjusted shall, within thirty (30) calendar days after issuance of the notice of scope change, submit to the other party a proposed adjustment with complete supporting documentation of the cost calculations therein, and the parties shall thereafter meet and discuss the matter. City may request -121- additional documentation, calculations and other information from Contractor in order to analyze information submitted by Contractor, or in order to make its own internal calculations of the cost change. Once the parties have formulated a cost adjustment, the City Council shall review the proposed adjustment and in the City Council's sole discretion, make the determination as to the appropriate amount of the adjustment. Only changes in Contractor's costs will be considered. No adjustment will be made to Contractor's compensation due to loss or reduction in any of the following: (a) Contractor's profits, (b) Contractor's revenues including, but not limited to, Processing Fees at a Contractor -owned and/or Contractor -operated Processing Facility; revenues from sale of Recyclable Materials, Compost, Wood, and/or Processed Construction and Demolition Debris; revenues from sale of energy and/or other products produced at an Anaerobic Digestion Facility or received from sale or use of Engineered Feedstock. NOTE: The work to be performed by Contractor, including the scope of work in Attachment B, includes optional tasks and programs that City, in its sole discretion, may choose to implement during the Term. Contractor has provided City with rates (in Attachment D) to be charged to Customers for all of the optional tasks and programs in Attachment B. If City chooses to implement any of those program(s), the provisions of this Section 4.13 and this Section 12.06 shall not apply. Instead, the rate(s) for said program(s) shall be adjusted for the passage of time as described in Attachment J, following completion of the proceedings required under Article 13D, Section 6 of the California Constitution, and contingent upon the City not receiving a majority protest against the rate increase as part of such proceedings. The revenue from such rates, plus the revenue from sale of any Recyclable Materials, Diverted materials and any -122- energy produced shall constitute the full and complete compensation to Contractor for implementing such program(s). 12.07 Late Fees. If the monthly Contractor payment of State -Mandated Regulatory Compliance Costs is not paid on time as described in Section 12.05 the Contractor shall pay City a late fee, and not as interest, in an amount equal to ten percent (10%) of the amount owing for that month. Contractor shall pay an additional ten percent (10%) late fee for each additional thirty (30) day period that any amount of the Agreement Fee or both, remains unpaid. Contractor agrees that the late fees described herein reasonably reflect the City's costs to process delinquency calculations and notices, and to monitor the Contractor's services, all in an effort to collect delinquent payments which, together with all other remedies afforded City under this Agreement (including any award of attorney's fees and costs), and in accordance with applicable laws, are intended to compensate City in any collection efforts in the event of Contractor's default in the payment of the State -Mandated Regulatory Compliance Costs. 12.08 Other Fees. The City shall have the right to establish other fees and to collect such fees from Contractor, as City deems necessary in City's sole discretion. The amount, time and method of payment will be established similar to that described in Section 12.05. City shall provide Contractor with written notice of the establishment of any new fees along with the corresponding change in rates and remittance schedule. -123- ARTICLE 13: DEFAULT AND REMEDIES 13.01 Events of Default. Each of the following shall constitute an event of default ("Contractor Default") hereunder: A. (i) Contractor fails to perform its obligations under Articles 4, 5, 6 or 7 of this Agreement and the failure to perform is not cured within two (2) business days after receiving notice from the City specifying the breach; or (ii) in the case of any other breach of this Agreement, the breach continues for more than fifteen (15) calendar days after written notice from the City for the correction thereof. B. There is a seizure or attachment of, or levy affecting possession of, the operating equipment of Contractor, including without limitation, its vehicles, maintenance or office facilities, of such proportion as to substantially impair Contractor's ability to perform under this Agreement, and which is not released, bonded or otherwise lifted within two (2) business days. C. There is any termination or suspension from any cause (including labor unrest such as strike, work stoppage or slowdown, sickout, picketing, or other concerted job action) of the Contractor's ability to collect MSW, Recyclable Materials, Yard Trimmings, Food Scrap or Construction and Demolition Debris for more than five (5) business days. D. Contractor files a voluntary case for debt relief under any applicable bankruptcy, insolvency, debtor relief, or other similar law now or hereafter in effect, or shall consent to the appointment of or taking of possession by a receiver, liquidator, -124- assignee, trustee, custodian, sequestrator (or similar official) of Contractor for any part of Contractor's operating assets or any substantial part of Contractor's operating assets or any substantial part of Contractor's property used to provide service to City pursuant to this Agreement, or shall make any general assignment for the benefit of Contractor's creditors, or shall fail generally to pay Contractor's debts as they become due or shall take any action in furtherance of any of the foregoing. E. A court having jurisdiction enters a decree or order for relief in respect of the Agreement, in any involuntary case brought under any bankruptcy, insolvency, debtor relief, or similar law now or hereafter in effect, or Contractor consents to or fails to oppose any such proceeding, and such proceeding shall remain undismissed or unstayed for a period of ninety (90) days or any such court enters a decree or order appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of the Contractor or for any part of the Contractor's operating equipment or assets, or orders the winding up or liquidation of the affairs of the Contractor. F. Contractor fails to timely furnish an initial bond, or fails to furnish a replacement bond or a continuation certificate of the existing bond prior to expiration of the performance bond, as required by Section 11.03 of the Agreement, or Contractor fails to maintain all required insurance coverages in force at all times. The default shall occur immediately upon such failure without any necessity for notice from City of the breach. City shall have the right to give notice of termination under Section 13.02 immediately upon such default. Notwithstanding any other provision of this Agreement -125- to the contrary, Contractor shall not be entitled to an opportunity to cure any default comprising the failure to maintain all required insurance and/or the required bond. G. Contractor fails to provide reasonable assurance of performance required under Section 14.10. H. A representation or warranty contained in Article 2 proves to be false or misleading in a material respect as of the date such representation or warranty was made. I. Contractor falsifies tonnage reports or provides information that is materially misleading in any report or documentation provided to the City. J. Contractor fails to honor any of its indemnity obligations herein. K. Contractor, or any of its officers or employees is convicted of a felony in connection with performance of this Agreement. L. Contractor is found to have violated the Act, any Environmental Law, or any permit, order or rule of any regulatory agency in connection with Contractor's performance of this Agreement and such finding has become final and not subject to further appeal. 13.02 Right to Suspend or Terminate Upon Default A. Upon any Contractor Default, City shall have the right to suspend or terminate this Agreement, in whole or in part. Such suspension or termination shall be effective thirty (30) days after City has given notice of suspension or termination to -126- Contractor, except that such notice may be effective immediately if the Contractor Default is one which endangers the health, welfare or safety of the public. Notice may be given orally in person or by telephone to the representative of Contractor designated in or under Section 14.06 (or, if he/she is unavailable, to a responsible employee of Contractor) and shall be effective immediately. Written confirmation of such oral notice of suspension or termination shall be sent by personal delivery, facsimile, or other expedited means of delivery to Contractor within twenty-four (24) hours of the oral notification. Contractor shall continue to perform the portion of the Agreement not suspended, in full conformity with its terms. B. City will also have the right to suspend or terminate this Agreement, upon the same notice provisions, if Contractor's ability to perform is prevented or materially interfered with by a cause which excuses nonperformance under Section 14.12, despite the fact that nonperformance in such a case is neither a breach nor default by Contractor. 13.03 Specific Performance. By virtue of the nature of this Agreement, the urgency of timely, continuous and high-quality service, the lead time required to effect alternative service, and the rights granted by City to Contractor, the remedy of damages for a breach hereof by Contractor is inadequate, and the City shall be entitled to injunctive relief to require Contractor to perform its obligations herein. 13.04 Use of Contractor Property Upon Default. In the event that Contractor fails to perform any of its obligations under Articles 4, 5, 6 or 7 and fails to perform such work within two (2) business days after notice from City, City shall have the right to use any of -127- Contractor's land, equipment, facilities and other property reasonably necessary for the provision of services hereunder and the billing and collection of fees for those services. The City shall have the right to continue use of such property until other suitable arrangements can be made for the provision of such services, which may include the award of a contract to another service provider. 13.05 Right to Perform. If this Agreement is suspended and/or terminated due to a Contractor Default, City shall have the right to perform and complete, by contract or otherwise, the work herein or such part thereof as it may deem necessary and to procure labor, equipment, and materials and incur all other expenses necessary for completion of the work and services provided for herein. If such expenses exceed the amounts which would have been payable to Contractor under this Agreement if it had been fully performed by Contractor, then Contractor shall pay the amount of such excess to City. 13.06 Payment for Use of Contractor's Property. If the City invokes its rights to use Contractor's equipment, facilities, and other property pursuant to Section 13.04, and such use continues after the period of time for which Contractor has already been paid, Contractor shall be entitled to the reasonable rental value of such property, which shall be offset against the damages due the City as a result of Contractor's Default. Contractor agrees that it will fully cooperate with the City to effect the City's use of such property. The City may immediately engage all or any personnel necessary for the provision of services, including, if the City so desires, employees previously employed by Contractor. Contractor further agrees, if the City so requests, to assist the City in securing the services of any or all management or office personnel employed by -128- Contractor whose skills are reasonably necessary for the continuation of services. The City agrees that it assumes complete responsibility for the proper, normal use of such equipment and facilities while in its possession. Contractor agrees that the City's exercise of its rights under this section: (i) does not constitute a taking of private property for which compensation must be paid; (ii) will not create any liability on the part of the City to Contractor other than the payment of reasonable rental value as provided for in this subsection; (iii) does not exempt Contractor from the indemnity provisions of Article 11 which are meant to extend to circumstances arising under this Section. 13.07 Damages. Contractor shall be liable to City for all direct and consequential damages arising out of Contractor's Default. This section is intended to be declarative of existing California law. The City may offset such damages against sums which would otherwise be due to Contractor. 13.08 City's Remedies Cumulative. City's rights to suspend or terminate the Agreement under Section 13.02, to obtain specific performance under Section 13.03, to cure under Section 13.04 and to perform under Section 13.05 are not exclusive, and City's exercise of one such right shall not constitute an election of remedies. Instead, they shall be in addition to any and all other legal and equitable rights and remedies that the City may have, including a legal action for damages, including incidental, consequential and/or special damages under Section 13.07. 13.09 Liquidated Damages. The parties acknowledge that consistent, courteous and efficient Collection of MSW, Recyclable Materials, Yard Trimmings and Construction and Demolition Debris is of utmost importance and City has considered and relied on Contractor's representations as to its quality of service commitment in entering into this -129- Agreement. The parties further recognize that quantified standards of performance are necessary and appropriate to ensure consistent and reliable service. The parties further recognize that if Contractor fails to achieve the performance standards, City and its residents will suffer damages and that it is and will be impracticable and extremely difficult to ascertain and determine the exact amount of damages that City will suffer. Therefore, the parties agree that the following liquidated damage amounts represent a reasonable estimate of the amount of such damages considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to City that reasonably could be anticipated and anticipation that proof of actual damages would be costly or inconvenient. In placing their initials at the places provided, each party specifically confirms the accuracy of the statements made above and the fact that each party had ample opportunity to consult with legal counsel and obtain an explanation of this liquidated damage provision at the time that this Agreement was made. Contractor Initial Here: City Initial Here: Contractor agrees to pay to City (as liquidated damages and not as a penalty) the amount set forth below, all of which shall be adjusted upward annually using the procedure and calculations set forth in Section 12.03 herein and Attachment J: A. Collection Reliability. 1. For each failure to commence service to a new customer account within seven calendar (7) days after order, in excess of five (5) such failures annually........... $150.00 2. For each failure to collect MSW, Recyclable Materials, or Yard Trimmings which has been properly set out -130- for Collection, from an established customer account, on the scheduled Collection day, in excess of five (5) such failures annually.. .................................................. $1000.00 3. For each failure to collect MSW, Recyclable Materials, or Yard Trimmings which has been properly set out for Collection, from the same customer on two (2) consecutive scheduled pick up days.. .............................. $150.00 4. For each instance of collecting MSW, Recyclable Materials, Yard Trimmings, Food Scraps or Construction and Demolition Debris outside of collection hours described in Section 4.09.........................................................................$150.00 B. Collection Quality. 1. For each occurrence of damage to private property which is not corrected to the satisfaction of the property owner within thirty (30) days and which exceed five (5) such occurrences annually.. .................... $250.00 2. For each failure to properly return any empty container to avoid pedestrian or vehicular traffic impediments or to place any Cart in an upright position with lid securely closed, in excess of five (5) such occurrences annually.. ............................................ $150.00 3. For each occurrence of discourteous behavior to a customer.......................................................................... $250.00 4. For each occurrence of excessive noise.. ........................ $500.00 5. For each failure to clean up MSW, Recyclable Materials or Yard Trimmings spilled from Containers, within the prescribed timeframe, in excess of five (5) such failures annually.. .................................................... $150.00 6. For each occurrence of collecting MSW, Recyclable Materials or Yard Trimmings during unauthorized hours, in excess of five (5) such occurrences annually.. ......................................................................... $500.00 7. For each failure to conform to the requirements of Sections 7.03.D.2, Cleaning; 7.03.D.3, Painting; 7.03.D.4, Maintenance; 7.03.D.8, Brake Inspections; 7.03.E, Operation; 7.04.E, Cleaning, Painting and -131- Maintenance of Contractor -Furnished Containers; 7.05.13, Driver Qualifications; and 7.05.C, Uniforms, which exceed in any one or a combination of categories above five (5) such occurrences annually:.... $150.00 C. Responsiveness to Customer. 1. For each failure to initially respond to a customer complaint within eight (8) working hours :........................ $100.00 2. For each failure to carry out responsibilities for establishing service:....................................................... $500.00 3. For each failure to conform to the litter abatement requirements of Section 4.11 :......................................... $250.00 4. For each failure to prepare recycling plan per Section 3.4.2 of Attachment B within 7 days of Customer or Cityrequest..................................................................... $100.00 5. For each failure to deliver a Container on or before the requested and Contractor -confirmed date for any Diversion program.. ............................ $250.00 per day/Container 6. For each failure to establish a collection route schedule for any Diversion Program Container and/or failure to Collect a Container for any Diversion program :............................................ $250.00 per day/Container D. Timeliness of Submissions to City. Any report required to be submitted to City by Contractor pursuant to this Agreement shall be considered late until such time as a correct and complete report is received by City. For each calendar day a report is late, the daily liquidated damage amount shall be: -132- 1. Monthly report .................................................... $100.00 per day 2. Quarterly report .................................................. $250.00 per day 3. Annual report ..................................................... $500.00 per day 4. Annual Diversion Report including calculations and supporting documentation ............................... $100.00 per day E. Accuracy of Billing. Each customer billing that is not prepared in accordance with City's approved schedule of rates.. ................................... $250.00 F. Recycling Coordinators and City Liaison. Each day City does not receive services of two (2) Recycling Coordinators (excluding coordinators holiday, vacation and sick leave days) including any day that City determines that either of the Recycling Coordinators is performing work for any entity that is unrelated to the duties of the coordinator described herein.. ............................. $500.00 Each day City does not receive services of the City Liaison (excluding City Liaison's holiday, vacation and sick leave days) including any day that City determines that the Liaison is performing work for any entity that is unrelated to the duties of the City Liaison described herein.. ..................................................................................... $500.00 G. Alternative Fuel Vehicles. Each day Contractor fails to have in service Alternative Fuel Vehicles as required by Article 7.. .................................... $500.00 H. Compliance Reporting Audit. Each day, after the due date on City invoice, Contractor fails to reimburse City for audit as described in Section 9.05B........................................................................................ $250.00 -133- City may determine the occurrence of events giving rise to liquidated damages through the observation of its own employees, agents or representatives or through investigation of customer complaints. Prior to assessing liquidated damages, City shall give Contractor notice of its intention to do so. The notice will include a brief description of the incident(s)/non- performance. Contractor may review (and make copies at its own expense) all non - confidential information in the possession of the City relating to incident(s)/non- performance. Contractor may, within ten (10) days after receiving the notice, request a meeting with the City Manager or his or her designee. Contractor may present evidence in writing and through testimony of its employees and others relevant to the incident(s)/non-performance. The City Manager or his or her designee will provide Contractor with a written explanation of his or her determination on each incident(s)/non-performance prior to authorizing the assessment of liquidated damages. The decision of the City Manager or his or her designee shall be final. I. Amount. The City may assess liquidated damages for each calendar day or event, as appropriate, that Contractor is determined to be liable in accordance with this Agreement. J. Payment. Contractor shall pay any liquidated damages assessed by City within ten (10) days after they are assessed. City's right to recover liquidated damages for Contractor's failure to meet the service performance standards shall not preclude City from obtaining equitable relief for -134- persistent failures to meet such standards nor from terminating the Agreement for such persistent failures. 13.10 City Default. City shall be in default under this Agreement ("City Default") in the event City commits a material breach of the Agreement and fails to cure such breach within thirty (30) days after receiving notice from the Contractor specifying the breach, provided that if the nature of the breach is such that it will reasonably require more than thirty (30) days to cure, City shall not be in default so long as City promptly commences the cure and diligently proceeds to completion of the cure. In the event of a City Default Contractor shall continue to perform all of its obligations hereunder until a court of competent jurisdiction has issued a final judgment declaring that there is a City Default. -135- ARTICLE 14: OTHER AGREEMENTS OF THE PARTIES 14.01 Compliance with Law; Non Discrimination. In providing the services required under this Agreement, Contractor shall at all times comply with all applicable laws of the United States, the State of California and City, with all applicable rules and regulations promulgated by federal, state, regional or local administrative and regulatory agencies, now in force and as they may be enacted, issued or amended during the Term and with all permits affecting the services to be provided. Contractor shall not discriminate nor permit discrimination against any Person in a manner prohibited by federal or state law. 14.02 Assignment Contractor acknowledges that this Agreement involves rendering a vital service to the City's residents and businesses, and that the City has selected Contractor to perform the services specified herein based on: (i) Contractor's experience, skill and reputation for conducting their operations in a safe, effective and responsible fashion, and (ii) Contractor's financial resources to maintain the required equipment and services and to support its indemnity obligations to the City under this Agreement. The City has relied on each of these factors, among others, in choosing Contractor to perform the services to be rendered by Contractor under this Agreement. 14.02.A City Consent Required. Contractor shall not assign its rights or delegate or otherwise transfer its obligations under this Agreement to any other Person (including an Affiliate) without the prior written consent of City. Any such assignment made without the consent of City shall be void and the attempted assignment shall constitute a Contractor Default. The decision of the City as to whether or not to agree to the assignment shall be final. -136- 14.02.6 Assignment Defined. For the purpose of this Section, "assignment" shall include, but not be limited to: (i) a sale, exchange or other transfer to a third party of substantially all of Contractor's assets dedicated to service under this Agreement; (ii) a sale, exchange or other transfer of outstanding common stock of Contractor, to a third party which results in a change of control of Contractor; (iii) any dissolution, reorganization, consolidation, merger, re -capitalization, stock issuance or reissuance, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction which results in a change of ownership or control of Contractor; (iv) any assignment by operation of law, including insolvency or bankruptcy, an assignment for the benefit of creditors, a writ of attachment for an execution being levied against this Agreement, appointment of a receiver taking possession of Contractor's property, or transfer occurring in the event of a probate proceeding; and (v) any combination of the foregoing (whether or not in related or contemporaneous transactions) which has the effect of any such transfer or change of ownership, or change of control of Contractor. 14.02.0 Consent Requirements. If Contractor requests City's consideration of and consent to an assignment, City may deny or approve such request in its complete discretion. No request by Contractor for consent to an assignment need be considered by City unless and until Contractor has met the following requirements: 1. Contractor shall undertake to pay City its reasonable expenses for consultants, attorneys' fees and investigation costs necessary to investigate the suitability of any proposed assignee, and to review and finalize any documentation required as a condition for approving any such assignment; -137- 2. Contractor shall furnish City with audited financial statements of all of the proposed assignee's operations for the immediately preceding three (3) operating years; 3. Contractor shall furnish City with satisfactory proof: (i) that the proposed assignee has at least ten (10) years of solid waste/recycling collection and management experience on a scale equal to or exceeding the scale of operations conducted by Contractor; (ii) that in the last five (5) years, the proposed assignee has not been the subject of any administrative or judicial proceedings initiated by a federal, state or local agency having jurisdiction over its operations due to an alleged failure to comply with federal, state or local laws or that the proposed assignee has provided City with a complete list of such proceedings and their status; (iii) that the proposed assignee conducts its operations in a safe and environmentally conscientious manner, in accordance with sound solid waste and recycling management practices in full compliance with all federal, state and local laws regulating the Collection and Disposal of MSW, Recyclable Materials, Food Scraps, Yard Trimmings and Construction and Demolition Debris and all Environmental Laws; (iv) of any other information required by City to ensure the proposed assignee can fulfill the terms of this Agreement in a timely, safe and effective manner. 14.03 Subcontracting. Contractor shall not engage any subcontractors to perform any of the services required of it by this Agreement without the prior written consent of City. Contractor shall notify the City no later than ninety (90) days prior to the date on which it -138- proposes to enter into a subcontract. City may approve or deny any such request in its sole discretion. Contractor may, in cases of emergency, engage subcontractors for up to seven (7) consecutive calendar days. Contractor shall give prompt notice to City of any such emergency subcontracting and any such engagement must be approved by City in writing if it is to extend beyond seven (7) calendar days, or if Contractor wishes to renew it after an interval of less than thirty (30) calendar days. 14.04 No Affiliated Entity. Contractor will not form or use any Affiliated Entity to perform any of the services or activities which Contractor is required or allowed to perform under this Agreement, other than as a subcontractor approved by City under Section 14.03. 14.05 Contractor's Investigation; No Warranties by City. Contractor has made an independent investigation, satisfactory to it, of the conditions and circumstances surrounding the Agreement and the work to be performed by it, and the Recycling, Source Reduction and other Diversion programs now in effect in the City. Contractor has carefully reviewed the information in the Request for Proposals and Addenda, if any, and the Source Reduction and Recycling Element adopted by the City under the Act. While City believes that the information contained in the Request for Proposals and any Addenda is substantially correct, City makes no warranties in connection with this Agreement, including but not limited to the accuracy or completeness of the information contained in the Request for Proposals and Addendums [fill in Addendum -139- Nos. here]. The City also expressly disclaims any warranties, either express or implied, as to the merchantability or fitness for any particular purpose of Recyclable Materials, Yard Trimmings, Wood, Food Scraps and Construction, Demolition Debris and all other materials to be Collected pursuant to this Agreement. 14.06 Notice. All notices, demands, requests, proposals, approvals, consents and other communications which this Agreement requires, authorizes or contemplates shall, except as provided in Section 13.02, be in writing and shall either be personally delivered to a representative of the parties at the address below or be deposited in the United States mail, first class postage prepaid (certified mail, return receipt requested), addressed as follows: If to City: City Manager City of Tustin 300 Centennial Way Tustin, California 92780 with a copy to the Tustin City Attorney at the same address If to Contractor: A notice given in accordance with this Section may change the address to which communications may be delivered from time to time. 14.07 Representatives of the Parties. 14.07.A Representatives of City. References in this Agreement to "City" shall mean the Tustin City Council and all actions to be taken by City shall be taken by the City Council except as provided below. The City Council may delegate, in writing, -140- authority to the City Manager, and/or to other City officials and may permit such officials, in turn, to delegate in writing some or all of such authority to subordinate officers. Contractor may rely upon actions taken by such delegates if they are within the scope of the authority properly delegated to them. 14.07.6 Representatives of Contractor. Contractor shall, by the Effective Date, designate in writing a responsible officer who shall serve as the representative of Contractor in all matters related to the Agreement and shall inform City in writing of such designation and of any limitations upon his or her authority to bind Contractor. City may rely upon action taken by such designated representative as actions of Contractor unless they are outside the scope of the authority delegated to him/her by Contractor as communicated to City. 14.08 Right to Inspect Contractor Operations. City shall have the right, but not the obligation, to observe and inspect all of the Contractor's operations under this Agreement. In addition, upon reasonable notice and without interference with Contractor's operations, City may review and copy any of Contractor's operational and business records related to this Agreement. If City so requests, Contractor shall make specified personnel available to accompany City employees on inspections and shall provide electronic copies of records stored in electronic media. 14.09 Maintenance and Review of Records, Submission of Reports. Contractor shall compile, on a daily basis, accurate records of its operations in sufficient detail to allow for accurate determinations of all matters that require periodic determination under this Agreement. City shall have the right during regular business hours to review and -141- make copies of (at City's expense) any documents relevant to this Agreement, including, but not limited to, Contractor's billing and collection records, tonnage reports, route lists, maps and records maintained in electronic, magnetic and other media. Contractor shall prepare and submit complete, accurate and timely reports on forms provided or approved by City as described in Attachment K. 14.10 Right to Demand Assurances of Performance. If Contractor: (i) persistently suffers the imposition of liquidated damages under Section 13.09; (ii) is the subject of any labor unrest including work stoppage or slowdown, sickout, picketing or other concerted job action; (iii) appears in the reasonable judgment of City to be unable to regularly pay its bills as they become due; or (iv) is the subject of a civil or criminal proceeding brought by a federal, state, regional or local agency for violation of an Environmental Law, City may, at its option and in addition to all other remedies it may have, demand from Contractor reasonable assurances of timely and proper performance of this Agreement, in such form and substance as the City may require. 14.11 Contractor Failure to Achieve Minimum Required Level of Diversion Program Implementation. Pursuant to Public Resources Code Section 40105 and California Code of Regulations Title 14, Division 2, Chapter 5, Subchapter 8, City designates Contractor as City's "Authorized Recycling Agent" for purposes of receiving payments for Contractor -Collected Recyclable Materials including but not limited to California Redemption Value payments. However, the parties acknowledge and agree that it is of vital importance to City that the Diversion programs described in Attachment B be implemented in a timely manner in order for City to remain in compliance with all requirements of the Act. Therefore, the following shall apply in the event Contractor -142- fails to achieve the minimum required levels of Diversion program implementation described herein. 14.11.A Minimum Level of Diversion Program Implementation Required By March 31, 2021. The minimum required level of program implementation that must be completed by Contractor on or before March 31, 2021 includes implementation of the AB 341 and AB 1826 Diversion programs as follows: 1. AB 341 Diversion Program. Contractor must have fully implemented an AB 341 Single Stream and/or Single Material Recyclables Diversion program at a minimum of seventy-five percent (75%) of each of the following types of Customers within: (a) Multi -Family, (b) Commercial and Business Establishments, and (c) Gated Developments, HOA's and Mobile Home Parks with centralized Bin/Cart/Compactor/Roll Off service as described in Section 2.03.2.1 (Multi -Family), Section 3.5.4 (Commercial and Business Establishments), and Section 2.3.6 (Gated Developments, HOA's and Mobile Home Parks. For example, Contractor must have fully implemented an AB 341 Single Stream and/or Single Material Recyclables Diversion program at a minimum of seventy-five percent (75%) of all Multi -Family complexes within City, at a minimum of seventy-five percent (75%) of all Commercial and Businesses Establishments, and at a minimum of seventy-five percent of all Gated Developments, HOA's and Mobile Home Parks. 2. AB 1826 Diversion Programs. Contractor must have fully implemented an AB 1826 Food Scrap Diversion program at a minimum of seventy-five percent -143- (75%) of all Commercial and Business Establishments as described in Section 3.3.2 of Attachment B. During the period January 1 through March 31, 2021, City will evaluate Contractor's performance to determine whether or not the minimum level of Diversion program implementation has been achieved. City will review the Red/Green Tracking Spreadsheet, time and work logs of the Recycling Coordinators, all the Monthly, Quarterly, and Annual Reports listed in Attachment K, submitted by Contractor up to and including the Monthly Report for March 2021. City may also conduct site visits at Customers' Premises to determine whether Contractor has achieved the minimum required Diversion program implementation. If Contractor fails to achieve the minimum level of program implementation, as described herein, (a) Contractor forfeits its opportunity to earn the Phase 1 Extension Incentive described in Section 6.09 A of the Agreement, and (b) Contractor shall pay the City's costs of hiring one or more third parties including but not limited to, consultants, part-time employees, and/or other Persons as determined by City (hereinafter referred to as "City's agents"), to implement said programs. On or before May 1, 2021 City will notify Contractor as to whether or not Contractor has achieved the minimum required minimum level of Diversion Program implementation. In the event Contractor has not met the minimum required level of implementation, City may retain the services of one or more Persons as described herein, to complete implementation of the Diversion programs until one -hundred percent of the AB 341 and AB 1826 Diversion Programs are fully implemented. In such event -144- Contractor shall reimburse City on a monthly basis for the work performed by such Persons to implement the Diversion programs. City will invoice Contractor for this expense and Contractor shall pay said invoices within thirty (30) days of receipt. Contractor shall cooperate with City and the Persons retained and used by City to implement Diversion programs. Such cooperation shall include sharing information and data on Customers with City and its agents, providing Containers for Recyclable Materials, Yard Trimmings/Wood, Food Scraps and any other Divertable Materials in a timely manner as described in the Agreement including Attachment B, Collecting Containers of Divertable Materials on the schedule agreed upon with the Customer and City and/or City's agents, and processing the Collected materials at the City -approved Processing Facilities listed in Article 5. Contractor shall not impair, impede or in any way frustrate or otherwise interfere with the actions or efforts of City and/or City's agents to successfully complete all steps to fully implement the required Diversion programs as described herein. As Diversion programs are implemented by City's Agents, City's Agents will monitor and troubleshoot said programs and provide additional training, education, and site visits for the initial ninety (90) day period following program startup. At the end of the ninety (90) day period, City's agents will transfer responsibility for all aspects of the fully implemented program to Contractor. Contractor shall fully maintain each fully implemented program at the Customer's Premises from that point forward, including completing any and all applicable steps described in Section 3.3.4 of Attachment B. -145- Contractor shall continue to pay for the work of City's agents until all of the following conditions have been met: (a) The City's agents have implemented the remaining AB 341 and AB 1826 Diversion programs at one -hundred percent (100%) of all Customers, (b) City's agents have transferred responsibility for all aspects of each implemented program to Contractor, and (c) Contractor is fully maintaining each implemented program as described in Section 3.3.4 of Attachment B. At such point, City shall notify Contractor in writing and shall submit any final invoice(s) for the work of City's agents to Contractor for payment. 14.11.13 Minimum Level of Diversion Program Implementation Required By March 31, 2024. If Contractor fails to achieve the minimum level of program implementation, as described herein, (a) Contractor forfeits its opportunity to earn the Phase 2 Extension Incentive described in Section 6.09 B of the Agreement, and (b) Contractor shall pay the City's costs of hiring one or more third parties including but not limited to, consultants, part-time employees, and/or other Persons as determined by City (hereinafter referred to as "City's agents"), to implement said programs. The minimum required level of program implementation that must be completed by Contractor on or before March 31, 2024 includes implementation of the AB 341 and AB 1826 Diversion programs as follows: 1. SB 1383 Multi -Family Food Scrap Diversion Program. Contractor must have fully implemented an SB 1383 Multi -Family food Scrap Diversion program at a minimum of seventy-five percent (75%) of (a) all Multi -Family complexes (as the Multi -Family Food Scrap program is described in Section 2.3.5.3.3 of -146- Attachment B), and (b) at a minimum of seventy-five percent (75%) of all Gated Developments, HOA's and Mobile Home Parks with centralized Bin/Cart/Compactor/Roll Off service (as described in Section 2.3.5.4 of Attachment B). 2. Contractor Has Not Exceeded Interim Container Contamination Caps. Contractor must have achieved a level of Container Contamination that is at or below the following interim Contamination caps for all Residential, Commercial, Multi -Family, Gated Developments, HOA's and Mobile Home Parks within City: twenty percent (20%) by weight for Single Stream Recyclable Materials, twenty percent (20%) by weight for Yard Trimmings/Wood, twenty percent (20%) by weight for Food Scraps and thirty percent (30%) by weight for MSW. During the period January 1 through March 31, 2024, City will evaluate Contractor's performance to determine whether or not the minimum level of SB 1383 Multi -Family Food Scrap Diversion program implementation has been achieved, and whether the above -listed Container Contamination caps have been met. In order to make a determination concerning implementation of the SB 1383 Food Scrap Diversion program, City will review the Red/Green Tracking Spreadsheets, time and work logs of the Recycling Coordinators, all the Monthly, Quarterly, and Annual Reports listed in Attachment K, submitted by Contractor up to and including the Monthly Report for March 2024. City may also conduct site visits at Multi -Family, Gated Developments, -147- HOA's and Mobile Home Park Customers' Premises to determine whether Contractor has achieved the minimum required Food Scrap Diversion program implementation. In order to make a determination concerning Contractor's performance with regard to the Container Contamination caps, City will utilize the results of the Characterization studies performed at all Processing Facilities and for the MSW being delivered for Disposal. The methodology for the studies is described in Attachment N. The City will review the study results for all characterizations performed during the Term, up to and including the following: Source Separated Recyclable Materials performed in the first quarter of 2024; Food Scraps and Yard Trimmings performed in the first quarter of 2024; and the MSW waste characterization performed in the second quarter of 2023. On or before May 1, 2024 City will notify Contractor as to whether or not Contractor has achieved the minimum required minimum level of SB 1383 Food Scrap Diversion Program implementation and the required Container Contamination caps at all Residential, Commercial, Multi -Family, Gated Developments, HOA's and Mobile Home Parks in City. In the event Contractor has not met either or both of these requirements, City may retain the services of one or more Persons as described herein, to complete implementation of the required SB 1383 Food Scrap Diversion programs until one -hundred percent of the SB 1383 Food Scrap Diversion Programs are fully implemented at all Multi -Family, Gated Developments, HOA's and Mobile Home Parks in City and/or until the Container Contamination caps are met at all Residential, Commercial, Multi -Family, Gated Developments, HOA's and Mobile Home Parks in City. SM In such event Contractor shall reimburse City on a monthly basis for the work performed by such Persons to implement the Diversion programs. City will invoice Contractor for this expense and Contractor shall pay said invoices within thirty (30) days of receipt. Contractor shall cooperate with City and the Persons retained and used by City to implement Diversion programs. Such cooperation shall include sharing information and data on Customers with City and its agents, cooperating with City's agents including ride-alongs on Collection vehicles, providing Containers for Food Scraps in a timely manner as described in the Agreement including Attachment B, Collecting Containers of Food Scraps on the schedule agreed upon with the Customer and City and/or City's agents, and processing the Collected Food Scraps at the City - approved Food Scrap Processing Facility(ies) listed in Article 5. Contractor shall not impair, impede or in any way frustrate or otherwise interfere with the actions or efforts of City and/or City's agents to successfully complete all steps to fully implement the required SB 1383 Food Scrap Diversion programs as described herein. As Diversion programs are implemented by City's Agents, City's Agents will monitor and troubleshoot said programs and provide additional training, education, and site visits for the initial ninety (90) day period following program startup. At the end of the ninety (90) day period, City's agents will transfer responsibility for all aspects of the fully implemented program to Contractor. Contractor shall fully maintain each fully implemented program at the Customer's Premises from that point forward, including completing any and all applicable steps described in Section 3.3.4 of Attachment B. -149- Contractor shall continue to pay for the work of City's agents until all of the following conditions have been met: (a) The City's agents have implemented the remaining AB 341 and AB 1826 Diversion programs at one -hundred percent (100%) of all Customers, (b) City's agents have transferred responsibility for all aspects of each implemented program to Contractor, and (c) Contractor is fully maintaining each implemented program as described in Section 3.03.4 of Attachment B. At such point, City shall notify Contractor in writing and shall submit any final invoice(s) for the work of City's agents to Contractor for payment. -150- 14.12 Force Majeure. Neither party shall be in default of its obligations under this Agreement in the event, and for so long as, it is impossible or extremely impracticable for it to perform its obligations due to an "act of God" (including, but not limited to, flood, earthquake or other catastrophic events), war, insurrection, riot, or other similar cause not the fault of, and beyond the reasonable control of, the party claiming excuse (each, a "Force Majeure event"). The following are not force majeure events: labor unrest, picketing, strikes, work stoppage or slowdown, sickouts or other concerted job actions. A party claiming excuse under this Section must (1) have taken reasonable precautions, if possible, to avoid being affected by the cause, and (2) notify the other party in writing within five (5) calendar days after the occurrence of the event specifying the nature of the event, the expected length of time that the party expects to be prevented from performing, and the steps which the party intends to take to restore its ability to perform. The party claiming excuse under this Section shall use its best efforts to remedy its inability to perform as quickly as possible. 14.12.A Force Majeure. Neither Contractor nor the City shall be excused from the performance of its obligations under this Agreement except where a party's failure to perform is due to a Force Majeure event, as defined in this Agreement. 14.12.6 Obligation to Restore Ability to Perform. Any suspension of performance by a party pursuant to this Section shall be only to the extent, and for a period of no longer duration than, required by the nature of the event, and the party claiming excuse from obligation shall use its best efforts in an expeditious manner to remedy its inability to perform, and mitigate damages that may occur as result of the event. -151- 14.12.0 Notice. The party claiming excuse shall deliver to the other party a written notice of intent to claim excuse from performance under this Agreement by reason of a Force Majeure event. Notice required by this Section shall be given promptly in light of the circumstances, but in any event not later than five (5) calendar days after the occurrence of the Force Majeure event. Such notice shall describe in detail the claimed Force Majeure event, the services impacted by the claimed Force Majeure event, the expected length of time that the party expects to be prevented from performing, the steps which the party intends to take to restore its ability to perform, and such other information as the other party reasonably requests. 14.12.11) City's Rights in the Event of Force Majeure. The partial or complete interruption or discontinuance of Contractor's services caused by a Force Majeure event shall not constitute an event of default under this Agreement. Notwithstanding the foregoing: (i) the City shall have the right to make use of Contractor's facilities and equipment in accordance with Sections 13.04 and 13.06 of this Agreement in the event Contractor is unable to collect and dispose of MSW as required herein for a period of three (3) or more consecutive days or for any three (3) days in a seven (7) calendar -day period, and such non-performance is excused by a Force Majeure event; (ii) if Contractor's excuse from performance for reason of Force Majeure continues for a period of thirty (30) calendar days or more, the City shall have the right, in its sole discretion, to immediately terminate this Agreement; and (iii) if Contractor's inability to collect and dispose of MSW continues for fourteen (14) days or more from the date by which Contractor gave or should have given notice under Subsection C above, the City may terminate this Agreement. -152- 14.13 Cooperation During Transition. At the expiration or earlier termination of the Term, Contractor shall cooperate fully with the City to ensure an orderly transition to any and all new service providers. In addition, during the last twelve months of the Term, Contractor shall allow prospective operators to observe its operations and shall make available to City all records and reports required to be submitted by this Agreement for use in the transition including, but to limited to, complete route lists and maps, customer account lists including customer name, address, type and frequency of service, billing information, and number, type and location of all Containers deployed by Contractor within City. 14.14 No Damages for Invalidation of Agreement. If a final judgment of a court of competent jurisdiction determines that this Agreement, or any portion thereof, is illegal or was unlawfully entered into by the City, neither party shall have any claim against the other for damages of any kind (including but not limited to loss of profits) on any theory. 14.15 Diversion Programs Not Restricted. Nothing in this Agreement shall restrict City's participation or non -participation, or the nature or extent of its participation in, any Recycling and Diversion program, developed or operated by City, other agencies, or by one or more residents, businesses, commercial, industrial or retail operators, or other Persons, within City or other jurisdictions. 14.16 Reports as Public Records. The reports, records and other information submitted (or required to be submitted) by Contractor to City are public records within the meaning of that term in the California Public Records Act, Government Code Section 6250 et seq. Unless a particular record is exempted from disclosure by the -153- California Public Records Act, it must be disclosed to the public by the City upon request. -154- ARTICLE 15: MISCELLANEOUS PROVISION 15.01 Governing Law. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. 15.02 Jurisdiction. Any lawsuits between the parties arising out of this Agreement shall be brought and concluded in the courts of the State of California, which shall have exclusive jurisdiction over such lawsuits. With respect to venue, the parties agree that this Agreement is made in and will be performed in Orange County and the exclusive venue is the Superior Court located in Orange County. 15.03 Binding on Successors. The provisions of this Agreement shall inure to the benefit of and be binding on the successors and permitted assigns of the parties. 15.04 Parties in Interest Nothing in this Agreement is intended to confer any rights on any Persons other than the parties to it and their permitted successors and assigns. 15.05 Waiver. The waiver by either party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach of violation of the same or any other provision. The subsequent acceptance by either party of any monies that become due hereunder shall not be deemed to be a waiver of any pre-existing or concurrent breach or violation by the other party of any provision of this Agreement. 15.06 Attachments. Each of the attachments, identified as Attachments "A" through "KK," is attached hereto and incorporated herein and made a part hereof by this reference. -155- 15.07 Entire Agreement This Agreement, including the Attachments, represents the full and entire agreement between the parties with respect to the matters covered herein and supersedes all prior negotiations and agreements, either written or oral. 15.08 Section Headings. The article headings and section headings in this Agreement are for convenience of reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions. 15.09 Interpretation. This Agreement shall be interpreted and construed reasonably and neither for nor against either party, regardless of the degree to which either party participated in its drafting. 15.10 Amendment This Agreement may not be modified or amended in any respect except by a writing signed by the parties. 15.11 Severability. If a court of competent jurisdiction holds any non -material provision of this Agreement to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement which shall be enforced as if such invalid or unenforceable provision had not been contained herein. 15.12 Costs and Attorneys' Fees. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs expended in connection with such an action from the other party. However, each party shall bear its own attorneys' fees. 15.13 References to Laws All references in this Agreement to laws, rules, and regulations shall be understood to include such laws, rules, and regulations as they may -156- be subsequently amended or re -codified, unless otherwise specifically provided. In addition, references to specific governmental agencies shall be understood to include agencies that succeed to or assume the functions they are currently performing. 15.14 City's Municipal Code. Contractor is aware of the provisions of City's Municipal Code relating to the Collection and Disposal of solid waste, specifically Article 4, Chapter 3 (Solid Waste Management) of the Tustin Municipal Code, including the right of City to amend those provisions. Contractor shall comply with all provisions of Article 4, Chapter 3, as they may be amended. City may, in its sole discretion, determine whether and in what circumstances enforcement of provisions of the City's Municipal Code relating to the obligation of owners and occupants of Premises to use the services of Contractor is in the public interest. City undertakes no obligation, by virtue of this Agreement, to Contractor to enforce such provisions through civil actions, or termination of other utility services provided by City. The parties acknowledge that City may permit the Collection, Recycling, Diversion and/or Disposal of any or all of the following materials without seeking or securing any approval of Contractor: A. Recyclable Materials which are separated by the Customer and donated or sold to youth, civic, or charitable organizations or any other Person; B. MSW, and/or Recyclable Materials which are removed from any Premises by the property owner or occupant, and which are transported by the property owner or occupant (or by his or her full-time employees) to a Processing Facility or to a -157- Disposal Facility; Food Scraps which are removed by the property owner or occupant and Composted; and Food Scraps which are Composted on-site by the property owner or occupant using a Compost Appliance. C. MSW self -hauled pursuant to Article 4, Chapter 3, Part 2, Section 4326 (b) of the Tustin Municipal Code; Recyclable Materials not placed for Collection by Contractor which are delivered to a permitted recycling drop off or buy-back center or facility; Edible Food for Human Consumption that is collected by any Person, including but not limited to, non-profit organizations, for-profit corporations, partnerships or other entities, volunteers, individuals, and any other entities that provide any of the following services: (1) arrange for the collection of Edible Food for Human Consumption (as described in SB 1383 and all regulations promulgated thereto) and for the delivery of said Edible Food to locations and organizations that use them for human consumption, including but not limited to food banks, churches, other non-profit or charitable entities, volunteer groups, homeless shelters, warming shelters, delivery to individuals (e.g. Meals on Wheels), other non-profit or for-profit entities, free or reduced -cost grocery markets, hospitals, schools and others; (2) provide programs, telephone apps, databases and other means to connect food donors with those that can use the Edible Food, and assist the parties in getting the Edible Food from the donor to the recipients for human consumption; (3) compile and publish or distribute lists of Edible Food available for donation and food needed (specifying types, quantities and dates/times available and needed); (4) provide pickup, transportation and delivery of Edible Food from donors to -158- recipients; (5) provide reporting data on the pounds of Edible Food diverted from Disposal from these efforts in the City. Food Scraps that are separated by the Customer for use as Edible Food for Human Consumption and are donated, sold or the Customer pays for Collection and delivery of the Food Scraps to food banks, shelters, churches, civic organizations, schools, individuals or any Person for human consumption. Food Scraps that are separated by the Customer and are donated, sold or the Customer pays for Collection and delivery of the Food Scraps for use as animal feed. D. Containers delivered for Recycling under the California Beverage Container Recycling Litter Reduction Act, Section 14500, et seq., California Public Resources Code; I. Construction and Demolition Debris self hauled pursuant to Article 4, Chapter 3, Part 2, Section 4326 (c) of the Tustin Municipal Code; -159- J. Yard Trimmings removed from a Premises by a gardening, landscaping or tree trimming company utilizing its own equipment as an incidental part of a total service offered by the company rather than as a hauling service pursuant to Article 4, Chapter 3, Part 2, Section 4326 (d) of the Tustin Municipal Code; K The casual or emergency Collection and Disposal of MSW by City employees in the normal course of their employment; and L. Animal waste and remains from butcher shops and grease collected from restaurants for use as tallow; and M. Hazardous Waste, regardless of the source. N. Cleanup services such as 1 800 GOTJUNK and OC Junk Removal, whose primary business is the cleanup of MSW on the property of another and who, incidental to such business: (a) hauls only the MSW which he/she cleans up and no other MSW; (b) performs cleanup services such as removing junk from Commercial and Business Establishments, garages and Residential Premises, but does not remove MSW from Construction and Demolition sites; (c) uses his/her own vehicle to haul the MSW which he/she cleans up; and (d) does not use a Bin, Roll Off Box or other Container, whether or not such Bin, Roll Off Box or Container is left at the cleanup site, to accomplish the cleanup, Collection or transportation of the MSW. 15.15 Non -Discrimination. Contractor shall not discriminate, nor permit any City - approved subcontractor to discriminate, in the provision of services or the employment of Persons engaged in the performance of this Agreement on account of race, color, -160- religion, sex, age, national origin, ancestry, physical handicap, sexual orientation, marital status or medical condition in violation of any applicable federal, state or local law. 15.16 Guaranty. No later than ten (10) days before the Effective Date of this Agreement, Contractor shall furnish a properly executed Guaranty of its performance under this Agreement, in the form shown on Attachment Z. This Agreement, consisting of one hundred sixty-four (164) pages, not including Attachments A through KK shall be executed in four (4) originals. IN WITNESS WHEREOF, City and Contractor have executed this Agreement as of the day and year first above written. CONTRACTOR IN CITY OF TUSTIN By: Mayor ATTEST: CITY CLERK By: City Clerk APPROVED AS TO FORM By: City Attorney -161- Attachments A Definitions B Detailed Scope of Work for Collection And Diversion Operations C Implementation Plan D Proposed Rates to be Charged E Numbers and Types of Containers to be Furnished by Contractor and Cart Specifications F-1-4 F-1 Collection Vehicles to be Furnished by Contractor F-2 Light Weight Collection Vehicles to Be Furnished by Contractor F-3 On -Board Technology to be Provided by Contractor on Collection Vehicles to Increase Safety and Efficiency F-4 Technology Innovations To Be Implemented by Contractor G Contractor -Furnished Personnel and Names of Key Personnel H Multi -Family and Commercial Route Density Audit Protocol I Landfill Contract With County of Orange J Annual Rate and Disposal Cost Adjustments K Reports to be Submitted to City L Performance Bond M Bond Continuation Certificate N Processing Facility Characterizations & On -Site Field Container Contamination Audit Protocols O Clean Materials Recovery Facility(ies) P Bioengineered Feedstock Processing Facility Q Compost Processing Facilities R Anaerobic Digestion Processing Facility S Construction & Demolition Debris Processing Facility(ies) T-1-3 T-1 List of City Facilities Including City Parks T-2 List of all Bus Stops and Bus Shelters to be Served T-3 Toter Receptacles to be Deployed at Bus Stops and Bus Shelters U Planned Residential and Commercial Developments V Not Used W Contractor's Detailed Description of Diversion Programs X Not Used Y Contractor's Complete Proposal To City Z Guaranty AA Minimum Required Duties of Recycling Coordinators BB Not Used CC List & Map of Areas to Collect Illegally Dumped Materials DD Not Used EE Minimum Required Duties of City Liaison FF Not Used GG Sure Close Food Scrap Container HH "Slim Jim" Commercial Food Scrap Containers JJ Landscaper Self -Certification Diversion Form KK Tustin Waste Disposal and Diversion Requirements for Construction, Demolition, and Renovation Projects & CALGreen ATTACHMENT A DEFINITIONS Act: "Act" means the California Integrated Waste Management Act of 1989 (Public Resources Code Section 40000, et seq.) as amended and as implemented by regulations of CalRecycle or its successor. Affiliate: "Affiliate" means any Person who or which is related to the Contractor by virtue of a direct or indirect ownership interest or common management. Affiliates include (1) a Person in which the Contractor has a direct or indirect ownership interest, (2) a Person which has a direct or indirect ownership interest in Contractor, and (3) a Person which is owned or controlled by any person which has a direct or indirect ownership interest in Contractor. For purposes of determining whether an indirect ownership interest exists, the constructive ownership provisions of the Internal Revenue Code, in effect as of the Effective Date, shall apply except that "ten percent (10%)" shall be substituted for "fifty percent (50%)" in Section 318(a)(2)(C) and Section 318(a)(3)(C). Agreement: "Agreement' means this Agreement between the City and Contractor dated as of _, 2018, including all attachments, and any amendments hereto. Alternative Daily Cover or "ADC": Alternative Daily Cover (or "ADC) means cover material other than earthen material placed on the surface of the active face of a Municipal Solid Waste landfill at the end of each operating day to control vectors, fires, odors, blowing litter and scavenging. Federal regulations require landfill operators to use six (6) inches of earth material as daily cover unless other materials are allowed as alternatives. CalRecycle has approved eleven (11) ADC material types. Generally, these materials must be processed so that they do not allow gaps in the exposed landfill face. Prior to 2014,Yard Trimmings were included in the list of CalRecycle-approved ADC materials and use of Yard Trimmings as ADC still counted as diversion of the Yard Trimming materials for purposes of the Act. AB 1594, passed and signed into law in 2014 phases out the use of Yard Trimmings as ADC effective January 1, 2020. As of that date no Yard Trimmings can be used as ADC and still count as diversion. As of January 1, 2020, any Yard Trimmings used as ADC are counted as Disposed tons for purposes of the Act. [See Section 6.3 for the prohibition on use of Yard Trimmings collected in City as ADC] Alternative Fuel Vehicle: "Alternative Fuel Vehicle" means a vehicle whose engine design uses a fuel that is in full compliance with the South Coast Air Quality Management District's rules and regulations including Rule 1193. Anaerobic Digestate: "Anaerobic Digestate" or "Digestate" means the material left at the conclusion of a biological process that decomposes organic matter in an environment with little or no oxygen resulting in a biogas and a liquid/solid stream called Digestate (CCR Section 17896.2(a) 6). For purposes of this Agreement, Anaerobic Digestate shall be further processed at a permitted Compost Facility or may be land -applied if approved by City. Anaerobic Digestate shall not be disposed at a landfill or used as ADC at a landfill." Anaerobic Digestion: "Anaerobic Digestion" ("AD") means a biological process that decomposes organic matter in an environment with little or no oxygen resulting in a biogas and a liquid/solid stream called Anaerobic Digestate. The decomposition occurs in a four -step Attachment A Page 1 of 11 process: hydrolysis, acidogenesis, acetogenesis, and methanogenesis to break down organic matter into methane, carbon dioxide, water and Anaerobic Digestate/residuals. Anaerobic Digestion Facility: "Anaerobic Digestion Facility" ("AD Facility") means a facility that uses a biological process that decomposes organic matter in an environment with little or no oxygen resulting in a biogas and a liquid/solid stream called Anaerobic Digestate. The decomposition occurs in a four -step process: hydrolysis, acidogenesis, acetogenesis, and methanogenesis to break down organic matter into methane, carbon dioxide, water and Anaerobic Digestate/residuals. Authorized Customer Representative: "Authorized Customer Representative" means the Person (including but not limited to, the owner or on-site manager) who has decision-making authority to approve a recycling plan, payment of the bills for MSW, Recyclable Materials, Yard Trimmings, Food Scrap and all other Collection services provided by Contractor. For a corporation with multiple locations and centralized decision-making, the Authorized Customer Representative is the management Person with decision-making authority for that Business or Commercial Premises located within City. In cases where a Customer has retained the services of a waste broker or waste arranger, the Authorized Customer Representative is the Person who has been given the decision-making authority by the Customer for the subject Premises within the City. Bin or Bins: "Bin" or "Bins" means open top rectangular containers with wheels, with plastic or metal lids, used for storage of MSW, Recyclable Materials, Yard Trimmings, Food Scraps, Construction and Demolition Debris, or other materials to be Collected by Contractor. Typical sizes of Bins include 2 cubic yards, 3 cubic yards, 4 cubic yards and 6 cubic yards. See also "Split Bins." Bioengineered Feedstock: "Bioengineered Feedstock" means a mixture of materials utilized in wastewater treatment plants (WWTP's) or publically owned treatment works (POTW's) to produce biogas. (This process is also referred to as "wet anaerobic digestion".) Bioengineered Feedstock may include primary and/or secondary sludge, greases from the WWTP grease trap, and organic materials such as food scraps from households or other organic materials from industries that have been pre-treated and liquefied to the required consistency. Biomass Conversion Facility: "Biomass Conversion Facility" means a facility which uses the controlled combustion of the following materials (when separated from MSW) to produce electricity or heat: (1) agricultural crop residues; (2) bark, lawn, yard and garden clippings; (3) leaves, silviculture residue, tree and brush prunings; (4) wood, wood chips and wood waste; or (5) non -recyclable pulp or non -recyclable paper. [See Section 6.09 for the prohibition on use of Biomass Facility(ies) for materials collected in City.] Bulky Goods: "Bulky Goods" means furniture, household or industrial appliances, mattresses, shipping crates and containers, oversized yard waste such as tree trunks and large branches if no larger than two feet (2') in diameter and four feet (4') in length, and other large, bulky or heavy objects not normally discarded on a regular basis at Residential, Commercial or Business Establishments. Bulky Goods does not include automobile bodies or Construction and Demolition Debris. CalRecycle: "CalRecycle" means the California Department of Resources Recycling and Recovery, the successor agency to the former California Integrated Waste Management Board. Attachment A Page 2 of 11 Can: "Can" means a receptacle for MSW or Recyclable Materials provided by the Customer and Collected using manual (instead of automated) collection. Cart: "Cart" means a Container with a hinged lid and wheels serviced by an automated or semi - automated truck with a capacity of 35 gallons, 60-67 gallons, and 90-100 gallons. Cathode Ray Tubes (CRTs): "Cathode Ray Tubes" or "CRTs" means a computer or television monitor with the yoke still attached that has been separated from an electronic device. City: "City" means the City of Tustin, a municipal corporation, and all of the territory lying within the municipal boundaries of the City as presently existing or as such boundaries may be modified during the Term. City -County Landfill Contract: "City -County Landfill Contract' means the contract dated July 23, 2009 between the County of Orange and the City of Tustin as amended effective June 30, 2016, and as may be further amended in the future. The City -County Landfill Contract is in Attachment I. Clean Materials Recovery Facility (Clean MRF): "Clean Materials Recovery Facility" or "Clean MRF" means a MRF, or that portion of a MRF that processes Recyclable Materials such as Single -Material Recyclables and Single Stream Recyclable Materials, containing no more than the maximum residue allowed by CalRecycle permit regulations (10% residue). Collection: "Collection" or "Collect" means the taking of physical possession of MSW, Recyclable Materials, Yard Trimmings, Food Scraps, Construction and Demolition Debris or other materials from Customers, and their transport to a Processing Facility, transfer station or landfill. Commercial and Business Establishments: "Commercial and Business Establishments" means any premises occupied by stores, offices, office buildings, federal, state and local government offices (excluding schools), warehouses, factories, hotels, motor courts, restaurants and other commercial facilities providing goods or services and all other premises used for other purposes than dwelling houses. For purposes of the implementation of programs described in Attachment B, all Tonnage tracking and reporting described in Article 9, and the Extension Incentives described in Section 6.07, "Commercial Tons" shall include only Tons Collected from Commercial and Business Establishments and shall not include any Tons Collected from Multi - Family Carts or Bins. [See Section 9.05A.] Compactor: "Compactor" means an enclosed rectangular or square metal container containing a ramrod to condense and compress the contents, and is typically used to store MSW, Yard Trimmings, Recyclable Materials, Food Scraps, Organics or other materials. Compactors may be small (3 cubic yards and 4 cubic yards) for use on Commercial Premises, or large (10 cubic yards, 20 cubic yards, 30 cubic yards and 40 cubic yards) for use at large Commercial businesses, construction sites, hotels, supermarkets and other large retail stores. A special vehicle equipped with hooks and a winch to pull the Compactor on to the railed bed of the vehicle transports compactors. Compost: "Compost' is the product resulting from the controlled biological decomposition of organic material that are source -separated from the MSW stream and that has been sanitized through the generation of heat and processed to further reduce pathogens' (PFRP), as defined Attachment A Page 3 of 11 by the U.S. EPA (Code of Federal Regulations Title 40, Part 503, Appendix B, Section B), and stabilized to the point that it is beneficial to plant growth. Compost bears little physical resemblance to the raw material from which it originated. Compost is an organic matter source that has the unique ability to improve the chemical, physical, and biological characteristics of soils or growing media. It contains plant nutrients but is typically not characterized as a fertilizer. Compost Appliance: "Compost Appliance" means an enclosed on-site device that utilizes aerobic microbial digestion of food scraps. Compost Appliances may be utilized by restaurants, hospitals, cafeterias and any other generators of Food Scraps. [See Section 15.14] Compost Facility: "Compost Facility" means a facility that processes one or more of the following that have been source -separated from MSW: Food Scraps, Yard Trimmings, Wood, and Food -Soiled Paper such as paper napkins and paper towels by means of outdoor windrow composting, aerated static pile composting, covered composting, vermiculture, or other outdoor composting methods or covered composting with use of either finished Compost or fabric, synthetic or other type(s) of cover(s) applied to the compost piles. Composting: "Composting" means the creation of Compost. Construction and Demolition (C&D) Debris: "Construction and Demolition Debris" includes building materials such as wood, sheetrock, metals, concrete, asphalt, dirt, yard trimmings from grubbing, packaging and rubble resulting from construction, remodeling, repair or demolition operations on pavements, houses, commercial and industrial buildings, and other structures and improvements. Construction and Demolition (C&D) Debris Processing Facility: "Construction and Demolition (C&D) Processing Facility" means a facility that accepts C&D Debris for separation. Materials separated may be further processed to prepare them for sale or re -use (e.g. removing nails from wood, grinding of concrete and asphalt). The facility then markets the materials for re- use. Containers: "Containers" means any object designed and used to hold MSW, Recyclable Materials, Food Scraps, Yard Trimmings or Construction and Demolition Debris to be Collected by the Contractor. Containers include Carts, Bins, open -top Roll Off Boxes, and Compactors. Contamination: "Contamination" means materials which are not specified for Collection in particular Containers or for processing at any Processing Facility and which would either interfere with such processing or reduce the quality and value of the Recovered Materials. For example, metals and plastics constitute "Contamination" if placed in a Yard Trimmings Container and tree trimmings constitute "Contamination" if placed in a Recyclable Materials container. Contamination of MSW means the presence of Divertable Materials in the MSW container such as Recyclable Materials, Food Scraps, and/or Yard Trimmings. The maximum acceptable levels of Contamination for each type of Container are listed in Attachment B, Section 3.3.4. Contractor: "Contractor' means Recycling Agent. County: "County" means the County of Orange. Attachment A Page 4 of 11 The Contractor is the City's Authorized Customer: "Customer' means the owner, occupant, tenant or user of Premises at which MSW, Recyclable Materials, Yard Trimmings, Food Scraps, and/or Construction and Demolition Debris is generated and collected by Contractor. The Customer is the Person Generating the MSW, Recyclable Materials, Yard Trimmings, Food Scraps, and/or Construction and Demolition Debris. The Customer may be a separate Person from the Authorized Customer Representative, who may arrange for and/or pay for, Collection service provided by Contractor. Divertable or Divertable Materials: "Divertable" or "Divertable Materials" means Recyclable Materials, Food Scraps, Yard Trimmings, Wood, Construction and Demolition Debris, Food Soiled Paper (if directed by City), Electronic Waste, Universal Waste, and all other materials that can be diverted from Disposal. Divertable Materials includes, but is not limited to, all materials required to be Diverted from Disposal by City, CalRecycle or any state or federal agency. Digestate: See "Anaerobic Digestate" Disposal: "Disposal" or "Disposed" means the burying of MSW at a fully permitted landfill. Disposal Charge: "Disposal Charge" means the cost, charge or tip fee at a Disposal Site that is paid by Contractor. Disposal Site: "Disposal Site" means the City -designated Landfill(s), transfer station(s) or other facility(ies) used for the Disposal of MSW. Diversion: "Diversion" or "to Divert" means any combination of Recycling, sorting, Composting, and/or other Processing activities conducted at a Clean MRF, a Compost Facility, an Anaerobic Digestion Facility, a Bioengineered Feedstock Facility, a Construction and Demolition Debris Processing Facility or another City -approved Processing Facility in order to prepare, use and/or market the materials for reuse, remanufacture, reconstitution or to otherwise return the materials to the economic marketplace and to prevent the materials from being Disposed in a landfill. Diversion Programs: "Diversion Programs" means Collection of Recyclable Materials, Yard Trimmings, Food Scraps, Wood, Construction and Demolition Debris, and processing of said materials at a Clean MRF, a Compost Facility, a Construction and Demolition Debris Processing Facility or other Processing Facility. Diversion Programs include all programs operated by the Contractor, the City, Residents, Businesses, Customers or other Persons that have the effect of diverting MSW from landfill. Diversion Programs includes all of the programs included in the City's Source Reduction and Recycling Element and all of the programs included in Attachment B. Edible Food For Human Consumption: "Edible Food For Human Consumption" or "Edible Food" means food that has been prepared but not served, and includes but is not limited to: appetizers, soups, salads, entrees, desserts, raw fruits and vegetables that may or may not have been sliced, grated, cooked, baked, or otherwise prepared for consumption but not served, packaged sandwiches, salads, fruits and fruit salad, and other non -served food that meets state and local requirements as being edible for human consumption. SB 1383 requires Diversion of seventy-five percent of all Food Scraps, Yard Trimmings, Wood and certain other materials from Disposal by 2025, of which a minimum of 20% must be Edible Food for Human Consumption. Effective Date: "Effective Date" means the date identified in Section 3.01 Attachment A Page 5 of 11 Electronic Waste (E -waste): For purposes of this Agreement, "Electronic Waste" or "E -Waste" includes discarded video display devices such as a television screen, computer monitor, plasma television screen, computer CPU's, LED screens and monitors, computer keyboards, computer mouse, printers, desk copiers, multi -function desktop machines (such as a combination printer/fax/copier), LED bulbs, VCR's, DVD/CD/tape players, cellular telephones, microwave ovens, toasters, irons, stereos and speakers, cables, scanners and all other corded appliances and corded devices that are not defined in this Attachment A as "Universal Waste" and that are banned from Disposal in a landfill. (The parties acknowledge and agree that this definition may differ from that in current state law and regulations.) Environmental Laws: "Environmental Laws" means all federal and state statutes, county and city ordinances concerning public health, safety and the environment including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; the Federal Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Federal Clean Water Act, 33 U.S.C. Section 1251 et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C. Section 11001 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the California Integrated Waste Management Act, California Public Resources Code Section 40000 et seq.; the California Hazardous Waste Control Act, California Health and Safety Code Section 25100 et seq.; the California Toxic Substances Account Act, California Health and Safety Code Section 25300 et seq.; the Porter -Cologne Water Quality Control Act, California Water Code Section 13000 et seq.; the Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code Section 25249.5 et seq.; the California Clean Air Act, Health and Safety Code Sections 39000 et seq.; the California Hazardous Materials Response Plan and Inventory Act, Health and Safety Code Sections 25500 et seq., as currently in force or as hereafter amended, and all rules and regulations promulgated thereunder. Food Scraps: "Food scraps" means material resulting from the production, processing, preparation or cooking of food for human consumption that is separated from MSW. Food Scraps include surplus or unsold Edible Food, raw food left over after food preparation, leftover cooked food, as well as spoiled food such as vegetables and culls, and plate scrapings. Food Scraps includes, without limitation, food scraps from food facilities as defined in California Health and Safety Code Section 113789, food processing establishments (as defined in California Health and Safety Code Section 111955), grocery stores, farmer's markets, institutional cafeterias (such as schools, hospitals and assisted living facilities), restaurants, and residential food scraps. Food Scraps does not include Food Soiled Paper. Food Scrap Processing Facility: "Food Scrap Processing Facility" means the City -approved Compost Facility, Bioengineered Feedstock Facility, Wastewater Treatment Plant, Anaerobic Digestion Facility and/or other City -approved Processing Facility used to process Food Scraps Collected by Contractor in the City. Food Soiled Paper: "Food Soiled Paper' means paper towels, tissue products, paper napkins, paper plates and cups, coffee filters, tea bags, waxed paper, butcher paper, paper take-out boxes and containers, greasy pizza boxes, paper bags, cardboard and wax -coated cardboard produce boxes. "Food Soiled Paper' does not include polystyrene, diapers, aluminum foil or foil - lined food wrap. Attachment A Page 6 of 11 Generate: "Generate" means to bring into existence or create, or to use, maintain or possess an item, material or product, the result of which such creation, bringing into existence, use, maintenance or possession is that the item, material or product first becomes, or is converted, transformed, evolved to, or deemed as MSW, Recyclable Materials, Food Scraps, Yard Trimmings, Construction and Demolition Debris or other materials. Green Waste: See "Yard Trimmings". Hazardous Waste: "Hazardous Waste" means as defined in Section 11.05 of the Contract. Homeowners Association (HOA): "Homeowners Association" or "HOA" means a mandatory membership organization comprised of two or more homeowners for the maintenance of commonly owned real estate and improvements associated with multi -family developments comprised of detached homes, condominiums or townhouses. Household Hazardous Waste (HHW): "Household Hazardous Waste" or "HHW" means any Hazardous Waste generated incidental to owning or maintaining a place of residence. Household Hazardous Waste does not include any waste generated in the course of operating a business or commercial activity at a residence or at any Commercial Business Establishment. Typical Household Hazardous Wastes include used motor oil and oil filters, antifreeze and other vehicle fluids, paints and varnishes, pesticides, pool chemicals and cleaning supplies. Including: "Including" means including but not limited to. Indemnitees: "Indemnitees" means the City, members of the City Council and other officers, employees, and agents of City. Land Application: "Land Application" means the final deposition of Compost and/or Anaerobic Digestate spread, sprayed, or fertigated on any land, crop, foliage or vegetation. Materials Recovery Facility (MRF): See "Clean MRF" Multi -family: "Multi -family" means a building, dwelling unit or complex containing multiple dwelling units that house more than four residences and that receive centralized Collection service from Bins and Carts, compactors and/or Roll Off Boxes in enclosures or other designated areas. Apartment complexes, condominiums, townhouses, gated developments, HOA's, mobile home parks and similarly configured housing complexes are included if they have centralized service. Multi -Family does not include single-family residences, duplexes, tri- plexes, four-plexes or any residences that have individual Cart Collection service. For purposes of the implementation of programs described in Attachment B, all Tonnage tracking and reporting described in Article 9, and the Extension Incentives described in Section 6.09, "Multi - Family Tons" shall include only Tons Collected from Multi -Family complexes and shall not include any Tons Collected from "Commercial and Business Establishments". [See Section 9.05A.] Municipal Solid Waste (MSW): "Municipal Solid Waste" or "MSW' is the variable portion of all non -hazardous discarded materials that is left over after all Diversion Programs are utilized by the owners and/or occupants of all Premises in the City. The owners and/or occupants of all Premises within the City are provided with separate, designated Containers for MSW, Recyclable Materials, Yard Trimmings/Wood and Food Scraps (with the exception of non-food Attachment A Page 7 of 11 generating Commercial and Business Establishments) and Construction and Demolition Debris (where applicable). The owners and occupants of all Premises separate and place discarded materials in the appropriate Container provided to their Premises. City and third parties provide other Diversion Programs for Collection and Diversion of household appliances, E -Waste, grease, fats, oils and other Divertable Materials. MSW is the material placed by owners and/or occupants in the MSW container(s) and does not include materials placed in the other Containers designated for Divertable Materials or Diverted via other Diversion Programs. MSW does not include (1) Hazardous Waste, (2) low-level radioactive waste regulated under California Health and Safety Code Sections 25800, et seq., or (3) untreated medical waste which is regulated pursuant to the Medical Waste Management Act, California Health and Safety Code Sections 25015, et seq. Optional City -Directed Program: "Optional City -Directed Program" means a program that is not being implemented immediately as of the Effective Date, but which the City may, in its sole discretion, direct Contractor to implement at any time during the Term. Contractor provided the City with a rate for each City -Directed Program during the competitive Request for Proposal Process in 2018. In the event City directs commencement of a City -Directed program, the rate provided by Contractor shall be adjusted as described in Attachment J for any intervening years since 2018 as described in Section 4.12 of the Agreement. The change of scope provisions in Section 4.12 shall not apply to Optional City -Directed Programs. Orange County Landfill System: "Orange County Landfill System" means any landfill owned or operated by the County of Orange, currently including Olinda Alpha, Frank R. Bowerman, and Prima Deschecha. Person: "Person" includes any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, the State of California, the County, municipality or special purpose district or any other entity whatsoever. Plastic Containers: "Plastic containers" means all plastics of resin numbers 1-7, specifically excluding Styrofoam. Premises: "Premises" means any land or building in the City where MSW, Recyclable Materials, Yard Trimmings, Wood, Food Scraps and/or Construction and Demolition Debris is Generated or accumulated. Processing Facilities: "Processing Facilities" means facilities where the following activities are conducted: sorting, cleaning, treating, Composting, and reconstituting Collected materials and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards of the market place. Processing Facilities include Clean Materials Recovery Facility, Composting Facilities, Anaerobic Digestion Facilities, Bioengineered Feedstock Facilities, Wastewater Treatment Plants, Construction and Demolition Debris sorting facilities, and concrete and asphalt grinding facilities. Processing Facilities do not include Waste -to -Energy, Biomass, thermal destruction, or any type of Transformation facilities. Processing Fee: "Processing Fee" means the amount charged for delivery of materials to City - approved Processing Facilities including but not limited to, the Clean MRF, Compost Facility, Attachment A Page 8 of 11 Anaerobic Digestion Facility, Bioengineered Feedstock Facility, and the Construction and Demolition Debris Processing Facility,. Producer's Price Index: "Producer's Price Index" or "PPI" means as defined in Attachment J. Proposal: "Proposal" means the Proposal submitted by Contractor to City under cover of a letter dated , presented Recovered Materials: "Recovered Materials" means those materials that are processed at a MRF, Compost Facility, Anaerobic Digestion Facility, Bioengineered Feedstock Facility, Construction and Demolition Debris Processing Facility or any other Processing Facility and thus Diverted from Disposal. Recyclable Materials: "Recyclable Materials" means material which otherwise would become, or be treated as, MSW but which, by means of a process of collecting, sorting, cleansing, treating and reconstructing, may be returned to the economic mainstream in the form of finished or source material for new, reused or reconstituted products, which may be used in the market place. "Recyclable Materials" includes Single -Stream Recyclable Materials and Single Material Recyclables. Recyclable Materials includes, but is not limited to, paper, books, magazines, cardboard, boxes, plastics, metals, glass, and other similar materials authorized by the City for Collection by the Contractor. Recyclable Materials does not include Food Scraps, Yard Trimmings or Construction and Demolition Debris. Recycle/Recycling: "Recycle" and "Recycling" mean the process of collecting, sorting, cleaning, treating and reconstituting materials that would otherwise become MSW and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards to be used in the marketplace. Recycling Coordinators: "Recycling Coordinator' and "Recycling Coordinators" means the employees of Contractor described in Section 7.05 G of the Agreement. Red/Green Tracking Spreadsheet: "Red/Green Tracking Spreadsheet" means the Excel spreadsheet (or other similar software spreadsheet) described in Section 1.7 of Attachment B and in Attachment K. The Red/Green Tracking Spreadsheet is created and maintained by Contractor, and used by Contractor and City to document all contacts made with Customers concerning implementation of Diversion Programs, and to document and track Contractor's completion of the program implementation tasks listed in Section 3.3.4 of Attachment B. Residential Premises: "Residential Premises" or "Residential" includes single-family dwellings, Multi -family dwellings (such as townhouses, apartments, and condominiums), gated developments, HOA's and mobile home parks that are provided individual Collection service at each dwelling unit, whether by means of walk-in or curbside Collection, and which may be individually billed by Contractor or billed, as part of a central billing process, by the HOA or Property Manager. Residue: "Residue" means the MSW destined for Disposal which remains after processing at a MRF, Compost Facility, Anaerobic Digestion Facility, Bioengineered Feedstock Facility, Construction and Demolition Debris Processing Facility or other Processing Facility has taken place. The percent of residue is calculated by dividing the weight of the Residue by the weight Attachment A Page 9 of 11 of the total materials delivered for processing at the facility. State law and regulations govern the allowable amount of Residue that can be generated by each type of Processing Facility. Roll Off Boxes: "Roll Off Boxes" means large open top rectangular metal Containers used to store and transport MSW, Recyclable Materials, Yard Trimmings, Construction and Demolition Debris, or other materials. Roll Off Boxes are collected using a special vehicle equipped with hooks and a winch to pull the box onto the flat bed of the truck for transport. Roll Off Boxes typically come in 10, 20, 30 and 40 cubic yard sizes. Scout Service: "Scout Service" means moving individual Containers of MSW, Recyclable Materials, Yard Trimmings and/or Food Scraps to a centralized location on the property where the Containers can be emptied by a frontloader vehicle and then returned to their original locations. The Containers are moved by a pickup truck, motorized utility cart or other similar lightweight vehicle. Scout Service is used to save wear and tear on pavement in parking lots and driveways and to save Collection time. Instead of traveling to the location of each individual Container to empty the Container, the frontloader vehicle only travels to one centralized location and empties all the Container at that location. Self -Haul: "Self -Haul' means the hauling of MSW and/or Divertable materials to a transfer, Processing, or Disposal Facility or other type of facility by a Generator, owner, or occupant of any Premises. Single -Material Recyclables: "Single -Material Recyclables" means those Recyclable Materials which satisfy each of the following requirements: (1) have been segregated from MSW for handling different from that of MSW by or for the generator thereof; (2) have been further segregated so that various types of Recyclable Materials, such as glass, metals, paper, cardboard, etc., are not commingled; and (3) after such segregation, contain no more than ten percent 10% Contamination by weight. Single Stream Recyclable Materials: "Single Stream Recyclable Materials" or "Single Stream Recyclables" means those Recyclable Materials collected as separated from MSW by the Customer and consisting of a mixture of metals, glass, plastics #1-7, and all paper grades from Residential Premises, Commercial and Business Establishments and Multi -Family Complexes. Single Stream Recyclable Materials are distinguished from Single -Material Recyclables, which consist of only a single type of material, such as glass, separated from other recyclables. Source Reduction: "Source Reduction" means any action that causes a net reduction in the generation of MSW. Source reduction includes, but is not limited to, reducing the purchase and/or use of non-Divertable materials, replacing disposable or single -use materials and products with reusable materials and durable products, reducing packaging, reducing the amount of Yard Trimmings, Food Scraps, and/or Construction and Demolition Debris generated. Split Bins "Split Bins" means Bins that have a divider down the middle, dividing the Bin into two separate compartments. Such Bins have separate locking lids for each side of the Bin allowing the Bin to be emptied one side at a time. The lid on the side of the Bin that is for storage of Recyclable Materials is designed such that it allows for the placement of Recyclable Materials in the Bin without unlocking or opening the lid, and yet does not allow Recyclable Materials to spill out when the lid is closed and locked for the emptying of the opposite side of the Bin. Typical sizes of Split Bins include 2 cubic yards, 3 cubic yards and 4 cubic yards. Attachment A Page 10 of 11 Term: "Term" means the term of this Contract as specified in Section 3.02, unless extended by City pursuant to Section 3.03. Ton: "Ton" means a short ton of 2,000 pounds avoirdupois. Transformation: "Transformation" means incineration, pyrolysis, distillation, or biological conversion other than Composting and does not include Composting, gasification, biomass conversion or "wet" or "dry" Anaerobic Digestion. Transformation Facility: "Transformation Facility" means a facility utilizing incineration, pyrolysis, distillation, or biological conversion other than Composting and does not include Composting, gasification, biomass conversion or "wet" or "dry" Anaerobic Digestion. [See Section 6.09 of the Agreement for the prohibition on use of Transformation Facilities for materials Collected within City.] Universal Waste (U -Waste): For purposes of this Agreement, "Universal Waste" or "U -Waste" means electronic devices not included in the definition of "Electronic Waste" in this Attachment A, including but not limited to common AA, AAA, C Cell and D Cell batteries; fluorescent tubes and bulbs and other mercury containing lamps (including high intensity discharge [HID], metal halide, sodium and neon bulbs); mercury containing devices such as thermostats, switches, thermometers, and relays (including those found in pre -1972 washing machines, sump pumps, electric space heaters, clothing irons, and silent light switches); pilot light sensors from gas appliances; mercury gauges from barometers, manometers, blood pressure and vacuum gauges; mercury -added novelty items such as greeting cards that play music when opened, athletic shoes with flashing lights in the soles, and mercury maze games; emptied aerosol cans that contain hazardous materials, and other such items that are banned from Disposal in a landfill. (The parties acknowledge and agree that this definition may differ from that in current state law and regulations.) Wastewater Treatment Plant: "Wastewater Treatment Plant" means a municipal or privately owned wastewater treatment plant (also known as a "WWTP" or a "POTW") at which Food Scraps that have been mixed with liquid to create a bioengineered feedstock, are added to a digester to enhance production of methane or other biogas to be used to create energy. Wood: "Wood" means all non -hazardous wood material that is not painted with lead-based or other paints containing materials identified as hazardous waste, or treated with creosote or other hazardous materials. Wood includes, but not limited to, tree branches and other wood trimmings, dimensional lumber and other pieces of wood generated during the manufacture or processing of wood products, wood generated as part of the harvesting or processing of raw woody crops, and the wood debris from construction and demolition activities. Yard Trimmings: "Yard Trimmings" means tree and shrub trimmings, grass cuttings, leaves, branches, and similar materials. Attachment A Page 11 of 11 Attachment B Scope of Work Attachment B Scope of Work Page 1 of 65 Attachment B Table of Contents SECTION 1; GENERAL REQUIREMENTS............................................................................................. 5 1.1. General Requirements for Collection and Billing................................................................... 5 1.1.1 Customer Billing.............................................................................................................................................................. 5 1.1.2 Residential, Commercial and Multi -Family Billing..................................................................................... 6 1.1.3 Roll Off Box Customer Billing................................................................................................................................... 6 1.1.4 Review of Billings............................................................................................................................................................ 7 1.1.5 Billing Records and Access By City....................................................................................................................... 7 1.1.6 Billing For Shared Containers................................................................................................................................. 7 1.2 Changes in Collection Services....................................................................................................... 7 1.3 Changes in Scheduled Days of Collection................................................................................... 8 1.4. Containers for the Collection of MSW and Recyclable Materials ............................................. 8 1.4.1 Container Color Coding and Labeling................................................................................................................. 9 1.4.2 Containers for Residential Premises.................................................................................................................11 Food Scraps at Multi -Family Complexes..........................................................................................................27 1.4.3 Containers for Multi -family Complexes, Commercial and Business Establishments, and 2.3.5.4 Gated Develop ments/HOA's/Mobile Home Parks......................................................................................28 CityFacilities...................................................................................................................................................................12 1.5 Proposals for New Diversion Programs.................................................................................. 12 1.6 State Law Requirements............................................................................................................... 12 1.7 Diversion Program Implementation Tracking..................................................................... 18 SECTION 2; RESIDENTIAL COLLECTION SERVICES......................................................................19 2.1 Basic Level of Service............................................................................................................................ 19 2.2 MSW Collection........................................................................................................................................ 19 2.3 Recycling Services.................................................................................................................................. 19 2.3.1 Optional City -Directed Residential Premises Source Separated Food Scrap Collection Program...............................................................................................................................................................................................19 2.3.2 Optional Program for Co -Collection of Yard Trimmings and Food Scraps at Single Family Residences..........................................................................................................................................................................................21 2.3.3 Optional City -Directed Bi -Weekly Collection of Residential MSW..................................................21 2.3.4 Monitoring of Residential Collection......................................................................................................................22 2.3.5 Multi-family............................................................................................................................................................................22 2.3.5.1 Basic Level of Service..................................................................................................................................................22 2.3.5.2 MSW Collection..............................................................................................................................................................23 2.3.5.3 Diversion Services........................................................................................................................................................23 2.3.5.3.1 Single Stream and Single -Material Recyclable Materials Collection (AB 341 Program). 23 2.3.5.3.2 Yard Trimmings and Wood Collection Program (AB 1826 Program)....................24 2.3.5.3.3 Optional City -Directed Source -Separated Multi -Family Food Scrap Collection Program(SB 1383 Program)......................................................................................................................................25 2.3.5.3.4 Optional City -Directed Program For Co -Collection of Yard Trimmings and Food Scraps at Multi -Family Complexes..........................................................................................................27 2.3.5.3.5 Monitoring of Multi -Family Programs........................................................................................27 2.3.5.4 Gated Develop ments/HOA's/Mobile Home Parks......................................................................................28 Attachment B Scope of Work Page 2 of 65 2.4 Back Yard/Side Yard Wheel -Out Service....................................................................................... 29 SECTION 3; COMMERCIAL AND BUSINESS ESTABLISHMENT PREMISES SERVICES ........... 30 3.1 Basic Level of Service............................................................................................................................ 30 3.2 MSW Collection........................................................................................................................................ 30 3.3 Diversion Services.................................................................................................................................. 31 3.3.1 Single Stream Recyclable Materials and Single -Material Recyclables Collection (AB 341 Program).............................................................................................................................................................................................31 3.3.1.1 Monitoring of Commercial and Business Establishment Single Stream, Single -Material Recycling, and Yard Trimmings and Wood Programs...............................................................................33 3.3.2. Source -Separated Commercial Food Scrap Collection (AB 1826 Program)...................................33 3.3.2.1 Monitoring of Business and Commercial Establishments Food Scrap Collection Programs. 36 3.3.3 Commercial Yard Trimmings and Wood Collection Program (AB 1826 Program) ...............37 3.3.3.1 Optional City -Directed Program For Co -Collection of Yard Trimmings and Food Scraps at CommercialCustomers...........................................................................................................................................38 3.3.4 Required Tasks For Implementation of Diversion Programs...........................................................38 3.4 Other Services To Be Provided.......................................................................................................... 43 3.4.1 Manual Can Service............................................................................................................................................................43 3.4.2 Business Recycling Plans...............................................................................................................................................43 3.4.3 MSW Collection at Bus Stops and Benches..........................................................................................................43 3.5 Changes in Collection Services........................................................................................................... 44 3.6 Consultations and Technical Assistance........................................................................................ 45 3.6.1 Customer Consultations............................................................................................................................................45 3.6.2 City and Developer Consultations.......................................................................................................................45 3.7 Waste Characterizations, On -Site Field Container Contamination Audits and Third Party Assessment of Phase 1 & 2 Performance Metrics................................................................... 45 3.8 Temporary Bin and Roll -Off Services.............................................................................................. 46 3.9 Construction and Demolition Debris Recycling.......................................................................... 46 3.10 Other Services....................................................................................................................................... 50 3.11 City Facilities and Events Collection Services............................................................................ 51 3.11.1 Collection Services at City Facilities.............................................................................................................51 3.11.2 Collection Services For City Operations and at City Events...........................................................51 3.11.3 Additional Collection Services For City.....................................................................................................52 3.11.4 Collection of MSW, Recyclable Materials in Specified City Parks..............................................52 3.12 Scout Service..................................................................................................................................... 52 SECTION 4; SPECIAL SERVICES......................................................................................................... 