Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
09-02-14 Searchable packet
CITY OF CUPERTINO AGENDA Tuesday, September 2, 2014 10350 Torre Avenue, Council Chamber CITY COUNCIL 5:15 PM CLOSED SESSION - Special Meeting 5:15 p.m. 10300 Torre Avenue, City Hall Conference Room A ROLL CALL 1.Subject: Public Employee Performance Evaluation (Gov't Code Section 54957) - City Attorney 2.Subject: Conference with Legal Counsel - Initiation of Litigation pursuant to subdivision (c) of Section 54956.9: One Case PLEDGE OF ALLEGIANCE - Regular Meeting 6:45 p.m. 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 3.Subject: Proclamation to Diana Ding recognizing the Ding Ding TV 4th Annual Silicon Valley Food Festival Recommended Action: Present proclamation 4.Subject: Presentation from Cupertino student delegates regarding their recent trip to Toyokawa, Japan Recommended Action: Receive presentation POSTPONEMENTS Page 1 CITY OF CUPERTINO 1 September 2, 2014City Council AGENDA ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 5.Subject: Approve the August 19 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 6.Subject: Accept Accounts Payable for period ending August 15, 2014. Recommended Action: Adopt Resolution No.14-192 accepting Accounts Payable for the period ending August 15, 2014. A - Draft Resolution B - AP Report 7.Subject: Accept Accounts Payable for period ending August 22, 2014. Recommended Action: Adopt Resolution No. 14-193 accepting Accounts Payable for the period ending August 22, 2014. A - Draft Resolution B - AP Report 8.Subject: 2014 Pavement Maintenance Project - Phase 3, Project No. 2014-05, authority to award construction contract. Recommended Action: Authorize the City Manager to award the construction contract with a construction contingency of up to 10% if the bids are within the established budget and there are no unresolved bid protests. Staff Report A - Draft Contract B - List of Streets SECOND READING OF ORDINANCES Page 2 CITY OF CUPERTINO 2 September 2, 2014City Council AGENDA 9.Subject: Amendment to the Municipal Code to regulate outdoor smoking Recommended Action: Conduct the second reading and enact Ordinance No. 14-2121, "An Ordinance of the City Council of the City of Cupertino amending Sections 10.90.010 and 10.90.020 of Chapter 10.90 and adding Section 10.90.045 of Chapter 10.90 and amending Section 10.56.020 of Chapter 10.56 of Title 10 of the Cupertino Municipal Code to regulate outdoor smoking" Description: Application No(s).: CP-2014-02 Applicant(s): City of Cupertino Location: citywide City Project to amend Chapters 10.90 and 10.56, Title 10, of the Cupertino Municipal Code to regulate outdoor smoking Staff Report.doc A - Draft Ordinance.pdf B - Redline Ordinance.pdf PUBLIC HEARINGS Page 3 CITY OF CUPERTINO 3 September 2, 2014City Council AGENDA 10.Subject: Regional Renewable Energy Procurement Project for the installation of solar power generation facilities at the Service Center Recommended Action: Approve the following recommendations relating to the Regional Renewable Energy Procurement Project for the installation of solar power generation facilities at the Service Center: A. Accept report on bid process with bid result; B. Authorize the City Manager to negotiate and execute an Energy Services Contract and related agreements, including bond forms, with Cupertino Electric, Incorporated, for an amount not to exceed Four Hundred Twenty-Six Thousand, Two Hundred Seven Dollars ($426,207.00) for the complete design, construction, and installation of one of the Regional Renewable Energy Procurement (R-REP) projects, for solar photovoltaic systems to be located at the Cupertino Service Center located at 10555 Mary Avenue; C. Adopt Resolution No. 14-194 making findings necessary to authorize entering into an Energy Services Contract, including a finding that the total cost for the Service Center Solar Project will be less than the anticipated cost of electricity that would have been consumed at the Service Center and Don Burnett Bridge in the absence of this system and that the terms of the award are in the best interest of the City of Cupertino; D. Authorize a design/construction contingency allowance of $64,000, approximately 15 percent of the value of the Energy Service Contract, to address unforeseen conditions and for adjustments due to operational needs during construction, and authorize the Public Works Director to issue changes orders as necessary against the allowance; E. Authorize City Manager to negotiate and execute other agreements related to the Energy Services Contract, including an Operation and Maintenance Agreement. Staff Report A - Alameda County Letter B - Service Center Plan Layout C - Solar Site Financial Analysis D - Draft Resolution of Findings E - Draft Energy Services Contract F - Draft Operation & Maintenance Agreement G - CEQA Notice of Exemption ORDINANCES AND ACTION ITEMS Page 4 CITY OF CUPERTINO 4 September 2, 2014City Council AGENDA 11.Subject: First Amendment of an Agreement between the City of Cupertino (City) and Recology Cupertino (Recology) for the Solid Waste Services Franchise Agreement. Recommended Action: Approve the First Amendment to the Solid Waste Services Franchise Agreement requiring additional collection services and expansion of organic processing services with Recology. The amendment would be effective November 1, 2014 through January 31, 2019 and includes an option to negotiate a new ten-year agreement with Recology that could begin as early as January 31, 2017, contingent upon Recology meeting First Amendment requirements. Staff Report A - Table of Rate Comparisons with other Cities B – First Amendment to Franchise Agreement between the City of Cupertino and Recology Cupertino - Redline Version C - First Amendment to Franchise Agreement between the City of Cupertino and Recology Cupertino - Clean Version D - Existing Franchise Agreement E - CEQA Notice of Exemption 12.Subject: Approval of an Ordinance Amending Chapter 9.17.130 of Chapter 9.17 of Title 9 of the Cupertino Municipal Code, Regulation of Single-Use Carryout Bags. Recommended Action: Conduct the first reading of Ordinance No. 14-2122: “An Ordinance of The City Council of The City of Cupertino Amending Section 9.17.130 of Chapter 9.17 of Title 9 of The Cupertino Municipal Code relating to the regulation of single-use carryout bags.” Staff Report A - Redline Ordinance B - Draft Ordinance C - Addendum to Final Program EIR REPORTS BY COUNCIL AND STAFF 13.Subject: Public Works Construction Project Update Recommended Action: Receive Construction Project Update ADJOURNMENT The September 16 meeting was cancelled. The next regular City Council meeting will be on Tuesday, October 7, 2014 Page 5 CITY OF CUPERTINO 5 September 2, 2014City Council AGENDA The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk’s office at 408-777-3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Page 6 CITY OF CUPERTINO 6 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0387 Name: Status:Type:Closed Session Agenda Ready File created:In control:8/25/2014 City Council On agenda:Final action:9/2/2014 Title:Subject: Public Employee Performance Evaluation (Gov't Code Section 54957) - City Attorney Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Subject: Public Employee Performance Evaluation (Gov't Code Section 54957) - City Attorney CITY OF CUPERTINO Printed on 8/27/2014Page 1 of 1 powered by Legistar™ 7 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0388 Name: Status:Type:Closed Session Agenda Ready File created:In control:8/25/2014 City Council On agenda:Final action:9/2/2014 Title:Subject: Conference with Legal Counsel - Initiation of Litigation pursuant to subdivision (c) of Section 54956.9: One Case Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Subject :ConferencewithLegalCounsel-InitiationofLitigationpursuanttosubdivision(c)of Section 54956.9: One Case CITY OF CUPERTINO Printed on 8/27/2014Page 1 of 1 powered by Legistar™ 8 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0383 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:8/22/2014 City Council On agenda:Final action:9/2/2014 Title:Subject: Proclamation to Diana Ding recognizing the Ding Ding TV 4th Annual Silicon Valley Food Festival Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council9/2/20141 Subject:ProclamationtoDianaDingrecognizingtheDingDingTV4thAnnualSiliconValley Food Festival Present proclamation CITY OF CUPERTINO Printed on 8/27/2014Page 1 of 1 powered by Legistar™ 9 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0167 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:5/19/2014 City Council On agenda:Final action:9/2/2014 Title:Subject: Presentation from Cupertino student delegates regarding their recent trip to Toyokawa, Japan Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council9/2/20141 Subject: Presentation from Cupertino student delegates regarding their recent trip to Toyokawa, Japan Receive presentation CITY OF CUPERTINO Printed on 8/27/2014Page 1 of 1 powered by Legistar™ 10 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0168 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:5/19/2014 City Council On agenda:Final action:9/2/2014 Title:Subject: Approve the August 19 City Council minutes Sponsors: Indexes: Code sections: Attachments:A - Draft Minutes Action ByDate Action ResultVer. City Council9/2/20141 Subject: Approve the August 19 City Council minutes Approve the minutes CITY OF CUPERTINO Printed on 8/27/2014Page 1 of 1 powered by Legistar™ 11 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, August 19, 2014 SPECIAL CITY COUNCIL MEETING ROLL CALL At 5:05 p.m. Mayor Gilbert Wong called the Special City Council meeting to order in Cupertino City Hall Conference Room A, 10300 Torre Avenue. Present: Mayor Gilbert Wong, Vice Mayor Rod Sinks, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: None. 1. Subject: Housing Commission (Financial Representative) interviews Recommended Action: Conduct interviews and make appointment The City Council interviewed three applicants and appointed Shirley Chu to a full term ending January 2018. Council recessed from 5:40 p.m. to 6:00 p.m. CLOSED SESSION At 6:00 p.m. Council went into closed session in City Hall Conference Room A, and reconvened in open session at 6:45 p.m. in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA. 2. Subject: Workers' Compensation Claim (Gov't Code Section 54956.95); Claimant: Edwin Sakai; Agency Claimed Against: City of Cupertino Mayor Wong announced that Council obtained a briefing and gave direction. 12 City Council AGENDA August 19, 2014 REGULAR CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL At 6:45 p.m. Mayor Gilbert Wong called the Regular City Council meeting to order. Present: Mayor Gilbert Wong, Vice Mayor Rod Sinks, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS 3. Subject: Proclamation to the Cupertino Library for its 10th anniversary Recommended Action: Present the proclamation Mayor Wong presented the proclamation to Cupertino Community Librarian Gayathri Kanth, Supervising Librarian of Children’s Services Clare Varesio, Supervising Librarian of Adult and Teen Services Roslyn Donald, and Library Foundation members. 4. Subject: Presentation by AT&T regarding infrastructure Recommended Action: Receive presentation Marc Blakeman, Regional Vice President of External Affairs for AT&T California, said that AT&T plans to expand their ultrafast Gigapower Network to the City of Cupertino. He explained that this would be an all fiber network to provide services featuring symmetrical upload and download broadband speeds of up to one gigabyte per second and AT&T’s most advanced TV services for consumers and businesses. He noted that Cupertino would be the first city in California to receive the new AT&T Gigapower Network. Council received the presentation. 5. Subject: Update from the Foothill-De Anza College District Recommended Action: Receive the update Written communications for this item included a PowerPoint presentation. Bruce Swenson, Board President, and Pearl Cheng, Board Vice President gave an update on the Foothill-De Anza College District via a PowerPoint presentation. 13 City Council AGENDA August 19, 2014 Council received the update. 