53 4.1 Bulky Goods Collection Services....................................................................................................... 53 4.2 Collection of Appliances Containing Freon................................................................................... 53 4.3 Holiday Greenery Collection and Recycling.................................................................................. 54 4.4 Electronic Waste and Universal Waste Collection...................................................................... 54 4.5 Household Hazardous Waste, E -Waste, & U -Waste Drop-off Events .................................... 56 4.6 Emergency Services............................................................................................................................... 57 Attachment B Scope of Work Page 3 of 65 4.7 Semi-Annual Mulch/Compost Giveaway........................................................................................ 57 4.8 Sharps Collection and Management Program.............................................................................. 58 SECTION 5; PUBLIC INFORMA TION AND CONSUMER EDUCATION......................................... 59 5.1 General....................................................................................................................................................... 59 5.2 Notice to Residents................................................................................................................................. 59 5.3 Notice to HOAs and Property Managers......................................................................................... 59 5.4 Billing Inserts, Coupons; Website..................................................................................................... 60 5.3 Brochure for Commercial and Business Establishments......................................................... 60 5.4 Non -Bill Mailing Lists............................................................................................................................ 60 5.5 Procedure For Observation and Issuance of Contamination Notices to Customers....... 61 5.6 Website....................................................................................................................................................... 64 5.7 Seminars, Workshops, Presentations, Meetings......................................................................... 65 Attachment B Scope of Work Page 4 of 65 SECTION 1: GENERAL REQUIREMENTS 1.1. General Requirements for Collection and Billing. The Contractor shall (A) collect and Recycle all Recyclable Materials which are placed for Collection at Residential, Multi -Family, gated developments, HOA's, mobile home parks, Commercial and Business Establishments and at City Facilities and events at which the MSW, Yard Trimmings/Wood and/or Recyclable Materials are generated and (B) shall collect, transport and dispose of all Municipal Solid Waste (MSW). Contractor shall also be responsible for billing and collecting payment from Customers for services rendered pursuant to the Agreement, as more fully described in this Section. This contract scope has been framed with a cost sensitive phased approach to the 75% statewide diversion mandate of AB 341 (PRC Section 42649-42649.7), AB 1826 (PRC Section 42649.8-42649.87), and SB 1383 (PRC 42652-42654), as well as compliance with, other recent legislation as described in Section 1.06 of this Attachment B. Each of the Recycling and Diversion services are described below and are also identified by the specific Diversion Programs System (DPS) code developed and used by CalRecycle. 1.1.1 Customer Billing. Contractor shall prepare and mail bills to all customers and shall be solely responsible for following all prudent business practices for collection of payments from Customers. Contractor shall never bill for services not verifiably rendered; if a billing error is made for a service that was not provided then Contractor shall provide a timely refund or credit to the Customer. If Contractor makes an error and fails to bill a Customer for services provided over an extended period of time, Contractor shall only be able to recover payment for the most recent three (3) months of services provided. In such event, Contractor shall discuss the situation with the Customer, issue a bill for up to three (3) months of services provided, and allow the Customer sixty (60) days to pay the bill. Contractor shall prepare bills for all Customers that clearly and accurately list rates in effect at the time services were provided or for the time period in which services will be provided. Bills shall fully explain and display all calculations of each charge. Such charges shall be at the rates in Attachment D as adjusted for inflation per Article 12 of the Agreement. Contractor shall initially resolve any disputes related to charges to Customers. In the event Contractor cannot resolve a dispute, City may, at its option, review the matter and make a decision. In this event, the decision of the City shall be final. [The following paragraph will be included in the Agreement if the selected Contractor is not the incumbent] "Contractor shall work cooperatively with City and the City's prior contractor to ensure a seamless and smooth transition of Customer billing such that no gaps in billing and no double -billing of Customers occurs. Contractor shall make all reasonable efforts to determine whether all Customer deposits paid to the prior contractor are either applied to charges for Customer services provided by the Attachment B Scope of Work Page 5 of 65 prior contractor, or returned to the Customer. In the event of a dispute with the prior contractor, Contractor shall work with City and shall take direction from City, as to the course of action to pursue. " Contractor shall submit to City, sixty (60) days prior to its use, a draft of bill format(s) and a line item description for each charge, together with an example of a completed bill for an individually -serviced Residential Premises, a centrally -billed Multi -family Premises, a Commercial and Business Establishment with Recycling Collection services, and a temporary Roll Off Box service for review and approval. Contractor shall also, at the same time as submittal of the draft above, submit a draft of a conveniently -sized listing of services and maximum rates in effect that may be distributed to, and retained for reference by, all Customers. Once approved by City, the brochure on services and rates shall be mailed to all customers at least thirty (30) days in advance of the commencement of Collection operations which will be on April 1, 2019. In the event of Customer non-payment of bills, Contractor shall be responsible for collecting delinquent charges for services it renders to Customers. Contractor may employ measures, consistent with federal and California laws regulating the collection of debts, to obtain payment of charges including use of its own employees to obtain judgments in Small Claims Court and to enforce such judgments. If Contractor has not received payment within forty-five (45) days of issuance of a bill, Contractor may issue a written notice that it will stop service within fourteen (14) calendar days. Contractor shall notify City of its intent to issue such a notice at least 5 days prior to sending the notice. If no payment is made, Contractor may remove Carts and/or other Containers that Contractor has provided to the Customer. If City has evidence or other information as to why service should not be stopped, City will confer with Contractor. The decision of City as to whether or not service may be terminated shall be final. Contractor may charge the Resumption of Service Charge in Attachment D once delinquent Customers with terminated service have paid their account in full. 1.1.2 Residential, Commercial and Multi -Family Billing. Contractor shall invoice Residential Customers on a quarterly basis. Whether Customers will be billed in arrears or in advance will be determined as part of the transition discussions between the City and Contractor prior to the start of operations. The decision of the City will be final. Contractor shall invoice Commercial and Multi -Family customers on a monthly basis, based upon the size of their Containers and the frequency of Collection, at the rates listed in Attachment D. In the event of non-payment of a bill, Contractor shall follow the procedures described in Section 1.01.1 of this Attachment B. 1.1.3 Roll Off Box Customer Billing. Contractor shall accept major credit cards for payment for permanent and temporary Roll Off Box service. For any Customer electing not to pay with a credit card, Contractor Attachment B Scope of Work Page 6 of 65 may (a) invoice monthly, or semi-monthly in arrears with payment due within fifteen (15) or thirty (30) days from the invoice date (i.e. the beginning of the month or the inception of service); or (b) require Customer to post a security deposit or pay on a "Cash on Delivery" (COD) basis. Any unused portion of a security deposit shall be refunded to the Customer within five (5) business days of the termination of service. Delinquent accounts shall be handled as described in Section 1.01.1 of this Attachment B. 1.1.4 Review of Billings. Contractor shall review and audit all amounts billed to each Customer to compare the amount being charged with the level of service, including the size(s) of Container(s) and the frequency of service, on an annual basis beginning in July 2019. Contractor shall submit a written report to City documenting the results of the audit and noting any discrepancies identified and the date upon which the discrepancies were corrected. The report shall be submitted by July 31 during each year of the Term beginning in 2019. 1.1.5 Billing Records and Access By City. Contractor shall maintain copies of all billing records and receipts, in chronological order, for the entire Term of the Agreement, for inspection by the City upon request. The Contractor may maintain these records in electronic form or hard copy, provided records can be preserved and retrieved for inspection and verification in a timely manner, are sufficient to verify accuracy of all billings, payments of the State -Mandated Regulatory Compliance Costs and any City other fees, and may be produced in a form and manner sufficient to establish the existence of customer obligations in a court of law. 1.1.6 Billing For Shared Containers. Contractor shall, at Customer request, divide the rate for a single Container between Customers that are sharing said Container for MSW, Recyclable Materials, Yard Trimmings and/or Food Scraps (including Containers for co -collected Yard Trimmings and Food Scraps if and when implementation of that program is directed by City). Contractor shall issue separate monthly bills to each Customer for their proportionate share of the rate listed in Attachment D for the size of Container and for the type and frequency of service being provided. Contractor shall provide such billing for shared Containers at no additional charge to the Customers requesting this service. L2 Changes in Collection Services. Contractor shall be responsible for: (A) establishing services for new Customers; (B) stopping services and preparing a final billing on a pro rata basis for a Customer permanently discontinuing service; (C) suspending services at an individually -billed Residential Premises or Commercial and Business Establishments one time in a Attachment B Scope of Work Page 7 of 65 calendar year for a period of 60 calendar days for temporary vacation stops. During temporary vacation stops, the Customer shall incur no charges for Collection services not provided and, if Customer is due a refund and/or credit, Contractor shall a timely refund or credit to the Customer for payment made in advance of temporary vacation stops. Temporary vacation stops must be for a minimum of thirty (30) days. If a temporary vacation stop request exceeds 60 calendar days, Contractor may arrange to pick-up the Containers from the Customer and require the Customer to restart service as the account will be considered discontinued; (D) accommodating modifications in the weekly frequency of Collection services for Multi Family, Gated Developments, HOAs, and Mobile Home Parks and Commercial and Business Establishments on an as - needed basis and will reduce MSW service as Recycling, Yard Trimmings/Wood, and/or Food Scrap Collection is implemented. Contractor shall, for approval of City, develop a procedure and confirmation form to document requests for commencement and termination of, and changes in, service. Customers shall be provided a copy of confirmation form noting effective date of start- up, change, suspension or termination of Collection services and other pertinent details, such as date of issuance of refund for services not provided but for which Customer has paid. L3 Changes in Scheduled Days of Collection. Once a schedule of Collection days for MSW, Yard Trimmings/Wood, Recyclable Materials, (and Food Scraps or co -collection of Yard Trimmings and Food Scraps if and when directed by City) has been established for Residential Premises, including gated developments, HOAs and mobile home parks, the schedule shall not be changed without the prior written approval of City. Contractor shall request approval from City ninety (90) days prior to planned change in a scheduled day of Collection for Residential Premises. As a condition of approval of such a change, City may require Contractor, at Contractor's sole expense, to notify residents of the change by first-class postage. All details and scheduling of such notice shall be subject to approval by the City. Scheduled Collection days for MSW, Yard Trimmings/Wood, Recyclable Materials, (and Food Scraps or co -collection of Yard Trimmings and Food Scraps if and when directed by City) may be changed at the request of the occupant or Authorized Customer Representative of any Commercial and Business Establishment, gated development, HOA, mobile home park or Multi -Family Premises, without the approval of City. In the event a disagreement arises between Contractor and a Customer at Commercial and Business Establishments or Multi -family Premises, the City will determine the final schedule of Collection days. L4. Containers for the Collection of MSW and Recyclable Materials. Contractor shall be responsible for furnishing all Containers as detailed in Sections 1.04.1, 1.04.2, and 1.04.3. Prior to the commencement of collection operations on April 1, 2019 Contractor shall survey all Residential Customers to determine the size of Cart they prefer for each material. Contractor shall send a two-part postcard to each Attachment B Scope of Work Page 8 of 65 Residential Customer requesting they mail back the postcard with their choice of 35 gallon, 65 gallon or 90 gallon Cart size for each of the following materials: MSW, Single Stream Recyclable Materials and Yard Trimmings/Wood. (NOTE: Customers shall also be offered the choice of a twenty (20) gallon MSW Container.) Contractor shall also coordinate with City to remind Customers about making this choice by use of the City and Contractor's websites and all available City and Contractor print and social media. If Customer makes no Cart size selection for one or more of the materials, Contractor shall provide the default size of a 90 gallon Cart for Residential Single Stream Recyclable Materials, Residential Yard Trimmings, and MSW. The postcard mailed to Residential Customers shall explain the default size for Residential Single Stream Recyclable Materials, Yard Trimmings and MSW and inform Customers as to how to request different sized Containers. Contractor shall purchase and distribute the new wheeled Carts described in Attachment E. If necessary and directed by City, Contractor shall collect all of the old wheeled Carts and shall make arrangements for them to be either recycled or reused. Contractor shall provide City a schedule and plan for Cart distribution and collection of the old Carts at least sixty (60) days before the distribution begins. All of the existing (old) wheeled Carts shall be replaced with the new as described in Attachment E, on or before April 1, 2019. During the entire Term of the Contract, Contractor shall maintain an adequate inventory of Containers to fulfill and meet all needs of its Customers. Meeting the needs of its Customers includes the repair and replacement of all Containers that are broken, damaged, tagged with graffiti, lost, or stolen. The repair, refurbishment and replacement of Containers shall be at the sole expense of the Contractor. The Contractor shall submit, on a monthly basis, a report showing the inventory of all Containers as well as a record of the replacement and repair schedule for the prior thirty (30) days. Upon Customer request, Contractor shall allow Customers to switch to a different sized Cart for MSW, Single Stream and/or Yard Trimmings/Wood materials. Such a change may only be requested by Customer one time each calendar year. 1.4.1 Container Color Coding and Labeling. Contractor shall replace all Carts, Bins and all non -Customer -owned compactors in City (residential, commercial and all other Customers for all types of materials and MSW) before April 1, 2019. The base of all Containers will be greenstone. The lids of all Containers will be consistently color -coded as follows. The color -coding scheme for all Residential Carts shall be black for MSW Carts, green for Yard Trimmings Carts, gray for Single Stream Recyclable Materials Carts and brown for Food Scrap Carts (if and when City directs implementation of a source -separated Food Scrap Collection Program as described in Section 2.3.1 of this Attachment B). In the event City directs implementation of the co -collection of Food Scraps and Yard Trimmings from Residential Premises during the Term (as described in Section 2.3.2) of this Attachment B), the residential food scraps will be placed into the Yard Trimmings/Wood Cart. The base of all Containers will be greenstone. The lids of all Containers will be Attachment B Scope of Work Page 9 of 65 consistently color -coded as follows. The color -coding scheme for all Multi -Family Carts shall be black for MSW Carts, green for Yard Trimmings Carts, gray for Single Stream Recyclable Materials Carts and brown for Food Scrap Carts (if and when City directs implementation of a source -separated Food Scrap Collection Program at Multi -Family Premises as described in Section of this Attachment B). In the event City directs implementation of the co -collection of Food Scraps and Yard Trimmings from Multi - Family Premises during the Term (as described in Section 2.3.5.3.4 of this Attachment B), the Multi -Family Food Scraps will be placed into the Yard Trimmings/Wood Cart. The color -coding scheme for all Multi -Family Carts shall be the same as for Residential and Commercial Carts. The color -coding scheme for all Commercial Carts shall be the same as for residential and Multi -Family Carts. The color -coding scheme for Multi -Family Bins shall be insert selected proposer's brand color for MSW Bins] for MSW Bins, insert selected proposer's brand color for Yard TrimmingsMood Bins]for Yard Trimmings/Wood Bins, and insert selected proposer's brand color for Single Stream/Single Materia/ Recyc/ab/es Bins] for Single Stream Recyclable Materials Bins. The color -coding scheme for Commercial Bins shall be insert selected proposer's brand color for MSW Bins] for MSW Bins, insert selected proposer's brand color for Yard TrimmingsMood Bins]for Yard Trimmings/Wood Bins, and insert selected proposer's brand color for Single Stream/Single Materia/ Recyc/ab/es Bins] for Single Stream Recyclable Materials Bins. The color -coding scheme for all Roll Off Boxes shall be [insert selected proposer's brand color for MSW Boxes here] for MSW Boxes, [insert selected proposer's brand color for source -separated Yard Trimmings Boxes here] for Yard Trimmings/Wood Boxes, [insert selected proposer's brand color for Single Stream materials Boxes here] for Single Stream Recyclable Materials Boxes and [insert selected proposer's brand color for source -separated Food Scrap Boxes and compactors here] for Food Scrap Boxes and compactors. Roll Off Boxes designated for Single Stream and/or Single Recyclable Materials Collection and Yard Trimmings/Wood Collection shall be prominently labeled as such (e.g. "Recyclable Materials Only", "Yard Trimmings/Wood Only") either with permanent lettering or with removable magnetic signage on each side. Roll Off Boxes and Contractor -owned compactors for Food Scraps shall be prominently labeled "Food Scraps Only" either with permanent lettering or with removable magnetic signage on each side. The color -coding scheme for temporary Commercial Bins shall be the same as the color scheme for Commercial Bins. All Carts shall be uniform in color with lids of the color described in this section. All new Containers shall have messages/graphics on the exterior (or the underside of the lid on Attachment B Scope of Work Page 10 of 65 Carts and Bins) designed to remind Customers of what can or cannot be discarded into each type of Container. City shall have final approval of the text/graphics. Contractor shall submit the order(s) for new Containers to City for review and approval at least thirty (30) days prior to ordering the Containers required herein. All Carts provided by the Contractor pursuant to this Contract shall meet the detailed specifications contained in Attachment E. All Carts will be identifiable with a unique serial number located on the Cart that is assigned to the collection location and address that it services. A complete and current list of the serialized containers will be available to City personnel for use on an "as needed" basis. Contractor shall continue to utilize the herein -described color - coding scheme for all Containers used in City through the remainder of the Term unless otherwise directed by City. 1.4.2 Containers for Residential Premises. Contractor will provide each Customer with three (3) Carts for Residential Premises basic level of service: one (1) MSW Cart with a black lid (of the size requested by the Customer), one (1) Recycling Cart with a gray lid (of the size requested by the Customer), and one (1) Cart for Yard Trimmings with a green lid (of the size requested by the Customer) for the rates set forth in Attachment D. Carts shall be of the specified sizes plus or minus ten percent (10%) (e.g. a 65 gallon cart may be a 64 gallon cart). Contractor shall provide up to two (2) additional Recycling Carts with gray lids at no additional charge over and above the basic level of service. Contractor shall charge Customers the rate in Attachment D, upon the Customer's request for the fourth (4th) additional Recycling Cart with a gray lid and upon the Customer's request for a third (3rd) additional Cart for Yard Trimmings with a green lid. If Customer requests an additional MSW Cart with a black lid, Contractor shall provide such additional Carts at the rate set forth in Attachment D. Contractor will provide a choice of a thirty-five (35) gallon, sixty-five (65) gallon, or ninety (90) gallon Recycling Cart sizes to Customer upon any request for an additional Cart or a Cart replacement. At any time a Cart is distributed to a Residential Premises, Contractor shall also deliver to the Residential Premises an informational brochure (DPS code 5010 -ED -PRN), describing the Single Stream curbside Recycling program (DPS code 2000-RC-CRB) and the Yard Trimmings/Wood Recycling program (DPS code 3000-CM-RCG). The brochure shall include a listing in detail of all types of Recyclable Materials and Yard Trimmings/Wood that will be collected and how they are to be prepared, items to include and exclude for each Recycling program, days of Collection and other pertinent information. An updated version of this brochure shall be submitted to City for approval on or before January 20, 2019. Contractor shall provide the City -approved updated brochure whenever new Residential Carts are distributed to customers. City may direct that the brochure be periodically updated as needed, but not more often than once annually. All costs associated with the preparation of a professional, well formatted and designed brochure, including photographic examples of Recyclable Materials and Containers, costs of printing, labeling and mailing (first class postage) shall be borne by Contractor. Attachment B Scope of Work Page 11 of 65 1.4.3 Containers for Multi -family Complexes, Commercial and Business Establishments, and City Facilities. Contractor shall furnish the following carts to Customers: thirty-five (35) gallon, sixty-five (65) gallon, and ninety (90) gallon wheeled Carts with lids for MSW, Recyclable Materials, Yard Trimmings/Wood, and Food Scraps to Multi -Family, Commercial and Business Establishments and at City Facilities. The Carts shall meet the specifications listed in Attachment E and shall be color -coded as described in Section 1.04.1 of this Attachment B. For storage of MSW, Recyclable Materials, Yard Trimmings/Wood, and Food Scraps, Contractor shall also furnish one (1) cubic yard, one and one-half (1.5) cubic yard, two (2) cubic yard, three (3) cubic yard, four (4) cubic yard, six (6) cubic yard Bins; split two (2) yard Bins, split three (3) yard Bins, split four (4) yard Bins; three (3) yard bin compactors, and four (4) yard bin compactors; ten (10) cubic yard, twenty (20) cubic yard, thirty (30) cubic yard and forty (40) cubic yard Roll Off Boxes. Contractor shall provide Compactor pull service for Commercial and Business Establishments and City Facilities and Customers located at any of the above Premises may, at their sole discretion, lease and/or purchase Compactors from any Person, company, manufacturer, or distributor, including, but not limited to, Contractor for use at their Premises. Contractor shall provide repair and maintenance services at rates in Attachment D, to any Customer requesting such services for a Compactor whether or not said Compactor is owned by Contractor. As described in Section 7.04 B of the Agreement, City may direct Contractor to research the availability of fire retardant plastic Bins that meet all City, state and federal fire codes and standards, to reduce noise and to reduce the expense of Bin cleaning. Specific Containers shall be provided for each Diversion program as follows L5 Proposals for New Diversion Programs. Contractor shall, at no additional cost, within forty-five (45) days of each request by City, submit a written proposal on providing additional or expanded Diversion services. The proposal shall contain a complete description of the following: (A) Collection methodology to be employed; (B) equipment to be used and staffing requirements by number and classification; (C) type of Container(s) to be used; (D) informational/promotional campaign; (E) projection of annual operating costs and revenues (if applicable), including documentation of and support for key assumptions underlying projections. In the event City decides to proceed with implementation of such additional and/or expanded Diversion service(s), the provisions of Section 4.12 of the Agreement shall apply. L6 State Law Requirements. The parties agree that as of the Effective Date, state law is evolving rapidly and the exact solid waste diversion level(s) that the City must achieve during the Term are not yet known. For example, the following will not be finalized until after the Effective Date Attachment B Scope of Work Page 12 of 65 of this Agreement: Regulations for the implementation of SB 1383 (Sections 39730.5, 39730.6, 39730.7 and 39730.8 of the Health and Safety Code and Section 42652 of the Public Resources Code) requiring Diversion of fifty -percent (50%) of Food Scraps, Yard Trimmings/Wood from Disposal by 2020 and seventy-five (75%) by 2025, and requiring Diversion of a minimum of twenty percent (20%) of edible food for human consumption by 2025 as compared with 2014 baseline levels. All of these regulations are currently being developed by CalRecycle and the Air Resources Board and will not be finalized until after the Effective Date. In addition, CalRecycle is required to determine the statewide progress toward achievement of the overall seventy-five (75%) statewide diversion requirement contained in AB 341 (PRC Section 41730 et seq.) in 2019 so that assessment is not yet available. If the goal is not met, new regulations and/or new legislative requirements may be passed and/or promulgated. Also in 2019, CalRecycle will determine if additional diversion is required for small Food Scrap and Yard Trimmings/Wood generators pursuant to AB 1826 (PRC Section 42649.8 et seq.). It is the goal of the City to comply with the requirements of Public Resources Code Section 40000 et seq. (as it may be amended) and all rules and regulations promulgated in furtherance thereof; and to comply with the requirements of Health and Safety Code Sections 39730.5, 39730.67 39730.7 and 39730.8 and all other state requirements whether or not specifically listed herein. Therefore, the scope of work for the Contractor with regard to diversion programs indicates that Contractor will implement some programs only upon written direction from the City to commence the program. Table 1 — Required Programs and Implementation Levels & Schedules DPS Program Type Start Date Complete Implementation Monthly Target Code Implementation Requirements Recycling Programs All Residential Premises. No more than 20% by 2000- Residential weight Divertable RC- Curbside Single- 4/1/2019 Immediate Materials in the NA CRB stream Recyclable curbside MSW Materials stream by Dec 31, 2024 to earn Phase 2 1 -year extension Commercial 100% Commercial AB Approximately 6 Single -stream 341 compliance levels Approximately 200 new accounts Recyclable 4/1/2019 by March 31, 2022 to new accounts implemented per 2030- Materials achieve Phase 1 month RC- extension OSP Multi -family 100% Multi -family AB Approximately 3 Single -stream 4/1/2019 341 compliance levels Approximately 88 new accounts Recyclable by March 31, 2022 to new accounts implemented per Materials achieve Phase 1 month Attachment B Scope of Work Page 13 of 65 DPS Program Type Start Date Complete Implementation Monthly Target Code Implementation Requirements extension 2070- Special Collection RC- Seasonal 4/1/2019 Immediate NA NA SNL 2080- Special Collection RC- Events 4/1/2019 Immediate NA NA SPE 2090- RC- Other recycling TBD TBD TBD TBD OTH Food Scrap and Yard Trimmings Diversion Programs 3000- Residential CM- Curbside Source- 4/1/2019 Immediate All Residential NA RCG separated Yard Premises Trimmings Commercial On- site Source - Sufficient levels to separated Yard provide AB 1826 3020- Trimmings customers without CM- Collection 4/1/2019 Phased landscapers AB NA Multi -family COG 1826 compliance Source -separated (an estimated 20% On-site Yard of generators) Trimmings Collection Single-family As directed All Residential Residential Food by the City. Premises. No more Scraps - Source- Estimated December 2024 than 10% (by 3040- Separated before (specific collection weight) yard CM- January 1, system is at the sole trimmings/food N/A FWC Single-family 2022, per discretion of the City) scraps in the Residential Food SB 1383 curbside MSW Scraps — Co- draft stream by Dec 31, collection regulations 2024 to achieve Phase 2 extension Commercial Source -separated 4/1/2019 100% Tiers 1 — 4 AB Food Scraps 1826 compliance by Approximately 260 Average of 7 Commercial Co- Co- collection March 31, 2022 to new organics organics generators collected Food optional, as achieve Phase 1 generators added per month Scraps and Yard directed by extension 3040- Trimmings the City CM- Multi -family Program FWC Source -separated type as Average of 4 multi - Food Scraps directed by 100% SB 1383 Approximately 268 family organics the City, compliance by new multi -family generators added Multi -family Co- before December 31, 2024 in per month (8 per collected Food January 1, order to achieve organics generators month if outreach Scraps and Yard 2022, per Phase 2 extension efforts begin Trimmings SB 1383 4/1/2022) Special Waste Diversion Programs Attachment B Scope of Work Page 14 of 65 DPS Program Type Start Date Complete Implementation Monthly Target Code Implementation Requirements 4030- SP- White Goods 4/1/2019 Immediate NA NA WHG 4040- SP- Scrap Metal 4/1/2019 Immediate NA NA SCM 4050- SP- Wood waste 4/1/2019 Immediate NA NA WDW 4060- Concrete, Asphalt, SP- and Rubble 4/1/2019 Immediate NA NA CAR 4070- SP- Disaster debris As Needed As Needed NA NA DSD 4100- Other special SP- waste TBD TBD TBD TBD OTH Education 5000- Electronic ED- outreach 4/1/2019 Immediate Per the Agreement NA ELC 5010- ED- Print outreach 4/1/2019 Immediate Per the Agreement NA PRN 5020- Two (2) Full Time ED- Outreach 4/1/2019 Recycling Per the Agreement Per the Agreement OUT Coordinators MRFing Programs 7000- Immediate Through FR- Clean MRF 4/1/2019 end of Term TBD TBD MRF Food Scrap and Yard Trimming Processing Facilities Composting As needed to Facility — As directed As directed by City service Yard No more than 10% Residential Yard by City Trimming Contamination Trimmings Diversion Composting As needed to Facility — service Co - Residential Co- As directed As directed by City collected Yard No more than 10% collected Yard by City Trimmings and Contamination 7030- Trimmings and Food Scrap Food Scraps Diversion FR- CMF Composting As needed to Facility — As directed As directed by City service Food No more than 10% Residential Food by City Scrap Diversion Contamination Scraps Composting As needed to Facility — service Co- Commercial/Multi- As directed As directed by City collected Yard 0 No more than 10/o family Yard by City Trimmings and Contamination Trimmings Food Scrap Diversion Attachment B Scope of Work Page 15 of 65 DPS Program Type Start Date Complete Implementation Monthly Target Code Implementation Requirements Composting As needed to Facility — service Co- Commercial/Multi- As directed collected Yard No more than 10% family Co- by City As directed by City Trimmings and Contamination collected Yard Food Scrap Trimmings and Diversion Food Scraps Composting Facility — As directed As needed to 0 No more than 1/o Commercial/Multi- by City As directed by City service Food Contamination family Food Scrap Diversion Scraps Anaerobic As needed to Digestion (AD) As directed service Yard No more than 10% Facility — by City As directed by City Trimming Contamination Residential Yard Diversion Trimmings AD Facility — As needed to Residential Co- Co- service Co- collected Yard As directed As directed by City collected Yard No more than 10% Trimmings and by City Trimmings and Contamination Food Scraps Food Scrap Diversion AD Facility — As directed As needed to 0 No more than 10% 7030- Residential Food by City As directed by City service Food Contamination Scraps Scrap Diversion FR- CMF AD Facility — As needed to Commercial/Multi- As directed As directed by City service Yard No more than 10% family Yard by City Trimming Contamination Trimmings Diversion AD Facility — As needed to Commercial/Multi- service Co- family Co- As directed As directed by City collected Yard No more than 10% collected Yard by City Trimmings and Contamination Trimmings and Food Scrap Food Scraps Diversion AD Facility — As needed to Commercial/Multi- As directed As directed by City service Food No more than 10% family Food by City Scrap Diversion Contamination Scraps Bioengineered — As directed As needed to 0 No more than 10% Residential Food by City As directed by City service Food Contamination 7030- Scraps Scrap Diversion FR- Bioengineered— As needed to CMF Commercial/Multi- As directed As directed by City service Food No more than 10% family Food by City Scrap Diversion Contamination Scraps HHW 9010- HH- Mobile or periodic Immediate Through end of Term 2 collection events NA PMC collection per year 9045- HH - E-waste Immediate Through end of Term Curbside collection NA Attachment B Scope of Work Page 16 of 65 DPS Program Type Start Date Complete Implementation Monthly Target Code Implementation Requirements EWA 9050- HH- Other HHW Immediate Through end of Term Curbside collection NA OTH Attachment B Scope of Work Page 17 of 65 L7 Diversion Program Implementation Tracking. Contractor shall create, maintain and update the Red/Green Tracking Spreadsheet in Attachment K at least monthly during the Term and more frequently as needed. The purpose of the Red/Green Tracking Spreadsheet is to document all contacts made with Customers concerning implementation of Diversion programs, and Contractor's completion of the program implementation tasks listed in Section 3.03.4 of this Attachment B. Each Diversion program that is fully implemented and operating at a Customer's premises shall be coded in green on the spreadsheet. Each Customer premises that does not have each specific required Diversion Program (Collection of Single Stream and/or Single Material Recyclables, Food Scraps (if applicable), Yard Trimmings/Wood and any other required program(s)) fully implemented and operating as required by this Contract, shall be color -coded in red. Contractor shall make detailed notes in the Red/Green Tracking Spreadsheet about all Customer contacts (telephone, mail, e-mail, on-site meetings, observations and inspections) and all pertinent information on issues, problems, troubleshooting and solutions concerning program implementation at each Customer's location(s). The hard copy of the Red/Green Tracking Spreadsheet in Attachment K is the template and format that Contractor shall use to create the electronic version of the Red/Green Tracking Spreadsheet. On or before May 1, 2019 Contractor shall create a complete and up to date version of the electronic Red/Green Tracking Spreadsheet that lists all Commercial and Business Establishments and Multifamily complexes in the City. The status of each entry's program implementation in the spreadsheet shall be indicated and shall note actions taken and any next steps required for implementation and/or continuation of program operation. All tenants of Commercial and Business Establishments shall be identified and included in the listing as individual line items. For example, the Tustin District would be shown as the Master Account and individual tenants such as Ra Sushi, Bowlmore, Bar Louie, etc. would be listed in separate rows. The program implementation status for each of the tenants shall be shown in the spreadsheet on its individual line. Over time, new businesses will open and existing businesses will close or may change locations. As this occurs, Contractor shall notify City of changes made to the Red/Green Tracking Spreadsheet by noting thereon, the change in location, business, owner/manager, and new contact information. Contractor shall not delete any Customer or business from the Red/Green Tracking Spreadsheet without written approval by City. Contractor shall add new businesses that open within City and shall note such new additions to the spreadsheet to City in the monthly meetings and shall note the month and year the new business opened, on the spreadsheet. Attachment B Scope of Work Page 18 of 65 SECTION 2: RESIDENTIAL COLLECTION SERVICES 2.1 Basic Level of Service The basic level of service for a Residential Premises that is individually -serviced includes once weekly curbside Collection of: (A) MSW provided by automated Collection; (B) Single Stream Recyclable Materials provided by automated Collection (DPS code 2000-RC-CRB), (C) Yard Trimmings/Wood provided by automated Collection (DPS code 3000-CM-RCG), and other required programs identified in Table 1 Section 1.6 and in this Attachment B. City will allow exceptions to automated Collection upon receipt of a written request from Contractor if required due to space constraints, safety issues or other unusual circumstances. City's decision as to whether or not to allow manual Collection shall be final. During the Term, additional Residential homes will be constructed and occupied within City. Contractor shall fully implement the Single Stream Recycling program, the Yard Trimmings/Wood collection program, the Source Separated Food Scrap Collection Program or the co -collected Yard Trimmings/Wood and Food Scrap Program (if and when directed by City) and MSW collection at each new residence within thirty days of issuance of the Certificate of Occupancy by the City. 2.2 MSW Collection. The basic level of service for a Residential Premises that is individually -serviced is once weekly curbside Collection of MSW provided by automated Collection. Contractor shall also provide MSW Collection services to all Multi -family complexes, gated communities, HOA's and mobile home parks. 2.3 Recycling Services. Contractor shall provide the following Recycling services at Residential Premises. Contractor shall collect Single Stream Recyclable Materials in a vehicle collecting solely Single Stream Recyclable Materials to prevent Contamination of said materials. Contractor shall provide and use the Containers described in Section 1.4. Contractor shall process Single Stream Recyclable Materials (DPS code 7000 -FR -MRF) at the Clean MRF approved by City listed in Article 5 of the Agreement and arrange for sale of the Recyclable Materials. Contractor shall collect Yard Trimmings and Wood in a vehicle collecting solely Yard Trimmings and Wood to prevent Contamination of said materials. Contractor shall process Yard Trimmings and Wood (DPS code 7030 -FR - CMF) at the Yard Trimmings and Wood Processing Facility approved by City as listed in Article 5 of the Agreement. 2.3.1 Optional City -Directed Residential Premises Source Separated Food Scrap Collection Program. State law requires the City to provide a source separated Food Scrap program to all Attachment B Scope of Work Page 19 of 65 Single Family Premises on or before January 1, 2022. City will monitor development of the final SB 1383 regulations to determine if and when it would be in the best interest of City to have Contractor Collect source -separated Food Scraps at all Residential Premises. In the event City determines that such a program is desirable, City shall notify and meet with Contractor to coordinate implementation steps and a schedule for program initiation. The implementation steps described in this Section 2.3.1 of Attachment B for the source separated Residential Premises Food Scrap Collection program shall be followed by Contractor. In such event, Contractor shall charge the rates for the Residential Premises Source Separated Food Scraps program set forth in Attachment D. If and when directed by City, Contractor shall implement a source separated Food Scrap collection program at all Residential Premises in City. Contractor shall provide one thirty-five (35) gallon wheeled lidded cart (brown) in color and clearly labeled "Food Scraps Only") to each residence for storage of Food Scraps. If requested by Customer, Contractor shall provide one twenty (20) gallon Food Scrap Container in lieu of the thirty-five gallon Container. Contractor shall also provide each residence, at no additional charge, with a "Sure Close TM11 food scrap container for storage of Food Scraps in the kitchen as described in Attachment GG. Contractor shall prepare and distribute public education materials, customized to Residential Premises residents, simultaneously with the "Sure Close TM" containers. Said distribution shall be accomplished by going door-to-door to provide each residence with a "Sure Close TM11 container and accompanying public education materials, and discussing the new source separated Food Scrap program with occupants of each residence. Public education materials shall include an explanation and/or diagram showing how residents will store Food Scraps in the "Sure Close TM" Containers and then empty the contents into the wheeled cart. The materials will also clearly describe what Food Scrap materials are accepted in the program and what should be excluded. Public education materials shall be submitted to City for approval a minimum of ninety (90) days prior to printing and distribution. Contractor shall provide answers to residents' questions and shall also provide a method for residents to ask and receive answers to follow-up questions about the program via telephone, e-mail or text, and Contractor's web site. Contractor shall collect all Food Scraps from Residential Premises once per week on the same day as MSW, or at the City -approved optimized collection frequency and day of week proposed by Contractor insert City -approved optimized frequency description from selected proposer here]. Contractor shall Collect all Food Scraps in a separate Collection vehicle that collects only source separated Food Scraps and shall process the collected material at the City -approved Food Scrap Processing Facility described in Article 5 of the Agreement. (DPS 7030 -FR -CMF) Contractor shall prepare and distribute a second set of public education materials (brochure, postcards, refrigerator magnets etc.) six (6) months after program startup to remind all residents of the list of materials that can and cannot be accepted and to repeat the basic concepts of storage of Food Scraps in the Sure Close TM container and Attachment B Scope of Work Page 20 of 65 use of the wheeled cart. Such materials shall also include a list of frequently asked questions and contact information for Contractor for residents to ask further questions. Contractor shall submit the second set of Public Education materials shall be submitted to City for approval a minimum of thirty (30) days prior to printing and distribution. Contractor shall continue to prepare and distribute a set of public education materials as described herein, annually during the Term. 2.3.2 Optional Program for Co -Collection of Yard Trimmings and Food Scraps at Single Family Residences. City will monitor development of the final SB 1383 regulations to determine if and when it would be in the best interest of City to have Contractor co -collect Yard Trimmings with Food Scraps at Residential Premises. Unless and until City has made such determination, Contractor shall proceed with implementation of the individual residential Yard Trimmings/Wood program described in Section 2.3 of this Attachment B. If City has directed implementation of the source -separated Residential Food Scrap Collection program, Contractor shall also provide that program as described in Section 2.3.1 of this Attachment B. In the event City determines that a co -collection program is desirable, City shall notify and meet with Contractor to coordinate implementation steps and a schedule for program initiation. The implementation steps described in Section 2.3.1 for the Source Separated Residential Food Scrap collection program shall be followed if a co -collection program is implemented. As part of the program implementation, Contractor shall prepare a sample of labeling to be placed on existing Residential Yard Trimmings Carts to clearly indicate that both Food Scrap materials and Yard Trimmings will be placed in the newly labeled Carts. Labels shall comply with CalRecycle guidelines for labeling/signage for Food Scrap/Yard Trimmings co -collection programs. Contractor shall submit the draft labels to the City for approval. Upon receipt of the labels and approval by the City and after distributing the outreach material approved by City, Contractor shall arrange to attach the labels to all existing Residential Yard Trimmings Carts. In such event, Contractor shall charge the rates for the Residential Yard Trimmings and Food Scrap co -collection program set forth in Attachment D. 2.3.3 Optional City -Directed Bi -Weekly Collection of Residential MSW. It is anticipated that the implementation of Diversion programs will decrease the amount of MSW generated during the Term. At City direction, Contractor shall implement bi- weekly (every other week) Collection of Residential MSW on a City-wide basis. In such event, City will notify Contractor six (6) months in advance of the switch from weekly to bi-weekly Residential MSW Collection service. Contractor shall prepare public outreach materials to inform residents of the change and shall advertise the change on social media, Contractor's web site and by other appropriate means. Such materials shall include a calendar showing the Collection days and maps for each route for the coming (12) twelve month period. Contractor shall submit public education materials to City for approval a minimum of ninety (90) days prior to the change. Contractor shall mail City - Attachment B Scope of Work Page 21 of 65 approved public outreach materials to all residents affected by the change thirty (30) days prior to the first day of implementation of the new bi-weekly Collection system. Within the first six (6) months of the bi-weekly MSW Collection program, Residents shall be allowed to change the size of their MSW Cart one time (in addition to the once per year change described in Section 1.4 of this Attachment B). After the initial six (6) month period, the provisions of Section 1.4 of this Attachment B, allowing Residents to change their MSW Cart size one time per year, shall apply. Contractor shall charge the rates in Attachment D for the bi-weekly Collection of Residential MSW. 2.3.4 Monitoring of Residential Collection Contractor shall continuously monitor all Residential Collection programs as described in Section 2 (a) "Residential Curbside Field Contamination Audits" of Attachment N. If, at any time during the Term, the protocol in Attachment N shows that participation in the City -directed residential source -separated Food Scrap Collection program or, in the alternative, the City -directed co -collected Food Scrap and Yard Trimmings/Wood Collection program, has fallen below thirty-five percent (35%), Contractor shall repeat all steps and all tasks described above in this Section 2.3.1. of Attachment B for the source -separated Residential Food Scrap Collection program (or in Section 2.3.2 for the Residential Yard Trimmings/Wood and Food Scrap co -collection program) for initial program implementation including door-to-door outreach to all non -participating residents, re -supplying any residence that either does not have, or requests a Sure Close Food Scrap container, and simultaneously distributing program descriptions, FAA's, and other information on what types of Food Scraps are to be placed in the residential Food Scrap Carts. Contractor shall also utilize all available social media including but not limited to, Twitter, Facebook, Instagram, and Neighborhood Pop Up Events to raise awareness and increase participation in the program. 2.3.5 Multi -family 2.3.5.1 Basic Level of Service. The basic level of service for Multi -Family complexes that Contractor shall be provide includes once weekly Collection of: (A) MSW provided by a vehicle designed for MSW Collection; (B) Collection of Single Stream Recyclable Materials and Single -Material Recyclables (DPS code 2030 -RC -OSP); (C) Collection of Food Scraps, if directed by City (DPS Code 3040-CM-FWC); Collection of Yard Trimmings and Wood, as applicable (DPS Code 3020 -CM -COG) and other required programs identified in Table 1 Section 1.6. Collection shall be accomplished in a manner such that the flow of traffic shall not be impeded nor a threat to the public health or safety created. Contractor shall provide each of the service options for Collection of MSW, Recyclable Materials, Yard Trimmings, Wood and Food Scraps as described in Sections 2.3.5.3 — 2.3.5.8. Contractor shall provide the following Collection services for Multi -Family complexes: Attachment B Scope of Work Page 22 of 65 2.3.5.2 MSW Collection. Contractor shall provide MSW Collection services as follows: (A) regularly scheduled weekly MSW Collection service; (B) as -needed on-call Collection for Roll Off Boxes and Compactors and (C) additional pick-ups. On-call and additional pick-up requests may be made by Customer, Authorized Customer Representative or, in the case of Compactors so equipped, by automatic dial-up, other automated methods or electronic device that signals Contractor. Contractor shall provide service within twenty-four 24 hours of receiving a request, (provided that the request is made prior to two o'clock p.m. (2:00 p.m.) of the collection day) and shall charge the rates as established in Attachment D for on-call pickups and additional pickups. Contractor's staff, including Contractor's two Recycling Coordinators, shall work with City and City's agents to determine which MSW service is best suited to each Multi - Family complex in order to maximize Recycling and Diversion. In the event of a disagreement between the parties as to the type of service to be provided to a Multi - Family complex, the decision of the City shall be final. Contractor shall provide Containers as described in Section 1.4.3 to Multi -Family complex for storage and Collection of MSW at the rates in Attachment D. Customers may, at any time, adjust the frequency of Collections, the size(s) of Containers, the type(s) of Containers and/or the number of Containers for the storage and Collection of MSW. 2.3.5.3 Diversion Services Contractor shall provide the following Diversion services at Multi -family complexes. Contractor shall provide Recyclable Materials Collection at Multi -family complexes (DPS code 2030 -RC -OSP). Each Multi -Family Customer shall be offered Collection of Single Stream Recyclable Materials and Single -Material Recyclables. Contractor shall provide separate Bin(s) or wheeled Carts (as identified in Section 1.4.3 of this Attachment B and in Attachment E) for Collection of Single Stream Recyclable Materials and, if applicable, Single -Material Recyclables. Contractor shall provide Yard Trimmings/Wood collection, as needed. Contractor shall provide Food Scrap collection or Food Scrap and Yard Trimmings Co -collection, if and when directed by the City. All Contamination percentage limits listed for Diversion programs described in this Attachment B (e.g. maximum of twenty percent (20%) Contamination in MSW Containers, maximum of ten percent (10%) Contamination in Recyclable Materials Containers, and maximum of ten percent (10%) Contamination in Yard Trimmings/Wood and Food Scrap Containers, shall be measured and calculated pursuant to the protocol in Article 6 and Attachment N of the Agreement. 2.3.5.3.1 Single Stream and Single -Material Recyclable Materials Collection (AB 341 Program). State law requires all Multi -Family complexes to arrange for recycling services for Recyclable Materials by July 1, 2012. State law requires the City to provide a recycling Attachment B Scope of Work Page 23 of 65 program for collection of Recyclable Materials at all Multi -Family complexes on or before July 1, 2012. (AB 341, PRC Section 42649 et seq.) Contractor's Recycling Coordinators, in consultation with the City, will prepare a "Recycling Plan" for each Multi -Family complex (DPS 2030 -RC -OSP) for both Single Stream/Single Material Recyclable Materials and for Yard Trimmings/Wood as described in Section 3.3.4 of this Attachment B. Contractor shall provide Recyclable Materials Collection at all Multi- family complexes (DPS code 2000-RC-CRB). Each complex shall be provided Collection of Single Stream Recyclable Materials and, if applicable, Single -Material Recyclables. Contractor shall provide separate Bin(s) or wheeled Carts (as identified in Section 1.4.3 of this Attachment B and in Attachment E) for Collection of Single Stream Recyclable Materials and, if applicable, Single -Material Recyclables. Contractor shall collect Single Stream Recyclable Materials and Single -Material Recyclables in a vehicle collecting solely Single Stream Recyclable Materials, and Single -Material Recyclables, to prevent Contamination of said materials. Collection shall be provided at least weekly, with more frequent Collection as required to prevent overflow of materials from Containers. Collected Recyclable Materials shall be processed at the City -approved Clean MRF listed in Article 5 of the Agreement (DPS code 7000 -FR -MRF). Once Multi- family complexes have begun Single Stream/Single-Material Recycling service, Contractor shall continue to provide MSW collection service adjusted for reduced service levels to complement the introduction of the separate collection of Recyclable Materials, as described in Section 3.3.4 of this Attachment B. Contractor shall provide to Customers the appropriate sized Container, or combination of Containers as listed herein. In implementing a Single Stream and/or Single -Material Recycling Program at a Multi - Family complex, Contractor shall complete all the tasks listed in Section 3.3.4 of this Attachment B. A Single Stream and/or Single -Material Recycling Program at a Multi -Family complex will be considered "implemented" if Contractor has completed all the tasks described in Section 3.3.4 of this Attachment B and if the fully implemented program is observed to be in full and successful operation during the audit by City. City will perform the audit to determine Contractor's compliance with the requirements of this Section, as described in Article 6 of the Agreement. During the Term additional Multi -Family complexes will be constructed and occupied within City. Contractor shall fully implement a Single Stream and/or Single -Material Recycling Program at each new complex within thirty days of issuance of the Certificate of Occupancy by the City. 2.3.5.3.2 Yard Trimmings and Wood Collection Program (AB 1826 Program). State law requires the City to provide a Recycling program to collect Yard Trimmings and non -hazardous Wood from all Multi -Family complexes on or before January 1, 2016. State law requires Multi -Family complexes of five (5) or more units to participate in a recycling program for Yard Trimmings and non -hazardous Wood on or before April 1, 2016, January 1, 2017, or January 2019 depending upon the quantity of such Attachment B Scope of Work Page 24 of 65 materials generated by the complex. Participation at the smallest complexes generating two (2) cubic yards or less of these materials per week may be required as of January 1, 2020 if so directed by CalRecycle and/or if and when City so directs Contractor. Contractor shall provide a source -separated Yard Trimmings and Wood Collection program to all Multi -Family complexes at the rates in Attachment D. -Per AB 1826, City will, on an annual basis, mail notices to non-compliant Multi -Family complexes and will request information and data via self -reporting forms, on Yard Trimmings and Wood Diversion program(s) being conducted at each complex. On or before January 1, 2022, (or at an alternative later timing if directed by City) Contractor shall implement the Yard Trimmings/Wood Collection Program at complexes that (A) did not respond to the City's request for the self -reporting form, (B) does not have an AB 1826 -compliant program, and (C) are not already participating in Contractor's source -separated Yard Trimmings/Wood program. Contractor shall provide appropriately -sized Containers (as described in Section 1.4.3 of this Attachment B) to each Multi -Family complex for storage of all Yard Trimmings and Wood that do not have Yard Trimmings and Wood hauled away by a landscape or gardening service that is also Diverting such materials from Disposal. If a Multi -Family complex has Yard Trimmings and Wood hauled away by a landscape or gardening service, Contractor shall notify City so City may obtain a completed and signed Landscaper Self -Certification Diversion Form (see Attachment JJ) from the complex owner/manager. At the direction of City, Contractor shall also record the information in the Red/Green Tracking Spreadsheet. Contractor shall collect all Yard Trimmings and Wood from Multi -Family complexes at least once per week, and more frequently as required to Collect all Yard Trimmings and Wood generated by each complex. Contractor shall Collect all Yard Trimmings and Wood in a separate Collection vehicle that collects only Yard Trimmings and wood and shall process the collected material at the City -approved Yard Trimmings and wood Processing Facility designated in Article 5 of the Agreement. (DPS 7030 -FR -CMF). In implementing a Yard Trimmings/Wood Collection Program at a Multi -Family complex, Contractor shall complete all the tasks listed in Section 3.3.4 of this Attachment B. A Yard Trimmings/Wood Collection Program at a Multi -Family complex will be considered "implemented" if Contractor has completed all the tasks described in Section 3.3.4 of this Attachment B and if the fully implemented program is observed to be in full and successful operation during the audit by City. City will perform the audits described in Attachment N to determine Contractor's compliance with the requirements of this Section, as described in Article 6 of the Agreement. During the Term, additional Multi -Family complexes will be constructed and occupied within City. Contractor shall fully implement a Yard Trimmings/Wood Recycling Program at each new complex within thirty days of issuance of the Certificate of Occupancy by the City. 2.3.5.3.3 Optional City -Directed Source -Separated Multi -Family Food Scrap Collection Program (SB 1383 Program). Attachment B Scope of Work Page 25 of 65 State law requires the City to provide a Food Scrap program to collect Food Scraps from all Multi -Family complexes on or before January 1, 2022. City will monitor development of the final SB 1383 regulations to determine if and when it would be in the best interest of City to have Contractor Collect source -separated Food Scraps at Multi -Family complexes. In the event City determines that a source separated Multi -Family Food Scrap collection program is desirable, City shall notify and meet with Contractor to coordinate implementation steps and a schedule for program initiation. The implementation steps described in this Section 2.3.2.3 of Attachment B for the source separated Multi -Family Food Scrap collection program shall be followed by Contractor. In such event, Contractor shall charge the rates for the Multi -Family Yard Trimmings and Food Scrap program set forth in Attachment D. Contractor shall implement the source separated Food Scrap collection program at all Multi -Family complexes in City. Contractor shall provide the appropriate number of appropriately sized Containers, as listed in Section 1.4.3 of this Attachment B, to each Multi -Family complex for storage of all Food Scraps. Contractor shall provide each Multi -Family unit with a "Sure Close TM" Food Scrap container, at no additional charge, for storage of Food Scraps in the kitchen as described in Attachment GG. Contractor shall prepare and distribute public education materials, customized to Multi - Family tenants and complexes, simultaneously with the "Sure Close TM" containers. Said distribution shall be accomplished by going door-to-door to provide each unit with a "Sure Close TM11 container and accompanying public education materials, and discussing the new Food Scrap program with each tenant. Such visits to tenants shall be made on days and at times when tenants are most likely to be home and not at work (e.g. weekends and early on weekday evenings). Public education materials shall include a diagram showing the location(s) of Food Scrap Containers where tenants will deposit the contents of the "Sure Close TM11 Containers. Public Education materials shall be submitted to City for approval a minimum of ninety (90) days prior to printing and distribution. Contractor shall provide answers to tenant and Multi -Family complex managers' questions and shall also provide a method for tenants and Multi -Family complex owners, managers and staff to ask and receive answers to follow-up questions about the program via telephone, e-mail or text, social media and Contractor's web site. Contractor shall collect all Food Scraps from Multi -Family complexes at least once per week, and more frequently as required to prevent odor, overflow of Food Scraps from Containers, and lack of available space for Food Scraps in Containers at each complex. Contractor shall Collect all Food Scraps in a separate Collection vehicle that collects only source separated Food Scraps and shall process the collected material at the City - approved Food Scrap Processing Facility listed in Article 5 of the Agreement. (DPS 7030 -FR -CMF) Contractor shall make available the following sizes and types of Containers for Food Scrap storage in the solid waste and recycling enclosure or other area designated by the owner/manager of the Multi -Family complex: 65 gallon carts; two (2) cubic yard Bins and/or two (2) cubic yard Split Bins; and where appropriate, enclosed compactors in the Attachment B Scope of Work Page 26 of 65 following sizes: ten (10) cubic yard and twenty (20) cubic yard In implementing a Food Scrap Collection Program at a Multi -Family complex, Contractor shall complete all the tasks listed in Section 3.3.4 of this Attachment B. A Food Scrap Collection Program at a Multi -Family complex will be considered "implemented" if Contractor has completed all the tasks described in Section 3.3.4 of this Attachment B and if the fully implemented program is observed to be in full and successful operation during the audit by City. City will monitor program results and will also perform audits to determine Contractor's compliance with the requirements of this Section, as described in Article 6 of the Agreement. During the Term, additional Multi -Family complexes will be constructed and occupied within City. Contractor shall fully implement a Source Separated Food Scrap Collection Program at each new complex within thirty days of issuance of the Certificate of Occupancy by the City. 2.3.5.3.4 Optional City -Directed Program For Co -Collection of Yard Trimmings and Food Scraps at Multi -Family Complexes. City will monitor development of the final SB 1383 regulations to determine if and when it would be in the best interest of City to have Contractor co -collect Yard Trimmings with Food Scraps at Multi -Family complexes. Unless and until City has made such determination, Contractor shall proceed with implementation of the individual Yard Trimmings/Wood program described in Section 2.3.2.2. If directed by City Contractor shall also proceed with implementation of the source -separated Food Scrap collection program described in Section 2.3.2.3 of this Attachment B. In the event City determines that a co -collection program is desirable, City shall notify and meet with Contractor to coordinate implementation steps and a schedule for program initiation. The implementation steps described in Section 2.3.2.3 for the Food Scrap collection program shall be followed if a co -collection program is implemented. In such event, Contractor shall charge the rates for the Multi -Family Yard Trimmings and Food Scrap co -collection program set forth in Attachment D. 2.3.5.3.5 Monitoring of Multi -Family Programs. Contractor shall continuously monitor all Multi -Family programs as described in Section 2 b "Commercial/Multi-Family In -Field Container Contamination Audits" of Attachment N. If, at any time during the Term, the protocol in Attachment N shows that participation in the City -directed Multi -Family source -separated Food Scrap Collection program or the City -directed Multi -Family co -collected Food Scrap and Yard Trimmings/Wood Collection program has fallen below thirty-five percent (35%), Contractor shall repeat all steps and all tasks described above in Section 2.03.2.3 of this Attachment B for the source -separated Residential Food Scrap Collection program (or in Section 2.03.2.4 for the Residential Yard Trimmings/Wood and Food Scrap co -collection program) for initial Attachment B Scope of Work Page 27 of 65 program implementation including door-to-door outreach to all non -participating tenants, re -supplying any unit that either does not have, or requests a Sure Close TM Food Scrap container, and simultaneously distributing program descriptions, FAA's, and other information on what types of Food Scraps are to be placed in the Sure Close containers and emptied into the centralized Food Scrap Carts and/or Bins. Contractor shall also utilize all available social media including but not limited to, Twitter, Facebook, Instagram, and Neighborhood Pop Up Events to raise awareness and increase participation in the program. 2.3.5.4 Gated Developments/HOA's/Mobile Home Parks Contractor shall provide services to gated developments, developments with Homeowner's Associations (HOA's) and mobile home parks as directed by the HOA, Property Manager, Authorized Customer Representative or individual Customers. Collection services shall be provided a minimum of once per week. Contractor shall perform all operations in conformance with all Covenants, Conditions and Restrictions as well as all other rules and regulations of the gated development, HOA or mobile home park. Contractor shall charge the rates in Attachment D for providing all services. If the HOA, Property Manager, Authorized Customer Representative or individual Customers select wheeled cart service to individual residences, Contractor shall provide the following Collection services from wheeled Carts on a weekly basis: (A) MSW, (B) Single Stream Recyclable Materials, and (C) Yard Trimmings/Wood. If directed by City, Contractor shall also provide weekly source separated Food Scrap Collection (as described in Section 2.3.1 of this Attachment B) or co -collection of Yard Trimmings/Wood and Food Scraps (as described in Section 2.3.2 of this Attachment B). If the HOA, Property Manager or Authorized Customer Representative selects central Bin and Cart service, Contractor shall provide the appropriate sizes(s) and number(s) of Containers (Carts, Bins, compactors and/or Roll Off Boxes) for MSW, Single Stream Recyclables, Single -Material Recyclables (as applicable) and Yard Trimmings/Wood (as applicable) and the appropriate collection frequencies that shall be, at a minimum, once per week. If the gated development has Yard Trimmings and Wood hauled away by a landscape or gardening service, and such materials are being Diverted from Disposal, Contractor shall notify City so City may obtain a completed and signed Landscaper Diversion Self -Certification Form from the HOA, property manager, or Authorized Customer Representative. At the direction of City, Contractor shall record the information in the Red/Green Tracking Spreadsheet. The HOA or Property owner/manager may change, twice in a twelve-month period, the location of Collection of MSW, Recyclable Materials, Yard Trimmings/Wood (and if directed by City, source -separated Food Scraps or co -collected Yard Trimmings/Wood and Food Scraps), the frequency of such Collections, and/or the method of billing. If a reduction of MSW service levels is possible due to the implementation of Recycling services (including Food Scraps, Yard Trimmings/Wood and/or other Recycling or source reduction measures) the HOA, property manager or Authorized Customer Representative may request changes in levels of, and location of, such Collection Attachment B Scope of Work Page 28 of 65 services at any time, in addition to the twice per year change request. Residential Customers that are included in a central or master -billing arrangement by a HOA, Property Manager or Authorized Customer Representative may not suspend service for any period of time. In implementing the Single -Stream and/or Single Materials Recyclables Collection Program, the Yard Trimmings/Wood Collection Program and if directed by City, the source -separated Food Scrap Collection program or the co -collected Yard Trimmings/Wood and Food Scrap Collection program at Gated Developments, HOA's and mobile home parks, Contractor shall complete all the tasks listed in Section 3.3.4 of this Attachment B. A Single -Stream and/or Single Materials Recyclables Collection Program, a Yard Trimmings/Wood Collection Program, and if directed by City, a source -separated Food Scrap Collection program or a co -collected Yard Trimmings/Wood and Food Scrap Collection program at Gated Developments, HOA's and mobile home parks, will be considered "implemented" if Contractor has completed all the tasks described in Section 3.03.4 of this Attachment B for each program and if each fully implemented program is observed to be in full and successful operation during the audit by City. The City will conduct rotating audits throughout the Term as described in Article 6 and Attachment N, to determine whether these performance standards are being achieved and maintained. During the Term additional developments will be constructed and occupied within City. Contractor shall fully implement all the programs described in this Section 2.3.6 of Attachment B at each new Gated Development, HOA and mobile home park within thirty days of issuance of the Certificate of Occupancy by the City. 2.4 Back Yard/Side Yard Wheel -Out Service. All basic Residential Premises services identified in Section 2 of this Attachment B shall be offered with back yard/side yard wheel -out service at Customer request, at the rates in Attachment D. Contractor shall collect MSW and all other materials in backyards/sideyards at no additional charge for accounts that have a letter on file with Contractor from a physician confirming there is a medical reason that prevents the resident from moving MSW, Recycling, Yard Trimmings/Wood and/or Food Scrap Containers to the curb and that there are no other capable Person(s) in the household to perform this task. Annually, Contractor may request a new physician's letter in order for the account to maintain backyard/sideyard service at no additional charge. In the event there is no current letter on file from a physician, Contractor may charge the rate for Backyard/Sideyard Wheelout service in Attachment D. Contractor shall provide the Customer with written notice at least 30 days prior to charging for service. Contractor shall also notify the City when a Customer will be charged for Back Yard/Side Yard Wheel Out Service after failing to provide a physician's note. Attachment B Scope of Work Page 29 of 65 SECTION 3: COMMERCIAL AND BUSINESS ESTABLISHMENT PREMISES SERVICES 3.1 Basic Level of Service. The basic level of service for Commercial and Business Premises that Contractor shall be provide includes once weekly Collection of: (A) MSW provided by a vehicle designed for commercial Collection; (B) Collection of Single Stream Recyclable Materials and Single -Material Recyclables (DPS code 2030 -RC -OSP); (C) Collection of Food Scraps (DPS Code 3040-CM-FWC); Collection of Yard Trimmings and Wood (DPS Code 3020 - CM -COG) and other required programs identified in Table 1 Section 1.6. Collection shall be accomplished in a manner such that the flow of traffic shall not be impeded nor a threat to the public health or safety created. Contractor shall provide each of the service options for Collection of MSW, Recyclable Materials, Yard Trimmings, Wood and Food Scraps as described in Sections 3.2 — 3.12. Contractor shall provide the following Collection services for Commercial and Business Establishments: 3.2 MSW Collection. Contractor shall provide MSW Collection services as follows: (A) regularly scheduled weekly MSW Collection service; (B) as -needed on-call Collection for Roll Off Boxes and Compactors and (C) additional pick-ups. On-call and additional pick-up requests may be made by Customer, Authorized Customer Representative or, in the case of Compactors so equipped, by automatic dial-up, other automated methods or electronic device that signals Contractor. Contractor shall provide service within twenty-four 24 hours of receiving a request, (provided that the request is made prior to two o'clock p.m. (2:00 p.m.) of the collection day) and shall charge the rates as established in Attachment D for on-call pickups and additional pickups. Contractor's staff, including Contractor's two Recycling Coordinators, shall work with City and City's agents to determine which MSW service is best suited to each Commercial and Business Establishment in order to maximize Recycling and Diversion. In the event of a disagreement between the parties as to the type of service to be provided to a Commercial or Business Establishment, the decision of the City shall be final. Contractor shall provide Containers as described in Section 1.04.3 to Commercial and Business Establishments for storage and Collection of MSW at the rates in Attachment D. Customers may, at any time, adjust the frequency of Collections, the size(s) of Containers, the type(s) of Containers and/or the number of Containers for the storage and Collection of MSW. Attachment B Scope of Work Page 30 of 65 13 Diversion Services Contractor shall provide Recyclable Materials Collection at Commercial and Business Establishments (DPS code 2030 -RC -OSP). Each commercial Customer shall be offered Collection of Single Stream Recyclable Materials and Single -Material Recyclables. Contractor shall provide separate Bin(s) or wheeled Carts (as identified in Section 1.4.3 of this Attachment B and in Attachment E) for Collection of Single Stream Recyclable Materials and, if applicable, Single -Material Recyclables. Contractor shall provide Yard Trimmings/Wood collection, as needed. Contractor shall provide Food Scrap collection or Food Scrap and Yard Trimmings Co -collection, if and when directed by the City. All Contamination percentage limits listed for Diversion programs described in this Attachment B (e.g. maximum of twenty percent (20%) Contamination in MSW Containers, maximum of ten percent (10%) Contamination in Recyclable Materials Containers, and maximum of ten percent (10%) Contamination in Yard Trimmings/Wood and Food Scrap Containers shall be measured and calculated pursuant to the protocol in Article 6 and Attachment N of the Agreement. 3.3.1 Single Stream Recyclable Materials and Single -Material Recyclables Collection (AB 341 Program). State law requires all Commercial and Business Establishments to arrange for Recycling services for Recyclable Materials by July 1, 2012. State law requires the City to provide a Recycling program for Collection of Recyclable Materials at all Commercial and Business Establishments on or before July 1, 2012. (AB 341, PRC Section 42649 et seq.) Contractor's Recycling Coordinators will prepare a "Recycling Plan" for each Commercial and Business Establishment (DPS 2030 -RC -OSP) for Single Stream Recyclable Materials and Single -Material Recyclables as described in Section 3.3.4 of this Attachment B. Contractor shall provide Recyclable Materials Collection at all Commercial and Business Establishments (DPS code 2000-RC-CRB). Each business shall be offered Collection of Single Stream Recyclable Materials and, if applicable, Single -Material Recyclables. Contractor shall provide separate Bin(s) or wheeled Carts (as identified in Attachment E) for Collection of Single Stream Recyclable Materials and, if applicable, Single- Material Recyclables. Contractor shall collect Single Stream Recyclable Materials and Single -Material Recyclables in a vehicle collecting solely Single Stream Recyclable Materials, and Single -Material Recyclables, to prevent Contamination of said materials. Collection shall be provided at least weekly, with more frequent Collection as required to prevent overflow of materials from Containers. Collected Recyclable Materials shall be processed at the City -approved Clean MRF listed in Article 5 of the Agreement. (DPS code 7000 -FR -MRF). Once Commercial and Business Establishments have begun a Single Stream Recycling service and/or Single -Material Recycling service, Contractor shall continue to provide MSW collection service as set forth in this Attachment B, adjusted for the reduction in MSW volume created by the Recycling service and any other Diversion programs, as Attachment B Scope of Work Page 31 of 65 described in Section 3.3.4 of this Attachment B. Contractor shall provide to Customers the appropriate sized Container, or combination of Containers. Contractor shall make available the following sizes and types of Containers for Recyclables and MSW storage: 65 gallon carts and 95 gallon carts, one (1), one and one-half (1.5), two (2), three (3), four (4) and six (6) cubic yard Bins; and two (2), three (3), and four (4) cubic yard Split Bins; and compactors in the following sizes: three (3) cubic yard and four (4) cubic yard. Within ninety (90) days after implementation of the Single Stream and/or Single Material Recycling Program at each Commercial and Business Establishment, Contractor shall ensure that the program is operating effectively such that the MSW Container(s) at the Business Premises contain no more than twenty percent (20%) Recyclable Materials and Food Scraps (combined) (see and the Recyclable Materials Container(s) contain no more than ten percent (10%) MSW (including Food Scraps if the Business generates Food Scraps). If the Business is participating in the Source -Separated Commercial Food Scrap Collection Program, the Food Scrap Container(s) shall contain no more than ten percent (10%) of any non-food item(s). If these performance standards are not being achieved, Contractor shall work with the Business owner(s), manager(s) and employees as needed to re-train, troubleshoot and otherwise provide technical assistance to ensure the standards are being met. In implementing a Single Stream and/or Single -Material Recycling Program at a Commercial and Business Establishment, Contractor shall complete all the tasks listed in Section 3.3.4 of this Attachment B. Customers shall be charged the rates set forth in Attachment D for this service. A Single Stream and/or Single -Material Recycling Program at a Business or Commercial Establishment is considered "implemented" if Contractor has completed all the tasks described in Section 3.3.4 of this Attachment B and if the fully implemented program is observed to be in full and successful operation during the audits by City. The City will conduct rotating audits throughout the Term as described in Article 6 and Attachment N, to determine whether these performance standards are being achieved and maintained. As new Commercial and Business Establishment buildings are constructed during the Term, and as Commercial and Business Establishments open, close, expand, move, and change managers and/or employees, Contractor shall implement a Single Stream and/or Single -Material Recycling Program at all new, expanded, relocated, and otherwise changed Commercial and Business Establishments as described herein. Contractor shall implement said program at any new or expanded Commercial and Business Establishment within thirty (30) days of issuance of a Certificate of Occupancy by the City; and if no Certificate of Occupancy is required, then within thirty (30) days of final City inspection and approval of improvements. Contractor shall also re -implement a Single Stream and/or Single -Material Recycling Program when there is a change in key personnel (e.g. a change in management, ownership, on-site manager and/or other key personnel) at any Commercial and Business Establishment within City and shall do so within thirty (30) days of either (A) becoming aware of the change in management or (B) notice from the City of the change in management, whichever comes first. Attachment B Scope of Work Page 32 of 65 3.3.1.1 Monitoring of Commercial and Business Establishment Single Stream, Single -Material Recycling, and Yard Trimmings and Wood Programs. Field contamination audits shall be conducted on an on-going basis and incorporated into the Recycling Coordinators' daily site work so that annually all accounts in the City will receive at least two (2) field contamination audits. Contractor shall utilize the methodology described in Attachment N for said audits. Contractor shall note Contamination levels in the Single Stream and Yard Trimmings/Wood materials in the Bins and Carts using the methodology described in Attachment N. When Contractor finds Contamination (as described in Section 5.7 of this Attachment B), Contractor shall alert the business owner/manager and shall provide, or re -provide, training and public education materials concerning the acceptable materials for each program, to management and employees of the business in a minimum of one (1) in-person on-site training session. Contractor shall include information on all Contamination incidents observed in the monthly report submitted to City as described in Attachment K (see specifically Part 7 of Attachment K) and shall also log the data in the Red/Green Tracking Spreadsheet and include it in the semi- annual reports submitted to City pursuant to Attachment N. 3.3.2. Source -Separated Commercial Food Scrap Collection (AB 1826 Program). State law (AB 1826, PRC Section 42649.8 et seq.) requires all Commercial and Business Establishments (excluding Multi -Family complexes) generating eight (8) cubic yards or more of Food Scraps, Yard Trimmings and non -hazardous Wood per week (total cubic yards of all three materials combined), to arrange for Recycling services for these materials on or before April 1, 2016. These are referred to as Tier 1 businesses. State law requires all Commercial and Business Establishments (excluding Multi -Family complexes) generating four (4) cubic yards or more of Food Scraps, Yard Trimmings and non -hazardous Wood per week (total cubic yards of all three materials combined), to arrange for recycling services for these materials on or before January 1, 2017. These are referred to as Tier 2 businesses. Commercial and Business Establishments generating four (4) or more cubic yards per week of MSW must arrange for recycling services for Food Scraps, Yard Trimmings and Wood on or before January 1, 2019. These are referred to as Tier 3 businesses. CalRecycle may require Commercial and Business Establishments generating two (2) or more cubic yards per week of MSW to arrange for recycling services for Food Scraps, Yard Trimmings and Wood on or before January 1, 2020. These are referred to as Tier 4 businesses. If so directed by CalRecycle or in City's sole discretion, Contractor shall provide such service to Tier 4 businesses. State law (AB 1826) requires the City to provide a Recycling program to collect Food Attachment B Scope of Work Page 33 of 65 Scraps, Yard Trimmings and non -hazardous Wood from Commercial and Business Establishments on or before January 1, 2016. Contractor shall provide the Collection of source -separated Food Scraps from restaurants, cafeterias, assisted living facilities, hospitals, supermarkets and all other commercial premises where food is prepared, sold and/or consumed. At the direction of the City Contractor shall include Food -Soiled Paper in the Food Scrap program. If the processing facility Contractor is using does not allow Food -Soiled Paper, Contractor shall insert selected contractor's proposed method of handling Food -Soiled Paper here]. In the collection of Food Scraps, Contractor shall provide participating Customers with "Slim Jim TM" type containers (as described in Attachment HH) for inside areas of kitchen, preparatory and bussing that are directly involved with Food Scrap diversion. For transit to enclosure and for collection, Contractor will provide wheeled Carts or other Containers and/or Bins, roll -offs or compactors as necessary for the segregation and storage of Food Scraps to be Diverted. Contractor shall prepare a Food Scrap Recycling plan in consultation with each business to determine the appropriate number and sizes of Containers, collection frequency and provide and distribute appropriate containers, Bins, Roll -Off Boxes or compactors to Customers. Contractor shall provide Customers with information and contact person(s) who are approved by City to establish, coordinate and provide edible food donation and collection services. Contractor shall fully cooperate with all Persons working with Customers to establish, coordinate and provide edible food donation services, including Customer's employees and agents and the City. Contractor shall factor any successful edible food donation program projections and/or actual results into the Food Scrap recycling plan including the estimated requirements for Container sizes and frequencies of Collection, training, interior container locations and sizes. Contractor shall provide training and public education materials on the new Food Scrap Collection program. Each food -generating business shall be offered Collection of source -separated Food Scraps. Contractor shall provide separate Bin(s) or wheeled Carts (as identified in Attachment E) for Collection of source -separated Food Scraps. Contractor shall collect source -separated Food Scraps in a vehicle collecting solely source -separated Food Scraps, to prevent Contamination of said materials. Collection shall be provided at least weekly, with more frequent Collection as required to prevent overflow of materials from Containers, odors and vectors. Collected Food Scraps shall be processed at the City - approved Food Scrap Processing Facility listed in Article 5 of the Agreement. (DPS code 7000 -FR -CMF) Customers shall be charged the rates set forth in Attachment D for the Food Scrap Collection and Processing service. For Commercial and Business Establishments that have begun a Food Scrap collection program, Contractor shall continue to provide MSW collection service as set forth in this Attachment B as adjusted for the reduction in the quantity of MSW due to implementation of the Food Scrap collection program as described in Section 3.3.4 of this Attachment B. Contractor shall provide to Customers the appropriate sized Container, or combination of containers. Contractor shall make available the following Attachment B Scope of Work Page 34 of 65 sizes and types of Containers for storage of Food Scraps: 35 and 65 gallon wheeled carts; one (1), one and one-half (1.5), and two (2) cubic yard Bins; and two (2), three (3), and four (4) cubic yard Split Bins; and self-contained roll-off/compactors in the following sizes: 10 cubic yard, 20 cubic yard, and 30 cubic yard. Within ninety (90) days after implementation of the Food Scrap Collection Program at each Commercial and Business Establishment, Contractor shall ensure that the program is operating effectively such that the MSW Container(s) at the Business Premises contain no more than twenty percent (20%) Recyclable Materials and Food Scraps (combined), the Recyclable Materials Container(s) contain no more than ten percent (10%) MSW (including Food Scraps), and the Food Scrap Container(s) shall contain no more than ten percent (10%) of any non-food item(s). If these performance standards are not being achieved, Contractor shall work with the Business owner(s), manager(s) and employees as needed to re-train, troubleshoot and otherwise provide technical assistance to ensure the standards are being met. In implementing the Food Scrap Collection Program at a Commercial and Business Establishment, Contractor shall complete all the tasks listed in Section 3.3.4 of this Attachment B. Customers shall be charged the rates set forth in Attachment D for this service. A Food Scrap Collection Program at a Businesses and Commercial Establishment is considered "implemented" if Contractor has completed all the tasks described in Section 3.3.4 of this Attachment B and if the fully implemented program is observed to be in full and successful operation during the audits by City. The City will conduct rotating audits throughout the Term as described in Article 6 and Attachment N, to determine whether these performance standards are being achieved and maintained. In the event a Customer is Diverting their Food Scraps using one or more on-site, backhaul, food donation and/or other programs that it is providing internally or has made arrangements for (e.g. use of an on-site Compost Appliance and participation in an Edible Food donation program), Contractor shall notify City and City may, in City's sole discretion, request that an Authorized Representative of the Customer complete and sign a Self -Certification form. If directed by City, Contractor shall note the on-site, Edible Food donation and/or other program(s) being used on the Red/Green Tracking Spreadsheet. Contractor shall determine whether or not such program(s) are diverting one -hundred percent (100%) of the Food Scraps generated at the Customer's premises. If that is not the case, Contractor shall note the quantity and estimated percentage of Food Scraps that are still being Disposed and shall discuss the situation with City at the next monthly meeting. If directed by City, Contractor shall re -contact the Customer to offer supplemental Food Scrap Collection service to Divert the remaining Food Scraps being placed in the MSW Container(s). As new Commercial and Business Establishment buildings are constructed during the Term, and as Commercial and Business Establishments open, close, expand, move, and change managers and/or employees, Contractor shall implement a Food Scrap Collection program at all new, expanded, relocated, and otherwise changed Attachment B Scope of Work Page 35 of 65 Commercial and Business Establishments where food is prepared, sold and/or consumed as described herein. Contractor shall implement said program at any new or expanded Commercial and Business Establishment within thirty (30) days of issuance of a Certificate of Occupancy by the City; and if no Certificate of Occupancy is required, then within thirty (30) days of final City inspection and approval of improvements. Contractor shall also re -implement a Food Scrap Collection program when there is a change in key personnel (e.g. a change in management, ownership, on-site manager and/or other key personnel) at any Commercial and Business Establishment within City where food is prepared, sold and/or consumed and shall do so within thirty (30) days of either (A) becoming aware of the change in management or (B) notice from the City of the change in management, whichever comes first. As of the Effective Date, SB 1383 (PRC Section 42652 and Health and Safety Code Sections 39730.5et seq.) requires that twenty percent (20%) of the required Diversion of seventy-five percent (75%) of Food Scraps and Yard Trimmings/Wood from landfill by 2025, must be Diverted as Edible Food for Human Consumption. City plans to retain the services of one or more third parties and/or to collaborate with regional agencies to arrange for, and implement, Edible Food donation program(s) within City. Contractor shall cooperate with City's efforts, including but not limited to: disseminating public education and outreach materials in hard copy, online, and via Contractor's social media outlets; alerting Customers with Food Scraps of the availability of the Edible Food donation services; and providing data on potential participants for the Edible Food donation program to City and its service providers and/or collaborators. Contractor shall fully support City's efforts and shall take no action to undermine, delay, or impede such programs. 3.3.2.1 Monitoring of Business and Commercial Establishments Food Scrap Collection Programs. Field contamination audits shall be conducted on an on-going basis and incorporated into the Recycling Coordinators' daily site work so that annually all accounts in the City will receive at least two (2) field contamination audits. Contractor shall utilize the methodology described in Attachment N for said audits. Contractor shall note contamination levels in the Food Scrap materials in the Bins and Carts using the methodology described in Attachment N. When Contractor finds Contamination (as described in Section 5.5 of this Attachment B), Contractor shall alert the business owner/manager and shall provide, or re -provide, training and public education materials concerning the acceptable materials for each program, to management and employees of the business in a minimum of one (1) in-person on-site training session. Contractor shall include information on all Contamination incidents observed in the monthly report submitted to City as described in Attachment K (see specifically Part 7 of Attachment K) and shall also log the data in the Red/Green Tracking Spreadsheet and include it in the semi-annual reports submitted to City pursuant to Attachment N. Attachment B Scope of Work Page 36 of 65 3.3.3 Commercial Yard Trimmings and Wood Collection Program (AB 1826 Program) State law requires the City to provide a Recycling program to collect Yard Trimmings and Wood from all Commercial and Business Establishments on or before January 1, 2016. State law requires Commercial and Business Establishments to participate in a recycling program for Yard Trimmings and Wood on or before April 1, 2016, January 1, 2017, or January 2019 depending upon the quantity of such materials generated by the business. Participation at the smallest businesses generating two (2) cubic yards or less of these materials per week may be required as of January 1, 2020 if so directed by CalRecycle or the City. Contractor shall implement the Yard Trimmings/Wood Collection Program at all businesses. Contractor shall provide appropriately -sized Containers to each business for storage of all Yard Trimmings and Wood that do not have Yard Trimmings and Wood hauled away by a landscape or gardening service that is also Diverting such materials from Disposal. If a business has Yard Trimmings and Wood hauled away by a landscape or gardening service, Contractor shall notify City and City, in its sole discretion, may obtain the completed and signed Landscaper Self -Certification Diversion Form from the complex owner/manager. If directed by City, Contractor shall record such updated information in the Red/Green Tracking Spreadsheet. Contractor shall collect all Yard Trimmings and Wood from Commercial and Business establishments at least once per week, and more frequently as required to Collect all Yard Trimmings and Wood generated by each business. Contractor shall Collect all Yard Trimmings and Wood in a separate Collection vehicle that collects only Yard Trimmings and Wood and shall process the collected material at the City -approved Yard Trimmings and Wood Processing Facility identified in Article 5 of the Agreement. (DPS 7030 -FR -CMF) Within ninety (90) days after implementation of the Yard Trimmings/Wood Recycling Program at each Commercial and Business Establishment, Contractor shall ensure that the program is operating effectively such that the MSW Container(s) at the Business Premises contain no more than twenty percent (20%) Recyclable Materials, Yard Trimmings/Wood and Food Scraps (combined), the Yard Trimmings/Wood Container(s) contain no more than ten percent (10%) MSW and Recyclable Materials (combined) and the Recyclable Materials Container(s) contain no more than ten percent (10%) MSW (which includes Food Scraps if the Business generates Food Scraps). If the Business is participating in the Source -Separated Commercial Food Scrap Collection Program, the Food Scrap Container(s) shall contain no more than ten percent (10%) of any non-food item(s). If these performance standards are not being achieved, Contractor shall work with the Business owner(s), manager(s) and employees as needed to re-train, troubleshoot and otherwise provide technical assistance to ensure the standards are being met. In implementing the Yard Trimmings/Wood Collection Program at a Commercial and Business Establishment, Contractor shall complete all the tasks listed in Section 3.3.4 of Attachment B Scope of Work Page 37 of 65 this Attachment B. Customers shall be charged the rates set forth in Attachment D for this service. A Yard Trimmings/Wood Collection Program at a Businesses and Commercial Establishment is considered "implemented" if Contractor has completed all the tasks described in Section 3.3.4 of this Attachment B and if the fully implemented program is observed to be in full and successful operation during the audits by City. The City will conduct rotating audits throughout the Term as described in Article 6 and Attachment N, to determine whether these performance standards are being achieved and maintained. As new Commercial and Business Establishment buildings are constructed during the Term, and as Commercial and Business Establishments open, close, expand, move, and change managers and/or employees, Contractor shall implement a Commercial Yard Trimmings/Wood Collection program at all new, expanded, relocated, and otherwise changed Commercial and Business Establishments as described herein. Contractor shall implement said program at any new or expanded Commercial and Business Establishment within thirty (30) days of issuance of a Certificate of Occupancy by the City; and if no Certificate of Occupancy is required, then within thirty (30) days of final City inspection and approval of improvements. Contractor shall also re -implement a Commercial Yard Trimmings/Wood Collection program when there is a change in key personnel (e.g. a change in management, ownership, on-site manager and/or other key personnel) at any Commercial and Business Establishment within City and shall do so within thirty (30) days of either (A) becoming aware of the change in management or (B) notice from the City of the change in management, whichever comes first. 3.3.3.1 Optional City -Directed Program For Co -Collection of Yard Trimmings and Food Scraps at Commercial Customers. City will monitor development of the final SB 1383 regulations to determine if and when it would be in the best interest of City to have Contractor co -collect Yard Trimmings with Food Scraps at Commercial Customers. Unless and until City has made such determination, Contractor shall proceed with implementation of the individual Source - separated Food Scrap and a separate Yard Trimmings/Wood programs described in Sections 3.3.2 and 3.3.3. In the event City determines that a co -collection program is desirable, City shall notify and meet with Contractor to coordinate implementation steps and a schedule for program initiation. The program initiation steps described in Section 3.3.2 for the Source Separated Food Scrap collection program shall be followed if a co - collection program is implemented. In such event, Contractor shall charge the rates for the Commercial Yard Trimmings and Food Scrap co -collection program set forth in Attachment D. 3.3.4 Required Tasks For Implementation of Diversion Programs For purposes of this Contract, Contractor shall be found to have "implemented Diversion Programs", including but not limited to Recyclable Materials Collection, Food Scraps Collection and Yard Trimmings/Wood Collection at the Premises of a Customer only if all of the following have been completed by Contractor: Attachment B Scope of Work Page 38 of 65 (i) Contractor has contacted the Authorized Customer Representative (for purposes of this section the "Authorized Customer Representative" is the owner or on-site manager if that Person has decision-making authority; or if Customer is a corporation with multiple locations and centralized decision-making, the management Person with decision- making authority. In the case of a broker or waste arranger, the Authorized Customer Representative is the Person who has the decision-making authority) and explained the requirements in the Act for the Customer to have in place specified Recycling and Diversion program(s) as of the date(s) applicable to that Customer. Contractor has also explained the requirements of City's Municipal Code, Mandatory Recycling Ordinance and CalGreen (if applicable). (ii) Contractor has estimated the quantities of MSW, Recyclable Materials, Food Scraps, Yard Trimmings/Wood and any other Divertable materials generated by the Customer; has calculated the appropriate size of Containers required for storage; has calculated the recommended frequency of service to optimize cost for the Customer; has prepared a written plan containing estimated costs and recommended levels of service; and has submitted the plan to the Customer. Contractor has discussed the plan with the Customer and obtained the Customer's approval to implement a finalized Diversion Plan. (iii) If the Customer is generating Food Scraps, Contractor has provided the Customer with information on the available Edible Food donation programs in City including coordinators/vendors/non-profit agencies, as directed by City, and has factored any applicable Edible Food donation opportunities into the calculations for sizing of Food Scrap Containers and frequency of Food Scrap Collection service. Contractor is also cooperating fully and in good faith with all edible food donation efforts of City, all third parties and Customer at Customer's premises. (iv) If the Customer is already Diverting materials using an in- house program, backhauling, on site processing or use of another vendor, Contractor has notified City so City can obtain a completed and signed "Self -Certification Form" for that program. Contractor shall record the information on the Red/Green Tracking Spreadsheet. If the Customer is using a landscaping company to haul away Yard Trimmings/Wood, Attachment B Scope of Work Page 39 of 65 Contractor has notified City so City can obtain a completed and signed Landscaper Self -Certification Diversion Form for Yard Trimmings/Wood at that Premises. At the direction of City, Contractor has recorded the information on the Red/Green Tracking Spreadsheet. If such program(s) only Divert(s) some materials and other Divertable materials are not covered by the Customer's own program(s) or third party program(s), Contractor has developed a plan for Diversion of the remaining materials in accordance with the requirements of this Attachment B. (v) Contractor has delivered the appropriate type(s) and size(s) of Containers to the Customer's Premises for storage of Single Material Recyclables and Single Stream Recyclable Materials. In the case of a Food Scrap Generator, Contractor has also provided the appropriate type(s) and size(s) of Containers for storage and collection of Food Scraps. If the Customer is generating Yard Trimmings/Wood Contractor has provided the appropriate type(s) and size(s) of Containers for storage and collection of Yard Trimmings/Wood. (vi) Contractor is Collecting the Recyclable Materials, Food Scraps, Yard Trimmings/Wood (as applicable) from the Customer's Containers at the frequency of collection needed to adequately service the Customer and, at a minimum, is performing Collection of Recyclable Materials and Yard Trimmings/Wood at least once each week. In the case of a Food Scrap Generator, Contractor is Collecting the Food Scraps one (1) to six (6) times each week as needed to adequately provide service to the Customer. (vii) Contractor has evaluated and reduced the level of the Customer's MSW Collection service to complement the separate Collection of Recyclable Materials, Yard Trimmings/Wood and Food Scraps. Contractor has checked back with the Customer and made at least two (2) on-site visits to determine if the initial sizing of the Containers and frequency of service is optimal for the Customer. Contractor has recommended appropriate adjustments as needed to the Customer and has implemented all adjustments agreed to by the Customer. (viii) Contractor has provided employee education and training materials to the Customer (and in the case of Multi -Family complexes, Gated Communities, HOA's and mobile home parks, to all management and residents) explaining (a) the Attachment B Scope of Work Page 40 of 65 requirements of the Act, (b) the operation of each Diversion program and (c) specifically what materials may be placed in the Recycling Container(s), Yard Trimmings/Wood Containers and in the Food Scrap Containers and what materials are to be placed in the MSW Container(s). Employee/resident training shall include at least one on-site training for all employees/tenants/residents of Customer. (In the case of the Food Scrap program at Multi -Family complexes, Contractor shall provide at least one on-site training for residents for complexes of over fifteen (15) units and for smaller complexes if requested by the owner/manager. Such training shall be in addition to the door-to-door distribution of education materials and the "Sure Close TM11 kitchen containers described in Section 2.03.22.3 above.) If there are multiple shifts, or if employees/tenants/residents work or are present on different days, Contractor shall conduct multiple trainings until all employees/residents have been trained. Contractor shall provide training posters and stickers for the Containers (both inside and outside containers) showing what materials are allowed in each. Contractor shall provide training and training materials in both English and Spanish and any other language as requested by Customer. Where a Customer has employees involved in tasks that are handling MSW and/or Divertable materials, that speak a language other than English, Contractor shall obtain a translator and conduct a training for those employees in the language they speak and provide program signage and training handouts in that language. In the case of Multi -Family complexes where more than twenty percent (20%) of the residents speak a language other than English, Contractor shall obtain a translator and conduct a training for those residents in the language they speak, and provide program signage and brochures/handouts in that language. (ix) Contractor has made at least two (2) follow-up site visits to confirm the program is operating optimally within the first two weeks after program initiation. (These site visits are in addition to the site checks to confirm MSW quantities and optimization of MSW service described in item vii above) Contractor has responded to the Customer's questions and to any complaints and has successfully resolved all questions and complaints. (x) The Diversion program(s) at the Premises of the Customer has been in place and operating continuously for a minimum of three (3) months. Attachment B Scope of Work Page 41 of 65 (xi) Within ninety (90) days after implementation of each Diversion program at the Premises of the Customer, Contractor shall ensure that the program is operating effectively such that the MSW Container(s) at the Premises contain no more than twenty percent (20%) Recyclable Materials and Food Scraps (combined), and the Recyclable Materials Container(s) contain no more than ten percent (10%) MSW and Food Scraps, combined (if the Customer generates Food Scraps). If the Premises is participating in the Source -Separated Commercial Food Scrap Collection Program, the Food Scrap Container(s) shall contain no more than ten percent (10%) of any non-food item(s). If these performance standards are not being achieved, Contractor shall work with the Business owner(s), manager(s) and employees as needed to re-train, troubleshoot and otherwise provide technical assistance to ensure the standards are being met. City shall conduct rotating audits throughout the Term to confirm that these performance standards are achieved and maintained. (xi i) The Diversion programs at the Premises of the Customer meet all the Contamination/Diversion standards in Article 6. (xiii) Contractor has conducted a minimum of one (1) annual on- site review of the Recycling plan and of each Diversion program at each Customer, and has conducted a re-training for all employees, residents and tenants (that meets all of the requirements listed for the initial training required under item viii above). Contractor has conducted troubleshooting for each Diversion program and each Diversion program is robust and successfully Diverting the targeted materials within the Contamination limits identified in item A above. (xiv) In the event Contractor has taken all required actions and completed all required tasks in subparts I through A, and the program(s) is still not meeting the performance standards, the non-compliant Customer shall be reported to City on the Red/Green Tracking Spreadsheet (Attachment K, Monthly Report Items #11) and on the list described in Attachment K, Monthly Reports, Item #8. City will work with the Customer to the full extent of state and local law. In the event City has enacted a mandatory Diversion ordinance (as required by draft SB 1383 regulations available as of the Effective Date) City will enforce its ordinance, which may include warnings to the Customer and ultimately imposition of fine(s). If the Customer agrees to implement the required program(s) as Attachment B Scope of Work Page 42 of 65 required by the City's ordinance, City will refer the Customer back to Contractor for implementation of the program(s) and Customer shall be removed from list of "Non -Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance" in Attachment K, Monthly Reports, Item #8. If the Customer continues to refuse to implement one or more of the required programs after City action, the Customer remains on the list and Contractor is relieved of the responsibility to implement program(s) at that Customer. (See Article 6 of the Agreement for how Customers on the list of "Non -Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance" are handled for purposes of Contractor's achievement of the performance metrics described therein.) 3.4 Other Services To Be Provided. 3.4.1 Manual Can Service Contractor shall only provide manual Can service to Single -Family, Multi -Family, gated developments, HOA's, mobile home parks and Commercial Customers, using Customer's own containers, where neither Cart nor Bin service is feasible due to the low volume of MSW generated, or the inability to operate automated collection vehicles, or the inability to store or use reasonably at the service location. City must approve all exceptions to automated collection service. For Commercial Customers, such service is limited to Customers generating a maximum of one hundred pounds (100 lbs.) of MSW per week. 3.4.2 Business Recycling Plans In addition to all other requirements contained in this Attachment B, Contractor will provide Business Recycling Plans and Multi -Family Complex Recycling Plans and assistance upon request of Customers. (DPS code 2030 -RC -OSP). In the event that Customers request preparation of Business or Multi -Family Recycling Plans, Contractor shall complete the tasks listed in Section 3.3.4 of this Attachment B as follows: Contractor shall complete Steps (i) through (iii) within ten (10) business days of the request; Contractor shall complete steps (iv) through (viii) and at least one of the follow- up site visits in Step (ix) within sixty (60) calendar days after Customer approval of the Finalized Diversion Plan prepared as part of Step (ii). Contractor shall add the business or Multi -Family complex to the Red/Green Tracking Spreadsheet (if not already listed) and shall update the tracking spreadsheet accordingly. 3.4.3 MSW Collection at Bus Stops and Benches. Contractor shall collect MSW from all existing MSW receptacles at bus shelters and bus stops listed on Attachment T-2 at least one (1) time per week and more frequently as Attachment B Scope of Work Page 43 of 65 needed. Contractor shall purchase and distribute ToterTm brand MSW receptacles (Model #860BA with the automatic gravity release feature in the color "Brownstone") to each of the bus shelters listed on Attachment T-2 on or before April 1, 2019. The receptacles to be provided are shown in Attachment T-3 and shall be anti -graffiti coated. The receptacles shall include a post -mold graphic with the City's name and logo in white. Contractor shall submit a full scale drawing of the graphic to be used to City for approval at least thirty (30) days prior to ordering the receptacles. Contractor shall coordinate with [nsert name of previous contractor here if applicable], that will be removing the MSW receptacles it owns, at the bus shelters and bus stops in order to coordinate removal of the old receptacles and immediate replacement with Contractor's new ToterTm receptacles such that (A) there is no gap in service, and (B) there is always a ToterTm receptacle in place at each and every bus shelter and bus stop listed on Attachment T-2. Contractor shall steam clean all ToterTm receptacles deployed at bus shelters and bus stops as needed such that the receptacles are clean and odor -free at all times. Contractor shall maintain the receptacles in good working order. Contractor shall repair all damaged receptacles, clean off all graffiti and replace stolen, vandalized, or damaged beyond repair receptacles within forty-eight (48) hours of Contractor's observation of same, or receipt of notification by the City or a member of the public that repair, replacement, cleaning or graffiti removal is required. Graffiti shall not be painted out. If graffiti cannot be cleaned off, the Toter TM shall be replaced. At City's request, Contractor shall replace any Toter TM to maintain a clean and fresh appearance. Contractor shall maintain ownership of the receptacles. At the end of the Term, City may elect to purchase the receptacles from Contractor at the depreciated book value, or have Contractor remove the receptacles. In Collecting MSW from bus stops and bus shelters, Contractor shall comply with all requirements of this Agreement, including but not limited to, the requirements of Article 7 that all Collection vehicles provided pursuant to this Agreement are to be used 100% within the City of Tustin and not for Collection in other jurisdictions. At City's request Contractor shall increase the frequency of Collection of MSW at bus shelters and bus stops listed in Attachment T-2 to up to three (3) times per week for each bus shelter and bus stop. If the City so requests, Contractor shall increase the frequency of Collection within fifteen (15) calendar days of the notification from City. City may add new bus stops and/or bus shelters to the list in Attachment T-2 at any time and Contractor shall collect MSW as described herein from said new bus stops and bus shelters at no additional cost to City or ratepayers 3.5 Changes in Collection Services. Customers may, at any time, decrease the frequency of Collections and/or the number of Containers or Compactors for MSW commensurate with the amount of Recyclable Materials, Yard Trimmings, Wood and Food Scraps diverted by any Recycling programs, projects or activities undertaken by Customer (DPS code 6010-PI-EIN). Attachment B Scope of Work Page 44 of 65 Customers may, at any time, adjust the frequency of Collections and/or the number of Containers for all types of Containers for the storage and Collection of Recyclable Materials, Food Scraps and Yard Trimmings/Wood. 3.6 Consultations and Technical Assistance. 3.6.1 Customer Consultations. Upon Customer request, Contractor shall consult with Customers on establishing Recycling and Diversion programs and on other MSW and Recycling related activities (DPS code 2030 -RC -OSP). Customers may also consult with City, City's agents or representatives, and/or with any other Recycling company or expert to plan and implement the most beneficial Recycling program(s) for that Customer. 3.6.2 City and Developer Consultations. Contractor shall, in a timely manner, review all proposed development plans for new construction, remodels, additions and all other plans at City's request. Contractor shall provide information and feedback to City and the developer on the optimal space, configuration and location(s) for storage and Collection of MSW, Recyclable Materials, and if applicable, Yard Trimmings/Wood and Food Scraps, cooking oil and grease. Contractor shall utilize data supplied by the developer, as well as Contractor's own knowledge and expertise, to estimate quantities of each material that will be generated on a weekly and monthly basis by the proposed development and shall include in the information provided to City and developer, the number, size, type and frequency of Collection required for all Containers to store the materials that will be generated. Contractor shall provide basic sketches of optimal storage configurations and Container location(s) to City and the developer and shall respond to any questions from City and developer. Contractor shall attend on-site meetings with City staff and developer, and developer's representatives (architects, designers, permit specialists, etc.) as requested and in a timely manner. 3.7 Waste Characterizations, On -Site Field Container Contamination Audits and Third Party Assessment of Phase 1 & 2 Performance Metrics. Contractor shall cooperate fully with City and its agents during all audits and studies including but not limited to all those described in Attachment N being conducted. Contractor shall allow site visits and detailed observations of all Processing Facility operations, provide route, account, tonnage, characterization details as to sampling methods and categories sampled, and other data for all Collection and Processing operations; allow unannounced site visits during regular hours of operation, access to all Collection, transport, and materials processing operations, respond in a timely manner to questions and requests for data and information; and make Contractor's personnel available to respond to questions from City. City and its agents shall observe all Contractor's safety, health and other operating procedures during its site visits. Attachment B Scope of Work Page 45 of 65 3.8 Temporary Bin and ROTI -Off Services. Contractor shall provide on a temporary basis two (2) cubic yard, three (3) cubic yard, four (4) cubic yard, six (6) cubic yard Bins, and ten (10), twenty (20), thirty (30) and forty (40) cubic yard Roll- Off Boxes for the purposes of Collection of MSW, Single Stream Recyclable Materials, Single Material Recyclables, Yard Trimmings/Wood, Food Scraps and Construction and Demolition Debris (DPS code 4060 -SP -CAR) at the request of Customers. Service shall be provided at the rates set forth in Attachment D. Such temporary service shall be provided, by way of example but not limitation, to sites where construction and /or demolition activity, replacement of roofs or paved areas, or replacement or maintenance of landscape materials is occurring. Collection shall occur on an as -needed, on-call basis, within twenty-four (24) hours of a request for any request received before two o'clock p.m. (2:00 p.m.), or may be regularly scheduled, as determined by Customer. All such temporary Bins and Roll -Off Containers containing Yard Trimmings/Wood, Food Scraps or Construction and Demolition Debris shall be collected, transported, and processed (DPS codes 7000 -FR -MRF and 7030 -FR -CMF) at the City -designated Processing Facility(ies) for Yard Trimmings/Wood, Food Scraps, or the City -designated Construction and Demolition Debris Processing Facility (for C&D Debris) listed in Article 5 of the Agreement. All temporary Bins and Roll -Off Containers containing Single -Material Recyclables and Single Stream Recyclable Materials shall be collected and the materials transported to the City -designated Clean MRF listed in Article 5 of the Agreement for processing and sale. (DPS code 7000 -FR -MRF) 3.9 Construction and Demolition Debris Recycling State law requires that City enforce mandatory Construction and Demolition Debris Diversion. As of the Effective Date City has adopted "Waste Disposal and Diversion Requirements for Construction, Demolition and Renovation Projects Within the City" (Section 4351 et seq. of the City of Tustin Municipal Code) which includes the requirements of the California Green Building Standards Code ("CalGreen"). Contractor shall comply with all requirements of the City's codes and CalGreen, as they may be changed and amended during the Term. Further, City reserves the right to amend and/or expand its own "Waste Disposal and Diversion Requirements for Construction, Demolition and Renovation Projects Within the City" at any time during the Term. Contractor shall provide all services necessary to (A) inform Customers of, (B) support Customer compliance with, and (C) support City's enforcement of, the Construction and Demolition Debris Diversion requirements in the City codes including the CalGreen requirements (DPS code 6020 -PI -ORD). Attachment KK contains a summary of the CalGreen Construction and Demolition Debris Diversion requirements and Tustin Municipal Code Section 4351 et seq. as of the Effective Date. The services provided by Contractor (DPS codes 4060 -SP -CAR and 4050-SP-WDW) Attachment B Scope of Work Page 46 of 65 shall include but not be limited to: (A) informing all Customers requesting Containers and/or Bins, Roll Off Boxes and Compactor services of the Diversion requirements, (B) providing Containers and/or Bins, Roll Off Boxes, and Compactors as needed for storage and transport of Single -Material Construction and Demolition Debris, and commingled Construction and Demolition Debris, as well as appropriate size Containers for MSW, (C) providing Collection service of all Containers on a timely basis and (D) working and coordinating with Customer's job site Superintendent to ensure a smooth and effective Diversion program and the Diversion of the percentage of C&D debris that is the greater of that required by the Waste Disposal and Diversion Requirements for Construction, Demolition and Renovation Projects Within the City or CalGreen. As of the Effective Date, the City's ordinance requires diversion of fifty percent (50%) and the CalGreen requirement is diversion of a minimum of sixty-five percent (65%) of all Construction and Demolition Debris generated at each of Customer's job sites for which Contractor is providing Construction and Demolition Debris Collection service. Therefore Contractor shall divert a minimum of sixty-five percent (65%) of the C&D Debris as of the Effective Date. Contractor shall inform Customers utilizing Containers and/or Bins and Roll Off Boxes on a temporary basis, that materials being Generated must be Diverted pursuant to the requirements of CalGreen and City's Municipal Code. At such time as there is an increase in the required Diversion percentage in either the City's ordinance or CalGreen, Contractor shall Divert the highest Diversion percentage required, as of the effective date of the new requirement(s). Once a Customer has requested Construction and Demolition Debris Collection service, Contractor shall complete the following tasks to establish the Construction and Demolition Debris Diversion Program: (i) Contractor has contacted the Authorized Customer Representative (for purposes of this section the "Authorized Customer Representative" is the Construction Superintendent/Manager, owner, or on-site manager if that Person has decision-making authority; or if Customer is a corporation with multiple locations and centralized decision- making, the management Person with decision-making authority. In the case of a broker or waste arranger, the Authorized Customer Representative is the Person who has the decision-making authority for the construction and/or demolition project) and explained the requirements in the Act, in City's Municipal Code, and in CalGreen for the Customer to Divert at least the minimum required percentage of Construction and Demolition Debris generated by the project as required by this Section 3.9 (sixty-five percent (65%) as of the Effective Date). Contractor has also explained all other specific requirements of City's Municipal Code and CalGreen and has supplied copies of each to the Customer. Attachment B Scope of Work Page 47 of 65 (ii) In the event the Authorized Customer Representative communicates to Contractor that it plans to self -haul all C&D materials from the job and that it (a) will prepare its own Waste Reduction and Recycling Plan (WRRP") as described in subpart (iii), and (b) that it does not want Contractor's assistance to implement or monitor the WRRP, Contractor shall request a written declaration of same from the Authorized Customer Representative. Upon receipt, Contractor shall submit the declaration to the City, shall record it in the Red/Green Tracking Spreadsheet, and shall report this at the next monthly meeting with the City. In the event the Authorized Customer Representative indicates that it plans to self -haul the C&D from the job site but requests preparation of a WRRP by Contractor and/or requests Contractor's assistance with implementation and monitoring of the WRRP, Contractor shall provide those services as described in this Section 3.9. If the Authorized Customer Representative has provided a declaration refusing all of Contractor's services and City determines that the job site's WRRP only Diverts some materials, and other Divertable materials are not covered by the Customer's program; and/or in the event the Customer's self -haul program does not achieve the required Diversion percentage, which is the higher of the Diversion percentage in the City Municipal Code or CalGreen, City may, after consultation with the Authorized Customer Representative and Contractor, direct Contractor to develop a plan for Diversion of the remaining C&D materials in accordance with the requirements of this Section and submit the plan to both City and the Authorized Customer Representative. Upon City direction, Contractor shall proceed to work with the Authorized Customer Representative to implement and monitor the plan. (iii) Assuming the Authorized Customer Representative (contacted by Contractor pursuant to subpart (i) above) agrees to utilize Contractor's services, Contractor shall: (a) estimate the quantities of MSW, Recyclable Materials, Source -Separated Wood, metal, sheetrock/Dry Wall, Yard Trimmings, mixed C&D and any other Divertable materials generated by the C&D project; (b) calculate the appropriate number and size of Containers required for storage; (c) calculate the recommended frequency of service to optimize cost for the Customer; (d) prepare a written Waste Reduction and Recycling Plan (WRRP) containing estimated costs and recommended levels of service to achieve the required minimum Diversion percentage of the Construction and Demolition Debris estimated to be Attachment B Scope of Work Page 48 of 65 generated by the project; (e) submit the WRRP to the Authorized Customer Representative; (f) discuss the plan with the Representative; and (g) obtain the Authorized Customer Representative's approval to implement the finalized WRRP. (iv) Contractor has delivered the appropriate type(s) and size(s) of Containers to the Customer's C&D job site(s) for storage of Single Material Recyclables and Single Stream Recyclable Materials, metal, Wood, sheetrock, mixed C&D and any other materials. If the job will generate Yard Trimmings from grubbing or other trimming or clearing of Yard Trimmings, Contractor has provided the appropriate type(s) and size(s) of Containers for storage and collection of Yard Trimmings. (v) Contractor is Collecting the Recyclable Materials, Source - Separated metal, Wood, sheetrock, mixed C&D, Yard Trimmings and all other materials from the Customer's Containers at the frequency of collection needed to adequately service the Customer. (vi) Contractor has evaluated and provided the level of MSW Collection service (if applicable) to the job site to complement the separate Collection of Recyclable Materials, Yard Trimmings, Source -Separated Wood, metal, sheetrock and other materials. Contractor has checked back with the Customer and made at least two (2) on-site visits to determine if the initial sizing of the Containers and frequency of service is optimal for the Customer and for the size, pace and scope of the job. Contractor has recommended appropriate adjustments as needed to the Customer and has implemented all adjustments agreed to by the Customer. (vii) Contractor has provided education and training materials to the Customer explaining (a) the requirements of the Act, (b) the operation of the WRRP and (c) specifically what materials may be placed in each of the Recycling Container(s), Yard Trimmings Containers, Source -Separated Wood, metal, sheetrock and other material Containers, mixed Construction and Demolition Debris Containers and what materials are to be placed in the MSW Container(s) (if applicable). Training of job site personnel shall include at least one on-site training for all construction employees working at the job site. If there are multiple shifts, or employees work or are present on different days, Contractor shall conduct multiple trainings until all employees have Attachment B Scope of Work Page 49 of 65 been trained. Contractor shall provide training posters and placards for the Containers showing what materials are allowed in each. Contractor shall provide training and training materials in both English and Spanish. Where a Customer has employees involved in tasks that are handling MSW and/or Divertable materials, that speak a language other than English, Contractor shall obtain a translator and conduct a training for those employees in the language they speak and provide program signage and training handouts in that language. (viii) Contractor has made at least two (2) follow-up site visits to confirm the program is operating optimally within 2 weeks after program initiation. Contractor has responded to the Customer's questions and to any complaints and has successfully resolved all questions and complaints. (ix) The Diversion program(s) at the Premises of the Customer was put in place and operated continuously throughout the entire construction/demolition job. (x) Contractor has provided the Authorized Customer Representative and the City with copies of weight tickets from all Processing Facilities used to process all Construction and Demolition Debris Collected from the site by Contractor and has completed all additional documentation, forms and paperwork required or requested by City and/or the Authorized Customer Representative in a timely manner. (A) The documentation submitted to City at the conclusion of the job (or if the job is being conducted in phases, at the end of each phase) verifies that the minimum Diversion of Construction and Demolition Debris required by this Section 3.9 was achieved. (xi i) Contractor has fully cooperated with City to complete the audits of all Processing Facilities used by Contractor to process Construction and Demolition Debris Collected in City as described in Attachment N. 3.10 Other Services Contractor shall provide the following additional services at the rates set forth in Attachment D: (A) Bin wheel out service, (B) additional Container pick-up, (C) locking lids for Bins, (D) use of a key to open a locked gate or enclosure to access Containers. Attachment B Scope of Work Page 50 of 65 I II City Facilities and Events Collection Services. 3.11.1 Collection Services at City Facilities. Contractor shall provide Collection, at no cost to City, of all MSW, Recyclable Materials, Yard Trimming/Wood, Food Scraps, E -Waste, tires, Bulky Goods and metals generated at Premises owned and/or operated by the City, at the locations and at the frequencies specified on Attachment C, but in no event less than once per week. Collection shall be at a time convenient for the City. The City may direct Contractor to change frequency of collection, number and/or type of container(s) provided, or method of collection. In the event of a natural disaster, Contractor may charge the City the rates in Attachment D for collection of disaster debris. 3.11.2 Collection Services For City Operations and at City Events Each year the City may conduct litter cleanups at any location in City, cleanups in parks and open space areas and other special cleanup events. In addition, each year the City may sponsor or co-sponsor, host or otherwise organize or designate special events, such as parades, public building dedications, conferences of public officials, art shows, music festivals, awards ceremonies, cultural events or organized recreational activities at any of the City's facilities, parks or other venues (whether or not owned by City). Contractor shall provide, at no additional cost, the necessary Containers and Collection service for Collection of MSW, Single Stream Recyclable Materials and Food Scraps for up to and including twenty (20) special events per calendar year (DPS code 2080 -RC - SPE) at no additional charge. Containers provided shall be designed to minimize Contamination of materials and to maximize Diversion including clear markings and graphics showing the type of materials to be placed in each Container, and listing and/or showing what materials types constitute Contamination and are not to be placed in the Container. Containers shall be adequate in size and number for use by the general public attending each event. Contractor shall also provide larger Bins and Roll Off Boxes as needed for MSW and/or the Diversion of cardboard and large quantities of Recyclable Materials and Food Scraps. This includes provision of Bins and Roll Off Containers for pre -event set-up and post -event breakdown activities. Within thirty (30) days of the end of each special event Contractor shall submit a report to City describing in detail the types and numbers of containers provided for MSW, Recyclable Materials, Food Scraps and any other materials, the number of Tons or pounds of each material collected, processed, Diverted or Disposed, and copies of weight tickets showing the City -approved Processing Facility(ies) where the Recyclable Materials, Food Scraps and other Diverted materials were delivered. Said report shall also include the total tons of MSW disposed from the event and the total Tons and percentage of materials Diverted by Contractor from the event. For events in excess of the twenty (20) City sponsored, hosted, or designated events described above, and for non -City sponsored hosted, or designated events Contractor shall charge the rates in Attachment D. Attachment B Scope of Work Page 51 of 65 If requested by a special event operator, sponsor, the City or the owner or operator of a "large venue" or "large event" (as defined in Public Resources Code Section 42648) Contractor shall attend annual or biennial meetings to discuss the types of MSW reduction, reuse and recycling programs to be implemented at "large events" and "large venues". Upon the request of a large event or large venue owner or operator, or at the request of the City, Contractor shall prepare Diversion plans for large events and diversion plans for large venues within the City. Said plans shall be prepared within sixty (60) days after each plan is requested and shall contain all the elements required to implement Public Resources Code Section 42648 et seq. 3.11.3 Additional Collection Services For City Contractor shall, at no additional charge, provide Bulky Item Collection on a monthly basis to City for Bulky Items accumulated by City. City will contact Contractor to arrange for Collection of Bulky Items from the location designated by City. The number of items included in each monthly Collection shall be unlimited, but is estimated to be fewer than five (5) items. This is in addition to the Collection services described in Section 4.10 C of the Agreement. 3.11.4 Collection of MSW, Recyclable Materials in Specified City Parks. Contractor shall provide Collection service for MSW and Recycle Materials at the City parks listed in Attachment T-1. Contractor shall Collect at each park a minimum of three (3) times per week on weekdays, and more frequently as needed in order to ensure space is available in MSW and Recyclable Materials Containers at all times for park visitors. In addition to the three (3) or more weekday Collections, Contractor shall Collect MSW and Recyclable Materials at all parks in Attachment T-1 on each Saturday and Sunday morning prior to nine -o'clock (9:00) a.m. This is the only Collection service that Contractor is allowed to conduct on Sundays unless specifically required in another section of this Agreement or otherwise authorized in writing by the City during the Term. When performing Collection operations at City parks Contractor shall pick up loose MSW and Recyclable Materials inside each enclosure, return Containers to the enclosure, close enclosure doors or gates and leave the enclosure in a neat and clean condition. 3.12 Scout Service Contractor shall provide Scout Service upon Customer request. Customer,s Containers will be moved by a pickup truck, motorized utility cart or other similar lightweight vehicle. Contractor shall move individual Containers containing MSW, Recyclable Materials, Yard Trimmings and/or Food Scraps to a centralized location on the property for Collection by a frontloader vehicle. The Containers will then be returned to their original locations. Contractor shall provide Scout Service to Multi -family and Commercial and Business Establishments at the rates set forth in Attachment D. Attachment B Scope of Work Page 52 of 65 SECTION 4: SPECIAL SERVICES 4.1 Bulky Goods Collection Services. Contractor shall provide Collection services for Bulky Goods at Residential Premises, Multi -Family, and Commercial and Business Establishments in City. Customer or City may request Collection of Bulky Goods forty-eight (48) hours in advance and Collection shall occur on or before the Customer's next regularly scheduled MSW Collection day. Bulky Goods at Residential Premises shall be collected at, or reasonably near curbside, giving due consideration to circumstances of access points, vehicular and pedestrian safety and the like, in accordance with the scheduled appointment time established by Contractor, which shall in no case be earlier than 7:00 a.m. local time. Bulky Goods at Commercial and Business Establishments shall be collected from the MSW enclosure area no earlier than 7:00 a.m. local time. Contractor shall provide four (4) residential curbside Bulky Goods Collections per year of up to four (4) Bulky Goods items per Collection or up to twenty (20) bundles or bags of Yard Trimmings, at no charge to Single Family Residents (DPS 2070 -RC -SNL). For additional Collections of Bulky Goods from Residential Premises and for all Collections of Bulky Goods from Multi -Family Premises and Commercial and Business Establishments, Contractor shall charge the fees set forth in Attachment D. Appliances containing Freon shall not be eligible for the complementary Bulky Goods Collection service but shall be collected by Contractor as provided in Section 4.2. Contractor shall maintain records of the Customers requesting Bulky Goods Collections, the number of Collections requested by each Customer, and the number provided by Contractor. Contractor shall submit such records to the City upon request. 4.2 Collection of Appliances Containing Freon. Contractor shall provide Collection services for appliances (DPS code 4030-SP-WHG) containing Freon (such as refrigerators) at Residential Premises and Commercial and Business Establishments in City. Customer or City may request Collection of said appliances forty-eight (48) hours in advance and Collection shall occur on or before the Customer's next regularly scheduled MSW Collection day. Appliances containing Freon shall be collected at, or reasonably near curbside, giving due consideration to circumstances of access points, vehicular and pedestrian safety and the like, and in accordance with the scheduled appointment time established by Contractor, which shall in no case be earlier than 7:00 a.m. local time. Appliances containing Freon shall be collected from the MSW enclosure areas at Commercial and Business Establishments no earlier than 7:00 a.m. local time. Contractor shall be responsible for the proper removal of the Freon from said appliances in a manner consistent with federal, state and local laws and regulations, and for Recycling the metal from said appliances. Contractor may perform this service itself, or deliver the collected appliances to a fully permitted third party for removal of the Freon and Recycling of the metal. Contractor shall charge the fees in Attachment D for this service. Attachment B Scope of Work Page 53 of 65 4.3 Holiday Greenery Collection and Recycling. Contractor shall collect, at curbside, Christmas trees and other holiday greenery on regular days of MSW Collection service for Residential Premises for two full weeks after December 25th of each year of the Term (DPS code 2070 -RC -SNL). Contractor shall prepare a brochure or postcard informing residents of such Collection service (DPS code 5010 -ED -PRN). Contractor shall submit a draft of brochure or postcard to City for review and approval by October 1 of each year of the Term. The brochure or postcard shall be prepared and mailed first-class postage, and shall be professionally designed and mailed so that residents receive the brochure or postcard not later than December 10. Residents shall be instructed on how to prepare Holiday Greenery for Recycling. Holiday Greenery which complies with these instructions shall be delivered by Contractor to the City designated Compost Facility or other City -designated Processing Facility. Trees and greenery that have been flocked or Contaminated by tinsel shall be delivered to the City designated Disposal Facility. Contractor shall also provide a Christmas tree and holiday greenery drop off on a minimum of two Saturdays between December 26 and January 20. Contractor shall use the site location currently approved as of the Effective Date. If during the Term of the Contract, it is necessary to change the location, Contractor shall locate a proposed site and obtain all required state and local permits for use of the drop off site, which shall be at a location approved by City. Contractor shall provide all equipment and personnel necessary to operate the drop off location in a safe, convenient and orderly manner, observing all traffic and other local laws and regulations. Contractor shall include information on the dates and times of the drop off in the brochure or postcard mailed to residents by December 10 each year. The drop off shall operate for a minimum of six (6) hours each Saturday. Christmas Trees and holiday greenery shall be delivered to the City designated Compost Facility or other City -designated Processing Facility. Trees that have been flocked or Contaminated by tinsel shall be delivered to the City designated Disposal Facility. Contractor shall provide City a written report by February 15th showing tons of Christmas trees and holiday greenery collected at curbside and at drop off events and the Tons delivered to the Compost Facility or other City -designated Processing Facility and to the Disposal Facility. Contractor shall provide City with copies of weight tickets from the Compost Facility or other City -designated Processing Facility and from the Disposal Facility as documentation of the Tons Diverted and Disposed. 4.4 Electronic Waste and Universal Waste Collection. Contractor shall Collect Electronic Waste that cannot legally be Disposed of in a landfill from Residential Premises in City (DPS code 9045 -HH -EWA). Customer or City may request Collection of Electronic Waste forty-eight (48) hours in advance and Collection shall occur on or before the Customer's next regularly scheduled MSW Collection day. Electronic Waste from Residential Premises shall be collected at curbside, in accordance with the scheduled appointment time established by Contractor, which shall Attachment B Scope of Work Page 54 of 65 in no case be earlier than 7:00 a.m. local time. Residential Customers shall receive one free Collection of Electronic Waste per year. For additional collections, Contractor shall charge the rate set forth in Attachment D for this service. Contractor shall Collect Electronic Waste that cannot legally be Disposed of in a landfill from Multi -Family Premises in City (DPS code 9045 -HH -EWA). Customers will be instructed to request collection of Electronic Waste a minimum of seventy-two (72) hours in advance. Electronic Waste from Multi -Family Premises shall be collected from the enclosure closest to the dwelling unit of Customer. Contractor's customer service representative shall coordinate with the Customer requesting the service to note the location of the nearest enclosure. Each Multi -Family unit shall receive one free collection of Electronic Waste per year. For additional collections, Contractor shall charge the rate set forth in Attachment D for this service. Contractor shall collect Electronic Waste that cannot legally be Disposed of in a landfill from Commercial Premises in City (DPS code 9045 -HH -EWA). Customers will be instructed to request Collection of Electronic Waste a minimum of seventy-two (72) hours in advance. Electronic Waste from Commercial Premises shall be collected from the enclosure or other designated area where Contractor customarily collects MSW for the Commercial Premises. Commercial Customers shall receive one free collection of Electronic Waste per year. For additional collections, Contractor shall charge the rates set forth in Attachment D for this service. All Electronic Waste that is collected by Contractor shall be delivered to a fully permitted processing facility for Recycling, reuse or proper treatment, destruction and/or disposal. For purposes of the rates in Attachment D each one of the following constitutes a single item of Electronic Waste: television, computer monitor, computer CPU, computer keyboard, computer mouse, printer, desk copier, multi -function machine (combination copier/fax/printer), VCR, DVD/CD/tape player, cellular telephone, microwave oven, iron, stereo, two (2) stereo speakers, cables, scanner, and all other corded appliances and corded devices that are not defined herein as Universal Waste. Contractor shall collect Universal Waste that cannot legally be Disposed of in a landfill at Residential Premises in City. Customers will be instructed to request collection of Universal Waste a minimum of forty-eight (48) hours in advance and Collection shall occur on or before the Customer's next regularly scheduled MSW Collection day. Universal Waste items shall be collected directly from Customer or from a secure area agreed upon by Contractor's customer service representative and Customer. Contractor shall inform Customers that Universal Waste shall not be left at curbside. Residential Customers shall receive one (1) free collection of Universal Waste each year. For additional collections, Contractor shall charge the rates set forth in Attachment D. Contractor shall collect Universal Waste at all Commercial and Business Establishments in City. Customers will be instructed to request collection of Universal Waste a minimum of forty-eight (48) hours in advance and Collection shall occur on or before the Customer's next regularly scheduled MSW Collection day. Universal Waste Attachment B Scope of Work Page 55 of 65 items shall be collected directly from Customer or from a secure area agreed upon by Contractor's customer service representative and Customer. If the items are placed in Customer's enclosure they shall be boxed or otherwise contained in a safe manner. Contractor shall inform Customers that Universal Waste shall not be left at curbside or in other areas open to the general public. Commercial customers shall receive one (1) free collection of Universal Waste per year. For additional collections, Contractor shall charge the rates set forth in Attachment D for this service. All Universal Waste that is collected by Contractor shall be delivered to a fully permitted processing facility for Recycling and reuse. For purposes of the rates in Attachment D each of the following constitutes a single item of Universal Waste: -Up to sixty (60) common batteries (AA, AAA, C cells, D cells and button batteries) -Up to twelve (12) fluorescent tubes, bulbs and other mercury -containing lamps (including high intensity discharge [HID], metal halide, sodium and neon bulbs) -Up to sixty (60) thermostats containing mercury -Up to sixty (60) electrical switches and relays containing mercury (including those from pre -1972 washing machines, sump pumps, electric space heaters, clothing irons and silent light switches) -Up to sixty (60) pilot light sensors from gas appliances -Up to sixty (60) mercury gauges from barometers, manometers, blood pressure and vacuum gauges -Up to sixty (60) mercury -added novelty items such as greeting cards that play music when opened, athletic shoes with flashing lights in the soles, mercury maze games and similar items -Up to sixty (60) mercury thermometers -Up to sixty (60) aerosol cans that contain hazardous materials Upon approval by the City, the collection and handling of Electronic Waste and/or Universal Waste may be subcontracted out by the Contractor. If a subcontractor is used, the charge for such service shall be clearly identified as the rates set forth in Attachment D for this service. The subcontractor shall comply with City insurance and other requirements as described in Section 11.02 and Article 11. 4.5 Household Hazardous Waste, E -Waste, & U -Waste Drop-off Events. Contractor shall provide two (2) Household Hazardous Waste, E -Waste and U -Waste drop-off events per year for Tustin residents. The events shall be scheduled six (6) months apart and the first event shall be held during October 2019. Each event shall be held on a Saturday. Contractor shall notify all Residents of the events at least one month (30 days) prior to each event. The notice shall inform residents that they should come prepared to demonstrate that they reside in the City of Tustin by showing one of the following items: driver's license, utility bill, Contractor's bill, or other bill with the resident's name and a Tustin address. Contractor shall service all residences and no Attachment B Scope of Work Page 56 of 65 residents shall be turned away. The drop-off event will be conducted on a "first come - first served" basis. Contractor shall operate the event for a minimum of eight (8) hours each day and shall design and operate the event such that a minimum of 30 vehicles per hour dropping off materials can be processed. Contractor shall provide all labor, equipment, safety gear, and shall obtain all required permits for each event. The event shall be held at a site located by Contractor and approved by City. Contractor shall conduct each event in compliance with all applicable federal, state and local laws. All Household Hazardous Waste, E -Waste and U -Waste shall be sorted at the drop-off site and properly prepared and packaged for proper disposal or Recycling. Latex paint and E -Waste delivered to the event shall be Recycled. 4.6 Emergency Services In the event of a natural disaster or other unforeseen emergency situation (e.g. earthquake, riot, or flood) Contractor shall, to the best of Contractor's ability, provide emergency services to City within four (4) hours of notification by the City. Emergency services may include, but are not limited to, loading, collecting and hauling MSW, Construction and Demolition Debris, and large items to processing facilities, landfills or stockpiles as directed by City. Contractor shall provide Collection vehicles, drivers and other personnel to City and shall be compensated directly by City for these services at the rates set forth in Attachment D. In the event that Contractor is unable to provide emergency services or is unable to provide sufficient or timely emergency services to City, City reserves the right to contract with another solid waste enterprise or any other Person on a temporary basis to collect and transport MSW, Construction and Demolition Debris and all other materials as needed for City to protect the public health, safety and welfare. 4.7 Semi -Annual Mu/ch/Compost Giveaway Each year Contractor shall provide two (2) free mulch/Compost distribution events within the City for residential Customers. The mulch product (or Compost) shall be bagged. If Compost is to be distributed, the Compost shall be laboratory tested and shall meet the U.S. Composting Council's Seal of Testing Assurance standards. If mulch is to be distributed, it shall be laboratory tested to ensure it is free from hazardous materials and meets EPA, CalRecycle and Regional Water Quality Control Board standards for pesticides, metals, pathogens and other contaminants. City will provide a distribution site for the events. Laboratory test results of the product(s) to be distributed shall be submitted to City a minimum of fifteen (15) days prior to each distribution event. The site plan, layout, dates and times will be as mutually agreed upon by City and Contractor. Each distribution event shall last for a minimum of three (3) hours and shall be held on a weekend day. A maximum of two (2) bags of mulch or compost shall be provided to each resident. Attachment B Scope of Work Page 57 of 65 4.8 Sharps Collection and Management Program. Contractor shall provide a complementary collection and management program for sharps (needles, lancets, etc.) to all residents of Tustin. The program may be provided directly by Contractor and/or through a City -approved subcontractor. If a subcontractor is used, the subcontractor shall comply with City insurance and other requirements as described in Section 11.02 and Article 11. Contractor shall distribute state and federally approved sharps containers to all residents requesting sharps disposal. Contractor shall also provide such containers to any residents found improperly disposing of sharps in MSW, Recyclable Materials, Food Scraps or other materials placed for collection by Contractor. Contractor shall collect the sharps containers on an on-call basis from Residential and Multi -Family customers upon request, and shall provide a new sharps container to each resident to replace the used container collected by Contractor. Contractor shall collect the sharps from customer's porch, breezeway, or other covered or enclosed location, or from customer directly. (In the case of a Multi -Family complex sharps shall be collected from the Management Office or as directed by the Manager.) Contractor shall instruct customers not to place sharps containers at curbside or in Multi -Family enclosures for collection. Contractor shall properly dispose of collected sharps as required by local, state and federal regulations. Contractor shall provide public education materials to all residents about the sharps program and the availability of sharps containers at least one time annually via a postcard, brochure or other direct mailing. Contractor shall also advertise the program on its web site. In lieu of, or in addition to, on-call sharps collection, Contractor may provide residents with a pre -paid mail -in box or other appropriate package for mailing their sharps container to a state and federally permitted and licensed facility for proper sharps disposal. In such event, Contractor shall deliver, or arrange to have delivered, a new sharps container and prepaid mail -in box or other appropriate packaging to the resident mailing in the used sharps container. Contractor shall provide an annual report to City on the number of sharps containers distributed, the number of sharps collections conducted, and the number of sharps pre -paid mailer kits distributed to residents. Attachment B Scope of Work Page 58 of 65 SECTION 5: PUBLIC INFORMATION AND CONSUMER EDUCATION. 5.1 Genera/. Contractor acknowledges that comprehensive, accurate information and consumer education are essential elements of the City's efforts to comply with the requirements of the Act. Contractor shall implement a public information and consumer education program that is consistent with City's goals. Contractor shall, at every reasonable opportunity, work to: familiarize residents, businesses, Property Managers, institutional representatives and other Persons with essential Source Reduction and Recycling concepts and activities; explain benefits of Recycling, Source Reduction, Food Scrap Collection and Diversion, Composting and other forms of diverting MSW; provide data on Diversion activities in City which are coordinated or provided by Contractor; fully and clearly explain services and programs available to residents, businesses and institutions; publicize materials to be collected for Recycling; diligently pursue expanding markets such that new items, formerly disposed at landfills, become Recyclable Materials and respond to questions or requests for information from residents, businesses, Property Managers, institutional representatives and other Persons. The content of all written materials to be distributed shall be subject to review and approval of City in advance of dissemination. 5.2 Notice to Residents. Contractor shall, during the month of July of each year, notify each Residential Premises Customer of the opportunity to participate, at no additional charge, in the curbside Recycling program, how to obtain a Container or additional Containers if already participating, how to replace a lost, stolen or damaged Container, the benefits of Recycling to the community, and other information as may be appropriate. Contractor shall submit to City by May 1 of each year a notice to City for review and approval. All costs associated with the preparation of a professional, well formatted and designed notice, as a pamphlet or brochure, costs of printing, labeling and mailing (first class postage) shall be borne by Contractor. 5.3 Notice to HOAs and Property Managers. Contractor shall, during the month of October of each year, notify each HOA and Property Manager of any Multi -family Residential Premises, mobile home park and gated development of each method of Recycling available to its residents. This notice shall include the following: (A) provision of a Bin or Bins in a central location, such as a work yard, for drop-off of Recyclable Materials; (B) community drop-offs available for use by residents; and (C) other available methods. Contractor shall submit by August 1 of each year a draft notice to City for review and approval. All costs associated with the preparation of a professional, well formatted and designed notice, as a pamphlet or brochure, costs of printing, labeling and mailing (first class postage) shall be borne by the Contractor. Attachment B Scope of Work Page 59 of 65 One of the Contractor's two Recycling Coordinators will meet with every Property Manager of Multi -family Premises at least twice per year and attend Multi -family related community meetings as requested by Property Managers. The Contractor shall develop and provide the City with the Collection plan for all new Multi -family complexes prior to commencement of service. Contractor shall provide literature and educational materials, and communicate directly and in-person with participating complexes, and alert property or on-site managers where Contamination issues arise. 5.4 Billing Inserts, Coupons, Website. Contractor shall use bill inserts to advertise Recycling and Diversion programs, special services, and special Recycling -related events. Contractor shall make public education materials available to City for placement on the City website, and for distribution at City designated special events. Contractor shall pay for advertising, development and printing of education materials for the programs as defined by City (all 5000 series of DPS codes). 5.3 Brochure for Commercial and Business Establishments. Annually, at Contractor's sole expense, the Contractor shall prepare a professional, well -formatted and designed brochure for Commercial and Business Establishments that describes, at a minimum, the services available, a complete list of current collection rates for all services, benefits and cost savings that may result from participation in Recycling programs, availability of technical assistance from Contractor or other Recycling companies and Persons (DPS code 5020 -ED -PRN). Contractor shall submit to City for review and approval the brochure not later than ninety (90) days after the beginning of the Term. (i.e. on or before July 1, 2019) and on or before July 1 of each year of the Term. Contractor shall distribute the brochure by a first class postage mailing or in-person. The Contractor is responsible for reporting to City the results of phone and in-person contacts on an annual basis. 5.4 Non Bill Mailing Lists. The Contractor shall create and maintain a mailing list of all accounts that are not directly billed, so called "non -bill" Customers. The Contractor may elect to utilize the services of a direct mailing service for these "non -bill" Customers. Examples of non -bill Customers are apartments, mobile homes, condominiums, assisted living facilities, and other lease term/tenant situations such as a business park or strip mall. The mailing list shall be updated on an annual basis at a minimum and shall identify the number of non - bill Customers who are "on service" through a central billing or property owner/Property Manager. The programs requiring an annual mailing to non -bill Customers will include all Diversion programs plus special Recycling services such as Collection of Holiday Greenery. Attachment B Scope of Work Page 60 of 65 5.5 Procedure For Observation and Issuance of Contamination Notices to Customers. Attachment N requires that Contractor's Recycling Coordinators conduct Contamination audits as described therein. In addition to the Contamination audits, if a driver on a route observes Contamination in Containers placed out for Collection and/or in Customer enclosures, Contractor shall instruct drivers to take the following actions: (A) If Contamination exceeds the thresholds described herein, driver shall immediately take pictures of loads exceeding the Contamination limits and immediately transmit the photos to the Recycling Coordinators and the Route Manager/Supervisor (or designated individual) and to the Customer as described below. In the absence of both Recycling Coordinators the driver shall transmit the information to the City Liaison and the Route Manager/Supervisor (or designated individual). The Recycling Coordinators (or City Liaison) shall immediately contact the driver and the driver's Route Manager/Supervisor (or designated individual) via cell phone, radio or equivalent, to discuss and determine whether or not the Container should be collected. (B) If the decision is not to collect the Container, the driver shall leave a hang -tag on the container explaining the type(s) of Contamination observed and the reason for non - collection. The tag shall include the direct dial telephone number for the Recycling Coordinator(s) (or City Liaison) for the Customer to contact regarding the problem. (C) Contractor shall work with the City, the Recycling Coordinators and the on-site Property Manager or other Authorized Customer Representative to reduce Contamination at the subject location. Contractor shall adjust driver productivity requirements and metrics to encourage the identification of Contamination in Containers and in no way shall drivers be penalized for taking adequate time to follow the above-described procedures. [Insert here additional text from selected proposees proposal on how this will be accomplished.] In addition, Contractor shall record Contamination incidents on Customer accounts to include date of incident, record of picture taken, and type of Contamination. If Contractor is using a paper-based system, Contractor shall send the Customer a letter or e-mail explaining the actions taken and the reasons for the actions stating the date and nature of the Contamination and shall include a copy of the picture(s). Contractor shall send a copy of said letter and picture(s) to the City at the same time the letter is sent or delivered to the Customer. The City and the Recycling Coordinators will work with the Customer to provide education and training regarding the Contamination issue. If Contractor utilizes an electronic -based system with a driver -issued Pad, tablet or equivalent, the Contractor shall configure the electronic -based system such that an electronic notification (e.g. a "push notification") is sent to Contractor's dispatcher(s), Recycling Coordinators and to the Customer (if Customer has subscribed to electronic notification service) in "real time", within one (1) hour of the observation. The records of Attachment B Scope of Work Page 61 of 65 such notifications will be maintained for a period of one (1) year in a cloud -based system accessible to the City, and shall be configured such that follow-up actions by Recycling Coordinators are tracked until Customer is in compliance with the Contamination limits and/or any billing disagreement(s) have been resolved. The following Contamination thresholds apply to Residential, Commercial and Business Establishments, Gated Developments, HOA's, mobile home parks and Multi -family complexes: ten percent (10%) in Recyclable Materials Containers, ten percent (10%) in Food Scrap or Yard Trimmings/Wood Containers, and/or twenty percent (20%) in MSW Containers. The following table lists the Diversion program material streams to be collected. This list includes items to be accepted in each Diversion program and items that are considered Contamination in each Diversion program. The City may modify this list at any time during the Term of the Agreement. Diversion Program Material Streams and Contaminants Diversion Program Material Stream Acceptable Materials Unacceptable Materials (Contamination) Single Stream Newspaper, phone books, Paper tissues, paper towels, Recyclable Materials catalogs, magazines, brown paper with plastic coating (i.e. paper bags, packaging, egg photographs, label paper), cartons, white paper, colored paper with food, waxed paper, paper, envelopes (windows foil lined paper, Tyvex (non - are not Contamination), junk tearing) envelopes, non -paper mail, glossy paper, shredded bags, plastic liners (i.e. cereal paper, carbonless paper, bags), windows, mirrors, chipboard/boxboard, dishware, ceramics, light bulbs, cardboard, wrapping paper, fluorescent tubes, wood empty aluminum cans, furniture, Styrofoam, MSW, empty tin cans, juice Hazardous Waste, hard cover containers, beer containers, books/manuals, pyrex sauce containers, soda cans, materials, fiberglass materials, tuna cans, soup cans, loose bubble wrap, tarps, textiles, jar lids, empty aerosol, clothes, shoes, E -Waste, U - empty glass beverage Waste and small manufactured containers, empty glass food goods (e.g. purses, handbags containers, all glass colors, and backpacks) empty CRV and non-CRV plastic containers, trays and bottles #1 through #7, soft cover books/manuals, milk/juice cartons, plastic toys, plastic irrigation or PVC Attachment B Scope of Work Page 62 of 65 Yard Trimmings Wood Food Scraps pipe, rigid plastic sheets or panels, empty plastic buckets and baskets, empty plastic flower pots, plastic crates and carts Loose green material from the yard, grass clippings, leaves, weeds, tree prunings, bush pruning's, plant material, vineyard clippings, tree trunks/stumps/branches 3" or less in diameter Non -treated wood, stained wood, wood with nails, wood with small metal items, tree trunks/stumps/branches (free from leaf and brush material) All food, fruits, vegetables, meat and bones, poultry, seafood, shellfish, dairy products, cheese, eggs and eggshells, rice, beans, bread, pasta, coffee grounds, and plate scrapings of these materials. In the event City directs that food - soiled paper products be included, add: food soiled paper towels, tissue products, paper napkins, paper plates and cups, coffee filters, tea bags, waxed paper, butcher paper, BPI -certified compostable utensils, single use PLA cups, single serve coffee brewing cups and other plant -based utensils; paper take-out boxes and containers, greasy pizza boxes, paper bags and cardboard and wax -coated Attachment B Scope of Work Page 63 of 65 Rocks, dirt, plastic bags, MSW, Single -Stream Recyclables, pet waste, Hazardous Waste, tree trunks/stumps/branches greater than 6" in diameter Painted wood, lacquered wood, creosote treated wood, railroad ties, telephone poles, excessive nails, large metal items, Hazardous Waste Glass, plastics, metal, plastic wrap, silverware, plates, cups, glasses, diapers, MSW, Single Stream Recyclable Materials, food processing liquids, Hazardous Waste (including chlorine, bleaches, ammonia, other cleaning products) rocks, dirt, pet waste. Food soiled paper does not include polystyrene, plastic -backed paper, blue -line paper or blueprints, kitty litter, any paper containing plastics aluminum foil or foil -lined food wrap. 5.6 Website. Contractor shall create and maintain a website with information on all of the City's solid waste and Recycling programs (DPS code 5000-ED-ELC). The Website shall clearly identify the representative of Contractor (e.g. the two Recycling Coordinators or other Person(s)) that Customers can call for additional information or to subscribe to any of the Recycling services. The telephone numbers and e-mail addresses for said Persons shall be clearly displayed on the Website. Contractor shall permit the City to establish a link from the City's website to the Contractor's website for the above -listed information. Attachment B Scope of Work Page 64 of 65 cardboard produce boxes; Concrete Clean concrete, concrete MSW, all other non -concrete with rebar, asphalt not materials (such as stucco), (C&D Program) exceeding 5% of incoming Hazardous Waste (including load by weight, bricks, concrete pipe with asbestos), ceramic tiles, baselite blocks, asphalt exceeding 5% of concrete roof tiles, concrete incoming load by weight pipe without asbestos. Asphalt Clean broken asphalt MSW, all other non -asphalt pavement with dirt not materials, Hazardous Waste, (C&D Program) exceeding 5% of incoming dirt exceeding 5% of incoming load by weight load by weight Metal Ferrous metal, non-ferrous Items less than 90% metal, metal fluids, Hazardous Waste, MSW (C&D Program) Dry Wall Clean dry wall (gypsum) MSW, all other non -dry -wall materials such as stucco, (C&D Program) Hazardous Waste. Cardboard Clean cardboard, chipboard Waxed cardboard, MSW, all non -cardboard items, (Single Stream and Hazardous Waste Single Material Recycling Programs) Mixed Construction All concrete materials, all MSW, all Food Scraps, and Demolition metal materials, all Wood Hazardous Waste Debris materials, all cardboard materials, film plastics, all Yard Trimmings materials, drywall, dirt, soil, asphalt 5.6 Website. Contractor shall create and maintain a website with information on all of the City's solid waste and Recycling programs (DPS code 5000-ED-ELC). The Website shall clearly identify the representative of Contractor (e.g. the two Recycling Coordinators or other Person(s)) that Customers can call for additional information or to subscribe to any of the Recycling services. The telephone numbers and e-mail addresses for said Persons shall be clearly displayed on the Website. Contractor shall permit the City to establish a link from the City's website to the Contractor's website for the above -listed information. Attachment B Scope of Work Page 64 of 65 5.7 Seminars, Workshops, Presentations, Meetings. Contractor shall ensure the attendance of qualified and knowledgeable employees of Contractor, on an as -requested basis, at local seminars, workshops, presentations, meetings and the like, to provide information or discuss matters related to solid waste management and Recycling (DPS Code 5020 -ED -OUT). Attachment B Scope of Work Page 65 of 65 ATTACHMENT C Implementation Plan (To be inserted from Proposal Form 13) ATTACHMENT D Rates to be Charged (To be inserted from Proposal Form 25) ATTACHMENT E Specifications for Wheeled Carts to be Supplied by Contractor 1. Cart Design Requirements - The Carts shall be manufactured by injection or rotational molding and meet the Cart design requirements as specified below 1.1. Capacity — The Company shall provide Carts in three sizes for residential Refuse, Recycling, Yard Trimmings and Food Scraps collection. Acknowledging the different sizes provided by the various Cart manufacturers, the Carts shall be uniform in appearance and must conform to the following ranges in size: • 18 to 22 -gallons • 32 to 35 -gallons, • 60 to 70 -gallons, and • 90 to 100 -gallons 1.2. Cart Handles — The Cart handles and handle mounts may be an integrally molded part of the Cart body or molded as part of the lid. Bolt -on handles are acceptable for all Carts except for those that will accept Food Scraps. The Cart handles will provide comfortable gripping area for pulling or pushing the Cart or lifting the lid. Pinch points are unacceptable. 1.3. Cart Lid — Each container shall be provided with a lid that continuously overlaps and comes in contact with the container body or otherwise causes an interface with the container body that simultaneously: • Prevents the intrusion of rainwater, rodents, birds, and flies; • Prevents the emission of odors; • Enables the free and complete flow of recycling material from the container during the dump cycle without interference with the material already deposited in the truck body or the truck body itself and its lifting mechanism; • The lid handle shall be an integrally molded part of the lid; • Permits users of the container to conveniently and easily open and shut the lid throughout the serviceable life of the container; • The lid (and body) must be of such design and weight that would prevent an empty container from tilting backward when flipping the lid open; • The lid shall be hinged to the Cart body in such a manner so as to enable the lid to be fully opened, free of tension, to a position whereby it may rest against the backside of the container body; and • The lid shall be designed to be easily removed in the event of damage or failure. The hinge assembly shall not be capable of being readily removed by the public by hand or with ordinary tools. 1.4. Foot -Hold — Each Cart shall have a foot -hold area on the back of the container to allow for foot placement so as to assist in tilting back the container prior to rolling it. If Food Scraps are being placed in the Cart, the foot hold holes shall be sealed so that Food Scrap liquids do not leak through the holes. Attachment E Page 1 of 6 1.5. Cart Colors — The Refuse, Recycling, Yard Trimmings and Food Scrap Carts will be differentiated by color. The colors shall be colorfast and resistant to fading as a result of weathering or ultraviolet degradation. Color must be uniform within each container, conforming through visual inspection to an acceptable range of color to be determined by the City after award of the contract. The colors shall be as follows: The color -coding scheme for all Residential Carts shall be black for MSW Carts, green for Yard Trimmings Carts, gray for Single Stream Recyclable Materials Carts and brown for Food Scrap Carts (if and when City directs implementation of a source -separated Food Scrap Collection Program as described in Section 2.3.1 of this Attachment B). 1.6. Wheel Design and Axle Assembly — Each cart shall be equipped with an axle and two wheels, positioned on the bottom of the container to facilitate it being pushed or pulled with little effort with load weights up to its maximum load capacity as set forth in Section 3.2. If Food Scraps are being placed in the Cart, the axel holes shall be sealed so that Food Scrap liquids do not leak through the holes. 1.7. Identification Markings — The following markings shall be permanently marked (hot stamped in white color) on the exterior lid of each container in character size of no less than one (1) inch, the phrases: PROPERTY OF THE CITY OF TUSTIN ILLEGAL TO REMOVE FROM ADDRESS In character size in the range of 1/4 to 3/4 inch, the following phrases: DO NOT PLACE FLAMMABLE PRODUCTS OR HOT ASHES IN THIS CONTAINER DO NOT DISPOSE OR HAZARDOUS MATERIALS IN THIS CONTAINER NO PONGA PRODUCTOS INFLAMABLES O CENIZAS EN ESTE NO PONGA MATERIALS PELIGROSOS EN ESTE RECIPIENTE In character size in the range of 1/4 to 3/4 inch, the following item: Attachment E Page 2 of 6 MANUFACTURED (MONTH, YEAR) (as appropriate) MANUFACTURER'S IDENTIFICATION CODE (at the option of Contractor) The following markings shall be hot -stamped in white co%rin both English and Spanish on the backside of the Cart. In character size of no less than 1/4 inch, the phrase: DO NOT TILT OR ROLL CONTAINER WITH LID OPEN NO RUEDE EL RECIPIENTE CON LA TAPA ABIERTA An arrow (at least 3 inches by 5 inches) hot stamped in white co%rshall be place on the lid, indicating the direction of Cart placement. In character size of no less than 3/16 inch, the phrase: PLACE CONTAINER WITH ARROW FACING STREET FOR COLLECTION COLOQUE EL RECIPIENTE CON LAS FLECHAS HACIA LA CALLE Additionally, the "City of Tustin," the City of Tustin logo and REFUSE, RECYCLING, YARD TRIMMINGS or FOOD SCRAPS must be hot stamped in white color on the front or sides of the Cart, for example: City of Tustin (Logo) REFUSE Attachment E Page 3 of 6 1.8. Sticker Attachment Area - Cart lids shall have a molded depression no less than 5 inches tall and 11 inches wide where the Contractor shall attach a color, weather-proof adhesive label indicating the materials accepted in each of the Carts. 1.9. Additional Parts — All parts necessary for the Cart to be complete and ready for operation and use by the residents of the City shall be furnished by the Company. 10. Replacement Parts — All replacement and repair parts and components shall be of the same or better quality as the original parts provided to the City and must meet the same requirements as set forth in Section 2 — Cart Performance Requirements. 2. Cart Performance Requirements — All Carts shall be designed and manufactured to meet the minimum performance requirements described below. 2.1 Minimum Service Life — Carts shall have the capability for continual, uninterrupted use as refuse/recycling/yard waste Carts in residential applications as set for in the Agreement for a minimum period of ten (10) years, herein referred to as the "Minimum Service Life." The Minimum Service Life shall be measured from the date of delivery or distribution. 2.2 Cart Load Capacity — Depending on the capacity, the Carts shall have a minimum load capacity as noted below without container distortion, damage, or reduction in maneuverability or any other functions as required herein. Cart Size (Gallons) Minimum Load Capacity (LBS) 90-100 200 60-70 130 32-35 70 18-22 30 2.3 Cart Durability — Carts shall remain durable, and at a minimum, shall meet the follow durability requirements to satisfy its intended use and performance, for a period of ten (10) years: • Maintain its original shape and appearance; • Be resistant to kicks and blows; • Require no routine maintenance and essentially be maintenance free; Attachment E Page 4 of 6 • Not warp, crack, rust, discolor, or otherwise deteriorate over time in a manner that will interfere with its intended use; • Resist degradation from ultraviolet radiation; • Be incapable of penetration by biting or clawing of household pets (i.e., dogs and cats); • The bottoms of Cart bodies must remain impervious to any damage, that would interfere with the Cart's intended use after repeated contact with gravel, concrete, asphalt or any other rough and abrasive surface; • All wheel and axle assemblies are to provide continuous maneuverability and mobility as originally designed and intended; and, • Resist degradation by other airborne gases or particulate matter currently present in the ambient air of the City. 2.4 Chemical Resistant — Carts shall resist damage from common household or residential products and chemicals. Carts, also, shall resist damage from human and animal urine and feces. 2.5 Stability and Maneuverability — The Carts shall be stable and self -balancing in the upright position, when either empty or loaded to its maximum design capacity with an evenly distributed load, and with the lid in either a closed or open position. The Carts shall be capable of maintaining its upright position in sustained or gusting winds of up to 25 miles per hour as applied from any direction. The Carts shall be capable of being easily moved and maneuvered, with an evenly distributed load equal in eight to its maximum design capacity on a level, sloped or stepped surface. 2.6 Lid Performance — Cart lid assemblies shall meet the following minimum requirements: • Prevent damage to the Cart body, the lid itself of any component parts through repeated opening and closing of the lid by residents or in the dumping process as intended; • Remain closed in winds up to 25 miles per hour from any direction. All lid hinges must remain fully functional and continually hold the lid in the original designed and intended positions when either opened or closed or any position between the two extremes; and, • Lids shall be designed and constructed such that it prevents physical injury to the user while opening and closing the container. 2.7 Reparability — Minor cracks, holes, and other damages to hinges, wheels, axle, hardware, and other component parts shall be readily repairable by the contractor personnel with minimum training and supervision. All repairs shall be capable of being Attachment E Page 5 of 6 performed by one person in the field. All repairs must restore the container to its full functionality to meet the design and performance requirements as set for herein. 3. Cart Ownership and Maintenance Responsibilities — The Company shall be responsible for Cart repair and maintenance, graffiti removal, and replacing lost, stolen or damaged Carts within 24 hours at no additional charge to the customer or to the City. If approved in advance by the City on a case-by-case basis, Company may charge customer a fee no higher than the Company's actual cost of repair and replacement in the event of willful neglect or abuse of the cart by the customer. All Carts provided under this Agreement shall become the property of the City at the end of this Agreement. The City reserves the right to have the Company remove the carts at the end of the contract term at no charge to the City. The following numbers, specifications, and types of containers shall be furnished by contractor (insert content from Proposal Form 12 here). Attachment E Page 6 of 6 ATTACHMENT F-1 Collection Vehicles to be Furnished By Contractor (To be inserted from Proposal Form 8) ATTACHMENT F-2 Light Weight Collection Vehicles to be Furnished By Contractor (To be inserted from Proposal Form 9) ATTACHMENT F-3 On -Board Technology to be Provided by Contractor on Collection Vehicles to Increase Safety and Efficiency (To be inserted from Proposal Form 10) ATTACHMENT F-4 Technology Innovations to be Provided by Contractor (To be inserted from Proposal Form 11) ATTACHMENT G Contractor -Furnished Personnel and Names of Key Personnel (To be inserted from Proposal Forms 5 and 7) Attachment H Density Audits Residential, Multi -family, and Commercial Route Density Audit Protocol and Multi- family and Commercial Sector -Specific Density Audit Protocol Note: As used herein, "stream" refers to Residential, Commercial or Multi -Family "streams". Residential includes Gated Developments, HOA's and Mobile Home Parks with individual Cart service. Multi -Family includes Gated Developments, HOA's and Mobile Home Parks with centralized Bin/Cart service. "Component" refers to the type of material: Single Stream Recyclable Materials, Yard Trimmings/Wood, Food Scraps, Co - collected Yard Trimmings/Wood and Food Scraps or Construction and Demolition Debris. 1. Density Audit Protocol — Actual Material Densities Quarterly, the Contractor shall conduct the following Residential, Multi -family and Commercial route density audits for the following active routes: Stream Component Frequency of Density Audits Sample Size MSW Quarterly. City may At least 50 full direct less frequent Carts (95%+ Recyclable Materials Yard Trimmings audits if consistent full). Food Scraps (if directed by City) Residential results are achieved (i.e. plus or minus Co -collected Yard 10% variation). Trimmings and Food Scraps (if directed by City) MSW Quarterly. City may At least 30 full direct less frequent Bins (95%+ full). Recyclable Materials Yard Trimmings audits if consistent Food Scraps Commercial results are achieved Co -collected Yard (i.e. plus or minus Trimmings and Food 10% variation). Scraps (if directed by City) MSW Quarterly. City may At least 30 full direct less frequent Bins (95%+ full). Recyclable Materials Yard Trimmings audits if consistent Food Scraps (if directed by City) Multi -family results are achieved (i.e. plus or minus Co -collected Yard 10% variation). Trimmings and Food Scraps (if directed by City) Attachment H Page 1 of 3 Attachment H Density Audits Audit Protocol 1. During the course of each calendar quarter, beginning in Q3 of 2019 (July — September 2019), Contractor will select a random representative sample of 30 or more full Commercial Containers, 30 or more full Multi -family Containers and 50 or more full Residential Containers to Collect for each of the active routes noted above. Full is defined as 95% or more capacity utilization. Prior to each audit, Contractor will submit its proposed method for selection of a random representative sample of Containers for each stream for approval by City. The audit will proceed once City has approved a method for obtaining a random representative sample. 2. For each active component of each stream shown in the table above, Contractor will Collect at least 30 full Commercial, 30 full Multi -family Containers, and 50 or more full Residential Containers in a dedicated vehicle (i.e. one vehicle will collect a representative sample from the Commercial stream, MSW component) and deliver it to a certified scale to determine the total weight collected. 3. The net tonnage (gross tonnage minus vehicle tare weight) of the representative samples shall be divided by the total yards collected to calculate a density for each of the components of each stream audited. 4. The Contractor shall report to the City in the Quarterly reports included in Attachment K, the measured densities, in lbs. per cubic yard, of all active components of the Residential, Commercial and Multi -Family streams. 2. Commercial vs. Multi -Family Stream -Specific Density Audit Protocol Twice annually, if the Contractor opts to allocate tonnage between Commercial and Multi -family routes using a volume -based allocation system as described in Section 9.05 of the Agreement, the Contractor shall conduct the following Multi -Family and Commercial route density audits for the following active routes: Commercial MSW Multi -Family MSW Commercial Single Stream and Single Material Recyclables Multi -Family Single Stream and Single Material Recyclables Commercial Yard Trimmings Multi -Family Yard Trimmings Commercial Food Scrap Recycling (if directed by City) Multi -Family Food Scrap Recycling (if directed by City) Commercial Co -collected Food Scrap and Yard Trimmings Recycling (if directed by City) Multi -family Co -collected Food Scrap and Yard Trimmings Recycling (if directed by City) Note: If the Contractor has dedicated routes (i.e. Multi -family only and Commercial only routes) or if an on -board scale system that weighs Containers at time -of -service, the following audits are not required. (See Section 9.05 of the Agreement.) Attachment H Page 2 of 3 Attachment H Density Audits Protocol for Stream -Specific Density On -Service Audits 1. Contractor will select a representative sample of accounts for each of the active routes noted above. A representative sample shall consist of no fewer than 100 cubic yards of service. Prior to each audit, Contractor will submit its proposed method for selection of a random representative sample of Containers for each stream for approval by City. The audit will proceed once City has approved a method for obtaining a random representative sample. 2. For each active component of each stream, Contractor will collect a representative sample in a dedicated vehicle (i.e. one vehicle will collect a representative sample from the Commercial stream, MSW component) and deliver it to a certified scale to determine the total weight collected. 3. The net tonnage of the material Collected in the representative sample shall be divided by the total yards on service to calculate a density for each of the streams audited. 4. The calculated density of each component's cubic yardage as obtained in Step 3, will be applied to the portion of cubic yards Collected from each stream when Collection routes are blended between Commercial and Multi -family Customers. For example, a route with 80 cubic yards on service Collects Food Scraps from both Commercial and Multi -Family Customers. If 50 cubic yards of the 80 -cubic yard Food Scrap route is collected from Multi -Family Customers and this Food Scrap component had a measured density of 150 lbs. per cubic yard (as calculated in Step 3), a weight of 7,500 lbs. of Food Scraps would be ascribed to the Multi -Family Customers on this route in the monthly tonnage reports. If the other 30 cubic yards was Collected from Commercial Customers, and the density calculated in Step 3 was 250 lbs. per cubic yard, 7,500 lbs. of Food Scraps would be attributed to the Commercial Customers on this route in the monthly tonnage reports. 5. Stream and component -specific densities will be reported to the City in the first quarterly report, as described in Attachment K, following the completion of the audits (i.e. if the audits were completed in June 2019, the results shall be included in the quarterly reporting for April — June 2019). The densities will be used on the Contractor's monthly reports, as described in Attachment K, to allocate tonnage between Commercial and Multi -Family generators if mixed routes are used. The City -approved, sector -specific densities shall be applied to the reports described in Attachment K the first reporting period after approval by the City. Per Article 9.05 of the Agreement, the Contractor will not be required to conduct these audits if Contractor operates dedicated Multi -Family and Commercial routes or Contractor utilizes on -board scales to weigh each Container at the time of service. Attachment H Page 3 of 3 Attachment I AMENDMENT TO WASTE DISPOSAL AGREEMENT Between THE COUNTY OF ORANGE, CALIFORNIA County Amendment Authorization Date .2016 County Notice Address: Director OC Waste and Recycling 300 N. Flower. Suite 400 Santa Ana, CA 92703 2016 Amendment to Waste Disposal Agreement and the CITY OF TUSTIN \ 1 2016 City Amendment Authorization Date: April 5. 2016 City Notice Address: City Manager City of Tustin 300 Centennial Way Tustin, CA 92780 AMENDMENT TO WASTE DISPOSAL AGREEMENT THIS AMENDMENT TO WASTE DISPOSAL AGREEMENT (the "Amendment") is made and dated as of the date indicated on the cover page hereof between the County of Orange, a political subdivision of the State of California (the' -County"), and the City designated on the cover page of this Amendment, a general law or charter city and political subdivision of the State of California (the "City"). RECITALS The County owns, manages and operates a sanitary landfill system for the disposal of municipal solid waste generated by the cities and the unincorporated area within the County (the "Disposal System"). The Disposal System includes three active landfills and four regional household hazardous waste collection centers. The Disposal System is used for the disposal of municipal solid waste which is not reused, recycled or otherwise diverted from landfill disposal, pursuant to the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code) (the "Act"). The County has entered into waste disposal agreements in 2009 (the "Original Waste Disposal Agreements") with all of the cities in the County, including the City, as well as certain sanitary districts located in the County (the "Participating Cities"), pursuant to which the County agreed to provide disposal capacity for waste generated in or under the control of the Participating Cities, and the Participating Cities agreed to deliver or cause the delivery of waste generated in or under the control of the Participating Cities to the Disposal System, as more specifically set forth in, and subject to the terms and conditions of, the Original Waste Disposal Agreements. The City has determined that the execution of this Amendment by the City is in the best interest of the City and will serve the public health, safety and welfare by providing greater disposal rate stability, more predictable and reliable long-term disposal service, and sound environmental management. The County has determined that the execution by the County of this Amendment will serve the public health, safety and welfare by providing a more stable, predictable and reliable supply of municipal solid waste and the resulting service payment revenue to the Disposal System, thereby enabling the County to plan, manage, operate and finance improvements to the Disposal System on a more prudent and sound long term, businesslike basis consistent with its obligations to the State and the holders of obligations secured by its Disposal System. Official action approving this Amendment and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the County on the County authorization date indicated on the cover page hereof. Official action approving this Amendment and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the City on the City authorization date indicated on the cover page hereof. It is, therefore, agreed as follows: 2016 Amendment to Waste Disposal Agreement Section 1. Amendment to Ori ing aL I Waste Disposal Agreement. (a) Sections 3.6(C) and 3.6(E) of the Original Waste Disposal Agreement are deleted and replaced in their entirety, as set forth below: "(C) Receipt of Imported Acceptable Waste on a Contract Basis. Throughout the Term hereof, the County shall have the right to enter into a contract or other agreement with any municipal or private non -County entity for the delivery of Imported Acceptable Waste on terms and conditions that the County determines to be necessary to ensure and enhance the viability of the Disposal System for the benefit of the County and the Participating Cities and to generate Net Import Revenues. The County certifies that in its good faith judgment the contract or other agreement for the delivery of such waste will not materially and adversely affect the ability of the County to receive and dispose of Acceptable Waste from the Participating Cities in accordance with the applicable Disposal Agreements throughout the Term thereof. " "(E) Application and Use of Revenues From Other Users. (1) Throughout the term hereof, all revenues received by the County from the disposal of County Acceptable Waste by the Disposal System, and all revenues received by the County from the disposal of Imported Acceptable Waste by the Disposal System (including amounts received by the County as a result of the failure of contract counterparties to deliver minimum required amounts of Imported Acceptable Waste) , shall be deposited by the County in the County OC Waste & Recycling Enterprise Fund and shall constitute revenues of the Disposal System. Pursuant to the County's Plan of Adjustment, the County is entitled to receive net revenues (after payment of all costs attributable to the acceptance of such Imported Acceptable Waste at the Disposal System) ("Net Import Revenues") from the disposal of Imported Acceptable Waste by the Disposal System. Costs attributable to the disposal of Imported Acceptable Waste include deposits to the Environmental Fund, deposits to closure and postclosure reserves, City host fees (if applicable), operating costs (such as manpower expenditures, equipment, services and supplies expenditures), state surcharges, and a pro rata share of capital project costs. Net Import Revenues shall be used for the payment of bankruptcy related obligations until payment in full of such bankruptcy related obligations required to be paid from such Net Import Revenues pursuant to the Plan of Adjustment. It is estimated that payment in full of such bankruptcy related obligations required to be paid from such Net Import Revenues pursuant to the Plan of Adjustment will occur by the end of Fiscal Year 2017-18. (2) Until the County's obligation to apply Net Import Revenues for the payment of bankruptcy related obligations in accordance with the Plan of Adjustment has been satisfied in full, Net Import Revenues shall be calculated as provided in Section (3.6)(E)(1). For any period after the County's obligation to apply Net Import Revenues for the payment of bankruptcy related obligations in accordance with the Plan of Adjustment has been satisfied in full, Net Import Revenues shall be calculated as follows: (i) in Fiscal Year 2017-18, Net Import Revenues for each ton of Imported Acceptable Waste received shall be equal to the revenues received for the disposal of such ton of Imported Acceptable Waste (excluding any newly established per -ton fees or increases to existing per -ton fees with respect to Imported Acceptable Waste payable to the State, other regulatory agencies or cities in which facilities in the Disposal System are located) in excess of $17.57 per ton; (ii) in Fiscal Year 2018-19, Net Import Revenues for each ton of Imported Acceptable Waste received shall be equal to the revenues received for the disposal of such ton of Imported 2016 Amendment to Waste Disposal Agreement Acceptable Waste (excluding any newly established per -ton fees or increases to existing per -ton fees with respect to Imported Acceptable Waste payable to the State, other regulatory agencies or cities in which facilities in the Disposal System are located) in excess of$18.0E per ton; (iii) in Fiscal Year 2019-20, Net Import Revenues for each ton of Imported Acceptable Waste received shall be equal to the revenues received for the disposal of such ton of Imported Acceptable Waste (excluding any newly established per -ton fees or increases to existing per -ton fees with respect to Imported Acceptable Waste payable to the State, other regulatory agencies or cities in which facilities in the Disposal System are located) in excess in excess of $18.46 per ton; and (iv) thereafter, Net Import Revenues shall be equal to 30% of the revenues received by the County from the disposal of Imported Acceptable Waste (excluding any newly established per -ton fees or increases to existing per -ton fees with respect to Imported Acceptable Waste payable to the State, other regulatory agencies or cities in which facilities in the Disposal System are located). (3) After the County's obligation to apply Net Import Revenues for the payment of bankruptcy related obligations in accordance with the Plan of Adjustment has been satisfied in full (i) 50% of any Net Import Revenues (as calculated pursuant to Section 3.6(E)(2)) shall be paid to the County General Fund; and (ii) 50% of such Net Import Revenues shall be paid to the Participating Cities (and to the County, with respect to the unincorporated area) listed in Appendix 5 for use for any purpose by the Participating City, including but not limited to state mandated solid waste programs. Payments of such amounts to the County General Fund and the Participating Cities shall be made by the County within 90 days after the end of each fiscal year. The portion of Net Import Revenues specified above payable to the Participating Cities shall be apportioned in the percentages set forth in Appendix 5. (4) The percentages set forth in Appendix 5 with respect to each Participating City will be adjusted at the end of Fiscal Year 2019-20 to reflect the percentage of actual deliveries of Acceptable Waste from each Participating City as compared to the total amount of actual deliveries from all of the Participating Cities during Fiscal Years 2017-18, 2018-19, and 2019-20. The County shall notify each Participating City of the revised percentages in Appendix 5 within 120 days after the end of Fiscal Year 2019-20. The revised percentages will be used for the allocation of Net Import Revenues generated during Fiscal Year 2020-21 and thereafter. (b) Section 4.2(A)(z) is added to the Original Waste Disposal Agreement (immediately following Section 4.2(A)(y)) as follows: "(z) decrease the amount of Net Import Revenues otherwise payable to the County General Fund and the Participating Cities pursuant to Section 3.6(E)(2) and Section 3.6(E)(3) and use the amount of such decrease to pay costs of the Disposal System." (c) Section 6.](A) and Section 6.1(B) of the Original Waste Disposal Agreement are deleted and replaced in their entirety with the following: 2016 Amendment to Waste Disposal Agreement "SECTION 6.1 EFFECTIVE DATE AND TERM. (A) Initial Term. This Agreement shall continue in full force and effect until June 30, 2025, unless earlier terminated in accordance with its terms, in which event the Term shall be deemed to have expired as of the date of such termination. (B) Option to Renew. This Agreement shall be subject to renewal by mutual agreement of the parties, on or before June 30, 2023, for an additional term of ten years (the "Renewal Term") on the same terms and conditions as are applicable during the Initial Term hereof. The City shall give the County written notice of its irrevocable election to renew this Agreement on or before June 30, 2022. If the parties do not renew this Agreement by June 30, 2023, the Agreement shall expire on June 30, 2025." (d) The first sentence of Section 6.1(C) of the Original Waste Disposal Agreement is deleted in its entirety and replaced with the following: "In connection with the parties' right to renew this Agreement for an additional ten-year term pursuant to Section 6.1(B), the parties shall, on or before June 30, 2023, negotiate an applicable change in the Contract Rate for such renewal term." (e) Appendix 2 of the Original Waste Disposal Agreement is deleted in its entirety and replaced with the form attached hereto. (f) Appendix 5 shall be added to the Original Waste Disposal Agreement as a new appendix, in the form attached hereto. (g) All other terms and conditions of the Original Waste Disposal Agreement shall remain in full force and effect. Section 2. Initial Payment. As consideration for the execution of this Amendment by all of the Participating Cities, and subject to the occurrence of the Amendment Effective Date pursuant to Section 3, the County agrees to pay, from the County OC Waste & Recycling Enterprise Fund, the Amendment Payment to the Participating Cities listed in Appendix 5. The aggregate Amendment Payment shall be $5,400,000, and shall be distributed to the individual Participating Cities (including the City) in the percentages set forth in Appendix 5 by September 30, 2016. Section 3. Effectiveness of Amendment. The provisions of this Amendment shall not become effective unless and until the Amendment has been executed by the County and all of the Participating Cities. The date on which the County and all of the Participating Cities have executed the Amendment shall be the "Amendment Effective Date." The County shall give written notice of the Amendment Effective Date to the City. In the event that the Amendment Effective Date does not occur by June 30, 2016, this Amendment shall be automatically terminated and the County shall have no obligation to make the Amendment Payment. Section 4. REPRESENTATIONS AND WARRANTIES OF THE PARTIES. Each of the parties to this Amendment represent and warrant that it is a political subdivision of the State of California validly existing under the Constitution and laws of the State and (ii) it has duly authorized the execution and delivery of this Amendment, and has duly executed and delivered the Amendment. 2016 Amendment to Waste Disposal Agreement All other terms and conditions of the 2009 Original Waste Disposal Agreement not specifically changed by this Amendment, shall remain in full force and effect. IN WITNESS WHEREOF. COUNTY and CITY have caused this Amendment to be executed by their duly authorized officers or representatives as of the day and year first above written. Date 4 /�A // b Date 4 . 1 • (%P Date APPROVED AS TO FORM: COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA By Z'�Z,,e mes Steinmann, Deputy 2016 Amendment to Waste Disposal Agreement COUNTY OF ORANGE By Dt t r, OC Was Recycling A By xi__— Parker e- City Manager City of Tustin [NAME] City Representative City of [CITY] APPENDIX 2 County Acceptable Waste Tonnage Target to be Used for Purposes of Section 4.2(b) 2016 Amendment to Waste Disposal Agreement APPENDIX 5 PARTICIPATING CITY ALLOCATION PURSUANT TO SECTION 3.6 city Allocation Percentage for Allocation of Purposes of Section 3.6 Initial Payment Anaheim 13.18% $711,509 Aliso Viejo 0.67 36,416 Buena Park 2.34 126,275 Brea 2.28 123,085 Costa Mesa 2.18 117,936 Costa Mesa Sanitary District 1.48 79,976 Cypress 2.56 138,115 Dana Point 0.99 53,278 Fullerton 4.10 221,271 Fountain Valley 1.76 95,217 Garden Grove/ GG Sanitary District 7.17 387,197 Huntington Beach 6.13 330,807 Irvine 8.22 444,036 Laguna Beach 1.14 61,796 Laguna Hills 0.74 40,098 Laguna Niguel 1.36 73,341 Laguna Woods 0.41 22,274 La Habra 1.69 91,431 Lake Forest 2.45 132,214 La Palma 0.32 17,325 Los Alamitos 0.58 31,362 Mission Viejo 2.42 130,902 Newport Beach 3.68 198,946 Orange 4.90 264,468 Placentia 1.58 85,116 Rancho Santa Margarita 1.11 60,009 Santa Ana 10.60 572,184 San Clemente 1.40 75,728 San Juan Capistrano 1.23 66,420 Seal Beach 0.82 44,292 Stanton 1.62 87,287 Tustin 1.42 76,648 Villa Park 0.21 11,081 Midway City Sanitary District (Westminster) 2.13 114,893 Yorba Linda 1.78 96,344 County Unincorporated 3.35 180,723 Totals 100% $5,400,000 2016 Amendment to Waste Disposal Agreement WASTE DISPOSAL AGREEMENT Between THE COUNTY OF ORANGE, CALIFORNIA and the CITY OF TUSTIN Dated ft, 2009 County Authorization Date: March 24, 2009 County Notice Address: Director OC Waste & Recycling 300 N. Flower Street, Suite 400 Santa Ana, CA 92703 Execution Copy City Authorization Date: City Notice Address: TABLE OF CONTENTS Page ARTICLE I DEFINITIONS AND INTERPRETATION Section1.1 DEFINITIONS..................................................................................................................................2 Section1.2 INTERPRETATION.........................................................................................................................7 ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1 REPRESENTATIONS AND WARRANTIES Of THE CITY........................................................8 Section 2.2 REPRESENTATIONS AND WARRANTIES OF THE COUNTY.................................................9 ARTICLE III DELIVERY AND ACCEPTANCE OF WASTE AND PROVISION OF DISPOSAL SERVICE Section3.1 DELIVERY OF WASTE..................................................................................................................9 Section 3.2 PROVISION OF DISPOSAL SERVICES BY THE COUNTY.....................................................11 Section 3.3 COUNTY RIGHT TO REFUSE WASTE......................................................................................12 Section 3.4 UNINCORPORATED AREA ACCEPTABLE WASTE...............................................................13 Section 3.5 MISCELLANEOUS OPERATIONAL MATTERS.......................................................................14 Section 3.6 OTHER USERS OF THE DISPOSAL SYSTEM..........................................................................14 Section 3.7 COUNTY PROVISION OF WASTE DIVERSION SERVICES...................................................15 ARTICLE IV CONTRACT RATE Section 4.1 CHARGING AND SECURING PAYMENT OF CONTRACT RATE.........................................15 Section4.2 CONTRACT RATE........................................................................................................................15 Section 4.3 RESPONSIBILITY FOR PAYMENT OF THE CONTRACT RATE...........................................21 Section 4.4 BILLING OF THE CONTRACT RATE........................................................................................21 Section 4.5 RESTRICTED RESERVES............................................................................................................21 Section 4.6 AUDITED FINANCIAL STATEMENTS......................................................................................22 Section 4.7 ANNUAL UPDATE OF TEN-YEAR FINANCIAL PROJECTION.............................................22 ARTICLE V BREACH, ENFORCEMENT AND TERMINATION Section5.1 BREACH........................................................................................................................................23 Section 5.2 CITY CONVENIENCE TERMINATION.....................................................................................23 Section5.3 TERMINATION.............................................................................................................................23 Section5.4 NO WAIVERS................................................................................................................................24 Section 5.5 FORUM FOR DISPUTE RESOLUTION......................................................................................24 ARTICLE VI TERM Section 6.1 EFFECTIVE DATE AND TERM..................................................................................................24 Section6.2 COMMENCEMENT DATE...........................................................................................................25 Execution Copy Section 7.1 Section 7.2 Section 7.3 Section 7.4 Section 7.5 Section 7.6 Section 7.7 Section 7.8 Section 7.9 Section 7.10 Section 7.11 Section 7.12 Section 7.13 Section 7.14 Section 7.15 Section 7.16 APPENDIX 1 ARTICLE VII GENERAL PROVISIONS OPERATION AND MAINTENANCE OF THE DISPOSAL SYSTEM.......................................26 UNCONTROLLABLE CIRCUMSTANCES GENERALLY........................................................26 INDEMNIFICATION..................................................................................................................... 27 RELATIONSHIP OF THE PARTIES............................................................................................27 LIMITEDRECOURSE..................................................................................................................27 PRE-EXISTING RIGHTS AND LIABILITIES.............................................................................27 NOVESTED RIGHTS...................................................................................................................28 LIABILITY FOR COLLECTION, TRANSPORTATION AND PROCESSING ..........................28 NO CONSEQUENTIAL OR PUNITIVE DAMAGES..................................................................28 AMENDMENTS............................................................................................................................28 NOTICEOF LITIGATION............................................................................................................28 FURTHERASSURANCES...........................................................................................................28 ASSIGNMENTOF AGREEMENT...............................................................................................28 INTEREST ON OVERDUE OBLIGATIONS...............................................................................28 BINDINGEFFECT........................................................................................................................28 NOTICES........................................................................................................................................28 ESTIMATED ANNUAL TONNAGE APPENDIX 2 CUMULATIVE TONNAGE TARGETS APPENDIX 3 CUMULATIVE CAPITAL COSTS APPENDIX 4 FORM OF HAULER ACKNOWLEDGEMENT ii Execution Copy WASTE DISPOSAL AGREEMENT THIS WASTE DISPOSAL AGREEMENT is made and dated as of the date indicated on the cover page hereof between the County of Orange, a political subdivision of the State of California (the "County"), and the City designated on the cover page of this Agreement, a general law or charter city and political subdivision of the State of California (the "City"). RECITALS The County owns, manages and operates a sanitary landfill system for the disposal of municipal solid waste generated by the cities and the unincorporated area within the County (the "Disposal System"). The Disposal System includes three active landfills and four regional household hazardous waste collection centers. The Disposal System is used for the disposal of municipal solid waste which is not reused, recycled or otherwise diverted from landfill disposal, pursuant to the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code) (the "Act"). The City, in the exercise of its police power and its powers under the Act, has entered into a franchise or other agreement with or issued permits or licenses to one or more private haulers for the collection and disposal of municipal solid waste generated within the City. A significant portion of municipal solid waste generated within the City historically has been and currently is delivered by such hauler or haulers to the County for disposal in the Disposal System. In 1997, the City and the County entered in a waste disposal agreement (the "Original WDA"), pursuant to which the County agreed to provide disposal capacity for waste generated in the City, and the City agreed to deliver or cause the delivery of waste generated in the City to the Disposal System, as more specifically set forth in, and subject to the terms and conditions of, the Original WDA. The Original WDA, as amended, will expire by its terms on June 30, 2010, unless the City and the County agree to renew the Original WDA. The City and the County desire to enter into this agreement to extend, amend and restate the Original WDA, on the terms and conditions set forth herein. The County and City acknowledge that the Original WDA shall remain in full force and effect until the Commencement Date. The City has determined that the execution of this Agreement by the City will serve the public health, safety and welfare of the City by providing greater disposal rate stability, more predictable and reliable long-term disposal service, and the continuation of sound environmental management. The County has determined that the execution by the County of this Agreement will serve the public health, safety and welfare by providing a more stable, predictable and reliable supply of municipal solid waste and the resulting service payment revenue to the Disposal System, thereby enabling the County to plan, manage, operate and finance improvements to the Disposal System on a more prudent and sound long term, businesslike basis consistent with its obligations to the State and the holders of obligations secured by its Disposal System. Official action approving this Agreement and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the County on the County authorization date indicated on the cover page hereof. Official action approving this Agreement and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the City on the City authorization date indicated on the cover page hereof. It is, therefore, agreed as follows: Execution Copy ARTICLE I DEFINITIONS AND INTERPRETATION SECTION 1.1 DEFINITIONS. As used in this Agreement, the following terms shall have the meanings set forth below. "Acceptable Waste" means all garbage, refuse, rubbish and other materials and substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection and which are normally disposed of by or collected from residential (single family and multi -family), commercial, industrial, governmental and institutional establishments and which are acceptable at Class III landfills under Applicable Law. "Act" means the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), as amended, supplemented, superseded and replaced from time to time. "Agreement" means this Waste Disposal Agreement between the County and the City as the same may be amended or modified from time to time in accordance herewith. "Appendix" means an appendix to this Agreement, as the same may be amended or modified from time to time in accordance with the terms hereof "Applicable Law" means the Act, the Orange County Code, CERCLA, RCRA, CEQA, any Legal Entitlement and any federal or state rule, regulation, requirement, guideline, permit, action, determination or order of any Governmental Body having jurisdiction, applicable from time to time to the siting, design, permitting, acquisition, construction, equipping, financing, ownership, possession, operation or maintenance of the Disposal System, the transfer, handling, transportation and disposal of Acceptable Waste, Unacceptable Waste, or any other transaction or matter contemplated hereby (including any of the foregoing which concern health, safety, fire, environmental protection, mitigation monitoring plans and building codes). "Board" means the California Integrated Waste Management Board. "Capital Costs" means all costs of the Disposal System that are classified as capital costs for purposes of the budget of the Department in accordance with procedures established by the County of Orange Auditor - Controller in compliance with the California State Controller's Manual, including but not limited to all of the categories of costs of the Disposal System reported as "Buildings and Improvements, and Infrastructure" (Object Code 4200) or "Equipment" (Object Code 4000) in the County of Orange — Chart of Accounts, or any successor accounting or reporting system utilized by the County. "CEQA" means the California Environmental Quality Act, codified at Cal. Pub. Res. Code Section 21000 et seq. as amended or superseded, and the regulations promulgated thereunder. "CERCLA" means the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.A. Section 9601 et seq., as amended or superseded, and the regulations promulgated thereunder. "Change in Law" means any of the following events or conditions which has a material and adverse effect on the performance by the parties of their respective obligations under this Agreement (except for payment obligations), or on the siting, design, permitting, acquisition, construction, equipping, financing, ownership, possession, operation or maintenance of the Disposal System or other matters to which Applicable Law applies: (1) the enactment, adoption, promulgation, issuance, material modification or written change in administrative or judicial interpretation on or after the Commencement Date of any Applicable Law (other than Applicable Law enacted by the County); (2) the order or judgment of any Governmental Body (other than the County), on or after the Commencement Date, to the extent such order or judgment is not the result of willful or negligent action, error or Execution Copy omission or lack of reasonable diligence of the County or of the City, whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence; or (3) the denial of an application for, delay in the review, issuance or renewal of, or suspension, termination, interruption, imposition of a new or more stringent condition in connection with the issuance, renewal or failure of issuance or renewal on or after the Commencement Date of any Legal Entitlement to the extent that such denial, delay, suspension, termination, interruption, imposition or failure materially and adversely interferes with the performance of this Agreement, if and to the extent that such denial, delay, suspension, termination, interruption, imposition or failure is not the result of willful or negligent action, error or omission or a lack of reasonable diligence of the County or of the City, whichever is asserting the occurrence of a Change in Law; provided, however that the contesting in good faith or the failure in good faith to contest any such denial, delay, suspension, termination, interruption, imposition or failure shall not be construed as such a willful or negligent action, error or omission or lack of reasonable diligence. A "Change in Law" shall include but not be limited to any new or revised requirements relating to the funding or provision of disposal services, including but not limited to any regulations for disposal operations or activities associated with the remediation, closure, funding or monitoring of closed sites with respect to facilities comprising the Disposal System, or facilities which the County previously utilized to provide waste disposal, transfer, recycling, processing or other waste related activities. "City" means, as applicable, the city or Sanitary District designated on the cover page of this Agreement and party to this Agreement. "City Acceptable Waste" means all Acceptable Waste which was originally diFcarded by the first generator thereof within the geographical limits of the City, and Residue from the foregoing ,vherever produced, whether within or outside the City (or Tonnage equivalencies of such Residues, as and to the extent provided in subsection 3.1(C) hereof). "Commencement Date" means the date on which the obligations of the parties hereto commence, established as provided in Section 6.2(B) hereof. "Contract Date" means the first date on which this Agreement has been executed by both parties hereto. "Contract Rate" has the meaning specified in Section 4.2 hereof. "Contract Year" means the fiscal year commencing on July 1 in any year and ending on June 30 of the following year. "Controllable Waste" means all City Acceptable Waste with respect to which the City has the legal or contractual ability to determine the disposal location therefor and which is: (1) Non -Recycled City Acceptable Waste; (2) not generated from the operations of the Governmental Bodies which, under Applicable Law, have the independent power to arrange for the disposal of the waste they generate; and (3) collected and hauled by Franchise Haulers. "County" means the County of Orange, a political subdivision of the State of California and party to this Agreement. "County Plan" means the integrated waste management plan of the County approved by the Board pursuant to the Act as in effect from time to time. Execution Copy "County Acceptable Waste" means Acceptable Waste generated in the County. "County OC Waste & Recycling Enterprise Fund" means the waste management enterprise fund established and managed by the County pursuant to Section 25261 of the Government Code separate from its other funds and accounts for receipts and disbursements in connection with the Disposal System. "County -wide Recycling Services" has the meaning set forth in subsection 3.7(A) hereof. "Cumulative Tonnage Target" for any given Contract Year means the amount specified in Appendix 2 hereto with respect to such Contract Year. "Department" means OC Waste & Recycling, and any agency, department or other Governmental Body which succeeds to the duties and powers thereof. "Disposal Agreements" means each of the waste disposal agreements entered into between the County and any city within the County, Sanitary District or operator of any Transfer Station located in the County in accordance herewith. "Disposal Services" means the solid waste disposal services to be provided by the County pursuant to the Service Covenant and otherwise hereunder. "Disposal System" means the Orange County Waste Disposal System which includes solid waste disposal operations at three active landfills (Olinda Alpha, Frank R. Bowerman and Prima Deshecha); four regional Household Hazardous Waste Collection Centers; as well as services, such as monitoring and other activities, at closed refuse stations formerly operated by the County, as appropriate under Applicable Law. "Environmental Fund" means the fund or funds held by the County to pay unanticipated costs of environmental mitigation, remediation or liability. "Franchise Hauler" means any hauler or collector who provides Acceptable Waste collection services within the City pursuant to, or under authority granted by, a permit, contract, franchise or other agreement with the City. The term Franchise Hauler includes the City itself if Acceptable Waste collection and transportation services are provided directly by City operated municipal collection service. "Governmental Body" means any federal, State, county, city or regional legislative, executive, judicial or other governmental board, agency, authority, commission, administration, court or other body, or any officer thereof acting within the scope of his or her authority. "Hazardous Substance" has the meaning given such term in CERCLA, the Carpenter -Presley -Tanner Hazardous Substance Account Act (California Health and Safety Code Section 25300 et seq.), and Titles 22 and 26 of the California Code of Regulations and other regulations promulgated thereunder. "Hazardous Waste" means (a) any waste which by reason of its quality, concentration, composition or physical, chemical or infectious characteristics may do either of the following: cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or pose a substantial threat or potential hazard to human health or the environment, or any waste which is defined or regulated as a hazardous waste, toxic substance, hazardous chemical substance or mixture, or asbestos under Applicable Law, as amended from time to time including, but not limited to: (1) the Resource Conservation and Recovery Act and the regulations contained in 40 CFR Parts 260-281; (2) the Toxic Substances Control Act (15 U.S.C. Sections 2601 et seq.) and the regulations contained in 40 CFR Parts 761-766; (3) the California Health and Safety Code, Section 25117 (West 1992 & Supp. 1996); (4) the California Public Resources Code, Section 40141 (West 1996); and (5) future additional or substitute Applicable Law pertaining to the identification, treatment, storage or disposal of toxic substances or hazardous wastes; or (b) radioactive materials which are source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C. Section 2011 et seq.) and the regulations contained in 10 CFR Part 40. 