6. Subject: Update from the Fremont Union High School District Recommended Action: Receive the update Written communications for this item included a PowerPoint presentation. Fremont Union High School District Superintendent Polly Bove gave an update on the District via a PowerPoint presentation. POSTPONEMENTS Wong moved and Santoro seconded to postpone item number 16 to September 2. The motion carried unanimously. ORAL COMMUNICATIONS Tim McRae, Energy Director for the Silicon Valley Leadership Group talked about the Tenth Annual Applied Materials Turkey Trot to be held on Thanksgiving Day, November 27. He noted that this would raise money for Healthier Kids Foundation Santa Clara County, Housing Trust Silicon Valley, Second Harvest Food Bank of Santa Clara, Santa Mateo, and Santa Cruz Counties, and the Health Trust. He said they expect more than 30,000 participants expected and hope to raise and donate over one million dollars. There will be a 5K Run/Walk, 10K Run and Kids Fun Run for ages 2-7. Register at www.svturkeytrot.com. Evelyn O’Marah representing the Turkey Trot Steering noted that 432 Cupertino residents participated last year. She explained that each city receives points for the Mayor, Vice Mayor, Council members, City Manager and Planning Commissioners who register for the event. She said that the deadline for this Mayors Cup Challenge is November 24 at 3:00 p.m. and the winners are based on four categories of population. Barbara Rogers invited everyone to the September 30 Forum on Aging in Place Gracefully from 9:30 a.m. to 5:00 p.m. The forum will be based on how ideas from last year’s forum could be implemented. She noted that the company IDO will help residents in an interactive process to do individual planning and development of a facility where a senior might choose to live in Cupertino. Shailee Shamar wasn’t able to speak in person and Mayor Wong read her statement into the record regarding the Annual Walk-One-Week (WOW) program that the teens in the community help to put on. 14 City Council AGENDA August 19, 2014 CONSENT CALENDAR Sinks moved and Mahoney seconded to approve the items on the Consent Calendar as presented with the exception of item number 16 which was postponed. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: None. 7. Subject: Approve the July 7 City Council minutes Recommended Action: Approve the July 7 City Council minutes 8. Subject: Approve the July 15 City Council minutes Recommended Action: Approve the minutes 9. Subject: Accept Accounts Payable for period ending June 27, 2014 Recommended Action: Adopt Resolution No. 14-184 accepting Accounts Payable for the period ending June 27, 2014 10. Subject: Accept Accounts Payable for period ending July 3, 2014 Recommended Action: Adopt Resolution No. 14-185 accepting Accounts Payable for period ending July 3, 2014 11. Subject: Accept Accounts Payable for period ending July 11, 2014 Recommended Action: Adopt Resolution No. 14-186 accepting Accounts Payable for the period ending July 11, 2014 12. Subject: Accept Accounts Payable for period ending July 18, 2014 Recommended Action: Adopt Resolution No.14-187 accepting Accounts Payable for the period ending July 18, 2014 13. Subject: Accept Accounts Payable for period ending July 25, 2014 Recommended Action: Adopt Resolution No. 14-188 accepting Accounts Payable for the period ending July 25, 2014 14. Subject: Accept Accounts Payable for period ending August 1, 2014 Recommended Action: Adopt Resolution No. 14-189 accepting Accounts Payable for the period ending August 1, 2014 15. Subject: Accept Accounts Payable for period ending August 8, 2014 Recommended Action: Adopt Resolution No. 14-190 accepting Accounts Payable for the period ending August 8, 2014 16. Subject: Authorize new position categories in the salary schedule for the Cupertino Employee Association’s Compensation Program, reclassify four 15 City Council AGENDA August 19, 2014 incumbents to new and existing classifications, and other miscellaneous revisions to salary classifications Recommended Action: Amend the Cupertino Employee Association’s Compensation Program salary schedule and adopt Resolution No. 14-191 establishing new classifications This item was postponed to September 2. 17. Subject: Approve First Amendment to lease of Rolling Hills 4-H Club at McClellan Ranch Preserve with the Regents of the University and City of Cupertino, California extending lease time Recommended Action: Authorize the City Manager to amend the lease agreement with the Regents of the University of California and City of Cupertino for the Rolling Hills 4-H Club at McClellan Ranch Preserve for a five-year period ending August 31, 2019 Written communications for this item included a list of 4H services provided to the community. 18. Subject: Alcoholic Beverage License Application for Coopervino, 19700 Vallco Parkway Recommended Action: Recommend approval of the Alcoholic Beverage License Application for Coopervino, 19700 Vallco Parkway 19. Subject: 2014 Pavement Maintenance Project Phase 2, City Project No. 2014-04 Recommended Action: Authorize the City Manager to award a contract to O’Grady Paving, Inc., in the amount of $2,288,577.20; and approve a construction contingency of $261,422.80 for a total of $2,550,000 20. Subject: City Project, Reconstruction of Curbs, Gutters, and Sidewalks, Project No. 2013-02 Recommended Action: Accept Project No. 2013-02 21. Subject: Amendment of an agreement between the City of Cupertino and Pavement Engineering, Inc. for consultant services for testing and inspection services on various street improvement projects Recommended Action: Approve an Amendment to an agreement between the City of Cupertino and Pavement Engineering, Inc. (PEI) in the amount not to exceed $637,500 from the date of execution through June 30, 2015, and authorize the Director of Public Works to execute all necessary documents to carry out all phases of the Pavement Maintenance Project 16 City Council AGENDA August 19, 2014 22. Subject: City Project, 2013 Reconstruction of Curbs, Gutters, and Sidewalks Phase 2, Project No. 2013-06 Recommended Action: Accept Project No. 2013-06 SECOND READING OF ORDINANCES 23. Subject: Amendment to Section 11.08.250 of the Cupertino Municipal Code Relating to Bicycle Lanes--Designated; Torre Avenue between Stevens Creek Boulevard and Rodrigues Avenue Recommended Action: Conduct the second reading and enact Ordinance No. 14- 2120, "An Ordinance of the City Council of the City of Cupertino amending Section 11.08.250 of the Cupertino Municipal Code relating to Bicycle Lanes - Designated" Chang moved and Mahoney seconded to read Ordinance No. 14-2120 by title only and that the City Clerk’s reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: None. Chang moved and Mahoney seconded to enact Ordinance No. 14-2120. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: None. PUBLIC HEARINGS - None ORDINANCES AND ACTION ITEMS 24. Subject: Parks and Recreation Commission Work Plan for FY 2014-15 Recommended Action: Approve the Parks and Recreation Commission Work Plan for FY 2014-15 Written communications for this item included an amended staff report and a PowerPoint presentation. Director of Parks and Recreation Carol Atwood introduced Parks and Recreation Commission Chair Darcy Paul who gave a presentation on the Commission Work Plan for FY 2014-15 via a PowerPoint presentation. Wong moved and Mahoney seconded to approve the Parks and Recreation Commission Work Plan for FY 2014-15 with the addition to explore partnerships 17 City Council AGENDA August 19, 2014 with the Fine Arts Commission, De Anza College, Cupertino Union School District and Fremont Union High School District to provide a performing arts program to the City . The motion carried unanimously. 25. Subject: Amendments to Chapters 10.90 and 10.56, Title 10, of the Cupertino Municipal Code to regulate outdoor smoking Recommended Action: Conduct the first reading of Ordinance No. 14-2121, "An Ordinance of the City Council of the City of Cupertino amending Sections 10.90.010 and 10.90.020 of Chapter 10.90 and adding Section 10.90.045 of Chapter 10.90 and amending Section 10.56.020 of Chapter 10.56 of Title 10 of the Cupertino Municipal Code to regulate outdoor smoking Description: Application No(s).: CP-2014-02; Applicant(s): City of Cupertino; Location: citywide Written communications for this item included a supplemental staff report, redline ordinance, draft ordinance, and a PowerPoint presentation. Director of Community Development Aarti Shrivastava reviewed the staff report via a PowerPoint presentation. Kevin McClelland on behalf of the Cupertino Chamber of Commerce said the Chamber supports the ordinance. Mahoney moved and Chang seconded to read Ordinance No. 14-2121 by title only and that the City Clerk’s reading would constitute the first reading thereof with the amendment to simplify the signage posting requirement to include the universal “no smoking” symbol or wording. Council also provided direction to study further smoking prohibitions that have been adopted in other cities for work sites, near entryways of buildings, service areas and outdoor areas in multi- family buildings. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: None. Council recessed from 9:05 p.m. to 9:13 p.m. REPORTS BY COUNCIL AND STAFF 26. Subject: Civic Center Master Plan update Recommended Action: Accept Civic Center Master Plan update report Capital Improvement Program Manager Katy Jensen noted that no action would be required from Council as this was just an update. A short video from the Community Workshop was shown. 18 City Council AGENDA August 19, 2014 Shawn Spano from Public Dialogue Consortium gave an update on the Civic Center Master Plan via a PowerPoint presentation. Karen Alschuler, Principal Director of Planning/Urban Design of Perkins + Will continued with the PowerPoint presentation. Council members’ comments included possibility of putting parking under current City Hall footprint; clarify and research parking further for long-term; what does city staff think real needs are now and in the future; cost analysis of current buildings, retrofits, cost of an Emergency Operations Center, what would be the plan for a bigger building, no interest in relocating Sheriff sub-station to Civic Center, why a Teen Center and City Hall. Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 10:28 p.m., Mayor Wong adjourned the meeting to Thursday, Aug 21 at 5:00 p.m. for a closed session regarding the City Attorney evaluation. The next regular meeting is Tuesday, September 2. _______________________________ Grace Schmidt, City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk’s Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, and then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 19 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0386 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:8/25/2014 City Council On agenda:Final action:9/2/2014 Title:Subject: Accept Accounts Payable for period ending August 15, 2014. Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council9/2/20141 Subject: Accept Accounts Payable for period ending August 15, 2014. AdoptResolutionNo.14-192acceptingAccountsPayablefortheperiodendingAugust15, 2014. CITY OF CUPERTINO Printed on 8/27/2014Page 1 of 1 powered by Legistar™ 20 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING August 15, 2014 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit “A”. CERTIFIED: _____________________________ Lisa Taitano, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this _____day of ____________, 2014, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Mayor Gilbert Wong, City of Cupertino 21 22 23 24 25 26 27 28 29 30 31 32 33 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0391 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:8/26/2014 City Council On agenda:Final action:9/2/2014 Title:Subject: Accept Accounts Payable for period ending August 22, 2014. Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council9/2/20141 Subject: Accept Accounts Payable for period ending August 22, 2014. AdoptResolutionNo.14-193acceptingAccountsPayablefortheperiodendingAugust22, 2014. CITY OF CUPERTINO Printed on 8/27/2014Page 1 of 1 powered by Legistar™ 34 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING August 22, 2014 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit “A”. CERTIFIED: _____________________________ Lisa Taitano, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this _____day of ____________, 2014, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Mayor Gilbert Wong, City of Cupertino 35 36 37 38 39 40 41 42 43 44 45 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0153 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:5/19/2014 City Council On agenda:Final action:9/2/2014 Title:Subject: 2014 Pavement Maintenance Project - Phase 3, Project No. 2014-05, authority to award construction contract. Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Contract B - List of Streets Action ByDate Action ResultVer. City Council9/2/20141 Subject: 2014 Pavement Maintenance Project - Phase 3, Project No. 2014-05, authority to award construction contract. Authorize the City Manager to award the construction contract with a construction contingency of up to 10% if the bids are within the established budget and there are no unresolved bid protests. CITY OF CUPERTINO Printed on 8/27/2014Page 1 of 1 powered by Legistar™ 46 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: September 2, 2014 Subject 2014 Pavement Maintenance Project – Phase 3, Project No. 2014-05, authority to award construction contract. Recommended Action Authorize the City Manager to award the construction contract with a construction contingency of up to 10% if the bids are within the established budget and there are no unresolved bid protests. Description Staff recommends that Council authorize the City Manager to award the construction contract for the 2014 Pavement Maintenance Project – Phase 3, based on bids received on August 28, 2014. Discussion Bids were received for the 2014 Pavement Maintenance Project – Phase 3 project on August 28, 2014. Results of the bids were not available at the writing of this report. Since Council will not meet again until October 7, 2014, and because every week is critical for paving projects during the construction season, staff recommends that Council authorize the City Manager to award the construction contract to the lowest responsible bidder, if the low bid is within the funds available for the project and if there are no unresolved bid protests. The Engineer’s Estimate for the Phase 3 base project is $923,000. With contingency, this project will be within the budgeted amount of $1,015,300. _____________________________________ Prepared by: Roger Lee, Assistant Director of Public Works Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A – Draft Contract B – List of Streets 47 Project No. 2014-05 City of Cupertino 00520 - 1 Contract 2014 Pavement Maintenance Project – Phase 3 DOCUMENT 00520 CONTRACT THIS CONTRACT, dated this day of , 2014 , by and between _________________whose place of business is located at ________________________ (“Contractor”), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California (“City”) acting under and by virtue of the authority vested in the City by the laws of the State of California. WHEREAS, City, on the _____ day of _______________, 2014 awarded to Contractor the following Project: PROJECT NUMBER 2014-05 2014 PAVEMENT MAINTENANCE PROJECT – PHASE 3 NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article 1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated Roger Lee, Assistant Director, Public Works, to act as City’s Authorized Representative(s), who will represent City in performing City’s duties and responsibilities and exercising City’s rights and authorities in Contract Documents. City may change the individual(s) acting as City’s Authorized Representative(s), or delegate one or more specific functions to one or more specific City’s Representatives, including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City’s Representative is the beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities. 2.2 All notices or demands to City under the Contract Documents shall b e to City’s Authorized Representative at: 10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall provide to Contractor. Article 3. Contract Time and Liquidated Damages 3.1 Contract Time. The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may give a Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run. Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700 (General Provisions) within 45 working days as provided in Document 00700 (General Provisions) 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or 48 Project No. 2014-05 City of Cupertino 00520 - 2 Contract 2014 Pavement Maintenance Project – Phase 3 any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with Document 00700 (General Provisions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.1 $1,500 for each Calendar Day that expires after the time specified herein for Contractor to achieve Substantial Completion as specified above. 3.2.2 $1,500 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. 3.2.3 $150.00 per day for failure to replace traffic striping as required by Document 01010, Section 6. 3.2.4 $500.00 per day for failure to place temporary pavement markings as required by Document 01010, Section 6. 3.2.5 $5,000 for each occurrence of a violation of Document 00800, Section 1.7 WORK DAYS AND HOURS. 3.2.6 Three Months Salary for each Key Personnel named in Contractor’s SOQ pursuant to Article 2.G of Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor can demonstrate to City’s satisfaction is beyond Contractor’s control. Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor’s Bid, attached hereto: See Exhibit “A” attached Article 5. Contractor’s Representations In order to induce City to enter into this Contract, Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as-built drawings, drawings, products specifications or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Provisions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor 49 Project No. 2014-05 City of Cupertino 00520 - 3 Contract 2014 Pavement Maintenance Project – Phase 3 agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Provisions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, contract, order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. in document 00340 (Subcontractors List) Article 6. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00002 Signature Page Document 00003 Project Directory Document 00012 Caltrans/City Cross-Reference Table Document 00100 Advertisement For Bids Document 00200 Instructions to Bidders Document 00210 Indemnity and Release Agreement Document 00400 Bid Form Document 00411 Bond Accompanying Bid Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00481 Non-Collusion Affidavit Document 00482 Bidder Certifications Document 00520 Contract Document 00530 Insurance Forms Document 00610 Construction Performance Bond Document 00620 Construction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Form Document 00670 Reliable Contractor Declaration Form Document 00700 General Conditions Document 00800 Special Conditions 50 Project No. 2014-05 City of Cupertino 00520 - 4 Contract 2014 Pavement Maintenance Project – Phase 3 Document 00820 Traffic Control Requirements Document 00821 Insurance Document 00822 Apprenticeship Program Document 00850 Technical Specifications Document 00860 General Requirements Attachment A Work Hour Restrictions Addenda(s) Drawings/Plans 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Provisions). Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Provisions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 7.4 The Contract Sum includes all allowances (if any). 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at City’s office, or may be obtained of the State of California web site http://www.dir.ca.gov/DLSR/PWD/Northern.html and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference(or, if such provision is required 51 Project No. 2014-05 City of Cupertino 00520 - 5 Contract 2014 Pavement Maintenance Project – Phase 3 to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division 3.6, Part 3, Chapter 5. 52 Project No. 2014-05 City of Cupertino 00520 - 6 Contract 2014 Pavement Maintenance Project – Phase 3 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. 2014 PAVEMENT MAINTENANCE PROJECT – Phase 3 CITY: CONTRACTOR: CITY OF CUPERTINO, a M unicipal Corporation of the State of California By: [Signature] Attest: [Please print name here] City Clerk: Grace Schmidt Approved as to form by City Attorney: Title: ______________________________________________ [If Corporation: Chairman , President, or Vice President] City Attorney: Carol Korade By: I hereby certify, under penalty of perjury, that Timm Borden, Director of Public Works of the City of Cupertino was duly authorized to execute this document. [Signature] [Please print name here] Title: [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] Dated: _____________________________ Timm Borden, Director of Public Works of the City of Cupertino, a Municipal Corporation of the State of California ________________________________________________ State Contractor’s License No. Classification ________________________________________________ Expiration Date Designated Representative: Taxpayer ID No._________________________________ Name: Roger Lee Name: Title: Assistant Director of Public Works - Title: Address: 10300 Torre Ave, Cupertino, CA 95014 Address: Phone: 408-777-3354 Phone: Facsimile: 408-777-3333 Facsimile: AMOUNT: $ ACCOUNT NUMBER: FILE NO.: NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED END OF DOCUMENT 53 2014 Pavement Maintenance Phase 3 Street List STREET NAME FROM TO TREATMENT Blaney Ave Stevens Creek Blvd Rodrigues Rubber Chip & Microsurfacing Bollinger Rd De Anza Blvd Blaney Ave Rubber Chip & Microsurfacing Miller Ave Calle De Barcelona Bollinger Rd Rubber Chip & Microsurfacing Stevens Creek Blvd Foothill Expy SR-85 Rubber Chip & Microsurfacing Merriman Rd Alcalde Santa Lucia Conventional Chip & Slurry Seal Santa Lucia Rd Alcalde Rd Foothill Conventional Chip & Slurry Seal Apple Tree Ln Vista Dr Plum Tree Slurry Seal Cherry Tree Ln Apple Tree Peach Tree Slurry Seal Cozette Ln Tantau End Slurry Seal Cynthia Ave Sterling Gascoigne Slurry Seal Hall Ct Blaney End Slurry Seal Krista Ct Voss End Slurry Seal Loree Ave S Tantau W End Slurry Seal Madera Phar Lap End Slurry Seal Mount Crest Dr Linda Vista End Slurry Seal Mount Crest Pl Mount Crest Dr End Slurry Seal Parkside Ln Rodriges End Slurry Seal Peach Tree Ln Cherry Tree Plum Tree Slurry Seal Prune Tree Ln Apple Tree Peach Tree Slurry Seal Rodrigues Ave Blaney E End Slurry Seal Sterling Blvd Runo Ct N End Slurry Seal Tomki Ct Stelling End Slurry Seal Twig Ln S Tantau End Slurry Seal 2014 Pavement Maintenance Phase 3 - Street List 54 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0314 Name: Status:Type:Second Reading of Ordinances Agenda Ready File created:In control:7/8/2014 City Council On agenda:Final action:9/2/2014 Title:Subject: Amendment to the Municipal Code to regulate outdoor smoking Sponsors: Indexes: Code sections: Attachments:Staff Report.pdf A - Draft Ordinance.pdf B - Redline Ordinance.pdf Action ByDate Action ResultVer. City Council9/2/20141 Subject: Amendment to the Municipal Code to regulate outdoor smoking Conduct the second reading and enact Ordinance No. 14-2121, "An Ordinance of the City Council of the City of Cupertino amending Sections 10.90.010 and 10.90.020 of Chapter 10.90 and adding Section 10.90.045 of Chapter 10.90 and amending Section 10.56.020 of Chapter 10.56 of Title 10 of the Cupertino Municipal Code to regulate outdoor smoking" Description: Application No(s).: CP-2014-02 Applicant(s): City of Cupertino Location: citywide CityProjecttoamendChapters10.90and10.56,Title10,oftheCupertinoMunicipalCodeto regulate outdoor smoking CITY OF CUPERTINO Printed on 8/27/2014Page 1 of 1 powered by Legistar™ 55 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org CITY COUNCIL STAFF REPORT September 2, 2014 Subject Ordinance amending Chapter 10.90 and Chapter 10.56 of Title 10 of the Cupertino Municipal Code to regulate smoking. Recommended Action Conduct second reading and enact Ordinance 14-2121 amending Chapter 10.90 and Chapter 10.56 of Title 10 of the Cupertino Municipal Code to regulate Outdoor Smoking (Attachment A). Description Application: CP-2014-02 Applicant: City of Cupertino Property Owner: N/A Property Location: City-wide Application Summary: An Ordinance amending Chapter 10.90 and Chapter 10.56 of Title 10 of the Cupertino Municipal Code to regulate Outdoor Smoking. Discussion On August 19, 2014, the City Council discussed the item and made amendments to the draft ordinance as follows: Simplify the signage posting requirement to require only the universal “no smoking” symbol or wording. The Council then introduced and conducted the first reading of Ordinance No. 14-2121, as amended, amending Chapter 10.90 and Chapter 10.56 of Title 10 of the Cupertino Municipal Code to regulate Outdoor Smoking. 