4 Execution Copy "Imported Acceptable Waste" means Acceptable Waste that is generated outside of the geographical boundaries of the County and delivered to the Disposal System. "Independent Haulers" means those waste collection/hauler companies primarily engaged as a principal business in the collection and transportation of municipal solid waste generated in the County of Orange which are not obligated to deliver County Acceptable Waste to the Disposal System pursuant to a franchise, contract, permit or other authorization with a city in the County. "Initial Term" has the meaning specified in Section 6.1(A) hereof. "Legal Entitlement" means all permits, licenses, approvals, authorizations, consents and entitlements of whatever kind and however described which are required under Applicable Law to be obtained or maintained by any person with respect to the Disposal System or the performance of any obligation under this Agreement or the matters covered hereby. "Legal Proceeding" means every action, suit, litigation, arbitration, administrative proceeding, and other legal or equitable proceeding having a bearing upon this Agreement. "Loss -and -Expense" means any and all loss, liability, obligation, damage, delay, penalty, judgment, deposit, cost, expense, claim, demand, charge, tax, or expense, including all fees and costs. "Net Import Revenues" has the meaning ascribed thereto in Section 3.6(E). "Non -Recycled City Acceptable Waste" means all City Acceptable Waste other than Recycled City Acceptable Waste. "Overdue Rate" means the maximum rate of interest permitted :.y the laws of the State, if applicable, or the prime rate established from time to time by the Bank of America, N.A. or its successors and assigns, plus 2%, whichever is lower. "Participating City" means any city or Sanitary District executing a Disposal Agreement in accordance with Section 3.6(A) hereof and meeting all requisite conditions to the Commencement Date thereof. "Plan of Adjustment" means the County's Modified Second Amended Plan of Adjustment, confirmed by the United States Bankruptcy Court Central District of California in that Conformed Order Confirming Modified Second Amended Plan of Adjustment, filed May 17, 1996. "Posted Disposal Rate" means the per ton tipping fee charged by the County for the disposal of solid waste at the Disposal System by parties which are not entitled to disposal service at the Contract Rate pursuant to this Agreement. "Prohibited Medical Waste" means any medical or infectious waste prohibited or restricted under Applicable Law from being received by or disposed at the Disposal System. "Qualified Household Hazardous Waste" means waste materials determined by the Board, the Department of Health Services, the State Water Resources Control Board, or the Air Resources Board to be: (1) Of a nature that they must be listed as hazardous in State statutes and regulations; (2) Toxic/ignitable/corrosive/reactive; and (3) Carcinogenic/mutagenic/teratogenic; which are discarded from households as opposed to businesses. Qualified Household Hazardous Waste shall not include Unacceptable Waste. Execution Copy "Recycled City Acceptable Waste" means any otherwise Controllable Waste which is separated from Acceptable Waste by the generator thereof or by processing and which is "recycled" within the meaning of Section 40180 of the Public Resources Code. "Renewal Term" has the meaning specified in Subsection 6.1(B) hereof. "Residue" means any material remaining from the processing, by any means and to any extent, of City Acceptable Waste or Recycled City Acceptable Waste; provided, however, that Residue shall not include minimal amounts of material remaining after such processing (which minimal amounts shall in no event exceed 10% of the amount of such City Acceptable Waste or Recycled City Acceptable Waste prior to processing). "Resource Conservation and Recovery Act" or "RCRA" means the Resource Conservation and Recovery Act, 42 U.S.C.A. Section 6901 et seq., as amended and superseded. "Restricted Reserves" has the meaning specified in Section 4.5. "Sanitary Districts" means the sanitary districts in the County formed pursuant to the Sanitary District Act of 1923, codified at Cal. Ann. Health & Safety Code Section 6400 et seq., as amended, supplemented, superseded and replaced from time to time. "Self -Hauled Waste" means City Acceptable Waste collected and hauled by Self -Haulers. "Self -Hauler" means any person not engaged commercially in waste haulage who collects and hauls Acceptable Waste generated from residential or business activities conducted by such person. "Service Coordinator" means the service coordinator for either party designated pursuant to subsection 3.5(C) hereof. "Service Covenant" means the covenants and agreements of the County set forth in Sections 3.2 and 3.3 hereof. "Source -Separated Household Hazardous Waste" means Qualified Household Hazardous Waste which has been segregated from Acceptable Waste originating or generated within the geographical jurisdiction of the City at the source or location of generation. "Source -Separated Household Hazardous Waste Disposal System" means the collection centers, facilities, contracts and other arrangements owned or administered by the County for the receipt, handling and disposal of Source -Separated Household Hazardous Waste. "State" means the State of California. "Term" shall mean the Term of this Agreement. "Ton" means a "short ton" of 2,000 pounds. "Transfer Station" means any materials recovery facility, composting facility, intermediate processing facility, recycling center, transfer station or other waste handling or management facility to which solid waste collected for the City is delivered for processing before disposal in the Disposal System. "Unacceptable Waste" means Hazardous Waste; Hazardous Substances; Prohibited Medical Waste; Qualified Household Hazardous Waste separated from Acceptable Waste; explosives, ordnance, highly flammable substances, and noxious materials and lead -acid batteries (except if delivered in minimal quantities); drums and closed containers; liquid waste, oil, human wastes; machinery and equipment from commercial or industrial sources, such as hardened gears, shafts, motor vehicles or major components thereof, agricultural equipment, trailers, marine Execution Copy vessels and steel cable; hot loads; and any waste which the Disposal System is prohibited from receiving under Applicable Law. "Uncontrollable Circumstance" means any act, event or condition affecting the Disposal System, the County, the City, or any of their Franchise Haulers, contractors or suppliers to the extent that it materially and adversely affects the ability of either party to perform any obligation under the Agreement (except for payment obligations), if such act, event or condition is beyond the reasonable control of and is not also the result of the willful or negligent act, error or omission or failure to exercise reasonable diligence on the part of the party relying thereon as justification for not performing an obligation or complying with any condition required of such party under the Agreement; provided, however, that the contesting in good faith or the failure in good faith to contest such action or inaction shall not be construed as willful or negligent action or a lack of reasonable diligence of either party. Examples of Uncontrollable Circumstances are: (1) an act of God, landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot or civil disturbance; and (2) a Change in Law. "Unincorporated Area" means those portions of the County which are not contained within the jurisdictional boundaries of incorporated cities. "Unincorporated Area Acceptable Waste" means Acceptable Waste originating from or generated within the Unincorporated Area. "Unrestricted Reserves" means cash and other reserves of the Disposal System which are not Restricted Reserves. "Waste Disposal Covenant" means the covenants and agreements of the City set forth in Section 3.1 hereof. SECTION 1.2 INTERPRETATION. In this Agreement, unless the context otherwise requires: (A) References Hereto. The terms "hereby", "hereof', "herein", "hereunder" and any similar terms refer to this Agreement, and the term "hereafter" means after, and the term "heretofore" means before, the Contract Date. (B) Gender and Plurality. Words of the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular number mean and include the plural number and vice versa. (C) Persons. Words importing persons include firms, companies, associations, general partnerships, limited partnerships, trusts, business trusts, corporations and other legal entities, including public bodies, as well as individuals. (D) Headines. The table of contents and any headings preceding the text of the Articles, Sections and subsections of this Agreement shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. (E) No Third Party Beneficiaries. Nothing in this Agreement is intended to confer on haulers or any other person other than the parties hereto and their respective permitted successors and assigns hereunder any rights or remedies under or by reason of this Agreement. (F) Counterparts. This Agreement may be executed in any number of original counterparts. All such counterparts shall constitute but one and the same Agreement. Execution Copy (G) Applicable Law. This Agreement shall be governed by and construed in accordance with the Applicable Laws of the State of California. (H) Severability. If any clause, provision, subsection, Section or Article of this Agreement shall be ruled invalid by any court of jurisdiction, then the parties shall: (1) promptly meet and negotiate a substitute for such clause, provision, subsection, Section or Article which shall, to the greatest extent legally permissible, effect the intent of the parties therein; (2) if necessary or desirable to accomplish item (1) above, apply to the court having declared such invalidity for a judicial construction of the invalidated portion of this Agreement; and (3) negotiate such changes in, substitutions for or additions to the remaining provisions of this Agreement as may be necessary in addition to and in conjunction with items (1) and (2) above to effect the intent of the parties in the invalid provision. The invalidity of such clause, provision, subsection, Section or Article shall not affect any of the remaining provisions hereof, and this Agreement shall be construed and enforced as if such invalid portion did not exist, unless such invalidity frustrates the underlying primary purpose of the Agreement. (I) Integration• Preservation of Certain Agreements. This Agreement contains the entire agreement between the parties with respect to the transactions contemplated hereby. This Agreement shall completely and fully supersede all prior understandings and agreements between the Parties with respect to such transactions; provided, however, that this Agreement shall not supersede the following agreements: 1) MOU, dated March 10, 1992, between the City of Brea and the County of Orange regarding the Olinda Alpha Landfill as amended on April 6, 1993 and November 29, 1994; 2) MOU, dated May 11, 1995, between the City of Brea and the County of Orange regarding importation of out-of-County waste to the Olinda Alpha Landfill; 3) Settlement Agreement, dated August 1, 1984, between the City of Irvine and the County of Orange regarding the Bee Canyon Landfill (currently called Frank R. Bowerman Landfill); 4) MOU, dated May 16, 1995, between the City of Irvine and the County of Orange regarding importation of out-of-County waste to the Frank R. Bowerman Landfill; 5) MOU, dated September 12, 1995, and amended November 21, 1995, between the City of San Juan Capistrano and the County of Orange regarding importation of out-of-County waste to the Prima Deshecha Landfill; 6) MOU, dated July 1, 1997, between the City of San Clemente[, the Orange County Flood Control District] and the County of Orange regarding the Prima Deshecha Landfill; and 7) Cooperative Agreement, dated August 15, 2006, between the County and the City of Irvine. (J) Recitals. The recitals to this Agreement are not intended to bind the parties hereto. In the event of a conflict between the recitals and the operative provisions of this Agreement, the operative provisions shall prevail. The recitals shall not be used to interpret the provisions of the Agreement. ARTICLE II REPRESENTATIONS AND WARRANTIES SECTION 2.1 REPRESENTATIONS AND WARRANTIES OF THE CITY. The City represents and warrants that: (A) Existence. The City is a general law or charter city validly existing under the Constitution and laws of the State. Execution Copy (B) Due Authorization. The City has duly authorized the execution and delivery of this Agreement, and this Agreement has been duly executed and delivered by the City. SECTION 2.2 REPRESENTATIONS AND WARRANTIES OF THE COUNTY. The County represents and warrants that: (A) Existence. The County is a political subdivision of the State of California validly existing under the Constitution and laws of the State. (B) Due Authorization. The County has duly authorized the execution and delivery of this Agreement, and this Agreement has been duly executed and delivered by the County. ARTICLE III DELIVERY AND ACCEPTANCE OF WASTE AND PROVISION OF DISPOSAL SERVICE SECTION 3.1 DELIVERY OF WASTE. (A) Waste Disposal Covenant. Subject to the occurrence of the Commencement Date and throughout the Term of this Agreement, the City shall exercise all legal and contractual power and authority which it may possess from time to time to deliver or cause the delivery of all Controllable Waste to the Disposal System in accordance herewith. (B) Recycled City Acceptable Waste. The parties hereto acknowledge the responsibility of the City to meet the recycling and landfill diversion goals contained in the Act. Nothing in this Agreement is intended or shall be interpreted to prohibit or Impair the ability of the City to meet such responsibilities, or to restrict the right of the residents, businesses or orgz;,izations in the City to practice source separation, recycling, composting or other materials recovery activities, or to restrict the right of the City to conduct, sponsor, encourage or require such activities in any form. No reduction in the amount of Controllable Waste generated in the City and delivered to the Disposal System by or on behalf of the City which may result from any such source separation or recycling program shall cause the City any liability hereunder (other than potential adjustment to the Contract Rate to the extent provided in Article IV hereof) and shall not constitute a breach of this Agreement. (C) Waste Delivered to Transfer Station. All Residue from any processing of Controllable Waste by materials recovery, composting, recycling or other means, wherever performed, shall constitute Controllable Waste and be subject to the Waste Disposal Covenant. Where City Acceptable Waste is processed at a facility which concurrently processes other Acceptable Waste in a manner which produces commingled residue which cannot be traced to a geographic source, generic residues from such facility in Tonnage equal to the residues that would have been produced had City Acceptable Waste only been processed at the facility shall constitute Controllable Waste and be subject to the Waste Disposal Covenant. Any City Acceptable Waste or material derived or segregated therefrom which is held in storage and asserted by the possessor thereof to constitute Recycled City Acceptable Waste awaiting sale or distribution to the secondary materials markets shall constitute Controllable Waste if, when and to the extent that the storage or diversion thereof can be reasonably deemed to constitute an evasion of the Waste Disposal Covenant rather than generally recognized, accepted and prevailing practice in the Southern California materials recovery and recycling industry conducted in accordance with Applicable Law. In order for the owner and/or operator of a transfer station to be entitled to deliver Acceptable Waste from a Participating City to the Disposal System for the Contract Rate as provided in Article IV, such owner and/or operator must execute a direct agreement with the County, acknowledging and agreeing to comply with the obligation of the Participating City to cause the delivery of all Controllable Waste to the Disposal System pursuant to this Agreement. In addition, the County shall be authorized to implement procedures to determine if Acceptable Waste delivered by the owners or operators of Transfer Stations is entitled to utilize the Disposal System for the Contract Rate. Such procedures may include requiring Transfer Stations to certify, under penalty of perjury, the source of any such Acceptable Waste. If necessary, the County may require that, in order to qualify for use of the Disposal System for the Contract Rate, Transfer Stations must deliver Controllable Waste in loads containing only Controllable Waste, and not commingled with Acceptable Waste from entities which are not Participating Cities or Participating Independent Haulers, Execution Copy (D) Power to Obligate Waste Disposal and Comply with this Agreement. On or before the Commencement Date, (i) any City franchise, contract, lease, or other agreement which is lawfully in effect relating to or affecting Controllable Waste shall provide, or shall have been amended to provide, that the City shall have the right without material restriction on and after the Commencement Date to direct the delivery of all Controllable Waste to a disposal location selected by the City (whether or not such Controllable Waste is delivered to a transfer station as an intermediate step prior to landfill disposal) and otherwise to comply with its obligations under this Agreement with respect to Controllable Waste and Franchise Haulers, and (ii) the City shall designate the Disposal System as the disposal location pursuant to such franchise, contract, lease or other agreement. On and after the Commencement Date and throughout the Term of this Agreement the City (a) shall not enter into any franchise, contract, lease, agreement or obligation, issue any permit, license or approval, or adopt any ordinance, resolution or law which is materially inconsistent with the requirements of the Waste Disposal Covenant, and (b) shall maintain non-exclusive or exclusive franchises or other contractual arrangements over any City Acceptable Waste which, as of the Contract Date, is subject to non-exclusive or exclusive franchise or other contractual arrangements. The City agrees that the County shall be a third party beneficiary of the obligation of Franchise Haulers to deliver Controllable Waste to the Disposal System, and may directly enforce such obligation through any legal means available. The City shall notify in writing each Franchise Hauler of the County's third party beneficiary rights. (E) Waste Flow Enforcement. (1) The City, in cooperation with the Department, shall establish, implement, carry out and enforce a waste flow enforcement program which is sufficient to assure the delivery of all Controllable Waste to the Disposal System pursuant to and in accordance with the Waste Disposal Covenant for disposal at the times and in the manner provided herein. The waste flow enforcement program shall consist of amending City franchises, permits or authorizations with all Franchise Haulers, to the extent required by this Section and to the extent allowed by law, and shall include in addition, to the extent necessary and appropriate in the circumstances to assure compliance with the Waste Disposal Covenant, but shall not be limited to: (i) licensing or permitting Franchise Haulers, upon the condition of compliance with the Waste Disposal Covenant, (ii) providing for and taking appropriate enforcement action under any such franchise, license, or permit, such as but not limited to the suspension, revocation and termination of collection rights and privileges, the imposition of fines or collection of damages, and the exercise of injunctive relief against non -complying Franchise Haulers and (iii) causing any Transfer Station to which .Controllable Waste is delivered for processing to deliver certification, under the penalty of perjury, of the amounts of Controllable Waste received and Residue remaining from processing at such Transfer Station. (2) The City acknowledges and agrees that in the event of a breach of the Waste Disposal Covenant by the City, the City shall pay the County an amount equal to the amount that the City would have been required to pay to the County had the Waste Disposal Covenant not been breached, which shall be calculated by (x) subtracting the number of tons actually delivered during the month(s) of the breach from the number of tons that were delivered during the same month(s) closest in time when there was no such breach, even if such month(s) closest in time was prior to the Term, and (y) multiplying such amount by the Contract Rate in effect at the time of such breach (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2). In the event that the County terminates the Waste Disposal Agreement as a result of such breach, the damages due as a result of such termination shall be equal to (aa) the average monthly deliveries by the City for the twelve months prior to the commencement of the breach multiplied by (bb) the Contract Rate in effect at the time of such breach (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2), multiplied by (cc) the number of months that would have remained in the Term of the Agreement had the termination not occurred. The parties recognize that if the City fails to meet its obligations hereunder, the County will suffer damages and that it is and will be impracticable and extremely difficult to ascertain and determine the exact amount of such damages. Therefore, the parties agree that the damages specified above represent a reasonable estimate of the amount of such damages, considering all of the circumstances existing on the date hereto, including the relationship of the sums to the range of harm to the County that reasonably could be anticipated and anticipation that proof of actual damages would be costly or inconvenient. In signing this Agreement, each party specifically confirms the accuracy of the statements made above and the fact that each party had ample opportunity to consult with legal counsel and obtain an explanation of this liquidated damage provision at the time that this Agreement was made. (F) Legal Challenges to Franchise System. The City shall use its best efforts to preserve, protect and defend its right to exercise and comply with the Waste Disposal Covenant against any challenge thereto, legal or otherwise (including any lawsuits against the City or the County, whether as plaintiff or defendant), by a 10 Execution Copy Franchise Hauler or any other person, based upon breach of contract, violation of law or any other legal theory. The City shall bear the cost and expense of any such Legal Proceeding or other challenge. In the event any such Legal Proceeding relating to the Waste Disposal Covenant or the City's exercise thereof establishes in a final determination that such covenant or exercise thereof is void, unlawful or unenforceable, or if any Franchise Hauler fails to deliver Controllable Waste to the Disposal System in breach of its franchise with the City on the grounds that a judicial determination made by any court or other Applicable Law has rendered its obligation to deliver Controllable Waste to the Disposal System void, unlawful or unenforceable on any legal grounds, with the result that actual waste deliveries to the Disposal System fall below the Cumulative Tonnage Targets, the County shall be entitled to avail itself of the remedies described in Section 4.2(B) hereof. (G) Franchise Haulers. The City shall compile and provide the Department with the following information concerning all Franchise Haulers: name, address and phone number; identification number; area of collection and transportation; and franchisc and permit terms. (H) Waste Information System. The City shall cooperate with the Department in collecting information and otherwise monitoring Franchise Haulers in order to assure compliance with this Agreement. Such information may include, to the extent practicable, data pertaining to Controllable Waste collected, transported, stored, processed and disposed of, Recycled City Acceptable Waste collected, transported, stored, processed and marketed or disposed of, Franchise Haulers' franchise, permit or license terms, collection areas, transportation routes and compliance with Applicable Law; and all other information which may reasonably be required by the Department in connection with this Agreement. The City agrees to include in any revised franchise, contract, license or permit or other authorization granted to Franchise Haulers an obligation of the Franchise Hauler to provide to the County information relating to the Controllable Waste collected by such Franchise Hauler, including origins from which such Controllable Waste was collected, tonnage by type of load (residential, commercial, roll -off box), customer service levels, tonnage delivered by transfer station or material recovery facility utilized, and other related information. (I) City Actions Affecting County. The City agrees to carry out and fulfill its responsibilities under this Agreement and Applicable Law so as to permit full and timely compliance by the County with its covenants and agreements with the State. In particular, the City agrees not to conduct, am:chorize or permit any disposal services for Controllable Waste to be provided in competition with the Disposal Services provided by the County hereunder, and not to take or omit to take any action with respect to Controllable Waste or its collection, transportation, transfer, storage, treatment or disposal that may materially and adversely affect the County's ability to achieve such timely compliance. Notwithstanding the foregoing, the City shall not be required to deny any permit or license or refuse to grant any approval while exercising its police powers. (J) No Right of Waste Substitution. Nothing in this Agreement shall authorize or entitle the City to deliver or cause the delivery to the Disposal System of Acceptable Waste originating from or generated outside the jurisdiction of the City, nor obligate the County to receive or dispose of any such Acceptable Waste. The City shall not assign in whole or in part its right to deliver or cause to be delivered Controllable Waste to the County hereunder, and shall not permit any Acceptable Waste originating from or generated outside the jurisdiction of the City to be substituted for Controllable Waste for any purpose hereunder. (K) Annexations and Restructurine. It is the intention of the parties that this Agreement and the obligations and rights of the City hereunder, including particularly the Waste Disposal Covenant and the Contract Rate, shall, to the extent permitted by Applicable Law, extend to any territory annexed by the City (or any territory with respect to which the City assumes, after March 30, 2008, solid waste management responsibility from a Sanitary District or other public entity) and shall bind any successor or restructured Governmental Body which shall assume or succeed to the rights of the City under Applicable Law. SECTION 3.2 PROVISION OF DISPOSAL SERVICES BY THE COUNTY. (A) Service Covenant. Commencing on the Commencement Date, the County shall provide or cause the provision of the service of (1) receiving and disposing of all Controllable Waste at the Disposal System (or such other facilities, including transfer stations, as the County may determine to use), (2) disposing in accordance with subsection 3.2(C) hereof of Controllable Waste which, at any time and for any reason, is in excess 11 Execution Copy of the disposal capacity of the Disposal System, and (3) in accordance with subsection 3.3(C) hereof, disposing of Unacceptable Waste inadvertently accepted at the Disposal System. The County, to the maximum extent permitted under Applicable Law, shall use its best efforts to keep the Olinda Alpha, Prima Deshecha and Frank R. Bowerman Landfills open for the receipt of waste for disposal or transfer of Controllable Waste pursuant to this Agreement. The County shall do and perform all acts and things which may be necessary or desirable in connection with its covenants in this subsection, including without limitation all planning, development, administration, implementation, construction, operation, maintenance, management, financing and contract work related thereto or undertaken in connection therewith. The County shall exercise all reasonable efforts to minimize the costs incurred in complying with the Service Covenant consistent with its responsibilities hereunder and under this Agreement, Applicable Law and prudent solid waste management practice and environmental considerations. (B) Particular Facilities. The Department and the City shall consult and cooperate in determining whether and to what extent from time to time other landfills other than that primarily used by the City shall be utilized to receive Controllable Waste. The Department shall immediately advise the City by telephone of any situation, event or circumstance which results in the partial or complete inability of the County to receive Controllable Waste at any particular landfill within the Disposal System, its effect on the County's ability to perform its obligations hereunder, and the County's best estimate of the probable duration. The Department shall confirm such advice in writing within 24 hours of the occurrence of any such inability. The County shall use its best efforts to resume normal operation of the landfill primarily used by the City as soon as possible. In the event of a temporary material increase in average daily deliveries of Controllable Waste from the City which the County reasonably believes could result in the permitted daily disposal capacity limit to be exceeded with respect to a particular landfill within the Disposal System, the County shall have the right to redirect the increased Controllable Waste to another landfill within the Disposal System for the duration of the increase in average daily deliveries; provided, however, that in such circumstances the County shall utilize reasonable efforts to first redirect waste which is not Controllable Waste. (C) Compliance with Service Covenant Not Excused for any Reason. Commencing on the Commencement Date, the obligations of the County to duly observe and comply with the Service Covenant shall apply continuously and without interruption for the Term of this Agreement. In the event that any Change in Law or other Uncontrollable Circumstance impairs or precludes compliance with the Service Covenant by the means or methods then being employed by the County, the County shall implement alternative or substitute means and methods to enable it to satisfy the terms and conditions of the Service Covenant. In the event that a Change in Law precludes the County from complying with such covenants with the means or methods then being employed and from utilizing any alternate or substitute means or methods of compliance, the County shall continuously use all reasonable efforts to effectuate executive, legislative or judicial change in or relief from the applicability of such law so as to enable the County lawfully to resume compliance with such covenants as soon as possible following the Change in Law. SECTION 3.3 COUNTY RIGHT TO REFUSE WASTE. (A) Right of Refusal. Notwithstanding any other provision hereof, the County may refuse delivery of: (1) Hazardous Waste; (2) Controllable Waste delivered at hours other than those provided in Section 3.5 hereof, (3) Waste that does not constitute Acceptable Waste; (4) Waste that is delivered by any party which has not executed a Waste Disposal Agreement; and (5) Controllable Waste consisting primarily of construction and demolition debris or inerts which may cause a particular facility's daily tonnage limit to be exceeded. 12 Execution Copy (B) Identification of Unacceptable Waste. The Department shall have the right (but not the duty or the obligation) to inspect the vehicles of all Franchise Haulers delivering material to the Disposal System, and may require that the Franchise Hauler remove any Unacceptable Waste from such vehicle before it is unloaded. If the Department determines that it is impractical to separate Controllable Waste from Unacceptable Waste in any vehicle, or if the Franchise Hauler delivering such waste is unwilling to make such separation, or if any vehicle is carrying waste which may spill or leak, then the Department may reject the entire vehicle, and the City shall forthwith remove or cause the removal of the entire delivery from the Disposal System. The Department may take all reasonable measures to prevent waste from being blown or scattered before and during unloading. The City shall cause the Franchise Haulers to observe and comply with Applicable Law, the operating rules and regulations of the Department, and the provisions of this Agreement prohibiting the delivery of Unacceptable Waste to the Disposal System. (C) Hazardous Waste and Hazardous Substances. The parties acknowledge that the Disposal System has not been designed or permitted, and is not intended to be used in any manner or to any extent, for the handling, transportation, storage or disposal of Hazardous Waste or Hazardous Substances. Neither the County nor the City shall countenance or knowingly permit the delivery of Hazardous Waste or Hazardous Substances to the Disposal System. (D) Disposal of Unacceptable Waste and Hazardous Waste. If Unacceptable Waste or Hazardous Waste is discovered in a vehicle at any landfill within the Disposal System, the driver of the vehicle will not be permitted to discharge the load. If a vehicle is observed unloading Unacceptable Waste or Hazardous Waste in the tipping area of a landfill within the Disposal System Department personnel will use reasonable efforts to assure that such material has been characterized, properly secured and its disposition resolved. The return or reloading onto the delivery vehicle of any Hazardous Waste, Prohibited Medical Waste or other waste requiring handling or transportation shall be conducted in accordance with Applicable Law. Whenever Hazardous Waste is detected at any landfill within the Disposal System, the Department shall take immediate action in accordance with Applicable Lav'. (E) Source -Separated Household Hazardous Waste. The County shall maintain, as part of the Disposal System, a Source -Separated Household Hazardous Waste Disposal System for the disposal of Source - Separated Household Hazardous Waste. The disposal service provided by such system shall constitute part of the Disposal Services, and shall be available to Participating Cities as part of the Contract Rate. The County may impose additional fees and charges for services relating to Source -Separated Household Hazardous Waste with respect to cities which are not parties to a Disposal Agreement. The County may provide for the expansion, contraction or modification of the Source -Separated Household Hazardous Waste Disposal System and its services to the extent necessary to ensure the Disposal System's viability; provided, however, if the County chooses to reduce services, the County shall nonetheless continue to expend funds for the Source -Separated Household Hazardous Waste Disposal System each year during the term of this Agreement in an amount at least equal to the amount of funds expended for the Source -Separated Household Hazardous Waste Disposal System during fiscal year 2006-07 as adjusted by changes in the Producer Price Index. SECTION 3.4 UNINCORPORATED AREA ACCEPTABLE WASTE. Commencing on the Commencement Date, the County in accordance with Applicable Law shall provide or cause to be provided the service of disposing of non -recycled Acceptable Waste originating or generated within the Unincorporated Area and, with respect to such waste, shall comply with the Waste Disposal Covenant as if the County constituted a City subject to the Waste Disposal Covenant hereunder. Rates charged by the County for the disposal of each class of non -recycled Acceptable Waste generated in the Unincorporated Area shall be the same as the Contract Fee charged for the disposal of each class of Controllable Waste. The County shall use its best efforts to preserve, protect and defend its right to exercise and comply with the Waste Disposal Covenant (with respect to non -recycled Acceptable Waste generated in the Unincorporated Area) against any challenge thereto, legal or otherwise, by a Franchise Hauler or any other person, based upon breach of contract, violation of law or any other legal theory. The County shall bear the cost and expense of any such Legal Proceeding or other challenge (with respect to non -recycled Acceptable Waste generated in the Unincorporated Area). 13 Execution Copy SECTION 3.5 MISCELLANEOUS OPERATIONAL MATTERS. (A) Operating Hours. The County shall keep the Disposal System open for the receiving of Controllable Waste during such regular operating hours as may be established by the Department in the operating rules and regulations applicable to the Disposal System. The County shall utilize best efforts to maintain substantially similar hours, as were in effect on January 2, 2009, for the receipt of waste through the term of this Agreement (subject to Applicable Law). (B) Scales and Weig ting. The Department shall operate and maintain permanent scales at the Disposal System. The Department shall weigh all vehicles delivering waste by or on behalf of the City (whether or not the County accepts such waste) and prepare a daily weight record with regard to such delivery. (C) Service Coordinator. The County and the City each shall designate in writing thirty days prior to the expected Commencement Date a person to transmit instructions, receive information and otherwise coordinate service matters arising pursuant to this Agreement (each a "Service Coordinator"). Either party may designate a successor or substitute Service Coordinator at any time by notice to the other party. (D) Review of Records. Each party may review the other party's books and records with respect to matters relevant to the performance by either party under this Agreement or otherwise related to the operation of the Disposal System to the extent allowed under the California Public Records Act (interpreted as if the parties to this Agreement were natural persons for purposes of the Public Records Act). SECTION 3.6 OTHER USERS OF THE DISPOSAL SYSTEM. (A) On or Before . 20091. On or before [120 DAYS AFTER BOARD APPROVAL], the County shall have the right to enter into waste disposal agreements with Orange County entities with respect to Acceptable Waste which was originally discarded by the first generator thereof within the geographical limits of the County, including other cities in the County, Sanitary Districts, Transfer Stations and Independent Haulers, which waste disposal agreements shall have terms and provisions substantially identical to the terms and provisions of this Agreement; provided, however, that in no event shall such agreements have terms and provisions more favorable than the terms and provisions of this Agreement (including but not limited to the Contract Rate and availability of disposal capacity). (B) After [ . 2009. After [120 DAYS AFTER BOARD APPROVAL], the County shall have the right to enter into waste disposal agreements with Orange County entities, including any city, Sanitary District, Transfer Station and Independent Hauler, or otherwise accept Acceptable Waste from such parties, but only within the limitations contained in this Section. Any such agreement or waste acceptance agreement must provide that the party delivering waste shall pay a Posted Disposal Rate at least 10% higher than the Contract Rate unless the County determines it is in the best interest of the Disposal System to establish a Posted Disposal Rate less than 10% higher than the Contract Rate. In no event shall the Posted Disposal Rate be equal to or less than the Contract Rate. In addition, the County shall reserve the right in any such waste disposal agreement at any time, to the extent permitted by Applicable Law, to refuse to receive and dispose of Acceptable Waste from any city, County Sanitary District, Transfer Station and Independent Hauler if and to the extent that such receipt and disposal may materially and adversely affect the ability of the County to comply with its obligations to the Participating Cities under the Disposal Agreements to which each is a party. (C) Receipt of Imported Acceptable Waste on a Contract Basis. The County shall have the right to enter into a contract or other agreement with any municipal or private non -County entity for the delivery of Imported Acceptable Waste on terms and conditions that the County determines to be necessary to ensure and enhance the viability of the Disposal System for the benefit of the County and the Participating Cities and to generate Net Import Revenues. The County certifies that in its good faith judgment the contract or other agreement for the delivery of such waste will not materially and adversely affect the ability of the County to receive and dispose of Acceptable Waste from the Participating Cities in accordance with the applicable Disposal Agreements throughout the Term thereof. The term of any such agreement for the disposal of Imported Acceptable Waste shall end by the later to occur of (i) December 31, 2015 or (ii) the date on which County general purpose revenues are no longer expended to pay debt service on the Orange County Public 14 Execution Copy Financing Authority Lease Revenue Refunding Bonds Series 2005, but in no event later than the last day of the fiscal year commencing July 1, 2015. (D) Self Haulers. The City and the County acknowledge that Self -Haulers shall be entitled to deliver Self -Hauled Waste to the Disposal System, on a non -contract basis, at the Posted Disposal Rate. Such Self - Haulers shall not be entitled to dispose of Acceptable Waste for the Contract Rate. (E) Application and Use of Revenues From Other Users. All revenues received by the County from the disposal of County Acceptable Waste by the Disposal System, and all revenues received by the County from the disposal of Imported Acceptable Waste by the Disposal System, shall be deposited by the County in the County OC Waste & Recycling Enterprise Fund and shall constitute revenues of the Disposal System. Pursuant to the County's Plan of Adjustment, the County is entitled to receive net revenues (after payment of all costs attributable to the acceptance of such Imported Acceptable Waste at the Disposal System) ("Net Import Revenues") from the disposal of Imported Acceptable Waste by the Disposal System, and such Net Import Revenues may be used for the payment of bankruptcy related obligations in accordance with the Plan of Adjustment. Costs attributable to the disposal of Imported Acceptable Waste include deposits to the Environmental Fund, deposits to closure and postclosure reserves, City host fees (if applicable), incremental operating costs (such as manpower expenditures, equipment, services and supplies expenditures), state surcharges, and a pro rata share of capital project costs. The parties acknowledge that their intention in determining to allow the importation of Imported Acceptable Waste for disposal by the Disposal System is to stabilize the Contract Rate at rates below those which would otherwise prevail in the absence of such importation. SECTION 3.7 COUNTY PROVISION OF WASTE DIVERSION SERVICES. (A) County -Wide Recycling Services. This Agreement does not require the County to provide for any source reduction, materials recovery, recycling, composting, or other waste diversion services by the County nor any payment therefor by the City, by Franchise Haulers or by rate,ayets; provided, however, any County -Wide Recycling Services may be funded through the County OC Waste & Recycling Enterprise Fund. Any such recycling services may be expanded, contracted or modified by the Cowity at any time in its sole discretion. (B) Separate City -County Diversion Service Agreements. Nothing in this Agreement is intended to limit the right of the County to enter into a separate agreement with the City or any other person to provide source reduction, materials recovery, recycling, composting or other waste diversion services. Any such program conducted by the County, whether in participation with the City, any other of the Participating Cities, other Cities, Sanitary Districts, Transfer Stations, Independent Haulers, Unincorporated Area or non -County entity, shall be operated, managed and accounted for as a program separate and distinct from the Disposal Services program contemplated by the Disposal Agreements and shall not be funded through the general revenues of the Disposal System. ARTICLE IV CONTRACT RATE SECTION 4.1 CHARGING AND SECURING PAYMENT OF CONTRACT RATE. The City acknowledges that the County shall have the right to charge and collect a Contract Rate for the acceptance and disposal of Controllable Waste delivered to the System by any Franchise Hauler. The Contract Rate shall be calculated and established, and may be modified, as provided in Section 4.2 hereof. In addition, the City acknowledges that the County shall have the right to establish as part of the operating rules and regulations reasonable measures to secure the payment of all Contract Rates. SECTION 4.2 CONTRACT RATE. (A) Establishment of Contract Rate. The Contract Rate payable by each Franchise Hauler shall be (x) $22.00 per ton from the Commencement Date through June 30, 2010, and (y) $29.95 per ton on and after July 1, 2010, in both cases contingent on the delivery to the Disposal System of an amount of Acceptable Waste at 15 Execution Copy least equal to the Cumulative Tonnage Targets identified in Appendix 2, and subject to adjustment necessary to reflect the circumstances set forth in this Section 4.2: (i) increased costs incurred by the County (in excess of available insurance proceeds) due to the occurrence of one or more Uncontrollable Circumstances, other than Changes in Law; (ii) costs incurred by the County (in excess of available insurance proceeds and amounts available in the Environmental Fund for such purposes) remediating environmental conditions at the Disposal System or inactive or closed disposal sites in the County, which, if uncorrected, could give rise to potential claims under CERCLA or related federal or state statutes, including costs incurred providing indemnification to any Participating City pursuant to subsection 7.3; or (iii) tonnage shortfalls to the extent permitted by Sections 4.2(B); (iv) average annual inflation prior to July 1, 2010 in excess of the levels set forth in Section 4.2(H) and escalation pursuant to Section 4.2(F) ; (v) increased costs incurred by the County (in excess of available insurance proceeds) due to the occurrence of one or more Changes in Law; or (vi) Capital Costs in excess of the Capital Costs at any point in time during the term hereof exceeding the Cumulative Capital Costs set forth in Appendix 3. Prior to adjusting the Contract Rate as a result of any of the circumstances described in clauses (i), (ii) or (iii) above, the County shall utilize the following remedies in the following order of priority: (x) reduce the costs of operating the Disposal System to the extent practicable; and (y) utilize Unrestricted Reserves to pay costs of the Disposal System. The County will not be required to utilize such remedies prior to adjusting the Contract Rate as a result of any of the circumstances described in clauses (iv), (v) or (vi) above. Any adjustments to the Contract Rate permitted by this Section shall be calculated by the County to reflect the actual costs or expenses of addressing the circumstance or circumstances pursuant to which the adjustment is authorized. The County agrees that it will evaluate the feasibility of long term financing for significant capital costs where appropriate. (B) County Acceptable Waste Shortfall. In the event that the actual amount of County Acceptable Waste delivered to the Disposal System at the end of any Contract Year is less than the Cumulative Tonnage Target for such Contract Year for County Acceptable Waste, as specified in Appendix 2, the County shall utilize the following options, in the following order of priority, in order to remedy any adverse effects of such tonnage shortfall: the Disposal System; (i) reduce the costs of operating the Disposal System to the extent practicable; (ii) utilize Restricted Reserves described in clause (iii) of Section 4.5 to pay costs of (iii) utilize Unrestricted Reserves to pay costs of the Disposal System; and (iv) adjust the Contract Rate. In the event that implementation of the steps described above does not result in sufficient revenues to satisfactorily address the shortfall in tonnage, the County shall have the right to terminate the Agreement on 60 days written 16 Execution Copy notice to the City. In addition, in the event that actual deliveries to the Disposal System exceed the Cumulative Tonnage Target as of the end of any Contract Year, the City acknowledges the County shall have the right to establish reserves intended to reflect the potential for lower than expected annual waste deliveries in subsequent years, and that any such reserves shall constitute "Restricted Reserves". (C) [RESERVED] (D) Interim Use of Remedies. In the event that, during any Contract Year, waste deliveries to the Disposal System are 25% or more below delivery projections for such Contract Year with the result that the County determines it is unlikely that the Cumulative Tonnage Target will be achieved as of the end of such Contract Year, the County may utilize the remedies described in Section 4.2(B) prior to the end of such Contract Year; provided, however, that if at the end of such Contract Year, the Cumulative Tonnage Target is actually met, the County shall reimburse any adjustments to the Contract Rate made pursuant to this Section to Participating Cities. Such reimbursement may be given as a credit or adjustment to the Contract Rate for future deliveries, rather than a lump sum payment. (E) Special Charges. Notwithstanding Section 4.2(A), the County shall have the right to impose special charges for the receipt of hard to handle materials, such as bulky materials, construction and demolition debris, tree stumps and sludge. Such special charges shall be calculated to reflect the reasonable incremental costs to the County of accepting such hard to handle materials. In addition, in the event that the Board of Supervisors of the County makes a determination to implement a facility (including but not limited to a transfer station, landfill, conversion technology facility, or a materials recovery or processing facility), which facility would be intended to provide for disposal alternatives after the closure of one or more of the landfills currently operating within the Disposal System, the County may impose an additional charge of $0.50 per ton of Acceptable Waste in order to pay the costs of the study, development, planning, construction and/or operation of such facility. Adjustments pursuant to this Section 4.2(E) shall not requi*e compliance with the provisions of Section 4.2(I). (F) Escalation. The Contract Rate shall be adjusted each July 1, beginning July 1, 2011. The change will be equal to the positive percentage change in the Consumer Price Index — All Urban Consumers, U.S. city average, All items, Not Seasonally Adjusted, Series ID CUUROOOOSAO ("CPP') as measured from the October 21 months prior to the rate adjustment to the October immediately preceding the rate adjustment. For example: The July 1, 2011 rate adjustment shall be based upon the index change from October 2009, to October 2010, referred to as year 1 and year 2 respectively in the following example. Formula to calculate percentage change in the Contract Rate: Step 1: October Year 2 CPI October Year 1 CPI - 1 = % increase in Contract Rate Step 2: Current Contract Rate x (1+ % increase in Contract Rate) = Contract Rate as of July 1 Year 2 On each April 1, commencing April 1, 2011, the County shall provide the City with notice of the adjustment to the Contract Rate to be effective the following July 1. Such notice shall contain the calculation of the adjustment set forth above. The County will calculate the new Contract Rate each year. In the event that the change in the CPI is negative, no rate adjustment will be made for that year. No adjustment under this Section 4.2(F) will take place until the October CPI index surpasses the index level as of the October immediately preceding the last annual rate adjustment pursuant to this Section 4.1(F), which will be considered "year 1" in calculating the change in the Contract Rate. 17 Execution Copy - For example, if the CPI is measured as follows: October 2009 = 205, October 2010 = 204, October 2011 = 201, October 2012 = 208, then there would be no adjustment in July 2011, or July 2012, and an adjustment equal to the change from 205 to 208 would be implemented on July 1, 2013. Adjustments pursuant to this Section 4.2(F) shall not require compliance with the provisions of Section 4.2(I). (G) Adjustment Resulting from Increased Fees. In addition to the other adjustments specified herein, the Contract Rate shall be adjusted to reflect the imposition of new fees or increase in existing fees relating to the disposal of Controllable Waste imposed by state, federal or other agencies (i.e., the State's Integrated Waste Management fee, which is currently $1.40 per ton). The adjustment shall be equal to the amount of any new or increased fee, and the adjustment shall take effect so as to coincide with the imposition of the new or increased fee. The County shall provide notice of any increase pursuant to this Section 4.2(G) as soon as practicable after becoming aware of the imposition of any fees described above. Adjustments pursuant to this Section 4.2(G) shall not require compliance with the provisions of Section 4.2(I). (H) Calculation of Cumulative Inflation Rate. For purposes of Section 4.2(A)(iv) for adjustments prior to July 1, 2011, the inflation shall be calculated as the change in the CPI between July of the year of calculation and July 1, 2008. Inflation shall be deemed to exceed the levels set forth below if the ratio between the CPI for July for the year of calculation (calculated in accordance with the formula below) and July 2008 exceeds the ratio corresponding to such year of calculation on the table below. The ratio shall be calculated in accordance with the following formula: (July CPI of calculation year / CPI for July 2008) Year of Calculation Ratio July 1, 2008 1.0000 July 1, 2009 1.0356 July 1, 2010 1.0723 In the event the CPI is no longer published during the term of this Agreement, such other index identified by the Bureau of Labor Statistics or otherwise generally accepted as a replacement for CPI shall be used for purposes of this Agreement. In the event of an adjustment to the Contract Rate pursuant to this section 4.2(H), such adjustment shall be applied to the Contract Rate effective until June 30, 2010, and the Contract Rate effective July 1, 2010. Adjustments pursuant to this Section 4.2(H) shall not require compliance with the provisions of Section 4.2(I). (I) Procedure for Rate Adjustments. In the event the County determines that it is entitled to an adjustment of the Contract Rate pursuant to Section 4.2(A) (other than 4.2(A)(iv)) or Section 4.2(B), it shall utilize the procedures described in this Section 4.2(I). The County shall be required to provide the City with at least 90 days prior written notice of the adjustment, which notice shall identify the specific event(s) or circumstances which require the adjustment. The notice shall also specify the earliest date on which the County Board of Supervisors shall consider the proposed adjustment. At least 45 days prior to such meeting of the Board of Supervisors, the County shall provide the City with a report which shall contain the following information: a description of the specific event(s) or circumstances which require the adjustment; a description (including cost estimates) of any activities (which may include, but not be limited to capital improvements to the Disposal System) required in order to remedy such event or circumstance; certification by the County that it has implemented the remedies described in Section 4.2(A) or (B) prior to requiring the rate adjustment; and a description of the methodology used by the County to calculate the adjustment to the Contract Rate (hereinafter the "County Report"). In the event the City disputes the adjustment, it shall provide the County with a written description of the reason for the dispute at least 10 days prior to the meeting of the Board of Supervisors identified in the initial notice of the County (hereinafter the "City Report"). The City Report shall be provided to the Board of Supervisors for 18 Execution Copy consideration at such meeting in connection with the proposed rate adjustment. At any time from and after the date that the County provides the City with the County Report, upon the request of either party, the City and County shall meet and confer in good faith to resolve any dispute that may arise regarding the proposed adjustment to the Contract Rate. In any such meeting, the County shall be represented by the Director of the Department or his or her designee. In the event the Board of Supervisors approves all or a portion of the proposed rate adjustment, such rate adjustment shall become effective on the date identified in the initial notice sent by the County regardless of whether or not the procedures in Section 4.2(J) are utilized, but subject to potential reimbursement pursuant to clause (11) of Section 4.2(J). (J) Procedure for Expedited Judicial Review of Contested Rate Adjustment. In the event that, within 30 days after the effective date of any Contract Rate adjustment made pursuant to Section 4.2(I), Participating Cities which, in the aggregate, accounted for more than 50% of the County Acceptable Waste delivered to the County System in the twelve months preceding the Contract Rate adjustment, provide notice to the County of their election to utilize the procedures described in this Section 4.2(J), then the provisions of this Section 4.2(J) shall be utilized by such Participating Cities and the County to resolve the dispute over the Contract Rate Adjustment. In the event that Participating Cities which have delivered the amount of waste contemplated in the preceding sentence do not provide notice to the County of such election, the County shall have no obligation to participate in or cooperate in the implementation of the procedures described below in this Section 4.2(J). (1) In order to pursue the expedited judicial determination described in this Section (the "Expedited Rate Determination"), the Participating Cities which have made the election described in the paragraph above (the "Challenging Cities") must commence a civil action for breach of contract (the "Action") in the Orange County Superior Court within 45 days of the date on which the Board of Supervisors approves the challenged adjustment to the Contract Rate. (2) Within two (2) days of filing the Action, the Challenging Cities shall personally serve on the County Counsel both the summons and complaint, and a stipulation and request for the entering of an order incorporating all of the procedural provisions relating to the Expedited Rate Determination as set forth in this Section 4.2(J) (such stipulation and request for order is hereinafter referred to as the "Expedited Rate Determination Stipulation"). The Expedited Rate Determination Stipulation shall be signed by each of the Challenging Cities. (3) Within fifteen (15) days of the date of service upon the County of the summons and complaint, and Expedited Rate Determination Stipulation, the County Counsel shall execute the Expedited Rate Determination Stipulation and personally serve upon the Challenging Cities through their counsel of record the Expedited Rate Determination Stipulation and its answer to the complaint in the Action. The Stipulation shall also include a waiver by each of the parties of their right to a jury trial of the issues raised in the Action. The City and the County mutually agree that the duty to execute the Expedited Rate Determination Stipulation and comply with the procedures set forth for Expedited Rate Determination in this Section 4.2(J) shall be, and are hereby deemed to be, ministerial duties which the law specifically enjoins upon each of them, and shall be subject to enforcement by the parties herein pursuant to Code of Civil Procedure Section 1085, et seq., or by means of a complaint for specific performance. (4) Within three (3) days of the date of service by the County upon the Challenging Cities of the fully signed Expedited Rate Determination Stipulation, the County and the Challenging Cities shall jointly make ex parte application to the Orange County Superior Court in the Action for the issuance of the order contained in the Expedited Rate Determination Stipulation. At such ex parte application, the County and the Challenging Cities shall also seek to confirm with the Orange County Superior Court the briefing schedule, and request a hearing date in accordance with the procedures set forth in this Section 4.2(J). (5) Within ten (10) days of the date of service by the County upon the Challenging Cities of the answer in the Expedited Rate Determination, the Challenging Cities shall file with the court and personally serve upon the County the Challenging Cities' opening brief and the Record in the Expedited Rate Determination. The opening brief shall not exceed 15 pages in length. The Record shall consist of, and be limited to, the record of the proceedings before the Board of Supervisors with respect to the adjustment of the Contract Rate, including but not limited to the County Report and the City Report prepared by each or any of the Challenging Cities pursuant to Section 4.2(I), any materials filed or lodged with the Board of Supervisors and the Orange County 19 Execution Copy Waste Commission, the transcript of the proceedings of the Board of Supervisors meeting and the Orange County Waste Commission, the minutes of the Board of Supervisors and the Orange County Waste Commission meeting, and the resolution and/or other documentation evidencing action by the Board of Supervisors and the Orange County Waste Commission to adjust the Contract Rate pursuant to Section 4.2(A) or (B). The record shall also include the most recent reports prepared pursuant to Sections 4.6 and 4.7. The Expedited Rate Determination shall be decided solely on the evidence in the Record, and no extrinsic evidence shall be submitted to or considered by the court. (6) Within ten (10) days of service by the Challenging Cities of their opening brief and the Record, the County shall file and personally serve upon the Challenging Cities the County's opposition brief. The opposition brief shall not exceed 15 pages in length. (7) Within five (5) days of service by the County upon the Challenging Cities of the opposition brief, the Challenging Cities may file and personally serve upon the County a rebuttal brief, which shall not exceed 10 pages in length. (8) The trial of the Expedited Rate Determination shall be conducted as a hearing which shall be conducted at the date set by the court in the ex parte hearing conducted pursuant to Section 4.2(J)(4), or such other date and time ordered by the court. If the court requests the parties to prepare supplemental briefs in response to any question or issue raised by the court, the parties may do so. (9) The standard of review for the Expedited Rate Determination shall be the preponderance of the evidence based upon the Record. The burden of proof shall be borne by the Challenging Cities, and the burden of proof shall be the same as with respect to a plaintiff in a damages action for breach of contract. Both parties have participated in the drafting of this Agreement. Accordingly, nothing set forth in this Agreement shall be interpreted or construed for or against either of the parties as a consequence of their participation in the drafting of this Agreement. (10) The court shall issue its written statement of decision and enter judgment within thirty (30) days of the date of the hearing in the Expedited Rate Determination. (11) If the court determines that any portion of the County's adjusted Contract Rate which is the subject of the Expedited Rate Determination was improperly imposed, the County shall, within 30 days of the date of the statement of decision, reimburse to the City the amount improperly imposed, together with interest calculated at the highest percentage rate that does not constitute usury under California laws. Such reimbursement may be made in the form of a reduction in the Contract Rate for a future period (not to exceed twelve months) reasonably calculated to provide full reimbursement of the amounts described above. (12) If for any reason the court does not sign the order contained in the Expedited Rate Determination Stipulation, the City shall, within 30 days of the court's denial of such requested order, file with the court and personally serve upon the County a motion for summary judgment and/or motion for judgment on the pleadings, in accordance with Code of Civil Procedure Section 437(c) and 438. By executing this Agreement, the parties hereby stipulate that, in the event that the Challenging Cities file such summary judgment motion and/or motion for judgment on the pleadings, the Record shall be deemed to have been incorporated into the complaint and answer filed by the Challenging Cities and the County, and no evidence outside of the Record is relevant or material to the dispute raised in the Expedited Rate Determination. The briefing schedule and hearing on such motion for summary judgment and/or motion for judgment on the pleadings shall be in accordance with Code of Civil Procedure Section 437(c). The Challenging Cities and the County shall be bound by all of the requirements and restrictions set forth in Section 4.2(J) that are not in conflict with this paragraph (12). (13) In the event that the court both does not sign the order contained in the Expedited Rate Determination Stipulation and either does not hear or does not issue a ruling on the merits on the motion for summary judgment and/or judgment on the pleadings which is dispositive of the issues, claims and causes of action in the complaint filed by the Challenging Cities, the County and the Challenging Cities shall, within twenty days following the issuance of the Court's order or decision not to honor the parties' stipulation or not to hear the parties' motion for summary judgment, make application to the Presiding Judge of the Orange County 20 Execution Copy Superior Court for an expedited hearing or trial date. The Challenging Cities and the County shall be bound by all of the requirements and restrictions set forth in Section 4.2(J) that are not in conflict with this paragraph (13). In this regard, and without limiting the foregoing, the only evidence to be presented at the hearing or trial shall be the Record, no testimony shall be presented at the hearing or trial; and both the County and the Challenging Cities waive all rights to a jury trial, to any reconsideration of the decision of the court, to a new trial after the court renders a decision, and to any appeal or review of the decision of the court. SECTION 4.3 RESPONSIBILITY FOR PAYMENT OF THE CONTRACT RATE. (A) Payment by City. In the event and to the extent (1) the City uses municipal collection forces directly for the haulage of Controllable Waste to the Disposal System or (2) the City uses non -municipal Franchise Haulers for collection but nonetheless elects to pay the Contract Rate from City revenues, the City, as its own Franchise Hauler, shall have direct responsibility for payment of the Contract Rate, and shall take all such budgetary, appropriation and other action as may be necessary to provide for the timely payment of the Contract Rate. Such action may include, depending upon the means authorized by the City to provide for such payment, the levy and collection of general or special taxes, the imposition of benefit assessments, or the collection of user fees, generator charges or other similar impositions for municipal solid waste disposal. The City shall use best efforts in accordance with Applicable Law to levy and impose all such taxes, assessments, fees or charges, and will take all steps, actions and proceedings for the enforcement, collection and payment of all such amounts which shall become delinquent, to the full extent permitted by Applicable Law. To the extent provided in Section 7.5 hereof, the obligation of the City for such Contract Rates shall be limited to amounts in the City's Solid Waste Enterprise Fund. From the Commencement Date to the date of expiration or termination of this Agreement, the obligation to the City to pay the Contract Rate, to the extent the City rather than Franchise Haulers is responsible directly for payment and provided that the Service Covenant has been complied with, shall be absolute and unconditional and shall not be subject to delay or diminution by reason of set-off, abatement, counterclaim, existence of a dispute or otherwise. (B) Payment by franchise Haulers. With respect to Controllable Waste delivered by Franchise Haulers other than City municipal collection forces, the obligation to pay the Contract Rate shall rest with such Franchise Haulers and not with the City and, unless the City has agreed with the County to be responsible for Franchise Hauler payments, the City shall not be financially responsible for any delay Dr failure by such Franchise Hauler to pay the Contract Rate or any portion thereof when due. In the event of any such failure, the Coimty and the City shall cooperate with each other and use their best efforts to obtain timely payment. Such efforts by the County may include, as appropriate, requiring cash payments for disposal rights from such Franchise Hauler and bringing a legal proceeding for payment and damages. Such efforts by the City may include, as appropriate, legal proceedings to suspend, revoke or terminate the Franchise Hauler's franchise, permit or license rights. (C) Disputes. If the City or the Franchise Hauler disputes any amount billed by the County in any Billing Statement, the City or the Franchise Hauler shall nonetheless pay the billed amount and shall provide the County with written objection within 30 days of the receipt of such Billing Statement indicating the amount that is being disputed and providing all reasons then known to the City or the Franchise Hauler for any objection to or disagreement with such amount. If the City or the Franchise Hauler and the County are not able to resolve such dispute within 30 days after the City's or the Franchise Hauler's objection, either party may pursue appropriate legal remedies. SECTION 4.4 BILLING OF THE CONTRACT RATE. The County shall continue to bill Contract Rates after the Commencement Date, in the same manner as it has customarily billed tipping fees. Subject to the other provisions of this Agreement, the County shall have the right to modify or amend such manner of billing on reasonable notice to affected parties. SECTION 4.5 RESTRICTED RESERVES. For purposes of this Agreement, "Restricted Reserves" means cash and other reserves of the Disposal System which are restricted to specific uses or are otherwise being reserved by the County to meet its obligations hereunder throughout the term of the Agreement with respect to the Disposal System pursuant to any Applicable Law, contract, adopted budget, budgetary policy of the County with respect to the Disposal System, or other arrangement. Such cash and other reserves are not required to be deposited in separate accounts or funds in order to constitute "Restricted Reserves" hereunder, and may be commingled with 21 Execution Copy Unrestricted Reserves or other funds of the County attributable to the Disposal System. "Restricted Reserves" shall include, but not be limited to, the following: (i) reserves for closure of components of the Disposal System to the extent required by Applicable Law; (ii) amounts reserved by the County for funding of post closure maintenance and monitoring with respect to components of the Disposal System; (iii) reserves established to protect the Disposal System against the adverse financial impact of potential decreases in waste deliveries pursuant to Section 4.2(B); (iv) amounts reserved to pay the costs of capital improvements with respect to the Disposal System; (v) amounts funded from revenues during the early years of the term of the Agreement reserved to enable the County to provide disposal services for the Contract Rate during the later years of the Agreement; (vi) amounts temporarily held by the County prior to payment to the State or other Governmental Bodies pursuant to Applicable Law (including any fees or charges payable to the State Integrated Waste Management Board); (vii) reserves required to meet bond covenants pursuant to financing agreements for Disposal System assets to the extent such amounts must be legally separate and distinct from other reserves identified in this Section; (viii) security deposits from landfill deferred payment program users; (ix) amounts held by the County in the Environmental Fund (provided, however, that such amounts in the Environmental Fund will be made available and used by the County if required to pay costs relating to environmental remediation or other related costs); (x) AB939 surcharges; (xi) amounts held by the County in the Corrective Action Fund held pursuant to CCR Title 27 to demonstrate financial assurance to pay for potential groundwater contamination; and (xii) an amount equal to three months of budgeted expenses for the Disposal System for the current fiscal year, representing working capital of the Disposal System. SECTION 4.6 AUDITED FINANCIAL STATEMENTS. The County shall annually, on or before January 1 each year, prepare or cause to be prepared and have on file for inspection an annual report for the preceding Contract Year, accompanied by a certificate of an independent public accountant or of the County Auditor and Controller as to the examination of the financial statements therein (describing such statements as fairly presenting the information therein in conformity with generally accepted accounting principles) relating to the Disposal System, the Disposal Services, and the fiscal activities of the County OC Waste Disposal Enterprise Fund, and including statements in reasonable detail of the financial condition of the County OC Waste Disposal Enterprise Fund as of the end of the Contract Year and revenue and expenses for the Contract Year. SECTION 4.7 ANNUAL UPDATE OF TEN-YEAR FINANCIAL PROJECTION. The County shall annually, on or before May I of each year, prepare or cause to be prepared, an updated Ten -Year Financial Projection for the Disposal System. Said Financial Projection shall include at least two full years of prior actual data and ten years of future projections including the following elements: 22 Execution Copy County Acceptable Waste, in tons; Imported Acceptable Waste, in tons; Revenues and expenditures; 4. Cash fund balances, including all monies in the County Solid Waste Enterprise Fund, with specific delineation of monies in the Environmental Fund, Restricted Reserves, Unrestricted Reserves, and all other funds of the System. 5. Projected liabilities for closure and post closure as well as reasonable reserves for other environmental costs. The purpose of the Ten -Year Financial Projection is to keep the City fully informed about the future financial condition of the Disposal System. The County shall cause a copy of the Ten -Year Financial Projection to be delivered to the City Manager of the City no later than May 1 of each year. Upon request, the County shall make available to the Cities supporting information related to the ten-year financial projection ARTICLE V BREACH, ENFORCEMENT AND TERMINATION SECTION 5.1 BREACH. The parties agree that in the event either party breaches any obligation under this Agreement or any representation made by either party hereunder is untrue in any material respect, the other party shall have the right to take any action at law or in equity (including actions for injunctive relief, mandamus and specific performance) it may have to enforce the payment of any amounts due or the performance of any obligations to be performed hereunder. Neither party shall have the right to terminate this Agreement except as provided in Section 5.2 and Section 5.3 hereof or as otherwise provided in this Agreement. SECTION 5.2 CITY CONVENIENCE TERMINATION. The City shall have the right to terminate this Agreement in its sole discretion, for its convenience and without cause at any time during the Term hereof upon 90 days' written notice to the County. If the City exercises its rights to terminate the Agreement pursuant to this Section, the City shall pay the County a termination fee equal to the Contract Rate in effect at the time of such termination (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2) multiplied by the number of tons of City Acceptable Waste delivered to the Disposal System during the preceding twelve months (or, if the City had been in breach of the Waste Disposal Covenant during such prior months, such amount as would have been delivered if the City had complied with the Waste Disposal Covenant), multiplied by the number of years remaining in the Term of the Agreement. SECTION 5.3 TERMINATION. (A) By City. Except as expressly provided herein, the City shall have no right to terminate this Agreement for cause except in the event of the repeated failure or refusal by the County substantially to perform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance; except that no such failure or refusal shall give the City the right to terminate this Agreement for cause under this subsection unless: (1) The City has given prior written notice to the County stating that a specified failure or refusal to perform exists which will, unless corrected, constitute a material breach of this Agreement on the part of the County and which will, in its opinion, give the City the right to terminate this Agreement for cause under this subsection unless such breach is corrected within a reasonable period of time, and (2) The County has neither challenged in an appropriate forum (in accordance with Section 5.5) the City's conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Agreement nor corrected or diligently taken steps to correct such breach within a reasonable period of time not more than 90 days from the date of the notice given pursuant to clause (1) of this subsection (but if the 23 Execution Copy County shall have diligently taken steps to correct such breach within such reasonable period of time, the same shall not constitute a breach giving rise to the right of termination for as long as the County is continuing to take such steps to correct such breach). (B) By County. Except as expressly provided herein, the County shall have no right to terminate this Agreement for cause except in the event of the repeated failure or refusal by the City substantially to perform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance; except that no such failure or refusal shall give the County the right to terminate this Agreement for cause under this subsection unless: (1) The County has given prior written notice to the City stating that a specified failure or refusal to perform exists which will, unless corrected, constitute a material breach of this Agreement on the part of the City and which will, in its opinion, give the County right to terminate this Agreement for cause under this subsection unless such breach is corrected within a reasonable period of time, and (2) The City has neither challenged in an appropriate forum (in accordance with Section 5.5) the County's conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Agreement nor corrected or diligently taken steps to correct such breach within a reasonable period of time not more than 90 days from the date of the notice given pursuant to clause (1) of this subsection (but if the City shall have diligently taken steps to correct such breach within such reasonable period of time, the same shall not constitute a breach giving rise to the right of termination for as long as the City is continuing to take such steps to correct such breach). SECTION 5.4 NO WAIVERS. No action of the County or the City pursuant to this Agreement (including, but not limited to, any investigation or payment), and no failure to act, shall constitute a waiver by either party of the other party's compliance with any term or provision of this Agreement. No course of dealing or delay by the County or the City in exercising any right, power or remedy under this Agreement shall operate as a waiver thereof or otherwise prejudice such party's rights, powers and remedies. No single or partial exercise of (or failure to exercise) any right, power or remedy of the County or the City under this Agreement shall preclude any other or further exercise thereof of the exercise of any other right, power or remedy. SECTION 5.5 FORUM FOR DISPUTE RESOLUTION. It is the express intention of the parties that all legal actions and proceedings related to this Agreement or to the Disposal System or to any rights or any relationship between the parties arising therefrom shall be solely and exclusively initiated and maintained in courts of the State of California having appropriate jurisdiction. ARTICLE VI TERM SECTION 6.1 EFFECTIVE DATE AND TERM. (A) Initial Term. This Agreement shall become effective, shall be in full force and effect and shall be legally binding upon the City and the County from the Contract Date and shall continue in full force and effect until June 30, 2020, unless earlier terminated in accordance with its terms, in which event the Term shall be deemed to have expired as of the date of such termination. (B) Option to Renew. This Agreement shall be subject to renewal by mutual agreement of the parties, on or before June 30, 2018, for an additional term of ten years (the "Renewal Term") on the same terms and conditions as are applicable during the Initial Term hereof. The City shall give the County written notice of its irrevocable election to renew this Agreement on or before June 30, 2017. If the parties do not renew this Agreement by June 30, 2018, the Agreement shall expire on June 30, 2020. (C) Contract Rate During Renewal Term. In connection with the parties' right to renew this Agreement for an additional ten-year term pursuant to Section 6.1(B), the parties shall, on or before June 30, 2018, negotiate an applicable change in the Contract Rate for such renewal term. In determining any revisions to the 24 Execution Copy Contract Rate to be applicable during any renewal period, in addition to the circumstances described in Section 4.2(A), the parties may take into consideration the following parameters, including but not limited to: (i) actual cost of operations; (ii) population growth; (iii) increase or decrease in available tonnage; (iv) economic and disposal market conditions in the Southern California region; (v) changes in transportation and technology; (vi) closure and expansion of nearby landfills; (vii) capacity of the Disposal System; and (viii) available reserves which are in excess of the amount reasonably required as reserves. (D) Survival: Accrued Rights. The rights and obligations of the parties hereto pursuant to Sections 3.1(E)(2), 5.1, 5.3, 5.5, 7.2, 7.3, 7.5, 7.7, 7.8, 7.9, and 7.10 hereof shall survive the termination or expiration of this Agreement, and no such termination or expiration shall limit or otherwise affect the respective rights and obligations of the parties hereto accrued prior to the date of such termination or expiration. At the end of the Term of this Agreement, all other obligations of the parties shall terminate. SECTION 6.2 COMMENCEMENT DATE. (A) Obligations of the Parties Prior to the Commencement Date. The parties acknowledge that the Disposal Agreements may be executed and delivered on different dates and that, except as provided in this subsection, neither the County nor the City shall be obligated to perform its obligations hereunder until the participation threshold provided herein has been met and the other conditions to the occurrence of the Commencement Date have occurred. Prior to the Commencement Date, each party hereto shall at its own expense exercise good faith and due diligence and take all steps within its reasonable control in seeking to satisfy the conditions to the Commencement Date set forth herein as soon as reasonably practicable. The County and the City, each at its own expense, shall cooperate fully with each other and the other Participating Cities in connection with the foregoing undertaking. Until the Commencement Date occurs, the Original WDAs shall remain in full force and effect. (B) Condition to the Commencement Date. The Commencement Date for the Agreement shall be the date on which the percentage of the County's Acceptable Waste attributable to Participating Cities which have executed and delivered Disposal Agreements shall exceed 85% percent (using the percentage rates attributed to such Cities in Appendix 1). Unincorporated County is assumed to be a Participating City for the purposes of determining the Commencement Date in accordance with this Section 6.2(b) and Appendix 1 of this Agreement. (C) Satisfaction of Condition and Commencement Date. Upon the satisfaction or waiver of the condition to the Commencement Date, the County shall give written notice thereof to the cities which have theretofore executed Disposal Agreements. The parties shall thereupon hold a formal closing acknowledging the satisfaction or waiver of the condition to the Commencement Date, certifying that the Commencement Date has occurred and designating the Participating Cities. Copies of all of the documents or instruments constituting or evidencing satisfaction of the Commencement Date conditions shall be furnished to each party prior to or on the Commencement Date. 25 Execution Copy (D) Newly Incorporated Cities. Any city within Orange County which becomes incorporated after the Commencement Date shall upon request be offered the opportunity by the County to become a Participating City. If any such City executes a Disposal Agreement and meets the applicable condition provided in subsection 6.2(B) hereof within 180 days following the date of its municipal incorporation, then such City shall be entitled to execute a Waste Disposal Agreement on substantially the same terms and conditions as this Agreement (including the Contract Rate), notwithstanding the limitations contained in Section 3.6(B). (E) Failure of Condition. If by [ 120 DAYS AFTER BOARD APPROVAL], or such later date as the County may agree, the condition to the Commencement Date specified in this Section is not satisfied, either party hereto may, by notice in writing to the other party, terminate this Agreement. Neither party shall be liable to the other for the termination of this Agreement pursuant to this subsection, and each of the parties shall bear its respective costs and expenses incurred in seeking to satisfy the condition to the Commencement Date. Notwithstanding anything in this Agreement to the contrary, in the event that this Agreement is terminated pursuant to this Section, the provisions of the Original WDA shall remain in full force and effect on the terms and conditions set forth therein. ARTICLE VII GENERAL PROVISIONS SECTION 7.1 OPERATION AND MAINTENANCE OF THE DISPOSAL SYSTEM. The County, at its cost and expense through the County Solid Waste Enterprise Fund, shall at all times operate, or caused to be operated, the Disposal System in accordance with Applicable Law and the operating rules and regulations of the Department. SECTION 7.2 UNCONTROLLABLE CIRCUMSTANCES GENERALLY. (A) Performance Excused. Except as otherwise specifically provided in this Agreement, neither the County nor the City shall be liable to the other for any failure or delay in the performance of any obligation under this Agreement (other than any payment at the time due and owing) to the extent such failure or delay is due to the occurrence of an Uncontrollable Circumstance. (B) Notice. Miti ag tion. The party experiencing an Uncontrollable Circumstance shall notify the other party by telecommunication or telephone and in writing, on or promptly after the date the party experiencing such Uncontrollable Circumstance first knew of the commencement thereof, followed within 15 days by a written description of (1) the Uncontrollable Circumstance and the cause thereof (to the extent known), (2) the date the Uncontrollable Circumstance began and the cause thereof, its estimated duration, the estimated time during which the performance of such party's obligations hereunder will be delayed, (3) the estimated amount, if any, by which the Contract Rate may need to be adjusted as a result of such Uncontrollable Circumstance, (4) its estimated impact on the other obligations of such party under this Agreement and (5) potential mitigating actions which might be taken by the County or City and any areas where costs might be reduced and the approximate amount of such cost reductions. Each party shall provide prompt written notice of the cessation of such Uncontrollable Circumstance. Whenever such act, event or condition shall occur, the party claiming to be adversely affected thereby shall, as promptly as reasonably possible, use its best efforts to eliminate the cause therefor, reduce costs and resume performance under this Agreement. In addition, with respect to Changes in Law, the County shall diligently contest any such changes the imposition of which would have a material adverse impact on the Disposal System. While the delay continues, the County or City shall give notice to the other party, before the first day of each succeeding month, updating the information previously submitted. (C) Impact on Contract Rate. If and to the extent that Uncontrollable Circumstances interfere with, delay or increase the cost to the County of meeting its obligations hereunder and providing Disposal Services to the Participating Cities in accordance herewith, the County shall be entitled to an increase in the Contract Rate as provided in Section 4.2 herein or an extension in the schedule for performance equal to the amount of the increased cost or the time lost as a result thereof. The proceeds of any insurance available to meet any such increased cost shall be applied to such purpose prior to any determination of cost increases payable under this subsection. Any cost reductions achieved through the mitigating measures undertaken by the County pursuant to subsection 7.2(B) hereof upon the occurrence of an Uncontrollable Circumstance shall be reflected in a reduction of the amount by which the 26 Execution Copy Contract Rate would have otherwise been increased or shall serve to reduce the Contract Rate to reflect such mitigation measures, as applicable. SECTION 7.3 INDEMNIFICATION. To the extent permitted by law, the County agrees that, it will protect, indemnify, defend and hold harmless the City from and against all Loss -and -Expense arising from the City's activity as an "arranger" (for purposes of and as such term is defined under CERCLA or comparable state statutes) of municipal solid waste disposal pursuant to this Agreement. In the event the City shall determine that because of conflict or any other reason that it wishes to be defended by legal counsel other than the legal counsel provided by the County, the cost of providing such legal counsel shall be the City's sole responsibility. The City acknowledges the County's legitimate interest in actively participating in any defense, litigation or settlement whether the County or the City provides legal counsel. Any costs incurred by the County pursuant to this Section shall be considered an Uncontrollable Circumstance cost and the County shall be entitled to adjust the Contract Rate as provided in subsection 4.2(A) herein. The County shall not, however, be required to indemnify or defend the City from and against all Loss -and -Expense arising from any willful, knowing, illegal or negligent disposal of hazardous waste (other than incidental amounts of Household Hazardous Waste commonly found in municipal solid waste and permitted to be disposed in Class III landfills under RCRA) which violates the County's landfill permits or Applicable Law. The parties agree that this provision constitutes an indemnity under CERCLA (to the extent of the specific provisions of this Section). The parties acknowledge that this subsection is not intended to and does not create any obligation on the part of the County to provide any indemnification or defense to any Franchise Hauler, whether franchised or not, or any Independent Hauler or Transfer Station, under any circumstances. The City acknowledges the County's legitimate interest in actively participating in any defense, litigation or settlement, and shall, as a condition to this indemnity, coordinate fully with the County in the defense. SECTION 7.4 RELATIONSHIP OF THE PARTIES. Neither party to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations or liabilities assumed by the other party hereto, whether accrued, absolute, contingent or otherwise, or whether due or to become due. The County is an independent contractor of the City and nothing in this Agreement shall be deemed to constitute either party a partner, agent or legal representative of the other party or to create any fiduciary relationship between the parties. SECTION 7.5 LIMITED RECOURSE. (A) To the Citv. Except in the event the City has not established or maintained a City Solid Waste Enterprise Fund, no recourse shall be had to the general funds or general credit of the City for the payment of any amount due the County hereunder, or the performance of any obligation incurred hereunder, including any Loss - and -Expense of any nature arising from the performance or non-performance of the City's obligations hereunder. The sole recourse of the County for all such amounts shall be to the funds held in any such Solid Waste Enterprise Fund. All amounts held in any City Solid Waste Enterprise Fund shall be held for the uses permitted and required thereby, and no such amounts shall constitute property of the County. The City shall make adequate provision in the administration of any City Solid Waste Enterprise Fund for the payment of any amount or the performance of any obligation which may be due hereunder. (B) To the County. No recourse shall be had to the general funds or general credit of the County for the payment of any amount due the City hereunder, or the performance of any obligation incurred hereunder, including any Loss -and -Expense of any nature arising from the performance or non-performance of the County's obligations hereunder. The sole recourse of the City for all such amounts shall be to the funds held in the County Solid Waste Enterprise Fund in accordance with the terms of this Agreement. All amounts held in the County Solid Waste Enterprise Fund shall be held for the uses permitted and required thereby, and no such amounts shall constitute property of the City. The County shall make adequate provision in the administration of the County Solid Waste Enterprise Fund for the payment of any amount or the performance of any obligation which may be due hereunder. SECTION 7.6 PRE-EXISTING RIGHTS AND LIABILITIES. Nothing in this Agreement is intended to affect, release, waive or modify any rights, obligations or liabilities which any party hereto may have to or against the other party as of the Contract Date relating to the disposal of waste in the Disposal System or any other related matter. 27 Execution Copy SECTION 7.7 NO VESTED RIGHTS. The City shall not acquire any vested property, license or other rights in the Disposal System by reason of this Agreement. SECTION 7.8 LIABILITY FOR COLLECTION TRANSPORTATION AND PROCESSING. Any liability incurred by the City as a result of collecting Acceptable Waste or processing it for diversion from landfill, or as a result of causing, franchising, permitting, licensing, authorizing or arranging any of the foregoing, shall be its sole liability, except as expressly otherwise provided herein. SECTION 7.9 NO CONSEQUENTIAL OR PUNITIVE DAMAGES. In no event shall either party hereto be liable to the other or obligated in any manner to pay to the other any special, incidental, consequential, punitive or similar damages based upon claims arising out of or in connection with the performance or non- performance of its obligations or otherwise under this Agreement, or the material inaccuracy of any representation made in this Agreement, whether such claims are based upon contract, tort, negligence, warranty or other legal theory. SECTION 7.10 AMENDMENTS. Neither this Agreement nor any provision hereof may be changed, modified, amended or waived except by written agreement duly authorized and executed by both parties. SECTION 7.11 NOTICE OF LITIGATION. Each party shall deliver written notice to the other of any Legal Proceeding to which it is a party and which questions the validity or enforceability of this Agreement executed by the City or the County or any Legal Entitlement issued in connection herewith. SECTION 7.12 FURTHER ASSURANCES. At any and all times the City and the County so far as may be authorized by law shall pass, make, do, execute, acknowledge and deliver any and every such further resolutions, acts, deeds, conveyances, instruments, assignments, transfers and assurances as may be necessary or reasonably requested by the other in order to give full effect to this Agreement. SECTION 7.13 ASSIGNMENT OF AGREEMENT. (A) Assignment. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either party hereto without the prior written consent of the other party, which may be withheld in the other party's sole discretion. Notwithstanding the foregoing, either party may assign this Agreement to another public entity, subject to the reasonable consent of the other party. In such circumstances the party not requesting the assignment shall have the right to demand assurances of the financial, technical and legal ability of the proposed assignee to undertake the responsibilities and obligations of the assigning party. (B) Sale. The County shall not enter into any agreement for the sale of the Disposal System which provides for an effective date for such sale prior to the termination of this Agreement. SECTION 7.14 INTEREST ON OVERDUE OBLIGATIONS. Except as otherwise provided herein, all amounts due hereunder, whether as damages, credits, revenue or reimbursements, that are not paid when due shall bear interest at the Overdue Rate on the amount outstanding from time to time, on the basis of a 365 -day year, counting the actual number of days elapsed, and all such interest accrued at any time shall, to the extent permitted by Applicable Law, be deemed added to the amount due, as accrued. SECTION 7.15 BINDING EFFECT. This Agreement shall bind and inure to the benefit of the parties hereto and any successor or assignee acquiring an interest hereunder consistent with the provisions of Section 7.13 hereof. SECTION 7.16 NOTICES. Any notice or communication required or permitted hereunder shall be in writing and sufficiently given if delivered in person or sent by certified or registered mail, postage prepaid, to the notice address of the respective parties set forth on the cover page of this Agreement. Changes in the respective addresses to which such notices may be directed may be made from time to time by any party by notice to the other party. 28 Execution Copy IN WITNESS WHEREOF, COUNTY and CITY have caused this Agreement to be executed by their duly authorized officers or representatives as of the day and year first above written. COUNTY OF ORANGE ---"Date By Director, OC taste & Rec cling Date By Doug Davert, Mayor City of Tustin Date 2 By qll��V Douglas C. Hollan, City Attorney City of TuMn APPROVED AS TO FORM: COUNTY COUNSEL O COUNTY, CALIFORNIA B(2 (�L R-, 29 Execution Copy APPENDIX 1 ESTIMATED ANNUAL TONNAGE Execution Copy APPENDIX 1 PERCENTAGE OF COUNTY ACCEPTABLE WASTE ATTRIBUTABLE TO PARTICIPATING CITIES FOR PURPOSE OF SECTION 6.2(b) Jurisdiction Percentage of County Acceptable Waste Anaheim 13.4% Santa Ana 10.6% Irvine 7.5% Huntington Beach 6.0% Orange 5.8% Garden Grove 5.1% Fullerton 4.5% Unincolporated Orange County 4.3% Costa Mesa 3.6% Newport Beach 3.0% Lake Forest 2.6% Buena Park 2.5% Mission Viejo 2.3% Westminster 2.3% Yorba Linda 2.3% Brea _ 2.1% Tustin 2.0% Cypress 1.9% La Habra 1.8% San Clemente 1.7% Fountain Valley 1.6% Laguna Niguel 1.6% Placentia 1.6% San Juan Capistrano 1.6% Laguna Beach 1.4% Dana Point 1.2% Stanton 1.1% Rancho Santa Margarita 1.0% Laguna Hills 0.9% Seal Beach 0.8% Aliso Viejo 0.7% Los Alamitos 0.5% La Palma 0.3% Laguna Woods 0.2% Villa Park 0.2% Total 100% (1) Unincorporated County is assumed to be a Participating City for the purposes of determining the Commencement Date in accordance with Section 6.2(b) of this Agreement. (2) A Participating City will only be included for purposing of determining the Commencement Date upon (i) execution of a Waste Disposal Agreement by that Participating City and (ii) execution of a Hauler Acknowledgement(s) by the Franchise Hauler(s) operating within such Participating City Execution Copy APPENDIX 2 CUMULATIVE TONNAGE TARGETS Execution Copy APPENDIX 2 Cumulative County Acceptable Waste Tonnage Target to be Used for Purposes of Section 4.2 (B) Fiscal Year County Acceptable Waste Cumulative County Tonnage Acceptable Waste Tonnage FY 2008-09 3,170,387 3,170,387 FY 2009-10 3,092,806 6,263,193 FY 2010-11 3,185,590 9,448,783 FY 2011-12 3,344.870 12,793,653 FY 2012-13 3,445,216 16,238,869 FY 2013-14 3,514,120 19,752,989 FY 2014-15 3,549,262 23,302,251 FY 2015-16 3,565,608 26,867,859 FY 2016-17 3,582,033 30,449,892 FY 2017-18 3,598,535 34,048,427 FY 2018-19 3,615,115 37,663,542 FY 2019-20 3,631,774 41,295,316 Execution Copy APPENDIX 3 CUMULATIVE CAPITAL COSTS to be Used for Purposes of Section 4.2(A)vi Fiscal Year (ending June 30 Annual Capital Costs Cumulative Capital Costs 2009 $37,939,538 $37,939,538 2010 $59,343,405 $97,282,943 2011 $10,433,978 $107,716,921 2012 $13,678,113 $121,395,034 2013 $17,525,040 $138,920,074 2014 $11,259,518 $150,179,592 2015 $37,682,758 $187,862,350 2016 $5,068,800 $192,931,150 2017 $10,662,265 $203,593,415 2018 $29,397,698 $232,991,113 2019 $8,263,795 $241,254,908 2020 $45,103,805 $286,358,713 Execution Copy APPENDIX 4 FORM OF HAULER ACKNOWLEDGMENT Execution Copy FRANCHISE HAULER ACKNOWLEDGMENT THIS FRANCHISE HAULER ACKNOWLEDGMENT, dated as ofWI 2009 (the "Acknowledgment"), by CR&R, INC. (the "Franchise Hauler"). WITNESSETH WHEREAS, the City of Tustin (the "City") and the Franchise Hauler have heretofore entered into an agreement entitled, CONTRACT FOR THE COLLECTION, TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE AND FOR THE COLLECTION, TRANSPORTATION, PROCESSING AND DIVERSION OF RECYCLABLE MATERIALS, dated as of May 1, 2007 (the "Franchise"); and WHEREAS, the Franchise provides for the collection and disposal of certain municipal solid waste as described therein ("Franchise Waste") generated within the City; and WHEREAS, Orange County (the "County") owns, manages and operates a sanitary landfill disposal system for municipal solid waste generated within the County; and WHEREAS, the City and the County have heretofore entered into a Waste Disposal Agreement, dated as of ,Tune 2 PdaUxxakxexxxikxappmmq, 2009 (the "Disposal Agreement") determining that the execution of such Disposal Agreement will serve the public health, safety and welfare of the residents of the City and County, by maintaining public ownership and stewardship over the Orange County Landfill Disposal System (the "Disposal System"); and WHEREAS, under the Disposal Agreement, the County has agreed to provide long-term disposal of all municipal solid waste generated within the City and the City has agreed to exercise all legal, and contractual power which it possesses from time to time to deliver or cause the delivery of such waste to the Disposal System; and WHEREAS, the provisions of the Waste Disposal Agreement which guarantee capacity for the long term disposal of waste at specified rates generated in the City provide significant benefits to the Franchise Hauler; and WHEREAS, notwithstanding any Franchise provisions to the contrary, the Franchise Hauler explicitly acknowledges the aforementioned benefits to the City, the County and the Franchise Hauler in providing for the disposal of all Franchise Waste to the Disposal System; and WHEREAS, the City desires to obtain, and the Franchise Hauler desires to provide, this Acknowledgment to assure that the City and the Franchise Hauler will be entitled to the benefits of the Waste Disposal Agreement and to assure conformity with the waste delivery obligations which have been agreed to by the City under the Disposal Agreement through the delivery of waste by the Franchise Hauler to the Disposal System; and WHEREAS, the Franchise Hauler's agreement to deliver Franchise Waste to the Disposal Franchise Hauler Acknowledgment Page 1 of 3 639604 1 System under this Acknowledgment is given in consideration of the Franchise Hauler's right to receive the Contract Rate for such disposal as provided in the Disposal Agreement. ACKNOWLEDGMENT NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Franchise Hauler, intending to be legally bound hereby, agrees as follows: 1. Capitalized terms used and not otherwise defined herein are used as defined in the Disposal Agreement. 2. The Franchise Hauler hereby waives any right which it may possess under applicable law to contest on any ground, constitutional, statutory, case law, administrative or otherwise, (a) the right, power or authority of the County or the City to enter into or perform their respective obligations under the Disposal Agreement, (b) the enforceability against the County or the City of the Disposal Agreement, or (c) the right, power or authority of the City to deliver or cause the delivery of all Controllable Waste to the Designated Disposal Facility in accordance with the Disposal Agreement and this Acknowledgment. 3. The Franchise Hauler hereby represents that this Acknowledgment has been duly authorized by all necessary action of its governing body. 4. The Franchise Hauler shall deliver or cause to be delivered all Controllable Waste (including all residue from the processing by any means, wherever conducted, of Controllable Waste), to the Disposal System, and shall otherwise assist the City in complying with its obligations under the Waste Disposal Covenant in Section 3.1 of the Disposal Agreement. 5. The Franchise Hauler shall not haul Controllable Waste to any materials recovery facility, composting facility, intermediate processing facility, recycling center, transfer station or other waste handling or management facility unless the contract or other agreement or arrangement between the Franchise Hauler and the operator of such facility is sufficient in the opinion of the County to assure that the Residue from such facility constituting City Acceptable Waste (or Tonnage equivalencies) and the City Acceptable Waste transferred by such facility shall be delivered to the Designated Disposal Facility in compliance with the Waste Disposal Covenant. 6. The Franchise Hauler shall pay the Contract Rate imposed by the County at the Designated Disposal Facility for the disposal of all Controllable Waste, which rate shall be subject to potential adjustment necessary to reflect the circumstances set forth in the Disposal Agreement. 7. Nothing in this Acknowledgment is intended to restrict any right or responsibility explicitly given the Franchise Hauler in the Franchise to recycle City Acceptable Waste, except as provided in paragraph 5 above with respect to Residue from any such recycling operations. 8. The obligations of the Franchise Hauler under this Acknowledgment shall apply notwithstanding any provision of the Franchise which may conflict herewith. Franchise Hauler Acknowledgment Page 2 of 3 63904 1 9. This Acknowledgment may be enforced by the City by any available legal means. In any enforcement action by the City, the burden of proof shall be on the Franchise Hauler to demonstrate compliance herewith. 10. This Acknowledgment shall be in full force and effect and shall be legally binding upon the Franchise Hauler from the date hereof and shall continue in full force and effect until the earlier of (i) the end of the term of the Franchise or (ii) the end of the term of the Disposal Agreement. 11. The Franchise Hauler agrees that the County shall be an express third party beneficiary of this Acknowledgment, and shall be entitled to independently enforce the obligations of the Franchise Hauler hereunder. 12. The Franchise Hauler agrees to assist the County in verifying tonnage collected by the Franchise Hauler and providing information required by the County. Hauler will provide upon request refuse tonnage collected within the County, and outside the County (if relevant to confirming tonnage origination), separated by jurisdiction, by load type (residential, commercial, roll -off box), and by facility to which it was delivered (specify which landfill or transfer station). The Franchise Hauler will provide customer service levels and route lists. The Franchise Hauler will cooperate with County audits to verify reported origin of tonnage by making records and personnel available to the County and/or its auditors. IN WITNESS WHEREOF, the Franchise Hauler has caused this Acknowledgment to be executed by its duly authorized officers or representatives as of 3 1E day of Ma ; 2009. -'cJrj6 CR&R, INC. Signature: k Printed Name: e 4-J 2 Title: L2,_3 i m-, V %ce PXE'sl-,5F.,i T' Franchise Hauler Acknowledgment Page 3 of 3 ATTACHMENT J Annual Rate and Disposal Cost Adjustments The original "Collection", "Processing", and "Disposal" components of rates are identified in Attachment D and each component shall be adjusted according to the following procedures. No Adjustments will be made to any rate component that was proposed as "0" or as a negative value rate component upon the Effective Date of the Agreement. The fol%wing rounding protocol shall be used in the calculations described herein: For the calculation of the percentage change in all indexes described in this Attachment J, the calculations shall be rounded to one decimal place. (Example. 2.3% or 0.2%). For calculation of all rates and rate components described in this Attachment J, the calculations shall be rounded to two decimal places. (Example. $2.39). The numbers 1, 2, 3, and 4 in all calculations shall be rounded down. (Example. If the result of the calculation were 7.344, the final figure would be 7.3.) The numbers 5, 6, 7, 8 and 9 in all calculations shall be rounded up. (Example. If the result of the calculation were $3.468, the final figure would be $3.47). In the event that the standard reference base period for any index used herein is revised, the calculations will be performed using the officially released data published by the Bureau of Labor Statistics. If an index used herein is discontinued, the successor index with which it is replaced, will be used for subsequent calculations. If no successor index is identified by the Bureau of Labor Statistics, the government index which is most comparable will be used. 1. ANNUAL RATE ADJUSTMENT METHOD AND DISPOSAL COST ADJUSTMENT METHOD A. ADJUSTMENT FOR COLLECTION COMPONENT OF ANNUAL RATE BASED ON PPI Perform the following calculations of the most current adjusted Collection component of the rate. The initial adjustment shall be applied to the Collection component of the rate as identified in Attachment D beginning July 1, 2020. Step One. Calculate the percentage change in the Producer Price Index for Natural Gas (Series ID WPU0531). The first adjustment to be made on July 1, 2020 shall be calculated by: 1) Calculate the value of the annual average change in the `Natural Gas' PPI for the twelve-month period spanning January 2018 through December 2018. The annual average of these indices is calculated by taking the sum of all 12 monthly indices and then dividing that number by 12. 1 ATTACHMENT J Annual Rate and Disposal Cost Adjustments 2) The 2019 annual average value shall then be calculated for the period January 2019 through December 2019. The annual average of these indices is calculated by taking the sum of all 12 monthly indices and then dividing that number by 12. 3) Next, the percentage change for the final Natural Gas PPI shall be determined by calculating the annual change between the 2018 to 2019 values. The annual change shall be calculated by taking the difference between the 2019 and 2018 annual averages and dividing this by the 2018 annual average. For example, if the 2018 annual average was 100 and the 2019 annual average was 110, the change in these values would be 10% ((110-100)/100). This same calculation shall be performed by comparing the average of the prior twelve-month period ending on December 31 for every year of the Term. Step Two. Calculate the fuel costs by subtracting the portion of the Collection component of the rate attributed to fuel by multiplying Collection by 15%. Step Three. Multiply the fuel cost (15% of Collection) by 1 plus the percentage change in preliminary PPI for Natural Gas. If the PPI percentage change is negative, then 15% of Collection will be adjusted downward; and if the PPI percentage change is positive, then 15% of Collection shall be adjusted upward. The percentage change shall not exceed 25% for a percentage increase, or - 25% for a percentage decrease, per annum. Step Four. Calculate the percentage change using the annual average value of the Producer Price Index for `Final Demand - Finished Goods Less Food and Energy' (Bureau of Labor Statistics Series ID WPUFD4131). The first adjustment to be made on July 1, 2020 shall be calculated by: 1) Calculate the value of the annual average change in the `Final Demand - Finished Goods Less Food and Energy' PPI for the twelve-month period spanning January 2018 through December 2018. The annual average of these indices is calculated by taking the sum of all 12 monthly indices and then dividing that number by 12. 2) The 2019 annual average value shall then be calculated for the period January 2019 through December 2019. The annual average of these indices is calculated by taking the sum of all 12 monthly indices and then dividing that number by 12. 3) Next, the percentage change for the final Finished Goods Less Food and Energy PPI shall be determined by calculating the annual change between the 2018 to 2019 values. The annual change shall be calculated by taking the difference between the 2019 and 2018 annual averages and dividing this by the 2018 annual average. For example, if the 2018 annual average was 100 and the 2019 annual average was 110, the change in these values would be 10% ((110-100)/100). 2 ATTACHMENT J Annual Rate and Disposal Cost Adjustments This same calculation shall be performed by comparing the average of the prior twelve-month period ending on December 31 for every year of the Term. The percentage change shall not exceed 4% per annum. In the event the calculated average percentage change in the PPI is negative, the rate adjustment shall be zero (0). Step Five. Multiply the Collection component of the rate by 85% to calculate the Collection fee less fuel costs. Step Six. Multiply the Collection fee, less fuel costs (85% of Collection) by 1 plus the percentage change in PPI for Finished Goods similar to the calculation shown in Step Four above. Step Seven. Add the Collection component adjusted for fuel costs (15% of Collection as calculated in Step 3) to the Collection component less fuel costs (85% of Collection as calculated in Step 6) for the total adjusted Collection component of the rate. Sample Rate Adjustment Calculation for Change in PPI (All numbers are examples only and are used here for illustration purposes). Example Assumptions Final Annual Average PPI for Finished Goods (old) 140.00 Final Annual Average PPI for Finished Goods (new) 144.00 Final Annual Average PPI for Natural Gas (old) 237.4 Final Annual Average PPI for Natural Gas (new) 270.7 Current Residential Recycling Cart Collection Rate $ 0.91 Current Commingled 3 -yd bin Collection Rate $32.28 Step One. Calculate average annual percentage change in PPI for Natural Gas. 270.7 - 237.4 = (33.3/237.4) X 100 = 14.0% Step Two. Calculate average annual percentage of Collection attributable to fuel costs (= 15%). Residential Collection Rate: $.91 X. 15 = $.14 3 yd. Bin Collection Rate: $32.28 X.15 = $4.84 Step Three. Apply annual percentage change of PPI for Natural Gas to fuel costs calculated in Step Two. Residential Collection Rate: $.14 X 1.14 = $.16 3 yd. Bin Collection Rate: $4.84 X 1.14 = $5.52 3 ATTACHMENT J Annual Rate and Disposal Cost Adjustments Step Four. Calculate average annual percentage change in PPI for Finished Goods. 144 — 140 = (4/140) 100 = 2.9% Step Five. Calculate Collection less fuel costs (= 85%). Residential Collection Rate: $.91 X.85 = $.77 3 yd. Bin Collection Rate: $32.28 X.85 = $27.44 Step Six. Apply annual percentage change of PPI for Finished Goods to Collection fee less fuel costs calculated in Step Five. Residential Collection Rate: $.77 X 1.029 = $.79 3 yd. Bin Collection Rate: $27.44 X 1.029 = $28.24 Step Seven. Add the rates calculated in step three and step six to calculate the total adjusted Collection rate. New Residential Collection Rate: $.16 + $.79 = $.95 New 3 yd. Bin Collection Rate: $5.52 + $28.24 = $33.76 B. ADJUSTMENT FOR PROCESSING COMPONENT OF ANNUAL RATE BASED ON PPI Perform the following calculations of the most current adjusted Processing component of the rate. The initial adjustment shall be applied to the Processing component of the rate as identified in Attachment D beginning July 1, 2020. Step One. Calculate the percentage change in the `Final Demand - Finished Goods Less Food and Energy' (Bureau of Labor Statistics Series ID WPUFD4131). The change in the PPI shall be the average of the twelve-month period ending on December 31 as compared to the prior year's average percentage change during the 12 -month period ending on December 31. The change allowed shall not exceed 4% per annum. In the event the percentage change in the PPI is negative, the adjustment for the Processing component of the rate shall be zero. Step Two. Multiply the Processing component of the rate by 1 plus the percentage change in the annual average PPI. Step Three. In the event the calculated percentage change in the PPI is negative, the rate adjustment shall be zero (0). rd ATTACHMENT J Annual Rate and Disposal Cost Adjustments Sample Rate Adjustment Calculation for Change in PPI (All numbers are examples only and are used here for illustration purposes). Example Assumptions Final Annual Average PPI for Finished Goods (old) 140.00 Final Annual Average PPI for Finished Goods (new) 144.00 Current Residential Recycling Cart Processing Rate $ 2.48 Current Single -Stream 3 yd. Bin Processing Rate $18.16 Step One. Calculate percentage change in PPI. 144-140 = (4/140) 100 = 2.9% Step Two. Apply percent change to Processing component of rate. Residential Processing Rate: $2.48 X 1.029 = $2.55 3 yd. Bin Processing Rate: $18.16 X 1.029 = $18.69 C. ADJUSTMENT FOR CHANGE IN DISPOSAL CHARGE (TIP FEES) APPLIES ONLY WHEN TIPPING FEE ACTUALLY CHANGES (INCREASES OR DECREASES) Step One. Calculate the percentage change in the Disposal Charge per ton, based upon the change between the most recent tipping fee on which rates are based, and the new tipping fee. Step Two. Apply the resulting percentage change to the most current Disposal component of rate by multiplying the Disposal component by 1 plus the percentage change. If the percentage change is negative, then the Disposal Charge will be adjusted downward; and if the percentage change is positive, then Disposal Charge shall be adjusted upward. Sample Rate Adjustment Calculation for Change in Disposal Charge (All numbers are examples only and are used here for illustration purposes) Example Assumptions Disposal Tip Fee (old) $30.00/ton Disposal Tip Fee (new) $35.00/ton Current Disposal Charge Component of Residential MSW Cart rate $ 0.11 Current Disposal Charge Component of 3 yd. Bin rate $1.01 11 ATTACHMENT J Annual Rate and Disposal Cost Adjustments Step One. Calculate percentage change in Tip Fee. $35.00 - $30.00 = ($5/$30.00) 100 = 16.7% Step Two. Apply percent change to Disposal Charge component of existing rates. Residential Disposal rate: $.11 x 1.167 = $.13 3 yard Bin Disposal rate: $1.01 x 1.167 = $1.18 CALCULATE TOTAL ANNUAL RATE Step One. Add the Collection Component of the Rate (as adjusted in A. above), the Processing Component of the Rate (as adjusted in B. above), and the Disposal Component of Rate (as adjusted in C. above) to calculate total rate for service. (Note: the Disposal Component of Rate will not be adjusted up or down if the tipping fee has not changed). Example: Adjusted Residential Rate: $.95 + $2.55 + $.13 = $3.63 Adjusted 3 yd. Bin Rate: $33.76 + $18.69 + $1.18 = $53.62 I ATTACHMENT K Reports to be Submitted to City These reports are required at a minimum. The City has the right to request additional reports, to direct Contractor to modify format and layout, and to require that Contractor use existing City report formats. All report formats shall be approved by City and shall be submitted electronically (i.e. via e-mail attachment). Paper copies shall be made available upon request by the City. The reporting year shall be the Calendar Year (i.e. January 1st through December 31St). For the initial year of the Term, the reporting period shall be April 1, 2019 through December 31, 2019. City will work with Contractor during the transition and the first year of operations to tailor and refine reporting formats to the City's desired level of detail. Contractor shall provide, for all monthly, quarterly, and annual reports, a certification statement, under penalty of perjury, signed by the responsible corporate official, that the reports are true and correct. Monthly Reports Monthly reports shall include a Year -To -Date summary. Monthly reports shall be submitted within twenty-five (25) calendar days after the end of each month for information on preceding months. The information listed may be combined into one or several reports and shall be the minimum reported: 1. Diversion Program(s) tonnage and goal summary listed by program and DPS Code. 2. Calculation of the Diversion rate achieved year-to-date. 3. Tons Collected and Diverted by Sector: Tons Collected and the Tons Diverted in the City (using the characterization study -derived Diversion and Residue percentages - see Attachment N). Tons Collected and Diverted shall be grouped by class of Customer (e.g. Commercial, Multi -family, Residential, Roll Off and Compactor Service, etc.) and also by each type of Collection service for each class of Customer, as described below: • Single Materials Recyclables Tons Collected and Diverted from Commercial, Multi -family, and Roll -off Customers • Single Stream Recyclable Materials Tons Collected and Diverted from Commercial, Multi -family, Roll -off, and Residential Customers • Food Scrap Tons collected from Commercial, Roll -off, and, if directed by the City, Multi -family and Residential Customers • Yard Trimmings Tons Collected and Diverted from Commercial, Multi -family, Roll -off, and Residential Customers • Co -collected Food Scraps and Yard Trimmings Tons Collected and Diverted from Commercial, Multi -family, Roll -off, and Residential Customers (if directed by the City) • MSW Tons Collected from Commercial, Multi -family, Roll -off, and Residential Customers 4. Tons Delivered to, and Diverted by, Processing Facilities: Report shall list the number of Tons that were delivered to, and Diverted by, each Compost Facility, Clean MRF, Construction and Demolition Debris Processing Facility, Anaerobic Digestion Facility, Bioengineered Feedstock Facility, and all other Processing Facilities used. Diversion Attachment K Page 1 of 6 ATTACHMENT K Reports to be Submitted to City rates shall be based upon the results of the characterization studies described in Attachment N. 5. All Materials Diverted by Contractor. Statement showing types of materials and quantities sold (in Tons). 6. Number of Tons of MSW Disposed during the month from both Contractor's Collection routes and Tons of Residue Disposed from each Processing Facility used by Contractor to process Recyclable Materials, Yard Trimmings, Food Scraps, Construction and Demolition Debris for materials from City. The report shall include backup documentation showing how the Tons of Residue from each Facility were calculated and allocated to City. The report shall also include the name, telephone number and e-mail address of the contact person at each Processing Facility that the City can contact with questions about the allocations and/or reported Residue percentages and/or the number of Tons processed from City. 7. Narrative summary of problems encountered including scavenging, incidents of Contamination found during on-site field Container Contamination audits, including a listing of specific location addresses for each and actions taken with recommendations for the City, as appropriate. 8. An on-going listing of "Non -Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance" who, despite the Recycling Coordinators' adherence to the required implementation steps included in Attachment B 3.3.4, still refuse to implement a State -mandated Diversion program. The listing shall include all interactions and attempts to bring the Customer into compliance with state laws by implementing a Diversion program. 9. Summary of service complaints, with a description of the nature of the complaint and how it was resolved. 10. Summary, and type, of Customers that implemented Diversion services the previous month and/or cancelled service. The reasons for cancelled service must be provided with report. 11. Recycling Coordinators' activity, tracked in a color -coded Red/Green Tracking Spreadsheet (Customers are shaded red to indicate non-compliance and shaded green to indicate compliance), showing individual interactions with businesses, including the date, a description of, and the nature of each outreach/contact effort; status of program implementation or educational efforts; issues with recycling such as Contamination or overflow; objections to implementing Diversion programs; individual compliance status with AB 341, AB 1826, SB 1383; the Customer type (i.e. Commercial, Multi -family, Gated Development/HOA/Mobile Home Park with Centralized Bin Service, Food Service Establishment, City Account); and other information as directed by the City. The results from most recent on-site field Container Contamination audits, as described in Attachment N, shall also be included in the Red/Green Tracking Spreadsheet for each account and for each line of service used by each account. An example is included as Exhibit K.1. If the City directs the Contractor to use a third -party to assist with program implementation due to non -attainment of minimum implementation levels as described in Attachment K Page 2 of 6 Article 14.11, accounts that receive technical assistance from the third -party shall be tracked and color -coded as directed by the City. Accounts that are listed as "Non - Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance" shall also be color -coded accordingly. 12. The number of warning notices issued to Customers for Contamination and the account information associated with these notices pursuant to Section 5.5 of Attachment B. 13. Number of Commercial and Residential accounts for whom E -waste and U -Waste pick- ups were provided. 14. Number of Commercial, Multi -Family, Residential, and public right-of-way Bulky Goods pick-ups. 15. A listing of all accounts, in Excel format, including: a. Customer number b. Customer name c. Account type (Commercial, Multi -family, Gated Development/HOA/Mobile Home Park with Centralized Bin Service, Food Service Establishment, City Account) d. Street address e. Billing address f. All service information, including i. Line of service (i.e. MSW, Food Scraps, Recyclable Materials) ii. Container inventory iii. Container size iv. Frequency of collection v. Collection days vi. Monthly rate collected g. Service Contact name h. Service Contact number i. Billing Contact Name j. Billing Contact Number 16. Number of Customers participating in Diversion programs provided by Contractor (i.e. Single Material Recyclables Collection Program, Single Stream Recyclable Materials Collection Program, Food Scraps Diversion Program, Composting Program, Anaerobic Digestion, Co -digestion, etc.). This section of the report must also include the total number of Containers (Bin, Carts, Split Bins, etc.) in use for Single Material Recycling, Single Stream Recyclables, Food Scrap Diversion, Composting, Anaerobic Digestion, Co -digestion, and MSW Collection/Disposal service. 17. Number of Residential accounts with Extra MSW pick-ups. 18. Number of Residential accounts participating in backyard wheel -out service. 19. Inventory of Residential curbside Containers by size and stream 20. A summary table of AB 341 and AB 1826 compliance information by Customer type and by compliance tier, including the following items: a. Total number of AB 341 and AB 1826 Customers serviced by the Contractor broken out by Customer type (i.e. Commercial, Multi -family, Gated Attachment K Page 3 of 6 Development/HOA's/Mobile Home Park with Centralized Bin service, Food Service Establishment, City accounts) b. The total number of Customers that have a Single Stream and/or Single Material Recycling Program, Food Scrap Diversion Program, and/or Yard Trimmings/Wood Recycling provided by Contractor broken out by Customer type (i.e. Commercial, Multi -family, Gated Development/HOA/Mobile Home Park with Centralized Bin Service, Food Service Establishment, City Account) c. The number of Customers with Contractor -documented internal Diversion programs that comply with AB 1826 and AB 341 by broken out by Customer type (i.e. of Commercial, Multi -family, Gated Development/HOA/Mobile Home Park with Centralized Bin Service, Food Service Establishment, City Account) d. The number of Customers that do not have an AB 341 or AB 1826 -compliant Diversion program broken out by Customer type (i.e. Commercial, Multi -family, Gated Development/HOA/Mobile Home Park with Centralized Bin Service, Food Service Establishment, City Account) e. The number of Customers that have refused service and have been placed on the listing of "Non -Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance" Quarterly Reports Within 30 days after the completion of each quarter of the Calendar Year, Contractor shall submit a Quarterly Report. The report shall provide a quarterly summary of the monthly reports in addition to the following at a minimum: Report of any Characterization Studies completed during the reporting quarter as described in Attachment N. 2. Copies of promotional and public education materials sent during the quarter. 3. A narrative description of problems encountered and actions taken, including efforts to deter and prevent Scavenging and Contamination of Recyclable Materials, Yard Trimmings/Wood, Food Scraps, and Construction and Demolition Debris. The narrative is to include a description of Tons rejected for sale after processing (type of material, tonnage), reason for rejection, and Contractor's Disposal method for the rejected materials. 4. Recycling sales revenue by type of material marketed on a gross and net basis. 5. Tons into each composting facility, Tons of final product sold and end-users/markets for finished compost. 6. Tons into Anaerobic Digestion facility used and Tons of Anaerobic Digestate produced; tons of Digestate composted and specific Tons delivered to which Composting Facility(ies) and end -uses and end-users of all Compost produced; disposition of Digestate at third party Composting Facility(ies) and end -uses and end-users of all Compost Produced; if approved by the City, the disposition of Digestate as land application, including Tons, locations, dates of delivery, depth of applications, and lab results for metals, pathogens, and all other required parameters per Title 14 CCR Section 17852(a)(24.5)(A) et seq. and per CDFA and USDA laws and regulations; and Attachment K Page 4 of 6 any other handling practices and/or destinations (e.g. small parcel land application, other, etc.) including tons where digestate was delivered. 7. A list and narrative description of monthly trainings held on prevention of spills of fluids from Collection vehicles, including employee group(s) trained, the trainer that presented each training and the topics covered. Annual Reports On or before March 15, 2020, and on or before the same date in all subsequent years of the Term, Contractor shall submit to the City a written year-end Annual Report, in a form approved by the City. The annual report shall include information as to timely compliance with Contractor's Diversion obligations and MSW Collection and the following information for the Calendar Year then ending: 1. Annual Diversion Rate Achieved as identified in Article 6 of the Contract. 2. Annual AB 341, AB 1826, SB 1383 compliance status report, with a detailed work plan to meet minimum performance standards and earning of extension(s) set forth in Article 6 of the Agreement. 3. A report of the previous Calendar Year's activities in the City, including a cumulative summary of the Monthly and Quarterly Reports, and information and statistics with respect to City's compliance with the Act. 4. A complete inventory of equipment used to provide all services (including vehicles and Containers by size and material or waste stream type). 5. Number of routes, type of route, and route hours per day. 6. Number of accounts and Cart and Bin information as requested in the Monthly reports. 7. Changes in Solid Waste management and Recycling/Diversion efforts, including projections and proposed implementation dates and costs, recommended by Contractor and recommended amendments to the City's Source Reduction and Recycling Element based on developments in technology or additional Diversion opportunities identified by Contractor. Contractor's recommendations with respect to compliance with the Act and other Diversion requirements shall state the specific requirement that the implementation of the recommendation(s) is intended to satisfy. 8. Number of sharps containers distributed, collected and number of pre -paid mailer sharps kits distributed to residents during the prior calendar year. Samples and copies of public education materials and web site information on proper sharps disposal distributed during the prior year. 9. Total number of Customers that used special collection programs, including number of Residential, Commercial, Multi -family, and City Customers that requested Bulky item collection, a -waste collection, u -waste collection, Freon collection, and sharps collection/mail-back programs. Attachment K Page 5 of 6 Exhibit K.1. Example of Red/Green Tracking Spreadsheet Account Listing commEmuUAvtmmR Attachment K Page 6 of 6 ATTACHMENT L Performance Bond KNOW ALL PERSONS BY THESE PRESENTS, that hereinafter called the PRINCIPAL, and a corporation duly organized under the laws of the State of having its principal place of business at , in the State of , and authorized to do business as an admitted surety insurer in the State of California, hereinafter called the SURETY, are held and firmly bound to the City of TUSTIN, a municipal corporation in the State of California, hereinafter called the OBLIGEE, in the sum of Dollars ($ ) lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the PRINCIPAL has entered into a Contract with the OBLIGEE for the For the Collection, Transportation Processing and Diversion of Recyclable Materials and Other Materials and For the Collection, Transportation and Disposal of Municipal Solid Waste ("Contract") and said PRINCIPAL is required under the terms of said Contract to furnish a bond of faithful performance of said Contract. NOW, THEREFORE, if the PRINCIPAL shall well and truly perform and fulfill all of the undertakings, covenants, terms and agreements of said Contract, and any modification thereto made as therein provided, at the time and in the manner therein specified, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue. The SURETY, for value received, hereby agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed there under, or the specifications incorporated therein shall impair or affect its obligations and its bond, and it hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or the work or the specifications. PROVIDED, however, that the SURETY shall not be liable (1) as respects to any obligations related to said Contract occurring after two (2) years from August _, 2018, unless this Bond is extended, (2) as respects to PRINCIPAL'S obligation to procure a replacement performance bond, as provided for in Section 11.03 of the Contract. This Bond may be extended after August _, 2020 in the sole discretion of the SURETY by means of a continuation certificate signed at least ninety (90) days prior to August _, 2020 and thereafter at least ninety (90) days prior to the expiration of the Bond as extended. In the event suit is brought upon this Bond by the OBLIGEE and said OBLIGEE is the prevailing party, the SURETY shall pay, in addition to the sums set forth above, all costs Attachment L Page 1 of 2 ATTACHMENT L Performance Bond incurred by the OBLIGEE in such suit, including reasonable attorneys' fees to be fixed by the court. IN WITNESS WHEREOF, the above bounded parties have executed this instrument this day of , 2018, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. PRINCIPAL: in SURETY: By: Attorney -I n- Fact Note: To be considered complete, both the principal and surety must sign this performance bond. In addition, the surety's signature must be notarized and a copy of the surety's power of attorney must be attached ATTACHMENT M Bond Continuation Certificate In consideration of the premium charged, hereby continues in force: Bond #: Dated: In the amount of: Tustin, for the period: Beginning: And Ending: conditions of said Bond, PROVIDED that the liability of: (NAME OF SURETY) on behalf of the City of subject to all terms and shall not exceed in the aggregate the amount above written, whether the loss shall have occurred during the term of said bond or during any continuation or continuations thereof, or partly during said term and partly during any continuation or continuations thereof. ATTACHMENT M Bond Continuation Certificate Signed and Sealed: (date) By: Attorney -In -Fact [ACKNOWLEDGEMENT] Attachment N Processing Facility Characterizations and Onsite Field Container Contamination Audit Protocols In order to measure attainment of performance metrics during the course of the Term, the Contractor shall conduct periodic Processing Facility characterizations and field Contamination audits to determine the levels of Contamination in the MSW, Recyclable Materials, Food Scrap, and Yard Trimmings/Wood streams. The following table provides a summary of the studies and audits required to monitor performance. The specific protocols that shall be used to conduct the studies and audits are also included in this section. Table of Contents 1. Processing Facility Characterization Protocols........................................................... 3 1 a. Characterization Protocol for Single-Stream/Single-Material Recyclables Deliveredto Clean MRF.............................................................................................. 3 1 b. Characterization Protocol for Yard Trimmings and/or Food Scraps Delivered to ProcessingFacilities....................................................................................................5 1c. Characterization Protocol for MSW Delivered to Disposal Site .............................. 7 1 d. Characterization Methodology for C&D Processing Facilities ................................ 9 2. On-site Field Container Contamination Audits.......................................................... 10 2a. Residential Curbside Field Contamination Audits ................................................ 10 2b. Commercial/Multi-family In -Field Container Contamination Audits ...................... 11 3. Third -Party Assessment of Phase 1 and Phase 2 Performance Metrics ................... 13 3.a. Assessment of Phase 1 Performance Metrics .................................................... 13 3.b. Assessment of Phase 2 Performance Metrics .................................................... 14 Attachment N Page 1 of 22 Attachment N Processing Facility Characterizations and Onsite Field Container Contamination Audit Protocols Attachment N Page 2 of 22 Required Frequency of Studies Field and Facility Performance Requirements & Audits Sector Diversion Programs by Sectors Notes Processing On-site Field Facility On-site Minimum Minimum Facility Container diversion Contamination Material Avg. Cart Characterization Contamination rate Rate density Capacity Stud Audit Utilization Residential Singleo LesOs than Stream Recycling 2x/year 2x/year 90%+ 10% non- NA NA recyclable Residential Curbside Less than Yard Trimmings 2x/year 2x/year 90%+ 10% non -yard NA NA trimmings Residential Curbside Less than 10% non -yard Additional facility and in -field Co -collected Yard 2x/year 2x/year 90%+ trimmings/food NA NA audits triggered by less than Trimmings/Organics 35% residential participation scraps Residential Less than Residential Curbside 10% non -yard Source -Separated 2x/year 2x/year 9000+ trimmings/food NA NA Organics scraps Less than In order to receive Phase 2 1- 20% year extension, contractor Residential Curbside Annually 2x/year NA recyclables NA NA must demonstrate a cross - MSW and food contamination cap of 20% scraps by April recoverable materials in the 1, 2025 residential MSW In order to receive Phase 2 1- Commercial/Multi- Less than year extension, contractor family Single -stream 2x/year On-going 90%+ 10% non- 30 lbs./CY 50% must demonstrate that no Recycling recyclable by more than 10% of the single - April 1, 2025 stream recycling stream is non-recoverable Commercial/Multi- Less than In order to receive Phase 2 1 - family Source -0 10% non -yard year extension, contractor separated Food 2x/year On-going 90%+ trimmings/food 500 lbs./CY o 50% must demonstrate that no Scraps scraps by April more than 10% of the organics 1, 2025 stream is non-recoverable Commercial Commercial/Multi- Less than In order to receive Phase 2 1- family collected 10% non -yard year extension, contractor and Multi- Trimmings and Yard Trim 2x/year On-going 90%+ trimmings/food 200 lbs./CY 50% must demonstrate that no family Food Scraps scraps by April more than 10% of the organics 1, 2025 stream is non-recoverable Less than In order to receive Phase 2 1- Commercial/Multi- 10% non -yard year extension, contractor family Yard Trimmings 2x/year On-going 90%+ trimmings/food 150 lbs./CY 50% must demonstrate that no scraps by April more than 10% of the organics 1, 2025 stream is non-recoverable Less than In order to receive Phase 2 1- 10% recyclables year extension, contractor Commercial MSW Annually On-going NA and food NA NA must demonstrate that no scraps by April more than 20% of the MSW 1, 2025 stream is recoverable C&D diversion requirement will be pegged to CALGreen C&D Construction and 2x/year 65%+ NA NA NA diversion requirement which Demolition will may updated on January 1, 2020 and tri -annually going forward Attachment N Page 2 of 22 Attachment N Processing Facility Characterizations and Onsite Field Container Contamination Audit Protocols 1. Processing Facility Characterization Protocols Note: As used herein, "stream" refers to Residential, Commercial or Multi -Family "streams". Residential includes Gated Developments, HOA's and Mobile Home Parks with individual Cart service. Multi -Family includes Gated Developments, HOA's and Mobile Home Parks with centralized Bin/Cart service. "Component" refers to the type of material: Single Stream Recyclable Materials, Yard Trimmings/Wood, Food Scraps, Co - collected Yard Trimmings/Wood and Food Scraps or Construction and Demolition Debris. 1 a. Characterization Protocol for Single-Stream/Single-Material Recyclables Delivered to Clean MRF The following protocol will be used to conduct characterizations at the Clean MRF(s) where the following material components are processed: • Residential Stream - Single -Stream Recyclable Materials component • Commercial Stream - Single -Stream Recyclable Materials component • Multi -Family Stream - Single -Stream Recyclable Materials component Timing: Characterization studies shall be conducted two (2) times each calendar year for each of the above -listed streams and components with the first two (2) characterizations taking place beginning July 2019 and mid-January 2020. The timing for when the characterization studies are conducted shall be staggered so that after 2 (2) years, one (1) characterization will have taken place during each calendar quarter. For example, for contract year 2019/2020 (4/1/2019 — 3/31/2020), the Contractor shall conduct one characterization study of each stream in April 2019 (Calendar Quarter 2) and October 2019 (Calendar Quarter 4). In Contract Year 2020/2021, the contractor shall conduct one characterization study of each stream in July 2020 (Calendar Quarter 3) and January 2021 (Calendar Quarter 1). Please see Exhibit N.1. for an example schedule of characterization studies that will be conducted over the course of the contract. Methodology: For each characterization study, loads shall be sampled only from the specified stream (sector of origin). For example, (a load sampled from the Commercial Single -Stream Recycling shall not contain any Multi -Family Single Stream Materials. Each characterization shall be done by hand (i.e. a manual sort not a mechanized sort) and total load weights shall be established for each load sampled. A five-day sampling for each component of each stream shall be conducted to account for changes in the specified stream's component over a week's time. A total of four (4) samples per load shall be manually sorted separately each day of the five (5) day characterization study. Materials shall be collected using a grid method and shall be hand collected. The grid method assigns an imaginary XY axis over the load Attachment N Page 3 of 22 Attachment N Processing Facility Characterizations and Onsite Field Container Contamination Audit Protocols after it is dumped on the tipping floor. Four random number pairings between 0-20 (for the long dimension of the load i.e. length) and 0-10 (for the shorter dimension of the load i.e. width) shall be generated to identify the location of the samples on the load. Each sample shall weigh at least 50 lbs. and shall be collected by hand in a 60- to 90 - gallon container. Next, materials shall be sorted by commodity type and the results shall be weighed. The Residue shall also be separated manually and weighed. The results of the five (5) daily samples shall then be averaged to produce a characterization that shall be used to establish the percentage Diversion and the amount of Residue for Tustin's Clean MRF routes. This characterization process shall be repeated twice annually to establish the next six -months' tonnage allocation (e.g. percent Diverted and percent that is Residue) to account for seasonal fluctuations that will be included in the tonnage reports described in Attachment K. The recyclable commodities sampled during this process shall be paper, cardboard, newsprint, mixed paper, plastics (#s 1&2), mixed plastics, non-ferrous metals, tin, aluminum, Wood, Yard Trimmings, and other Recyclable materials as directed by the City. Exhibit N.2 includes an example of the characterization data collection sheet that shall be used during the characterization. Calculating Density on Service: For purposes of determining the average densities of components Collected, and as a metric to evaluate collection efficiencies and Container capacity utilization, the Contractor shall perform the following calculation: For each stream sampled, the net tonnage of the materials Collected in the sampled trucks shall be calculated by dividing by the total tons Collected of the Recyclable Materials component by the total on -service cubic yards Collected to calculate a density for each of the streams and their components included in the audit. For example, if five (5) loads sampled weighed a total of 50 Tons and were Collected from 1,000 cubic yards on service, the average "material on service density" for this stream would be 100 lbs. per cubic yard. Cubic yards on service shall be calculated using actual route data (i.e. if one route sampled collected 100 3 -yard bins, the yards on service for that route would be 300 cubic yards). Reporting: Contractor shall submit a written report to the City semi-annually beginning October 2019. The report will summarize the results of the characterization study, including a summary of all five (5) days of characterization results; the measured weights for each commodity; the percent of each commodity found in each sample and in aggregate; a description and photographs of the types of Residue materials found during the characterization study; the average density on -service for the materials sampled (i.e. load weights divided by yards collected); and any other data requested by the City. Upon approval by the City, the results of the characterization study shall be applied to the Tons delivered to the Clean MRF and Tons of Residue delivered to the Landfill from the Clean MRF in subsequent monthly reports and shall be in effect until the results of the next characterization study are approved by the City. Attachment N Page 4 of 22 Attachment N Processing Facility Characterizations and Onsite Field Container Contamination Audit Protocols 1 b. Characterization Protocol for Yard Trimmings and/or Food Scraps Delivered to Processing Facilities The following protocol shall be used to conduct characterizations at the Processing Facilities where the following material components are processed: • Residential stream - curbside Yard Trimmings component • Residential stream - curbside co -collected Yard Trimmings and Food Scraps component (if directed by City) • Residential stream - curbside source -separated Food Scraps component (if directed by City) • Commercial stream - Co -collected Food Scraps and Yard Trimmings component (if directed by City) • Commercial stream — Source separated Food Scraps component • Commercial stream - Yard Trimmings component • Multi -Family stream - Co -collected Food Scraps and Yard Trimmings component (if directed by City) • Multi -Family stream — Source separated Food Scraps component (if directed by City) • Multi -Family stream -Yard Trimmings component If separate Processing Facilities are utilized for Food Scraps and Yard Trimmings, then separate characterization studies shall be conducted at each facility using the following protocol. Timing: Characterization studies shall be conducted two (2) times each calendar year for each of the above -listed streams and components beginning September 2019 and March 2020. The timing for when the waste characterizations are conducted shall be staggered so that after two (2) years, one (1) characterization shall have taken place during each calendar quarter. For example, for contract year 2019/2020 (4/1/2019 — 3/31/2020), the Contractor shall conduct one characterization study of each stream from each sector in September 2019 (Calendar Quarter 3) and March 2020 (Calendar Quarter 1). In Contract Year 2020/2021, the Contractor shall conduct one characterization of each stream from each sector in June 2020 (Calendar Quarter 2) and December 2020 (Calendar Quarter 4). Please see Exhibit N.1. for an example schedule of characterization studies that will be conducted over the course of the contract. Methodology: For each characterization study, loads shall be sampled only from the specified stream (sector of origin). For example, a load sampled from Commercial Food Scraps route(s) shall not contain any Multi -Family Food Scraps. Each characterization shall be done by hand (i.e. a manual sort not a mechanized sort) and total load weights shall be established for each load sampled. A five (5) day Attachment N Page 5 of 22 Attachment N Processing Facility Characterizations and Onsite Field Container Contamination Audit Protocols sampling for each component from each stream shall be conducted to account for changes in the material stream over a week's time. A total of four (4) samples per load shall be manually sorted separately for each day. Materials shall be collected using a grid method and shall be hand collected. The grid method assigns an imaginary XY axis over the load after it is dumped on the tipping floor. Four (4) random number pairings between 0-20 (for the long dimension of the load i.e. length) and 0-10 (for the shorter dimension of the load i.e. width) shall be generated to identify the location of the samples on the load. Each sample shall weigh at least 50 lbs. and shall be collected by hand in a 60- to 90 -gallon container. Next, materials shall be sorted into two categories by recoverability (below) and shall be weighed: Processing Facility Category 1 — Materials Accepted at the Processing Facility: Materials acceptable by the Processing Facility Processing Facility Category 2 - Contamination: Materials that are considered Contamination and that are not accepted by the Processing Facility The Category 2 non -accepted materials shall also be separated manually and weighed. Each non-recoverable material type shall be carefully photo -documented and included in the Contractor's report to the City. These daily samples shall then be averaged to produce a characterization that shall be used to establish the percentage Diversion and the percentage of Residue for Tustin's Food Scrap and Yard Trimmings routes. This characterization process shall be repeated twice annually to establish the next 6 - month's allocation to capture seasonal fluctuations. In the event of a significant rain event, characterizations of Yard Trimmings shall be delayed until dry conditions have returned for a one (1) week period. Category 1 acceptable materials are dependent on the stream sampled but may include: Food Scraps, Food Soiled Paper, Yard Trimmings, prunings, etc. Category 2 non -acceptable materials types depend on the stream sampled and which Diversion programs are being provided by the Contractor, but may include: MSW, Recyclable Materials, glass, plastics, etc. Exhibit N-3 includes an example of the characterization data collection sheet that shall be used during these characterization studies. Calculating Density on Service: For purposes of determining the average densities of components Collected, and as a metric to evaluate collection efficiencies and Container capacity utilization, the Contractor shall perform the following calculation: For each stream sampled, the net tonnage of the materials Collected in the sampled trucks shall be calculated by dividing by the total tons Collected of the Food Scraps component by the total on -service cubic yards Collected to calculate a density for each of the streams and their components included in the audit. For example, if five (5) loads sampled weighed a total of 50 Tons and were Collected from 1,000 cubic yards on service, the average "material on service Attachment N Page 6 of 22 Attachment N Processing Facility Characterizations and Onsite Field Container Contamination Audit Protocols density" for this stream would be 100 lbs. per cubic yard. Cubic yards on service shall be calculated using actual route data (i.e. if one route sampled collected 100 3 -yard bins, the yards on service for that route would be 300 cubic yards). Reporting: Contractor shall submit a written report to the City semi-annually beginning October 2019. The report will summarize the results of the characterization study, including a summary of all five (5) days of characterization results; the measured weights for each commodity or category; the percent of each commodity/category found in each sample and in aggregate; a description and photographs of the types of Residue materials found during the characterization study; the average density on - service for the materials sampled (i.e. load weights divided by yards serviced); and any other data requested by the City. Upon approval by the City, the results of the characterization study shall be applied to the Tons delivered to the Food Scrap and Yard Trimmings Processing Facility(ies) and Tons of Residue delivered to the Landfill from Food Scraps and Yard Trimmings Processing Facilitiy(ies) in subsequent monthly reports and shall be in effect until the results of the next characterization study are approved by the City. 1 c. Characterization Protocol for MSW Delivered to Disposal Site The following protocol will be used to conduct waste characterization studies at the City - designated Disposal Site for the MSW component of the following streams: • Residential stream - Curbside MSW component • Commercial stream — MSW component • Multi -Family stream — MSW component Timing: Waste characterizations shall be conducted one (1) time each calendar year for each of the above -listed MSW streams with the first waste characterizations taking place beginning June 2019. The timing for when the waste characterizations are conducted shall be staggered so that after four (4) years, one (1) waste characterization will have taken place during each calendar quarter. Please see Exhibit N-1 for an example schedule of characterization studies that will be conducted over the course of the contract. Sample Selection Methodology — Residential Curbside MSW: During the first six months of the Term of the Agreement, Contractor shall work with the City to identify five (5) geographic areas within the City where Residential routes are similar in terms of levels of Contamination found in Residential MSW. Contractor shall sample a total of 400 individual Residential Containers allocating 80 samples within each of the five (5) identified geographic areas. Contractor shall collect only full Residential Containers using a box truck or flat-bed vehicle during the service day for that geographic area. Contractor shall immediately replace each full Residential Container that is Collected, with a clean Container of the identical size, type and color. Contractor shall notify Residents in each geographic area of the dates for the waste characterization study via postcard, door knob hanger, tags on MSW Carts, or other means such that Residents Attachment N Page 7 of 22 Attachment N Processing Facility Characterizations and Onsite Field Container Contamination Audit Protocols are informed that their Cart will be taken by Contractor and replaced with an identical Cart on the day(s) the waste characterization study is conducted. The notice(s) shall include a telephone number, a web site address, and at least one (1) social media method for Residents to obtain additional information, ask questions and receive answers from Contractor prior to each waste characterization. Sample Selection Methodology — Commercial and Multi -family MSW: For each characterization, loads shall be sampled only from the specified stream (sector of origin). For example, a load sampled from Commercial MSW route(s) shall not contain any Multi -family MSW. Methodology: Each waste characterization shall be done by hand (i.e. a manual sort not a mechanized sort) and total load weights shall be established for each load sampled. The sampling period shall be five (5) consecutive days for MSW from each stream for account for changes in the stream's MSW over a week's time (e.g. one load of MSW from each targeted stream, sampled each day for five days). A total of (four) 4 samples per load shall be manually sorted separately each day. Materials shall be collected using a grid method and shall be hand collected. The grid method assigns an imaginary XY axis over the load after it is dumped on the tipping floor. Four (4) random number pairings between 0-20 (for the long dimension of the load i.e. length) and 0-10 (for the shorter dimension of the load i.e. width) shall be generated to identify the location of the samples on the load. Each sample shall weigh at least 50 lbs. and shall be collected by hand in a 60- to 90 -gallon container. Next, materials shall be sorted into the following four (4) categories by recoverability and weighed: Category 1: Food Scrap or Yard Trimming materials accepted in Contractor - provided Diversion programs Category 2: Recyclable Materials accepted in Contractor -provided Recycling program Category 3: MSW materials that are not accepted in any Contractor -provided Diversion program Category 4: HHW, E -waste, U -waste materials that should not be thrown into the trash These daily samples shall then be averaged to produce a characterization that shall be used to establish the percentage of Contamination for Tustin's MSW routes. This characterization process shall be repeated once annually to assess progress towards attainment of meeting performance metrics including Contamination caps. Calculating Density on Service: For purposes of determining the average densities of components Collected, and as a metric to evaluate collection efficiencies and Container capacity utilization, the Contractor shall perform the following calculation: For each stream sampled, the net tonnage of the materials Collected in the sampled trucks shall be calculated by dividing by the total tons Collected of the Attachment N Page 8 of 22 Attachment N Processing Facility Characterizations and Onsite Field Container Contamination Audit Protocols MSW component by the total on -service cubic yards Collected to calculate a density for each of the streams and their components included in the audit. For example, if five (5) loads sampled weighed a total of 50 Tons and were Collected from 1,000 cubic yards on service, the average "material on service density" for this stream would be 100 lbs. per cubic yard. Cubic yards on service shall be calculated using actual route data (i.e. if one route sampled collected 100 3 -yard bins, the yards on service for that route would be 300 cubic yards). Exhibit N-4 includes an example of the waste characterization data collection sheet that shall be used during these waste characterization studies. Reporting: Contractor shall submit a written report to the City annually beginning October 2019. The report will summarize the results of the characterization study, including a summary of all five (5) days of characterization results; the measured weights for each commodity or category; the percent of each commodity/category found in each sample and in aggregate; a description and photographs of the types of Residue materials found during the characterization study; the average on -service density for the materials sampled (i.e. load weights divided by yards serviced); and any other data requested by the City. 1 d. Characterization Methodology for C&D Processing Facilities Twice annually beginning July 2019 and January 2020, Contractor shall report facility - wide Diversion rates for all C&D Processing Facilities used by the Contractor. The Contractor shall provide facility -wide Diversion rate data and a written explanation, including calculations, of how the Diversion rate was calculated. The City may request source documentation supporting the facility -wide Diversion rate. Upon request by the City, the Contractor shall conduct a weight -based characterization study for materials Collected by Contractor in Tustin and delivered to the Contractor's C&D Processing Facility over the course of a five (5) day period. The Contractor shall manually sort the contents of each of the C&D loads originating in the City by commodity types (including, at a minimum, Wood, concrete, asphalt, drywall/gypsum, bricks, metals, dirt, Yard Trimmings, and grubbing material) and weigh the separated commodities to calculate the Diversion rate. Reporting: Contractor shall submit a written report to the City semi-annually beginning October 2019. The report shall summarize the results of the characterization study, including a roll -up of all five (5) days of characterization results; the measured weights for each commodity or category; the percent of each commodity/category found in each sample and in aggregate; a description and photographs of the types of Residue materials found during the characterization study; the average on -service density for the materials sampled (i.e. load weights divided by yards serviced); and any other data requested by the City. Upon approval by the City, the results of the characterization study shall be applied to the Tons delivered to the C&D Processing Facility and Tons of Attachment N Page 9 of 22 Attachment N Processing Facility Characterizations and Onsite Field Container Contamination Audit Protocols Residue delivered to the Landfill in subsequent monthly reports and shall be in effect until the results of the next characterization study are approved by the City. 2. On-site Field Container Contamination Audits 2a. Residential Curbside Field Contamination Audits The following methodology shall be used to conduct on-site field Contamination audits of the following Residential curbside programs: • Single -Stream Recycling • Yard Trimmings/Wood • Source -Separated Food Scraps (if directed by City) • Co -collected Yard Trimmings and Food Scraps (if directed by City) • MSW Timing: On-site field Contamination audits shall be conducted two (2) times each calendar year for each of above -listed programs. The timing for when the field Contamination audits are conducted shall be staggered so that after two (2) years, one (1) field Contamination audit shall have taken place during each calendar quarter with the first audit occurring July 2019. For example, for contract year 2019/2020 (4/1/2019 — 3/31/2020), the Contractor shall conduct one field Contamination audit of each stream in April 2019 (Calendar Quarter 2) and October 2019 (Calendar Quarter 4). In Contract Year 2020/2021, the Contractor shall conduct one field Contamination audit of each stream in July 2020 (Calendar Quarter 3) and January 2021 (Calendar Quarter 1). Methodology: Before the on-site field Contamination audits are conducted, the Contractor shall coordinate with the City to target specific Residential neighborhoods throughout the City. Each semi-annual on-site field Contamination audit shall target a minimum of two percent (2%) of the residences served by the Contractor in the City (approximately 250 accounts per audit) and shall take place over five (5) consecutive service days with each daily audit targeting a separate Residential route (e.g. approximately 50 accounts shall be audited per service day). The audits shall be conducted on all Containers placed at curbside by the resident for Collection (e.g. MSW, Recyclable Materials, and Yard Trimmings) before the Containers are Collected, in order to observe full Containers. Contractor shall open all bags encountered during the field audits. During the audits, the Contractor shall note all the following attributes on a City -approved data collection form (see Exhibit N-3 for an example of this form): • Fullness of each of the Carts set out for Collection (percent full — by volume) • Percentage, by volume, of observed Contamination in each of the Carts set out for Collection (i.e. MSW or Food Scraps in Containers for Recyclable Materials; Recyclable Materials, Food Scraps, and/or Yard Trimmings in MSW Container; Attachment N Page 10 of 22 Attachment N Processing Facility Characterizations and Onsite Field Container Contamination Audit Protocols Recyclable Materials or MSW in Yard Trimmings Container; Recyclable Materials and MSW in a Co -collected Yard Trimmings and Food Scraps Container) • Participation of residents in co -collection program, if applicable (i.e. the presence of Food Scraps in Yard Trimmings/Food Scrap cart) • Curbside placement rates (i.e. the absence of a Recyclable Materials or Yard Trimmings Container when an MSW Container is present at the curb) • The presence of bagged materials in Recyclable Materials, Food Scrap and Yard Trimmings Containers • Total weight of each Cart for at least 20% of those sampled (weigh using portable scale) If there is observed Contamination in excess of ten percent (10%) in any Cart, the Contractor shall place a hang -tag on the Cart notifying the Customer of the Contamination incident and how to correct it. The City shall approve of the hang -tag before it is placed into use. The Contamination items and quantities shall be noted and photographed. The photo number and Contamination item(s) shall be noted in the field data collection sheet. Reporting: Contractor shall submit a written report to the City semi-annually beginning in October 2019. The report will summarize the results of the monitoring program, the number of households monitored, the number of non -participants, Contamination incidents for each six-month period, the average fullness levels of each Residential component, the average weights of each component, the average observed Contamination levels for each component, specific Contaminants found in each component, photos supporting the findings, and an action plan to reduce Contamination if observed levels exceed ten percent (10%). 2b. Commercial/Multi-family In -Field Container Contamination Audits The following methodology shall be used to conduct on-site field Contamination audits of the following Commercial and Multi -Family programs: • Single -Stream and Single -Material Recyclables • Source separated Food Scraps • Yard Trimmings • Co -collected Yard Trimmings and Food Scraps (if directed by City) • MSW Purpose: To quantify the volume of Divertable materials (i.e. Recyclable Materials, Yard Trimmings and Food Scraps) in Commercial MSW Containers in order to measure the efficacy of Source -Separated Recycling and Food Scrap Collection programs; and the data gathered from the on-site field Container Contamination audits will help the City to determine the following: Attachment N Page 11 of 22 Attachment N Processing Facility Characterizations and Onsite Field Container Contamination Audit Protocols 1) If there are Divertable materials still being deposited in the MSW Bins/Carts after a Single Stream and/or Single Material Recycling program and a Food Scrap Collection program have been implemented. 2) The levels of Contamination in Single -Stream Recycling and Food Scrap Collection Bins as well as in MSW Bins/Carts. 3) The types, weights, volumes, and densities of materials being placed into the MSW Bin/Cart after a Single Stream and/or Single Material Recycling program and a Food Scrap Collection program have been implemented. 4) Identify specific Customers where additional outreach, education and training is needed. Timing: On-site field Contamination audits shall be conducted on an on-going basis and incorporated into the Recycling Coordinators' daily site work so that annually all Commercial and Multi -Family Customers in the City will receive at least two (2) field Contamination audits of all of the above -listed components. Audits shall commence in May 2019 and continue throughout the Term. Methodology: Using a field data sheet collaboratively developed and approved of by the City, Contractor shall note the following attributes for all Bins and/or Carts present at each Customer: • Capacity utilization (i.e. Bin/Cart percent full by volume) • Percentage, by volume, of Recyclable Materials and Food Scraps found in each Bin/Cart • Percentage, by volume, of MSW found in the Single Stream Recyclables and/or Food Scrap and/or Yard Trimmings Bin/Cart(s) • Percentage, by volume, of Divertable Food Scraps and of Recyclable Materials found in the MSW Bin/Cart (percentage of each material) • Percent fullness of each Bin/Cart associated with the account • Serial numbers or bar code numbers on the Bins/Carts • Weight of a minimum of ten percent (10%) of the Food Scrap Carts audited • Date of site visit • Photo number(s) • Discrepancies between field inventories and account service database (i.e. what equipment the Customer has compared to what that Customer is being billed for) • Any other notable observations. The on-site field Contamination audits shall be conducted as close as possible to the regular Collection day and time for the Bins/Carts in order to obtain an accurate assessment of the Bin/Cart contents at the time of routine Collection. All field observations shall be photo -documented and photo numbers tracked on the field data collection sheet. Reporting: Contamination field audit data shall be tracked in a shared document, updated daily and accessible at any time by both the City and the Contractor, via a Attachment N Page 12 of 22 Attachment N Processing Facility Characterizations and Onsite Field Container Contamination Audit Protocols cloud -based server such as Dropbox or Box.net. This field Contamination audit data shall be incorporated into the account interaction tracking document (Red Green Tracking Spreadsheet) described in Attachment K. Twice annually, in October and in April, (beginning October 2019 and April 2020) the Contractor shall submit a summary report with all year-to-date data aggregated and analyzed. Key metrics in the report shall include: • Average Bin/Cart capacity utilization by stream and component • Average Contamination percentage levels, by volume, by stream, by component and by Contamination types • Material densities by stream and by component, accounting for capacity utilization • Any disparities between field observations and service discrepancies • Photos and descriptions of common Contaminants encountered • If Contamination exceeds ten percent (10%) by component, an action plan to reduce Contamination • Actions taken to reduce Contamination during the reporting period • Other notable data 3. Third -Party Assessment of Phase 1 and Phase 2 Performance Metrics In order to determine whether Contractor has earned the Phase 1 and/or Phase 2 Extension Incentive(s) described in Article 6 of the Agreement, the City will utilize the assessments described below. A summary of the timing of Phase 1 and 2 are included below. Phase 1 timing: As described in Article 6 of the Agreement, the Phase 1 implementation period will be between April 1, 2019 and March 31, 2022. The Phase 1 evaluation period will be between April 1 and June 30, 2022. The Contractor will be notified of its achievement of the Phase 1 metrics and if it achieved the 1 -year extension on or before August 31, 2022. Phase 2 timing: As described in Section 6 of the Agreement, Phase 2 will encompass April 1, 2022 through December 31, 2024. The Phase 2 evaluation period will be between January 1 and March 31, 2025. The Contractor will be notified of its achievement of the Phase 2 metrics and if it achieved the 1 -year extension on or before May 1, 2025. 3.a. Assessment of Phase 1 Performance Metrics 1. AB 341 Commercial and Multi -family Single Stream & Single Material Collection Program Implementation. Attachment N Page 13 of 22 Attachment N Processing Facility Characterizations and Onsite Field Container Contamination Audit Protocols a. The City or its representative will conduct site surveys of all AB 341 accounts as determined by City in its sole discretion. The site surveys will determine whether the programs are in place, whether the Customer is fully participating in the program, whether or not the program exceeds the maximum Contamination levels described in Attachment B, Section 3.03.4, and whether the Customer is in compliance with the requirements of AB 341. In order for a Customer's program to be found to be "fully implemented", Contractor must have completed all steps for program implementation listed in Section 3.3.4 of Attachment B to the satisfaction of City. In order to earn the Phase 1 one-year extension, Contractor must have "fully implemented" an AB 341 program at all Customers required to have a program as set forth in PRC Section 42649 et seq. Customers on the list of "Non -Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance" shall not count against Contractor with regard to earning the Phase 1 Extension Incentive as described in Section 6.09 of the Agreement. 2. AB 1826 Food Sxrap Program implementation a. The City or its representative will conduct site surveys of all AB 1826 accounts, as determined by City in its sole discretion. The site surveys will determine whether the programs are in place, whether the Customer is fully participating in the program, whether or not the program exceeds the maximum Contamination levels described in Attachment B, Section 3.03.4, and whether the Customer is in compliance with the requirements of AB 1826. In order for a Customer's program to be found to be "fully implemented", Contractor must have completed all steps for program implementation listed in Section 3.3.4 of Attachment B to the satisfaction of City. In order to earn the Phase 1 one-year extension, Contractor must have "fully implemented" an AB 1826 program at all Customers required to have a program as set forth in PRC Section 42649.8 et seq. Customers on the list of "Non -Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance" shall not count against Contractor with regard to earning the Phase 1 Extension Incentive as described in Section 6.09 of the Agreement. 3.b. Assessment of Phase 2 Performance Metrics 1. SB 1383 Multi -Family Food Scrap Collection Program implementation a. PRC Section 42652 et seq. requires Collection of Food Scraps, Yard Trimmings and Wood from all Multi -Family complexes on or before January 1, 2022. For purposes of the Phase 2 one (1) year extension, Contractor will be evaluated on the Food Scrap Collection program at Multi -Family complexes and not the Yard Trimmings/Wood Collection program. [Note: Contractor's achievement of the Phase 2 metrics does not include Yard Trimmings and Wood as the handling and disposition of these materials will likely be done partially or completely by third party Attachment N Page 14 of 22 Attachment N Processing Facility Characterizations and Onsite Field Container Contamination Audit Protocols landscapers and gardeners, over whom Contractor has no control. In the event City directs implementation of a Multi -Family co -collected Food Scrap and Yard Trimmings/Wood program, Contractor shall only be evaluated on Contractor's implementation of the Multi -Family Food Scrap Collection portion of the program and not implementation of the Yard Trimmings/Wood program. However, the Contamination caps described in Section 3.03.4 of Attachment B will still apply in order for a Food Scrap Collection program or a Food Scrap and Yard Trimmings/Wood co - collection program to be considered "fully implemented" at a Multi -Family complex. The Container Contamination caps are: ten percent (10%) Contamination in Single Stream Recyclable Materials Containers, ten percent (10%) in Food Scraps Containers or co -collected Food Scraps and Yard Trimmings/Wood Containers and twenty -percent (20%) in MSW Containers.] The City or its representative will conduct site surveys of all Multi -Family Customers as determined by City in its sole discretion. The site surveys will determine whether the Food Scrap Collection program (or co -collected Food Scrap and Yard Trimmings/Wood program) is in place, whether the Customer is fully participating in the program, and whether or not the program exceeds the maximum Contamination levels described in Attachment B, Section 3.03.4. In order for a Customer's program to be found to be "fully implemented", Contractor must have completed all steps for Food Scrap program implementation listed in Section 3.3.4 of Attachment B to the satisfaction of City. In order to earn the Phase 2 one- year extension, Contractor must have "fully implemented" a Multi -Family Food Scrap Collection program (or a co -collected Food Scraps and Yard Trimmings/Wood program) at all Multi -Family complexes in City. Customers on the list of "Non -Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance" shall not count against Contractor with regard to earning the Phase 2 Extension Incentive as described in Section 6.09 of the Agreement. 2. Achievement of Contamination Caps for Residential, Commercial and Business Establishments, Multi -Family, Gated Developments, HOA's and Mobile Home Parks a. After the conclusion of the Phase 2 implementation period (December 31, 2024), using the protocols included in Subparts la, lb and 1c of this Attachment N, the Contractor will conduct special weight -based characterization studies (in addition to the regular recurring characterizations) of the following materials streams and components to determine the level of Contamination and whether Contractor has met the Contamination caps required for the Phase 2 Extension Incentive. The special characterization studies shall be conducted by Contractor during January 2025. The Phase 2 Contamination caps (maximum allowed Contamination) from Attachment B, Section 3.3.4 are included below for each stream: Attachment N Page 15 of 22 Attachment N Processing Facility Characterizations and Onsite Field Container Contamination Audit Protocols Residential Stream (Including individual Cart service at Gated Developments, HOA's and Mobile Home Parks) 1. For Curbside Single Stream Recyclable Materials component Phase 2 Contamination Maximum: 10% 2. For Curbside MSW component Phase 2 Contamination Maximum: 20% (10% Recyclable Materials and 10% Food Scraps) 3. For Curbside Food Scraps component (if directed by the City) Phase 2 Contamination Maximum: 10% 4. OR For Curbside Co -collected Yard Trimmings and Food Scraps component Phase 2 Contamination Maximum: 10% Multi -Family Stream (including Gated Developments, HOA's, and Mobile Home Parks with centralized Bin/Cart/Compactor service) 1. Single -stream and Single -Material Recyclable Materials component Phase 2 Contamination Maximum: 10% 2. MSW component Phase 2 Contamination Maximum: 20% (10% Recyclable Materials and 10% Food Scraps) 3. Food Scraps component Phase 2 Contamination Maximum: 10% 4. OR Co -collected Yard Trimmings and Food Scraps component (if directed by the City) Phase 2 Contamination Maximum: 10% iii. Commercial and Business Establishments Stream 1. Single -Stream and Single -Material Recyclable Materials component Phase 2 Contamination Maximum: 10% 2. MSW component Phase 2 Contamination Maximum: 20% (10% Recyclable Materials and 10% Food Scraps) 3. Food Scraps component Phase 2 Contamination Maximum: 10% 4. OR Co -collected Yard Trimmings and Food Scraps component (if directed by the City) Phase 2 Contamination Maximum: 10% b. The City or its representative will be present for these characterization studies to verify that the Contractor has met the Contamination cap requirements for the Phase 2 Extension Incentive. Contractor will submit the results of the January 2025 special characterizations by February 14, 2025. City will notify Contractor of its decision about which Contamination caps have been achieved and which, if any, have not been met, on or before February 21, 2025. c. If Contractor has failed to meet the any of the Contamination caps required to earn the Phase 2 Extension Incentive the following process shall be followed. There is a total of nine (9) Contamination caps as listed above. For any component where the characterization study showed that the Contamination cap was exceeded, the Contractor may, at Contractor's sole expense, conduct one (1) additional characterization study for each of Attachment N Page 16 of 22 Attachment N Processing Facility Characterizations and Onsite Field Container Contamination Audit Protocols the failed components. All subsequent characterization studies for those component(s) exceeding the Contamination cap(s) must be completed on or before March 15, 2025 and the results submitted to City on or before March 25, 2025. Example: The Contractor completed its characterization of the Multi -Family stream, Food Scrap component, on January 15, 2025 and found a thirteen percent (13%) Contamination rate. The Contractor could conduct another characterization study of the Multi -Family stream, Food Scrap component on or before March 15, 2025 and submit the results on or before March 25, 2025. 3. Continued Full Implementation of AB 341 and AB 1826 Programs a. In order to earn the Phase 2 Extension Incentive, Contractor must have continued full implementation of all AB 341 and AB 1826 programs at one - hundred percent (100%) of Customers required to participate in said programs, as described in Article 6 and in this Attachment N above under Phase 1. i. Continued Full Implementation of AB 341 Recycling Programs. The City or its representative will conduct site surveys of all Customers required to participate in an AB 341 Single Stream and/or Single Material Recycling program as determined by City in it's sole discretion. The site surveys will determine whether the programs are in place, whether the Customer is fully participating in the program, whether or not the program meets the maximum Contamination levels (caps) described in Attachment B, Section 3.3.4, and whether the Customer is in compliance with the requirements of AB 341. In order for a Customer's program to be found to be "fully implemented", Contractor must have completed all steps for program implementation listed in Section 3.3.4 of Attachment B to the satisfaction of City. In order to earn the Phase 2 Extension Incentive, Contractor must have continued "full implementation" of an AB 341 program at all Customers required to have a program as set forth in PRC Section 42649 et seq. Customers on the list of "Non -Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance" shall not count against Contractor with regard to earning the Phase 2 Extension Incentive as described in Section 6.09 of the Agreement. ii. Continued Full Implementation of AB 1826 Food Scrap Programs. The City or its representative will conduct site surveys of all Customers required to participate in an AB 1826 Food Scrap program, as determined by City in its sole discretion. The site surveys will determine whether the programs are in place, whether the Customer is fully participating in the program, whether or not the program meets the maximum Contamination levels (caps) described in Attachment B, Section 3.3.4, and whether the Customer is in compliance with the requirements of AB 1826. In order for a Customer's program to be found to be "fully implemented", Contractor must have completed all steps for Attachment N Page 17 of 22 Attachment N Processing Facility Characterizations and Onsite Field Container Contamination Audit Protocols program implementation listed in Section 3.03.4 of Attachment B to the satisfaction of City. In order to earn the Phase 2 Extension Incentive, Contractor must have continued "full implementation" of an AB 1826 program at all Customers required to have a program as set forth in PRC Section 42649.8 et seq. Customers on the list of "Non -Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance" shall not count against Contractor with regard to earning the Phase 2 Extension Incentive as described in Section 6.09 of the Agreement. Attachment N Page 18 of 22 Attachment N Processing Facility Characterizations and Onsite Field Container Contamination Audit Protocols Exhibit N-1: Sample Schedule of Characterization Studies to be Conducted During the Course of the Contract Contract Year4 YR 1 YR 2 YR 3 YR 4 YR 5 YR 6 YR 7 YR 8 YR 9 YR 10 Calendar Years - 4 19/20 20/21 21/22 22/23 23/24 24/25 25/26 26/27 27/28 28/29 Stream, Component SS/SM 7/19, 4/20, 7/21, 4/22, 7/23, 4/24, 7/25, 4/26, 7/27, 4/28, X M RECYC 1/20 10/20 1/22 10/22 1/24 10/24 1/26 10/26 1/28 10/28 9/19, 6/20, 9/21 6/22, 9/23, 6/24, 9/25, 6/26, 9/27, 6/28, Cn M YT 3/20 12/20 3/21 12/22 3/24 12/24 3/26 12/26 3/28 12/29 DZ YT/FS. 9/19 6/207 9/217 6/227 9/237 6/247 9/257 6/267 9/277 6/287 3/20 12/20 3/21 12/22 3/24 1 12/24 3/26 12/26 3/28 12/29 r MSW 6/19 9/20 12/21 2/22 6/23 9/24 12/25 2/26 6/27 9/28 SS/SM 7/197 4/207 7/217 4/227 7/237 4/247 7/257 4/267 7/277 4/287 n RECYC 1/20 10/20 1/22 10/22 1/24 10/24 1/26 10/26 1/28 10/28 09/197 9/19, 6/207 9/217 6/227 9/237 6/247 9/257 6/267 9/277 6/287 Z-13/20 12/20 3/21 12/22 3/24 12/24 3/26 12/26 3/28 12/29 MYT 9/19, 6/207 9/217 6/227 9/237 6/247 9/257 6/267 9/277 6/287 n 3/20 12/20 3/21 12/22 3/24 12/24 3/26 12/26 3/28 12/29 D FS/YT. 9/19 6/207 9/217 6/227 9/237 6/247 9/257 6/267 9/277 6/287 r 3/20 12/20 3/21 12/22 3/24 12/24 3/26 12/26 3/28 12/29 MSW 6/19 9/20 12/21 2/22 6/23 9/24 12/25 2/26 6/27 9/28 Key SS = Source -Separated Recyclable Materials SM = Single -Materials Recyclable Materials YT = Yard Trimmings YT/FS = Co -collected Yard Trimmings and Food Scraps MSW = Municipal Solid Waste *For the purposes of this table, calendar years begin April 1 and end March 31 . Symbol indicates that these programs will be characterized if directed by the City Attachment N Page 19 of 22 Attachment N Processing Facility Characterizations and Onsite Field Container Contamination Audit Protocols Exhibit N-2: Characterization Form for Single-Stream/Single-Material Being Delivered to Clean MRF City Day Date Time Route Origin Truck plumber Total Sample Weight Total. Load We ght A ID Total Welght CootairrerWeight Net Weight {A-6='Cj Percentage AiurnhluM - Tin - PET (*I)m HDPE (#2) - Mixed Mast)c (3-7)- GJass - . Newspaper u Kred Paper - Cardboard - Metal - Textiles - Film Plastic - Total RacVcgablas - - Residue Total - Uiard Plversion Percentage Notes: Attachment N Page 20 of 22 Attachment N Processing Facility Characterizations and Onsite Field Container Contamination Audit Protocols Exhibit N-3: Characterization Form for Food Scraps and Yard TrimmingsMood Being Delivered to Processing Facility City Day i Data Time fro u to � Origin Truck Number Total Sample Weight Total Load Weight A 6 C D Total Welght Container Welght Net Wialght (A -S=C) Percentage Category 1: Food Scraps Category 1: Yard Trimmings Category 1: Food Solled Paper Total Category 1 Organios Category 2: MSW Items Category 2; Recyclable Items Total Category 2 Contaminatlon Total ( Cat 1 + Cat 2 ) Load Diversion Percentage Hater. f Nata s! Attachment N Page 21 of 22 Attachment N Processing Facility Characterizations and Onsite Field Container Contamination Audit Protocols Exhibit N-4: Characterization Form for MSW City Day Date Time . Route Origin Truck Dumber Total Sample Weight Total Load WeigN A a D Total WL,, ht CoRtainer We iin ht Net Wei ht (A -B=C PCr[cnta e Category 1: Food Scraps Category t: Yard Trimmings Category t: Food Solled Paper Total Category 1 Organics Category 2. Recyclable Fibers Categary 2: Recyclable Plasties Category 2: Recyclable [ketals Categary 2: Recyclable Glass Total Category 2 kecyclables Totai Category 3 MSW Total (Cat I + Cat 2 Cat 3) _ Load Recoverability Percentage Notes= Attachment N Page 22 of 22 ATTACHMENT O Clean Materials Recovery Facility(ies) (To be inserted from Proposal Form 15) ATTACHMENT P Bioengineered Feedstock Facility (To be inserted from Proposal Form 17) ATTACHMENT Q Compost Facility(ies) (To be inserted from Proposal Form 16) ATTACHMENT R Anaerobic Digestion Facility (To be inserted from Proposal Form 18) ATTACHMENT S Construction and Demolition Debris Processing Facility(ies) (To be inserted from Proposal Form 19) F W F F Z J W - Q =W Q F Q C) X X V V C C X X X X X X X X X X X X X X X X X X X X X X X X X X x O O a x TF x x x x x x x x x x x x x x x x x x x x x x x x x vi vi x vi vi vi u vw~ m a a a m a m m > Q Y K cC Z Z V Y N w m um Y N m Y 0 M Y N w Q Q Q w = Q w Q Q w O Ow Q w Q �n m Q Q m O m m m N N O m m m N m Y Y 0 0 -I N c -I c -I N, c -I c -I M O 1 N N m m m m m H Q d Q Q Comm N � H H Zi Zi 3: O Q Q Q cC cC cC cC O O Q Q Q Z cC Z Z > K w w w 17, 17, w w w w w w Z Z m m m V V V o z Z N N N N N N N N N 0 w V V r r r r r r N N 0 N O 1 O 0 O O O O r N o O 0 m O m V Q w Z Z V V Z V z N w w > > > CC CC Y Y CC CC Y Y V VZ =_ Z Z W V W W V V 0 V H V Q>> V~ S-- u [C [C [C LL Y Y Vt Vt Vt w w w V Y~ V y Q Q Q Q «j «j Vt Vt Vt Z w V m m m ww 0 0 w 0 w F- u u u u LL LL F F F u u R X X X X X X X X X X X X X X X X X X X X X X X X X x x x x x x x x x x x x x _ = V = _ _ = V vi vi u vi vi vi vi u m a a a m a m m > Q Y K cC Z Z V V a w Z v� Z O Q Q Q mm O O a== O a Z Z O Q Q v O O N Y 2 cO W w 0 0 0 c o o -I N c -I c -I N, c -I c -I M O 1 N N m m m m m H Q d Y N � Q O a Q a a H ¢ Z > K K Q V K K d d W Q 2 2 w D O O w>>O"LGGm- V H H V= V>> w U) Q 0 U) U) M m 0 c J a) m m 0 O fn r 1_ U) U U) U) O U U O U O � U) U) U O U) U O U) U) U) U) U) U) U) U) U) U) o -0 Q Un -TQ -0 Un a) Z -T -0-0 -T -TQ -0 Un -T -0 -TQ -0 Un a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) O Z O Z :EO Z N O Z O Z O Z O Z O Z — O Z O Z O Z O Z O Z O Z O Z O Z O Z O Z O O O� O O2 a) O O O O2 O O O2 O O O O O O O O O O Z Z H Z H Z I Z Z I Z H Z Z Hl Z I Z I Z Z I Z I Z Z I Z I Z I Z a;nob a;nob rn a;nob a;nob � m v m v m a;nob v m v m v m v m v m v m v m m m m m rn r- o m m m m m o m m m m m AVIdSla o oo o o o o o o O O O O U) O O O U) O O O O O U3113HS z z z z z z z z z z z z z} Z Z z} z z z z z 06 06 06 S313VId33321 of xs of xs of of xs of of xs of xs of xs of xs of of xs of xs of xs of xs of xs of xs of xs of xs of xs of xs of xs �0 213 NMO of o U U of of of of U of o v of of of o v of of of of of U U U U U U U U U U U U U U U U U U U U U S313VId33321 H Sb211 \ ONIISIX3 =1O 'ON S3HON39 o N o 0 0 0 0 0 =10 2139wnN H w w J Q z O z O W Q' Z W J (D (D J Q' W W W J J �_ m = = m LU LU V F Un U U) U) O Z U O m of 0 Q' Q' 0 z Z Q Z Q Q >- Q U U z U Q W W O W Q Q W W Q of Q ~ � Q ~ m m m Z U m m } of LL LL of z O O m a- u U m0 w Un Un Un Un W 0 0 0 0 0 0 0 0 W 0 0 0 0 0 0 0 O Z LL LL LL O LL LL LL LL LL LL LL Z LL O LL LL LL LL LL LL LL J LU> W W J of of 0 Z O O w W Z of 0 LU Q W J J Q U W W W W m m mm U W Z Z Z Z >m >� >W co Q O O O O O O O O O O O O O O O O O O M O O O O O a M a0 M a0 M a0 M a0 M a0 M a0 M a0 M a0 M a0 M a0 M a0 M a0 M a0 M a0 M a0 M a0 M a0 a0 M a0 M a0 M a0 M a0 M a0 Q N Cl) V LO 0') O N Cl) V aO 0') 0') O Lf) 0 r— m 0 r— r— m N LO p U— (fl (fl (fl (fl (fl (fl r aO aO aO m O N N N N N M N V N Lo N Lf) N a) m m U) Q 0 U) U) M m 0 0 c J r 2) 2) E2 N O 2 o 0 o N N N N N o NU Q Q 0- Q Q Q Q- 2 N 0 2 2 2 2 20 0 0 a 0 20 M M Z 0 Z 0 Z 0 Z 0 Z o Z 0 Z 0 0 0 0 0 0 0 0 0 0 0 m o o H H H Z Z Z Z Z H H H J H Z a;nob a;nob rn a;nob CD (.0 a;nob V (.0 N v a;nob � � � � � (O m (O m (O m N � � � N � O m � m � AVIdSla oo o o o o o o o o o o o N 0 U3113HS z z z z z z z z z z z z z } of 06 of of of of of of of of of of of of of m S313VId33321 O ob O ob ob ob ob ob O O O ob O �0 213 NMO of O of O of O of O of O O of O 06 O U U S313VId33321 HSb211 \ N JNIISIX3 =1O 'ON S3HON39 0 0 =10 2139wnN H LU LU O z U) W O ~ W O Z O W O W c� Z W _ J _ J _ Q J i a- Z W c� u Q } Z } W W WW W >Q � Q W U) > 0 of of Q W of Z H W U) O m w J LL LL z LL LL LL z LL O LL LL LL LL LL LUJ O WJ_ J J J_ J J_ J J_ J J_ w w J J_ Z Z Z z Z z Q Q = J J J Q' Q' cn m m of 0 Q m m m m m m Co U- U W Q m Q o M 0 M 0 M 0 M 0 M 0 M 0 M 0 M 0 M 0 M Lo 0 M 0 M 0 M a QM 0 M r— M aO M m r— N m M m aO O m O M M Lmo M mm U— N N N N N N M M M aO aO N � N ATTACHMENT T-3 Toter Receptacles to be Deployed at Bus Stops and Bus Shelters F ef Attachment U Tustin Legacy SPA, GPA and SEIR July 5, 2017 Page 7 Table 1 Land Use Categories Designation Description Education Village Provides for a mix of public -serving, office, institutional, and/or government uses. Supporting office, research and development, and commercial uses are permitted to complement educational uses. Street Right -of -Way Accommodates local roads within the project. Does not include private drives or alleys. (ROW) The original WAS Tustin Specific Plan contained 22 Planning Areas. To better achieve the land use objectives of this amended plan, some of the Planning Areas have been combined. Overall consistency between the numbering system and location of the Planning Areas has been maintained. Table 2: Land Use Plan Statistical Summary provides the statistical summary and comparison of the original and proposed Specific Plan by Planning Area. Table 2 Land Use Plan Statistical Summary Adopted Specific Plan Proposed Amended BuifllApproved Remaining Specific Plan Difference PA Land Use Speafic Plan Acres (Proposed - max Max Non. Max Non• Non Non Residential residential Residential residential Current) Residential residential Residential residential Units Sq. Ft. Units Sq. FL 1 Education 120 2,279,050 2,254,200 (24,850) Sq Ft 210,564 2,043,636 Village 2 P Com 29 40,531 1,000 (39,531) Sq Ft 2,000 -1,000 Transitional/ 192 192 192 3 Emergency 5 No Change Sq Ft 0 0 Housing 133,294 133,294 133,294 4-5 Residential 106 925 - 895 - (30) DU 895 0 0 6 County 85 574,992 - 574,992 No Change 574,992 Regional Park 7 Commercial 21 248,292 248,292 No Change 248,292 0 Recreation/ 8 Entertainment 190 1,976,692 1,547,690 (429,002) Sq Ft 1,547,690 Core 9-12 Commerciall 117 - 1,267,324 1,588,198 320,874 Sq Ft 870,000 718,198 Business 13-14 MiUse 124 891 2,780,587 1,672 x,000 781 DU 376 1,296 606,000 Sq Ft Urban(2,174,587) 15 Mixed -Use 271 1,214 503,410 2,814 1,095,200 1,600 DU 567 2,247 1,095,200 591,790 Sq Ft Transit 16-19 Commercial 103 - 1,483,553 - 1,483,553 No Change 1,016,000 467,553 20 Residential 29 376 - 376 - No Change 376 0 21 Residential 127 793 654 (139) DU 654 0 22 Residential 73 402 402 No Change 402 0 ROW 206 1 - - 0 W TOTAL 1,606 4,601 11,267,725 6,813 9,532,419 3,270 2,480,150 3,543 7,052,269 (1,755,30 55,306) Sq Ft ATTACHMENT V This page is intentionally left blank. ATTACHMENT W Contractor's Detailed Description of Diversion of Diversion Programs (To be inserted from Proposal Form 14) ATTACHMENT X This page is intentionally left blank. ATTACHMENT Y Contractor's Complete Proposal To City ATTACHMENT Z Guaranty THIS GUARANTY (the "Guaranty") is given as of the day of 2017, by (hereafter "Guarantor"), to the CITY OF TUSTIN, a public agency (hereafter "the City"). THIS GUARANTY is made with reference to the following facts and circumstances: 0 laws of the State of is a corporation organized under the _ ("Contractor'). Guarantor is a B. The City contemplates entering into a "Contract for the Collection, Transportation, Processing and Diversion of Recyclable Materials, Food Scraps, Yard Trimmings, Wood, Construction and Demolition Debris and Other Materials and for the Collection, Transportation and Disposal of Municipal Solid Waste " ("Agreement") under which Contractor is to provide specified services to the City, its residents and businesses. A copy of this Agreement is attached hereto and incorporated herein by this reference. C. It is a requirement of the Agreement, and a condition to the City's entering into the Agreement, that Guarantor guaranty Contractor's performance of the Agreement. D. Guarantor is providing this Guaranty to induce the City to enter into the Agreement. NOW, THEREFORE, in consideration of the foregoing, Guarantor agrees as follows: 1. Guaranty of the Agreement. Guarantor hereby irrevocably and unconditionally guarantees to the City the complete and timely performance, satisfaction and observation by Contractor of each and every term and condition of the Agreement, which Contractor is required to perform, satisfy or observe. In the event that Contractor fails to perform, satisfy or observe any of the terms and conditions of the Agreement, Guarantor will promptly and fully perform, satisfy or observe them in the place of the Contractor. Guarantor hereby guarantees payment to the City of any damages, costs or expenses, which might become recoverable by the City from Contractor due to its breach of the Agreement. 2. Guarantor's Obligations Are Absolute. The obligations of the Guarantor hereunder are direct, immediate, absolute, continuing, unconditional and unlimited, and with respect to any payment obligation of Contractor under the Agreement, shall constitute a guarantee of payment and not of collection, and are not conditional upon the genuineness, validity, regularity or enforceability of the Agreement. 3. Waivers. The Guarantor shall have no right to terminate this Guaranty or to be released, relieved, exonerated or discharged from its obligations under it for any reason whatsoever, including, without limitation: (1) the insolvency, Pagel of 5 ATTACHMENT Z Guaranty bankruptcy, reorganization or cessation of existence of the Contractor; (2) any amendment, modification or waiver of any provision of the Agreement; (3) the actual or purported rejection by a trustee in bankruptcy of the Agreement, or any limitation on any claim in bankruptcy resulting from the actual or purported termination of the Agreement; (4) any waiver, extension, release or modification with respect to any of the obligations of the Agreement guaranteed hereunder or the impairment or suspension of any of the City's rights or remedies against Contractor; or (5) any merger or consolidation of the Contractor with any other corporation, or any sale, lease or transfer of any or all the assets of the Contractor. Without limiting the generality of the foregoing, Guarantor hereby waives the rights and benefits under California Civil Code Section 2819. The Guarantor hereby waives any and all benefits and defenses under California Civil Code Sections 2845, 2849 and 2850, including, without limitation, the right to require the City to (a) proceed against Contractor, (b) proceed against or exhaust any security or collateral the City may hold now or hereafter hold, or (c) pursue any other right or remedy for Guarantor's benefit, and agrees that the City may proceed against Guarantor for the obligations guaranteed herein without taking any action against Contractor or any other guarantor or pledgor and without proceeding against or exhausting any security or collateral the City may hold now or hereafter hold. Guarantor agrees that the City may unqualifiedly exercise in its sole discretion any or all rights and remedies available to it against Contractor or any other guarantor or pledgor without impairing the City's rights and remedies in enforcing this Guarantee. The Guarantor hereby waives and agrees to waive at any future time at the request of the City, to the extent now or then permitted by applicable law, any and all rights which the Guarantor may have or which at any time hereafter may be conferred upon it, by statute, regulation or otherwise, to avoid any of its obligations under, or to terminate, cancel, quit or surrender this Guaranty. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not affect the liability of the Guarantor hereunder: (a) at any time or from time to time, without notice to the Guarantor, the time for Contractor's performance of or compliance with any of its obligations under the Agreement is extended, or such performance or compliance is waived; (b) the Agreement is modified or amended in any respect; (c) any other indemnification with respect to Contractor's obligations under the Agreement or any security therefore is released or exchanged in whole or in part or otherwise dealt with; or (d) any assignment of the Agreement is effected which does not require the City's approval. The Guarantor hereby expressly waives diligence, presentment, demand for payment or performance, protest and all notices whatsoever, including, but not limited to, notices of non-payment or non-performance, notices of protest, notices of any breach or default, and notices of acceptance of this Guaranty. If all or any portion of the obligations guaranteed hereunder are paid or performed, Guarantor's obligations hereunder shall continue and remain in full force and effect in the event that all or any part of such payment or performance is avoided or recovered directly or indirectly from the City as a preference, fraudulent transfer or otherwise, Page 2 of 5 ATTACHMENT Z Guaranty irrespective of (a) any notice of revocation given by Guarantor or Contractor prior to such avoidance or recovery, and (b) payment in full of any obligations then outstanding. 4. Term. This Guaranty is not limited to any period of time, but shall continue in full force and effect until all of the terms and conditions of the Agreement have been fully performed by Contractor, and Guarantor shall remain fully responsible under this Guaranty without regard to the acceptance by the City of any performance bond or other collateral to assure the performance of Contractor's obligations under the Agreement. Guarantor shall not be released of its obligations hereunder so long as there is any claim by the City against Contractor arising out of the Agreement based on Contractor's failure to perform which has not been settled or discharged. 5. No Waivers by City. No delay on the part of the City in exercising any rights under this Guaranty or failure to exercise such rights shall operate as a waiver of such rights. No notice to or demand on Guarantor shall be a waiver of any obligation of Guarantor or right of the City to take other or further action without notice or demand. No modification or waiver by City of any of the provisions of this Guaranty shall be effective unless it is in writing and signed by the City and by Guarantor, nor shall any waiver by City be effective except in the specific instance or matter for which it is given. 6. Attorney's Fees. In addition to the amounts guaranteed under this Guaranty, Guarantor agrees to pay actual attorney's fees and all other costs and expenses incurred by the City in enforcing this Guaranty, or in any action or proceeding arising out of or relating to this Guaranty, including any action instituted to determine the respective rights and obligations of the parties hereunder. 7. Governing Law; Jurisdiction. This Guaranty is and shall be deemed to be a contract entered into in and pursuant to the laws of the State of California and shall be governed and construed in accordance with the laws of California without regard to its conflicts of laws rules for all purposes, including, but not limited to, matters of construction, validity and performance. Guarantor agrees that any action brought by the City to enforce this Guaranty may be brought in any court of the State of California and Guarantor consents to personal jurisdiction over it by such courts. Guarantor appoints the following person as its agent for service of process in California: (Name) (Address, City, State, Zip) 8. Severability. If any portion of this Guaranty is held to be invalid or unenforceable, such invalidity shall have no effect upon the remaining portions of this Guaranty, which shall be severable and continue in full force and effect. Page 3 of 5 ATTACHMENT Z Guaranty 9. Binding on Successors. This Guaranty shall inure to the benefit of the City and its successors and shall be binding upon Guarantor and its successors, including transferee(s) of substantially all of its assets. 10. Authority. Guarantor represents and warrants that it has the corporate power and authority to give this Guaranty, that its execution of this Guaranty has been authorized by all necessary action under its Articles of Incorporation and By -Laws, and that the person(s) signing this Guaranty on its behalf has the authority to do so. [For personal guaranty by owner omit this Section 10.] It. Subordination. Any claims Guarantor may have against Contractor are hereby subordinated to any and all claims of the City against Contractor until such time as the obligations of Contractor to the City are fully satisfied and discharged. 12. Notices. Notice shall be given in writing, deposited in the U.S. mail, registered or certified, first class postage prepaid, addressed as follows: To the City: City of Tustin Attention: City Manager 300 Centennial Way Tustin, California 92780 With a copy to the City Attorney at the same address. To Guarantor: Name Street Address City, State, Zip Code The parties may change the address to which notice is to be sent by giving the other party notice of the change as provided in this Section. IN WITNESS WHEREOF, Guarantor has executed this Guaranty on the day and year first above written. By: Name: Title: By: Name: Page 4 of 5 Title: ATTACHMENT Z Guaranty Page 5 of 5 ATTACHMENT AA Minimum Required Duties of Two (2) Recycling Coordinators The Recycling Coordinator positions will provide waste reduction and recycling technical assistance to businesses and multi -family properties, support waste characterization projects, and perform quantitative analyses. They will have the experience to understand that successful diversion program implementation requires diplomacy, tact, and perseverance. Primary job responsibilities for each of the Recycling Coordinator positions include: • Spend at least eighty percent (80%) of time in field work (out -of -office) providing outreach to commercial businesses, and/or performing waste or recycling audits, lid flipping and other work on-site at customer Premises or other local facilities. • Independently schedule and conduct meetings with Authorized Customer Representatives at Commercial and Business Establishments to secure participation in increased recycling efforts, including Food Scrap Diversion. • Coordinate and interface with other agencies, organizations, companies, City and City -designated consultants or other contractors regarding Food Scrap donation programs for human consumption of Food Scraps. • Train business and multifamily tenants and representatives on how to implement diversion of recyclables and Food Scraps, and provide technical assistance in developing logistics and troubleshooting. • Provide follow-up support to businesses and multi -family complexes, answer questions, and monitor and report diversion program results • Identify opportunities for businesses to reduce wastes and better manage unwanted discards. • Provide training, troubleshooting, education and answers to questions to Residential customers. • Have a thorough understanding of AB 341, AB 1826, SB 1383 and all AB 939 requirements and how each relates to implementation of diversion programs. • Assist with the writing, production, and overall execution of proposals, recycling plans for businesses and other Customers and reports. • Conduct quantitative analyses, including development and use of spreadsheets and databases. • Utilize MS Word, MS Excel, and MS PowerPoint to create and deliver professional and informative reports that satisfy Contract requirements and provide insight into implementation progress. • Participate in City meetings to develop solutions that advance the City's diversion objectives. • Perform related support duties as required and directed by City ATTACHMENT BB This page is intentionally left blank. Attachment CC List of Collection Locations for Illegally Dumped Materials 380 E. 2nd Street (In Alley) 340 E. 2nd Street (In Alley) 325 E. 2nd Street (In Alley) 415 E. 2nd Street (In Alley) 16502 Alliance Avenue (In Alley) 16506 Alliance Avenue (In Alley) 16522 Alliance Avenue (In Alley) 16566 Alliance Avenue (In Alley) 16582 Alliance Avenue (In Alley) 16606 Alliance Avenue (In Alley) 16626 Alliance Avenue (In Alley) 16646 Alliance Avenue (In Alley) 15822 Myrtle Avenue 15862 Myrtle Avenue 15881 Myrtle Avenue 15891 Myrtle Avenue 15912 Myrtle Avenue 17152 Altadena Avenue Between 15991 and 16001 Bliss Lane (In Alley) Between 17071 and 17081 Altadena Avenue (In Alley) 17131 Altadena Avenue (In Alley) 15941 Myrtle Avenue Vacant lot next to 17022 Whitby Circle 15602 Pasadena Avenue 15652 South B Street 15679 South B Street 14521 Del Amo Avenue 1182 Scherer Place 14541 Carfax Drive 14611 Carfax Drive 14621 Del Amo Avenue 17082 Kenyon Drive (In Alley) 17021 Kenyon Drive (In Alley) 17051 Kenyon Drive (In Alley) 17091 Kenyon Drive (In Alley) 17121 Kenyon Drive (In Alley) U) U) a �W�/ h N L7 a W Q Z 9� LU tea' ox En xEnZo QM W L :M) m °� Mcj LU � � ��� W Q J ° a a IL IL LL N _ S NON W�.�/ N Ldp b I U) 4w Q,I.Pd a 3 .n en �a N• fn yyy� of �f iu � � y, Cl/ ill 9lf 11f /Df ID/ Wf J al/l't ow 4" 1 CCf CCS ICf �JZ L7llli ICa i» AWV1a�:� a uallii rnrl/ alb. � Awn= r a r II K-iiT o ssnllun[m coc wr d IL y y g y■ p 4311a aft ill u77 :1 d 7i 7i 4C 0 S A A A 1�pp'{{ itt ! 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ATTACHMENT EE Minimum Required Duties of City Liaison The City Operations and Customer Liaison ("City Liaison") position will provide assistance to the City and Customers with regard to chronic complaints, persistent billing and/or payment issues and disputes, ongoing problems or issues with Diversion program implementation, outreach, contamination of materials streams that Recycling Coordinators are unable to resolve, and other troubleshooting and issues as directed by the City. The Liaison will also be responsible for completing reports to the City as required by this Agreement. The Liaison will also be in charge of the contractor's Tustin -specific social media resources and will use social media to increase participation in and awareness of diversion programs. The Liaison will have the skills, judgment, maturity and experience to understand that successful resolution of complaints, billing disputes and other problems diversion requires excellent listening skills, diplomacy, tact, and perseverance. Primary job responsibilities for the City Liaison include: • Spend at least fifty percent (50%) of time in field work (out -of -office) providing on-site inspections, discussions with Customers, photo documentation of Collection problems and subsequent resolution of problems, discussions with Contractor's operations and Collection drivers, dispatchers, and other personnel, and Authorized Customer Representatives (owners and managers) and tenants and employees at Customer locations that are experiencing difficulties with Collection, billing or other issues, Processing Facilities' managers and others as needed. • Independently schedule and conduct meetings with residential customers, multi -family complex owners/managers/management company representatives and HOA representatives, and Authorized Customer Representatives of Commercial and Business Establishments that have chronic service, billing or other complaints that have not been resolved by Contractor's customer service representatives and/or the Recycle Coordinators. • Proactively troubleshoot and provide Customer -friendly resolutions to service, billing and other chronic or persistent problems in coordination with the City staff representative (s). • Proactively and quickly respond to questions, problems and issues from the City staff representative and provide prompt feedback on resolution of issues. • Coordinate and interface with other agencies, organizations, companies, City and City -designated agents, consultants or other contractors as needed concerning Customer problems, issues or complaints. • Have a thorough understanding of AB 341, AB 1826, SB 1383 and all AB 939 requirements and how each relates to implementation of Diversion programs. Attachment EE Page 1 of 2 ATTACHMENT EE Minimum Required Duties of City Liaison • Utilize MS Word, MS Excel, and MS PowerPoint to create and deliver professional and informative reports that satisfy Contract requirements and provide accurate, detailed information and insight into implementation progress. • Participate in City meetings on an as -needed basis to develop solutions to chronic, persistent and unresolved issues and Customer complaints at the direction of City. • Direct the hauler's social media resources to raise awareness of diversion programs with the ultimate goal of increasing residential and business participation in diversion programs • Perform related support duties as required and directed by City Attachment EE Page 2 of 2 ATTACHMENT FF This page is intentionally left blank. ATTACHMENT GG Sure Close Food Scrap Container Photo of Sure Close Container Specifications of Sure Close Container Volume 1.9 gallons (7.1 liters) Weight 1.1 lbs. (0.5 kg) Width 11" Dimensions Height 9.5" Depth 8.5" Lid Hinged, stay open, odor seal, and fly and insect seal Dishwasher safe Yes ATTACHMENT HH Slim Jim Container Photo of Slim Jim Container Specifications of Slim Jim Container Width 20 Inches Depth 11 1/2 Inches Height 30 1/2 Inches Capacity 23 Gallons Color Green Lid Type No Lid Material Heavy Duty Plastic Shape Rectangle ATTACHMENT HH Slim Jim Container ATTACHMENT JJ: SELF -CERTIFICATION FORM FOR YARD TRIMMINGS RECYCLING Please return to: City of Tustin Attn: Environmental Public Works Manager 300 Centennial Way, Tustin CA 92780 Property Name: Business Address: Management Address: Contact/Title: Contact Phone: E-mail: Instructions: Please confirm that the information provided in previous years is still correct. Please use the subsequent fields to explain any changes. This will be used to report your property's compliance status to the State and thus all information must be accurate and reflective of the activities happening on-site. Please complete and return this form by January 31, 2018. All fields below are required to complete. It was previously reported by the hauler that your property's landscapers take Yard Trimmings. Please answer the following questions to help the City understand how your property disposes of Yard Trimmings. Yard Trimmings materials being recycled include (check all that apply): Wood waste Grass clippings/leaves/weeds None/Other - please explain: Our property currently recycles and/or disposes of Yard Trimmings as described: On-site processing through chipping or composting, and re -use on site Self -haul; we deliver Yard Trimmings to a compost, recycling or agricultural facility directly Our landscape maintenance contractor delivers Yard Trimmings to a compost or recycling facility Our Yard Trimmings is collected by the hauler. None/Other - please describe: Green/wood waste is collected by the following haulers/landscapers 1. Business Name City Phone # 2. Business Name City Phone # Yard Trimmings is taken to the following locations for recycling or disposal (Must include): 3. Business Name City Phone # 4. Business Name City Phone # Signature Ofpet5oti fiiiing out this fotitl Date Tustin, CA Code of Ordinances 4/8/16, 11:10 AM Attachment KK: City C&D Ordinance and CALGreen Summary PART 5 - C&D DEBRIS DIVERSION 4350 - DECLARATION OF PURPOSE The purpose of this Part is to promote the recycling of C&D debris to protect the public health, safety, and welfare and to meet the City's obligations under AB 939. (Ord. No. 1325, Sec. 1, 2-5-07) 4351 - WASTE DISPOSAL AND DIVERSION REQUIREMENTS FOR CONSTRUCTION, DEMOLITION, AND RENOVATION PROJECTS WITHIN THE CITY a. Waste disposal and diversion reporting requirement. 