56 The California Government Code requires that prior to adoption of an ordinance, a second reading be conducted at a regular meeting or at an adjourned regular meeting, held not earlier than five days of introduction and first reading of the ordinance. Attached is Ordinance No. 14-2121 for adoption and second reading thereof. The Council also provided direction to study further smoking prohibitions that have been adopted in other cities for work sites, near entryways of buildings, service areas and outdoor areas in multi-family buildings. Staff expects to bring the ordinance amendments to the Council next year. _____________________________________ Prepared by: Aarti Shrivastava, Assistant City Manager Colleen Winchester, Assistant City Attorney Approved for Submission by: David Brandt, City Manager Attachments: A. Ordinance No. 14-2121 B. Redline version of Proposed Ordinance amendments to Chapter 10.90 and Chapter 10.56 of Title 10 of the Cupertino Municipal Code 57 1 ORDINANCE NO. 14-2121 AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING SECTIONS 10.90.010 AND 10.90.020 OF CHAPTER 10.90 AND ADDING SECTION 10.90.045 OF CHAPTER 10.90 AND AMENDING SECTION 10.56.020 OF CHAPTER 10.56 OF TITLE 10 OF THE CUPERTINO MUNICIPAL CODE TO REGULATE OUTDOOR SMOKING WHEREAS, tobacco use causes death and disease and continues to be an urgent health challenge; and WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and exposure to second hand smoke occurs at significant levels outdoors; WHEREAS, in 2006, the California Air Resources Board classified secondhand smoke as a “Toxic Air Contaminant”; WHEREAS, The United States Surgeon General reports that there is no safe level of exposure to secondhand smoke; and WHEREAS, this Ordinance was found to be categorically exempt from environmental review per the provisions of Section 15061(b)(3) of the California Environmental Quality Act of 1970, as amended; WHEREAS, it is the intent of the City Council, in enacting this ordinance, to provide for the public health, safety, and welfare, by discouraging the inherently dangerous behavior of smoking around non-tobacco users, by protecting the public from secondhand smoke where they eat; and by affirming and promoting a healthy environment in and around dining areas. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: 58 2 SECTION 1. The Title of Chapter 10.90 of Title 10 of the Cupertino Municipal Code is hereby amended to read as follows: CHAPTER 10.90: REGULATION OF SMOKING SECTION 2. Section 10.90.010 of Chapter 10.90 of Title 10 of the Cupertino Municipal Code is hereby amended to read as follows: Section 10.90.010 Definitions The following words and phrases, whenever used in this chapter, shall have the meanings defined in this chapter unless the context clearly requires otherwise: A. “Outdoor Dining Area” means any privately owned or publicly owned area, street, or sidewalk, which is available or customarily used by the general public and which is designed, established, or regularly used for consuming food or drink. B. Reasonable distance" means a distance of 25 feet in any direction from an area in which smoking is prohibited. C. “Recreational Area” means any outdoor area, including streets and sidewalks adjacent to Recreational areas, owned or operated by the City of Cupertino and open to the general public for recreational purposes, regardless of any fee or age requirement. The term "Recreational Area" includes, but is not limited to parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding trails, swimming pools, roller-skating rinks, skateboard parks, and parking lot or other area designated or primarily used for parking vehicles of persons accessing a Recreational Area. D. “Smoke” means the gases, particles, or vapors released into the air as a result of combustion, or vaporization, when the apparent or usual purpose of the combustion, or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term "Smoke" includes, but is not limited to, tobacco smoke, and marijuana smoke. E. “Smoking” means engaging in an act that generates Smoke, such as for example: possessing a lighted pipe, lighted hookah pipe, a lighted cigar, or a lighted cigarette of any kind; or; or lighting or igniting of a pipe, cigar, hookah pipe, or cigarette of any kind. SECTION 3. Section 10.90.020 of Chapter 10.90 of Title 10 of the Cupertino Municipal Code is hereby amended to read as follows: Section 10.90.020 Smoking Prohibited. 59 3 A. Smoking is prohibited: 1. In Recreational Areas; 2. In Outdoor Dining Areas; and 3. At entrances, exits, operable windows, or air intake openings of any building area which is available or customarily used by the general public and which is designed, established, or regularly used for selling or consuming food or drink. B. Reasonable Smoking Distance Required. 1. Smoking in all unenclosed areas is prohibited within a reasonable distance from any unenclosed areas in which smoking is prohibited under Section 10.90.020.A, except while actively passing on the way to another destination and provided smoke does not enter any area in which smoking is prohibited; 2. The smoking prohibitions in Section 10.90.020.B.1. shall not apply to unenclosed areas of private residential properties. C. Nothing in this chapter shall be construed to prohibit smoking in any area in which such smoking is already prohibited by state or federal law unless the applicable state or federal law does not preempt additional local regulation. D. No Person shall dispose of used smoking waste within the boundaries of an area in which smoking is prohibited by this chapter. E. Each instance of smoking in violation of this chapter shall constitute a separate violation. For violations other than smoking, each day of a continuing violation of this chapter shall constitute a separate violation. SECTION 4. Chapter 10.90 of Title 10 of the Cupertino Municipal Code is hereby amended to add Section 10.90.045 to read as follows: 60 4 Section 10.90.045 Posting of Signs. Where smoking is prohibited by this chapter, a clear conspicuous sign shall be posted at a conspicuous point within the area. The sign shall have letters of no less than one inch in height and shall include, either the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) or “No Smoking” in words. Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of smoking in violation of any other provision of this chapter. SECTION 5. Section 10.90.050 of Chapter 10.90 of Title 10 of the Cupertino Municipal Code is hereby amended to read as follows: 10.90.050 Violation - Penalty. A. The remedies provided by this article are cumulative and in addition to any other remedies available at law or in equity. Except as otherwise provided, enforcement of this chapter is at the sole discretion of the City of Cupertino. Nothing in this chapter shall create a right of action in any person against the City of Cupertino or its agents to compel public enforcement of this article against any party. B. Any person who violates any of the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12 or, in the alternative, subject to enforcement action pursuant to Chapter 1.10: Administrative Citations, Fines, and Penalties. SECTION 6. The Title of Chapter 10.56 of Title 10 of the Cupertino Municipal Code is hereby amended to read as follows: CHAPTER 10.56 TRESPASSING UPON PARKING LOTS, SHOPPING CENTER PROPERTY AND OTHER PROPERTY OPEN TO THE PUBLIC SECTION 7. Section 10.56.020 of Chapter 10.56 of Title 10 of the Cupertino Municipal Code is hereby amended to read as follows: 10.56.020 Unlawful. A. It is unlawful for any person, other than a public officer or employee acting within the scope of his or her employment, to enter or remain on any shopping center property, or any other private property open to the public within the City, after the owner, lessee or other person in charge of the property has, for good cause, demanded that such person remove themselves from the property. 61 5 B. Good cause for removing someone from the property is limited to the following instances: 1. Where the person participates in, or engages in conduct which urges a riot, acts of force or violence, or the burning or destroying of property within the meaning of Penal Code Sections 404 and 404.6; 2. Where the person participates in an unlawful assembly as deemed in Penal Code Section 407; 3. Where the person engages in conduct which constitutes a disturbance of the peace as deemed in Penal Code Section 415; 4. Where the person intentionally interferes with the lawful conduct of business on the premises by obstructing or intimidating those attempting to carry on business, or by obstructing or intimidating their customers within the meaning of Penal Code Section 602.1; 5. Where the person engages in disorderly conduct within the meaning of Penal Code Section 647, including loitering, accosting other persons for the purpose of begging, and being under the influence of any drug or liquor; 6. Where the person willfully and maliciously obstructs the free flow of pedestrian movement within the meaning of Penal Code Section 647c; 7. Where the person causes a noise disturbance in violation of Chapter 10.48 of this Code; or; 8. Where the person smokes in violation of federal or state law, any provision of this Code or in violation of smoking rules established by any shopping center within the City. SECTION 8. This Ordinance shall become effective January 1, 2015. SECTION 9. The City Clerk shall certify the adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. 62 6 * * * * * * * * INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 19th day of August 2014 and ADOPTED at a regular meeting of the City Council of the City of Cupertino the 2nd day of September 2014, by the following vote: PASSED: Vote: Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: Grace Schmidt, City Clerk Gilbert Wong, Mayor 63 1 ORDINANCE NO. 14‐2121 AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING SECTIONS 10.90.010 AND 10.90.020 OF CHAPTER 10.90 AND ADDING SECTION 10.90.045 OF CHAPTER 10.90 AND AMENDING SECTION 10.56.020 OF CHAPTER 10.56 OF TITLE 10 OF THE CUPERTINO MUNICIPAL CODE TO REGULATE OUTDOOR SMOKING WHEREAS, tobacco use causes death and disease and continues to be an urgent health challenge; and WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and exposure to second hand smoke occurs at significant levels outdoors; WHEREAS, in 2006, the California Air Resources Board classified secondhand smoke as a “Toxic Air Contaminant”; WHEREAS, The United States Surgeon General reports that there is no safe level of exposure to secondhand smoke; and WHEREAS, this Ordinance was found to be categorically exempt from environmental review per the provisions of Section 15061(b)(3) of the California Environmental Quality Act of 1970, as amended; WHEREAS, it is the intent of the City Council, in enacting this ordinance, to provide for the public health, safety, and welfare, by discouraging the inherently dangerous behavior of smoking around non‐tobacco users, by protecting the public from secondhand smoke where they eat; and by affirming and promoting a healthy environment in and around dining areas. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: 64 2 SECTION 1. The Title of Chapter 10.90 of Title 10 of the Cupertino Municipal Code is hereby amended to read as follows: CHAPTER 10.90: REGULATION OF SMOKING SECTION 2. Section 10.90.010 of Chapter 10.90 of Title 10 of the Cupertino Municipal Code is hereby amended to read as follows: Section 10.90.010 Definitions The following words and phrases, whenever used in this chapter, shall have the meanings defined in this chapter unless the context clearly requires otherwise: A. “Outdoor Dining Area” means any privately owned or publicly owned area, street, or sidewalk, which is available or customarily used by the general public and which is designed, established, or regularly used for consuming food or drink. B. Reasonable distanceʺ means a distance of 25 feet in any direction from an area in which smoking is prohibited. C. “Recreational Area” means any outdoor area, including streets and sidewalks adjacent to Recreational areas, owned or operated by the City of Cupertino and open to the general public for recreational purposes, regardless of any fee or age requirement. The term ʺRecreational Areaʺ includes, but is not limited to parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding trails, swimming pools, roller‐skating rinks, skateboard parks, and parking lot or other area designated or primarily used for parking vehicles of persons accessing a Recreational Area. D. “Smoke” means the gases, particles, or vapors released into the air as a result of combustion, or vaporization, when the apparent or usual purpose of the combustion, or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term ʺSmokeʺ includes, but is not limited to, tobacco smoke, and marijuana smoke. E. “Smoking” means engaging in an act that generates Smoke, such as for example: possessing a lighted pipe, lighted hookah pipe, a lighted cigar, or a lighted cigarette of any kind; or; or lighting or igniting of a pipe, cigar, hookah pipe, or cigarette of any kind. 65 3 SECTION 3. Section 10.90.020 of Chapter 10.90 of Title 10 of the Cupertino Municipal Code is hereby amended to read as follows: Section 10.90.020 Smoking Prohibited. A. Smoking is prohibited: 1. In Recreational Areas; 2. In Outdoor Dining Areas; and 3. At entrances, exits, operable windows, or air intake openings of any building area which is available or customarily used by the general public and which is designed, established, or regularly used for selling or consuming food or drink. B. Reasonable Smoking Distance Required. 1. Smoking in all unenclosed areas is prohibited within a reasonable distance from any unenclosed areas in which smoking is prohibited under Section 10.90.020.A, except while actively passing on the way to another destination and provided smoke does not enter any area in which smoking is prohibited; 2. The smoking prohibitions in Section 10.90.020.B.1. shall not apply to unenclosed areas of private residential properties. C. Nothing in this chapter shall be construed to prohibit smoking in any area in which such smoking is already prohibited by state or federal law unless the applicable state or federal law does not preempt additional local regulation. D. No Person shall dispose of used smoking waste within the boundaries of an area in which smoking is prohibited by this chapter. E. Each instance of smoking in violation of this chapter shall constitute a separate violation. For violations other than smoking, each day of a continuing violation of this chapter shall constitute a separate violation. 66 4 SECTION 4. Chapter 10.90 of Title 10 of the Cupertino Municipal Code is hereby amended to add Section 10.90.045 to read as follows: Section 10.90.045 Posting of Signs. Where smoking is prohibited by this chapter, a clear conspicuous and unambiguous ʺNo Smoking in and around 25 feet of this Areaʺ sign shall be posted outside of each point of ingress to the area, and at one other a conspicuous point within the area. The signs shall have letters of no less than one inch in height and shall include, either the international ʺNo Smokingʺ symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) or “No Smoking” in words. The sign shall also contain a reference to Section 10.90.020 of the CMC (Cupertino Municipal Code). Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of smoking in violation of any other provision of this chapter. SECTION 5. Section 10.90.050 of Chapter 10.90 of Title 10 of the Cupertino Municipal Code is hereby amended to read as follows: 10.90.050 Violation ‐ Penalty. A. The remedies provided by this article are cumulative and in addition to any other remedies available at law or in equity. Except as otherwise provided, enforcement of this chapter is at the sole discretion of the City of Cupertino. Nothing in this chapter shall create a right of action in any person against the City of Cupertino or its agents to compel public enforcement of this article against any party. B. Any person who violates any of the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12 or, in the alternative, subject to enforcement action pursuant to Chapter 1.10: Administrative Citations, Fines, and Penalties. 67 5 SECTION 6. The Title of Chapter 10.56 of Title 10 of the Cupertino Municipal Code is hereby amended to read as follows: CHAPTER 10.56 TRESPASSING UPON PARKING LOTS, SHOPPING CENTER PROPERTY AND OTHER PROPERTY OPEN TO THE PUBLIC SECTION 7. Section 10.56.020 of Chapter 10.56 of Title 10 of the Cupertino Municipal Code is hereby amended to read as follows: 10.56.020 Unlawful. A. It is unlawful for any person, other than a public officer or employee acting within the scope of his or her employment, to enter or remain on any shopping center property, or any other private property open to the public within the City, after the owner, lessee or other person in charge of the property has, for good cause, demanded that such person remove themselves from the property. B. Good cause for removing someone from the property is limited to the following instances: 1. Where the person participates in, or engages in conduct which urges a riot, acts of force or violence, or the burning or destroying of property within the meaning of Penal Code Sections 404 and 404.6; 2. Where the person participates in an unlawful assembly as deemed in Penal Code Section 407; 3. Where the person engages in conduct which constitutes a disturbance of the peace as deemed in Penal Code Section 415; 4. Where the person intentionally interferes with the lawful conduct of business on the premises by obstructing or intimidating those attempting to carry on business, or by obstructing or intimidating their customers within the meaning of Penal Code Section 602.1; 5. Where the person engages in disorderly conduct within the meaning of Penal Code Section 647, including loitering, accosting other persons for the purpose of begging, and being under the influence of any drug or liquor; 6. Where the person willfully and maliciously obstructs the free flow of pedestrian movement within the meaning of Penal Code Section 647c; 7. Where the person causes a noise disturbance in violation of Chapter 10.48 of this Code; or; 68 6 8. Where the person smokes in violation of federal or state law, any provision of this Code or in violation of smoking rules established by any shopping center within the City. SECTION 8. This Ordinance shall become effective January 1, 2015. SECTION 9. The City Clerk shall certify the adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. * * * * * * * * INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 19th day of August 2014 and ADOPTED at a regular meeting of the City Council of the City of Cupertino the 2nd day of September 2014, by the following vote: PASSED: Vote: Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: Grace Schmidt, City Clerk Gilbert Wong, Mayor 69 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0354 Name: Status:Type:Public Hearing Agenda Ready File created:In control:7/29/2014 City Council On agenda:Final action:9/2/2014 Title:Subject: Regional Renewable Energy Procurement Project for the installation of solar power generation facilities at the Service Center Sponsors: Indexes: Code sections: Attachments:Staff Report A - Alameda County Letter B - Service Center Plan Layout C - Solar Site Financial Analysis D - Draft Resolution of Findings E - Draft Energy Services Contract F - Draft Operation & Maintenance Agreement G - CEQA Notice of Exemption Action ByDate Action ResultVer. City Council9/2/20141 Subject :RegionalRenewableEnergyProcurementProjectfortheinstallationofsolarpower generation facilities at the Service Center ApprovethefollowingrecommendationsrelatingtotheRegionalRenewableEnergy ProcurementProjectfortheinstallationofsolarpowergenerationfacilitiesattheService Center: A. Accept report on bid process with bid result; B.AuthorizetheCityManagertonegotiateandexecuteanEnergyServicesContractand relatedagreements,includingbondforms,withCupertinoElectric,Incorporated,foran amountnottoexceedFourHundredTwenty-SixThousand,TwoHundredSevenDollars ($426,207.00)forthecompletedesign,construction,andinstallationofoneoftheRegional RenewableEnergyProcurement(R-REP)projects,forsolarphotovoltaicsystemstobe located at the Cupertino Service Center located at 10555 Mary Avenue; C.AdoptResolutionNo.14-194makingfindingsnecessarytoauthorizeenteringintoan EnergyServicesContract,includingafindingthatthetotalcostfortheServiceCenterSolar Projectwillbelessthantheanticipatedcostofelectricitythatwouldhavebeenconsumedat theServiceCenterandDonBurnettBridgeintheabsenceofthissystemandthattheterms of the award are in the best interest of the City of Cupertino; D.Authorizeadesign/constructioncontingencyallowanceof$64,000,approximately15 percentofthevalueoftheEnergyServiceContract,toaddressunforeseenconditionsand CITY OF CUPERTINO Printed on 8/27/2014Page 1 of 2 powered by Legistar™ 70 File #:14-0354,Version:1 percentofthevalueoftheEnergyServiceContract,toaddressunforeseenconditionsand foradjustmentsduetooperationalneedsduringconstruction,andauthorizethePublic Works Director to issue changes orders as necessary against the allowance; E.AuthorizeCityManagertonegotiateandexecuteotheragreementsrelatedtotheEnergy Services Contract, including an Operation and Maintenance Agreement. CITY OF CUPERTINO Printed on 8/27/2014Page 2 of 2 powered by Legistar™ 71 1 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: September 2, 2014 Subject Regional Renewable Energy Procurement Project for the installation of solar power generation facilities at the Service Center Recommendation Action Approve the following recommendations relating to the Regional Renewable Energy Procurement Project for the installation of solar power generation facilities at the Service Center: A. Accept report on bid process with bid result; B. Authorize the City Manager to negotiate and execute an Energy Services Contract and related agreements, including bond forms, with Cupertino Electric, Incorporated, for an amount not to exceed Four Hundred Twenty-Six Thousand, Two Hundred Seven Dollars ($426,207.00) for the complete design, construction, and installation of one of the Regional Renewable Energy Procurement (R-REP) projects, for solar photovoltaic systems to be located at the Cupertino Service Center located at 10555 Mary Avenue; C. Adopt the Draft Resolution making findings necessary to authorize entering into an Energy Services Contract, including a finding that the total cost for the Service Center Solar Project will be less than the anticipated cost of electricity that would have been consumed at the Service Center and Don Burnett Bridge in the absence of this system and that the terms of the award are in the best interest of the City of Cupertino; D. Authorize a design/construction contingency allowance of $64,000, approximately 15 percent of the value of the Energy Service Contract, to address unforeseen conditions and for adjustments due to operational needs during construction, and authorize the Public Works Director to issue changes orders as necessary against the allowance; E. Authorize City Manager to negotiate and execute other agreements related to the Energy Services Contract, including an Operation and Maintenance Agreement. 72 2 Background In response to Council discussion during the study session at its February 19, 2013 meeting, the City of Cupertino joined the Alameda County Regional Renewable Energy Procurement (R-REP) program in March 2013, with the goal of implementing solar power generation at city facilities to reduce the city’s dependence on purchasing electricity from a conventional utility source. Alameda County R-REP The County of Alameda is the Lead Agency for the R-REP, an initiative that used a collaborative procurement process to purchase renewable energy systems for public agencies throughout Alameda, Contra Costa, San Mateo and Santa Clara Counties. In addition to the County of Alameda, eighteen (18) other public agencies, including Cupertino, participated in the project. The R-REP program provided technical, financial and legal resources to the collaborative as advisors to the procurement process. The R- REP solicitation included 186 sites, totaling over 31 megawatts of renewable energy. The intent of the collaborative project is to obtain competitive proposals for renewable energy electricity generating systems using either a direct purchase, a power purchase agreement (PPA), a lease, or some other financing program or method that creates net cost savings to the public agencies. The goal of the R-REP project was to obtain favorable costs with the magnitude of the collective procurement by issuing a request for proposal (RFP) for all 186 sites. In addition, this effort sought to achieve reductions in the cost to implement at the various sites, to a large degree, by unifying the terms and conditions of the contracts. A Cupertino internal staff team was established to represent the interests of Cupertino, addressing the technical, financial, legal and process aspects for Cupertino’s projects. As a Participant Agency (PA), Cupertino participated in the R-REP routine meetings for the exchange of information and in two workshops – Finance and Attorney’s workshops - directed at the City’s finance and legal advisors. Staff submitted information to the R-REP managers to inform them of the City’s preferred contract terms and conditions, and specific sites and financing options that the City desired to include in the Request for Proposal (RFP). Based on the feasibility analysis prepared for Cupertino by Optony, Inc. that was presented to Council on February 19, 2013, two Cupertino sites were include in the RFP: 1- Service Center (Corp Yard), including the two meters serving the site and the meter serving the Don Burnett Bridge, all of which were specified for a 74 percent (energy use) load offset that would neutralize the PG&E power bill; and 73 3 2- Cupertino Library specified for a 31 percent energy offset that would reduce the PG&E utility cost. In May 2013, Cupertino secured conditional reservations for California Solar Initiative (CSI) rebates in the amount of up to $255,000 for the Cupertino sites - $64,039 for the Service Center site and $182,084 for the Library. The Don Burnett Bridge did not receive a rebate reservation. The rate of rebate is $0.088 per kilowatt-hour (kWh) of actual energy generated, so these values are based on systems that achieve the optimal energy offset. Request for Proposal The RFP was issued by Alameda County on September 18, 2014 for a two-stage process (RFQ/RFP) to, first, identify qualified proposers, and second, receive proposals for the 186 sites. The sites were packaged in 11 bid bundles based on type of technology, system size and geographic location. Vendors were able to bid on one or more of the bid bundles. The RFQ/RFP was structured as an indefinite quantity, multiple-award, best-value solicitation. In addition, this solicitation was conducted in accordance wit h Government Code Section 4217.10, et seq., and specifically, Section 4217.16, which authorizes public agencies to solicit proposals from qualified persons and to award a contract on the basis of the experience of the firm, the type of technology employed by the firm, the cost to the local agency, and any other relevant considerations, provided that the projects deliver net cost savings to the public agency. The RFQ/RFP included innovative elements designed to meet the needs of the Participant Agencies in this unique, regional collaboration. These elements included financing options, standardized agreement terms, extensive technical specifications, site-specific data, workforce and other unique contracting requirements, and project management expense recovery terms. California Solar Initiative (CSI) Rebate This project also qualifies for the California Solar Initiative Rebate. This rebate program is for customers in the Pacific Gas and Electric (PG&E), Southern California Edison, and San Diego Gas and Electric territories. The program funds solar power generation facilities on existing homes, existing or new commercial, agricultural, government and non-profit buildings. This program funds both solar photovoltaics (PV), as well as other solar thermal generating technologies. This program reserves a rebate by meter for solar power generation that is paid to the applicant over five years based on the actual power generated. The applicant may 74 4 assign the rebate to the vendor as part of the agreement for installation and operation of the system. Upon successful application, the applicant has two major milestones to meet to obtain the rebate. The first, the Proof of Project milestone, requires the applicant to submit a signed agreement with the vendor, whether for PPA or for direct purchase, to the applicable utility (PG&E) by a specific date, which for Cupertino, is September 30, 2014. (The original date was January 24, 2014, later extended to July 21st for all R-REP agencies and then extended again for the M4 agencies.) The second milestone, the Project Completion, is a date by which to have the system installed and operational, which for Cupertino’s project are November 27th and 28th, 2014. The first date is firm but the second date may be flexible. Discussion Bid Result Vendors for the M4 bid bundle were asked to propose for both Power Purchase Agreement (PPA) and for direct purchase for each site for which they submitted a bid. The bids were based on the terms and conditions included in the RFP. A report to the Alameda County Board of Supervisors summarizing the R-REP process and results is attached for additional information. (Attachment A) Cupertino’s projects were bundled in the Peninsula mid-size solar group – M4, which also included projects from five other agencies. The Cupertino sites were packaged as two projects – at the Service Center site and for the Library, with the Service Center including the two meters serving the center and an array for the Don Burnett Pedestrian Bridge meter. Sixteen respondents were pre-qualified in December 2013 to submit proposals. Proposals from 12 pre-qualified firms were received by Alameda County on or before January 14, 2014. Two vendors submitted for the M4 bundle. A Selection Committee comprised of Participant Agency members evaluated the proposals on the basis of firm experience, financial stability, technical proposals, cost, financing plan, and other elements. A shortlist of six vendors was selected to move on to the vendor interviews. Upon final selection of vendors, which was completed on April 7, 2014, Participant Agencies, including Cupertino, were provided with the bid submittals for the selected, top-ranked vendor for each bundle. The Agencies were also provided with summary sheets of the financial analysis for each of their sites with pricing as bid, such that they may make the findings consistent with Code Section 4217.10. 75 5 The top-ranked proposer for the M4 bundle, that includes both of Cupertino’s sites, was SolarCity Corporation. SolarCity’s proposed scenario for the Service Center included a roof-mounted array on the administration building and a carport structure over the main service vehicle parking that will power the two meters serving the Center. It also included a much smaller carport structure at the north end of the east parking lot that would power the Don Burnett Pedestrian Bridge meter. The proposed scenario for the Cupertino Library included a roof-mounted array on the Library west-facing roof, a carport structure over a large portion of the main Library parking lot, and a small carport over a single row of parking on the north side of Community Hall, all of which would power the meter serving the Library. Generalities for the Cupertino project proposals Staff reviewed the results of the proposal process for the purpose of determining the best procurement vehicle for implementing the project. The options presented included a Power Purchase Agreement (PPA) where the vendor would own and maintain the solar power generating equipment and the City would contract for the purchase of the power output, and the direct purchase of the equipment where the City would own and maintain the system as well as all the power generated by the system. The PPA proposals offered negligible savings over purchasing power from PG&E, with the payback at year 20-23. The Direct Purchase proposals offered payback periods approximately half-way through the life of the system, in year 12-14. Based on the financial analyses of the proposals for the two sites, staff concluded that the Library PV system, which would rely heavily on the use of carports in the Library parking lot, was not practical to pursue, given the on-going planning for the Civic Center, and would minimally offset the current energy usage. Therefore the project was removed from negotiation with the vendor. Staff began negotiation with SolarCity for a system at the Service Center., including for value engineered pricing. Negotiation with SolarCity Starting after the April 7th release of the bid result, negotiations with SolarCity were conducted collectively, with Alameda County in the lead and the M4 agencies participating. It was well known to SolarCity that the agencies with CSI rebate reservations needed to complete the negotiation, make public findings, and execute agreements before the July 21, 2014 CSI proof-of-project deadline. SolarCity was slow to respond to requests to begin negotiations. After 10 weeks of discussion between the R-REP agencies and SolarCity, no agency had secured an agreement with the firm. Failure of the negotiations were largely due to SolarCity’s insistence on changing terms that were included in the bid to such a degree that the 76 6 terms could not be accepted by the agencies. While much of the negotiation focused on the PPA terms, Cupertino and two other M4 agencies were also communicating with SolarCity about direct purchase terms. After the failure of SolarCity to respond to Cupertino’s repeated requests to complete negotiation on both terms and price, Cupertino noticed SolarCity on June 26th that the City was terminating negotiation with them and would begin negotiation with the second listed bidder, Cupertino Electric Inc. (CEI). SolarCity acknowledged the notice, effectively abandoning the negotiation. Cupertino Electric Incorporated (CEI) Proposal The bid proposals submitted by CEI, for both the Library and Service Center, include pricing for direct purchase and for PPA. Similar to the results from SolarCity, the direct purchase option for the Service Center is the most likely to be financially beneficial. Staff focused on negotiation for a system at the Service Center. The original direct purchase bid for the Service Center solar project was $510,890. In late June, the R-REP managers requested an extension of the Proof-of Project milestone for the M4 agencies due to the failure of negotiations with SolarCity. The City of Cupertino also requested an extension. PG&E granted extension to all M4 agencies. To receive the benefit of the CSI rebate, the City of Cupertino must submit an executed agreement with CEI to PG&E on or before September 30,, 2014. The City of Cupertino’s negotiation with CEI, began on June 27th, when Staff met with CEI to begin the discussion on terms and conditions. CEI subsequently toured the Service Center site as part of the effort to simplify and refine the system proposal. The modified proposed system will construct a single steel carport over parking spaces for Service Yard vehicles that will hold a bank of solar modules that will generate sufficient power to offset