1. Covered projects. All construction and renovation projects subject to the requirements of the California Green Building Standards Code shall be required to meet the minimum diversion requirements of the California Green Building Standards Code for all project -related C&D debris. All project contractors shall, upon project completion, provide to the Public Works Director all project -related C&D debris collection, disposal and diversion information in the form prescribed by the Public Works Director. 2. [Exemptions.] All exemptions as provided in the California Green Building Standards Code shall be granted. b. Compliance as a condition of approval. Compliance with the provisions of this Part shall be listed as a condition of approval on all discretionary resolutions of approval for development projects, and building or demolition permits. c. Application fee. As part of any application for, and prior to the issuance of, any building or demolition permit that involves the creation of C&D debris, each applicant for covered projects shall pay to the City an application fee in the amount set forth in a Resolution of the City Council sufficient to cover the City's costs of reviewing an application and monitoring compliance with this section and/or the WRRP, or reviewing an application for exemption. d. Security deposit. In addition to the application fee, each applicant shall deposit with the City a security deposit as security for performance. The security deposit is remitted at the same time the permit application is filed. The security deposit may be in the form of cash, cashier's check, personal check, or money order. In addition, the Public Works Director may accept a certificate of deposit or letter of credit in the form approved by the City Attorney. (1) Single -Family Residential. All single-family residential projects shall submit a security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The minimum deposit amount shall by [be] five hundred dollars ($500.00) and the maximum deposit amount shall be two thousand five hundred dollars ($2,500.00). (2) Multifamily/Commercial. All multifamily and commercial projects shall submit a security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or two thousand five hundred dollars ($2,500.00), whichever is greater. In no event shall a deposit exceed twenty-five thousand dollars ($25,000.00). about:blank Page 1 of 5 Tustin, CA Code of Ordinances (Ord. No. 1325, Sec. 1, 2-5-07; Ord. No. 1442, Sec. 1, 5-20-14) 4/8/16, 11:10 AM 4352 - WASTE REDUCTION AND RECYCLING PLANS (WRRP) a. WRRP forms. All applicants shall complete and submit a WRRP on a form prescribed by the Public Works Director for this purpose, as part of the application packet for the construction, renovation, or demolition permit. b. Compliance with waste management plan. 1. Documentation. Prior to the completion of a project, the applicant shall submit to the Public Works Director documentation that the Diversion Requirement has been met. This documentation shall include all of the following: (a) Receipts from the vendor and facility which collected and received each material showing the actual weight or volume of that material. (b) A copy of the previously approved WRRP for the project adding the actual volume or weight of each material diverted and landfilled. (c) Calculations showing multiplication of the total non -source separated tonnage hauled from the project. 2. Weighing of wastes. Applicants shall make reasonable efforts to ensure that all C&D debris, diverted or landfilled, are measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris shall be weighed. Regarding C&D debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized Conversion Rates approved by the City for this purpose. 3. Determination of compliance and release of security deposit. Prior to the issuance of a certificate of occupancy or at the completion of the project, the Public Works Director shall review the information pertaining to diversion of C&D debris submitted pursuant this section and shall determine whether the applicant has complied with the diversion requirement, as follows: (a) Full compliance. If the Public Works Director determines that the applicant has fully complied with the diversion requirement applicable to the project, the Public Works Director shall cause the entire security deposit to be refunded to the applicant without interest. (b) Good faith effort to comply. If the Public Works Director determines that the diversion requirement has not been achieved, he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with this Part. In making this determination, the Public Works Director shall consider the availability of markets for the C&D debris land filled, the size of the project, and the documented efforts of the applicant to divert C&D debris. The Public Works Director may authorize a partial refund of a security deposit without interest when less than the minimum diversion requirement is met. The partial refund shall not exceed that portion of the security deposit that is in the same ratio as the demonstrated amount of diverted waste. (c) Noncompliance. If the Public Works Director determines that the applicant has not made a good faith effort to comply with the diversion requirement, then the Public Works Director shall notify the applicant in writing and all or a portion of the security deposit shall be forfeited to the City about:blank Page 2 of 5 Tustin, CA Code of Ordinances 4/8/16, 11:10 AM and shall not be refunded. Forfeited funds shall be used towards the City's recycling efforts pursuant to subsection c. below. 4. Other provisions for the refund of a security deposit. (a) The Public Works Director may authorize the refund without interest of any security deposit which was erroneously paid or collected. (b) The Public Works Director may authorize the refund without interest of any security deposit when the permit application is withdrawn or cancelled before any work has begun. (c) The Public Works Director shall not authorize the refund of any security deposit, or any portion thereof, unless the applicant files a written request for refund and provides documentation satisfactory to the Public Works Director in support of the request. c. Forfeiture and city use of security deposit. 1. If the Public Works Director determines that the applicant has not made a good faith effort to comply with this Part, or if the applicant fails to submit the documentation required by subsection e. prior to the expiration of the building or demolition permit, then the deposit is forfeited to the City. 2. Forfeited security deposits may be used by the City for solid waste and recycling related purposes, including but not limited to: (a) Plan, implement, or promote solid waste diversion programs. (b) Develop or improve the infrastructure needed to divert waste from landfilling. (c) Educate generators and handlers of solid waste in the City regarding solid waste recycling and disposal alternatives. (d) Review accuracy of Franchisee's reports, Waste Reduction and Recycling Plans and other solid waste records. (Ord. No. 1325, Sec. 1, 2-5-07) 4353 - EXEMPTION FROM THE FIFTY PERCENT DIVERSION RATE a. Application. If an applicant experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time the application is submitted. The applicant shall indicate on the application or WRRP the maximum rate of diversion believed feasible for each material and the specific circumstances that make it infeasible to comply with the diversion requirement. b. Meeting with public works director. The Public Works Director shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. Based on the information supplied by the applicant, the Public Works Director shall determine whether it is possible for the applicant to meet the diversion requirement. c. Granting of exemption. If the Public Works Director determines that it is infeasible for the applicant to meet the fifty (50) percent diversion requirement due to unique circumstances, the Public Works Director shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the permit or WRRP submitted by the applicant. The Public Works Director shall issue a permit or return a copy of the WRRP to the applicant marked "Approved for Exemption." d. about:blank Page 3 of 5 Tustin, CA Code of Ordinances 4/8/16, 11:10 AM Denial of exemption. If the Public Works Director determines that it is possible for the applicant to meet the diversion requirement, the Official shall so inform the applicant in writing. The applicant shall resubmit an application or WRRP in full compliance with the diversion requirement. If the applicant fails to resubmit the application or WRRP, or if the resubmitted application or WRRP does not comply with the diversion requirement, the Public Works Director shall deny the application or WRRP and the Building Official shall not issue a permit. (Ord. No. 1325, Sec. 1, 2-5-07) 4354 - APPEAL Upon payment of an appeal fee set forth in a resolution of the City Council, the applicant may appeal to the City Manager, a decision of the Public Works Director to deny an exemption or withhold any portion of a security deposit. Notice of appeal of the decision of the Public Works Director must be filed with the Public Works Director within ten (10) calendar days of the date of the decision being appealed. The notice of appeal shall set forth in concise language the particular decision or decisions complained of and the reasons why the person feels aggrieved. Failure to file a notice of appeal within the time prescribed herein shall constitute a waiver of any objection to the decision(s) of the Public Works Director and such decision shall be final; otherwise, the decision of the City Manager shall be final. (Ord. No. 1325, Sec. 1, 2-5-07) 4355 - CERTIFIED RECYCLING FACILITIES a. The City may, but is not required to, approve certified recycling facilities. If such facilities were approved, applicants would have the option to demonstrate that they will meet the fifty (50) percent diversion requirement in their WRRP required under this Part by taking all material generated at the construction, remodeling, or demolition site to a City Certified Recycling Facility. b. For the purposes of this Part, a certified recycling facility means. a recycling, composting, materials recovery, or re -use facility for which the Public Works Director has issued a certification pursuant to regulations promulgated by the Public Works Director. c. The Public Works Director shall approve use of the facilities only if the owner or operator of the facility has submitted or submits documentation satisfactory to the Public Works Director: 1. That the facility has obtained all applicable Federal, State, and local permits, and is in full compliance with all applicable regulations; and 2. The percentage of incoming waste from construction, demolition, and alteration activities that is diverted from landfill disposal meets a minimum percentage level determined by the City. d. The City shall make available to each applicant an approved list of certified recycling facilities, if such facilities become approved. (Ord. No. 1325, Sec. 1, 2-5-07) 4356 - C&D DEBRIS ORDINANCE ENFORCEMENT. a. Administrative enforcement. In addition to the penalties provided for in this Chapter and this Code, if violations of the provisions of this Part exist as to a covered project requiring completion of a Waste Reduction and Recycling Plan, the City may use various administrative measures to ensure compliance. Measures available include, but are not limited to: about:blank Page 4 of 5 Tustin, CA Code of Ordinances 4/8/16, 11:10 AM 1. Issuance of a building permit or a certificate of occupancy for that project may be withheld until all such violations have been corrected; 2. Issuance of a stop work notice, until all such violations have been corrected; 3. Stopping all inspections on subject project, until all such violations have been corrected; 4. Other measures recommended by the City Attorney. b. Civil action. Violation of any provision of this Part may be enforced by civil action including an action for injunctive relief. The City Council hereby finds that violation of this Section is a public nuisance. In any civil enforcement action, the City shall be entitled to recover its attorneys' fees and costs from a person who is determined by a court of competent jurisdiction by a preponderance of the evidence to have violated this Section. (Ord. No. 1325, Sec. 1, 2-5-07) about:blank Page 5 of 5 CALGreen Construction Waste Management Requirements Summary Created byCalRecycle 'Alternate waste reduction methods may apply if adequate diversion facilities do not exist (5.408.1). 'Projects with demolition -only permit (not included with a construction permit) is outside the scope of the CALGreen build inacode. Therefore, jurisdictions using CALGreen for C&D waste management should address recycling in demolition -only projects should they occur. 3 All additions conducted within a 12 -month period under single or multiple permits, resulting in an increase of 30 percent or more in floorarea, shall provide recycling areas on site. 4Applies to nonresidential additions 1,000 ftzorgreater per CALGreen Section 301.3. 6 Applies to building alterations with a permit valuation of $200,000 or above per CALGreen Section 301.3. 6 Alternate waste reduction methods may apply if adequate diversion facilities do not exist (4.408.1). ' Section 301.1.1 applies to additions or alterations of existing residential buildings where the addition or alteration increases the building's conditioned area, volume, or size. Applies only to and or within the specific area of addition or alteration. 'See Section 1102A.1 for CALGreen's definition of multifamily dwellings. Last Updated: September7, 2016 REQUI REM ENTS AND APPLICATIONS Occupancy 2013 CALGreen (Effective 1/1/2014) 2016 CALGreen (Effective 1/1/2017) Non -Residential >_ 50% C&D waste diversion (5.408.1): or <_2 Ibs/ft2 >_ 65% C&D waste diversion (5.408.1) or <_2 Ibs/ft2 Compliance Methods disposal (5.408.1.3) and may be required to submit a disposal (5.408.1.3) and may be required to submit a (5.408) construction waste management plan (5.408.1.1)or construction waste management plan (5.408.1.1)or utilize a waste management company. (5.408.1.2) utilize a waste management company. (5.408.1.2) New Construction & Demolition' Permitted structures Permitted structures Recycling by Occupants: Provide readily accessible areas that serve the entire building and are identified for the depositing, storage and collection of non- Recycling by Occupants: Added organic waste hazardous materials for recycling, including (at (5.410.1) New Construction minimum) paper, corrugated cardboard, glass, plastics and metals. (5.410.1) Recycled Content (Voluntary): Use materials, Recycled Content (Voluntary): Added the use of 2 equivalent in performance to virgin materials with a (Tier 1) or 3 (Tier 2) materials out of 9 product types total (combined) recycled content value of less than on a list (insulation -fiberglass &cellulose, exterior 10% (Tier 1) or 15% (Tier 2) of the total material cost paint, carpet, compost, mulch, acoustical ceiling of the project. (A5.405.4) panels, drywall & aggregate base). (A5.405.4) 1,000 ft2 (301.3) Permitted structures Recycling by Occupants (applies to certain additions)': Provide readily accessible areas that serve the entire building and are identified for the depositing, storage Recycling by Occupants: Added organic waste and collection of non -hazardous materials for Additions recycling, including (at minimum) paper, corrugated cardboard, glass, plastics and metals. (5.410.1) Universal Waste (applies to certain projects)4: Require verification that Universal Waste is managed correctly. List of prohibited Universal Waste shall be included in construction documents. (5.408.2) $200,000 (301.3) Permitted structures Universal Waste (applies to certain projects)6: Alterations Require verification that Universal Waste is managed correctly. List of prohibited Universal Waste shall be included in construction documents. (5.408.2) Residential >_ 50% C&D waste diversion (4.408.1) and may be >_ 65% C&D waste diversion (4.408.1)6 and may be Compliance Methods required to submit a construction waste management required to submit a construction waste (4.408) plan (4.408.2) or utilize a waste management management plan (4.408.2) or utilize a waste company (4.408.3) management company (4.408.3) Low-rise 3 stories or less <_ 4 Ibs/ft2 disposal <_ 3.41bs/ft2 disposal (4.408.4) High-rise 4 stories or more <_ 2 Ibs/ft2 disposal <_ 2 Ibs/ft2 disposal (4.408.4.1) New Construction & Permitted structures Permitted structures Demolition Additions Certain additions (301.1.1 Certain additions (301.1.1) ) 7 Alterations Certain alterations (301.1.1) Certain alterations (301.1.1) Recycling by Occupants: Provide readily accessible areas that serve the entire building and are identified Multifamily dwellings' for the depositing, storage and collection of non - with >_ 5 units hazardous materials for recycling, including (at minimum) paper, corrugated cardboard, glass, plastics, organic waste and metals (4.410.2) 'Alternate waste reduction methods may apply if adequate diversion facilities do not exist (5.408.1). 'Projects with demolition -only permit (not included with a construction permit) is outside the scope of the CALGreen build inacode. Therefore, jurisdictions using CALGreen for C&D waste management should address recycling in demolition -only projects should they occur. 3 All additions conducted within a 12 -month period under single or multiple permits, resulting in an increase of 30 percent or more in floorarea, shall provide recycling areas on site. 4Applies to nonresidential additions 1,000 ftzorgreater per CALGreen Section 301.3. 6 Applies to building alterations with a permit valuation of $200,000 or above per CALGreen Section 301.3. 6 Alternate waste reduction methods may apply if adequate diversion facilities do not exist (4.408.1). ' Section 301.1.1 applies to additions or alterations of existing residential buildings where the addition or alteration increases the building's conditioned area, volume, or size. Applies only to and or within the specific area of addition or alteration. 'See Section 1102A.1 for CALGreen's definition of multifamily dwellings. Last Updated: September7, 2016 CALGreen Construction Waste Management Requirements Summary Created byCalRecycle 2016 CALGreen (effective 1/1/2017) Waste Diversion Requirement • Newly constructed buildingsand demolition projects and shall divertfromlandfillsatleast65%of the construction materials generated duringthe project. • All locally permitted additions and alterationsto non-residential buildings orstructures shalldivertfrom landfillsatleast65%of nonhazardous construction and demolition materials. • Additions and alterations to residential buildings that i ncrea se the structure's conditioned area, volume or sizeare also required to meet the 65% minimum diversion requirement. Methods of Compliance 1) Enforcing agencies can require contractors to develop and maintain a waste management plan and document diversion and disposal. 2) Utilizea waste management company that certifies a minimum 65% waste diversion. 3) Wastestream reduction alternative. Non-residential new construction projects with a combined disposal weightof <_ 21bs/ft2 may be deemed to meet the 65% minimum diversion requirement. Residential lowrise(3 stories or less)with a combined weight of new construction disposal :53.4 lbs/ftz maybe deemed to meet the 65% minimum diversion requirement. Residential high rise(4stories or more) with a combined weight of new construction disposal :52 Ibs/ftz maybe deemed to meet the 65% minimum diversion requirement. Recycling by Occupants (Space for Recycling) • Newly constructed non-residential buildings, certain non-residential additions and multi -family housing with >_ 5 units should provide readily accessible areas thatservethe entire building and are identified for the depositing, storage and collection of non -hazardous materials for recycling, including(atminimum) paper, corrugated cardboard, glass, plastics, organic wasteand metals. Universal Waste • Universal waste (such as batteries, e -waste, lamps, cathode raytubes/glass, aerosol cans) from non- residential addition and alteration projects shall requireverificationthatthe materials aredisposed of properly and diverted from landfills. A I i st of prohibited universal waste materials shall be i ncl uded in the construction documents. This is required for nonresidential additions of 1,000 ftz or greater and/or building alterations with a permit valuation of $200,000 or above (CALGreen Section301.3). Recycled Content (Voluntary unless adopted by local agency as mandatory) • Use materials, equivalent in performance to virgin materials with a total (combined) recycled content valueof less than 10% (Tier 1) or 15% (Tier 2) of the total material costof the projector use2 (Tier 1) or 3 (Tier 2) materials out of 9 product types on the I i st (i nsulation, exterior paint, carpet, compost, mulch, acoustical cei ling panels, drywal I and aggregate base). This is a voluntary measure for non-residential structures. Last Updated: September 7, 2016 7 APPENDICIES TO REQUEST FOR PROPOSALS 1. Appendix 1: Detailed monthly tonnage reports submitted by CR&R on its MSW collection and the diversion programs that were in place during 2016 2. Appendix 2: CR&R's 2016 Annual Report to the City 3. Appendix 3: CalRecycle Annual Report for 2016 that further describes all of the existing diversion programs. 4. Appendix 4: CalRecycle 2016 Disposal Reporting System (DRS) Tonnage Summary 5. Appendix 5 List of Projected New Residential Developments at the Tustin Legacy Project 6. Appendix 6 "City Landfill Contract with County of Orange" 7. Appendix 7 Listing of all AB 1826 food service establishments in the City of Tustin shown by their compliance tier. 8. Appendix 8 Text of AB 1669. Me RFP Appendix 1 2016 Tonnage Reports Submitted By CR&R CRGR CITY OF TUSTIN 2016 SOLID WASTE & RECYCLING TONS SUMMARY REPORT 2016 RESIDENTIAL 2030 ]OOOMF 3020 COMMERCIAL 2030 ]eeeA 3020 ROLL OFF u OVERALL TOTAL MONTH ®®®®®®EFRO® TOTALDISPOSED LANDFILL SERRF OVERALL DIVERSION Jan -16 2,965.94 2,900.55 52.65 51.00% Feb -16 2,913.61 2,811.15 8.67 50.971/. Mar -16 3,198.38 3,098.23 13.41 50.90% Apr -16 3,123.61 2,666.91 170.67 55.26% May -16 2,993.65 2,473.27 312.39 57.20% J-161 3,221.74 2,830.25 261.88 55.17% Ju1-16 3,039.37 2,935.65 66.03 51.40% Au -16 3,178.90 3,120.91 9.78 50.54% Sep -16 3,165.94 2,689.86 217.66 55.71% Oct -16 3,030.58 2,804.39 157.35 53.20% Nov -16 3,031.96 2,981.25 129.17 51.46% Dec -16 3,282.66 2,787 .46 246.98 55.87% TOTAL 37,146.34 34,099.88 1,646.64 53.22% 37,146.34 34,100 1,646.64 53.22% r®' I I ®���� I I• ROLL OFF u OVERALL TOTAL MONTH TOTAL RECYCLE TOTALDISPOSED LANDFILL SERRF OVERALL DIVERSION Jan -16 2,965.94 2,900.55 52.65 51.00% Feb -16 2,913.61 2,811.15 8.67 50.971/. Mar -16 3,198.38 3,098.23 13.41 50.90% Apr -16 3,123.61 2,666.91 170.67 55.26% May -16 2,993.65 2,473.27 312.39 57.20% J-161 3,221.74 2,830.25 261.88 55.17% Ju1-16 3,039.37 2,935.65 66.03 51.40% Au -16 3,178.90 3,120.91 9.78 50.54% Sep -16 3,165.94 2,689.86 217.66 55.71% Oct -16 3,030.58 2,804.39 157.35 53.20% Nov -16 3,031.96 2,981.25 129.17 51.46% Dec -16 3,282.66 2,787 .46 246.98 55.87% TOTAL 37,146.34 34,099.88 1,646.64 53.22% 37,146.34 34,100 1,646.64 53.22% TOTAL TONS COLLECTED 11 11 11 11 11 11 11 11 11 ® 111 11 732.34 1 1 269.50 TOTAL COLLECTED 5,919.14 5,733.43 6,310.02 5,961.19 5,779.31 6,313.87 6,041.05 6,309.59 6,073.46 5,992.32 6,142.38 6,317.10 72,892.86 38,054.16 132,088.89 12,749.81 72,892.86 RFP Appendix 2 CR&R's 2016 Annual Report to the City CRar-4 environmental services the face of a greener generation ii March 15, 2017 Ms. Stacey Cuevas Public Works Manager City of Tustin 300 Centennial Way Tustin CA, 92780 Re: Annual Report 2016 Dear Ms. Cuevas: As specified in the franchise agreement between the City of Tustin and CR&R Incorporated, per Attachment K, the 2016 Annual Report is submitted. The attachments included in the 2016 Annual Report submission are outlined below. List of Attachments: • Attachment 1- Summary Report 2016 Tustin • Attachment 2- Public Education and Outreach 2016 • Attachment 3- Special Events Log 2016 Please do not hesitate to contact me with any questions regarding information detailed in this report. Best /Regards, Amanda Kreuze Sustainability Coordinator CR&R Incorporated Part 1: Annual Diversion Rate Achieved For the year 2016, CR&R diverted 53.22% of the total waste stream. Detailed information regarding the total number of tons collected and diverted in each category is shown in the Summary Report included as Attachment 1 of this report. Part 2: General Information About CR&R Incorporated: CR&R Incorporated (CR&R) is a privately owned company, registered as a California corporation in October 1963. Clifford Ronnenberg, as trustee of the Ronnenberg Family Trust, owns 100% of the stock of the company. The company has been providing solid waste collection and materials recovery services in Southern California for more than 50 years and is proud to provide services in Orange, Los Angeles, San Bernardino, San Diego, Imperial, and Riverside Counties. CR&R, through its wholly owned subsidiary, CR Transfer, Inc. (CRT), owns and operates the CR Transfer Material Recovery Facility located in the City of Stanton. List of Officers / Executives / Members of Board of Directors i. Clifford Ronnenberg, Chairman, Chief Executive Officer and Founder ii. David Ronnenberg, President, Solid Waste Transfer, Recycling and Transportation iii. Joyce Amato, Chief Financial Officer iv. David Fahrion, President, Solid Waste Collection Division As the Company is a private entity, there are no public annual reports or public financial reports. Through innovation, strategic planning, industry insight, and selective acquisitions, CR&R has helped revolutionize local recycling and the focus on sustainability and green practices — long before those concepts were popularized. The core values we have founded our service on include: • World-class customer service • Fairly priced products and services • Respect for the environment in all business activities • Leadership in innovation and technology • Uncompromising commitment to safety • Ethical and professional business practices • Outstanding corporate citizenship in the cities we serve • Alignment with business partners that share our core values and principles As a reflection of these practices, we are proud to have never lost a contract throughout our 53 year history. Part 3: Previous Calendar Year Activities: During the entire year of 2016, the CR&R Sustainability Coordinator's activities focused on increasing recycling programs and decrease contamination instances throughout the City of Tustin. Outreach and adjustments were made to reduce contamination of recyclable materials, organics, and construction and demolition debris. All businesses were contacted, educational efforts were made, and warning notices issued for contaminated loads. Brochures were distributed to all commercial and residential customers. 1 Additionally, the Sustainability Coordinator provided assistance at the household hazardous waste event, compost events, and various City sponsored special events. First Quarter At the end of the first quarter, overall diversion was 50.95%. The highlights of the first quarter's public education and outreach can be found in Attachment 2. Second Quarter At the end of the second quarter, overall diversion was 55.86%. The highlights of the first quarter's public education and outreach can be found in Attachment 2. Third Quarter At the end of the third quarter, overall diversion was 52.53%. The highlights of the first quarter's public education and outreach can be found in Attachment 2. Fourth Quarter At the end of the fourth quarter, overall diversion was 53.22%. The highlights of the first quarter's public education and outreach can be found in Attachment 2. Part 4: Inventory of Equipment Used Table A: Inventory of residential carts by size and waste stream. Size Waste Mixed Recycle Green Waste 35 gallon 770 775 534 65 gallon 8749 9116 9018 90 gallon Total 3207 12726 3004 12895 3227 12779 Table B: Commercial carts, respectively, by size and waste stream. 2 Commercial Cart Service Size Waste Recycle Green Waste Food Waste 35 gallon 1 5 0 3 65 gallon 7 21 5 61 90 gallon 36 40 2 0 Total 44 66 1 7 1 64 2 Table C: Commercial bins, respectively, by size and waste stream. Table D: Multi -family inventory of carts by size and waste stream. T Commercial Bin Service 0 Source Separated Green WasteFood Recycle 15 1 Waste 25 Size Waste Mixed Recycle 2 yard 146 56 3 yard 540 204 18 7 0 4 yard 227 43 4 4 0 6 yard 3 0 0 0 0 3 yard compactor 7 10 0 0 0 3 yard split 10 10 0 0 0 4 yard split 28 28 0 0 37 12 0 Tota 1 961 341 25 Table D: Multi -family inventory of carts by size and waste stream. T Multi -Family Cart Service Truck # Size Waste Mixed Recycle Green Waste 35 gallon 0 1 0 65 gallon I 4 7 8 90 gallon 0 17 0 Total 4 25 8 Table E: Multi -family inventory of bins by size and waste stream. Table F: Tustin specific truck inventory. Truck# Multi -Family Bin Service Truck # Size Waste Mixed Recycle Green Waste 2 yard 105 77 1 3 yard 527 195 8 4 yard 184 36 1 3 yard split 3 3 0 4 yard split 20 20 0 Total 839 331 10 Table F: Tustin specific truck inventory. Truck# Type Service Truck # Type rvic Service 53351 Front Loader Commercial 57329 Side Loader Residential 53348 Front Loader Commercial 57296 Side Loader Residential 53249 Front Loader Commercial 57322 Side Loader Residential 53259 Front Loader Commercial 52355 Side Loader Residential 53315 Front Loader Commercial 57307 Side Loader Residential 53349 Front Loader Commercial 57354 Side Loader Residential 53350 Front Loader Commercial 55180 Rear Load Rail Roll -off 53248 Front Loader Commercial 55181 Rear Load Rail Roll -off 53241 Front Loader Commercial 6623 Specialty CUB 53285 Front Loader Commercial 6638 Flat Bed CM 6628 Box Van BM/UW/WG 3 Part 5: Number of Routes, Types of Routes, and Route Hours Tables G -O below outline the types of routes, number of routes, and route hours per day. Table G Wommercial Bin A -Route Service Commercial Bin A -Route Service Day # of Routes Route Hours Monday 7 85 Tuesday 6 60.5 Wednesday 7 77 Thursday 6 66 Friday 6 67 Saturday 2 16 Table I Commercial Day Bin Recycle # of Routes Service Route Hours Monday 2 22 Tuesday 2 22 Wednesday 2 20 Thursday 2 23 Friday 2 24 Saturday 1 7.5 Table K Day # of Routes Route Hours Monday 1 6 Tuesday 1 6 Wednesday 1 6 Thursday 1 6 Friday 1 6 Table M Wr Misc. Day Services (BM, # of Routes WG, EW) Route Hours Monday 3 32 Tuesday 3 27 Wednesday 3 32 Thursday 3 33 Friday 1 3 1 32 Table O 'W Commercial Green Waste Day I # of Routes Route Hours Thursday I 1 1 7 Arl Table H r Commercial Day Bin B -Route # of Routes Service Route Hours Monday 1 12 Tuesday 2 16 Wednesday 2 22 Thursday 1 11 Friday 2 23 Saturday 2 14.5 Table J Commercial Day ..d WasLte # of Routes Route Hours Monday 1 1 Tuesday 1 5 Wednesday 1 1 Thursday 1 4 Friday 1 0.5 Saturday 1 5 Table L Day Residential # of Routes Route Hours Monday 6 60 Tuesday 6 60 Wednesday 6 65 Thursday 6 60 Friday 6 60 Table N Day # of Routes Route Hours Monday 2 16 Tuesday 2 14 Wednesday 2 16 Thursday 2 17.5 Friday 2 20 Saturday 1 10 Part 6: Account, Cart, and Bin Information The number of accounts information and the cart and bin information, as requested in the monthly reports, are listed in the tables below. Table P: Route Comparison Table Q: Bin Counts Route Accounts Bins Yards/ Week Percentage (yards/wk) A Route 816 1,507 12,524 63.32% B Route 134 291 2,909 14.71% GW 19 24 158 0.80% Recycle 401712 926 4,189 21.18% Total 1,370 2,534 19,780 100.00% Table Q: Bin Counts Table R: Cart Counts Jan Feb Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Commercial Trash Bins 946 941 934 930 930 927 925 926 923 922 924 915 Commercial Recycle Bins 348 345 345 343 341 345 348 350 350 350 350 344 Commercial Green Waste Bins 14 14 14 14 14 14 14 14 14 14 14 14 Commercial Split Bins 28 30 30 31 32 32 35 35 35 36 36 37 Multifamily Trash Bins 814 814 814 815 814 815 815 815 817 816 816 818 Multifamily Recycle Bins 295 297 297 296 297 297 297 300 303 304 304 307 Multifamily Green Waste Bins 10 10 10 11 11 11 10 10 10 10 10 10 Multifamily Split Bins 20 20 20 20 21 21 23 24 21 23 24 21 Table R: Cart Counts 5 Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Commercial Trash carts 49 44 44 46 46 48 48 48 48 47 46 44 Commercial Recycle carts 64 60 59 64 63 66 66 66 67 66 65 67 Commercial Green Waste carts 7 7 7 7 7 7 8 8 7 7 7 7 Commercial Food Waste carts 26 28 28 28 28 29 34 35 34 34 34 55 Multifamily Trash carts 4 4 4 4 4 4 4 4 4 4 4 4 Multifamily Recycle carts 20 20 20 20 20 20 23 20 22 22 22 25 Multifamily Green Waste carts 4 4 4 7 7 7 7 7 8 8 9 8 5 Part 7: Recommended Cha Commercial & Multifamily Recycling Throughout the Tustin contract, educational outreach and public education have been carried out steadfastly by the Sustainability Coordinator. All commercial and multi -family properties have been contacted through proposals sent via e-mail, post, or in-person. It is worth noting that there exist accounts that refused a recycling bin(s), reasoning they had an internal recycling program in place, did not generate enough recyclables, or simply had space constraints. However, in compliance with the contract, I plan on continuing to offer these non-compliant AB 341 accounts recycling opportunities. In addition, I also plan to continue to work with commercial properties to implement food waste programs and with multi -family properties to implement green waste programs in order to ensure compliance with AB 1826 and to divert these organic materials from the waste stream, which will in turn increase overall diversion for the City. M9 RFP Appendix 3 City's 2016 Electronic Annual Report to CalRecycle Annual Report Summary: Tustin ( 2016) This Annual Report Summary is an official record of your CalRecycle Electronic Annual Report submission, except for your Venue/Event section information, which is contained in a separate report. You may reach that section from the Electronic Annual Report's left navigation bar. Before submitting your report to CalRecycle, please take the time to review everything on this page to confirm it is complete and correct. If you need to modify some information, close this window to return to the Electronic Annual Report to make your corrections. Then, preview the report again. Summary Generated On: Monday, January 15, 2018, 2:54:22 PM Summary Jurisdiction: Tustin Report Year Filed: 2016 Report Status: Supervisor Reviewed Submitted Information Date Report Submitted: Monday, October 9, 2017 Report Submitted By: Trevor Blythe (trevor@economicsinc.net) Jurisdiction Contact Jurisdiction Contact: Alex Waite Address: 300 Centennial Way, Tustin, CA 92780 Phone Number: (714) 573-3305 Fax Number: Email Address: Awaite@tustinca.org Update Contact Info: http://www.calrecycle.ca.gov/LGCentral/Contacts/ContactChg.htm Disposal Rate Calculation Definition of Terms Reporting -Year Disposal Amount (tons) — defaults to the total tonnage disposed in the Reporting -Year by a jurisdiction as reported to the Disposal Reporting System (DRS). Disposal contains all jurisdiction waste that was disposed in CA landfills, transformation facilities, and exported out-of-state. Any changes will require you submit a Reporting Year Disposal Modification Certification Sheet (PDF). See User's Guide or contact LAMD representative if uncertain. Disposal Reduction Credits - the EAR calculator will subtract these credits from your requested total in the Reporting - Year Disposal Amount field. Requesting credits will require you submit a Reporting Year Disposal Modification Certification Sheet (PDF). Descriptions of these credits can be found on that sheet. See EAR User's Guide or contact LAMD representative if uncertain. Reporting -Year Transformation Waste (tons) — defaults to the total tonnage of waste sent in the Reporting -Year by a jurisdiction to a CalRecycle-permitted transformation facility as reported to the Disposal Reporting System (DRS). Transformation is factored into the Per Capita rate only, and is not deductible. To eliminate the Per Capita credit for transformation tonnage, change the Reporting -Year Transformation Waste (tons) number to 0.00. Reporting -Year Population — January 1 st estimate of the number of inhabitants occupying a jurisdiction in the Reporting - Year as prepared by the California Department of Finance (DOF) Reporting -Year Employment — the estimate of the annual average number of employees by jurisdiction in the Reporting - Year as prepared by the California Employment Development Department (EDD). Additional Definitions - for additional definitions and/or acronym descriptions, see the LGCentral Glossary. Page 1 of 28 Annual Report Summary: Tustin ( 2016) Green Material ADC (tons): 9,596.63 Reporting -Year Disposal Amount (tons): 45,826.49 Disposal Reduction Credits (Reported): Quarter Disaster Waste (tons): 0.00 Medical Waste (tons): 0.00 Regional Diversion Facility Residual Waste (tons): 0.00 C & D Waste (tons): 0.00 Class II Waste (tons): 0.00 Out of State Export (Diverted) (tons): 0.00 Other Disposal Amount (tons): 0.00 Total Disposal Reduction Credit Amount (tons): 0.00 Total Adjusted Reporting -Year Disposal Amount (tons): 45,826.49 Reporting -Year Transformation Waste (tons): 2,022.74 Reporting Entity Quarter Destination Facility Transformation Ton Los Angeles 1 Southeast Resource Recovery Facility 74.70 Los Angeles 2 Commerce Refuse -To -Energy Facility 0.15 Los Angeles 2 Southeast Resource Recovery Facility 745.63 Los Angeles 3 Southeast Resource Recovery Facility 293.27 Los Angeles 4 Commerce Refuse -To -Energy Facility 15.24 Los Angeles 4 Southeast Resource Recovery Facility 532.82 Los Angeles 1 Covanta Stanislaus, Inc. 95.76 Los Angeles 2 Covanta Stanislaus, Inc. 94.51 Los Angeles 3 Covanta Stanislaus, Inc. 82.09 Los Angeles 4 Covanta Stanislaus, Inc. 88.57 Reporting -Year Population: Reporting -Year Employment: 82,015 43,392 Reporting -Year Calculation Results (Per Capita) Page 2 of 28 Annual Report Summary: Tustin ( 2016) Disposal Rate without Transformation (pounds/person/day): Transformation Rate (pounds/person/day): The Calculated Disposal Rate (pounds/person/day) Population Employment Target Annual Target Annual 3.1 5.8 1.2 0.1 2.1 0.3 6.1 3.0 10.3 5.5 As of January 1, 2020, the use of green material as alternative daily cover (ADC) will be considered disposal in terms of measuring a jurisdiction's annual 50 percent per capita disposal rate. Population Employment Target Annual Target Annual Calculated Disposal Rate w/out Green Material ADC: 3.0 5.5 Green Material ADC Rate: 0.6 1.2 Disposal Rate with Green Material ADC: 3.6 6.7 Calculation Factors If any boxes are checked, please complete, and sign the Reporting Year Disposal Modification Certification Sheet and mail, e-mail or FAX to CalRecycle within 7 business days of submitting your report. If you are only claiming report -year disposal deductions for waste transported to a certified Transformation facility, you do not need to fill out the certification request. Although you will be able to submit your electronic Annual Report without completing this sheet, your Annual Report will not be deemed complete until this sheet is completed and received by CalRecycle. Contact your LAMD representative for details. Alternative disposal tonnage Deductions to DRS disposal tonnage Questions and Responses Rural Petition for Reduction in Requirements Rural Petition For Reduction 1 • Question: Was your jurisdiction granted a Rural Petition for Reduction by CalRecycle? See Jurisdictions with an Approved Petition for Rural Reduction For more information regarding Rural Petition For Reduction, go to Rural Solid Waste Diversion Home Paae. Response: No. Disposal Rate Accuracy Disposal Rate Accuracy Page 3 of 28 Annual Report Summary: Tustin ( 2016) 1. Question: Are there extenuating circumstances pertaining to your jurisdiction's disposal rate that CalRecycle should consider, as authorized by the Public Resources Code Section 41821 (c)? If you wish to attach additional information to your annual report, please send those items or electronic files to your LAMD representative; include a brief description of those files below. If so, please use the space below to tell CalRecycle. Response: No. Planning Documents Assessment Source Reduction and Recycling Element (SRRE) 1. Question: Does the SRRE need to be revised? Response: 20 Household Hazardous Waste Element (HHWE) 2. Question: Does the HHWE need to be revised? Response: No. Non -Disposal Facility Element (NDFE) 3. Question: Describe below any changes in the use of nondisposal facilities, both existing and planned (e.g., is the jurisdiction using a different facility within or outside of the jurisdiction, has a facility closed, is a new one being planned). Response: (No response has been entered) Non -Disposal Facility Element (NDFE) 4. Question: Are there currently any nondisposal facilities that require a solid waste facility permit located (or planned to be sited) in your jurisdiction that are not identified in your NDFE? Response: No. Areas of Concern / Conditional Approvals Areas of concern Page 4 of 28 Annual Report Summary: Tustin ( 2016) 1 • Question: Did CalRecycle require your jurisdiction to address any areas of concern when determining the adequacy of your solid waste planning documents, or any of their elements? Response: Yes. LAMD identified the following areas of concerns/technical assistance items as a result of its 4 -year review for the years 2012-2015: 1. LAMD staff will assist the City in reviewing trends related to the City's increasing landfill disposal trend. The City's Disposal information can be viewed online at http://www.calrecycle.ca.gov/LGCentral/DRS/. 2. LAMD staff will continue to provide resources to the City to assist in the tracking of the recycled content items purchased. 3. LAMD staff will continue to monitor and provide assistance regarding the City's Mandatory Commercial Recycling (MCR) program implementation. Specifically, LAMD staff can provide online resources as well as school district and hauler contacts to ensure City is providing MCR education and outreach resources to covered schools within the jurisdiction as well as capturing information about recycling for MCR monitoring and reporting purposes. The City has taken the following actions to address these concerns: 1. The City reviews DRS disposal tonnage quarterly to identify tonnage anomalies and to track disposal trends. The City will also review out -of -county disposal tonnage to track tonnage being attributed to the City disposed of outside the County. 2. The City will continue to encourage and facilitate the purchasing of materials with post- consumer content. The City will also explore systems to track the procurement of recycled content materials. 3. The City will send direct notification to the local school district (Tustin Unified) of the requirements of AB 1826/341. Conditional approvals 2. Question: Did CalRecycle give conditional approval to any of your solid waste planning documents, or any of their elements? Response: No. Additional Information Additional Information Page 5 of 28 Annual Report Summary: Tustin ( 2016) 1. Question: Is there anything else you would like to tell CalRecycle about unique or innovative efforts by your jurisdiction to reduce waste generation and increase diversion, about your jurisdiction's public education efforts, or about specific obstacles to reaching your jurisdiction's diversion goal? If you wish to attach additional information to your annual report, please use the "Document Management" button below to upload additional files or you can send them directly to your LAMD representative. Please include a brief description of those files in the text box below. Response: No. Hauler Information Parent Company: CRandR, Inc. Hauler Name: CR and R Inc - Tustin Franchise Hauler: No Activities Curbside Recycling Hauler - Residential, Solid Waste Hauler - Commercial,Solid Waste Hauler - Residential, Notes: New Hauler: No Contract End Date: 08/30/2018 Parent Company: CRandR, Inc. Hauler Name: CRandR, Inc. Franchise Hauler: Yes Activities Curbside Organics Hauler - Commercial, Curbside Recycling Hauler - Commercial,Curbside Recycling Hauler - Residential,Solid Waste Hauler - Commercial, Solid Waste Hauler - Residential, Notes: New Hauler: Yes Contract End Date: 09/30/2018 The hauler information is correct. SRRE and HHWE Diversion Programs Detailed information for Mandatory Commercial Recycling (MCR) in code 2030 and Mandatory Commercial Organics Recycling (MORe) in code 3035 can be found at the end of this section. 1000-SR-XGC (Xeriscaping/Grasscycling) Current Status: SO - Selected and Ongoing Program Start Year: 2000 Existed before 1990: No Report Year Diversion Tons: 2523.2 Selected in SRRE: Yes Owned or Operated: No Selected Program Details: Xeriscaping I Grasscycling Page 6 of 28 Annual Report Summary: Tustin ( 2016) Page 7 of 28 Jurisdiction Notes: 2016: The Tustin Ranch Golf Course, the City of Tustin, and the Tustin Unified School District continued to use mulching mowers on a combined total of 332 acres of turf. The specific acreage for each of the three locations is: 149 irrigated acres of turf at Tustin Ranch Golf Course where mulching mowers are used; 97 acres of turf at the Tustin Unified School District; and a total of 86 acres of turf in the City of Tustin which includes 32 acres of turf serviced by the City's landscaping contractor Spectrum Care and 54 acres maintained by the City's Public Works department. As prescribed by the CalRecycle conversion standards from the publication "Conducting a Diversion Study" the conversion factor used for this Annual Report is 7.6 tons per acre per year. The Tustin Garden Club, a community organization dedicated to encouraging education regarding gardening and ecology, continued to educate residents about the benefits of using native, drought - tolerant plants in home landscaping. 1010 -SR -BCM (Backyard and On -Site Composting/Mulching) Current Status: SO - Selected and Ongoing Program Start Year: 2000 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: Yes Owned or Operated: No Jurisdiction Notes: Residents continue to participate in backyard composting programs. Compost bins are available for purchase at several local gardening and home improvement stores such as Home Depot, Armstrong Gardens, and Lowes. 1020-SR-BWR (Business Waste Reduction Program) Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: Yes Report Year Diversion Tons: 0 Selected in SRRE: Yes Owned or Operated: No Jurisdiction Notes: 2016: The Tustin Whole Foods has reached zero -waste status with over 90% recycling diversion. Tonnages for these diversion activities are reported under 2070-RC-OTH. Of the total food donated to all Orange County food banks and pantries, 393 tons came from sources in the City of Tustin. Such food donations were distributed to feed food -insecure individuals and families. Food pantries and banks in Tustin include: St. Paul's Episcopal Church (Wass St), Tustin Family Senior Center (C Street), King's Way Foursquare Church (6th St), Main Place Christian Fellowship (EI Camino Real), St Cecilia's Christian Service (Sycamore St.), Tustin Youth and Family Center (Newport), Orange County Rescue Mission (One Hope Dr), United American Charities, Hope Christian Church of Tustin, Healing Word, and Guru Nanak Food Pantry. 1030 -SR -PMT (Procurement) Current Status: SO - Selected and Ongoing Program Start Year: 1995 Existed before 1990: No Report Year Diversion Tons: Selected in SRRE: Yes 315.08 Owned or Operated: No Jurisdiction Notes: 2016: The City adopted an Environmentally Preferable Purchasing Policy in 1993 (Resolution 90-110). The policy states that the City will "purchase and use recycled products whenever possible to the extent that such use does not negatively impact health, safety, or operational efficiency." The policy also strongly discourages the procurement of non -recyclable products and requires that recycled paper be used in "as many printing purposes as possible". The ordinance also requires that individual departments "examine their purchasing specifications and, where feasible, restructure them to require the use of products which incorporate recycled materials in their manufacture". The City has embraced this policy and uses recycled paper in all printing applications. Further, source reduction practices are implemented in all of the City's Capital Improvement Projects (CIP). 8,680 tons of rubberized asphalt were used as overlay on a Capital Improvement Project (CIP) in 2016. At 3.3 tires per ton, this activity utilized approximately 28,644 tires. According to the CalRecycle C&D Regulations Kit, pick-up truck and auto tires weigh 220 lbs. per cubic yard with an average of about 10 tires per cubic yard. Using this conversion, it is assumed that an individual tire weighs about 22 lbs. Utilizing the manufacturers estimate of approximately 3.3 tires used per ton of Asphalt Rubber Hot Mix (AHRM), an estimated 315.08 tons of tires were diverted through the application of AHRM. 1050-SR-GOV (Government Source Reduction Programs) Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: Yes Page 7 of 28 Annual Report Summary: Tustin ( 2016) Page 8 of 28 Owned or Operated: No Jurisdiction Notes: 2016: A review of the CalRecycle State Agency Reporting Center (SARC) did not yield any 2016 diversion reports for state agencies operating within the city limits of Tustin. The City continued to practice source reduction in an effort to minimize waste and save on purchasing costs. To this end, emails were used whenever possible for interoffice communication. 1060-SR-MTE (Material Exchange, Thrift Shops) Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: Yes Report Year Diversion Tons: 0 Selected in SRRE: Yes Owned or Operated: No Jurisdiction Notes: 2016: There are eight thrift stores in Tustin; Mrs B's Consignments Etc, Second Time Stores, The Hanger, Red Poppy Boutique, Main Place Christian, Assistance League of Tustin Thrift Shop, and two (2) Goodwill locations. 1070-SR-OTH (Other Source Reduction) Current Status: AO - Alternative and Ongoing Program Start Year: 2005 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: No Owned or Operated: No Jurisdiction Notes: 2016: On-site source reduction at construction sites, such as reuse of crushed asphalt concrete as base material for roads and parking lots, continued in 2016 for CIP projects. 2000-RC-CRB (Residential Curbside) Current Status: AO - Alternative and Ongoing Program Start Year: 2000 Existed before 1990: No Report Year Diversion Tons: Selected in SRRE: No 3753.57 Owned or Operated: No Selected Program Details: Single-family residences I Multi -family residences I Commingled (Single -stream) I Source separated I Uncoated corrugated cardboard and paper bags I Office paper (white & colored ledger, computer paper, other office paper) I Metal I Plastic 1-2 1 Plastic 3-7 1 Newspaper I Miscellaneous paper (includes phone books, catalogs, magazines and other paper) I Glass Jurisdiction Notes: 2016: The residential curbside program diverted a total of 2,892.35 tons of materials. These materials can be broken into the following material types and tonnages: Aluminum 16.49 (0.57%), tin 51.61 (1.78%), PET 71.53 (2.47%), HDPE 65.28 (2.26%), Mixed plastic 157.32 (5.44%), glass 317.88 (10.99%), newspaper 454.67 (15.72%), mixed paper 851.25 (29.43%), cardboard 906.30 (31.33%). Multi -family single -stream communal bin recycling program tonnage diversion totals 861.22 tons. The implementation of multi -family recycling programs continued to be a priority in 2016 due to the large proportion of the City's population that resides in multi -family communities. At the close of 2016, there were 307 single - stream recycling dumpsters, 25 single -stream recycling carts, and 21 multi -family split trash and recycling bins implemented at 108 of the City's 184 multi -family complexes (roughly 58.7% of the multi -family properties had recycling). CR&R delivered 17 recycling receptacles to multi -family properties in 2016. The residential curbside and multi -family single -stream recycling programs diverted a total of 3,753.57 tons (7.8% of the recyclable material CR&R handles). This tonnage figure of 3,753.57 tons was calculated by adding the residential curbside program tons diverted (2,892.35 tons) and the multi -family single -stream recycling program tons diverted (861.22 tons). All materials reported in this program were processed at CR&R's Western Avenue Materials recovery facility. In 2016, this facility had a 80.02% diversion rate for residential curbside materials and a 79.09% diversion rate for materials that were collected through the multi -family single - stream recycling program. Residential and multi -family post -processing residue (722.36 tons for residential and 227.86 tons for multi -family) was excluded from the total curbside figure. The reported diversion figure excludes curbside greenwaste (3000-CM-RCG and 3010 -CM -RSG and 3020 -CM -COG), White Goods (4030-SP-WHG), E -Waste (9045 -HH - EWA), and Bulky Items (4030-SP-WHG), and post -sorting residue sent to SERRF for transformation (8000-TR-WTE). These exclusions are reported in separate program categories but are collected from residential curbside sources. 2010 -RC -DRP (Residential Drop -Off) Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: Yes Report Year Diversion Tons: 0 Selected in SRRE: Yes Page 8 of 28 Annual Report Summary: Tustin ( 2016) Page 9 of 28 Owned or Operated: No Jurisdiction Notes: 2016: The City continues to make recycling containers available to residents at four parks throughout the City. The contents of the receptacles are consolidated into single -stream recycling bins serviced by CR&R at the following parks: Heritage Park, Victory Park, Citrus Ranch Park, and Tustin Sports Park. Recycling service at these locations is provided at no charge from CR&R, per the franchise agreement. This program diverts an estimated 20 tons per year and is included in the tonnage reported under 2030 -RC -OSP. 2020-RC-BYB (Residential Buy -Back) Current Status: SO - Selected and Ongoing Program Start Year: 1991 Existed before 1990: Yes Report Year Diversion Tons: Selected in SRRE: Yes 367.64 Owned or Operated: No Jurisdiction Notes: 2016: According to CalRecycle, there are two CRV buyback centers within the City limits; rePLANET LLC (RC 156867.001 ) and Evolution Recycling #5 (RC173780.001). Together, these two facilities diverted 367.64 tons of the following materials: 43.47 tons of aluminum, 297.29 tons of glass, 119.65 tons of PETE, 5.10 tons of HDPE, and 0.78 tons of bimetal. Due to new reporting requirements for school recycling programs, Tustin Ranch Elementary and Peter's Canyon Elementary in Tustin were also designated as CRV Buyback centers. These two schools generated 1.14 tons of material and are also mentioned in the 5030-ED-SCH Paris Code. 2030 -RC -OSP (Commercial On -Site Pickup) Current Status: AO - Alternative and Ongoing Program Start Year: 2000 Existed before 1990: No Report Year Diversion Tons: Selected in SRRE: No 1183.96 Owned or Operated: No Selected Program Details: Large Generators (4.0 cy/week) I Multi -family residences I Commingled (Single -stream) I Source separated I Uncoated corrugated cardboard and paper bags I Office paper (white & colored ledger, computer paper, other office paper) I Metal I Plastic 1-2 1 Plastic 3-7 1 Newspaper I Miscellaneous paper (includes phone books, catalogs, magazines and other paper) I Glass I Film Plastic Jurisdiction Notes: All single -stream commercial and residential recycling was sent by CR&R to their clean MRF on Western Avenue in Stanton. All material collected from the commercial 'A' Route and the multi -family routes was taken to CR&R's dirty MRF, CRT, located on Knott Avenue in Stanton. Please see 7000 - MRF section which provides detailed explanation of CR&R's clean and dirty MRFs which process the vast majority of conventional recyclables generated in the City of Tustin. 2040-RC-SFH (Commercial Self -Haul) Current Status: SO - Selected and Ongoing Program Start Year: 1995 Existed before 1990: No Report Year Diversion Tons: 123 Selected in SRRE: Yes Owned or Operated: No Jurisdiction Notes: 2016: The County partnered with CR&R to build a C&D Materials Recovery Facility (MRF) at the Prima Desecha Landfill in November 2009. The MRF offers self -haulers a significant discount when compared to the self -haul rates at the landfill. In 2016, the MRF diverted 59,725 tons (about 4,977 tons per month) from self -haulers around the County. The County applied an allocation to the total inbound tonnage in order to distribute the MRF tonnage amongst jurisdictions whose residents used the facility. Tustin accounted for 0.22% of the inbound diverted self -haul to the MRF or 123 tons. This low self haul tonnage figure for Tustin is likely due to the fact that Tustin is closer to other County landfills than Prima Desecha, which is the extreme south of the County. In 2016, the County attributed 13,330.67 tons of self -haul disposal to the City. 2060-RC-GOV (Government Recycling Programs) Current Status: AO - Alternative and Ongoing Program Start Year: 1990 Existed before 1990: Yes Report Year Diversion Tons: 0 Selected in SRRE: Yes Owned or Operated: Yes Page 9 of 28 Annual Report Summary: Tustin ( 2016) Page 10 of 28 Jurisdiction Notes: 2016: The Civic Center and the Police department share one 3 -yard single -stream recycling container serviced 2 days per week. The Senior Center has one 2 -yard single -stream organics bin serviced 6 days per week. The Family and Youth Center has two 90 -gallon recycling cart serviced 1 day per week. The Columbus Tustin Activity Center has one 3 -yard recycling bin serviced 2 days per week. The City's Maintenance Yard has two 35 -gallon recycling carts serviced 1 day per week. The library has one 3 -yard source -separated recycling bin serviced 1 day per week. Recycling service at these locations is provided at no charge per the contract agreement with CR&R. All 6 programs combined generate about 30 cubic yards per week of recyclables and are estimated to divert about 27 tons per year. The tonnage is reported through program 2030 -RC -OSP. 2070 -RC -SNL (Special Collection Seasonal (regular)) Current Status: AO - Alternative and Ongoing Program Start Year: 1994 Existed before 1990: No Report Year Diversion Tons: Selected in SRRE: No 352.3 Owned or Operated: No Jurisdiction Notes: 2016: CR&R collected 305.14 tons of bulky items on an on-call basis from residents living in both single-family and multi- family units. 189.19 tons, or 62%, of the bulky items that were collected get recycled or reused. Residents living in single- family homes and multi -family homes with cart service are entitled to 4 free bulky item pick-ups per year. Multi -family complexes with communal bin service are allowed 2 free bulky pick-ups per unit per year. Businesses are charged $52.52 per bulky collection. There were 2,061 requests to CR&R by residents living in single-family and multi -family homes with cart service, 2,549 requests from multi -family complexes with communal bin service, 115 requests by businesses to collect bulky items. The City's Police Department and Code Enforcement division reported bulky items in the public right-of-way to CR&R, who would collect them. CR&R reported collecting 663 bulky items in the public right-of-way. CR&R also provided holiday greenery collection services to all residents. CR&R sent out postcards in December to remind residents of the particular holiday greenery collection days. Single-family residents were instructed to place their holiday greenery by the curb on a pre -designated day for pick-up. Residents living in multi -family units were provided roll -off boxes to recycle their holiday greenery. 32.67 tons of holiday greenery were collected from single-family homes on the residential route in 2016. CR&R collected 13.22 tons of holiday greenery from the 13 multifamily properties that participated in the roll -off box program. Alternately, residents were able to drop-off their holiday greenery at Columbus Park. The drop-off program at Columbus Park collected 1.27 tons. A total of 47.16 tons of holiday greenery were collected by CR&R in 2016. The 305.14 tons of bulky items collected by CR&R and the 47.16 tons of holiday greenery collected amounted to a total of 352.30 tons reported under this PARIS code. On May 4th, CR&R offered a "Clean Your Files Day" to Tustin businesses. Businesses were instructed to call in advance and order a 3 -yard bin, in which white paper, colored paper, butcher paper, shredded paper, glossy paper, envelopes, magazines, books, paper, phone books, junk mail and more were accepted. 2080 -RC -SPE (Special Collection Events) Current Status: SO - Selected and Ongoing Program Start Year: 2007 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: Yes Owned or Operated: No Jurisdiction Notes: 2016: 4 large special events within the City were held and serviced with recycling containers: Chili Cook Off, Broadway in the Park, Tiller Days, and the Dinosaur Dash. CR&R reported diversion for the top four events (event diversion rate): The Chili Cook -off (61.3%), Broadway in the Park (63.55%), Tustin Tiller Days (62.02%), and the Dino Dash (59.86%). These special events will be discussed in Section H of the Annual Report. Of the over 26 tons generated at these five events, a total of 15.85 tons of material was diverted from the landfill (for an overall special event diversion rate of 61.68%) and is reported under 2030 -RC -OSP. 2090-RC-OTH (Other Recycling) Current Status: SO - Selected and Ongoing Program Start Year: 2000 Existed before 1990: No Report Year Diversion Tons: Selected in SRRE: Yes 1602.27 Owned or Operated: No Page 10 of 28 Annual Report Summary: Tustin ( 2016) Page 11 of 28 Jurisdiction Notes: 2016: Home Depot, Victory Foam, Costco, and The Tustin District all have extensive internal recycling programs that diverted waste outside of the hauler's commercial on-site pick-up recycling program. Ricoh, which has been a zero waste company since 2001, diverted 1,602.27 tons of materials in 2016. Ricoh diverted the following tonnages of the materials below from its three Tustin campuses: 122.56 tons of wood commodities, 346.78 tons of metal commodities, 68.70 tons of plastic commodities, and 431 tons of other mostly hazardous materials including dry cell batteries, used oil, paints, fluorescent lamps, printed circuit boards, and toner. This break out is a summary of the most significant (by tonnage) items collected for recycling by Ricoh. In addition, Whole Foods reported diverting an average of 1,092 pallets of cardboard per year. Whole foods also composts 104 pallets of food scraps per year. As a company, Whole Foods has ambitions to become Zero Waste. 3000-CM-RCG (Residential Curbside Greenwaste Collection) Current Status: SO - Selected and Ongoing Program Start Year: 2000 Existed before 1990: No Report Year Diversion Tons: Selected in SRRE: Yes 5196.71 Owned or Operated: No Selected Program Details: Single-family residences I Multi -family residences I Green Waste Jurisdiction Notes: 2016: This program diverted a total of 5,196.71 tons of green waste and accounted for about 14% of the diversion recycled by CR&R. A majority of this tonnage (5,099.38 tons) originated from single-family homes and condominiums which utilized carts to collect greenwaste. An additional 144.49 tons were collected from multi -family sources in 3 and 4 yard bins. There were 18 multi -family source -separated greenwaste bins in service at the end of 2016. Of these 18 bins, 10 were 3-4 yard green -waste dumpsters and 8 were carts. The rate for green -waste collection is offered at 67% of the price of equivalent trash service in order to provide an economic incentive for businesses to participate. The total tonnage figure excludes 47.16 tons of greenwaste material collected by CR&R's Annual Holiday Greenery Program from residential sources. This tonnage is reported under 2070 -RC -SNL. 3010 -CM -RSG (Residential Self -haul Greenwaste) Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: Yes Owned or Operated: No Jurisdiction Notes: 2016: Terra Verde Industries (TVI) in San Juan Capistrano and Irvine received a majority of all self -haul greenwaste, with a total inbound retail tonnage of 586.12 tons in 2016. In 2016, about 35% of the total 586.12 tons of self -hauled in -bound greenwaste was from residential sources. This figure of 35% of the inbound greenwaste being residential was provided by the facility operator. Using this 35% factor, approximately 205.14 tons of the total inbound greenwaste was residential in origin. Green waste materials taken to these green waste facilities were processed and used as Alternative Daily Cover (ADC) at County landfills. This tonnage will be reported under the 7040 -FR -ADC PARIS code. 3020 -CM -COG (Commercial On -Site Greenwaste Pick-up) Current Status: AO - Alternative and Ongoing Program Start Year: 2001 Existed before 1990: No Report Year Diversion Tons: Selected in SRRE: No 58.68 Owned or Operated: No Selected Program Details: Green Waste Jurisdiction Notes: 2016: CR&R collected 58.68 tons of greenwaste from commercial sources. The majority of the materials diverted through the commercial greenwaste program were from private landscaping companies maintaining the landscaping at office parks and strip malls. There were 14 commercial greenwaste dumpsters and 7 greenwaste carts at the end of 2016. CR&R offers one day per week collection service for these programs and offers the service at 70% the cost of trash collection. 3030 -CM -CSG (Commercial Self -Haul Greenwaste) Current Status: SO - Selected and Ongoing Program Start Year: 1999 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: Yes Page 11 of 28 Annual Report Summary: Tustin ( 2016) Page 12 of 28 Owned or Operated: No Jurisdiction Notes: 2016: Terra Verde Industries (TVI) in San Juan Capistrano and Irvine received a majority of all self -haul greenwaste, with a total inbound retail tonnage of 586.12 tons in 2016. In 2016, about 65% of the total 586.12 tons of self -hauled in -bound greenwaste was from residential sources. This figure of 65% of the inbound greenwaste being commercial was provided by the facility operator. Using this 65% factor, approximately 380.98 tons of the total inbound greenwaste was residential in origin. The green waste materials taken to these green waste facilities were processed and used as Alternative Daily Cover (ADC) at County landfills. This tonnage will be reported under the 7040 -FR -ADC PARIS code. 3035 -CM -COR (Commercial Organics Recycling) Current Status: Al - Alternative and Implemented Program Start Year: 2016 Existed before 1990: NO Report Year Diversion Tons: Selected in SRRE: NO 732.34 Owned or Operated: No Selected Program Details: Source separated I Food Waste I Green Waste I Nonhazardous Wood Waste I Landscape and Pruning Waste Jurisdiction Notes: 2016: CR&R collects food scraps in 35- or 64 -gal carts or 2 -yard bins up to six days per week. The food scrap program is offered at one half the cost of equivalent MSW service, which provides generators a financial incentive to participate. In 2016, 30 accounts encompassing over 70 restaurants, participated in the food scrap recycling program, including the City's two largest generators of organics, The Tustin District and The Marketplace. The food scraps collected by CR&R in 2016 were direct hauled to Waste Management's CORe Facility in Orange (SWIS# 30 -AB -0363). CR&R collected multiple jurisdictions on its food scrap route, so an allocation based on volume on service was applied to determine the City of Tustin's diversion tonnage. The WM CORe facility converts food scraps into an Engineered Bioslurry using physical agitation and augering. The bioslurry is tanker trucked to LA Sanitation District's Carson waste water treatment facility where it is fed into anaerobic digestors to create electricity to power a portion of the facility. The digestate is sent to composting facilities for additional processing before being used for land application. 3040-CM-FWC (Food Waste Composting) Current Status: SO - Selected and Ongoing Program Start Year: 2009 Existed before 1990: NO Report Year Diversion Tons: 0 Selected in SRRE: Yes Owned or Operated: No Jurisdiction Notes: 2016: See PARIS code 3035 -CM -COR for description of the City's commercial organics program. 3060-CM-GOV (Government Composting Programs) Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: Yes Report Year Diversion Tons: 0 Selected in SRRE: Yes Owned or Operated: No Jurisdiction Notes: 2016: The City contracted with Mariposa Landscaping, West Coast Arborists, and Merchants Landscape Services to maintain a portion of the City's landscaping. Mariposa landscaping reported hauling a total of 318 tons of herbaceous materials to the CVT. Merchant reported hauling 282 tons of green waste to Aquinaga materials in Irvine. West Coast Arborists, reported hauling 602 tons of green waste in 2016. West Coast Arborist hauled 404 tons of green waste to Tierra Verde Industries, 211.13 tons to its facilities in Irvine, 23.41 tons to CVT in Anaheim, 10 tons were hauled to the City of Orange and 12 tons were hauled to miscellaneous sites around Orange County. In 2015, CR&R held two compost giveaway events. The events were held in April and October at 235 E. Main Street from 7 am to 11 am. The events drew over 1379 residents and thirty pound bags of compost (109 tons) were distributed. 4010 -SP -SLG (Sludge (sewagetindustrial)) Current Status: DE - Dropped in an earlier year Program Start Year: 1990 Existed before 1990: NO Report Year Diversion Tons: 0 Selected in SRRE: Yes Owned or Operated: No Page 12 of 28 Annual Report Summary: Tustin ( 2016) Page 13 of 28 Jurisdiction Notes: 2016: Program reporting discontinued in 2007 due to lack of information from sewage district. 4020 -SP -TRS (Tires) Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: Yes Report Year Diversion Tons: Selected in SRRE: Yes 613.1 Owned or Operated: No Jurisdiction Notes: 2016: Lakin Tires collected 735.6 tons of tires from 11 tire shops in 2016. Of these tons collected, Lakin Tires recycled 613.1 tons (83.3%). The tires were used as an additive to asphalt, playground padding, or on artificial turf. 4030-SP-WHG (White Goods) Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: Yes Report Year Diversion Tons: Selected in SRRE: Yes 33.54 Owned or Operated: No Jurisdiction Notes: 2016: All residents of single-family and multi -family homes are offered 2 pick-ups of white goods per calendar year. Businesses are charged per pick-up. In 2016, CR&R collected 26.54 tons of white goods from residential households, multi -family dwellings, and businesses. There were 322 white good collection requests from single-family homes, 246 from multi -family homes, 44 requests from the City's code enforcement division, and 26 requests from businesses in 2016. There were a total of 638 CR&R white goods collections in 2016, with each collection weighing approximately 83 lbs. In addition, the County of Orange reported that Tustin residents salvaged 7 tons of white goods from County -run landfills. 4040 -SP -SCM (Scrap Metal) Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: Yes Owned or Operated: No Jurisdiction Notes: 2016: CR&R is contractually required to conduct quarterly audits on inbound roll -off materials to their construction and demolition sorting facility, CR Transfer, in order to accurately report the materials present in the C&D loads to the City on a monthly basis. In total for 2016, an estimated 138.62 tons of scrap metal was collected in roll -off containers amounting to approximately 2.47% of the total roll -off material generated. These tonnages are included in 4060 -SP -CAR. 4050-SP-WDW (Wood Waste) Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: Yes Report Year Diversion Tons: 0 Selected in SRRE: Yes Owned or Operated: No Jurisdiction Notes: 2016: CR&R is contractually required to conduct quarterly audits of the inbound roll -off materials They deliver to their construction and demolition sorting facility, CR Transfer. The composition results are then verified for accuracy and reported monthly to the City. In total for 2016, an estimated 316.56 tons of wood waste was collected, which is approximately 18.65% of the total roll -off waste stream. This tonnage is included in 4060 -SP -CAR. 4060 -SP -CAR (Concrete/Asphalt/Rubble) Current Status: AO - Alternative and Ongoing Program Start Year: 1996 Existed before 1990: No Report Year Diversion Tons: Selected in SRRE: No 25426.73 Owned or Operated: No Selected Program Details: Asphalt Paving I Brick I Concrete/cement I Gypsum Board/drywall I Rock, soils and fines I Mixed C + D Page 13 of 28 Annual Report Summary: Tustin ( 2016) Page 14 of 28 Jurisdiction Notes: 2016: The City's C&D Ordinance requires all covered projects to divert at least 50% of the materials generated at the job site. If a contractor fails to comply with this ordinance, their deposit is withheld. 55 commercial and residential construction projects were permitted by the City and successfully diverted at least 50% of the C&D waste generated on-site and received their deposit back as a result. All projects met the diversion requirements and therefore all contractors had their deposits returned. Of the 55 projects permitted in 2016, 21 were residential projects and 34 were commercial projects. Out of 39,240.02 tons of C&D waste generated by the 55 permitted residential and commercial projects in 2016, contractors reported delivering 37,878 tons of C&D materials to mixed C&D processing facilities. Using the quarterly C&D diversion allocations provided by CR&R, these projects diverted an estimated 20,535.94 tons. Using this data reported by generators, the 55 C&D projects that took place in 2016 had an overall diversion rate of 51.5%, above the required 50%. CR&R diverted 1,697.79 tons of C&D from loads sent to their Stanton MRF. Many contractors used CR&R's mixed C&D recycling program to achieve a 50% project diversion rate and to comply with the C&D ordinance. Lastly, the City commissioned two Capital Improvement Projects (CIP) in 2016, Curb Ramp Construction & Roadway Rehab Repair. These projects required contractors to cold plane existing roadways, sidewalks, driveways, remove road base, curbs, rubberized asphalt, and gutters. All concrete, asphalt, and aggregate base materials were hauled to crushing facilities by contractors and recycled. In 2016, an estimated 3,193 tons of C&D rubble generated by the CIP projects were diverted from the landfill. The bid specifications also required that tire -derived Asphalt Hot Rubber Mix (AHRM) be used in the project Roadway rehab project, which utilized 8,500 tons of AHRM. The AHRM tonnages are reported in 1030 -SR -PMT. The total diversion tonage reported for this program code of 25,426.73 includes 20,535.94 tons of private contractor C&D diversion, 3,193 tons of C&D rubble generated during CIP projects, and 1,697.79 tons of C&D hauled by CR&R within the City. 4090-SP-RND (Rendering) Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: Yes Owned or Operated: No Jurisdiction Notes: 2016: Restaurants continue to separate trap and fryer grease for collection. 4100-SP-OTH (Other Special Waste) Current Status: AO - Alternative and Ongoing Program Start Year: 2005 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: No Owned or Operated: No Jurisdiction Notes: 2016: Special waste such as dirt and drywall were generated and diverted from various projects around the City as a result of the City's C&D ordinance and are included in the tonnage reported in 4060 -SP -CAR. An estimated 9.6 tons of dry wall were generated in roll off containers in 2016 based on an allocation applied to all of the City's recycled C&D waste. Allocations did not produce additional estimated tonnages for other materials like dirt in 2016. 5000-ED-ELC (Electronic (radio ,TV, web, hotlines)) Current Status: SO - Selected and Ongoing Program Start Year: 1992 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: Yes Owned or Operated: Yes Jurisdiction Notes: 2016: The Department of Public Works continued to update it's solid waste website with pertinent information regarding waste reduction and recycling. The website, http://www.tustinca.org/depts/pw/trash.asp, informs residents of single-family homes and multi -family dwellings of diversion programs available to them, such as acceptable materials in the curbside recycling and green waste programs, how to responsibly dispose of HHW, white goods, and bulky items, holiday greenery, and e -waste. The website also includes a link to CR&R's website as well as information on how to properly dispose of CFLs and batteries. Lastly, this website also educates visitors about AB 341 and AB 1826. 5010 -ED -PRN (Print (brochures, flyers, guides, news articles)) Current Status: SO - Selected and Ongoing Program Start Year: 1992 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: Yes Page 14 of 28 Annual Report Summary: Tustin ( 2016) Owned or Operated: No Jurisdiction Notes: 2016: As noted in 3035 -CM -COR, the City direct -mailed letters to all non-compliant Tier 1 and Tier 2 generators notifying them of their compliance obligation to divert food scraps. The City also direct -mailed all multi -family properties with 5+ units to notify them of AB 1826's requirement to divert green waste. On April 1 st of 2016, CR&R sent all residents information about a compost give away event. The flier included a ticket that could be redeemed for two 30 lbs. bags of compost as well as information about the benefits of compost. On May 4th, CR&R offered a "Clean Your Files Day" to Tustin businesses. Businesses were instructed to call in advance and order a 3 -yard bin, in which white paper, colored paper, butcher paper, shredded paper, glossy paper, envelopes, magazines, books, paper, phone books, junk mail and more were accepted. On September 1st, a post card was mailed to all residential accounts informing them of twelve HHW drop- off locations in the City of Tustin that accept batteries, bulbs, cell phones, and paint. This list also included two county facilities that accept more types of HHW. On October 1 st, CR&R sent out a flier to all residents with their quarterly bill. The flyer notified residents of the free compost giveaway held in October 2016. The flier educated residents of the benefits of applying compost to soil, including improved soil structure and enhanced moisture content. The flier also contained a separate one-page information sheet about the HHW drop-off event held on November 5th and provided residents with a list of items accepted at the event. There was also a residential brochure sent to customers on October 1st, which provided information on proper a -waste and hazardous waste disposal and a guide on what can and can't be recycled. On October 1 st, all commercial and multi -family customers were sent a informational 2 -page flier about the mandatory commercial recycling provisions set forth in AB 939, AB 341, and AB 1826. This resource explained how recycling can save money and get into compliance with various laws and provides images of containers and visuals explaining what is accepted. A section titled "Business Recycling; Its the law!" informed the business community about the minimum generation threshold and timeline for compliance with AB 341 and AB 1826. The brochure also included information about implementing a food scrap diversion program and how to recycle e -waste. The brochure included a section that notified businesses of CR&R's ability to help businesses meet LEED C&D diversion requirements. In order to help customers visualize the recycling program, CR&R provided photographs and dimensions of recycling dumpsters and carts. The flyer also included helpful websites and offers employee training and technical assistance for businesses that were interested in implementing a recycling program. The City made a'Keep Tustin Beautiful' Green Guide available at City Hall. The Green Guide informs residents of ways to responsibly dispose or recycle the following common household items: CFLs, batteries, florescent bulbs, bottles and cans, medicines, automotive products, cleaning products, house, lawn, and garden products, sharps, painting supplies, and e -waste. The Green Guide directed residents to local drop-off locations for batteries and bulbs as well as County run HHW drop-off facilities. The brochure was funded in part by the Department of Conservation City/County Payment program. A letter was sent to all HOAs from CR&R informing them of their obligations to comply with AB 341 and AB 1826 and provided example rates for services and contact information for the CR&R recycling coordinator to set up a consultation. 5020 -ED -OUT (Outreach (tech assistance, presentations, awards, fairs, field trips)) Current Status: SO - Selected and Ongoing JProgram Start Year: 1995 1 Existed before 1990: No Report Year Diversion Tons: 0 ISelected in SRRE: Yes Owned or Operated: No Page 15 of 28 Annual Report Summary: Tustin ( 2016) Page 16 of 28 Jurisdiction Notes: The City and EcoNomics, Inc. continued to meet with CR&R's recycling coordinator on a recurring basis, as a recycling working group, to coordinate efforts on maximizing diversion in the commercial and multi -family sectors. The focus of outreach activities in 2016 were related to AB 1826. EcoNomics coordinated with the City to send AB 1826 notification to Tier 1 &2 generators' site location and billing address. All Tier 1 &2 businesses were visited by either CR&R's Sustainability Coordinator or staff from EcoNomics within a few days of receiving the AB 1826 notification letter. City consultants then worked with tenants and property managers to assess waste needs, created proposals recommending service changes, and trained staff. These service recommendations, although principally designed to help businesses obtain compliance, also allowed customers to save money due to the diversion program rate structures in Tustin. For most decision makers, the cost -savings are the primary driver to implementing a recycling program. Once a diversion program is approved by a generator, staff training is conducted, which typically targets back of house staff as well management, custodians, and other parties that handle waste. Training is offered for as many shifts as the restaurant prefers. Depending on the size of the operations and staff turnover, it is sometimes necessary to train multiple shifts. In this training, a short power point presentation is typically delivered. Managers are sent this presentation so they can use it to train new staff. Managers are also provided with signage instructing staff what belongs in recycling programs (organic or conventional). After the program goes live, outreach continues as a part of the monitoring process. If programs have no observed problems such as contamination, then outreach may consist of some positive praise. However, during the first month of a program, if there is excessive contamination of food scraps or if food scraps are observed in the trash bin, the generator will be informed of the issue. If the issue persists, retraining will be recommended. Such a process took place in a coordinated effort between CR&R and EcoNomics at one of the biggest food generators in the City, The Market Place. This effort was concentrated in the properties food court. In 2016, EcoNomics and CR&R provided training to approximately 40 restaurants. The Contract between the City of Tustin and CR&R states that the recycling coordinator must contact all businesses to offer recycling. The Recycling Coordinator conducted audits on all businesses not participating in the recycling program and sent recycling proposals. The CR&R recycling coordinator attended five Chamber of Commerce events to promote recycling to the business community. The CR&R Recycling Coordinator also attended three "TEAM" (An organization in Tustin attended by local multi -family property managers) meetings to promote recycling in the multi- family community. 5030-ED-SCH (Schools (education and curriculum)) Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: Yes Report Year Diversion Tons: 1.14 Selected in SRRE: Yes Owned or Operated: No Jurisdiction Notes: 2016: CR&R continued to provide a fundraising opportunity to all schools within the City. CR&R places a 40 -yard roll -off box at schools to collect CRV plastic and aluminum containers. When the 40 -yard bin fills, CR&R services the container and provides a check to the school for the refund amount. In 2016, two schools participated in the program, Tustin Ranch Elementary and Peter's Canyon Elementary. In 2016, CR&R reported collecting 2,285 lbs. of materials combined. Broken down, both schools collected 420 pounds of aluminum and 1,865 lbs of PETE. 6000-PI-PLB (Product and Landfill Bans) Current Status: AO - Alternative and Ongoing Program Start Year: 2000 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: No Owned or Operated: No Jurisdiction Notes: 2016: County bans continued to prohibit the following items from the landfill: asbestos, batteries, brake linings, chemicals, fuel tanks, mufflers, paints, poisons, hazardous waste, animal parts, body parts, medical waste, radioactive materials, auto body shredder wastes, fuels, heavy metals, explosives, pesticides, contaminated soil, liquid waste, nuisance dust, CRTs, chemically treated wood waste, and tires. Routine load checks performed by the County insured this policy was enforced. 6010-PI-EIN (Economic Incentives) Current Status: SO - Selected and Ongoing Program Start Year: 2000 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: Yes Owned or Operated: Yes Selected Program Details: Variable can rate/Quantity based user fee I Discounts I Differential tipping fee I Unlimited recycling I Franchise Fee I Deposit Page 16 of 28 Annual Report Summary: Tustin ( 2016) Page 17 of 28 Jurisdiction Notes: 2016: CR&R receives a 1 % bonus to their annual PPI rate increase if they successfully divert more than 50% of the materials they handle in each collection service sector (residential, commercial, multi -family, and roll -off). CR&R achieved a 50%+ diversion rate in all four sectors in calendar year 2016, CR&R was awarded this bonus rate increase for fiscal year 2016/2017. The residential rates are assessed on refuse, therefore the first 3 green waste and recycling are free while the trash carts cost approximately $5 per cart per month. For the commercial sector, a source -separated recycling bin can be provided at 50% the cost of an equally sized trash bin to provide an additional incentive to recycle. A comingled bin is offered at 66% the cost of trash. The food bin is 66% the cost of trash service. These discounts for diversion collection services are structured to allow generators to reduce their disposal costs by implementing diversion programs, thus creating an economic incentive to divert waste. 6020 -PI -ORD (Ordinances) Current Status: SO - Selected and Ongoing Program Start Year: 1999 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: Yes Owned or Operated: Yes Selected Program Details: C & D ordinance I Mandatory waste collection I Recycled content procurement I Antiscavenging ordinance Jurisdiction Notes: 2016: The C&D ordinance continued to successfully divert C&D materials from the landfill. In 2016, this was demonstrated by the fact that 100% of the permitted projects complied with the requirement to divert 50% of its waste. The City adopted the 2017 revised CalGreen building code in 2016. This revision includes a requirement to recycle 65% of all C&D waste generated at a job site. In 2013, the City also passed an ordinance that requires a roof to cover any trash enclosure in order to mitigate water pollution and reduce the degradation of recyclable materials. 7000 -FR -MRF (MRF) Current Status: SO - Selected and Ongoing Program Start Year: 1991 Existed before 1990: No Report Year Diversion Tons: Selected in SRRE: Yes 24018.21 Owned or Operated: No Jurisdiction Notes: 2016: All single -stream commercial and residential recycling was sent by CR&R to their clean MRF on Western Avenue in Stanton. This facility was audited on a quarterly basis, per its City hauling contract, in order to ensure accurate diversion allocations in CR&R's monthly reports. The following diversion rates were reported for the residential single -stream recycling program: 1st Quarter (79%), 2nd Quarter (77%), 3rd Quarter (79%), and 4th Quarter (74%). The commercial and multi -family single -stream recycling program were found to have the following diversion allocations in 2016: 1 st Quarter (74%), 2nd Quarter (84%), 3rd Quarter (72%), and 4th Quarter (83%). The commercial single -stream diversion allocation is applied to recyclable materials collected at both commercial and multi -family accounts. These weights are reported under 2000-RC-CRB and 2030 -RC -OSP. All material collected from the commercial 'A' Route and the multi -family routes was taken to CR&R's dirty MRF, CRT, located on Knott Avenue in Stanton. 10,756.86 tons of material were diverted from the commercial 'A' Route and 8,328.22 tons of material were diverted from the multi -family route. 3,832.59 tons of material were diverted from commercial permanent roll -off boxes and compactors. In order to achieve compliance with the 50% diversion requirement for the residential sector set forth in the contract with the City, CR&R sent some residential trash routes to CRT during 2015 for processing. This processing option diverted 1,100.54 tons of residential recyclables. The total of these four tonnages equals 24,018.21 tons. The collection contract requires CR&R to conduct quarterly audits at their dirty MRF as well as the clean MRF in order to ensure accurate diversion reports are submitted to the City. In 2016, materials collected from the commercial and multi -family sector and subsequently processed at the dirty MRF (CRT), were found to have the following diversion allocations:) st quarter 35%, 2nd quarter 34%, 3rd quarter 33% and fourth quarter 42%. CR&R was also required to audit the inbound commercial roll -off loads, which yielded the following diversion allocations: 1 st quarter 55%, 2nd quarter 51%, 3rd quarter 50%, and fourth quarter 51 %. 7010 -FR -LAN (Landfill) Current Status: AO - Alternative and Ongoing Program Start Year: 2005 Existed before 1990: No Report Year Diversion Tons: 1.12 Selected in SRRE: No Owned or Operated: No Jurisdiction Notes: 2016: 1.12 tons of landfill salvaging at the three County -run landfills was allocated to the City by the County. Page 17 of 28 Annual Report Summary: Tustin ( 2016) Page 18 of 28 7040 -FR -ADC (Alternative Daily Cover) Current Status: AO - Alternative and Ongoing Program Start Year: 1997 Existed before 1990: No Report Year Diversion Tons: Selected in SRRE: No 7734.6 Owned or Operated: No Jurisdiction Notes: 2016: 7,734.60 tons of ADC were allocated to the City by Orange County's reported figures which were entered into the CalRecycle's Disposal Reporting System. 8000-TR-WTE (Waste To Energy) Current Status: SO - Selected and Ongoing Program Start Year: 1997 Existed before 1990: No Report Year Diversion Tons: Selected in SRRE: Yes 2022.74 Owned or Operated: No Jurisdiction Notes: 2016: CalRecycle reported that CR&R sent 2,022.74 tons to transformation facilities. 15.39 tons were also sent to Commerce Refuse Energy for incineration. 269.50 tons were also incinerated at Convanta Stanislaus. The remaining 1,646.64 tons were sent to SERRF. Ricoh Electronics diverts over 90% of their materials and sent any non -recyclable residue to SERRF for transformation. As previously mentioned in 7000 -FR -MRF, the residue from residential curbside trash barrels processed at CR&R's dirty MRF was sent to SERRF for incineration. 8010 -TR -BIO (Biomass) Current Status: SO - Selected and Ongoing Program Start Year: 2012 Existed before 1990: No Report Year Diversion Tons: 0 Selected in SRRE: No Owned or Operated: No Jurisdiction Notes: 2016: No tonnage to report. 8020 -TR -TRS (Tires) Current Status: SO - Selected and Ongoing Program Start Year: 1997 Existed before 1990: No Report Year Diversion Tons: Selected in SRRE: Yes 613.1 Owned or Operated: No Jurisdiction Notes: 2016: Lakin tire recycling program is reported under Section 4020 -SP -TRS. 9000-HH-PMF (Permanent Facility) Current Status: SO - Selected and Ongoing Program Start Year: 1994 Existed before 1990: Yes Report Year Diversion Tons: Selected in SRRE: Yes 79.65 Owned or Operated: No Jurisdiction Notes: 2016: Residents may dispose of their HHW for free at one of four County operated facilities. The facilities are open Tuesday through Saturday from 9 a.m. to 3 p.m. and closed on rainy days, 4th of July, Thanksgiving, Christmas, and New Year's Day. Residents may bring up to 15 gallons of liquid or 125 pounds of solid material. There is no limit to the amount of trips a resident may take. The City contributes their CalRecycle used oil funds to the County to support operation of these facilities and for public education related to HHW. In 2016, 2,660 residents delivered material to the County facilities. Specific material weights were not tracked by the County. The County reported that the average weight of HHW material per car was 59.89 lbs. Using this figure, residents from Tustin diverted approximately 79.65 tons of HHW at County run facilities. Page 18 of 28 Annual Report Summary: Tustin ( 2016) Page 19 of 28 9010 -HH -MPC (Mobile or Periodic Collection) Current Status: SO - Selected and Ongoing Program Start Year: 2010 Existed before 1990: NO Report Year Diversion Tons: 0 Selected in SRRE: NO Owned or Operated: No Jurisdiction Notes: 2016: CR&R continued to provide an annual HHW collection event to residents of Tustin. The drop-off event was held at 235 E. Main Street on Saturday, November 5 from 9 am to 3 pm. The event required all residents to show proof of residency in the City to be eligible for participation in the drop-off. CR&R hired PSC Environmental Services as a contractor to ensure the proper permits were obtained in order to hold the event. PSC Environmental Services also assisted CR&R with unloading vehicles the day of the event, proper handling of the materials, and disposal/recycling of the materials. At the time of submittal, specific tonnages break outs were not available for this event. However, these tonnages will be reported in the City's Form 303 Submittal for the year 2016. 9020 -HH -CSC (Curbside Collection) Current Status: DE - Dropped in an earlier year Program Start Year: 1995 Existed before 1990: NO Report Year Diversion Tons: 0 Selected in SRRE: NO Owned or Operated: No Jurisdiction Notes: 2016: Program was dropped in earlier year (1999). Status remains unchanged. 9030-HH-WSE (Waste Exchange) Current Status: SO - Selected and Ongoing Program Start Year: 1998 Existed before 1990: NO Report Year Diversion Tons: 0 Selected in SRRE: Yes Owned or Operated: No Jurisdiction Notes: 2016: The County continued to offer a "Materials exchange program" at the Irvine HHW facility. Residents may select from partially used home, yard and automotive care products at no cost. The City contributes their CalRecycle used oil funds to the County to support operation of these facilities and for public education related to HHW. 9040 -HH -EDP (Education Programs) Current Status: SO - Selected and Ongoing Program Start Year: 1990 Existed before 1990: Yes Report Year Diversion Tons: 0 Selected in SRRE: Yes Owned or Operated: No Jurisdiction Notes: 2016: The City included information about County HHW drop-off centers on its public access channel. The channel featured a recurring slide that informed residents of the collection centers and which materials are accepted. CR&R included printed outreach material regarding the November drop-off event to all residents in the October quarterly bill. The bill insert also included the locations of CFL and battery drop-off locations mentioned in 9050-HH-OTH. The City's website also provided information on the event specifics to residents. CR&R and the City provided information on its websites about the 11 CFL and battery drop-off locations around the City. The website included photos of all the participating drop- off locations, a description of where the drop-off container was located, and a contact for the person who administered the program at each location. In September, CR&R sent a post card to all accounts informing customers where to take hazardous materials. This post card had several HHW drop off locations listed. 9045 -HH -EWA (Electronic Waste) Current Status: AO - Alternative and Ongoing Program Start Year: 2005 Existed before 1990: NO Report Year Diversion Tons: 20.9 Selected in SRRE: NO Owned or Operated: No Page 19 of 28 Annual Report Summary: Tustin ( 2016) Jurisdiction Notes: 2016: CR&R collected 20.90 tons of a -waste from residents on an on-call basis for no charge. Commercial businesses are charged per item. These materials were recycled through Electronics Recycling Industries (ERI). ERI processes all electronic materials domestically at their facility in Fresno. 202 single-family homes, 5 businesses, and 110 multi -family homes requested the e -waste pick-up services in 2016. Additionally, the City directed CR&R to collect 51 a -waste items in the public right-of-way in 2016. The average weight of each e -waste service call was 114 lbs. In addition, the City held a HHW drop-off event held in November. Covered and uncovered electronics were collected. Covered electronics collected included televisions (20 units amounting to 0.74 tons), LCD monitors (14 units amounting to 0.14 tons), LCD televisions (7 units amounting to 0.22 tons), and Computer monitors (10 units amounting to 0.19 tons). Uncovered electronics collected included computers (30 units amounting to 0.35 tons) and mixed electronics amounting to 1.56. 19050-HH-OTH (Other HHW) Current Status: SO - Selected and Ongoing I Program Start Year: 2009 I Existed before 1990: No Report Year Diversion Tons: 2.04 ISelected in SRRE: No Owned or Operated: Yes Jurisdiction Notes: 2016: Program continued in 2016. The following locations accepted CFLs and batteries: Tustin Ranch Shell, Tustin Carwash, UPS Store, Adams Hardware, Whole Foods, Tustin Senior Center, Woodward's Ace Hardware, Columbus Activity Center, MDS Office, Orchard Supply, and Tustin City Hall. These establishments collected 430.40 lbs. of batteries, 1,425.50 lbs. compact fluorescent bulbs, 1,093.50 lbs. of 4 -foot, 15.75 lbs. of 6 foot, and 333 lbs. of 8 foot fluorescent lamps in 2016. The materials were recycled by CR&R's HHW contractor, Mercury Disposal Systems (MDS). Residents also could drop-off up to 5 -gallons of paint at a local paint store through the statewide Paintcare EPR program. PaintCare reported diverting over 95% of paint products collected in 2016. Mandatory Commercial Recycling (MCR) This detailed information was entered in the 2030 code noted above in the SRRE and HHWE Diversion Programs. EDUCATION AND OUTREACH Note: Regional Agencies should address education and outreach for individual members. 1. Describe education and outreach methods for the reporting year for electronic, print and direct contact, including those done by the jurisdiction and by the hauler(s). Page 20 of 28 Annual Report Summary: Tustin ( 2016) -- Ab J41 inrormation is avallaole on --IIPRINT: The hauler sent the commercial and multi -family brochures in 2016. The Hauler sent newsletters to multifamily complex account holders re: AB 341. --IIDIRECT CONTACT: Hauler/Consultant made presentations at Homeowners Association (HOA) Meetings. Hauler performed site visits to all multifamily complexes. Hauler made site visits to all businesses where cost savings proposals and AB 341 info was shared. See Print / Outreach Paris Code Reporting for additional information. In addition to LAMD Representative's response, the following is the City's response. The City and EcoNomics, Inc. continued to meet with CR&R's recycling coordinator on a recurring basis, as a recycling working group, to concentrate efforts on minimizing recycling contamination in existing and some new accounts in the commercial and multi -family sectors. This is following an effort starting in 2013 and continuing into 2016 to send proposals (many cost-saving) that would lead to the implementation of single -stream recycling programs in properties that generate more than 4 cubic yards of recyclable material per week. Starting in 2016 with the first compliance threshold for AB 1826 in April, hybrid proposals have been commonly utilized to maximize cost savings and help businesses attain compliance with both AB 341 and AB 1826. The Department of Public Works continued to update it's solid waste website with pertinent information regarding waste reduction and recycling. The website, http://www.tustinca.org/depts/pw/trash.asp, informs residents of single-family homes and multi -family dwellings of a variety of things including AB 341 and information on how to properly dispose of CFLs and batteries. On October 1 st, all commercial and multi -family customers were sent an informational 2 -page flier about the mandatory commercial recycling provisions set forth in AB 939, AB 341, and AB 1826. This resource explained how recycling can save money while achieving compliance with various laws, provides images of collection containers available and visuals explaining what is accepted. A section titled "Business Recycling; Its the law!" informed the business community about the minimum generation threshold and timeline for compliance with AB 341. The brochure included a section that notified businesses of CR&R's ability to help businesses meet LEED C&D diversion requirements. In order to help customers visualize the recycling program, CR&R provided photographs and dimensions of recycling dumpsters and carts. The flyer also included helpful websites and offers employee training and technical assistance for businesses interested in implementing a recycling program. A letter was sent to all HOAs from CR&R informing them of their obligations to comply with AB 341 and AB 1826 and provided example rates for services and contact information for the CR&R recycling coordinator to set up a consultation. With regards to direct AB 341 outreach, most direct outreach to customers in 2016 was with the focus of AB 1826 compliance. However, CR&R and City recycling consultants have found it best to take a systems approach to diversion programs, maximizing both AB 341 and AB 1826 diversion, which also maximizes cost -savings. In many ways, AB 1826 has made AB 341 implementation easier as food -scraps generators seem to be taking AB 1826 very seriously but want to minimize costs of implementation. As all AB 1826 programs implemented require employee re-training, there is a perfect opportunity to also retrain or in some cases train employees for the first time how to recycle food scraps and conventional recyclables. When possible, City consultants will draft a memo to be distributed to tenants on behalf of the property manager. This memo requires tenant participation and has a call to action to schedule a training by a specific date. This approach has led to a very high success rate in implementing programs with willing participants. In Tustin, as well as surrounding communities, there is a percentage of the population that despite cost -savings, lack of compliance, free assistance, are unwilling to recycle and routinely refuse offers from CR&R to conduct a free waste assessment. 2. If applicable, please describe any challenges encountered in implementing education and outreach for the jurisdiction's commercial recycling program. If not applicable, enter N/A. A: Resistance to AB 341/increased recycling occurs due to several factors, including that some generators are not motivated by compliance, are aware that non-compliance comes with no penalties, or space constraints prevent new programs. Some decision makers are reluctant because they don't want to pay for new services. Difficulties effectively conveying programs to decision makers also exist and range from basic language barriers to an on-site manager's inability or unwillingness to properly communicate programs to the main decision maker who is often off site. There are also difficulties in many locations where illegal dumping, overflow, scavenging, and gang activity is common. While AB 1826 programs often include revamping or introducing AB 341 programs, perhaps the biggest challenge is that the majority of covered businesses not in compliance have essentially been approached regarding such programs in person or by phone several years in a row. These properties have a history reinforced by several years that nothing happens in terms of penalties when you deny these programs, thus reinforceing their tendancy to say no to such programs. There are also many properties managed by certain property management firms that seem to have a general tendency to reject any and all proposals created by City Consultants or CR&R despite there often being cost savings affiliated to implementation. Many properties claim they tried recycling before and it didn't work. In all cases, City Consultants and CR&R attempt to convince decision makers to participate in the program and will help them work through their biggest concerns. Bin swaps, locking lids, split -bins, right- sizing, face-to-face outreach, free training, customized signage, new employee training packets are all tools used to reassure and thus convince the decision maker that the recycling program will be successful and sustainable in the long- term. Page 21 of 28 Annual Report Summary: Tustin ( 2016) Note: Regional Agencies should use the text boxes to list the totals in each field for individual members. Reporting Jurisdictions that cannot separate businesses and multifamily data should provide an explanation in the applicable text box. Reporting Jurisdictions that have an unknown number for any of the numeric fields must input a `0' into the data field and provide an explanation in the corresponding box below. 1. Total number of covered businesses: 458 Explanation: A: There were 458 covered businesses in 2016. 315 had source separated recycling and 143 subscribed to mixed waste processing. Of these 143 that utilize mixed waste processing, at least 55 had internal recycling programs. It is highly likely that many more than 55 businesses engage in some form of informal recycling activities such as cashing in bottles and cans, self -hauling cardboard, or giving cardboard to independent recyclers. The 55 known internal programs would amount to 12% of the total commercial accounts and 38% of the accounts using mixed waste processing to recycle. Commercial sector tonnage data for 2016 from source -separated and single -stream bins represents about 1.4% of the recyclable materials handled by CR&R and totals 1,183.96 tons. At the end of 2016, there was a total of 344 commercial recycling bins, 37 split bins, and 67 recycling carts placed throughout the City of Tustin. CR&R diverted 81.20% of recyclable materials it collected through the commercial sector's recycling program in 2016. The City continues to require CR&R to adhere to the contractual requirements of the hauler agreement to implement single -stream recycling programs at every commercial and multi -family complex and to have a single -stream recycling container in place. CR&R provided onsite technical outreach to multifamily communities and commercial businesses in 2016. CR&R also operates a commercial 'A' Route to collect dry waste for processing discussed under 7000 -FR -MRF. 2. Total number of covered businesses not recycling: 0 Explanation: There were no covered businesses not recycling in 2016. MSW bins from these properties were processed using mixed -waste processing. 3. Total number of covered multifamily complexes: 185 Explanation: In 2016, there were 185 multi -family accounts in the City that generated 4 or more cubic yards of MSW and were required to recycle per AB 341. Of these, 108 accounts had a single -stream recycling program through CR&R (58%) and the remaining 77 accounts had their waste processed at CR&R's mixed waste processing facility (42%). The City continues to require CR&R to adhere to the contractual requirements of the hauler agreement to implement single -stream recycling programs at every commercial and multi- family complex and to have a single -stream recycling container in place. CR&R provided onsite technical outreach to multifamily communities and commercial businesses in 2016. CR&R also operates a commercial 'A' Route to collect dry waste for processing discussed under 7000 -FR -MRF. 4. Total number of covered multifamily complexes not recycling: 0 Explanation: There were 77 multifamily properties without source separated recycling that utilize mixed waste processing to divert some recyclable material. Such properties have been approached each year by CR&R and or City Consultants to establish recycling programs. 