at least 71% of the energy use of the three meters – two that serve the Service Center and one that serves the Done Burnett Bridge for a price of $426,207. Attached is a plan showing the location of the proposed solar installation at the Service Center (Attachment B). The following is a summary of the solar photovoltaic system proposed by CEI: Cupertino Electric Proposal Utility Co. Direct Purchase PPA SERVICE CENTER Service Center - Meter 1 Energy offset by solar 84% 84% Payback Year 11 1 LCOE* -25 years in ($/kWh) 0.3447 0.1344 0.2093 77 7 Service Center - Meter 2 Energy offset by solar 75% 75% Payback Year 11 1 LCOE -25 years in ($/kWh) 0.3144 0.1223 0.1892 Don Burnett Bridge** Energy offset by solar 71% 71% Payback Year 11 1 LCOE -25 years in ($/kWh) 0.3159 0.1143 0.1783 * Note: LCOE – Levelized Cost of Energy ** Note: This is not a standalone project; it is combined with the Service Center meters. A Solar Site Financial Analysis sheet for the proposed system is attached (Attachment C), which includes an analysis of each of the three meters for the Service Center project. The financial analyses assume a 25-year system lifecycle, rebate of $0.088 per kWh for electricity generated over the first five years, and costs for external consultant and internal administrative and management costs, and other factors. In accordance with Government Code 4217 - Section 4217.10, et seq, staff has concluded that, including the CSI rebate, the total direct purchase cost for the solar power generation system provided under the recommended Energy Services Contract will be less than the anticipated cost of electricity that would have been consumed by the Service Center in the absence of this project. Recommendation Based on the assumptions of future costs to purchase electricity from PG&E, a solar PV installation at the Service Center that is configured in accordance with the modified proposal from Cupertino Electric and that maximizes the return from the CSI rebate, would achieve a savings to the City of approximately $593,423 over a 25-year period. The financial analysis indicates that the cost for the solar facility would be paid back in year 13 of the 25-year assumed life of the system. Staff recommends moving forward with a solar installation at the Service Center based on the system proposed by Cupertino Electric and that Council make a finding by 78 8 resolution (Attachment D) that the anticipated cost to the City for electrical energy provided by the solar PV project proposed will result in savings to the City and that the terms are in the best interests of the City. Staff recommends Council authorize the City Manager to negotiate and execute an Energy Services Contract with Cupertino Electric for the Service Center Solar Project and a Maintenance and Operations Agreement for the operation of the facility for a period of 10 years, with an option to extend for two five-year periods, for a total of 20 years. Substantially similar drafts of the agreement documents are attached as noted – Energy Services Contract - Attachment E Maintenance and Operations Agreement - Attachment F Staff recommends allocating $64,000, approximately fifteen percent of the contract amount, to address unforeseen conditions that may become known during construction and also to add any elements to the system or carport that may be operationally beneficial, such as area lighting for the parking and/or electric vehicle charging capability. CEQA Exemption Staff has also determined that the project is categorically exempt from the provisions of CEQA, in accordance with Title 14 - California Code of Regulations, Chapter 3 – Guidelines for Implementation of the CEQA, Article 19 – Categorical Exemptions, Class 1, Existing Facilities, Class 3 - New Construction of Small Equipment, and under Section 15061(b)(3) - No Significant Effect on the Environment. The design, construction and installation of the Service Center Solar Project will result in no net increase in air emissions from the Service Center and complies with all applicable state, federal, and local air quality laws. CEQA guidelines state that when a lead agency approves a project that it has determined to be exempt from CEQA, that lead agency may file a Notice of Exemption (NOE) (Attachment G). Filing of a NOE is not mandated, however, it shortens the statute of limitations for legal challenges under CEQA from 180 days to 35 days. It is recommended that Council now approve the CEQA categorical exemption finding and authorize the filing of the attached Notice of Exemption prior to the commencement of the Service Center Solar Project. Sustainability Impact In addition to the conservation of the City’s financial resources, it is estimated t hat the recommended project will cause the following environmental benefits - 79 9 Annual CO2 Reduction – 115 tons Annual Vehicle Miles Traveled Reduction Equivalent – 266,208 miles Annual Carbon Sequestration Equivalent – 95 acres These reductions align with the City’s General Plan Sustainability Element goals and forthcoming Climate Action Plan measures, targeting a 15% greenhouse gas emissions reduction over the City’s 2010 baseline to align with the statewide goals set within the California Global Warming Solutions Act (AB32). Though only a portion of communitywide emissions arise from the City’s own municipal operations, the City’s General Plan Sustainability Element and draft Climate Action Plan identify specific and direct actions, including those prioritizing renewable energy installations among municipal facilities, to reduce the emissions sources arising from local government activities. This project represents a first step of the City “leading by example” to further encourage residential and commercial solar installations across our jurisdiction, which was ranked 18th in the Environment California Solar Cities 2012 Report for per capita installed solar capacity among cities with a population of 50,000+, over the cities of Santa Barbara, Santa Clara, Davis and Palo Alto. With 576 solar permits issued in Cupertino as of July 2014, the Service Center project will enable our agency to join its community as a participant in achieving the more systemic sustainability and targeted renewable energy objectives defined in Council’s Work Program, as a signatory to both the Mayor’s Climate Protection Agreement and the Bay Area Climate Compact, and as a participant in the California Green Business Program and Network. Fiscal Impact The Fiscal Year 2015 Final Adopted Budget includes $700,000 for the installation of carport photovoltaic systems at the Service Center, offsetting energy use at two meters on the property and one meter at the near-by Don Burnett Bridge, which includes funding for consultant support services and for City internal services to support this capital project. Next Steps Should Council take actions in accordance with the recommendations, the major steps to implement the project are outlined below - Finalize Energy Services Contract and Operation and Maintenance Agreement with Cupertino Electric; Submit signed Energy Services Contract to PG&E before July 21, 2014, to satisfy the CSI Proof-of-Project milestone in order to continue the rebate reservation; Finalize and approve system design and construction/installation; Retain the expert services for contract/construction management; Execute construction at the Service Center site; Activate system for operation prior to CSI reservation expiration date. 80 10 The anticipated completion of the installation is February 2015. _____________________________________ Prepared by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A - Alameda County Letter to Board of Supervisors summarizing the R-REP process and results [REPORT ON THE REGIONAL RENEWABLE ENERGY PROCUREMENT (R-REP) REQUEST FOR QUALIFICATIONS AND PROPOSALS (RFQ/RFP)] B - Service Center Solar Project Plan Layout C - Solar Site Financial Analysis D - Draft Resolution of Finding E - Draft of Energy Services Contract F - Draft of Operation & Maintenance Agreement G - CEQA Notice of Exemption 81 AGENDA # ______, June 10, 2014 June 5, 2014 Honorable Board of Supervisors County of Alameda 1221 Oak Street, Suite 536 Oakland, California 94612-4305 Dear Board Members: SUBJECT: REPORT ON THE REGIONAL RENEWABLE ENERGY PROCUREMENT (R-REP) REQUEST FOR QUALIFICATIONS AND PROPOSALS (RFQ/RFP) NO. 901098 RECOMMENDATIONS: A. Accept and review a report on the outcome of Regional Renewable Energy Procurement (R-REP) Request for Qualifications and Proposals (RFQ/RFP), Master Contract No. 901098; and B. Approve the pool of R-REP Qualified Bidder to enable General Services Agency and other Participating Agencies to negotiate Power Purchase Agreements or Direct Purchase Contracts with any of these Qualified Bidders, as authorized in California Public Utilities Code Section 388. DISCUSSION/SUMMARY: On June 12, 2012, your Board approved the Resolution of Support for Alameda County’s leadership of the R-REP project; Delegation of Authority to the Director, General Services Agency (GSA), or designee, to approve renewable energy site survey contracts for various County of Alameda properties, at a not-to-exceed cost of $2,200 per site with an anticipated total cost of $66,000; and approved in concept, the inclusion of various County properties in the R-REP project, with a total estimated project budget of $25,000,000 (Item #23, File #28222). Subsequently, on February 26, 2013, your Board authorized the Director of GSA to include sixteen (16) County properties in the R-REP; authorized delegation of authority to the Purchasing Agent to execute and amend Agreements and transfer funds as necessary for Master Contract No 901053; amend the Capital Improvement Plan to increase the project budget for R-REP to $966,000, and authorized the Auditor-Controller to make budgetary adjustments (Item #20, File #28757). Your Board then approved and authorized a Memorandum of Understanding (MOU), between the County of Alameda and seventeen (17) agencies participating in the R-REP on March 12, ATTACHMENT A 82 Page 2 June 5, 2014 Regional Renewable Energy Procurement RFP No. 901098 2013 (Item #13, File #28757), and with Alameda County Fire Department (ACFD) on July 16, 2013 (Item #13, File #28961). Finally, on September 17, 2013, your Board authorized the Director of GSA to advertise and publish the Regional Renewable Energy Procurement (R-REP) Request for Qualifications and Proposals (RFQ/RFP), Master Contract No. 901098, on behalf of the nineteen (19) public agencies participating in the collaborative procurement; approved a Resolution relating to R-REP workforce initiative including: a 40% local hiring Good Faith Effort plan, partnerships with workforce entities in the participating jurisdictions and definition of “local ” as the 9 County Bay Area; authorized Delegation of Authority to Director of GSA to make exceptions to County standard procurement policies and practices in order to conduct the solicitation on behalf of the nineteen (19) public agencies; and authorized the Director of GSA to issue a “Notice of Recommendation to Award” announcement to R-REP Participating Agencies upon completion of the solicitation (Item #36, File #29006). The County of Alameda is the Lead Agency for the R-REP, an initiative that utilized collaborative procurement to purchase renewable energy systems for public agencies throughout Alameda, Contra Costa, San Mateo and Santa Clara Counties. In addition to the County of Alameda, eighteen (18) other public agencies participated in the project. The R-REP solicitation included 186 sites, totaling over 31 megawatts of renewable energy. See Attachment 1 for a list of agencies and sites included in the solicitation. Sites were grouped into 11 bid bundles organized based upon the type of technology, system size and geography. Vendors were able to bid on one or more of the bid bundles. The R-REP RFQ/RFP was structured as an indefinite quantity, multiple award, best value solicitation. In addition, this solicitation was conducted in accordance with Government Code Section 4217.10, et seq., and specifically, Section 4217.16, which authorizes public agencies to solicit proposals from qualified persons and to award a contract on the basis of the experience of the Firm, the type of technology employed by the Firm, the cost to the local agency, and any other relevant considerations, provided that the projects deliver net cost savings to the public agency. Upon selection of vendors, Participating Agencies were provided summary sheets of the financial analysis for each of their sites with pricing as bid, such that they may make the findings consistent with Code Section 4217.10. California Public Utilities Code Section 388, allows governmental entities to conduct a pre-qualification such as was conducted in the R-REP RFQ phase to establish a list of qualified vendors. The RFQ/RFP included innovative elements designed to meet the needs of the County and Participating Agencies in this unique, regional collaboration. These elements included financing options, standardized agreement terms, extensive technical specifications, site-specific data, workforce and unique contracting requirements and project management expense recovery terms. Each is briefly described below: Financing options - To provide flexibility to each agency, various financing options were sought including direct purchase, power purchase agreement (PPA), lease financing or other alternatives. 