5. What was done to inform those not recycling about the law and how to recycle? If the jurisdiction has an enforcement program for the Mandatory Commercial Recycling program then please provide information about what enforcement was conducted. Every account was notified via mail from both the City and CR&R. In addition, both the City and CR&R's websites provide more information about how to establish such program. CR&R's recycling coordinator visited or called ever non-compliant business to encourage recycling and when interested business proposals were created for the decision maker to implement a program fitting for that business. The City of Tustin has no enforcement program but rather works directly with business managers in an effort to help them gain compliance with various laws and to potentially save money doing so. 6. If applicable, please describe any challenges encountered in implementing monitoring related to the jurisdiction's commercial recycling program. If not applicable, enter N/A. Page 22 of 28 Annual Report Summary: Tustin ( 2016) iwonnoring Hes J41 programs is a process inai aoes not ena. Hu esiaausnea programs nave some monitoring rrom the arive who services the bins. When excessive contamination is an issue, the driver tags bins. Recycling coordinators at CR&R receive reports of properties with contamination notices and provide additional education as needed to such properties. Newly established programs initiated by CR&R or City Consultants from EcoNomics include intensive monitoring for the first month. This is necessary to ensure that training efforts were successful. Providing real-time (as opposed to delayed) feedback is very important to the long-term success of the programs. After the first month, monitoring is reduced and gradually becomes an occasional activity. 7. Provide the amount of recyclable material that is being diverted by covered businesses/multifamily complexes: 8169 Tons If this tonnage information is not available, please enter 0 and explain why: Explanation: 1,183.96 tons of source -separated recycling was collected from all participating accounts in the City. While CR&R does not track individual tonnage contributions by generator, an allocation can be applied to the total source -separated tonnage to determine the following rough breakdown. 315 of the 458 (69%) participating source -separation accounts were covered generators, therefore 69% of the 1,183.96 tons, or 816.9 tons can be attributed to AB 341 covered generators. Of the total 604 covered commercial and multi -family accounts in the City, 478, or 79%, met the AB 341 threshold. This includes 55 verified non- CR&R programs but likely excludes several other internal programs not identified through ongoing monitoring. Applying this percentage to the total 7000 -MRF diversion tonnage reported equals X tons, which can be viewed an approximation of the amount of mixed waste diversion from covered generators. Mandatory Commercial Organics Recycling (MORe) • Detailed information for Education and Outreach, and Monitoring, may have been entered in the 3035 code noted above in the SRRE and HHWE Diversion Programs. A Rural City, County, or Regional Agency with an exemption per AB 1826 Exemptions, completion of each of the Mandatory Commercial Organics Recycling (MORe) questions is optional. A Rural County/Regional Agency, is required to answerthe first 2 questions on the 'Infrastructure and Barriers' tab Per AB 876 (McCarty. Chapter 593. Statutes of 2015). IDENTIFICATION OF COVERED BUSINESSES/MULTIFAMILY COMPLEXES 1. Please describe the methodology used to identify covered businesses and multifamily complexes. The City used EcoNomics generator identification methodology to identify food service establishments that were likely to meet Tier 1 and Tier 2 generation thresholds. For the multi -family sector, the City notified all properties with 5 or more units of the requirements of AB 1826. 2. If any of this data is not available, please explain why it is not available and how you are addressing gathering the data and when it will be available? NA EDUCATION AND OUTREACH (all years) 1. Describe education and outreach methods for the reporting year for electronic, print and direct contact, including those done by the jurisdiction and by the hauler(s). --IIELECTRONIC: -- Hauler has Ab 1826 information on its website. --IIPRINT: Hauler included AB 1826 information in its commercial/multi-family brochure. Hauler sent newsletters to multi -family complexes regarding AB 1826. City sent written notice to all Tier 1 and Tier 2 generators in 2016 of AB 1826 requirements. Also sent info to all multi- family properties. --IIDIRECT CONTACT: --Hauler/Consultant made presentations at Homeowners Association (HOA) Meetings. -- Hauler and City's consultant followed-up in person with all Tier 1 and Tier 2 accounts in 2016. Page 23 of 28 Annual Report Summary: Tustin ( 2016) Z. it appucaaie, please aescripe any cnaiienges encoumerea in impie jurisdiction's organic recycling program. If not applicable, enter N/A. Occasional resistance to AB 1826 occurs due to several factors, including that some generators are not motivated by compliance; are aware that non-compliance comes with no penalties; or space constraints prevent new programs. Some decision makers are reluctant because they don't want to pay for new services. Difficulties effectively conveying programs to decision makers also exist and range from basic language barriers to an on-site manager's inability or unwillingness to properly communicate programs to the main decision maker who is often off-site. There are also difficulties in many locations where illegal dumping, overflow, scavenging, and gang activity is common. The scavenging of edible food from organics bins has become a problem, resulting in unsanitary enclosure situations. Many of the common reasons managers have concerns about recycling are enhanced when it comes to food -scrap recycling, particularly with regards to vector issues, smells, and space constraints. Companies and property managers seem to be taking AB 1826 more seriously than AB 341 and haulers/consultants have the expertise and knowledge to work through practically all concerns the most skeptical managers raise. When met with skepticism, tools such as pooling cost -savings with AB 341 recycling programs' expansion or introduction, bin swaps, locking lids, split -bins, right -sizing, face-to-face outreach, free training, customized signage, new employee training packets are all tools used to reassure and thus convince the decision maker that the recycling program will be successful and sustainable in the long-term. Rarely business cluster with rental agreement that has tenants pay trash bill and thus the property manager will claim it is the tenant's responsibility to pay for the property's compliance. In such cases education is provided about the nature of AB 1826 and the responsibility falling on the property manager of businesses/business clusters regardless of the billing system used on-site to pay for utilities. In addition, on-site waste arrangers or off-site account managers who often don't know the legal landscape as much as they should are often dismissive or reluctant to work with City Consultants or CR&R to identify appropriate services. MONITORING Note: • Regional Agencies should use the text boxes to list the totals in each field for individual members. • Reporting Jurisdictions that cannot separate businesses and multifamily data should provide an explanation in the applicable text box. • Reporting Jurisdictions that have an unknown number for any of the numeric fields must input a `0' into the data field and provide an explanation in the corresponding box below. 1. Total number of covered businesses: 31 Explanation: 31 total businesses covered in Tier 1. The City used EcoNomics' generator identification methodology to identify these generators. 2. Total number of covered businesses not recycling organics: 17 Explanation: 17 Tier 1 covered businesses were not recycling organics in 2016. The City will continue to notify these generators of the requirements of AB 1826. 3. Total number of covered multifamily complexes: 266 Explanation: 4. Total number of covered multifamily complexes not recycling green waste, landscape and pruning waste, and nonhazardous wood waste: 0 Explanation: The City notified all multi -family complexes with 5 or more units of the requirement to recycle green waste materials per AB 1826. The letter notification was sent via direct mail and included a self -reporting form. The City received self -reporting forms from approximately 10% of the generators notified. CR&R processes nearly all MSW bins collected from the multi -family sector as mixed waste. CR&R has indicated that it does sort out green waste materials from these bins. 5. What was done to inform those not recycling about the law and how to recycle? If the jurisdiction has an enforcement program for the Mandatory Commercial Organics Recycling program then please provide information about what enforcement was conducted. Page 24 of 28 Annual Report Summary: Tustin ( 2016) AS pan oT an extensive muni-monin error[ inai conilnuea Inio zui /, the uny sent Wriiien nonce io all I ler 1 ana I ler 2 generators in 2016 to notify them of the mandatory organics diversion requirements of AB 1826. Direct-mail notifications were also sent to all multi -family properties to inform them of the green waste diversion mandates set forth in AB 1826. The City's consultant and CR&R coordinated in-person follow-ups to all accounts that received the printed letter. The purpose of these site visits was to encourage non-compliant generators to work with the City's Consultant or CR&R to establish the appropriate organics service levels, conduct staff trainings, and monitor the program in order to achieve compliance. Several follow ups were usually required to secure each account into AB 1826 compliant organics diversion programs. 6. If applicable, please describe any challenges encountered in implementing monitoring related to the jurisdiction's commercial organics recycling program. If not applicable, enter N/A. Monitoring is typically not much of a challenge in most cases. Occasionally a business in a business cluster will take the organic training provided by the City or CR&R but not actually participate in good faith. This can range from only recycling a portion of organic material generated on site, to a gradual internal "slide" in participation, to sometimes just placing organic material in the MSW bin not expecting such activities to be discovered in the City's monitoring of programs. When such instances of non-compliance occur, the City's consultant will draft a letter to the property manager requiring participation. Ultimately, food scrap recycling is a bigger ask of businesses than conventional recycling. Typically, businesses that go into a gradual slide towards less participation or pretending to participate are discovered early on and it is possible to intervene quickly to rescue the program. Those properties tend to be the ones that City Consultants and CR&R recycling coordinators focus on in their monitoring routes. 7. Provide the amount of organic material that is being diverted by covered businesses/multifamily complexes: 876 Tons If this tonnage information is not available, please enter 0 and explain why: Explanation: There were 144.49 tons of green waste generated in the multi family sector and an additional 732.34 tons of food scraps generated in the commercial sector (predominately restaurants). This tonnage amounted to 876.83 tons of organic material diverted from the commercial and multi -family sector in Tustin in 2016. INFRASTRUCTURE AND BARRIERS Per AB 876 (McCarty. Chapter 593. Statutes of 2015), the first three fields in this tab, #1, #1a, and #2, are only to be answered by counties and regional agencies (RA). The following is guidance on how to report if a regional agency does not consist of all of the jurisdictions in a county: • Since the county and RA(s) all report in the EAR, CalRecycle recommends that the county coordinate with the RA(s) and discuss how they want to compile their data. For example, it would be acceptable if the data is for the county as a whole and not broken out by RA. In the EAR, regional agencies and the county could report the same data and explain that the data is for the county as a whole. Each reporting entity would need to include this information. The Facility Information Toolbox (FacIT) database can assist local jurisdictions in identifying organic facilities within a "reasonable vicinity" to comply with the Annual Reporting requirements in AB 1826. Please see the user guide (Tool to Identify and Map Waste Recycling Facilities (PDF, 1.8 MB)) to see how this tool may be able to help you. Also, see AB 876 (Organics Management Infrastructure Planning) Guidance and the associated AB 876 (Organics Management Infrastructure Planning) Calculator. An "Export to Excel" function is available on this calculator and can be uploaded to this report using the "Document Management" button on the Additional Info tab of the Mandatory Commercial Organics Recycling (MORe) Section of this EAR. 1. An estimate of the amount of organic waste in cubic yards that will be disposed by the county or regional agency over a 15 -year period: a. An estimate of the additional organic waste recycling facility capacity in cubic yards that will be needed to process the amount of organic waste identified in #1 above: 2. Pursuant to AB 876 include areas identified as locations for new or expanded organic waste recycling facilities capable of safely meeting the additional organic waste recycling facility capacity need identified in #1a above. Page 25 of 28 Annual Report Summary: Tustin ( 2016) i ne ueparimeni wiu consiaer the rouowing types or questions in evaivaiing responses regaraing now you are or nave identified locations for new or expanded organic waste recycling facilities capable of safely meeting the additional organic waste recycling facility capacity need identified in #1 a above: 1. Have met as a county, regional agency, or even a broader geographic region to discuss areas or locations where new organics diversion facilities can be placed or existing facilities can be expanded? 2. Have you considered how different types of organics, e.g., food waste and yard waste, will affect your capacities and types of facilities you will need? 3. Have you already identified areas or sites through some type of public process? If so, please provide that information. If not, how and when will you go about doing this? 4. Have you assessed existing MRFs and diversion facilities that could be used for co -location, and assessed closed or abandoned sites that could be used again? 5. Have you identified existing diversion facilities in your area that are permitted to accept organics, and have you assessed the amount of additional material they can process? 6. Are there any existing contracts in place between the jurisdictions or facilities that could limit the amount of new organic material that can be taken to existing facilities? Per AB 1826 Chesbro (Chapter 727. Statutes of 2014), the following questions are to be answered by reporting jurisdictions for progress achieved in implementing commercial organics waste recycling program. 3. Please provide the names of organic waste recycling facilities within a reasonable vicinity and the capacities available for materials to be accepted at each facility. Waste Management CORe facility in Orange, American Organics in Victorville, CR&R's Perris AD Facility. All facilities have indicated that there is adequate capacity to accept additional organic material. 4. Please describe existing solid waste and organic waste recycling facilities within the jurisdiction that may be suitable for potential expansion or colocation of organic waste processing or recycling facilities. The OC Sanitation District may begin accepting engineered bioslurry for processing. 5. Please describe efforts of which the jurisdiction is aware that are underway to develop new private or public regional organic waste recycling facilities and the anticipated timeline for completion of those facilities. The County of Orange is in the planning stages of siting an organics processing facility on a closed or active landfill. The County indicated that the facility will be operational in 3-5 years. 6. Please provide a list of closed or abandoned sites that may be available for new organic waste recycling facilities. Santiago Canyon landfill in Orange. 7. Please describe other nondisposal opportunities or markets (on-site composting, etc.) available to covered entities in the jurisdiction. All generators can purchase any number of onsite organics processing technologies. Properties with larger parcels may be able to compost organic materials onsite. 8. Please describe efforts of which the jurisdiction has engaged in food waste prevention and recovery and opportunities available to covered entities in the jurisdiction (e.g. food donation, partnerships with local food runners and/or food banks, changes in local government and school programs to otherwise reduce and/or donate food waste). The City's consultant and its hauler emphasize edible food recovery when engaging with businesses to discuss AB 1826. To this end, the City has developed informal partnerships with WasteNotOC, Food Finders, and the Village of Hope. Information re: food rescue is included in informational brochures provided by the hauler. 9. If available, please describe appropriate zoning and permit requirements for siting a new organic waste recycling facility within your jurisdiction. NA Page 26 of 28 Annual Report Summary: Tustin ( 2016) any incentives avaiiaaie, IT any, Tor aeveioping new organic waste recycung jurisdiction. NA 11. Please describe any efforts the local jurisdiction is participating in or aware of to promote local markets for processed organic material (e.g. through jurisdiction purchases of material, education to residents/businesses to purchase materials). The City's hauler holds annual compost giveaways that are quite popular with residents. 12. Describe any waste and recycling service rate adjustments implemented or planned in your jurisdiction and how they target the diversion of organic waste and/or fund organics recycling infrastructure development. The City will issue an RFP in the near future that will seek to provide residential and commercial organics generators with flexible and cost-effective organics services. 13. Any Barriers? Yes Please indicate any known barriers to siting or expanding organic waste recycling facilities in the area, such as inability to site a facility locally and specific reasons like opposition of community groups or government officials, availability of markets, budgetary issues, public health and safety concerns, low population density, distance to markets, or cost to process material is prohibited due to small amount of material, etc. If there are identified barriers that are in the jurisdiction's control, please provide a summary of the jurisdiction's plan to remedy the barriers that are under its control. Cost, air regulations, opposition from residents and landholders. ENFORCEMENT, SELF -HAUL REQUIREMENTS, AND EXEMPTIONS The following elements do not need to be implemented as part of the jurisdiction's organic waste recycling program; however, if the jurisdiction implements any of these, then the jurisdiction is required to report on any efforts related to these provisions. 1. Has the jurisdiction implemented any enforcement measures for covered businesses (including multifamily) that are not in compliance? If so, please describe. No 2. Has the jurisdiction implemented any certification requirements for self -haulers? If so, please describe. The notification letters sent to Tier 1 &2 commercial and multi -family generators included a self -reporting form for internal organics programs. 3. Have any exemptions been granted? (Exemptions noted in the law include lack of sufficient space to provide additional bins, current business practices already result in a significant reduction in its organic waste (can be revoked 2020), the business does not generate at least one-half cubic yard of organic waste per week, limited term exemptions unforeseen events) If so, please describe. No formal exemptions have been granted to date. ADDITIONAL INFORMATION Is there anything else you would like to tell CalRecycle about unique or innovative efforts by your jurisdiction to reduce organic waste generation and increase diversion, about your jurisdiction's public education efforts, or about specific obstacles to reaching your jurisdiction's implementation of an organic recycling program? The City's hauler provides the service at 50% the cost of equivalent trash service, which has resulted in higher-than-expected participation and organics diversion levels. Page 27 of 28 Annual Report Summary: Tustin ( 2016) es, incivaing caicuimion awa Tor inrrasTrucTure Page 28 of 28 RFP Appendix 4 City of Tustin's CalRecycle 2016 Disposal Reporting System (DRS) Tonnage Summary Electronic Disposal Reporting System (eDRS) Recent Disposal Report Filed for Tustin Accepted Year Waste Disposal Transformation ADC AIC 2017 44,312.93 34,565.22 892.29 8,725.19 0 2016 56,414.74 43,803.75 2,022.74 10,129.58 0 2015 57,133.99 43,740.67 2,309.31 10,443.36 0 2014 49,684.29 40,675.03 1,997.00 6,766.37 0 2013 54,337.75 39,422.67 1,610.76 13,288.40 0 2012 46,916.06 38,288.23 1,359.68 7,248.43 0 2011 53,364.38 41,986.44 1,774.11 9,603.35 0 2010 73,400.91 63,386.49 1,077.80 8,936.21 0 2009 42,330.70 40,754.03 165.77 1,410.89 0 2008 88,348.02 81,915.25 4,111.59 2,319.25 0 2007 70,606.44 61,673.05 1,432.03 7,452.78 0 2006 89,153.57 74,473.72 4,459.68 10,214.67 0 * 2017 Data: Includes Q1 - Q3. Q4 data not available. Year/ Accepted Transformat Quarter Waste Disposal ion ADC AIC 2017/Q1 14304.1 10975.18 483.35 2812.63 0 2017/Q2 15206.79 12087.92 108.39 2947.65 0 2017/Q3 14802.04 11502.12 300.55 2964.91 0 2016/Q1 13835.59 10826.89 170.46 2798.94 0 2016/Q2 13752.62 10133.57 840.29 2665.33 0 2016/Q3 14216.4 11378.06 375.36 2270.33 0 2016/Q4 14610.13 11465.23 636.63 2394.98 0 2015/Q1 13568.42 10454.86 862.45 2224.99 0 2015/Q2 14678.92 11131.18 572.61 2641.74 0 2015/Q3 14787.8 11168.34 519.03 2907.5 0 2015/Q4 14098.85 10986.29 355.22 2669.13 0 2014/Q1 12034.79 10047.22 497.07 1485.62 0 2014/Q2 12158.25 9826.84 396.55 1848.51 0 2014/Q3 13093.17 10260.18 754.59 1991.74 0 2014/Q4 12398.08 10540.79 348.79 1440.5 0 2013/Q1 11366.87 9301.75 322.52 1742.26 0 2013/Q2 18358.82 9973.09 376.05 8002.52 0 2013/Q3 12706.64 10317.43 430.89 1950.25 0 2013/Q4 11905.42 9830.4 481.3 1593.37 0 2012/Q1 10337.07 8920.21 424.06 973.57 0 2012/Q2 12405.02 9675.54 452.4 2276.72 0 2012/Q3 11755.37 9413.31 375.44 1966.5 0 2012/Q4 12418.6 10279.17 107.78 2031.64 0 2011/Q1 12741.97 9853.94 302.15 2585.79 0 2011 /Q2 13530.89 10545.31 457.56 2527.82 0 2011 /Q3 15022.69 12322.41 457.34 2242.89 0 2011 /Q4 12068.83 9264.78 557.06 2246.85 0 2010/Q1 31695.8 29007.78 26.59 2661.43 0 2010/Q2 16715.62 14007.92 336.6 2370.94 0 2010/Q3 13004.43 10509.47 352.04 2142.79 0 2010/Q4 11985.06 9861.32 362.57 1761.05 0 2009/Q1 10668.26 10375.18 37.89 255.19 0 2009/Q2 10967.74 10468.62 55.51 443.61 0 2009/Q3 11075.57 10587.98 45.95 441.64 0 2009/Q4 9619.13 9322.25 26.42 270.45 0 2008/Q1 42738.6 41936.68 36.29 765.56 0 2008/Q2 17179.63 16300.02 36.91 842.7 0 2008/Q3 14194 13627.14 182.03 384.79 0 2008/Q4 14235.79 10051.41 3856.36 326.2 0 2007/Q1 21039.39 18025.2 1044.03 1927.59 0 2007/Q2 20646.98 17995.34 300.19 2351.06 0 2007/Q3 12453.39 10027.4 48.88 2374.12 0 2007/Q4 16466.68 15625.11 38.93 800.01 0 2006/Q1 20947.69 17162.69 1334.79 2447.81 0 2006/Q2 24051.44 20340.05 876.17 2834.33 0 2006/Q3 22432.02 18431.16 1204.6 2795.19 0 2006/Q4 21722.42 18539.82 1044.12 2137.34 0 Year/ Accepted Transformatio County Quarter Status Waste Disposal n ADC Los Angeles 2017/Q1 Due 639.1 220.91 385.25 0 Orange 2017/Q1 Received 13424.31 10709.1 2715.2 Riverside 2017/Q1 Due 45.17 45.17 0 Stanislaus 2017/Q1 Due 98.1 0 98.1 0 Ventura 2017/Q1 Received 97.42 0 97.42 Los Angeles 2017/Q2 Due 525.58 435.29 27.46 0 Orange 2017/Q2 Received 14452.76 11626.85 2825.9 Riverside 2017/Q2 Due 23.31 23.31 0 Stanislaus 2017/Q2 Due 80.93 0 80.93 0 Ventura 2017/Q2 Received 124.21 2.47 121.74 Los Angeles 2017/Q3 Due 700.01 377.04 288.51 0 Orange 2017/Q3 Received 13989.27 11119.63 2869.6 Stanislaus 2017/Q3 Due 12.04 0 12.04 0 Ventura 2017/Q3 Received 100.72 5.45 95.27 Los Angeles 2016/Q1 Finalized 194.86 80.86 74.7 0 Orange 2016/Q1 Finalized 13328.04 10682.79 2645.3 Riverside 2016/Q1 Finalized 62.81 62.81 0 Stanislaus 2016/Q1 Finalized 95.76 0 95.76 0 Ventura 2016/Q1 Finalized 154.12 0.43 153.69 Los Angeles 2016/Q2 Finalized 919.83 60.62 745.78 0 Orange 2016/Q2 Finalized 12577.49 10020.54 2557 Riverside 2016/Q2 Finalized 38.91 38.91 0 Stanislaus 2016/Q2 Finalized 94.51 0 94.51 0 Ventura 2016/Q2 Finalized 121.88 13.5 108.38 Los Angeles 2016/Q3 Finalized 599.22 113.3 293.27 0 Orange 2016/Q3 Finalized 13323.14 11208.09 2115.1 Riverside 2016/Q3 Finalized 56.57 56.57 0 Stanislaus 2016/Q3 Finalized 82.09 0 82.09 0 Ventura 2016/Q3 Finalized 155.38 0.1 155.28 Los Angeles 2016/Q4 Finalized 804.72 143.37 548.06 0 Orange 2016/Q4 Finalized 13549.42 11270.04 2279.4 Riverside 2016/Q4 Finalized 44.78 44.78 0 Stanislaus 2016/Q4 Finalized 88.57 0 88.57 0 Ventura 2016/Q4 Finalized 122.64 7.04 115.6 Fresno 2015/Q1 Finalized 0.2 0.2 0 Los Angeles 2015/Q1 Finalized 974.72 174.58 774.02 0 Orange 2015/Q1 Finalized 12455.86 10230.87 2225 Riverside 2015/Q1 Finalized 49.21 49.21 0 Stanislaus 2015/Q1 Finalized 88.43 0 88.43 0 Los Angeles 2015/Q2 Finalized 1088.19 278.68 476.28 0 Orange 2015/Q2 Finalized 13238.31 10664.09 2574.2 Riverside 2015/Q2 Finalized 170.37 170.21 0 Stanislaus 2015/Q2 Finalized 96.33 0 96.33 0 Ventura 2015/Q2 Finalized 85.72 18.2 67.52 Los Angeles 2015/Q3 Finalized 709.8 141.68 375.19 0 Orange 2015/Q3 Finalized 13635.77 10913.23 2722.5 Riverside 2015/Q3 Finalized 106.87 106.87 0 Stanislaus 2015/Q3 Finalized 143.84 0 143.84 0 Ventura 2015/Q3 Finalized 191.52 6.56 184.96 Los Angeles 2015/Q4 Finalized 412.24 72.02 252.01 0 Orange 2015/Q4 Finalized 13435.07 10898.56 2536.5 Riverside 2015/Q4 Finalized 15.71 15.71 0 Stanislaus 2015/Q4 Finalized 103.21 0 103.21 0 Ventura 2015/Q4 Finalized 132.62 0 132.62 Los Angeles 2014/Q1 Finalized 934.3 586.89 342.53 0 Orange 2014/Q1 Finalized 10758.74 9273.12 1485.6 Riverside 2014/Q1 Finalized 72.55 72.55 0 0 San Bernardin(2014/Q1 Finalized 114.66 114.66 0 Stanislaus 2014/Q1 Finalized 154.54 0 154.54 0 Kern 2014/Q2 Finalized 0.15 0.15 0 0 Los Angeles 2014/Q2 Finalized 436.83 41.76 308.72 0 Orange 2014/Q2 Finalized 11555.09 9706.58 1848.5 Riverside 2014/Q2 Finalized 17.01 17.01 0 0 San Bernardi n(2014/Q2 Finalized 61.34 61.34 0 Stanislaus 2014/Q2 Finalized 87.83 0 87.83 0 Fresno 2014/Q3 Finalized 0.5 0.5 0 Los Angeles 2014/Q3 Finalized 824.44 69.43 668.35 0 Orange 2014/Q3 Finalized 11961.81 9970.07 1991.7 Riverside 2014/Q3 Finalized 220.18 220.18 0 0 Stanislaus 2014/Q3 Finalized 86.24 0 86.24 0 Fresno 2014/Q4 Finalized 0.4 0.4 0 Los Angeles 2014/Q4 Finalized 429.33 102.04 259.29 0 Orange 2014/Q4 Finalized 11841.47 10400.97 1440.5 Riverside 2014/Q4 Finalized 23.61 23.61 0 Stanislaus 2014/Q4 Finalized 89.5 0 89.5 0 Ventura 2014/Q4 Finalized 13.77 13.77 0 Fresno 2013/Q1 Finalized 0.07 0.07 0 Los Angeles 2013/Q1 Finalized 238.56 67.79 170.41 0.02 Orange 2013/Q1 Finalized 10858.35 9116.11 1742.2 Riverside 2013/Q1 Finalized 1.31 1.31 0 0 San Bernardin(2013/Q1 Finalized 108.83 108.83 0 Stanislaus 2013/Q1 Finalized 152.11 0 152.11 0 Ventura 2013/Q1 Finalized 7.64 7.64 0 Fresno 2013/Q2 Finalized 0.04 0.04 0 Los Angeles 2013/Q2 Finalized 250.75 41.78 201.8 0.01 Orange 2013/Q2 Finalized 11684.68 9703.27 0 1981.4 Riverside 2013/Q2 Finalized 1.25 1.25 0 0 San Bernardi n(2013/Q2 Finalized 226.75 226.75 0 Stanislaus 2013/Q2 Finalized 174.25 0 174.25 0 Ventura 2013/Q2 Finalized 6021.1 0 6021.1 Fresno 2013/Q3 Finalized 0.21 0.21 0 Los Angeles 2013/Q3 Finalized 381.43 88.95 284.36 0.05 Orange 2013/Q3 Finalized 11916.82 10069.34 1847.5 San Bernardi n(2013/Q3 Finalized 140.01 140.01 0 Stanislaus 2013/Q3 Finalized 146.53 0 146.53 0 Ventura 2013/Q3 Finalized 121.64 18.92 102.72 Los Angeles 2013/Q4 Finalized 368.8 60.64 307.81 0 Orange 2013/Q4 Finalized 11231.84 9638.47 1593.4 Riverside 2013/Q4 Finalized 0.45 0.45 0 0 San Bernardi n(2013/Q4 Finalized 124.86 124.86 0 Stanislaus 2013/Q4 Finalized 173.49 0 173.49 0 Ventura 2013/Q4 Finalized 5.98 5.98 0 Los Angeles 2012/Q1 Finalized 405.97 37.85 356.18 0 Orange 2012/Q1 Finalized 9766.98 8795.35 0 971.63 San Bernardin(2012/Q1 Finalized 85.69 85.69 0 Stanislaus 2012/Q1 Finalized 67.88 0 67.88 0 Ventura 2012/Q1 Finalized 10.55 1.32 1.94 Los Angeles 2012/Q2 Finalized 357.16 45.02 311.76 0.02 Orange 2012/Q2 Finalized 11644.29 9367.59 2276.7 Riverside 2012/Q2 Finalized 0.94 0.94 0 0 San Bernardi n(2012/Q2 Finalized 248.95 248.95 0 Stanislaus 2012/Q2 Finalized 140.64 0 140.64 0 Ventura 2012/Q2 Finalized 13.04 13.04 0 Los Angeles 2012/Q3 Finalized 292.27 34.84 257.31 0 Orange 2012/Q3 Finalized 11168.49 9201.99 1966.5 San Bernardi n(2012/Q3 Finalized 169.43 169.43 0 Stanislaus 2012/Q3 Finalized 118.13 0 118.13 0 Ventura 2012/Q3 Finalized 7.05 7.05 0 Los Angeles 2012/Q4 Finalized 33.09 5.94 27.14 0 Orange 2012/Q4 Finalized 12143.05 10111.41 2031.6 Riverside 2012/Q4 Finalized 56.29 56.29 0 0 San Bernardi n(2012/Q4 Finalized 97.77 97.77 0 0 Stanislaus 2012/Q4 Finalized 80.64 0 80.64 0 Ventura 2012/Q4 Finalized 7.76 7.76 0 Los Angeles 2011/Q1 Finalized 299.52 55.34 244.09 0 Orange 2011/Q1 Finalized 12272.6 9686.81 2585.8 Riverside 2011/Q1 Finalized 0.49 0.49 0 San Bernardin(2011/Q1 Finalized 67.08 67.08 0 Stanislaus 2011/Q1 Finalized 58.06 0 58.06 0 Ventura 2011/Q1 Finalized 44.22 44.22 0 Los Angeles 2011/Q2 Finalized 411.94 38.85 372.89 0 Orange 2011/Q2 Finalized 12973.35 10445.53 2527.8 Riverside 2011/Q2 Finalized 4.85 4.85 0 San Bernardin(2011/Q2 Finalized 45.46 45.46 0 Stanislaus 2011/Q2 Finalized 84.67 0 84.67 0 Ventura 2011/Q2 Finalized 10.62 10.62 0 Los Angeles 2011/Q3 Finalized 585.85 230.04 355.29 0.47 Orange 2011/Q3 Finalized 13991.09 11748.67 2242.4 Riverside 2011/Q3 Finalized 297.47 297.47 0 San Bernardin(2011/Q3 Finalized 38.96 38.96 0 Stanislaus 2011/Q3 Finalized 102.05 0 102.05 0 Ventura 2011/Q3 Finalized 7.27 7.27 0 Los Angeles 2011/Q4 Finalized 535.58 77.9 457.54 0 Orange 2011/Q4 Finalized 11383.08 9136.23 0 2246.9 San Bernardin(2011/Q4 Finalized 38.96 38.96 0 Stanislaus 2011/Q4 Finalized 99.52 0 99.52 0 Ventura 2011/Q4 Finalized 11.69 11.69 0 Kern 2010/Q1 Finalized 0.08 0.08 0 Los Angeles 2010/Q1 Finalized 19550.78 19524.19 26.59 0 Orange 2010/Q1 Finalized 12134.3 9472.87 2661.4 Riverside 2010/Q1 Finalized 3.26 3.26 0 San Bernardin(2010/Q1 Finalized 1.38 1.38 0 Ventura 2010/Q1 Finalized 6 6 0 Kern 2010/Q2 Finalized 0.08 0.08 0 Los Angeles 2010/Q2 Finalized 4732.03 4395.27 336.6 0 Orange 2010/Q2 Finalized 11943.91 9572.97 2370.9 San Bernardin(2010/Q2 Finalized 5.87 5.87 0 Ventura 2010/Q2 Finalized 33.73 33.73 0 Kern 2010/Q3 Finalized 0.17 0.17 0 Los Angeles 2010/Q3 Finalized 370.59 18.42 352.04 0 Orange 2010/Q3 Finalized 12629.96 10487.17 2142.8 San Bernardin(2010/Q3 Finalized 3.71 3.71 0 Kern 2010/Q4 Finalized 0.07 0.07 0 Los Angeles 2010/Q4 Finalized 463.26 100.15 362.57 0.42 Orange 2010/Q4 Finalized 11505.92 9745.29 1760.6 Riverside 2010/Q4 Finalized 0.18 0.18 0 San Bernardin(2010/Q4 Finalized 0.24 0.24 0 Ventura 2010/Q4 Finalized 15.39 15.39 0 Kern 2009/Q1 Finalized 0.24 0.24 0 Los Angeles 2009/Q1 Finalized 105.4 77.27 28.13 0 Orange 2009/Q1 Finalized 10495.08 10239.89 255.19 Riverside 2009/Q1 Finalized 1.35 1.35 0 Stanislaus 2009/Q1 Finalized 9.76 0 9.76 0 Ventura 2009/Q1 Finalized 56.43 56.43 0 Kern 2009/Q2 Finalized 0.21 0.21 0 Los Angeles 2009/Q2 Finalized 158.24 103.74 45.88 8.62 Orange 2009/Q2 Finalized 10786.11 10351.12 434.99 Stanislaus 2009/Q2 Finalized 9.63 0 9.63 0 Ventura 2009/Q2 Finalized 13.55 13.55 0 Kern 2009/Q3 Finalized 0.29 0.29 0 Los Angeles 2009/Q3 Finalized 48.28 2.33 45.95 0 Orange 2009/Q3 Finalized 11013.49 10571.85 441.64 Riverside 2009/Q3 Finalized 6.86 6.86 0 Ventura 2009/Q3 Finalized 6.65 6.65 0 Kern 2009/Q4 Finalized 0.13 0.13 0 Los Angeles 2009/Q4 Finalized 90.68 64.25 26.42 0 Orange 2009/Q4 Finalized 9515.85 9245.4 270.45 San Bernardin(2009/Q4 Finalized 0.38 0.38 0 Ventura 2009/Q4 Finalized 12.09 12.09 0 Kern 2008/Q1 Finalized 0.66 0.66 0 Los Angeles 2008/Q1 Finalized 2598.95 2562.59 36.29 0 Orange 2008/Q1 Finalized 14111.05 13345.49 765.56 Riverside 2008/Q1 Finalized 25955.87 25955.87 0 Ventura 2008/Q1 Finalized 72.07 72.07 0 Kern 2008/Q2 Finalized 0.37 0.37 0 Los Angeles 2008/Q2 Finalized 286.25 258.54 27.71 0 Orange 2008/Q2 Finalized 14340.91 13498.21 842.7 Riverside 2008/Q2 Finalized 2486.03 2486.03 0 Stanislaus 2008/Q2 Finalized 9.2 0 9.2 0 Ventura 2008/Q2 Finalized 56.87 56.87 0 Kern 2008/Q3 Finalized 0.2 0.2 0 Los Angeles 2008/Q3 Finalized 197.86 15.78 182.03 0.01 Orange 2008/Q3 Finalized 13983.64 13598.86 384.78 Riverside 2008/Q3 Finalized 7.66 7.66 0 Ventura 2008/Q3 Finalized 4.64 4.64 0 Kern 2008/Q4 Finalized 0.34 0.34 0 Los Angeles 2008/Q4 Finalized 3861.47 27.26 3832.39 0 Orange 2008/Q4 Finalized 10327.67 10001.47 326.2 Riverside 2008/Q4 Finalized 8.54 8.54 0 Stanislaus 2008/Q4 Finalized 23.97 0 23.97 0 Ventura 2008/Q4 Finalized 13.8 13.8 0 Kern 2007/Q1 Finalized 0.27 0.27 0 0 Los Angeles 2007/Q1 Finalized 1454.72 368.12 1044.03 0 Orange 2007/Q1 Finalized 19584.4 17656.81 0 1927.6 Kern 2007/Q2 Finalized 0.61 0.61 0 0 Los Angeles 2007/Q2 Finalized 329.68 29.1 300.19 0 Orange 2007/Q2 Finalized 20311.86 17960.8 0 2351.1 Ventura 2007/Q2 Finalized 4.83 4.83 0 0 Kern 2007/Q3 Finalized 1.02 1.02 0 0 Los Angeles 2007/Q3 Finalized 141.72 86.85 48.88 3 Orange 2007/Q3 Finalized 12310.56 9939.44 0 2371.1 Ventura 2007/Q3 Finalized 0.09 0.09 0 0 Kern 2007/Q4 Finalized 0.23 0.23 0 0 Kings 2007/Q4 Finalized 0.13 0.13 0 Los Angeles 2007/Q4 Finalized 407.82 364.26 38.93 2 Orange 2007/Q4 Finalized 16048.89 15250.88 0 798.01 Ventura 2007/Q4 Finalized 9.61 9.61 0 0 Kern 2006/Q1 Finalized 10.04 10.04 0 0 Los Angeles 2006/Q1 Finalized 1486.14 148.95 1334.79 0 Orange 2006/Q1 Finalized 19451.51 17003.7 0 2447.8 Kern 2006/Q2 Finalized 7.69 7.69 0 0 Los Angeles 2006/Q2 Finalized 924.03 46.97 876.17 0 Orange 2006/Q2 Finalized 23119.72 20285.39 0 2834.3 Kern 2006/Q3 Finalized 4.87 4.87 0 0 Los Angeles 2006/Q3 Finalized 1501.87 296.2 1204.6 0 Orange 2006/Q3 Finalized 20925.28 18130.09 0 2795.2 Kern 2006/Q4 Finalized 0.74 0.74 0 0 Los Angeles 2006/Q4 Finalized 1124.52 79.26 1044.12 0 Orange 2006/Q4 Finalized 20597.16 18459.82 0 2137.3 RFP Appendix 5 List of Projected New Residential Developments at the Tustin Legacy Project Tustin Legacy SPA, GPA and SEIR July 5, 2017 Page 7 Table 1 Land Use Categories Designation Description Education Village Provides for a mix of public -serving, office, institutional, and/or government uses. Supporting office, research and development, and commercial uses are permitted to complement educational uses. Street Right -of -Way Accommodates local roads within the project. Does not include private drives or alleys. (ROW) The original WAS Tustin Specific Plan contained 22 Planning Areas. To better achieve the land use objectives of this amended plan, some of the Planning Areas have been combined. Overall consistency between the numbering system and location of the Planning Areas has been maintained. Table 2: Land Use Plan Statistical Summary provides the statistical summary and comparison of the original and proposed Specific Plan by Planning Area. Table 2 Land Use Plan Statistical Summary Adopted Specific Plan Proposed Amended BuifllApproved Remaining Specific Plan Difference PA Land Use Speafic Plan Acres (Proposed - max Max Non. Max Non• Non Non Residential residential Residential residential Current) Residential residential Residential residential Units Sq. Ft. Units Sq. FL 1 Education 120 2,279,050 2,254,200 (24,850) Sq Ft 210,564 2,043,636 Village 2 P Com 29 40,531 1,000 (39,531) Sq Ft 2,000 -1,000 Transitional/ 192 192 192 3 Emergency 5 No Change Sq Ft 0 0 Housing 133,294 133,294 133,294 4-5 Residential 106 925 - 895 - (30) DU 895 0 0 6 County 85 574,992 - 574,992 No Change 574,992 Regional Park 7 Commercial 21 248,292 248,292 No Change 248,292 0 Recreation/ 8 Entertainment 190 1,976,692 1,547,690 (429,002) Sq Ft 1,547,690 Core 9-12 Commerciall 117 - 1,267,324 1,588,198 320,874 Sq Ft 870,000 718,198 Business 13-14 MiUse 124 891 2,780,587 1,672 x,000 781 DU 376 1,296 606,000 Sq Ft Urban(2,174,587) 15 Mixed -Use 271 1,214 503,410 2,814 1,095,200 1,600 DU 567 2,247 1,095,200 591,790 Sq Ft Transit 16-19 Commercial 103 - 1,483,553 - 1,483,553 No Change 1,016,000 467,553 20 Residential 29 376 - 376 - No Change 376 0 21 Residential 127 793 654 (139) DU 654 0 22 Residential 73 402 402 No Change 402 0 ROW 206 0 2,212 DU TOTAL 1,606 4,601 11,267,725 6,813 9,532,419 3,270 2,480,150 3,543 7,052,269 (1,755,306) Sq Ft RFP Appendix 6 City Landfill Contract with County of Orange AMENDMENT TO WASTE DISPOSAL AGREEMENT Between THE COUNTY OF ORANGE, CALIFORNIA County Amendment Authorization Date .2016 County Notice Address: Director OC Waste and Recycling 300 N. Flower. Suite 400 Santa Ana, CA 92703 2016 Amendment to Waste Disposal Agreement and the CITY OF TUSTIN \ 1 2016 City Amendment Authorization Date: April 5. 2016 City Notice Address: City Manager City of Tustin 300 Centennial Way Tustin, CA 92780 AMENDMENT TO WASTE DISPOSAL AGREEMENT THIS AMENDMENT TO WASTE DISPOSAL AGREEMENT (the "Amendment") is made and dated as of the date indicated on the cover page hereof between the County of Orange, a political subdivision of the State of California (the' -County"), and the City designated on the cover page of this Amendment, a general law or charter city and political subdivision of the State of California (the "City"). RECITALS The County owns, manages and operates a sanitary landfill system for the disposal of municipal solid waste generated by the cities and the unincorporated area within the County (the "Disposal System"). The Disposal System includes three active landfills and four regional household hazardous waste collection centers. The Disposal System is used for the disposal of municipal solid waste which is not reused, recycled or otherwise diverted from landfill disposal, pursuant to the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code) (the "Act"). The County has entered into waste disposal agreements in 2009 (the "Original Waste Disposal Agreements") with all of the cities in the County, including the City, as well as certain sanitary districts located in the County (the "Participating Cities"), pursuant to which the County agreed to provide disposal capacity for waste generated in or under the control of the Participating Cities, and the Participating Cities agreed to deliver or cause the delivery of waste generated in or under the control of the Participating Cities to the Disposal System, as more specifically set forth in, and subject to the terms and conditions of, the Original Waste Disposal Agreements. The City has determined that the execution of this Amendment by the City is in the best interest of the City and will serve the public health, safety and welfare by providing greater disposal rate stability, more predictable and reliable long-term disposal service, and sound environmental management. The County has determined that the execution by the County of this Amendment will serve the public health, safety and welfare by providing a more stable, predictable and reliable supply of municipal solid waste and the resulting service payment revenue to the Disposal System, thereby enabling the County to plan, manage, operate and finance improvements to the Disposal System on a more prudent and sound long term, businesslike basis consistent with its obligations to the State and the holders of obligations secured by its Disposal System. Official action approving this Amendment and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the County on the County authorization date indicated on the cover page hereof. Official action approving this Amendment and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the City on the City authorization date indicated on the cover page hereof. It is, therefore, agreed as follows: 2016 Amendment to Waste Disposal Agreement Section 1. Amendment to Ori ing aL I Waste Disposal Agreement. (a) Sections 3.6(C) and 3.6(E) of the Original Waste Disposal Agreement are deleted and replaced in their entirety, as set forth below: "(C) Receipt of Imported Acceptable Waste on a Contract Basis. Throughout the Term hereof, the County shall have the right to enter into a contract or other agreement with any municipal or private non -County entity for the delivery of Imported Acceptable Waste on terms and conditions that the County determines to be necessary to ensure and enhance the viability of the Disposal System for the benefit of the County and the Participating Cities and to generate Net Import Revenues. The County certifies that in its good faith judgment the contract or other agreement for the delivery of such waste will not materially and adversely affect the ability of the County to receive and dispose of Acceptable Waste from the Participating Cities in accordance with the applicable Disposal Agreements throughout the Term thereof. " "(E) Application and Use of Revenues From Other Users. (1) Throughout the term hereof, all revenues received by the County from the disposal of County Acceptable Waste by the Disposal System, and all revenues received by the County from the disposal of Imported Acceptable Waste by the Disposal System (including amounts received by the County as a result of the failure of contract counterparties to deliver minimum required amounts of Imported Acceptable Waste) , shall be deposited by the County in the County OC Waste & Recycling Enterprise Fund and shall constitute revenues of the Disposal System. Pursuant to the County's Plan of Adjustment, the County is entitled to receive net revenues (after payment of all costs attributable to the acceptance of such Imported Acceptable Waste at the Disposal System) ("Net Import Revenues") from the disposal of Imported Acceptable Waste by the Disposal System. Costs attributable to the disposal of Imported Acceptable Waste include deposits to the Environmental Fund, deposits to closure and postclosure reserves, City host fees (if applicable), operating costs (such as manpower expenditures, equipment, services and supplies expenditures), state surcharges, and a pro rata share of capital project costs. Net Import Revenues shall be used for the payment of bankruptcy related obligations until payment in full of such bankruptcy related obligations required to be paid from such Net Import Revenues pursuant to the Plan of Adjustment. It is estimated that payment in full of such bankruptcy related obligations required to be paid from such Net Import Revenues pursuant to the Plan of Adjustment will occur by the end of Fiscal Year 2017-18. (2) Until the County's obligation to apply Net Import Revenues for the payment of bankruptcy related obligations in accordance with the Plan of Adjustment has been satisfied in full, Net Import Revenues shall be calculated as provided in Section (3.6)(E)(1). For any period after the County's obligation to apply Net Import Revenues for the payment of bankruptcy related obligations in accordance with the Plan of Adjustment has been satisfied in full, Net Import Revenues shall be calculated as follows: (i) in Fiscal Year 2017-18, Net Import Revenues for each ton of Imported Acceptable Waste received shall be equal to the revenues received for the disposal of such ton of Imported Acceptable Waste (excluding any newly established per -ton fees or increases to existing per -ton fees with respect to Imported Acceptable Waste payable to the State, other regulatory agencies or cities in which facilities in the Disposal System are located) in excess of $17.57 per ton; (ii) in Fiscal Year 2018-19, Net Import Revenues for each ton of Imported Acceptable Waste received shall be equal to the revenues received for the disposal of such ton of Imported 2016 Amendment to Waste Disposal Agreement Acceptable Waste (excluding any newly established per -ton fees or increases to existing per -ton fees with respect to Imported Acceptable Waste payable to the State, other regulatory agencies or cities in which facilities in the Disposal System are located) in excess of$18.0E per ton; (iii) in Fiscal Year 2019-20, Net Import Revenues for each ton of Imported Acceptable Waste received shall be equal to the revenues received for the disposal of such ton of Imported Acceptable Waste (excluding any newly established per -ton fees or increases to existing per -ton fees with respect to Imported Acceptable Waste payable to the State, other regulatory agencies or cities in which facilities in the Disposal System are located) in excess in excess of $18.46 per ton; and (iv) thereafter, Net Import Revenues shall be equal to 30% of the revenues received by the County from the disposal of Imported Acceptable Waste (excluding any newly established per -ton fees or increases to existing per -ton fees with respect to Imported Acceptable Waste payable to the State, other regulatory agencies or cities in which facilities in the Disposal System are located). (3) After the County's obligation to apply Net Import Revenues for the payment of bankruptcy related obligations in accordance with the Plan of Adjustment has been satisfied in full (i) 50% of any Net Import Revenues (as calculated pursuant to Section 3.6(E)(2)) shall be paid to the County General Fund; and (ii) 50% of such Net Import Revenues shall be paid to the Participating Cities (and to the County, with respect to the unincorporated area) listed in Appendix 5 for use for any purpose by the Participating City, including but not limited to state mandated solid waste programs. Payments of such amounts to the County General Fund and the Participating Cities shall be made by the County within 90 days after the end of each fiscal year. The portion of Net Import Revenues specified above payable to the Participating Cities shall be apportioned in the percentages set forth in Appendix 5. (4) The percentages set forth in Appendix 5 with respect to each Participating City will be adjusted at the end of Fiscal Year 2019-20 to reflect the percentage of actual deliveries of Acceptable Waste from each Participating City as compared to the total amount of actual deliveries from all of the Participating Cities during Fiscal Years 2017-18, 2018-19, and 2019-20. The County shall notify each Participating City of the revised percentages in Appendix 5 within 120 days after the end of Fiscal Year 2019-20. The revised percentages will be used for the allocation of Net Import Revenues generated during Fiscal Year 2020-21 and thereafter. (b) Section 4.2(A)(z) is added to the Original Waste Disposal Agreement (immediately following Section 4.2(A)(y)) as follows: "(z) decrease the amount of Net Import Revenues otherwise payable to the County General Fund and the Participating Cities pursuant to Section 3.6(E)(2) and Section 3.6(E)(3) and use the amount of such decrease to pay costs of the Disposal System." (c) Section 6.](A) and Section 6.1(B) of the Original Waste Disposal Agreement are deleted and replaced in their entirety with the following: 2016 Amendment to Waste Disposal Agreement "SECTION 6.1 EFFECTIVE DATE AND TERM. (A) Initial Term. This Agreement shall continue in full force and effect until June 30, 2025, unless earlier terminated in accordance with its terms, in which event the Term shall be deemed to have expired as of the date of such termination. (B) Option to Renew. This Agreement shall be subject to renewal by mutual agreement of the parties, on or before June 30, 2023, for an additional term of ten years (the "Renewal Term") on the same terms and conditions as are applicable during the Initial Term hereof. The City shall give the County written notice of its irrevocable election to renew this Agreement on or before June 30, 2022. If the parties do not renew this Agreement by June 30, 2023, the Agreement shall expire on June 30, 2025." (d) The first sentence of Section 6.1(C) of the Original Waste Disposal Agreement is deleted in its entirety and replaced with the following: "In connection with the parties' right to renew this Agreement for an additional ten-year term pursuant to Section 6.1(B), the parties shall, on or before June 30, 2023, negotiate an applicable change in the Contract Rate for such renewal term." (e) Appendix 2 of the Original Waste Disposal Agreement is deleted in its entirety and replaced with the form attached hereto. (f) Appendix 5 shall be added to the Original Waste Disposal Agreement as a new appendix, in the form attached hereto. (g) All other terms and conditions of the Original Waste Disposal Agreement shall remain in full force and effect. Section 2. Initial Payment. As consideration for the execution of this Amendment by all of the Participating Cities, and subject to the occurrence of the Amendment Effective Date pursuant to Section 3, the County agrees to pay, from the County OC Waste & Recycling Enterprise Fund, the Amendment Payment to the Participating Cities listed in Appendix 5. The aggregate Amendment Payment shall be $5,400,000, and shall be distributed to the individual Participating Cities (including the City) in the percentages set forth in Appendix 5 by September 30, 2016. Section 3. Effectiveness of Amendment. The provisions of this Amendment shall not become effective unless and until the Amendment has been executed by the County and all of the Participating Cities. The date on which the County and all of the Participating Cities have executed the Amendment shall be the "Amendment Effective Date." The County shall give written notice of the Amendment Effective Date to the City. In the event that the Amendment Effective Date does not occur by June 30, 2016, this Amendment shall be automatically terminated and the County shall have no obligation to make the Amendment Payment. Section 4. REPRESENTATIONS AND WARRANTIES OF THE PARTIES. Each of the parties to this Amendment represent and warrant that it is a political subdivision of the State of California validly existing under the Constitution and laws of the State and (ii) it has duly authorized the execution and delivery of this Amendment, and has duly executed and delivered the Amendment. 2016 Amendment to Waste Disposal Agreement All other terms and conditions of the 2009 Original Waste Disposal Agreement not specifically changed by this Amendment, shall remain in full force and effect. IN WITNESS WHEREOF. COUNTY and CITY have caused this Amendment to be executed by their duly authorized officers or representatives as of the day and year first above written. Date 4 /�A // b Date 4 . 1 • (%P Date APPROVED AS TO FORM: COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA By Z'�Z,,e mes Steinmann, Deputy 2016 Amendment to Waste Disposal Agreement COUNTY OF ORANGE By Dt t r, OC Was Recycling A By xi__— Parker e- City Manager City of Tustin [NAME] City Representative City of [CITY] APPENDIX 2 County Acceptable Waste Tonnage Target to be Used for Purposes of Section 4.2(b) 2016 Amendment to Waste Disposal Agreement APPENDIX 5 PARTICIPATING CITY ALLOCATION PURSUANT TO SECTION 3.6 city Allocation Percentage for Allocation of Purposes of Section 3.6 Initial Payment Anaheim 13.18% $711,509 Aliso Viejo 0.67 36,416 Buena Park 2.34 126,275 Brea 2.28 123,085 Costa Mesa 2.18 117,936 Costa Mesa Sanitary District 1.48 79,976 Cypress 2.56 138,115 Dana Point 0.99 53,278 Fullerton 4.10 221,271 Fountain Valley 1.76 95,217 Garden Grove/ GG Sanitary District 7.17 387,197 Huntington Beach 6.13 330,807 Irvine 8.22 444,036 Laguna Beach 1.14 61,796 Laguna Hills 0.74 40,098 Laguna Niguel 1.36 73,341 Laguna Woods 0.41 22,274 La Habra 1.69 91,431 Lake Forest 2.45 132,214 La Palma 0.32 17,325 Los Alamitos 0.58 31,362 Mission Viejo 2.42 130,902 Newport Beach 3.68 198,946 Orange 4.90 264,468 Placentia 1.58 85,116 Rancho Santa Margarita 1.11 60,009 Santa Ana 10.60 572,184 San Clemente 1.40 75,728 San Juan Capistrano 1.23 66,420 Seal Beach 0.82 44,292 Stanton 1.62 87,287 Tustin 1.42 76,648 Villa Park 0.21 11,081 Midway City Sanitary District (Westminster) 2.13 114,893 Yorba Linda 1.78 96,344 County Unincorporated 3.35 180,723 Totals 100% $5,400,000 2016 Amendment to Waste Disposal Agreement WASTE DISPOSAL AGREEMENT Between THE COUNTY OF ORANGE, CALIFORNIA and the CITY OF TUSTIN Dated ft, 2009 County Authorization Date: March 24, 2009 County Notice Address: Director OC Waste & Recycling 300 N. Flower Street, Suite 400 Santa Ana, CA 92703 Execution Copy City Authorization Date: City Notice Address: TABLE OF CONTENTS Page ARTICLE I DEFINITIONS AND INTERPRETATION Section1.1 DEFINITIONS..................................................................................................................................2 Section1.2 INTERPRETATION.........................................................................................................................7 ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1 REPRESENTATIONS AND WARRANTIES Of THE CITY........................................................8 Section 2.2 REPRESENTATIONS AND WARRANTIES OF THE COUNTY.................................................9 ARTICLE III DELIVERY AND ACCEPTANCE OF WASTE AND PROVISION OF DISPOSAL SERVICE Section3.1 DELIVERY OF WASTE..................................................................................................................9 Section 3.2 PROVISION OF DISPOSAL SERVICES BY THE COUNTY.....................................................11 Section 3.3 COUNTY RIGHT TO REFUSE WASTE......................................................................................12 Section 3.4 UNINCORPORATED AREA ACCEPTABLE WASTE...............................................................13 Section 3.5 MISCELLANEOUS OPERATIONAL MATTERS.......................................................................14 Section 3.6 OTHER USERS OF THE DISPOSAL SYSTEM..........................................................................14 Section 3.7 COUNTY PROVISION OF WASTE DIVERSION SERVICES...................................................15 ARTICLE IV CONTRACT RATE Section 4.1 CHARGING AND SECURING PAYMENT OF CONTRACT RATE.........................................15 Section4.2 CONTRACT RATE........................................................................................................................15 Section 4.3 RESPONSIBILITY FOR PAYMENT OF THE CONTRACT RATE...........................................21 Section 4.4 BILLING OF THE CONTRACT RATE........................................................................................21 Section 4.5 RESTRICTED RESERVES............................................................................................................21 Section 4.6 AUDITED FINANCIAL STATEMENTS......................................................................................22 Section 4.7 ANNUAL UPDATE OF TEN-YEAR FINANCIAL PROJECTION.............................................22 ARTICLE V BREACH, ENFORCEMENT AND TERMINATION Section5.1 BREACH........................................................................................................................................23 Section 5.2 CITY CONVENIENCE TERMINATION.....................................................................................23 Section5.3 TERMINATION.............................................................................................................................23 Section5.4 NO WAIVERS................................................................................................................................24 Section 5.5 FORUM FOR DISPUTE RESOLUTION......................................................................................24 ARTICLE VI TERM Section 6.1 EFFECTIVE DATE AND TERM..................................................................................................24 Section6.2 COMMENCEMENT DATE...........................................................................................................25 Execution Copy Section 7.1 Section 7.2 Section 7.3 Section 7.4 Section 7.5 Section 7.6 Section 7.7 Section 7.8 Section 7.9 Section 7.10 Section 7.11 Section 7.12 Section 7.13 Section 7.14 Section 7.15 Section 7.16 APPENDIX 1 ARTICLE VII GENERAL PROVISIONS OPERATION AND MAINTENANCE OF THE DISPOSAL SYSTEM.......................................26 UNCONTROLLABLE CIRCUMSTANCES GENERALLY........................................................26 INDEMNIFICATION..................................................................................................................... 27 RELATIONSHIP OF THE PARTIES............................................................................................27 LIMITEDRECOURSE..................................................................................................................27 PRE-EXISTING RIGHTS AND LIABILITIES.............................................................................27 NOVESTED RIGHTS...................................................................................................................28 LIABILITY FOR COLLECTION, TRANSPORTATION AND PROCESSING ..........................28 NO CONSEQUENTIAL OR PUNITIVE DAMAGES..................................................................28 AMENDMENTS............................................................................................................................28 NOTICEOF LITIGATION............................................................................................................28 FURTHERASSURANCES...........................................................................................................28 ASSIGNMENTOF AGREEMENT...............................................................................................28 INTEREST ON OVERDUE OBLIGATIONS...............................................................................28 BINDINGEFFECT........................................................................................................................28 NOTICES........................................................................................................................................28 ESTIMATED ANNUAL TONNAGE APPENDIX 2 CUMULATIVE TONNAGE TARGETS APPENDIX 3 CUMULATIVE CAPITAL COSTS APPENDIX 4 FORM OF HAULER ACKNOWLEDGEMENT ii Execution Copy WASTE DISPOSAL AGREEMENT THIS WASTE DISPOSAL AGREEMENT is made and dated as of the date indicated on the cover page hereof between the County of Orange, a political subdivision of the State of California (the "County"), and the City designated on the cover page of this Agreement, a general law or charter city and political subdivision of the State of California (the "City"). RECITALS The County owns, manages and operates a sanitary landfill system for the disposal of municipal solid waste generated by the cities and the unincorporated area within the County (the "Disposal System"). The Disposal System includes three active landfills and four regional household hazardous waste collection centers. The Disposal System is used for the disposal of municipal solid waste which is not reused, recycled or otherwise diverted from landfill disposal, pursuant to the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code) (the "Act"). The City, in the exercise of its police power and its powers under the Act, has entered into a franchise or other agreement with or issued permits or licenses to one or more private haulers for the collection and disposal of municipal solid waste generated within the City. A significant portion of municipal solid waste generated within the City historically has been and currently is delivered by such hauler or haulers to the County for disposal in the Disposal System. In 1997, the City and the County entered in a waste disposal agreement (the "Original WDA"), pursuant to which the County agreed to provide disposal capacity for waste generated in the City, and the City agreed to deliver or cause the delivery of waste generated in the City to the Disposal System, as more specifically set forth in, and subject to the terms and conditions of, the Original WDA. The Original WDA, as amended, will expire by its terms on June 30, 2010, unless the City and the County agree to renew the Original WDA. The City and the County desire to enter into this agreement to extend, amend and restate the Original WDA, on the terms and conditions set forth herein. The County and City acknowledge that the Original WDA shall remain in full force and effect until the Commencement Date. The City has determined that the execution of this Agreement by the City will serve the public health, safety and welfare of the City by providing greater disposal rate stability, more predictable and reliable long-term disposal service, and the continuation of sound environmental management. The County has determined that the execution by the County of this Agreement will serve the public health, safety and welfare by providing a more stable, predictable and reliable supply of municipal solid waste and the resulting service payment revenue to the Disposal System, thereby enabling the County to plan, manage, operate and finance improvements to the Disposal System on a more prudent and sound long term, businesslike basis consistent with its obligations to the State and the holders of obligations secured by its Disposal System. Official action approving this Agreement and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the County on the County authorization date indicated on the cover page hereof. Official action approving this Agreement and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the City on the City authorization date indicated on the cover page hereof. It is, therefore, agreed as follows: Execution Copy ARTICLE I DEFINITIONS AND INTERPRETATION SECTION 1.1 DEFINITIONS. As used in this Agreement, the following terms shall have the meanings set forth below. "Acceptable Waste" means all garbage, refuse, rubbish and other materials and substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection and which are normally disposed of by or collected from residential (single family and multi -family), commercial, industrial, governmental and institutional establishments and which are acceptable at Class III landfills under Applicable Law. "Act" means the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), as amended, supplemented, superseded and replaced from time to time. "Agreement" means this Waste Disposal Agreement between the County and the City as the same may be amended or modified from time to time in accordance herewith. "Appendix" means an appendix to this Agreement, as the same may be amended or modified from time to time in accordance with the terms hereof "Applicable Law" means the Act, the Orange County Code, CERCLA, RCRA, CEQA, any Legal Entitlement and any federal or state rule, regulation, requirement, guideline, permit, action, determination or order of any Governmental Body having jurisdiction, applicable from time to time to the siting, design, permitting, acquisition, construction, equipping, financing, ownership, possession, operation or maintenance of the Disposal System, the transfer, handling, transportation and disposal of Acceptable Waste, Unacceptable Waste, or any other transaction or matter contemplated hereby (including any of the foregoing which concern health, safety, fire, environmental protection, mitigation monitoring plans and building codes). "Board" means the California Integrated Waste Management Board. "Capital Costs" means all costs of the Disposal System that are classified as capital costs for purposes of the budget of the Department in accordance with procedures established by the County of Orange Auditor - Controller in compliance with the California State Controller's Manual, including but not limited to all of the categories of costs of the Disposal System reported as "Buildings and Improvements, and Infrastructure" (Object Code 4200) or "Equipment" (Object Code 4000) in the County of Orange — Chart of Accounts, or any successor accounting or reporting system utilized by the County. "CEQA" means the California Environmental Quality Act, codified at Cal. Pub. Res. Code Section 21000 et seq. as amended or superseded, and the regulations promulgated thereunder. "CERCLA" means the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.A. Section 9601 et seq., as amended or superseded, and the regulations promulgated thereunder. "Change in Law" means any of the following events or conditions which has a material and adverse effect on the performance by the parties of their respective obligations under this Agreement (except for payment obligations), or on the siting, design, permitting, acquisition, construction, equipping, financing, ownership, possession, operation or maintenance of the Disposal System or other matters to which Applicable Law applies: (1) the enactment, adoption, promulgation, issuance, material modification or written change in administrative or judicial interpretation on or after the Commencement Date of any Applicable Law (other than Applicable Law enacted by the County); (2) the order or judgment of any Governmental Body (other than the County), on or after the Commencement Date, to the extent such order or judgment is not the result of willful or negligent action, error or Execution Copy omission or lack of reasonable diligence of the County or of the City, whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence; or (3) the denial of an application for, delay in the review, issuance or renewal of, or suspension, termination, interruption, imposition of a new or more stringent condition in connection with the issuance, renewal or failure of issuance or renewal on or after the Commencement Date of any Legal Entitlement to the extent that such denial, delay, suspension, termination, interruption, imposition or failure materially and adversely interferes with the performance of this Agreement, if and to the extent that such denial, delay, suspension, termination, interruption, imposition or failure is not the result of willful or negligent action, error or omission or a lack of reasonable diligence of the County or of the City, whichever is asserting the occurrence of a Change in Law; provided, however that the contesting in good faith or the failure in good faith to contest any such denial, delay, suspension, termination, interruption, imposition or failure shall not be construed as such a willful or negligent action, error or omission or lack of reasonable diligence. A "Change in Law" shall include but not be limited to any new or revised requirements relating to the funding or provision of disposal services, including but not limited to any regulations for disposal operations or activities associated with the remediation, closure, funding or monitoring of closed sites with respect to facilities comprising the Disposal System, or facilities which the County previously utilized to provide waste disposal, transfer, recycling, processing or other waste related activities. "City" means, as applicable, the city or Sanitary District designated on the cover page of this Agreement and party to this Agreement. "City Acceptable Waste" means all Acceptable Waste which was originally diFcarded by the first generator thereof within the geographical limits of the City, and Residue from the foregoing ,vherever produced, whether within or outside the City (or Tonnage equivalencies of such Residues, as and to the extent provided in subsection 3.1(C) hereof). "Commencement Date" means the date on which the obligations of the parties hereto commence, established as provided in Section 6.2(B) hereof. "Contract Date" means the first date on which this Agreement has been executed by both parties hereto. "Contract Rate" has the meaning specified in Section 4.2 hereof. "Contract Year" means the fiscal year commencing on July 1 in any year and ending on June 30 of the following year. "Controllable Waste" means all City Acceptable Waste with respect to which the City has the legal or contractual ability to determine the disposal location therefor and which is: (1) Non -Recycled City Acceptable Waste; (2) not generated from the operations of the Governmental Bodies which, under Applicable Law, have the independent power to arrange for the disposal of the waste they generate; and (3) collected and hauled by Franchise Haulers. "County" means the County of Orange, a political subdivision of the State of California and party to this Agreement. "County Plan" means the integrated waste management plan of the County approved by the Board pursuant to the Act as in effect from time to time. Execution Copy "County Acceptable Waste" means Acceptable Waste generated in the County. "County OC Waste & Recycling Enterprise Fund" means the waste management enterprise fund established and managed by the County pursuant to Section 25261 of the Government Code separate from its other funds and accounts for receipts and disbursements in connection with the Disposal System. "County -wide Recycling Services" has the meaning set forth in subsection 3.7(A) hereof. "Cumulative Tonnage Target" for any given Contract Year means the amount specified in Appendix 2 hereto with respect to such Contract Year. "Department" means OC Waste & Recycling, and any agency, department or other Governmental Body which succeeds to the duties and powers thereof. "Disposal Agreements" means each of the waste disposal agreements entered into between the County and any city within the County, Sanitary District or operator of any Transfer Station located in the County in accordance herewith. "Disposal Services" means the solid waste disposal services to be provided by the County pursuant to the Service Covenant and otherwise hereunder. "Disposal System" means the Orange County Waste Disposal System which includes solid waste disposal operations at three active landfills (Olinda Alpha, Frank R. Bowerman and Prima Deshecha); four regional Household Hazardous Waste Collection Centers; as well as services, such as monitoring and other activities, at closed refuse stations formerly operated by the County, as appropriate under Applicable Law. "Environmental Fund" means the fund or funds held by the County to pay unanticipated costs of environmental mitigation, remediation or liability. "Franchise Hauler" means any hauler or collector who provides Acceptable Waste collection services within the City pursuant to, or under authority granted by, a permit, contract, franchise or other agreement with the City. The term Franchise Hauler includes the City itself if Acceptable Waste collection and transportation services are provided directly by City operated municipal collection service. "Governmental Body" means any federal, State, county, city or regional legislative, executive, judicial or other governmental board, agency, authority, commission, administration, court or other body, or any officer thereof acting within the scope of his or her authority. "Hazardous Substance" has the meaning given such term in CERCLA, the Carpenter -Presley -Tanner Hazardous Substance Account Act (California Health and Safety Code Section 25300 et seq.), and Titles 22 and 26 of the California Code of Regulations and other regulations promulgated thereunder. "Hazardous Waste" means (a) any waste which by reason of its quality, concentration, composition or physical, chemical or infectious characteristics may do either of the following: cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or pose a substantial threat or potential hazard to human health or the environment, or any waste which is defined or regulated as a hazardous waste, toxic substance, hazardous chemical substance or mixture, or asbestos under Applicable Law, as amended from time to time including, but not limited to: (1) the Resource Conservation and Recovery Act and the regulations contained in 40 CFR Parts 260-281; (2) the Toxic Substances Control Act (15 U.S.C. Sections 2601 et seq.) and the regulations contained in 40 CFR Parts 761-766; (3) the California Health and Safety Code, Section 25117 (West 1992 & Supp. 1996); (4) the California Public Resources Code, Section 40141 (West 1996); and (5) future additional or substitute Applicable Law pertaining to the identification, treatment, storage or disposal of toxic substances or hazardous wastes; or (b) radioactive materials which are source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C. Section 2011 et seq.) and the regulations contained in 10 CFR Part 40. 4 Execution Copy "Imported Acceptable Waste" means Acceptable Waste that is generated outside of the geographical boundaries of the County and delivered to the Disposal System. "Independent Haulers" means those waste collection/hauler companies primarily engaged as a principal business in the collection and transportation of municipal solid waste generated in the County of Orange which are not obligated to deliver County Acceptable Waste to the Disposal System pursuant to a franchise, contract, permit or other authorization with a city in the County. "Initial Term" has the meaning specified in Section 6.1(A) hereof. "Legal Entitlement" means all permits, licenses, approvals, authorizations, consents and entitlements of whatever kind and however described which are required under Applicable Law to be obtained or maintained by any person with respect to the Disposal System or the performance of any obligation under this Agreement or the matters covered hereby. "Legal Proceeding" means every action, suit, litigation, arbitration, administrative proceeding, and other legal or equitable proceeding having a bearing upon this Agreement. "Loss -and -Expense" means any and all loss, liability, obligation, damage, delay, penalty, judgment, deposit, cost, expense, claim, demand, charge, tax, or expense, including all fees and costs. "Net Import Revenues" has the meaning ascribed thereto in Section 3.6(E). "Non -Recycled City Acceptable Waste" means all City Acceptable Waste other than Recycled City Acceptable Waste. "Overdue Rate" means the maximum rate of interest permitted :.y the laws of the State, if applicable, or the prime rate established from time to time by the Bank of America, N.A. or its successors and assigns, plus 2%, whichever is lower. "Participating City" means any city or Sanitary District executing a Disposal Agreement in accordance with Section 3.6(A) hereof and meeting all requisite conditions to the Commencement Date thereof. "Plan of Adjustment" means the County's Modified Second Amended Plan of Adjustment, confirmed by the United States Bankruptcy Court Central District of California in that Conformed Order Confirming Modified Second Amended Plan of Adjustment, filed May 17, 1996. "Posted Disposal Rate" means the per ton tipping fee charged by the County for the disposal of solid waste at the Disposal System by parties which are not entitled to disposal service at the Contract Rate pursuant to this Agreement. "Prohibited Medical Waste" means any medical or infectious waste prohibited or restricted under Applicable Law from being received by or disposed at the Disposal System. "Qualified Household Hazardous Waste" means waste materials determined by the Board, the Department of Health Services, the State Water Resources Control Board, or the Air Resources Board to be: (1) Of a nature that they must be listed as hazardous in State statutes and regulations; (2) Toxic/ignitable/corrosive/reactive; and (3) Carcinogenic/mutagenic/teratogenic; which are discarded from households as opposed to businesses. Qualified Household Hazardous Waste shall not include Unacceptable Waste. Execution Copy "Recycled City Acceptable Waste" means any otherwise Controllable Waste which is separated from Acceptable Waste by the generator thereof or by processing and which is "recycled" within the meaning of Section 40180 of the Public Resources Code. "Renewal Term" has the meaning specified in Subsection 6.1(B) hereof. "Residue" means any material remaining from the processing, by any means and to any extent, of City Acceptable Waste or Recycled City Acceptable Waste; provided, however, that Residue shall not include minimal amounts of material remaining after such processing (which minimal amounts shall in no event exceed 10% of the amount of such City Acceptable Waste or Recycled City Acceptable Waste prior to processing). "Resource Conservation and Recovery Act" or "RCRA" means the Resource Conservation and Recovery Act, 42 U.S.C.A. Section 6901 et seq., as amended and superseded. "Restricted Reserves" has the meaning specified in Section 4.5. "Sanitary Districts" means the sanitary districts in the County formed pursuant to the Sanitary District Act of 1923, codified at Cal. Ann. Health & Safety Code Section 6400 et seq., as amended, supplemented, superseded and replaced from time to time. "Self -Hauled Waste" means City Acceptable Waste collected and hauled by Self -Haulers. "Self -Hauler" means any person not engaged commercially in waste haulage who collects and hauls Acceptable Waste generated from residential or business activities conducted by such person. "Service Coordinator" means the service coordinator for either party designated pursuant to subsection 3.5(C) hereof. "Service Covenant" means the covenants and agreements of the County set forth in Sections 3.2 and 3.3 hereof. "Source -Separated Household Hazardous Waste" means Qualified Household Hazardous Waste which has been segregated from Acceptable Waste originating or generated within the geographical jurisdiction of the City at the source or location of generation. "Source -Separated Household Hazardous Waste Disposal System" means the collection centers, facilities, contracts and other arrangements owned or administered by the County for the receipt, handling and disposal of Source -Separated Household Hazardous Waste. "State" means the State of California. "Term" shall mean the Term of this Agreement. "Ton" means a "short ton" of 2,000 pounds. "Transfer Station" means any materials recovery facility, composting facility, intermediate processing facility, recycling center, transfer station or other waste handling or management facility to which solid waste collected for the City is delivered for processing before disposal in the Disposal System. "Unacceptable Waste" means Hazardous Waste; Hazardous Substances; Prohibited Medical Waste; Qualified Household Hazardous Waste separated from Acceptable Waste; explosives, ordnance, highly flammable substances, and noxious materials and lead -acid batteries (except if delivered in minimal quantities); drums and closed containers; liquid waste, oil, human wastes; machinery and equipment from commercial or industrial sources, such as hardened gears, shafts, motor vehicles or major components thereof, agricultural equipment, trailers, marine Execution Copy vessels and steel cable; hot loads; and any waste which the Disposal System is prohibited from receiving under Applicable Law. "Uncontrollable Circumstance" means any act, event or condition affecting the Disposal System, the County, the City, or any of their Franchise Haulers, contractors or suppliers to the extent that it materially and adversely affects the ability of either party to perform any obligation under the Agreement (except for payment obligations), if such act, event or condition is beyond the reasonable control of and is not also the result of the willful or negligent act, error or omission or failure to exercise reasonable diligence on the part of the party relying thereon as justification for not performing an obligation or complying with any condition required of such party under the Agreement; provided, however, that the contesting in good faith or the failure in good faith to contest such action or inaction shall not be construed as willful or negligent action or a lack of reasonable diligence of either party. Examples of Uncontrollable Circumstances are: (1) an act of God, landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot or civil disturbance; and (2) a Change in Law. "Unincorporated Area" means those portions of the County which are not contained within the jurisdictional boundaries of incorporated cities. "Unincorporated Area Acceptable Waste" means Acceptable Waste originating from or generated within the Unincorporated Area. "Unrestricted Reserves" means cash and other reserves of the Disposal System which are not Restricted Reserves. "Waste Disposal Covenant" means the covenants and agreements of the City set forth in Section 3.1 hereof. SECTION 1.2 INTERPRETATION. In this Agreement, unless the context otherwise requires: (A) References Hereto. The terms "hereby", "hereof', "herein", "hereunder" and any similar terms refer to this Agreement, and the term "hereafter" means after, and the term "heretofore" means before, the Contract Date. (B) Gender and Plurality. Words of the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular number mean and include the plural number and vice versa. (C) Persons. Words importing persons include firms, companies, associations, general partnerships, limited partnerships, trusts, business trusts, corporations and other legal entities, including public bodies, as well as individuals. (D) Headines. The table of contents and any headings preceding the text of the Articles, Sections and subsections of this Agreement shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. (E) No Third Party Beneficiaries. Nothing in this Agreement is intended to confer on haulers or any other person other than the parties hereto and their respective permitted successors and assigns hereunder any rights or remedies under or by reason of this Agreement. (F) Counterparts. This Agreement may be executed in any number of original counterparts. All such counterparts shall constitute but one and the same Agreement. Execution Copy (G) Applicable Law. This Agreement shall be governed by and construed in accordance with the Applicable Laws of the State of California. (H) Severability. If any clause, provision, subsection, Section or Article of this Agreement shall be ruled invalid by any court of jurisdiction, then the parties shall: (1) promptly meet and negotiate a substitute for such clause, provision, subsection, Section or Article which shall, to the greatest extent legally permissible, effect the intent of the parties therein; (2) if necessary or desirable to accomplish item (1) above, apply to the court having declared such invalidity for a judicial construction of the invalidated portion of this Agreement; and (3) negotiate such changes in, substitutions for or additions to the remaining provisions of this Agreement as may be necessary in addition to and in conjunction with items (1) and (2) above to effect the intent of the parties in the invalid provision. The invalidity of such clause, provision, subsection, Section or Article shall not affect any of the remaining provisions hereof, and this Agreement shall be construed and enforced as if such invalid portion did not exist, unless such invalidity frustrates the underlying primary purpose of the Agreement. (I) Integration• Preservation of Certain Agreements. This Agreement contains the entire agreement between the parties with respect to the transactions contemplated hereby. This Agreement shall completely and fully supersede all prior understandings and agreements between the Parties with respect to such transactions; provided, however, that this Agreement shall not supersede the following agreements: 1) MOU, dated March 10, 1992, between the City of Brea and the County of Orange regarding the Olinda Alpha Landfill as amended on April 6, 1993 and November 29, 1994; 2) MOU, dated May 11, 1995, between the City of Brea and the County of Orange regarding importation of out-of-County waste to the Olinda Alpha Landfill; 3) Settlement Agreement, dated August 1, 1984, between the City of Irvine and the County of Orange regarding the Bee Canyon Landfill (currently called Frank R. Bowerman Landfill); 4) MOU, dated May 16, 1995, between the City of Irvine and the County of Orange regarding importation of out-of-County waste to the Frank R. Bowerman Landfill; 5) MOU, dated September 12, 1995, and amended November 21, 1995, between the City of San Juan Capistrano and the County of Orange regarding importation of out-of-County waste to the Prima Deshecha Landfill; 6) MOU, dated July 1, 1997, between the City of San Clemente[, the Orange County Flood Control District] and the County of Orange regarding the Prima Deshecha Landfill; and 7) Cooperative Agreement, dated August 15, 2006, between the County and the City of Irvine. (J) Recitals. The recitals to this Agreement are not intended to bind the parties hereto. In the event of a conflict between the recitals and the operative provisions of this Agreement, the operative provisions shall prevail. The recitals shall not be used to interpret the provisions of the Agreement. ARTICLE II REPRESENTATIONS AND WARRANTIES SECTION 2.1 REPRESENTATIONS AND WARRANTIES OF THE CITY. The City represents and warrants that: (A) Existence. The City is a general law or charter city validly existing under the Constitution and laws of the State. Execution Copy (B) Due Authorization. The City has duly authorized the execution and delivery of this Agreement, and this Agreement has been duly executed and delivered by the City. SECTION 2.2 REPRESENTATIONS AND WARRANTIES OF THE COUNTY. The County represents and warrants that: (A) Existence. The County is a political subdivision of the State of California validly existing under the Constitution and laws of the State. (B) Due Authorization. The County has duly authorized the execution and delivery of this Agreement, and this Agreement has been duly executed and delivered by the County. ARTICLE III DELIVERY AND ACCEPTANCE OF WASTE AND PROVISION OF DISPOSAL SERVICE SECTION 3.1 DELIVERY OF WASTE. (A) Waste Disposal Covenant. Subject to the occurrence of the Commencement Date and throughout the Term of this Agreement, the City shall exercise all legal and contractual power and authority which it may possess from time to time to deliver or cause the delivery of all Controllable Waste to the Disposal System in accordance herewith. (B) Recycled City Acceptable Waste. The parties hereto acknowledge the responsibility of the City to meet the recycling and landfill diversion goals contained in the Act. Nothing in this Agreement is intended or shall be interpreted to prohibit or Impair the ability of the City to meet such responsibilities, or to restrict the right of the residents, businesses or orgz;,izations in the City to practice source separation, recycling, composting or other materials recovery activities, or to restrict the right of the City to conduct, sponsor, encourage or require such activities in any form. No reduction in the amount of Controllable Waste generated in the City and delivered to the Disposal System by or on behalf of the City which may result from any such source separation or recycling program shall cause the City any liability hereunder (other than potential adjustment to the Contract Rate to the extent provided in Article IV hereof) and shall not constitute a breach of this Agreement. (C) Waste Delivered to Transfer Station. All Residue from any processing of Controllable Waste by materials recovery, composting, recycling or other means, wherever performed, shall constitute Controllable Waste and be subject to the Waste Disposal Covenant. Where City Acceptable Waste is processed at a facility which concurrently processes other Acceptable Waste in a manner which produces commingled residue which cannot be traced to a geographic source, generic residues from such facility in Tonnage equal to the residues that would have been produced had City Acceptable Waste only been processed at the facility shall constitute Controllable Waste and be subject to the Waste Disposal Covenant. Any City Acceptable Waste or material derived or segregated therefrom which is held in storage and asserted by the possessor thereof to constitute Recycled City Acceptable Waste awaiting sale or distribution to the secondary materials markets shall constitute Controllable Waste if, when and to the extent that the storage or diversion thereof can be reasonably deemed to constitute an evasion of the Waste Disposal Covenant rather than generally recognized, accepted and prevailing practice in the Southern California materials recovery and recycling industry conducted in accordance with Applicable Law. In order for the owner and/or operator of a transfer station to be entitled to deliver Acceptable Waste from a Participating City to the Disposal System for the Contract Rate as provided in Article IV, such owner and/or operator must execute a direct agreement with the County, acknowledging and agreeing to comply with the obligation of the Participating City to cause the delivery of all Controllable Waste to the Disposal System pursuant to this Agreement. In addition, the County shall be authorized to implement procedures to determine if Acceptable Waste delivered by the owners or operators of Transfer Stations is entitled to utilize the Disposal System for the Contract Rate. Such procedures may include requiring Transfer Stations to certify, under penalty of perjury, the source of any such Acceptable Waste. If necessary, the County may require that, in order to qualify for use of the Disposal System for the Contract Rate, Transfer Stations must deliver Controllable Waste in loads containing only Controllable Waste, and not commingled with Acceptable Waste from entities which are not Participating Cities or Participating Independent Haulers, Execution Copy (D) Power to Obligate Waste Disposal and Comply with this Agreement. On or before the Commencement Date, (i) any City franchise, contract, lease, or other agreement which is lawfully in effect relating to or affecting Controllable Waste shall provide, or shall have been amended to provide, that the City shall have the right without material restriction on and after the Commencement Date to direct the delivery of all Controllable Waste to a disposal location selected by the City (whether or not such Controllable Waste is delivered to a transfer station as an intermediate step prior to landfill disposal) and otherwise to comply with its obligations under this Agreement with respect to Controllable Waste and Franchise Haulers, and (ii) the City shall designate the Disposal System as the disposal location pursuant to such franchise, contract, lease or other agreement. On and after the Commencement Date and throughout the Term of this Agreement the City (a) shall not enter into any franchise, contract, lease, agreement or obligation, issue any permit, license or approval, or adopt any ordinance, resolution or law which is materially inconsistent with the requirements of the Waste Disposal Covenant, and (b) shall maintain non-exclusive or exclusive franchises or other contractual arrangements over any City Acceptable Waste which, as of the Contract Date, is subject to non-exclusive or exclusive franchise or other contractual arrangements. The City agrees that the County shall be a third party beneficiary of the obligation of Franchise Haulers to deliver Controllable Waste to the Disposal System, and may directly enforce such obligation through any legal means available. The City shall notify in writing each Franchise Hauler of the County's third party beneficiary rights. (E) Waste Flow Enforcement. (1) The City, in cooperation with the Department, shall establish, implement, carry out and enforce a waste flow enforcement program which is sufficient to assure the delivery of all Controllable Waste to the Disposal System pursuant to and in accordance with the Waste Disposal Covenant for disposal at the times and in the manner provided herein. The waste flow enforcement program shall consist of amending City franchises, permits or authorizations with all Franchise Haulers, to the extent required by this Section and to the extent allowed by law, and shall include in addition, to the extent necessary and appropriate in the circumstances to assure compliance with the Waste Disposal Covenant, but shall not be limited to: (i) licensing or permitting Franchise Haulers, upon the condition of compliance with the Waste Disposal Covenant, (ii) providing for and taking appropriate enforcement action under any such franchise, license, or permit, such as but not limited to the suspension, revocation and termination of collection rights and privileges, the imposition of fines or collection of damages, and the exercise of injunctive relief against non -complying Franchise Haulers and (iii) causing any Transfer Station to which .Controllable Waste is delivered for processing to deliver certification, under the penalty of perjury, of the amounts of Controllable Waste received and Residue remaining from processing at such Transfer Station. (2) The City acknowledges and agrees that in the event of a breach of the Waste Disposal Covenant by the City, the City shall pay the County an amount equal to the amount that the City would have been required to pay to the County had the Waste Disposal Covenant not been breached, which shall be calculated by (x) subtracting the number of tons actually delivered during the month(s) of the breach from the number of tons that were delivered during the same month(s) closest in time when there was no such breach, even if such month(s) closest in time was prior to the Term, and (y) multiplying such amount by the Contract Rate in effect at the time of such breach (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2). In the event that the County terminates the Waste Disposal Agreement as a result of such breach, the damages due as a result of such termination shall be equal to (aa) the average monthly deliveries by the City for the twelve months prior to the commencement of the breach multiplied by (bb) the Contract Rate in effect at the time of such breach (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2), multiplied by (cc) the number of months that would have remained in the Term of the Agreement had the termination not occurred. The parties recognize that if the City fails to meet its obligations hereunder, the County will suffer damages and that it is and will be impracticable and extremely difficult to ascertain and determine the exact amount of such damages. Therefore, the parties agree that the damages specified above represent a reasonable estimate of the amount of such damages, considering all of the circumstances existing on the date hereto, including the relationship of the sums to the range of harm to the County that reasonably could be anticipated and anticipation that proof of actual damages would be costly or inconvenient. In signing this Agreement, each party specifically confirms the accuracy of the statements made above and the fact that each party had ample opportunity to consult with legal counsel and obtain an explanation of this liquidated damage provision at the time that this Agreement was made. (F) Legal Challenges to Franchise System. The City shall use its best efforts to preserve, protect and defend its right to exercise and comply with the Waste Disposal Covenant against any challenge thereto, legal or otherwise (including any lawsuits against the City or the County, whether as plaintiff or defendant), by a 10 Execution Copy Franchise Hauler or any other person, based upon breach of contract, violation of law or any other legal theory. The City shall bear the cost and expense of any such Legal Proceeding or other challenge. In the event any such Legal Proceeding relating to the Waste Disposal Covenant or the City's exercise thereof establishes in a final determination that such covenant or exercise thereof is void, unlawful or unenforceable, or if any Franchise Hauler fails to deliver Controllable Waste to the Disposal System in breach of its franchise with the City on the grounds that a judicial determination made by any court or other Applicable Law has rendered its obligation to deliver Controllable Waste to the Disposal System void, unlawful or unenforceable on any legal grounds, with the result that actual waste deliveries to the Disposal System fall below the Cumulative Tonnage Targets, the County shall be entitled to avail itself of the remedies described in Section 4.2(B) hereof. (G) Franchise Haulers. The City shall compile and provide the Department with the following information concerning all Franchise Haulers: name, address and phone number; identification number; area of collection and transportation; and franchisc and permit terms. (H) Waste Information System. The City shall cooperate with the Department in collecting information and otherwise monitoring Franchise Haulers in order to assure compliance with this Agreement. Such information may include, to the extent practicable, data pertaining to Controllable Waste collected, transported, stored, processed and disposed of, Recycled City Acceptable Waste collected, transported, stored, processed and marketed or disposed of, Franchise Haulers' franchise, permit or license terms, collection areas, transportation routes and compliance with Applicable Law; and all other information which may reasonably be required by the Department in connection with this Agreement. The City agrees to include in any revised franchise, contract, license or permit or other authorization granted to Franchise Haulers an obligation of the Franchise Hauler to provide to the County information relating to the Controllable Waste collected by such Franchise Hauler, including origins from which such Controllable Waste was collected, tonnage by type of load (residential, commercial, roll -off box), customer service levels, tonnage delivered by transfer station or material recovery facility utilized, and other related information. (I) City Actions Affecting County. The City agrees to carry out and fulfill its responsibilities under this Agreement and Applicable Law so as to permit full and timely compliance by the County with its covenants and agreements with the State. In particular, the City agrees not to conduct, am:chorize or permit any disposal services for Controllable Waste to be provided in competition with the Disposal Services provided by the County hereunder, and not to take or omit to take any action with respect to Controllable Waste or its collection, transportation, transfer, storage, treatment or disposal that may materially and adversely affect the County's ability to achieve such timely compliance. Notwithstanding the foregoing, the City shall not be required to deny any permit or license or refuse to grant any approval while exercising its police powers. (J) No Right of Waste Substitution. Nothing in this Agreement shall authorize or entitle the City to deliver or cause the delivery to the Disposal System of Acceptable Waste originating from or generated outside the jurisdiction of the City, nor obligate the County to receive or dispose of any such Acceptable Waste. The City shall not assign in whole or in part its right to deliver or cause to be delivered Controllable Waste to the County hereunder, and shall not permit any Acceptable Waste originating from or generated outside the jurisdiction of the City to be substituted for Controllable Waste for any purpose hereunder. (K) Annexations and Restructurine. It is the intention of the parties that this Agreement and the obligations and rights of the City hereunder, including particularly the Waste Disposal Covenant and the Contract Rate, shall, to the extent permitted by Applicable Law, extend to any territory annexed by the City (or any territory with respect to which the City assumes, after March 30, 2008, solid waste management responsibility from a Sanitary District or other public entity) and shall bind any successor or restructured Governmental Body which shall assume or succeed to the rights of the City under Applicable Law. SECTION 3.2 PROVISION OF DISPOSAL SERVICES BY THE COUNTY. (A) Service Covenant. Commencing on the Commencement Date, the County shall provide or cause the provision of the service of (1) receiving and disposing of all Controllable Waste at the Disposal System (or such other facilities, including transfer stations, as the County may determine to use), (2) disposing in accordance with subsection 3.2(C) hereof of Controllable Waste which, at any time and for any reason, is in excess 11 Execution Copy of the disposal capacity of the Disposal System, and (3) in accordance with subsection 3.3(C) hereof, disposing of Unacceptable Waste inadvertently accepted at the Disposal System. The County, to the maximum extent permitted under Applicable Law, shall use its best efforts to keep the Olinda Alpha, Prima Deshecha and Frank R. Bowerman Landfills open for the receipt of waste for disposal or transfer of Controllable Waste pursuant to this Agreement. The County shall do and perform all acts and things which may be necessary or desirable in connection with its covenants in this subsection, including without limitation all planning, development, administration, implementation, construction, operation, maintenance, management, financing and contract work related thereto or undertaken in connection therewith. The County shall exercise all reasonable efforts to minimize the costs incurred in complying with the Service Covenant consistent with its responsibilities hereunder and under this Agreement, Applicable Law and prudent solid waste management practice and environmental considerations. (B) Particular Facilities. The Department and the City shall consult and cooperate in determining whether and to what extent from time to time other landfills other than that primarily used by the City shall be utilized to receive Controllable Waste. The Department shall immediately advise the City by telephone of any situation, event or circumstance which results in the partial or complete inability of the County to receive Controllable Waste at any particular landfill within the Disposal System, its effect on the County's ability to perform its obligations hereunder, and the County's best estimate of the probable duration. The Department shall confirm such advice in writing within 24 hours of the occurrence of any such inability. The County shall use its best efforts to resume normal operation of the landfill primarily used by the City as soon as possible. In the event of a temporary material increase in average daily deliveries of Controllable Waste from the City which the County reasonably believes could result in the permitted daily disposal capacity limit to be exceeded with respect to a particular landfill within the Disposal System, the County shall have the right to redirect the increased Controllable Waste to another landfill within the Disposal System for the duration of the increase in average daily deliveries; provided, however, that in such circumstances the County shall utilize reasonable efforts to first redirect waste which is not Controllable Waste. (C) Compliance with Service Covenant Not Excused for any Reason. Commencing on the Commencement Date, the obligations of the County to duly observe and comply with the Service Covenant shall apply continuously and without interruption for the Term of this Agreement. In the event that any Change in Law or other Uncontrollable Circumstance impairs or precludes compliance with the Service Covenant by the means or methods then being employed by the County, the County shall implement alternative or substitute means and methods to enable it to satisfy the terms and conditions of the Service Covenant. In the event that a Change in Law precludes the County from complying with such covenants with the means or methods then being employed and from utilizing any alternate or substitute means or methods of compliance, the County shall continuously use all reasonable efforts to effectuate executive, legislative or judicial change in or relief from the applicability of such law so as to enable the County lawfully to resume compliance with such covenants as soon as possible following the Change in Law. SECTION 3.3 COUNTY RIGHT TO REFUSE WASTE. (A) Right of Refusal. Notwithstanding any other provision hereof, the County may refuse delivery of: (1) Hazardous Waste; (2) Controllable Waste delivered at hours other than those provided in Section 3.5 hereof, (3) Waste that does not constitute Acceptable Waste; (4) Waste that is delivered by any party which has not executed a Waste Disposal Agreement; and (5) Controllable Waste consisting primarily of construction and demolition debris or inerts which may cause a particular facility's daily tonnage limit to be exceeded. 12 Execution Copy (B) Identification of Unacceptable Waste. The Department shall have the right (but not the duty or the obligation) to inspect the vehicles of all Franchise Haulers delivering material to the Disposal System, and may require that the Franchise Hauler remove any Unacceptable Waste from such vehicle before it is unloaded. If the Department determines that it is impractical to separate Controllable Waste from Unacceptable Waste in any vehicle, or if the Franchise Hauler delivering such waste is unwilling to make such separation, or if any vehicle is carrying waste which may spill or leak, then the Department may reject the entire vehicle, and the City shall forthwith remove or cause the removal of the entire delivery from the Disposal System. The Department may take all reasonable measures to prevent waste from being blown or scattered before and during unloading. The City shall cause the Franchise Haulers to observe and comply with Applicable Law, the operating rules and regulations of the Department, and the provisions of this Agreement prohibiting the delivery of Unacceptable Waste to the Disposal System. (C) Hazardous Waste and Hazardous Substances. The parties acknowledge that the Disposal System has not been designed or permitted, and is not intended to be used in any manner or to any extent, for the handling, transportation, storage or disposal of Hazardous Waste or Hazardous Substances. Neither the County nor the City shall countenance or knowingly permit the delivery of Hazardous Waste or Hazardous Substances to the Disposal System. (D) Disposal of Unacceptable Waste and Hazardous Waste. If Unacceptable Waste or Hazardous Waste is discovered in a vehicle at any landfill within the Disposal System, the driver of the vehicle will not be permitted to discharge the load. If a vehicle is observed unloading Unacceptable Waste or Hazardous Waste in the tipping area of a landfill within the Disposal System Department personnel will use reasonable efforts to assure that such material has been characterized, properly secured and its disposition resolved. The return or reloading onto the delivery vehicle of any Hazardous Waste, Prohibited Medical Waste or other waste requiring handling or transportation shall be conducted in accordance with Applicable Law. Whenever Hazardous Waste is detected at any landfill within the Disposal System, the Department shall take immediate action in accordance with Applicable Lav'. (E) Source -Separated Household Hazardous Waste. The County shall maintain, as part of the Disposal System, a Source -Separated Household Hazardous Waste Disposal System for the disposal of Source - Separated Household Hazardous Waste. The disposal service provided by such system shall constitute part of the Disposal Services, and shall be available to Participating Cities as part of the Contract Rate. The County may impose additional fees and charges for services relating to Source -Separated Household Hazardous Waste with respect to cities which are not parties to a Disposal Agreement. The County may provide for the expansion, contraction or modification of the Source -Separated Household Hazardous Waste Disposal System and its services to the extent necessary to ensure the Disposal System's viability; provided, however, if the County chooses to reduce services, the County shall nonetheless continue to expend funds for the Source -Separated Household Hazardous Waste Disposal System each year during the term of this Agreement in an amount at least equal to the amount of funds expended for the Source -Separated Household Hazardous Waste Disposal System during fiscal year 2006-07 as adjusted by changes in the Producer Price Index. SECTION 3.4 UNINCORPORATED AREA ACCEPTABLE WASTE. Commencing on the Commencement Date, the County in accordance with Applicable Law shall provide or cause to be provided the service of disposing of non -recycled Acceptable Waste originating or generated within the Unincorporated Area and, with respect to such waste, shall comply with the Waste Disposal Covenant as if the County constituted a City subject to the Waste Disposal Covenant hereunder. Rates charged by the County for the disposal of each class of non -recycled Acceptable Waste generated in the Unincorporated Area shall be the same as the Contract Fee charged for the disposal of each class of Controllable Waste. The County shall use its best efforts to preserve, protect and defend its right to exercise and comply with the Waste Disposal Covenant (with respect to non -recycled Acceptable Waste generated in the Unincorporated Area) against any challenge thereto, legal or otherwise, by a Franchise Hauler or any other person, based upon breach of contract, violation of law or any other legal theory. The County shall bear the cost and expense of any such Legal Proceeding or other challenge (with respect to non -recycled Acceptable Waste generated in the Unincorporated Area). 13 Execution Copy SECTION 3.5 MISCELLANEOUS OPERATIONAL MATTERS. (A) Operating Hours. The County shall keep the Disposal System open for the receiving of Controllable Waste during such regular operating hours as may be established by the Department in the operating rules and regulations applicable to the Disposal System. The County shall utilize best efforts to maintain substantially similar hours, as were in effect on January 2, 2009, for the receipt of waste through the term of this Agreement (subject to Applicable Law). (B) Scales and Weig ting. The Department shall operate and maintain permanent scales at the Disposal System. The Department shall weigh all vehicles delivering waste by or on behalf of the City (whether or not the County accepts such waste) and prepare a daily weight record with regard to such delivery. (C) Service Coordinator. The County and the City each shall designate in writing thirty days prior to the expected Commencement Date a person to transmit instructions, receive information and otherwise coordinate service matters arising pursuant to this Agreement (each a "Service Coordinator"). Either party may designate a successor or substitute Service Coordinator at any time by notice to the other party. (D) Review of Records. Each party may review the other party's books and records with respect to matters relevant to the performance by either party under this Agreement or otherwise related to the operation of the Disposal System to the extent allowed under the California Public Records Act (interpreted as if the parties to this Agreement were natural persons for purposes of the Public Records Act). SECTION 3.6 OTHER USERS OF THE DISPOSAL SYSTEM. (A) On or Before . 20091. On or before [120 DAYS AFTER BOARD APPROVAL], the County shall have the right to enter into waste disposal agreements with Orange County entities with respect to Acceptable Waste which was originally discarded by the first generator thereof within the geographical limits of the County, including other cities in the County, Sanitary Districts, Transfer Stations and Independent Haulers, which waste disposal agreements shall have terms and provisions substantially identical to the terms and provisions of this Agreement; provided, however, that in no event shall such agreements have terms and provisions more favorable than the terms and provisions of this Agreement (including but not limited to the Contract Rate and availability of disposal capacity). (B) After [ . 2009. After [120 DAYS AFTER BOARD APPROVAL], the County shall have the right to enter into waste disposal agreements with Orange County entities, including any city, Sanitary District, Transfer Station and Independent Hauler, or otherwise accept Acceptable Waste from such parties, but only within the limitations contained in this Section. Any such agreement or waste acceptance agreement must provide that the party delivering waste shall pay a Posted Disposal Rate at least 10% higher than the Contract Rate unless the County determines it is in the best interest of the Disposal System to establish a Posted Disposal Rate less than 10% higher than the Contract Rate. In no event shall the Posted Disposal Rate be equal to or less than the Contract Rate. In addition, the County shall reserve the right in any such waste disposal agreement at any time, to the extent permitted by Applicable Law, to refuse to receive and dispose of Acceptable Waste from any city, County Sanitary District, Transfer Station and Independent Hauler if and to the extent that such receipt and disposal may materially and adversely affect the ability of the County to comply with its obligations to the Participating Cities under the Disposal Agreements to which each is a party. (C) Receipt of Imported Acceptable Waste on a Contract Basis. The County shall have the right to enter into a contract or other agreement with any municipal or private non -County entity for the delivery of Imported Acceptable Waste on terms and conditions that the County determines to be necessary to ensure and enhance the viability of the Disposal System for the benefit of the County and the Participating Cities and to generate Net Import Revenues. The County certifies that in its good faith judgment the contract or other agreement for the delivery of such waste will not materially and adversely affect the ability of the County to receive and dispose of Acceptable Waste from the Participating Cities in accordance with the applicable Disposal Agreements throughout the Term thereof. The term of any such agreement for the disposal of Imported Acceptable Waste shall end by the later to occur of (i) December 31, 2015 or (ii) the date on which County general purpose revenues are no longer expended to pay debt service on the Orange County Public 14 Execution Copy Financing Authority Lease Revenue Refunding Bonds Series 2005, but in no event later than the last day of the fiscal year commencing July 1, 2015. (D) Self Haulers. The City and the County acknowledge that Self -Haulers shall be entitled to deliver Self -Hauled Waste to the Disposal System, on a non -contract basis, at the Posted Disposal Rate. Such Self - Haulers shall not be entitled to dispose of Acceptable Waste for the Contract Rate. (E) Application and Use of Revenues From Other Users. All revenues received by the County from the disposal of County Acceptable Waste by the Disposal System, and all revenues received by the County from the disposal of Imported Acceptable Waste by the Disposal System, shall be deposited by the County in the County OC Waste & Recycling Enterprise Fund and shall constitute revenues of the Disposal System. Pursuant to the County's Plan of Adjustment, the County is entitled to receive net revenues (after payment of all costs attributable to the acceptance of such Imported Acceptable Waste at the Disposal System) ("Net Import Revenues") from the disposal of Imported Acceptable Waste by the Disposal System, and such Net Import Revenues may be used for the payment of bankruptcy related obligations in accordance with the Plan of Adjustment. Costs attributable to the disposal of Imported Acceptable Waste include deposits to the Environmental Fund, deposits to closure and postclosure reserves, City host fees (if applicable), incremental operating costs (such as manpower expenditures, equipment, services and supplies expenditures), state surcharges, and a pro rata share of capital project costs. The parties acknowledge that their intention in determining to allow the importation of Imported Acceptable Waste for disposal by the Disposal System is to stabilize the Contract Rate at rates below those which would otherwise prevail in the absence of such importation. SECTION 3.7 COUNTY PROVISION OF WASTE DIVERSION SERVICES. (A) County -Wide Recycling Services. This Agreement does not require the County to provide for any source reduction, materials recovery, recycling, composting, or other waste diversion services by the County nor any payment therefor by the City, by Franchise Haulers or by rate,ayets; provided, however, any County -Wide Recycling Services may be funded through the County OC Waste & Recycling Enterprise Fund. Any such recycling services may be expanded, contracted or modified by the Cowity at any time in its sole discretion. (B) Separate City -County Diversion Service Agreements. Nothing in this Agreement is intended to limit the right of the County to enter into a separate agreement with the City or any other person to provide source reduction, materials recovery, recycling, composting or other waste diversion services. Any such program conducted by the County, whether in participation with the City, any other of the Participating Cities, other Cities, Sanitary Districts, Transfer Stations, Independent Haulers, Unincorporated Area or non -County entity, shall be operated, managed and accounted for as a program separate and distinct from the Disposal Services program contemplated by the Disposal Agreements and shall not be funded through the general revenues of the Disposal System. ARTICLE IV CONTRACT RATE SECTION 4.1 CHARGING AND SECURING PAYMENT OF CONTRACT RATE. The City acknowledges that the County shall have the right to charge and collect a Contract Rate for the acceptance and disposal of Controllable Waste delivered to the System by any Franchise Hauler. The Contract Rate shall be calculated and established, and may be modified, as provided in Section 4.2 hereof. In addition, the City acknowledges that the County shall have the right to establish as part of the operating rules and regulations reasonable measures to secure the payment of all Contract Rates. SECTION 4.2 CONTRACT RATE. (A) Establishment of Contract Rate. The Contract Rate payable by each Franchise Hauler shall be (x) $22.00 per ton from the Commencement Date through June 30, 2010, and (y) $29.95 per ton on and after July 1, 2010, in both cases contingent on the delivery to the Disposal System of an amount of Acceptable Waste at 15 Execution Copy least equal to the Cumulative Tonnage Targets identified in Appendix 2, and subject to adjustment necessary to reflect the circumstances set forth in this Section 4.2: (i) increased costs incurred by the County (in excess of available insurance proceeds) due to the occurrence of one or more Uncontrollable Circumstances, other than Changes in Law; (ii) costs incurred by the County (in excess of available insurance proceeds and amounts available in the Environmental Fund for such purposes) remediating environmental conditions at the Disposal System or inactive or closed disposal sites in the County, which, if uncorrected, could give rise to potential claims under CERCLA or related federal or state statutes, including costs incurred providing indemnification to any Participating City pursuant to subsection 7.3; or (iii) tonnage shortfalls to the extent permitted by Sections 4.2(B); (iv) average annual inflation prior to July 1, 2010 in excess of the levels set forth in Section 4.2(H) and escalation pursuant to Section 4.2(F) ; (v) increased costs incurred by the County (in excess of available insurance proceeds) due to the occurrence of one or more Changes in Law; or (vi) Capital Costs in excess of the Capital Costs at any point in time during the term hereof exceeding the Cumulative Capital Costs set forth in Appendix 3. Prior to adjusting the Contract Rate as a result of any of the circumstances described in clauses (i), (ii) or (iii) above, the County shall utilize the following remedies in the following order of priority: (x) reduce the costs of operating the Disposal System to the extent practicable; and (y) utilize Unrestricted Reserves to pay costs of the Disposal System. The County will not be required to utilize such remedies prior to adjusting the Contract Rate as a result of any of the circumstances described in clauses (iv), (v) or (vi) above. Any adjustments to the Contract Rate permitted by this Section shall be calculated by the County to reflect the actual costs or expenses of addressing the circumstance or circumstances pursuant to which the adjustment is authorized. The County agrees that it will evaluate the feasibility of long term financing for significant capital costs where appropriate. (B) County Acceptable Waste Shortfall. In the event that the actual amount of County Acceptable Waste delivered to the Disposal System at the end of any Contract Year is less than the Cumulative Tonnage Target for such Contract Year for County Acceptable Waste, as specified in Appendix 2, the County shall utilize the following options, in the following order of priority, in order to remedy any adverse effects of such tonnage shortfall: the Disposal System; (i) reduce the costs of operating the Disposal System to the extent practicable; (ii) utilize Restricted Reserves described in clause (iii) of Section 4.5 to pay costs of (iii) utilize Unrestricted Reserves to pay costs of the Disposal System; and (iv) adjust the Contract Rate. In the event that implementation of the steps described above does not result in sufficient revenues to satisfactorily address the shortfall in tonnage, the County shall have the right to terminate the Agreement on 60 days written 16 Execution Copy notice to the City. In addition, in the event that actual deliveries to the Disposal System exceed the Cumulative Tonnage Target as of the end of any Contract Year, the City acknowledges the County shall have the right to establish reserves intended to reflect the potential for lower than expected annual waste deliveries in subsequent years, and that any such reserves shall constitute "Restricted Reserves". (C) [RESERVED] (D) Interim Use of Remedies. In the event that, during any Contract Year, waste deliveries to the Disposal System are 25% or more below delivery projections for such Contract Year with the result that the County determines it is unlikely that the Cumulative Tonnage Target will be achieved as of the end of such Contract Year, the County may utilize the remedies described in Section 4.2(B) prior to the end of such Contract Year; provided, however, that if at the end of such Contract Year, the Cumulative Tonnage Target is actually met, the County shall reimburse any adjustments to the Contract Rate made pursuant to this Section to Participating Cities. Such reimbursement may be given as a credit or adjustment to the Contract Rate for future deliveries, rather than a lump sum payment. (E) Special Charges. Notwithstanding Section 4.2(A), the County shall have the right to impose special charges for the receipt of hard to handle materials, such as bulky materials, construction and demolition debris, tree stumps and sludge. Such special charges shall be calculated to reflect the reasonable incremental costs to the County of accepting such hard to handle materials. In addition, in the event that the Board of Supervisors of the County makes a determination to implement a facility (including but not limited to a transfer station, landfill, conversion technology facility, or a materials recovery or processing facility), which facility would be intended to provide for disposal alternatives after the closure of one or more of the landfills currently operating within the Disposal System, the County may impose an additional charge of $0.50 per ton of Acceptable Waste in order to pay the costs of the study, development, planning, construction and/or operation of such facility. Adjustments pursuant to this Section 4.2(E) shall not requi*e compliance with the provisions of Section 4.2(I). (F) Escalation. The Contract Rate shall be adjusted each July 1, beginning July 1, 2011. The change will be equal to the positive percentage change in the Consumer Price Index — All Urban Consumers, U.S. city average, All items, Not Seasonally Adjusted, Series ID CUUROOOOSAO ("CPP') as measured from the October 21 months prior to the rate adjustment to the October immediately preceding the rate adjustment. For example: The July 1, 2011 rate adjustment shall be based upon the index change from October 2009, to October 2010, referred to as year 1 and year 2 respectively in the following example. Formula to calculate percentage change in the Contract Rate: Step 1: October Year 2 CPI October Year 1 CPI - 1 = % increase in Contract Rate Step 2: Current Contract Rate x (1+ % increase in Contract Rate) = Contract Rate as of July 1 Year 2 On each April 1, commencing April 1, 2011, the County shall provide the City with notice of the adjustment to the Contract Rate to be effective the following July 1. Such notice shall contain the calculation of the adjustment set forth above. The County will calculate the new Contract Rate each year. In the event that the change in the CPI is negative, no rate adjustment will be made for that year. No adjustment under this Section 4.2(F) will take place until the October CPI index surpasses the index level as of the October immediately preceding the last annual rate adjustment pursuant to this Section 4.1(F), which will be considered "year 1" in calculating the change in the Contract Rate. 17 Execution Copy - For example, if the CPI is measured as follows: October 2009 = 205, October 2010 = 204, October 2011 = 201, October 2012 = 208, then there would be no adjustment in July 2011, or July 2012, and an adjustment equal to the change from 205 to 208 would be implemented on July 1, 2013. Adjustments pursuant to this Section 4.2(F) shall not require compliance with the provisions of Section 4.2(I). (G) Adjustment Resulting from Increased Fees. In addition to the other adjustments specified herein, the Contract Rate shall be adjusted to reflect the imposition of new fees or increase in existing fees relating to the disposal of Controllable Waste imposed by state, federal or other agencies (i.e., the State's Integrated Waste Management fee, which is currently $1.40 per ton). The adjustment shall be equal to the amount of any new or increased fee, and the adjustment shall take effect so as to coincide with the imposition of the new or increased fee. The County shall provide notice of any increase pursuant to this Section 4.2(G) as soon as practicable after becoming aware of the imposition of any fees described above. Adjustments pursuant to this Section 4.2(G) shall not require compliance with the provisions of Section 4.2(I). (H) Calculation of Cumulative Inflation Rate. For purposes of Section 4.2(A)(iv) for adjustments prior to July 1, 2011, the inflation shall be calculated as the change in the CPI between July of the year of calculation and July 1, 2008. Inflation shall be deemed to exceed the levels set forth below if the ratio between the CPI for July for the year of calculation (calculated in accordance with the formula below) and July 2008 exceeds the ratio corresponding to such year of calculation on the table below. The ratio shall be calculated in accordance with the following formula: (July CPI of calculation year / CPI for July 2008) Year of Calculation Ratio July 1, 2008 1.0000 July 1, 2009 1.0356 July 1, 2010 1.0723 In the event the CPI is no longer published during the term of this Agreement, such other index identified by the Bureau of Labor Statistics or otherwise generally accepted as a replacement for CPI shall be used for purposes of this Agreement. In the event of an adjustment to the Contract Rate pursuant to this section 4.2(H), such adjustment shall be applied to the Contract Rate effective until June 30, 2010, and the Contract Rate effective July 1, 2010. Adjustments pursuant to this Section 4.2(H) shall not require compliance with the provisions of Section 4.2(I). (I) Procedure for Rate Adjustments. In the event the County determines that it is entitled to an adjustment of the Contract Rate pursuant to Section 4.2(A) (other than 4.2(A)(iv)) or Section 4.2(B), it shall utilize the procedures described in this Section 4.2(I). The County shall be required to provide the City with at least 90 days prior written notice of the adjustment, which notice shall identify the specific event(s) or circumstances which require the adjustment. The notice shall also specify the earliest date on which the County Board of Supervisors shall consider the proposed adjustment. At least 45 days prior to such meeting of the Board of Supervisors, the County shall provide the City with a report which shall contain the following information: a description of the specific event(s) or circumstances which require the adjustment; a description (including cost estimates) of any activities (which may include, but not be limited to capital improvements to the Disposal System) required in order to remedy such event or circumstance; certification by the County that it has implemented the remedies described in Section 4.2(A) or (B) prior to requiring the rate adjustment; and a description of the methodology used by the County to calculate the adjustment to the Contract Rate (hereinafter the "County Report"). In the event the City disputes the adjustment, it shall provide the County with a written description of the reason for the dispute at least 10 days prior to the meeting of the Board of Supervisors identified in the initial notice of the County (hereinafter the "City Report"). The City Report shall be provided to the Board of Supervisors for 18 Execution Copy consideration at such meeting in connection with the proposed rate adjustment. At any time from and after the date that the County provides the City with the County Report, upon the request of either party, the City and County shall meet and confer in good faith to resolve any dispute that may arise regarding the proposed adjustment to the Contract Rate. In any such meeting, the County shall be represented by the Director of the Department or his or her designee. In the event the Board of Supervisors approves all or a portion of the proposed rate adjustment, such rate adjustment shall become effective on the date identified in the initial notice sent by the County regardless of whether or not the procedures in Section 4.2(J) are utilized, but subject to potential reimbursement pursuant to clause (11) of Section 4.2(J). (J) Procedure for Expedited Judicial Review of Contested Rate Adjustment. In the event that, within 30 days after the effective date of any Contract Rate adjustment made pursuant to Section 4.2(I), Participating Cities which, in the aggregate, accounted for more than 50% of the County Acceptable Waste delivered to the County System in the twelve months preceding the Contract Rate adjustment, provide notice to the County of their election to utilize the procedures described in this Section 4.2(J), then the provisions of this Section 4.2(J) shall be utilized by such Participating Cities and the County to resolve the dispute over the Contract Rate Adjustment. In the event that Participating Cities which have delivered the amount of waste contemplated in the preceding sentence do not provide notice to the County of such election, the County shall have no obligation to participate in or cooperate in the implementation of the procedures described below in this Section 4.2(J). (1) In order to pursue the expedited judicial determination described in this Section (the "Expedited Rate Determination"), the Participating Cities which have made the election described in the paragraph above (the "Challenging Cities") must commence a civil action for breach of contract (the "Action") in the Orange County Superior Court within 45 days of the date on which the Board of Supervisors approves the challenged adjustment to the Contract Rate. (2) Within two (2) days of filing the Action, the Challenging Cities shall personally serve on the County Counsel both the summons and complaint, and a stipulation and request for the entering of an order incorporating all of the procedural provisions relating to the Expedited Rate Determination as set forth in this Section 4.2(J) (such stipulation and request for order is hereinafter referred to as the "Expedited Rate Determination Stipulation"). The Expedited Rate Determination Stipulation shall be signed by each of the Challenging Cities. (3) Within fifteen (15) days of the date of service upon the County of the summons and complaint, and Expedited Rate Determination Stipulation, the County Counsel shall execute the Expedited Rate Determination Stipulation and personally serve upon the Challenging Cities through their counsel of record the Expedited Rate Determination Stipulation and its answer to the complaint in the Action. The Stipulation shall also include a waiver by each of the parties of their right to a jury trial of the issues raised in the Action. The City and the County mutually agree that the duty to execute the Expedited Rate Determination Stipulation and comply with the procedures set forth for Expedited Rate Determination in this Section 4.2(J) shall be, and are hereby deemed to be, ministerial duties which the law specifically enjoins upon each of them, and shall be subject to enforcement by the parties herein pursuant to Code of Civil Procedure Section 1085, et seq., or by means of a complaint for specific performance. (4) Within three (3) days of the date of service by the County upon the Challenging Cities of the fully signed Expedited Rate Determination Stipulation, the County and the Challenging Cities shall jointly make ex parte application to the Orange County Superior Court in the Action for the issuance of the order contained in the Expedited Rate Determination Stipulation. At such ex parte application, the County and the Challenging Cities shall also seek to confirm with the Orange County Superior Court the briefing schedule, and request a hearing date in accordance with the procedures set forth in this Section 4.2(J). (5) Within ten (10) days of the date of service by the County upon the Challenging Cities of the answer in the Expedited Rate Determination, the Challenging Cities shall file with the court and personally serve upon the County the Challenging Cities' opening brief and the Record in the Expedited Rate Determination. The opening brief shall not exceed 15 pages in length. The Record shall consist of, and be limited to, the record of the proceedings before the Board of Supervisors with respect to the adjustment of the Contract Rate, including but not limited to the County Report and the City Report prepared by each or any of the Challenging Cities pursuant to Section 4.2(I), any materials filed or lodged with the Board of Supervisors and the Orange County 19 Execution Copy Waste Commission, the transcript of the proceedings of the Board of Supervisors meeting and the Orange County Waste Commission, the minutes of the Board of Supervisors and the Orange County Waste Commission meeting, and the resolution and/or other documentation evidencing action by the Board of Supervisors and the Orange County Waste Commission to adjust the Contract Rate pursuant to Section 4.2(A) or (B). The record shall also include the most recent reports prepared pursuant to Sections 4.6 and 4.7. The Expedited Rate Determination shall be decided solely on the evidence in the Record, and no extrinsic evidence shall be submitted to or considered by the court. (6) Within ten (10) days of service by the Challenging Cities of their opening brief and the Record, the County shall file and personally serve upon the Challenging Cities the County's opposition brief. The opposition brief shall not exceed 15 pages in length. (7) Within five (5) days of service by the County upon the Challenging Cities of the opposition brief, the Challenging Cities may file and personally serve upon the County a rebuttal brief, which shall not exceed 10 pages in length. (8) The trial of the Expedited Rate Determination shall be conducted as a hearing which shall be conducted at the date set by the court in the ex parte hearing conducted pursuant to Section 4.2(J)(4), or such other date and time ordered by the court. If the court requests the parties to prepare supplemental briefs in response to any question or issue raised by the court, the parties may do so. (9) The standard of review for the Expedited Rate Determination shall be the preponderance of the evidence based upon the Record. The burden of proof shall be borne by the Challenging Cities, and the burden of proof shall be the same as with respect to a plaintiff in a damages action for breach of contract. Both parties have participated in the drafting of this Agreement. Accordingly, nothing set forth in this Agreement shall be interpreted or construed for or against either of the parties as a consequence of their participation in the drafting of this Agreement. (10) The court shall issue its written statement of decision and enter judgment within thirty (30) days of the date of the hearing in the Expedited Rate Determination. (11) If the court determines that any portion of the County's adjusted Contract Rate which is the subject of the Expedited Rate Determination was improperly imposed, the County shall, within 30 days of the date of the statement of decision, reimburse to the City the amount improperly imposed, together with interest calculated at the highest percentage rate that does not constitute usury under California laws. Such reimbursement may be made in the form of a reduction in the Contract Rate for a future period (not to exceed twelve months) reasonably calculated to provide full reimbursement of the amounts described above. (12) If for any reason the court does not sign the order contained in the Expedited Rate Determination Stipulation, the City shall, within 30 days of the court's denial of such requested order, file with the court and personally serve upon the County a motion for summary judgment and/or motion for judgment on the pleadings, in accordance with Code of Civil Procedure Section 437(c) and 438. By executing this Agreement, the parties hereby stipulate that, in the event that the Challenging Cities file such summary judgment motion and/or motion for judgment on the pleadings, the Record shall be deemed to have been incorporated into the complaint and answer filed by the Challenging Cities and the County, and no evidence outside of the Record is relevant or material to the dispute raised in the Expedited Rate Determination. The briefing schedule and hearing on such motion for summary judgment and/or motion for judgment on the pleadings shall be in accordance with Code of Civil Procedure Section 437(c). The Challenging Cities and the County shall be bound by all of the requirements and restrictions set forth in Section 4.2(J) that are not in conflict with this paragraph (12). (13) In the event that the court both does not sign the order contained in the Expedited Rate Determination Stipulation and either does not hear or does not issue a ruling on the merits on the motion for summary judgment and/or judgment on the pleadings which is dispositive of the issues, claims and causes of action in the complaint filed by the Challenging Cities, the County and the Challenging Cities shall, within twenty days following the issuance of the Court's order or decision not to honor the parties' stipulation or not to hear the parties' motion for summary judgment, make application to the Presiding Judge of the Orange County 20 Execution Copy Superior Court for an expedited hearing or trial date. The Challenging Cities and the County shall be bound by all of the requirements and restrictions set forth in Section 4.2(J) that are not in conflict with this paragraph (13). In this regard, and without limiting the foregoing, the only evidence to be presented at the hearing or trial shall be the Record, no testimony shall be presented at the hearing or trial; and both the County and the Challenging Cities waive all rights to a jury trial, to any reconsideration of the decision of the court, to a new trial after the court renders a decision, and to any appeal or review of the decision of the court. SECTION 4.3 RESPONSIBILITY FOR PAYMENT OF THE CONTRACT RATE. (A) Payment by City. In the event and to the extent (1) the City uses municipal collection forces directly for the haulage of Controllable Waste to the Disposal System or (2) the City uses non -municipal Franchise Haulers for collection but nonetheless elects to pay the Contract Rate from City revenues, the City, as its own Franchise Hauler, shall have direct responsibility for payment of the Contract Rate, and shall take all such budgetary, appropriation and other action as may be necessary to provide for the timely payment of the Contract Rate. Such action may include, depending upon the means authorized by the City to provide for such payment, the levy and collection of general or special taxes, the imposition of benefit assessments, or the collection of user fees, generator charges or other similar impositions for municipal solid waste disposal. The City shall use best efforts in accordance with Applicable Law to levy and impose all such taxes, assessments, fees or charges, and will take all steps, actions and proceedings for the enforcement, collection and payment of all such amounts which shall become delinquent, to the full extent permitted by Applicable Law. To the extent provided in Section 7.5 hereof, the obligation of the City for such Contract Rates shall be limited to amounts in the City's Solid Waste Enterprise Fund. From the Commencement Date to the date of expiration or termination of this Agreement, the obligation to the City to pay the Contract Rate, to the extent the City rather than Franchise Haulers is responsible directly for payment and provided that the Service Covenant has been complied with, shall be absolute and unconditional and shall not be subject to delay or diminution by reason of set-off, abatement, counterclaim, existence of a dispute or otherwise. (B) Payment by franchise Haulers. With respect to Controllable Waste delivered by Franchise Haulers other than City municipal collection forces, the obligation to pay the Contract Rate shall rest with such Franchise Haulers and not with the City and, unless the City has agreed with the County to be responsible for Franchise Hauler payments, the City shall not be financially responsible for any delay Dr failure by such Franchise Hauler to pay the Contract Rate or any portion thereof when due. In the event of any such failure, the Coimty and the City shall cooperate with each other and use their best efforts to obtain timely payment. Such efforts by the County may include, as appropriate, requiring cash payments for disposal rights from such Franchise Hauler and bringing a legal proceeding for payment and damages. Such efforts by the City may include, as appropriate, legal proceedings to suspend, revoke or terminate the Franchise Hauler's franchise, permit or license rights. (C) Disputes. If the City or the Franchise Hauler disputes any amount billed by the County in any Billing Statement, the City or the Franchise Hauler shall nonetheless pay the billed amount and shall provide the County with written objection within 30 days of the receipt of such Billing Statement indicating the amount that is being disputed and providing all reasons then known to the City or the Franchise Hauler for any objection to or disagreement with such amount. If the City or the Franchise Hauler and the County are not able to resolve such dispute within 30 days after the City's or the Franchise Hauler's objection, either party may pursue appropriate legal remedies. SECTION 4.4 BILLING OF THE CONTRACT RATE. The County shall continue to bill Contract Rates after the Commencement Date, in the same manner as it has customarily billed tipping fees. Subject to the other provisions of this Agreement, the County shall have the right to modify or amend such manner of billing on reasonable notice to affected parties. SECTION 4.5 RESTRICTED RESERVES. For purposes of this Agreement, "Restricted Reserves" means cash and other reserves of the Disposal System which are restricted to specific uses or are otherwise being reserved by the County to meet its obligations hereunder throughout the term of the Agreement with respect to the Disposal System pursuant to any Applicable Law, contract, adopted budget, budgetary policy of the County with respect to the Disposal System, or other arrangement. Such cash and other reserves are not required to be deposited in separate accounts or funds in order to constitute "Restricted Reserves" hereunder, and may be commingled with 21 Execution Copy Unrestricted Reserves or other funds of the County attributable to the Disposal System. "Restricted Reserves" shall include, but not be limited to, the following: (i) reserves for closure of components of the Disposal System to the extent required by Applicable Law; (ii) amounts reserved by the County for funding of post closure maintenance and monitoring with respect to components of the Disposal System; (iii) reserves established to protect the Disposal System against the adverse financial impact of potential decreases in waste deliveries pursuant to Section 4.2(B); (iv) amounts reserved to pay the costs of capital improvements with respect to the Disposal System; (v) amounts funded from revenues during the early years of the term of the Agreement reserved to enable the County to provide disposal services for the Contract Rate during the later years of the Agreement; (vi) amounts temporarily held by the County prior to payment to the State or other Governmental Bodies pursuant to Applicable Law (including any fees or charges payable to the State Integrated Waste Management Board); (vii) reserves required to meet bond covenants pursuant to financing agreements for Disposal System assets to the extent such amounts must be legally separate and distinct from other reserves identified in this Section; (viii) security deposits from landfill deferred payment program users; (ix) amounts held by the County in the Environmental Fund (provided, however, that such amounts in the Environmental Fund will be made available and used by the County if required to pay costs relating to environmental remediation or other related costs); (x) AB939 surcharges; (xi) amounts held by the County in the Corrective Action Fund held pursuant to CCR Title 27 to demonstrate financial assurance to pay for potential groundwater contamination; and (xii) an amount equal to three months of budgeted expenses for the Disposal System for the current fiscal year, representing working capital of the Disposal System. SECTION 4.6 AUDITED FINANCIAL STATEMENTS. The County shall annually, on or before January 1 each year, prepare or cause to be prepared and have on file for inspection an annual report for the preceding Contract Year, accompanied by a certificate of an independent public accountant or of the County Auditor and Controller as to the examination of the financial statements therein (describing such statements as fairly presenting the information therein in conformity with generally accepted accounting principles) relating to the Disposal System, the Disposal Services, and the fiscal activities of the County OC Waste Disposal Enterprise Fund, and including statements in reasonable detail of the financial condition of the County OC Waste Disposal Enterprise Fund as of the end of the Contract Year and revenue and expenses for the Contract Year. SECTION 4.7 ANNUAL UPDATE OF TEN-YEAR FINANCIAL PROJECTION. The County shall annually, on or before May I of each year, prepare or cause to be prepared, an updated Ten -Year Financial Projection for the Disposal System. Said Financial Projection shall include at least two full years of prior actual data and ten years of future projections including the following elements: 22 Execution Copy County Acceptable Waste, in tons; Imported Acceptable Waste, in tons; Revenues and expenditures; 4. Cash fund balances, including all monies in the County Solid Waste Enterprise Fund, with specific delineation of monies in the Environmental Fund, Restricted Reserves, Unrestricted Reserves, and all other funds of the System. 5. Projected liabilities for closure and post closure as well as reasonable reserves for other environmental costs. The purpose of the Ten -Year Financial Projection is to keep the City fully informed about the future financial condition of the Disposal System. The County shall cause a copy of the Ten -Year Financial Projection to be delivered to the City Manager of the City no later than May 1 of each year. Upon request, the County shall make available to the Cities supporting information related to the ten-year financial projection ARTICLE V BREACH, ENFORCEMENT AND TERMINATION SECTION 5.1 BREACH. The parties agree that in the event either party breaches any obligation under this Agreement or any representation made by either party hereunder is untrue in any material respect, the other party shall have the right to take any action at law or in equity (including actions for injunctive relief, mandamus and specific performance) it may have to enforce the payment of any amounts due or the performance of any obligations to be performed hereunder. Neither party shall have the right to terminate this Agreement except as provided in Section 5.2 and Section 5.3 hereof or as otherwise provided in this Agreement. SECTION 5.2 CITY CONVENIENCE TERMINATION. The City shall have the right to terminate this Agreement in its sole discretion, for its convenience and without cause at any time during the Term hereof upon 90 days' written notice to the County. If the City exercises its rights to terminate the Agreement pursuant to this Section, the City shall pay the County a termination fee equal to the Contract Rate in effect at the time of such termination (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2) multiplied by the number of tons of City Acceptable Waste delivered to the Disposal System during the preceding twelve months (or, if the City had been in breach of the Waste Disposal Covenant during such prior months, such amount as would have been delivered if the City had complied with the Waste Disposal Covenant), multiplied by the number of years remaining in the Term of the Agreement. SECTION 5.3 TERMINATION. (A) By City. Except as expressly provided herein, the City shall have no right to terminate this Agreement for cause except in the event of the repeated failure or refusal by the County substantially to perform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance; except that no such failure or refusal shall give the City the right to terminate this Agreement for cause under this subsection unless: (1) The City has given prior written notice to the County stating that a specified failure or refusal to perform exists which will, unless corrected, constitute a material breach of this Agreement on the part of the County and which will, in its opinion, give the City the right to terminate this Agreement for cause under this subsection unless such breach is corrected within a reasonable period of time, and (2) The County has neither challenged in an appropriate forum (in accordance with Section 5.5) the City's conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Agreement nor corrected or diligently taken steps to correct such breach within a reasonable period of time not more than 90 days from the date of the notice given pursuant to clause (1) of this subsection (but if the 23 Execution Copy County shall have diligently taken steps to correct such breach within such reasonable period of time, the same shall not constitute a breach giving rise to the right of termination for as long as the County is continuing to take such steps to correct such breach). (B) By County. Except as expressly provided herein, the County shall have no right to terminate this Agreement for cause except in the event of the repeated failure or refusal by the City substantially to perform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance; except that no such failure or refusal shall give the County the right to terminate this Agreement for cause under this subsection unless: (1) The County has given prior written notice to the City stating that a specified failure or refusal to perform exists which will, unless corrected, constitute a material breach of this Agreement on the part of the City and which will, in its opinion, give the County right to terminate this Agreement for cause under this subsection unless such breach is corrected within a reasonable period of time, and (2) The City has neither challenged in an appropriate forum (in accordance with Section 5.5) the County's conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Agreement nor corrected or diligently taken steps to correct such breach within a reasonable period of time not more than 90 days from the date of the notice given pursuant to clause (1) of this subsection (but if the City shall have diligently taken steps to correct such breach within such reasonable period of time, the same shall not constitute a breach giving rise to the right of termination for as long as the City is continuing to take such steps to correct such breach). SECTION 5.4 NO WAIVERS. No action of the County or the City pursuant to this Agreement (including, but not limited to, any investigation or payment), and no failure to act, shall constitute a waiver by either party of the other party's compliance with any term or provision of this Agreement. No course of dealing or delay by the County or the City in exercising any right, power or remedy under this Agreement shall operate as a waiver thereof or otherwise prejudice such party's rights, powers and remedies. No single or partial exercise of (or failure to exercise) any right, power or remedy of the County or the City under this Agreement shall preclude any other or further exercise thereof of the exercise of any other right, power or remedy. SECTION 5.5 FORUM FOR DISPUTE RESOLUTION. It is the express intention of the parties that all legal actions and proceedings related to this Agreement or to the Disposal System or to any rights or any relationship between the parties arising therefrom shall be solely and exclusively initiated and maintained in courts of the State of California having appropriate jurisdiction. ARTICLE VI TERM SECTION 6.1 EFFECTIVE DATE AND TERM. (A) Initial Term. This Agreement shall become effective, shall be in full force and effect and shall be legally binding upon the City and the County from the Contract Date and shall continue in full force and effect until June 30, 2020, unless earlier terminated in accordance with its terms, in which event the Term shall be deemed to have expired as of the date of such termination. (B) Option to Renew. This Agreement shall be subject to renewal by mutual agreement of the parties, on or before June 30, 2018, for an additional term of ten years (the "Renewal Term") on the same terms and conditions as are applicable during the Initial Term hereof. The City shall give the County written notice of its irrevocable election to renew this Agreement on or before June 30, 2017. If the parties do not renew this Agreement by June 30, 2018, the Agreement shall expire on June 30, 2020. (C) Contract Rate During Renewal Term. In connection with the parties' right to renew this Agreement for an additional ten-year term pursuant to Section 6.1(B), the parties shall, on or before June 30, 2018, negotiate an applicable change in the Contract Rate for such renewal term. In determining any revisions to the 24 Execution Copy Contract Rate to be applicable during any renewal period, in addition to the circumstances described in Section 4.2(A), the parties may take into consideration the following parameters, including but not limited to: (i) actual cost of operations; (ii) population growth; (iii) increase or decrease in available tonnage; (iv) economic and disposal market conditions in the Southern California region; (v) changes in transportation and technology; (vi) closure and expansion of nearby landfills; (vii) capacity of the Disposal System; and (viii) available reserves which are in excess of the amount reasonably required as reserves. (D) Survival: Accrued Rights. The rights and obligations of the parties hereto pursuant to Sections 3.1(E)(2), 5.1, 5.3, 5.5, 7.2, 7.3, 7.5, 7.7, 7.8, 7.9, and 7.10 hereof shall survive the termination or expiration of this Agreement, and no such termination or expiration shall limit or otherwise affect the respective rights and obligations of the parties hereto accrued prior to the date of such termination or expiration. At the end of the Term of this Agreement, all other obligations of the parties shall terminate. SECTION 6.2 COMMENCEMENT DATE. (A) Obligations of the Parties Prior to the Commencement Date. The parties acknowledge that the Disposal Agreements may be executed and delivered on different dates and that, except as provided in this subsection, neither the County nor the City shall be obligated to perform its obligations hereunder until the participation threshold provided herein has been met and the other conditions to the occurrence of the Commencement Date have occurred. Prior to the Commencement Date, each party hereto shall at its own expense exercise good faith and due diligence and take all steps within its reasonable control in seeking to satisfy the conditions to the Commencement Date set forth herein as soon as reasonably practicable. The County and the City, each at its own expense, shall cooperate fully with each other and the other Participating Cities in connection with the foregoing undertaking. Until the Commencement Date occurs, the Original WDAs shall remain in full force and effect. (B) Condition to the Commencement Date. The Commencement Date for the Agreement shall be the date on which the percentage of the County's Acceptable Waste attributable to Participating Cities which have executed and delivered Disposal Agreements shall exceed 85% percent (using the percentage rates attributed to such Cities in Appendix 1). Unincorporated County is assumed to be a Participating City for the purposes of determining the Commencement Date in accordance with this Section 6.2(b) and Appendix 1 of this Agreement. (C) Satisfaction of Condition and Commencement Date. Upon the satisfaction or waiver of the condition to the Commencement Date, the County shall give written notice thereof to the cities which have theretofore executed Disposal Agreements. The parties shall thereupon hold a formal closing acknowledging the satisfaction or waiver of the condition to the Commencement Date, certifying that the Commencement Date has occurred and designating the Participating Cities. Copies of all of the documents or instruments constituting or evidencing satisfaction of the Commencement Date conditions shall be furnished to each party prior to or on the Commencement Date. 25 Execution Copy (D) Newly Incorporated Cities. Any city within Orange County which becomes incorporated after the Commencement Date shall upon request be offered the opportunity by the County to become a Participating City. If any such City executes a Disposal Agreement and meets the applicable condition provided in subsection 6.2(B) hereof within 180 days following the date of its municipal incorporation, then such City shall be entitled to execute a Waste Disposal Agreement on substantially the same terms and conditions as this Agreement (including the Contract Rate), notwithstanding the limitations contained in Section 3.6(B). (E) Failure of Condition. If by [ 120 DAYS AFTER BOARD APPROVAL], or such later date as the County may agree, the condition to the Commencement Date specified in this Section is not satisfied, either party hereto may, by notice in writing to the other party, terminate this Agreement. Neither party shall be liable to the other for the termination of this Agreement pursuant to this subsection, and each of the parties shall bear its respective costs and expenses incurred in seeking to satisfy the condition to the Commencement Date. Notwithstanding anything in this Agreement to the contrary, in the event that this Agreement is terminated pursuant to this Section, the provisions of the Original WDA shall remain in full force and effect on the terms and conditions set forth therein. ARTICLE VII GENERAL PROVISIONS SECTION 7.1 OPERATION AND MAINTENANCE OF THE DISPOSAL SYSTEM. The County, at its cost and expense through the County Solid Waste Enterprise Fund, shall at all times operate, or caused to be operated, the Disposal System in accordance with Applicable Law and the operating rules and regulations of the Department. SECTION 7.2 UNCONTROLLABLE CIRCUMSTANCES GENERALLY. (A) Performance Excused. Except as otherwise specifically provided in this Agreement, neither the County nor the City shall be liable to the other for any failure or delay in the performance of any obligation under this Agreement (other than any payment at the time due and owing) to the extent such failure or delay is due to the occurrence of an Uncontrollable Circumstance. (B) Notice. Miti ag tion. The party experiencing an Uncontrollable Circumstance shall notify the other party by telecommunication or telephone and in writing, on or promptly after the date the party experiencing such Uncontrollable Circumstance first knew of the commencement thereof, followed within 15 days by a written description of (1) the Uncontrollable Circumstance and the cause thereof (to the extent known), (2) the date the Uncontrollable Circumstance began and the cause thereof, its estimated duration, the estimated time during which the performance of such party's obligations hereunder will be delayed, (3) the estimated amount, if any, by which the Contract Rate may need to be adjusted as a result of such Uncontrollable Circumstance, (4) its estimated impact on the other obligations of such party under this Agreement and (5) potential mitigating actions which might be taken by the County or City and any areas where costs might be reduced and the approximate amount of such cost reductions. Each party shall provide prompt written notice of the cessation of such Uncontrollable Circumstance. Whenever such act, event or condition shall occur, the party claiming to be adversely affected thereby shall, as promptly as reasonably possible, use its best efforts to eliminate the cause therefor, reduce costs and resume performance under this Agreement. In addition, with respect to Changes in Law, the County shall diligently contest any such changes the imposition of which would have a material adverse impact on the Disposal System. While the delay continues, the County or City shall give notice to the other party, before the first day of each succeeding month, updating the information previously submitted. (C) Impact on Contract Rate. If and to the extent that Uncontrollable Circumstances interfere with, delay or increase the cost to the County of meeting its obligations hereunder and providing Disposal Services to the Participating Cities in accordance herewith, the County shall be entitled to an increase in the Contract Rate as provided in Section 4.2 herein or an extension in the schedule for performance equal to the amount of the increased cost or the time lost as a result thereof. The proceeds of any insurance available to meet any such increased cost shall be applied to such purpose prior to any determination of cost increases payable under this subsection. Any cost reductions achieved through the mitigating measures undertaken by the County pursuant to subsection 7.2(B) hereof upon the occurrence of an Uncontrollable Circumstance shall be reflected in a reduction of the amount by which the 26 Execution Copy Contract Rate would have otherwise been increased or shall serve to reduce the Contract Rate to reflect such mitigation measures, as applicable. SECTION 7.3 INDEMNIFICATION. To the extent permitted by law, the County agrees that, it will protect, indemnify, defend and hold harmless the City from and against all Loss -and -Expense arising from the City's activity as an "arranger" (for purposes of and as such term is defined under CERCLA or comparable state statutes) of municipal solid waste disposal pursuant to this Agreement. In the event the City shall determine that because of conflict or any other reason that it wishes to be defended by legal counsel other than the legal counsel provided by the County, the cost of providing such legal counsel shall be the City's sole responsibility. The City acknowledges the County's legitimate interest in actively participating in any defense, litigation or settlement whether the County or the City provides legal counsel. Any costs incurred by the County pursuant to this Section shall be considered an Uncontrollable Circumstance cost and the County shall be entitled to adjust the Contract Rate as provided in subsection 4.2(A) herein. The County shall not, however, be required to indemnify or defend the City from and against all Loss -and -Expense arising from any willful, knowing, illegal or negligent disposal of hazardous waste (other than incidental amounts of Household Hazardous Waste commonly found in municipal solid waste and permitted to be disposed in Class III landfills under RCRA) which violates the County's landfill permits or Applicable Law. The parties agree that this provision constitutes an indemnity under CERCLA (to the extent of the specific provisions of this Section). The parties acknowledge that this subsection is not intended to and does not create any obligation on the part of the County to provide any indemnification or defense to any Franchise Hauler, whether franchised or not, or any Independent Hauler or Transfer Station, under any circumstances. The City acknowledges the County's legitimate interest in actively participating in any defense, litigation or settlement, and shall, as a condition to this indemnity, coordinate fully with the County in the defense. SECTION 7.4 RELATIONSHIP OF THE PARTIES. Neither party to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations or liabilities assumed by the other party hereto, whether accrued, absolute, contingent or otherwise, or whether due or to become due. The County is an independent contractor of the City and nothing in this Agreement shall be deemed to constitute either party a partner, agent or legal representative of the other party or to create any fiduciary relationship between the parties. SECTION 7.5 LIMITED RECOURSE. (A) To the Citv. Except in the event the City has not established or maintained a City Solid Waste Enterprise Fund, no recourse shall be had to the general funds or general credit of the City for the payment of any amount due the County hereunder, or the performance of any obligation incurred hereunder, including any Loss - and -Expense of any nature arising from the performance or non-performance of the City's obligations hereunder. The sole recourse of the County for all such amounts shall be to the funds held in any such Solid Waste Enterprise Fund. All amounts held in any City Solid Waste Enterprise Fund shall be held for the uses permitted and required thereby, and no such amounts shall constitute property of the County. The City shall make adequate provision in the administration of any City Solid Waste Enterprise Fund for the payment of any amount or the performance of any obligation which may be due hereunder. (B) To the County. No recourse shall be had to the general funds or general credit of the County for the payment of any amount due the City hereunder, or the performance of any obligation incurred hereunder, including any Loss -and -Expense of any nature arising from the performance or non-performance of the County's obligations hereunder. The sole recourse of the City for all such amounts shall be to the funds held in the County Solid Waste Enterprise Fund in accordance with the terms of this Agreement. All amounts held in the County Solid Waste Enterprise Fund shall be held for the uses permitted and required thereby, and no such amounts shall constitute property of the City. The County shall make adequate provision in the administration of the County Solid Waste Enterprise Fund for the payment of any amount or the performance of any obligation which may be due hereunder. SECTION 7.6 PRE-EXISTING RIGHTS AND LIABILITIES. Nothing in this Agreement is intended to affect, release, waive or modify any rights, obligations or liabilities which any party hereto may have to or against the other party as of the Contract Date relating to the disposal of waste in the Disposal System or any other related matter. 27 Execution Copy SECTION 7.7 NO VESTED RIGHTS. The City shall not acquire any vested property, license or other rights in the Disposal System by reason of this Agreement. SECTION 7.8 LIABILITY FOR COLLECTION TRANSPORTATION AND PROCESSING. Any liability incurred by the City as a result of collecting Acceptable Waste or processing it for diversion from landfill, or as a result of causing, franchising, permitting, licensing, authorizing or arranging any of the foregoing, shall be its sole liability, except as expressly otherwise provided herein. SECTION 7.9 NO CONSEQUENTIAL OR PUNITIVE DAMAGES. In no event shall either party hereto be liable to the other or obligated in any manner to pay to the other any special, incidental, consequential, punitive or similar damages based upon claims arising out of or in connection with the performance or non- performance of its obligations or otherwise under this Agreement, or the material inaccuracy of any representation made in this Agreement, whether such claims are based upon contract, tort, negligence, warranty or other legal theory. SECTION 7.10 AMENDMENTS. Neither this Agreement nor any provision hereof may be changed, modified, amended or waived except by written agreement duly authorized and executed by both parties. SECTION 7.11 NOTICE OF LITIGATION. Each party shall deliver written notice to the other of any Legal Proceeding to which it is a party and which questions the validity or enforceability of this Agreement executed by the City or the County or any Legal Entitlement issued in connection herewith. SECTION 7.12 FURTHER ASSURANCES. At any and all times the City and the County so far as may be authorized by law shall pass, make, do, execute, acknowledge and deliver any and every such further resolutions, acts, deeds, conveyances, instruments, assignments, transfers and assurances as may be necessary or reasonably requested by the other in order to give full effect to this Agreement. SECTION 7.13 ASSIGNMENT OF AGREEMENT. (A) Assignment. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either party hereto without the prior written consent of the other party, which may be withheld in the other party's sole discretion. Notwithstanding the foregoing, either party may assign this Agreement to another public entity, subject to the reasonable consent of the other party. In such circumstances the party not requesting the assignment shall have the right to demand assurances of the financial, technical and legal ability of the proposed assignee to undertake the responsibilities and obligations of the assigning party. (B) Sale. The County shall not enter into any agreement for the sale of the Disposal System which provides for an effective date for such sale prior to the termination of this Agreement. SECTION 7.14 INTEREST ON OVERDUE OBLIGATIONS. Except as otherwise provided herein, all amounts due hereunder, whether as damages, credits, revenue or reimbursements, that are not paid when due shall bear interest at the Overdue Rate on the amount outstanding from time to time, on the basis of a 365 -day year, counting the actual number of days elapsed, and all such interest accrued at any time shall, to the extent permitted by Applicable Law, be deemed added to the amount due, as accrued. SECTION 7.15 BINDING EFFECT. This Agreement shall bind and inure to the benefit of the parties hereto and any successor or assignee acquiring an interest hereunder consistent with the provisions of Section 7.13 hereof. SECTION 7.16 NOTICES. Any notice or communication required or permitted hereunder shall be in writing and sufficiently given if delivered in person or sent by certified or registered mail, postage prepaid, to the notice address of the respective parties set forth on the cover page of this Agreement. Changes in the respective addresses to which such notices may be directed may be made from time to time by any party by notice to the other party. 28 Execution Copy IN WITNESS WHEREOF, COUNTY and CITY have caused this Agreement to be executed by their duly authorized officers or representatives as of the day and year first above written. COUNTY OF ORANGE ---"Date By Director, OC taste & Rec cling Date By Doug Davert, Mayor City of Tustin Date 2 By qll��V Douglas C. Hollan, City Attorney City of TuMn APPROVED AS TO FORM: COUNTY COUNSEL O COUNTY, CALIFORNIA B(2 (�L R-, 29 Execution Copy APPENDIX 1 ESTIMATED ANNUAL TONNAGE Execution Copy APPENDIX 1 PERCENTAGE OF COUNTY ACCEPTABLE WASTE ATTRIBUTABLE TO PARTICIPATING CITIES FOR PURPOSE OF SECTION 6.2(b) Jurisdiction Percentage of County Acceptable Waste Anaheim 13.4% Santa Ana 10.6% Irvine 7.5% Huntington Beach 6.0% Orange 5.8% Garden Grove 5.1% Fullerton 4.5% Unincolporated Orange County 4.3% Costa Mesa 3.6% Newport Beach 3.0% Lake Forest 2.6% Buena Park 2.5% Mission Viejo 2.3% Westminster 2.3% Yorba Linda 2.3% Brea _ 2.1% Tustin 2.0% Cypress 1.9% La Habra 1.8% San Clemente 1.7% Fountain Valley 1.6% Laguna Niguel 1.6% Placentia 1.6% San Juan Capistrano 1.6% Laguna Beach 1.4% Dana Point 1.2% Stanton 1.1% Rancho Santa Margarita 1.0% Laguna Hills 0.9% Seal Beach 0.8% Aliso Viejo 0.7% Los Alamitos 0.5% La Palma 0.3% Laguna Woods 0.2% Villa Park 0.2% Total 100% (1) Unincorporated County is assumed to be a Participating City for the purposes of determining the Commencement Date in accordance with Section 6.2(b) of this Agreement. (2) A Participating City will only be included for purposing of determining the Commencement Date upon (i) execution of a Waste Disposal Agreement by that Participating City and (ii) execution of a Hauler Acknowledgement(s) by the Franchise Hauler(s) operating within such Participating City Execution Copy APPENDIX 2 CUMULATIVE TONNAGE TARGETS Execution Copy APPENDIX 2 Cumulative County Acceptable Waste Tonnage Target to be Used for Purposes of Section 4.2 (B) Fiscal Year County Acceptable Waste Cumulative County Tonnage Acceptable Waste Tonnage FY 2008-09 3,170,387 3,170,387 FY 2009-10 3,092,806 6,263,193 FY 2010-11 3,185,590 9,448,783 FY 2011-12 3,344.870 12,793,653 FY 2012-13 3,445,216 16,238,869 FY 2013-14 3,514,120 19,752,989 FY 2014-15 3,549,262 23,302,251 FY 2015-16 3,565,608 26,867,859 FY 2016-17 3,582,033 30,449,892 FY 2017-18 3,598,535 34,048,427 FY 2018-19 3,615,115 37,663,542 FY 2019-20 3,631,774 41,295,316 Execution Copy APPENDIX 3 CUMULATIVE CAPITAL COSTS to be Used for Purposes of Section 4.2(A)vi Fiscal Year (ending June 30 Annual Capital Costs Cumulative Capital Costs 2009 $37,939,538 $37,939,538 2010 $59,343,405 $97,282,943 2011 $10,433,978 $107,716,921 2012 $13,678,113 $121,395,034 2013 $17,525,040 $138,920,074 2014 $11,259,518 $150,179,592 2015 $37,682,758 $187,862,350 2016 $5,068,800 $192,931,150 2017 $10,662,265 $203,593,415 2018 $29,397,698 $232,991,113 2019 $8,263,795 $241,254,908 2020 $45,103,805 $286,358,713 Execution Copy APPENDIX 4 FORM OF HAULER ACKNOWLEDGMENT Execution Copy FRANCHISE HAULER ACKNOWLEDGMENT THIS FRANCHISE HAULER ACKNOWLEDGMENT, dated as ofWI 2009 (the "Acknowledgment"), by CR&R, INC. (the "Franchise Hauler"). WITNESSETH WHEREAS, the City of Tustin (the "City") and the Franchise Hauler have heretofore entered into an agreement entitled, CONTRACT FOR THE COLLECTION, TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE AND FOR THE COLLECTION, TRANSPORTATION, PROCESSING AND DIVERSION OF RECYCLABLE MATERIALS, dated as of May 1, 2007 (the "Franchise"); and WHEREAS, the Franchise provides for the collection and disposal of certain municipal solid waste as described therein ("Franchise Waste") generated within the City; and WHEREAS, Orange County (the "County") owns, manages and operates a sanitary landfill disposal system for municipal solid waste generated within the County; and WHEREAS, the City and the County have heretofore entered into a Waste Disposal Agreement, dated as of ,Tune 2 PdaUxxakxexxxikxappmmq, 2009 (the "Disposal Agreement") determining that the execution of such Disposal Agreement will serve the public health, safety and welfare of the residents of the City and County, by maintaining public ownership and stewardship over the Orange County Landfill Disposal System (the "Disposal System"); and WHEREAS, under the Disposal Agreement, the County has agreed to provide long-term disposal of all municipal solid waste generated within the City and the City has agreed to exercise all legal, and contractual power which it possesses from time to time to deliver or cause the delivery of such waste to the Disposal System; and WHEREAS, the provisions of the Waste Disposal Agreement which guarantee capacity for the long term disposal of waste at specified rates generated in the City provide significant benefits to the Franchise Hauler; and WHEREAS, notwithstanding any Franchise provisions to the contrary, the Franchise Hauler explicitly acknowledges the aforementioned benefits to the City, the County and the Franchise Hauler in providing for the disposal of all Franchise Waste to the Disposal System; and WHEREAS, the City desires to obtain, and the Franchise Hauler desires to provide, this Acknowledgment to assure that the City and the Franchise Hauler will be entitled to the benefits of the Waste Disposal Agreement and to assure conformity with the waste delivery obligations which have been agreed to by the City under the Disposal Agreement through the delivery of waste by the Franchise Hauler to the Disposal System; and WHEREAS, the Franchise Hauler's agreement to deliver Franchise Waste to the Disposal Franchise Hauler Acknowledgment Page 1 of 3 639604 1 System under this Acknowledgment is given in consideration of the Franchise Hauler's right to receive the Contract Rate for such disposal as provided in the Disposal Agreement. ACKNOWLEDGMENT NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Franchise Hauler, intending to be legally bound hereby, agrees as follows: 1. Capitalized terms used and not otherwise defined herein are used as defined in the Disposal Agreement. 2. The Franchise Hauler hereby waives any right which it may possess under applicable law to contest on any ground, constitutional, statutory, case law, administrative or otherwise, (a) the right, power or authority of the County or the City to enter into or perform their respective obligations under the Disposal Agreement, (b) the enforceability against the County or the City of the Disposal Agreement, or (c) the right, power or authority of the City to deliver or cause the delivery of all Controllable Waste to the Designated Disposal Facility in accordance with the Disposal Agreement and this Acknowledgment. 3. The Franchise Hauler hereby represents that this Acknowledgment has been duly authorized by all necessary action of its governing body. 4. The Franchise Hauler shall deliver or cause to be delivered all Controllable Waste (including all residue from the processing by any means, wherever conducted, of Controllable Waste), to the Disposal System, and shall otherwise assist the City in complying with its obligations under the Waste Disposal Covenant in Section 3.1 of the Disposal Agreement. 5. The Franchise Hauler shall not haul Controllable Waste to any materials recovery facility, composting facility, intermediate processing facility, recycling center, transfer station or other waste handling or management facility unless the contract or other agreement or arrangement between the Franchise Hauler and the operator of such facility is sufficient in the opinion of the County to assure that the Residue from such facility constituting City Acceptable Waste (or Tonnage equivalencies) and the City Acceptable Waste transferred by such facility shall be delivered to the Designated Disposal Facility in compliance with the Waste Disposal Covenant. 6. The Franchise Hauler shall pay the Contract Rate imposed by the County at the Designated Disposal Facility for the disposal of all Controllable Waste, which rate shall be subject to potential adjustment necessary to reflect the circumstances set forth in the Disposal Agreement. 7. Nothing in this Acknowledgment is intended to restrict any right or responsibility explicitly given the Franchise Hauler in the Franchise to recycle City Acceptable Waste, except as provided in paragraph 5 above with respect to Residue from any such recycling operations. 8. The obligations of the Franchise Hauler under this Acknowledgment shall apply notwithstanding any provision of the Franchise which may conflict herewith. Franchise Hauler Acknowledgment Page 2 of 3 63904 1 9. This Acknowledgment may be enforced by the City by any available legal means. In any enforcement action by the City, the burden of proof shall be on the Franchise Hauler to demonstrate compliance herewith. 10. This Acknowledgment shall be in full force and effect and shall be legally binding upon the Franchise Hauler from the date hereof and shall continue in full force and effect until the earlier of (i) the end of the term of the Franchise or (ii) the end of the term of the Disposal Agreement. 11. The Franchise Hauler agrees that the County shall be an express third party beneficiary of this Acknowledgment, and shall be entitled to independently enforce the obligations of the Franchise Hauler hereunder. 12. The Franchise Hauler agrees to assist the County in verifying tonnage collected by the Franchise Hauler and providing information required by the County. Hauler will provide upon request refuse tonnage collected within the County, and outside the County (if relevant to confirming tonnage origination), separated by jurisdiction, by load type (residential, commercial, roll -off box), and by facility to which it was delivered (specify which landfill or transfer station). The Franchise Hauler will provide customer service levels and route lists. The Franchise Hauler will cooperate with County audits to verify reported origin of tonnage by making records and personnel available to the County and/or its auditors. IN WITNESS WHEREOF, the Franchise Hauler has caused this Acknowledgment to be executed by its duly authorized officers or representatives as of 3 1E day of Ma ; 2009. -'cJrj6 CR&R, INC. Signature: k Printed Name: e 4-J 2 Title: L2,_3 i m-, V %ce PXE'sl-,5F.,i T' Franchise Hauler Acknowledgment Page 3 of 3 RFP Appendix 7 Listing of Tustin AB 1826 Generators by Compliance Tier and by Compliance Status Facility Name Address City Program Element CR&R ID Program Internal FA0000315 ANSAR GALLERY 2505 EL CAMINO REAL TUSTIN SUPERMARKET/BAKERY Y Total FA0002051 ARAMARK AT&T ^ 1452 EDINGER AVE TUSTIN RESTAURANT 201+ FA0002322 SOUPLANTATION ^ 13681 NEWPORT AVE STE 1 TUSTIN RESTAURANT 201+ FA0002449 NEWPORT SPECIALTY 14662 NEWPORT AVE TUSTIN HOSPITAL OR PATIENT FA0005365 TUSTIN CARE CENTER 1051 BRYAN AVE TUSTIN HOSPITAL OR PATIENT FA0005642 EL TORITO RESTAURANT 17420 17TH ST TUSTIN RESTAURANT 201+ FA0008060 COSTCO #122 2655 EL CAMINO REAL TUSTIN SUPERMARKET/BAKERY Y FA0009291 SOCAL WINE AND SPIRITS 1042 E 1ST ST TUSTIN PKGD FOOD MKT OR FA0010522 TUSTIN RANCH GOLF CLUB 12442 TUSTIN RANCH RD TUSTIN RESTAURANT 201+ y FA0011541 ENCORE DINNER THEATRE 690 EL CAMINO REAL TUSTIN RESTAURANT 201+ FA0012450 STATER BROS MARKET 14171 RED HILL AVE TUSTIN SUPERMARKET 6000-29999 Y FA0012736 TUSTIN WINE & SPIRITS^ 14211 RED HILL AVE TUSTIN PKGD FOOD MKT OR FA0012959 RITE AID #5754 13151 JAMBOREE RD TUSTIN PKGD FOOD MKT OR FA0013503 RALPHS GROCERY COMPANY 13321 JAMBOREE RD TUSTIN SUPERMARKET/BAKERY y FA0013895 RODRIGOS MEXICAN GRILL 14882 HOLT AVE TUSTIN RESTAURANT 201+ FA0014252 SMART & FINAL #726^ 1114 IRVINE BLVD TUSTIN SUPERMARKET/BAKERY y FA0014288 17TH STREET BAR & GRILL 17320 E 17TH ST TUSTIN RESTAURANT 201+ y FA0016483 WOKCANO TUSTIN 3015 EL CAMINO REAL TUSTIN RESTAURANT 201+ y FA0022965 99 CENT ONLY STORE 14551 RED HILL AVE TUSTIN PACKAGED FOOD COMM Y FA0039816 CHINA WEST EXPRESS ^ 17292 MCFADDEN AVE TUSTIN RESTAURANT 201+ FA0040685 ALBERTSONS #6574 ^ 13270 NEWPORT AVE TUSTIN SUPERMARKET/BAKERY Y FA0041096 TUSTIN SENIOR CENTER 200 S C ST TUSTIN SENIOR FEEDING Y FA0046534 GROCERY OUTLET OF 12932 NEWPORT AVE STE TUSTIN PKGD FOOD MKT OR FA0047134 WALGREENS #07286 13052 NEWPORT AVE TUSTIN PKGD FOOD MKT OR CONFECTIONARY 2000+SQ FT FA0049755 LUCILLES SMOKEHOUSE 2550 PARK AVE TUSTIN RESTAURANT 201+ y FA0049779 COSTCO WHOLESALE # 2700 PARK AVE TUSTIN SUPERMARKET 30000+ SQ y FA0050538 WINERY, THE 2647 PARK AVE TUSTIN RESTAURANT 201+ y FA0050660 JT SCHMIDS RESTAURANT & 2415 PARK AVE TUSTIN RESTAURANT 201+ Feb -18 FA0050871 RA SUSHI 2401 PARK AVE TUSTIN RESTAURANT 201+ Feb -18 FA0050952 ORANGE COUNTY RESCUE ONE HOPE DR TUSTIN RESTAURANT 201+ y FA0051009 AULD DUBLINER, THE 2497 PARK AVE TUSTIN RESTAURANT 201+ Feb -18 FA0052745 J ZHOU ORIENTAL CUSINE 2601 PARK AVE TUSTIN RESTAURANT 201+ FA0061542 BONEFISH GRILL 3040 EL CAMINO REAL TUSTIN RESTAURANT 201+ y FA0063618 MIZU SUSHI BAR & GRILL 2881 EL CAMINO REAL TUSTIN RESTAURANT 201+ y FA0065422 99 CENT ONLY STORE 13721 NEWPORT AVE STE TUSTIN PKGD FOOD MKT OR Y FA0073416 STATER BROS MARKET 15150 KENSINGTON PARK TUSTIN SUPERMARKET/BAKERY Y CR&R 16 Internal 6 Non-compliz 14 Total 36 Compliance 61% Facility ID Name Address City Program Element CR&R I Internal FA0000834 CALIFORNIA PIZZA 3001 EL CAMINO REAL TUSTIN RESTAURANT 101-150 Y FA0001014 INDIA GATE 2512 WALNUT AVE STE 5 TUSTIN RESTAURANT 61-100 Y FA0001455 DICKEYS BARBECUE 17245 17TH ST STE A TUSTIN RESTAURANT 61-100 FA0001493 JALAPENOS MEXICAN 450 E 1ST ST TUSTIN RESTAURANT 61-100 Y FA0001564 GEN TUSTIN ^ 13741 NEWPORT AVE TUSTIN RESTAURANT 101-150 FA0001989 YE DANG RESTAURANT 2512 WALNUT AVE STE 1 TUSTIN RESTAURANT 61-100 Y FA0002012 SICHUAN 13816 RED HILL AVE TUSTIN RESTAURANT 61-100 Y FA0002045 WENDYS^ 13922 RED HILL AVE TUSTIN RESTAURANT 61-100 FA0002048 CITRUS CAFE ^ 1481 EDINGER AVE TUSTIN RESTAURANT 151-200 FA0002098 PINEAPPLE HILL 654 E 1ST ST TUSTIN RESTAURANT 61-100 Y FA0002183 HAVELI FINE INDIAN 13882 NEWPORT AVE STE TUSTIN RESTAURANT 61-100 FA0002256 ROUND TABLE PIZZA ^ 13771 NEWPORT AVE # 17 TUSTIN RESTAURANT 61-100 FA0002727 OB SQUARE 13832 RED HILL AVE TUSTIN RESTAURANT 61-100 FA0003576 TOMMYS SUSHI & 1051 E MAIN ST TUSTIN RESTAURANT 61-100 Y FA0003734 TUSTIN 14851 YORBA ST TUSTIN HOSPITAL OR PATIENT FA0004052 SAKE 2 ME SUSHI 13951 CARROLL WAY STE A TUSTIN RESTAURANT 101-150 FA0004129 SEOUL GARDEN BBQ 13828 RED HILL AVE TUSTIN RESTAURANT 101-150 Y FA0004745 RUBYS DINER ^ 13102 NEWPORT AVE TUSTIN RESTAURANT 101-150 FA0004893 COCOS #153 ^ 14971 HOLT AVE TUSTIN RESTAURANT 151-200 FA0005170 SPIRES RESTAURANT 13451 NEWPORT AVE TUSTIN RESTAURANT 101-150 FA0005667 EL POLLO LOCO #6073 13421 NEWPORT AVE TUSTIN RESTAURANT 61-100 FA0005757 CRAB COOKER, THE ^ 17260 17TH ST TUSTIN RESTAURANT 101-150 FA0005801 BELACAN GRILL 17460 E 17TH ST TUSTIN RESTAURANT 101-150 FA0005960 ZOVS BISTRO ^ 17440 17TH ST STE A TUSTIN RESTAURANT 101-150 FA0006072 PHO HUNG VUONG ^ 14182 NEWPORT AVE STE TUSTIN RESTAURANT 61-100 FA0006241 TUSTIN BREWING 13011 NEWPORT AVE STE TUSTIN RESTAURANT 151-200 FA0007343 DOSA PLACE 13812 RED HILL AVE TUSTIN RESTAURANT 61-100 Y FA0008120 IN -N -OUT BURGER #63 3020 EL CAMINO REAL TUSTIN RESTAURANT 61-100 FA0009236 FULL MOON SUSHI III 498 E 1ST ST TUSTIN RESTAURANT 61-100 FA0009401 CHINA PALACE 13444 NEWPORT AVE TUSTIN RESTAURANT 151-200 FA0009852 CAFE CHINA SUPER 17631 17TH ST TUSTIN RESTAURANT 61-100 FA0009983 TUSTIN GRILLE ^ 405 EL CAMINO REAL TUSTIN RESTAURANT 61-100 FA0010097 PICK UP STIX 13289 JAMBOREE RD TUSTIN RESTAURANT 61-100 Y FA0011111 THE WALNUT ROOM^ 1060 WALNUT AVE TUSTIN TAVERN UNDER 60 FA0011546 TUSTIN INN 440 E 1ST ST TUSTIN TAVERN UNDER 60 FA0011965 KOKIS TEPPANYAKI 1061 E MAIN ST TUSTIN RESTAURANT 61-100 Y FA0012215 SWINGING DOOR 355 EL CAMINO REAL TUSTIN TAVERN UNDER 60 FA0012450 STATER BROS MARKET 14171 RED HILL AVE TUSTIN SUPERMARKET 6000-29999 FA0012452 EL POLLO LOCO 3002 EL CAMINO REAL TUSTIN RESTAURANT 61-100 Y FA0012496 GOLDEN CHINA 1046 WALNUT AVE TUSTIN RESTAURANT 101-150 FA0012572 SUPER ANT03ITOS 341 E 1ST ST TUSTIN RESTAURANT 101-150 FA0012638 FRIENDS CAFE ^ 17391 17TH ST TUSTIN RESTAURANT 61-100 Y FA0012656 RACK UM UP SPORTS 14258 NEWPORT AVE TUSTIN TAVERN UNDER 60 FA0013131 DEVAS^ 672 EL CAMINO REAL TUSTIN TAVERN UNDER 60 FA0013256 ROMA D ITALIA 611 EL CAMINO REAL TUSTIN RESTAURANT 151-200 Y FA0013350 WAHOOS FISH TACO ^ 13791 NEWPORT AVE STE 4 TUSTIN RESTAURANT 101-150 FA0013917 R -RANCH MARKETS # 1112 WALNUT AVE TUSTIN SUPERMARKET 6000-29999 FA0015096 MIMIS CAFE #7 ^ 17231 17TH ST TUSTIN RESTAURANT 151-200 FA0015349 DENNYS #6652^ 1571 EL CAMINO REAL TUSTIN RESTAURANT 151-200 FA0018005 CAFE RIO^ 1140 IRVINE BLVD TUSTIN RESTAURANT 61-100 FA0018779 MARTYS BAR & GRILL 14401 NEWPORT AVE TUSTIN RESTAURANT 101-150 FA0019901 HONDA-YA 556 EL CAMINO REAL TUSTIN RESTAURANT 61-100 FA0020565 INDIA KITCHEN 14131 REDHILL AVE TUSTIN RESTAURANT 61-100 FA0021125 RUBIOS FRESH 2955 EL CAMINO REAL STE TUSTIN RESTAURANT 61-100 FA0021291 UOKO JAPANESE 17582 17TH ST STE 103 TUSTIN RESTAURANT 61-100 FA0021757 GODFATHERS DEN ^ 420 E 1ST ST TUSTIN TAVERN 61-100 PERSONS FA0022202 KITAJIMAA 658 N EL CAMINO REAL TUSTIN RESTAURANT 61-100 FA0042442 JOHNS PLACE ^ 171 E 1ST ST TUSTIN RESTAURANT 61-100 FA0046746 FRESCAS MEXICAN 1621 EDINGER AVE 102 TUSTIN RESTAURANT 61-100 FA0047474 SUSHI DAMU 13962 NEWPORT AVE STE TUSTIN RESTAURANT 61-100 FA0047999 IVY CAFE 14001 NEWPORT AVE STE TUSTIN RESTAURANT 61-100 FA0049669 PANERA BREAD 13205 JAMBOREE RD TUSTIN RESTAURANT 61-100 FA0049732 CHICK FIL A 2889 PARK AVE TUSTIN RESTAURANT 101-150 FA0049924 DAPHNES CALIFORNIA 2360 PARK AVE STE 9H TUSTIN RESTAURANT 61-100 FA0050189 PEI WEI ASIAN DINER 2695 PARK AVE TUSTIN RESTAURANT 101-150 FA0050234 LUNA ROSSA 2449 PARK AVE TUSTIN RESTAURANT 61-100 FA0050490 FIVE GUYS BURGERS & 2427 PARK AVE TUSTIN RESTAURANT 61-100 FA0051081 BLACK MARLIN, THE 560 EL CAMINO REAL TUSTIN RESTAURANT 101-150 FA0051434 IN -N -OUT BURGER 2895 PARK AVE TUSTIN RESTAURANT 61-100 FA0052097 BOWLMOR LANES 2405 PARK AVE TUSTIN RESTAURANT 101-150 FA0053141 RED ROBIN GOURMET 2667 PARK AVE TUSTIN RESTAURANT 151-200 FA0061278 RESIDENCE INN BY 15181 NEWPORT AVE TUSTIN RESTAURANT 101-150 FA0061404 FAIRFIELD FMC ^ 15011 NEWPORT AVE TUSTIN RESTAURANT 101-150 PERSONS FA0064824 MR HOLMES BAKE 2493 PARK AVE TUSTIN SUPERMARKET 6000-29999 FA0065048 KETTLE BAR 2493 PARK AVE STE 41 TUSTIN RESTAURANT 61-100 FA0066448 MIGUELS JR 2855 EL CAMINO REAL TUSTIN RESTAURANT 101-150 FA0068749 MELT, THE 2943 EL CAMINO REAL TUSTIN RESTAURANT 61-100 FA0070246 SNOOZE, AN AM 3032 EL CAMINO REAL TUSTIN RESTAURANT 101-150 FA0070473 HOPDODDY BURGER 3030 EL CAMINO REAL TUSTIN RESTAURANT 101-150 FA0071973 TRADER DOES 1198 IRVINE BLVD TUSTIN SUPERMARKET 6000-29999 FA0072514 CHIPOTLE MEXICAN 15040 KENSINGTON PARK TUSTIN RESTAURANT 101-150 FA0074754 HA LONG BAY PHO 13152 NEWPORT AVE # A TUSTIN RESTAURANT 101-150 FA0075322 BOARD AND BREW 15040 E KENSINGTON TUSTIN RESTAURANT 61-100 FA0075345 THE PIZZA PRESS 15090 KENSINGTON PARK TUSTIN RESTAURANT 61-100 CR&R Programs 35 Non-compliant 48 total 83 Compliance rate 42% Y Y Y Y Y Feb -18 Feb -18 Feb -18 Feb -18 Y Feb -18 Y Y Y Feb -18 Y Y Y Y Y T CR&R Facility ID Name Address City Program Element Program FA0000328 ITALIAN EXPRESS 18331 IRVINE BLVD TUSTIN RESTAURANT 31-60 STE B PERSONS - COMPLEX FA0000408 GRAPE LEAF MEDITERANEAN GRILL ^ 17582 E 17TH ST STE TUSTIN RESTAURANT 31-60 105 PERSONS - COMPLEX FA0000742 TESORO USA #63075 ^ 14121 NEWPORT AVE TUSTIN SUPERMARKET 2000-5999 SO FT FA0001038 ST JEANNE DE LESTONNAC SCHOOL ^ 16791 E MAIN ST TUSTIN PRIVATE SCHOOL - UNPACKAGED - COMPLEX FA0001426 GREEK CUISINE ^ 13011 NEWPORT AVE TUSTIN RESTAURANT 31-60 STE 113 PERSONS - COMPLEX FA0001521 PAIN D OR BAKERY 2640 WALNUT AVE STE TUSTIN WHOLESALE BAKERY 2000 I J 5999 SO FT FA0001943 BAROLO CAFE ^ 13771 NEWPORT AVE TUSTIN RESTAURANT 31-60 STE 9 PERSONS - COMPLEX FA0002320 KING LIQUOR MARKET ^ 17102 MCFADDEN AVE TUSTIN SUPERMARKET 2000-5999 SO FT FA0002500 STUFFER DELI & POKI 2512 WALNUT AVE STE TUSTIN RESTAURANT 31-60 3 PERSONS - COMPLEX FA0003252 7 -ELEVEN #2172-25817C 14460 NEWPORT AVE TUSTIN SUPERMARKET 2000-5999 STE A S FT FA0003577 LOS COTIJAS TACO SHOP 642 E 1ST ST TUSTIN RESTAURANT 31-60 PERSONS - COMPLEX FA0003626 ORANGE COUNTY KOSHER MARKET 688 EL CAMINO REAL TUSTIN SUPERMARKET 2000-5999 SO FT FA0004265 MOREYS PLACE 303 EL CAMINO REAL TUSTIN RESTAURANT 31-60 PERSONS - COMPLEX FA0004475 YOSHINOYA BEEF BOWL #133 ^ 14510 NEWPORT AVE TUSTIN RESTAURANT 31-60 PERSONS FA0004986 7 -ELEVEN #2172-20705D 15202 WILLIAMS ST TUSTIN SUPERMARKET 2000-5999 SO FT FA0005186 BREAD BASKET, THE 15471 RED HILL AVE TUSTIN RESTAURANT 31-60 PERSONS - COMPLEX FA0005232 SUSHI BEAR 17292 MCFADDEN AVE TUSTIN RESTAURANT 31-60 STE B PERSONS FA0005363 OKI DOKI TUSTIN ^ 13681 NEWPORT AVE TUSTIN RESTAURANT 31-60 STE 9 PERSONS - COMPLEX FA0005397 RUTABEGORZ ^ 158 W MAIN ST TUSTIN RESTAURANT 31-60 PERSONS - COMPLEX Y FA0005520 TOGOS EATERY 556 E 1ST ST TUSTIN RESTAURANT 31-60 PERSONS Y FA0005578 SUVARNABHUMI THAI RESTAURANT ^ 13572 NEWPORT AVE TUSTIN RESTAURANT 31-60 PERSONS - COMPLEX Y FA0005666 CAFE AMERICA 2680 WALNUT AVE STE TUSTIN RESTAURANT 31-60 D PERSONS FA0005771 CLASSIC BURGERS CAFE # 7 ^ 15712 TUSTIN VILLAGE TUSTIN RESTAURANT 31-60 WAY PERSONS - COMPLEX FA0005872 ALBERTO'S MEXICAN FOOD ^ 14551 NEWPORT AVE TUSTIN RESTAURANT 31-60 PERSONS - COMPLEX FA0006622 CLAROS ITALIAN MARKET ^ 1095 E MAIN ST TUSTIN SUPERMARKET 2000-5999 S FT - COMPLEX Y FA0006733 GYU-KAKU RESTAURANT ^ 14181 NEWPORT AVE TUSTIN RESTAURANT 31-60 STE A&B PERSONS - COMPLEX FA0007314 CHEVRON STATION INC #1807 ^ 17241 17TH ST TUSTIN SUPERMARKET 2000-5999 SO FT FA0007478 LINCOLN SPRING MARKET ^ 725 EL CAMINO REAL TUSTIN SUPERMARKET 2000-5999 SO FT FA0007650 7-ELEVEN #2172-17839D ^ 610 W 1ST ST TUSTIN SUPERMARKET 2000-5999 SO FT FA0008124 COUNTRY HOUSE 2852 WALNUT AVE AVE TUSTIN PROCESSING PLANT #B UNPKG 2000-5999 SO FT FA0008919 WIENERSCHNITZEL #287^ 105 EL CAMINO REAL TUSTIN RESTAURANT 31-60 PERSONS - COMPLEX FA0009145 BURGER KING #9772 13221 JAMBOREE RD TUSTIN RESTAURANT 31-60 PERSONS FA0009709 HOLE MOLE ^ 14430 NEWPORT AVE TUSTIN RESTAURANT 31-60 STE F PERSONS - COMPLEX FA0009749 MCDONALDS 2452 BRYAN AVE TUSTIN RESTAURANT 31-60 PERSONS FA0011114 VOKO KARAOKE & RESTAURANT 14561 RED HILL AVE TUSTIN RESTAURANT 31-60 PERSONS - COMPLEX FA0011457 GURU PALACE 17292 MCFADDEN AVE TUSTIN RESTAURANT 31-60 STE A PERSONS - COMPLEX FA0011600 EL RODEO MEAT MARKET 14702 NEWPORT AVE TUSTIN SUPERMARKET 2000-5999 SO FT FA0011801 TUSTIN CIRCLE K 12892 NEWPORT AVE TUSTIN SUPERMARKET 2000-5999 SO FT Y FA0011827 7-ELEVEN STORE 2172-39017AA 14090 RED HILL AVE TUSTIN SUPERMARKET 2000-5999 SO FT FA0012786 7-ELEVEN #2172-13799B ^ 16791 MCFADDEN AVE TUSTIN SUPERMARKET 2000-5999 SO FT FA0013425 MAGIC WOK CHINESE FOOD ^ 608 E 1ST ST TUSTIN RESTAURANT 31-60 PERSONS - COMPLEX Y FA0013485 BOSTON MARKET #624 13125 JAMBOREE RD TUSTIN RESTAURANT 31-60 PERSONS - COMPLEX Y FA0013947 RED HILL LUTHERAN SCHOOL ^ 13200 RED HILL AVE TUSTIN PRIVATE SCHOOL - PREPACKAGED FA0014565 STARBUCKS COFFEE #5506 ^ 17245 17TH ST TUSTIN RESTAURANT 31-60 PERSONS Y FA0016755 JACK IN THE BOX #396 ^ 17401 17TH ST TUSTIN RESTAURANT 31-60 PERSONS FA0016762 JACK IN THE BOX ^ 14002 NEWPORT AVE TUSTIN RESTAURANT 31-60 PERSONS FA0017070 ONO ONO HAWAIIAN BBQ & VEGGIE ^ 17582 E 17TH ST STE TUSTIN RESTAURANT 31-60 104 PERSONS - COMPLEX FA0017361 INDIA SPICES & GROCERIES ^ 14441 NEWPORT AVE TUSTIN SUPERMARKET 2000-5999 S FT - COMPLEX FA0017379 HERITAGE LIQUOR ^ 151 N TUSTIN AVE TUSTIN SUPERMARKET 2000-5999 S FT - COMPLEX FA0019398 LONG HAI RESTAURANT 682 EL CAMINO REAL TUSTIN RESTAURANT 31-60 PERSONS - COMPLEX FA0019615 SILVER SPOON WRAP N ROLL 13112 NEWPORT AVE TUSTIN RESTAURANT 31-60 STE D PERSONS - COMPLEX FA0019785 DEL TACO #21^ 13801 RED HILL AVE TUSTIN RESTAURANT 31-60 PERSONS FA0019992 PIZZA SHACK 14201 RED HILL AVE TUSTIN RESTAURANT 31-60 PERSONS - COMPLEX FA0021071 HONG KONG EXPRESS 14262 NEWPORT AVE TUSTIN RESTAURANT 31-60 PERSONS - COMPLEX FA0021977 BAGEL ME ^ 13682 NEWPORT AVE TUSTIN RESTAURANT 31-60 PERSONS FA0022971 BAR NONE INC 1302 SANTA FE DR TUSTIN PROCESSING PLANT UNPKG 6000-29999 S FA0038295 TANAKAYA^ 654 EL CAMINO REAL TUSTIN RESTAURANT 31-60 PERSONS - COMPLEX FA0039013 SUBWAY/CIRCLE K/TUSTIN FIELD GAS 3017 E EDINGER AVE TUSTIN SUPERMARKET 2000-5999 SO FT FA0039028 STARBUCKS COFFEE #6475^ 1450 EL CAMINO REAL TUSTIN RESTAURANT 31-60 PERSONS Y FA0040739 YANGS BRAISED CHICKEN RICE 13824 RED HILL AVE TUSTIN RESTAURANT 31-60 PERSONS - COMPLEX FA0042139 CENTRO ^ 140 E MAIN TUSTIN RESTAURANT 31-60 PERSONS FA0047042 ORANGE ROLL & SUSHI 139 W FIRST ST STE A TUSTIN RESTAURANT 31-60 PERSONS - COMPLEX FA0047048 MAKI ZUSHI 1641 EDINGER AVE STE TUSTIN RESTAURANT 31-60 101 PERSONS - COMPLEX Y FA0047131 PUSH INTUITION LLC 137 W FIRST ST STE A TUSTIN RESTAURANT 31-60 PERSONS - COMPLEX FA0047147 LOST BEAN, THE 13011 NEWPORT AVE TUSTIN RESTAURANT 31-60 #104 PERSONS - COMPLEX FA0048762 WAYPOINT 2642 MICHELLE DR TUSTIN PROCESSING PLANT UNPKG 2000-5999 SO FT FA0049221 CHIPOTLE MEXICAN GRILL ^ 13348 NEWPORT BLVD TUSTIN RESTAURANT 31-60 PERSONS - COMPLEX FA0049226 0 SHINE TAIWANESE KITCHEN^ 13834 RED HILL AVE TUSTIN RESTAURANT 31-60 PERSONS - COMPLEX FA005000 TARGET 2300 PARK AVE TUSTIN RESTAURANT 31-60 3 1 PERSONS FA005043 WHOLE FOODS MARKET 2847 PARK AVE TUSTIN RETAIL BAKERY UNDER 6 2000 SO FT Y FA0050669 THAI BAMBOO BISTRO 2417 PARK AVE TUSTIN RESTAURANT 31-60 PERSONS - COMPLEX FA0052845 ARBYS 13982 NEWPORT AVE TUSTIN RESTAURANT 31-60 PERSONS FA0056174 FREESOULCAFFE ^ 191 E MAIN ST STE 1B TUSTIN RESTAURANT 31-60 PERSONS - COMPLEX FA0056490 ST CECILIA SCHOOL 1311 SE SYCAMORE TUSTIN PRIVATE SCHOOL - PREPACKAGED FA0057344 GRACE HARBOR CHURCH & SCHOOL ^ 12881 NEWPORT AVE TUSTIN PRIVATE SCHOOL - UNPACKAGED - COMPLEX FA0057938 GOHAN SUSHI ^ 13842 NEWPORT AVE TUSTIN RESTAURANT 31-60 STE C PERSONS - COMPLEX FA0059884 7-ELEVEN ^ 13842 NEWPORT AVE TUSTIN SUPERMARKET 2000-5999 STE F S FT FA0062271 GLOBAL JJ GROUP 2630 WALNUT AVE STE TUSTIN PROCESSING PLANT H UNPKG 2000-5999 SO FT FA0062522 STARBUCKS COFFEE #20537 15071 NEWPORT AVE TUSTIN RESTAURANT 31-60 PERSONS FA0063269 I SUBWAY 58597 15081 NEWPORT AVE I TUSTIN I RESTAURANT 31-60 PERSONS FA0063538 PINOT'S PALETTE 2479 PARK AVE TUSTIN RESTAURANT 31-60 PERSONS Feb -18 FA0065473 THE KROFT @ UNION MARKET 2493 PARK AVE STE 2 TUSTIN RESTAURANT 31-60 PERSONS - COMPLEX Feb -18 FA0065710 INCA PICA FOODS 14731 FRANKLIN ST TUSTIN PROCESSING PLANT STE J UNPKG 2000-5999 SO FT FA0073546 BURGER BOSS 15080 KENSINGTON TUSTIN RESTAURANT 31-60 PARK DR PERSONS - COMPLEX FA0074360 MARISCOS VALENCIA RESTAURANT 15761 TUSTIN VILLAGE TUSTIN RESTAURANT 31-60 WAY # 104 PERSONS - COMPLEX FA0004338 TACO BELL ^ 17502 17TH ST TUSTIN RESTAURANT 61-100 PERSONS - COMPLEX FA0007673 TACO BELL #17471^ 14042 RED HILL AVE TUSTIN RESTAURANT 61-100 PERSONS - COMPLEX FA0011397 CARLS JR #630 2992 EL CAMINO REAL TUSTIN RESTAURANT 61-100 PERSONS FA0011398 BURGER KING 14601 RED HILL AVE TUSTIN RESTAURANT 61-100 PERSONS FA0012325 PIZZA HUT #32001^ 14531 RED HILL AVE TUSTIN RESTAURANT 61-100 PERSONS FA0014797 MCDONALDS ^ 245 E 1ST ST TUSTIN RESTAURANT 61-100 PERSONS FA0017322 JACK IN THE BOX #3275 3089 EDINGER AVE TUSTIN RESTAURANT 61-100 PERSONS FA0017751 CARLS JR #617 ^ 14041 NEWPORT AVE TUSTIN RESTAURANT 61-100 PERSONS CR&R Prograr 13 Non-compliar 78 total 91 Compliance r 14% -T T - Facility ID Name Address City Program Element CR&R program FA0000357 PETERS GOURMADE GRILL ^ 14311 NEWPORT AVE STE TUSTIN RESTAURANT UNDER 31 FA0000441 THAI CHAIYO ^ 17602 E 17TH ST STE 104 TUSTIN RESTAURANT UNDER 31 FA0000555 SUBWAY^ 14535 RED HILL AVE TUSTIN RESTAURANT UNDER 31 FA0001026 HONEY BAKED HAM ^ 13771 NEWPORT AVE STE TUSTIN RESTAURANT UNDER 31 FA0001874 KEAN COFFEE 13681 NEWPORT AVE STE TUSTIN RESTAURANT UNDER 31 FA0001980 POKI TIKI-TUSTIN ^ 13771 NEWPORT AVE STE TUSTIN RESTAURANT UNDER 31 Y FA0002095 J FISH ^ 13882 NEWPORT AVE STE TUSTIN RESTAURANT UNDER 31 FA0002270 IRVINE CHINESE FOOD 1086 IRVINE BLVD TUSTIN RESTAURANT UNDER 31 FA0002280 KIM HUONG VIETNAMESE & 17311 MCFADDEN AVE TUSTIN RESTAURANT UNDER 31 FA0002624 NAAN & KABOB 416 E 1ST ST TUSTIN RESTAURANT UNDER 31 FA0002912 30GHURT 17395 17TH ST STE C TUSTIN RESTAURANT UNDER 31 FA0003041 SUSHI WASABI ^ 14460 NEWPORT AVE STE TUSTIN RESTAURANT UNDER 31 FA0003065 MC CHARLES HOUSE, THE ^ 335 S C ST TUSTIN RESTAURANT UNDER 31 FA0003201 SAVY DONUTS & SMOOTHIES 14460 NEWPORT AVE STE TUSTIN RESTAURANT UNDER 31 FA0003335 PHO BAC KY^ 14207 RED HILL AVE TUSTIN RESTAURANT UNDER 31 FA0004616 PIZZA HUT #32014 ^ 13662 NEWPORT AVE TUSTIN RESTAURANT UNDER 31 FA0005131 NEW YORK PIZZA FAKTORY & 13842 NEWPORT AVE STE TUSTIN RESTAURANT UNDER 31 FA0005436 WHICH WICH 2941 EL CAMINO REAL TUSTIN RESTAURANT UNDER 31 Y FA0005499 OSCARS DELI & GRILL ^ 17602 E 17TH ST STE 101 TUSTIN RESTAURANT UNDER 31 FA0005655 COFFEE GRINDER, THE ^ 17350 17TH ST STE A TUSTIN RESTAURANT UNDER 31 FA0005697 EL HABANERO MEXICAN FOOD 17292 MCFADDEN AVE TUSTIN RESTAURANT UNDER 31 FA0005772 CALIFORNIA FRESH CATERING 15011 PARKWAY LOOP TUSTIN CATERING UNDER 2000 SQ FT FA0006040 PINAS BISTRO 640 W 1ST ST STE C TUSTIN RESTAURANT UNDER 31 FA0006044 DONUT KING BAKERY ^ 14182 NEWPORT AVE STE TUSTIN RESTAURANT UNDER 31 FA0006284 SUBWAY SANDWICHES ^ 17395 17TH ST STE B TUSTIN RESTAURANT UNDER 31 FA000673 GYU-KAKU RESTAURANT ^ 3 14181 NEWPORT AVE STE A&B TUSTIN SATELLITE FOOD SERVICE - PREPACKAGED FOOD FA0007346 BRONX SANDWICH COMPANY 13041 NEWPORT AVE TUSTIN RESTAURANT UNDER 31 FA0008089 STARBUCKS COFFEE #552 ^ 552 E 1ST ST TUSTIN RESTAURANT UNDER 31 FA0008124 COUNTRY HOUSE 2852 WALNUT AVE AVE 2852 WALNUT AVE AVE TUSTIN TUSTIN PROCESSING PLANT (UNPKG) SATELLITE FOOD SERVICE - FA0009173 HABUYA OKINAWAN DINING 14215 RED HILL AVE TUSTIN RESTAURANT UNDER 31 FA0009447 DONUT STAR 13165 JAMBOREE RD TUSTIN RESTAURANT UNDER 31 Y FA0009610 FIRST CLASS PIZZA 13175 JAMBOREE RD TUSTIN RESTAURANT UNDER 31 FA0009721 EL BUEN SABOR RESTAURANT 14141 RED HILL AVE TUSTIN RESTAURANT UNDER 31 FA0010897 KS DONUTS ^ 640 E 1ST ST TUSTIN RESTAURANT UNDER 31 FA0011191 SUBWAY #16365 13135 JAMBOREE RD TUSTIN RESTAURANT UNDER 31 Y FA0011327 PIADINA 2933 EL CAMINO REAL TUSTIN RESTAURANT UNDER 31 Y FA0011425 FLAME BROILER, THE ^ 17612 E 17TH ST STE 102 TUSTIN RESTAURANT UNDER 31 Y FA0012078 ALBERTAS MEXICAN FOOD 765 EL CAMINO REAL TUSTIN RESTAURANT UNDER 31 FA0012239 EL CHILITO TAQUERIA ^ 15852 PASADENA AVE TUSTIN RESTAURANT UNDER 31 FA0012373 EXPRESS SPORTS CAFE 12850 ROBINSON DR TUSTIN RESTAURANT UNDER 31 FA0013177 IVYS BRIDGE TO BETTER j462 EL CAMINO REAL j TUSTIN j RESTAURANT UNDER 31 FA0013724 DOMINOS PIZZA 14152 NEWPORT AVE TUSTIN RESTAURANT UNDER 31 FA0013773 SUBWAY #10374 ^ 13662 NEWPORT AVE STE TUSTIN RESTAURANT UNDER 31 FA0014071 TACO FACTORY ^ 14455 NEWPORT AVE TUSTIN RESTAURANT UNDER 31 FA0014141 KAIRAKUTEI ^ 17292 MCFADDEN AVE TUSTIN RESTAURANT UNDER 31 FA0014502 NEKTER JUICE BAR 2937 EL CAMINO REAL TUSTIN RESTAURANT UNDER 31 FA0014793 DAIRY QUEEN 2939 EL CAMINO REAL TUSTIN RESTAURANT UNDER 31 Y FA0016232 KFC^ 1022 E 1ST ST TUSTIN RESTAURANT UNDER 31 FA0017344 YOGIS TERIYAKI^ 1108 IRVINE BLVD TUSTIN RESTAURANT UNDER 31 FA0017811 AMECI PIZZA KITCHEN ^ 648 E 1ST ST TUSTIN RESTAURANT UNDER 31 FA0018522 STARBUCKS COFFEE #11028 2959 EL CAMINO REAL TUSTIN RESTAURANT UNDER 31 FA0019437 D KS DONUTS^ 1082 IRVINE BLVD TUSTIN RESTAURANT UNDER 31 FA0020643 DATE CAFE 13931 CARROLL WAY STE TUSTIN RESTAURANT UNDER 31 FA0022520 PAPA JOHNS PIZZA^ 1104 IRVINE BLVD TUSTIN RESTAURANT UNDER 31 FA0022971 BAR NONE INC 1302 SANTA FE DR TUSTIN PROCESSING PLANT (UNPKG) FA0035180 CREAM PAN 602 EL CAMINO REAL TUSTIN RESTAURANT UNDER 31 PERSONS - COMPLEX Y FA0038273 RASOI CURRY POINT 678 EL CAMINO REAL TUSTIN RESTAURANT UNDER 31 FA0039249 EL TORO BRAVO^ 1450 EL CAMINO REAL TUSTIN RESTAURANT UNDER 31 FA0039486 POKE TOWN ^ 1450 EL CAMINO REAL TUSTIN RESTAURANT UNDER 31 FA0039703 BASKIN ROBBINS ^ 535 MAIN ST STE B TUSTIN RESTAURANT UNDER 31 FA0041654 SUTHA THAI KITCHEN 1161 IRVINE BLVD TUSTIN RESTAURANT UNDER 31 FA0046778 STARBUCKS COFFEE #9256 ^ 1621 EDINGER AVE STE B TUSTIN RESTAURANT UNDER 31 y FA0047388 THH SANDWICHES ^ 14081 NEWPORT AVE TUSTIN RESTAURANT UNDER 31 FA0047553 PEETS COFFEE & TEA 12932 NEWPORT AVE STE TUSTIN RESTAURANT UNDER 31 FA0048750 Z PIZZA ^ 12932 NEWPORT AVE STE TUSTIN RESTAURANT UNDER 31 FA0048762 WAYPOINT 2642 MICHELLE DR TUSTIN PROCESSING PLANT (UNPKG) FA0048912 JUST THIS CAFE 14145 RED HILL AVE TUSTIN RESTAURANT UNDER 31 PERSONS - COMPLEX FA0049910 AMC THEATRES TUSTIN # 14 2457 PARK AVE TUSTIN RESTAURANT UNDER 31 FA0050244 SUBWAY 2342 PARK AVE TUSTIN RESTAURANT UNDER 31 FA0050303 ROCKY MOUNTAIN 2461 PARK AVE TUSTIN RESTAURANT UNDER 31 FA005043 6 WHOLE FOODS MARKET 1 2847 PARK AVE TUSTIN RESTAURANT UNDER 31 PERSONS - COMPLEX FA0050582 MOB TOWN PIZZA 2455 PARK AVE TUSTIN RESTAURANT UNDER 31 FA0050743 FLAME BROILER, THE 2419 PARK AVE TUSTIN RESTAURANT UNDER 31 FA0050890 IKES LOVE & SANDWICHES 2487 PARK AVE TUSTIN RESTAURANT UNDER 31 FA0050925 ALOHA HAWAIIAN BBQ 2336 PARK AVE TUSTIN RESTAURANT UNDER 31 FA0050949 BEN & JERRYS 2459 PARK AVE TUSTIN RESTAURANT UNDER 31 FA0051440 HALAL GUYS, THE 2883 PARK AVE TUSTIN RESTAURANT UNDER 31 FA0051469 YOGURTLAND ^ 13842 NEWPORT AVE STE TUSTIN RESTAURANT UNDER 31 FA0051476 YAKITORI DINING 14071 NEWPORT AVE TUSTIN RESTAURANT UNDER 31 FA0052097 BOWLMOR LANES ORANGE COUNTY 2405 PARK AVE TUSTIN SATELLITE FOOD SERVICE - PREPACKAGED FOOD FA0053825 GO BANANAZ^ 1084 IRVINE BLVD TUSTIN RESTAURANT UNDER 31 FA0054486 NOTHING BUNDT CAKES 2875 PARK AVE TUSTIN RESTAURANT UNDER 31 FA0056476 I LITTLE CAESARS #5968 ^ 114111 NEWPORT AVE TUSTIN RESTAURANT UNDER 31 FA0056642 SUBWAY #49681^ 1106 IRVINE AVE TUSTIN RESTAURANT UNDER 31 FA0057036 DELICIOUS WATER ^ 1022 WALNUT AVE TUSTIN RESTAURANT UNDER 31 FA0057380 FLAME BROILER, THE ^ 13812 NEWPORT AVE STE TUSTIN RESTAURANT UNDER 31 FA0058070 AFTERS ICE CREAM ^ 13662 NEWPORT AVE STE TUSTIN RESTAURANT UNDER 31 FA0058556 POPS KETTLE KORN 13681 NEWPORT AVE STE TUSTIN RESTAURANT UNDER 31 FA0059323 POZZUOLI WINERY^ 15481 RED HILL AVE STE TUSTIN RESTAURANT UNDER 31 FA0059389 JERSEY MIKES SUBS ^ 13681 NEWPORT AVE # TUSTIN RESTAURANT UNDER 31 FA0059659 SUBWAY 36 AUTO CENTER DR TUSTIN RESTAURANT UNDER 31 FA0060694 EL CAMINO CAFE ^ 195 EL CAMINO REAL TUSTIN RESTAURANT UNDER 31 FA0060705 ALL IS WELLNESS ^ 14099 NEWPORT AVE TUSTIN RESTAURANT UNDER 31 FA0060777 ARCHIES ICE CREAM ^ 12932 N NEWPORT AVE TUSTIN RESTAURANT UNDER 31 Y FA0060884 7 LEAVES CAFE ^ 13771 NEWPORT AVE STE TUSTIN RESTAURANT UNDER 31 FA0061190 ACAI REPUBLIC 632 EL CAMINO REAL STE TUSTIN RESTAURANT UNDER 31 FA006127 RESIDENCE INN BY 15181 NEWPORT AVE TUSTIN SATELLITE FOOD SERVICE - FA006140 FAIRFIELD FMC ^ 15011 NEWPORT AVE TUSTIN SATELLITE FOOD SERVICE - FA0062271 GLOBAL JJ GROUP 2630 WALNUT AVE STE H TUSTIN PROCESSING PLANT (UNPKG) FA0062675 TORTAS Y JUGOS SAHUAYO ^ 14520 NEWPORT AVE STE TUSTIN RESTAURANT UNDER 31 FA0062851 KOLACHE FACTORY 14091 NEWPORT AVE STE TUSTIN RESTAURANT UNDER 31 FA0063232 FLAME BROILER #153, THE 15091 NEWPORT AVE TUSTIN RESTAURANT UNDER 31 FA0063845 BOBA SQUARE 2481 PARK AVE TUSTIN RESTAURANT UNDER 31 FA0064968 MARTINEZ NUTRITION 17311 E MCFADDEN AVE TUSTIN RESTAURANT UNDER 31 FA006504 8 KETTLE BAR 2493 PARK AVE STE 41 TUSTIN SATELLITE FOOD SERVICE - PREPACKAGED FOOD FA0065072 PORTOLA COFFEE LAB 2493 PARK AVE STE 15 TUSTIN RESTAURANT UNDER 31 PERSONS 2493 PARK AVE STE 15 TUSTIN SATELLITE FOOD SERVICE - PREPACKAGED FOOD FA0065710 INCA PICA FOODS 14731 FRANKLIN ST STE J TUSTIN PROCESSING PLANT (UNPKG) FA0066283 CENTRAL BAR AT UNION 2493 PARK AVE TUSTIN SATELLITE FOOD SERVICE - FA0067862 UNION MARKET 2493 PARK AVE TUSTIN SATELLITE FOOD SERVICE - 2493 PARK AVE TUSTIN SATELLITE FOOD SERVICE - PREPACKAGED FOOD FA0068340 LEAF N CREAM 14089 NEWPORT AVE TUSTIN RESTAURANT UNDER 31 FA0068354 MARCONI AUTOMOTIVE 1302 INDUSTRIAL DR TUSTIN RESTAURANT UNDER 31 FA0068720 CUBED POKE 2493 PARK AVE 18 TUSTIN RESTAURANT UNDER 31 PERSONS - COMPLEX FA0069391 GLORIAS NUTRITION - 735 EL CAMINO REAL TUSTIN RESTAURANT UNDER 31 FA0069478 CREPE COOP @ UNION 2493 PARK AVE STE 5 TUSTIN RESTAURANT UNDER 31 FA0069850 AMERICAN GRUB 365 EL CAMINO REAL TUSTIN RESTAURANT UNDER 31 FA0069866 CHURNED CREAMERY 2493 PARK AVE # 21 TUSTIN RESTAURANT UNDER 31 PERSONS FA0070352 ZAMA TEA ^ 434 EL CAMINO REAL TUSTIN RESTAURANT UNDER 31 FA0070525 CHRONIC TACOS 14075 NEWPORT AVE TUSTIN RESTAURANT UNDER 31 FA0070703 CREAMISTRY OF TUSTIN 13681 NEWPORT AVE STE TUSTIN RESTAURANT UNDER 31 FA0071143 TACO HATCH @ UNION 2493 PARK AVE STE 27 TUSTIN RESTAURANT UNDER 31 FA0071472 ILA MICHOACANA PREMIUM DE 115761 TUSTIN VILLAGE TUSTIN I RESTAURANT UNDER 31 FA0071864 MENDOCINO FARMS SANDWICH MARKET 2847 PARK AVE TUSTIN RESTAURANT UNDER 31 PERSONS FA0072162 HALFSIES DOUGHNUTS 13812 NEWPORT AVE STE TUSTIN RESTAURANT UNDER 31 FA0073340 PALETERIA AZTECA 17292 MCFADDEN AVE TUSTIN RESTAURANT UNDER 31 FA0073482 I DUNKIN DONUTS 15190 KENSINGTON DR # TUSTIN RESTAURANT UNDER 31 FA0074259 VALENCIA MARKET 15761 TUSTIN VILLAGE # TUSTIN MEAT MARKET UNDER 2000 SQ FA0074390 CHATHAM VILLAGE 16331 MCFADDEN AVE TUSTIN NON PROFIT CHARITABLE FA0075221 TUSTIN AREA SENIOR CENTER 14722 NEWPORT AVE TUSTIN NON PROFIT CHARITABLE FA0075340 FUJISAN 15150 KENSINGTON PARK IDR TUSTIN RESTAURANT UNDER 31 PERSONS FA0075354 IYOGURTLAND 115090 KENSINGTON PARK TUSTIN RESTAURANT UNDER 31 CR&R Prograr 10 Non-compliar 120 total 130 Compliance r 8% RFP Appendix 8 Text of AB 1669 BILL NUMBER: AB 1669 CHAPTERED BILL TEXT CHAPTER 874 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2016 APPROVED BY GOVERNOR SEPTEMBER 30, 2016 PASSED THE SENATE AUGUST 16, 2016 PASSED THE ASSEMBLY AUGUST 23, 2016 AMENDED IN SENATE JUNE 27, 2016 AMENDED IN SENATE JUNE 9, 2016 AMENDED IN ASSEMBLY APRIL 28, 2016 AMENDED IN ASSEMBLY MARCH 8, 2016 INTRODUCED BY Assembly Member Roger Herndndez JANUARY 15, 2016 An act to amend Sections 1070, 1071, and 1072 of, to amend the heading of Chapter 4.6 (commencing with Section 1070) of Part 3 of Division 2 of, and to add Sections 1075 and 1076 to, the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGEST AB 1669, Roger Herndndez. Displaced employees: service contracts: collection and transportation of solid waste. Existing law requires a local government agency letting a public transit service contract out to bid to give a bidding preference for contractors and subcontractors who agree to retain for a specified period certain employees who were employed to perform essentially the same services by the previous contractor or subcontractor. Such a contractor or subcontractor is required to offer employment to those employees, except for reasonable and substantiated cause. Existing law requires a successor contractor or subcontractor that determines that fewer employees are needed than under the prior contract to retain qualified employees by seniority within the job classification. The existing contractor is required to provide prescribed information regarding employment under the existing service contract to the awarding authority, any entity that the awarding authority identifies as a bona fide bidder, and the successor contractor. Existing law authorizes an employee who was not offered employment or who has been discharged in violation of existing law, or his or her agent, to bring an action against the successor contractor or subcontractor in any superior court having jurisdiction over the successor contractor or subcontractor. Existing law authorizes an awarding authority to terminate a service contract under prescribed circumstances. This bill would expand the application of these provisions to exclusive contracts for the collection and transportation of solid waste. The bill would require the information provided to a bona fide bidder to be made available in writing at least 30 days before bids for the service contract are due. The bill would establish certain provisions applicable only to service contracts for the collection and transportation of solid waste, including limits on the requirement to retain employees and specified requirements for notice and opportunity to cure in the context of civil action or termination. The bill would not apply to contracts awarded before January 1, 2017, or to contracts for which the bid process has been completed before January 1, 2017. By requiring local agencies to give a bidding preference under these provisions to those contractors and subcontractors for the collection and transportation of solid waste, this bill would impose a state -mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The heading of Chapter 4.6 (commencing with Section 1070) of Part 3 of Division 2 of the Labor Code is amended to read: CHAPTER 4.6. PUBLIC TRANSIT SERVICE CONTRACTS AND CONTRACTS FOR THE COLLECTION AND TRANSPORTATION OF SOLID WASTE SEC. 2. Section 1070 of the Labor Code is amended to read: 1070. The Legislature finds and declares all of the following: (a) That when public agencies with jurisdiction over public transit services or the collection and transportation of solid waste award contracts to operate bus and rail services, or to provide for the collection and transportation of solid waste to a new contractor, qualified employees of the prior contractor who are not reemployed by the successor contractor face significant economic dislocation as a result. (b) That those displaced employees rely unnecessarily upon the unemployment insurance system, public social services, and health programs, increasing costs to these vital government programs and placing a significant burden upon both the government and the taxpayers. (c) That it serves an important social purpose to establish incentives for contractors who bid on public transit service contracts or contracts for the collection and transportation of solid waste to retain qualified employees of the prior contractor to perform the same or similar work. SEC. 3. Section 1071 of the Labor Code is amended to read: 1071. The following definitions apply to this chapter: (a) "Awarding authority" means any local government agency, including any city, county, special district, transit district, joint powers authority, or nonprofit corporation that awards or otherwise enters into contracts for public transit services or for the collection and transportation of solid waste performed within the State of California. (b) "Bidder" means any person who submits a bid to an awarding authority for a public transit service contract, an exclusive contract for the collection and transportation of solid waste, or a subcontract. (c) "Contractor" means any person who enters into a public transit service contract or an exclusive contract for the collection and transportation of solid waste with an awarding authority. (d) "Employee" means any individual who works for a contractor or subcontractor under a contract. "Employee" does not include an executive, administrative, or professional employee exempt from the payment of overtime compensation within the meaning of subdivision (a) of Section 515 or any person who is not an "employee" as defined under Section 2(3) of the National Labor Relations Act (29 U.S.C. Sec. 152(3)). (e) "Person" means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts. (f) "Public transit services" means the provision of passenger transportation services to the general public, including paratransit service. (g) "Service contract" means any contract the principal purpose of which is to provide public transit services or the exclusive right to provide collection and transportation of solid waste through the use of employees. (h) "Solid waste" has the same meaning as defined in Section 40191 of the Public Resources Code. (i) "Subcontractor" means any person who is not an employee who enters into a contract with a contractor to perform a portion of the contractor's express obligations under a service contract. "Subcontractor" does not include a contractor's vendors, suppliers, insurers, or other service providers. SEC. 4. Section 1072 of the Labor Code is amended to read: 1072. (a) A bidder shall declare as part of the bid for a service contract whether or not the bidder will retain the employees of the prior contractor or subcontractor for a period of not less than 90 days, as provided in this chapter, if awarded the service contract. (b) An awarding authority letting a service contract out to bid shall give a 10 percent preference to any bidder who agrees to retain the employees of the prior contractor or subcontractor pursuant to subdivision (a). (c) (1) If the awarding authority announces that it intends to let a service contract out to bid, the existing service contractor, within a reasonable time, shall provide to the awarding authority the number of employees who are performing services under the service contract and the wage rates, benefits, and job classifications of those employees. In addition, the existing service contractor shall make this information available to any entity that the awarding authority has identified as a bona fide bidder. This information shall be made available to each bona fide bidder in writing at least 30 days before bids for the service contract are due, whether by inclusion of the information in the request for bids or otherwise. If the successor service contract is awarded to a new contractor, the existing contractor shall provide the names, addresses, dates of hire, wages, benefit levels, and job classifications of employees to the successor contractor. The duties imposed by this subdivision shall be contained in all service contracts. (2) A successor contractor or subcontractor who agrees to retain employees pursuant to subdivision (a) shall retain employees who have been employed by the prior contractor or subcontractors, except for reasonable and substantiated cause. That cause is limited to the particular employee's performance or conduct while working under the prior contract or the employee's failure of any controlled substances and alcohol test, physical examination, criminal background check required by law as a condition of employment, or other standard hiring qualification lawfully required by the successor contractor or subcontractor. (3) The successor contractor or subcontractor shall make a written offer of employment to each employee to be retained pursuant to subdivision (a). That offer shall state the time within which the employee must accept that offer, but in no case less than 10 days. Nothing in this section requires the successor contractor or subcontractor to pay the same wages or offer the same benefits provided by the prior contractor or subcontractor. (4) If, at any time, the successor contractor or subcontractor determines that fewer employees are required than were required under the prior contract or subcontract, the successor contractor or subcontractor shall retain qualified employees by seniority within the job classification. In determining those employees who are qualified, the successor contractor or subcontractor may require an employee to possess any license that is required by law to operate the equipment that the employee will operate as an employee of the successor contractor or subcontractor. SEC. 5. Section 1075 is added to the Labor Code, to read: 1075. Notwithstanding any other provision of this chapter, the following shall apply to service contracts for the collection and transportation of solid waste: (a) A successor contractor or subcontractor shall be required to retain only employees of a contractor or subcontractor under a prior service contract whose employment would be terminated if the service contract were awarded to another contractor or subcontractor. (b) A successor contractor or subcontractor shall not be required to retain an employee of a contractor or subcontractor under a prior service contract under any of the following circumstances: (1) If the employee of the prior contractor or subcontractor does not meet any standard hiring qualification lawfully required by the successor contractor or subcontractor for the position. (2) If the successor contractor or subcontractor would be required to terminate or reassign an existing employee covered under a collective bargaining agreement with the successor contractor or subcontractor in order to hire the employee of the prior contractor or subcontractor. (3) If, and to the extent, the actual number of employees meeting the requirements of this chapter exceeds the number of those employees communicated to bona fide bidders in accordance with paragraph (1) of subdivision (c) of Section 1072. (c) An employee or his or her agent shall not bring an action against a successor contractor or subcontractor under subdivision (a) of Section 1073 without first giving the successor contractor or subcontractor written notice of the violation or breach and 30 days to cure the violation or breach. An awarding authority shall not terminate a service contract under subdivision (a) of Section 1074 without first giving the successor contractor or subcontractor written notice of the violation or breach and 30 days to cure the violation or breach. (d) This chapter shall only apply to service contracts for the collection and transportation of solid waste when an awarding agency decides to let an exclusive solid waste collection and transportation contract out to bid. It is not intended to determine whether or not a local agency should procure a service contract by inviting bids, extend an existing service contract, renegotiate its service contract with the prior contractor, or exercise any other right it possesses pursuant to Section 40059 of the Public Resources Code to determine aspects of solid waste handling that are of local concern. (e) This chapter does not modify, limit, or abrogate in any manner any franchise, contract, license, or permit granted or extended by a city, county, or other local government agency before January 1, 2017. SEC. 6. Section 1076 is added to the Labor Code, to read: 1076. The amendments and additions to this chapter made by the act adding this section shall not apply to contracts awarded before January 1, 2017, or to contracts for which the bid process has been completed before January 1, 2017. SEC. 7. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.