83 Page 3 June 5, 2014 Regional Renewable Energy Procurement RFP No. 901098 Standardized Agreement terms - General PPA and Standard Agreement terms were agreed upon by the Participating Agencies counsel prior to the solicitation and described in the R-REP RFP. Technical Specification Requirements - Technical requirements for each site and PV, solar thermal or fuel cell technologies were defined. Detailed site data - Detailed information on existing Pacific Gas & Electric (PG&E) rates, as- built drawings, hazardous materials reports, and other site specific information was gathered and provided to vendors as part of the RFP materials. Workforce Plans - Bidders were required to submit workforce plans containing good-faith effort commitments to achieve 40% local hiring on all projects undertaken. Unique contracting requirements - The RFP contained a requirement that the recommended bidders meet all unique contracting requirements, including workforce/local hire requirements, as appropriate for the County and each Participating Agency. Project Management Expense Recovery - The bidders were instructed to include in their PPA pricing 3.5% of the proposed direct purchase price for cost recovery of Participating Agency project management expenses associated with delivery of the project sites. This project management recovery option was not included in direct acquisition pricing, as there are no opportunities to amortize the expense. Based on feasibility studies that were completed prior to issuing the RFP, total design and construction costs across all agencies are an estimated $131,000,000 if all 186 projects included in the solicitation were paid for through a cash acquisition. The feasibility studies were conducted by one or more of the following firms: kW Engineering; Information & Energy Services, Inc.; Optony, Inc.; Kenwood Energy; and/or Energy Solutions. These feasibility studies were validated by the RFP consulting team of Newcomb Anderson McCormick, Optony, Inc., and KNN. R-REP successfully accomplished its objective of achieving economies of scale through the collaborative procurement. An analysis of R-REP bid pricing compared to pricing achieved by other public agencies in the Bay Area for solar projects shows that R-REP achieved pricing lower than those projects, for all but one of the bundles included in the solicitation. Comparing prices as bid by both recommended vendors, R-REP bid bundles on average achieved price reductions between 17% and 45% below market comparables. Average pricing as bid for the PPA purchase option across all bundles ranged from a low of $0.09-to-$0.16/kWh compared to market comparables of $0.18-to-$0.21/kWh. Average pricing as bid for the cash purchase option across all bundles ranged from a low of $2.48- to-$3.77/total installed cost/Watt compared to the California Solar Initiative governmental site market comparable of $3.50 to $4.67 total installed cost/Watt (see Attachment 2). It should be noted that final pricing will be determined based upon negotiated agreements with each Participating Agency. 84 Page 4 June 5, 2014 Regional Renewable Energy Procurement RFP No. 901098 Based on proposed pricing, total design and construction costs across all agencies for those sites that received bids (sites in Bundles BA2, L1, M1, M2, M3 and M4) are estimated at $58,300,000. The total net benefit under cash acquisition for all sites that received bids is approximately $108,800,000. For only the County’s sites, in the case that all sites are developed and the renewable energy systems are purchased and operated by the County under proposed pricing, the total net benefit over 25 years is an estimated $53,100,000. It is unlikely, however, that the County or the Participating Agencies will directly acquire all of the renewable energy systems and instead will likely finance either through third-party financing such as Power Purchase Agreements (PPA) or equipment leases, or they will finance using State and federal incentives such as Clean Renewable Energy Bonds. If sites are developed under a PPA, the total 25-year net benefit for all sites that received bids (sites in Bundles BA2, L1, M1, M2, M3 and M4) is estimated at $51,800,000, and if all of the County’s sites are developed using PPAs, there would be approximately $27,900,000 in net savings over 25 years. GSA and seven other Participating Agencies currently hold reservations for California Solar Initiative (CSI) rebates with the program administrator, PG&E, for a total of over $5,000,000. These reservations will expire on July 21, 2014 without a signed contract. See attached list of Participating Agencies that hold CSI reservations (Attachment 3). Your Board’s action of accepting this report will conclude the recommendations for award phase of the RFP and, per the terms of the MOU, enable each Participating Agency to proceed with their independent actions to either accept or reject the proposed bid pricing and award contracts for their sites. SELECTION CRITERIA/PROCESS: On June 10, 2013, the County issued a Request for Information (RFI) , which was distributed via email not only through the County’s EGOV bulletin to a total of 3,763 recipients, but also to the members of SolarTech and CalSEIA, two local non-profit solar trade organizations comprised of small and large firms. In addition, the Alameda County Purchasing Department notified 43 solar vendors of the RFI directly via email. In addition, Alameda County conducted outreach at three events targeting small, local businesses in advance of issuing the RFP. The RFP was released on September 18, 2013 and was posted in three different categories as both an RFP and a RFQ: Architectural and Engineering (A&E), Construction, and Professional Services. An EGOV bulletin was sent to Subscribers of GSA A&E - Current Contracting Opportunities, GSA Construction - Current Contracting Opportunities, and GSA Professional Services - Current Contracting Opportunities. On the morning of October 4, 2013 the County hosted a bidders conference to provide an opportunity for interested vendors to attend live or via web-conference, and to allow them to ask questions regarding the RFP. On the afternoon of the same day a networking conference was held. On December 6, 2013, a mandatory workforce development conference was held to allow qualified vendors and local job development agencies to network. This event was attended by job development agencies, prime vendors and subcontractors. 85 Page 5 June 5, 2014 Regional Renewable Energy Procurement RFP No. 901098 On October 22, 2013, 20 vendors submitted RFQ responses, 17 of which were deemed qualified. The nature of the disqualifications ranged from not demonstrating adequate prior experience, to simply not filling out the entire the questionnaire, which made it impossible to judge their ability to meet the qualifications. This list of qualified vendors may be used by Participating Agencies for further renewable energy solicitations as part of the indefinite quantity, multiple award solicitation structure. The qualified vendors were instructed to submit proposals. On January 14, 2014, 14 responses were received for six out of the 11 bid bundles that were included in the RFP. Bid responses were not received for the (2) small solar PV bundles, the (1) Solar Thermal, (1) Fuel Cell, and (1) Alternative bundle (BA1). Upon conclusion of contract negotiations, County staff will conduct a survey of all bidders to obtain further information on the entire RFP process. Upon receipt of the bid proposals, a completeness check was conducted and it was determined that responses submitted by three vendors, Gestamp Asetym Solar North America, Inc., AMSolar, LLC and Cool Earth Solar, Inc. were incomplete, and therefore these bids were disqualified. The remaining bidders were qualified to move forward in the R-REP solicitation and per PUC 388 are qualified to receive future bid price requests from the County and Participating Agencies. Bids were evaluated by the County Selection Committee (CSC) comprised of representatives from County of Alameda Community Development Agency, UC Berkeley, Hayward Area Recreation and Park District, County of Alameda Technical Services Department, City of Oakland and County of Santa Clara. Proposals were evaluated on the basis of firm experience, financial stability, technical proposals, cost, financing plan, etc., as described in the RFP attachment Exhibit G, Proposal Evaluation Matrix. To assist the Selection Committee, the County’s consultants, Newcomb Anderson McCormick, Optony, Inc., and KNN reviewed the bid proposals and prepared an analysis of financial and technical criteria. References were extensively checked. A shortlist of six vendors were selected to move on to the vendor interviews. Vendors were selected for interviews based upon the following criteria: a maximum of five bidders per bundle; only those bidders who scored above 300 points; and no bidders that scored a zero or one for the cost criteria. SunEdison Government Solutions, LLC and Solar City Corporation were the highest ranked bidders for the bundles specified below, and are being recommended for award. GSA and the Participating Agencies are currently negotiating PPA Terms and Conditions with SunEdison and Solar City. If negotiations with these two top ranked vendors fail to finalize acceptable PPA language, GSA and the Participating Agencies will negotiate with the next ranked vendor in that bundle or if there is not a next ranked vendor in a particular bundle, they will negotiate one of the other six shortlisted vendors. A maximum total of 500 evaluation points were available for this RFP. The following are evaluation summaries by bundle: 86 Page 6 June 5, 2014 Regional Renewable Energy Procurement RFP No. 901098 EVALUATION SUMMARY Highest Ranked Bidders by Bundle Bundle Vendor Ranking Points BA2 SunEdison Government Solutions, LLC 1 441.17 L1 SunEdison Government Solutions, LLC 1 444.30 M1 SunEdison Government Solutions, LLC 1 446.67 M2 SolarCity Corporation 1 377.50 M3 SunEdison Government Solutions, LLC 1 444.67 M4 SolarCity Corporation 1 367.67 Detailed Scores by Bundle and Bidder Bundle Vendor Ranking Points BA2 SunEdison Government Solutions, LLC 1 441.17 BA2 SunEdison Government Solutions, LLC Prepay PPA 2 420.83 BA2 Borrego Solar Alternate 3 420.40 BA2 Borrego Solar 4 419.63 BA2 Sun Power Corporation, Systems 5 411.67 BA2 Ecoplexus, Inc. 6 403.97 BA2 Cupertino Electric, Inc. 7 363.17 BA2 Cupertino Electric, Inc. Plan B 8 356.77 Bundle Vendor Ranking Points L1 SunEdison Government Solutions, LLC 1 444.30 L1 Borrego Solar Systems, Inc. 1000V UCB 2 411.83 L1 Borrego Solar Systems, Inc. 600V 3 410.23 L1 Borrego Solar Systems, Inc. 4 408.57 L1 Ecoplexus, Inc. 5 398.00 L1 Sun Power Corporation, Systems 6 383.17 L1 SolarCity Corporation 7 343.30 Bundle Vendor Ranking Points M1 SunEdison Government Solutions, LLC 1 446.67 M1 Ecoplexus, Inc. 2 390.70 87 88 At t a c h m e n t 1 Pa g e 1 Ju n e 5 , 2 0 1 4 Re g i o n a l R e n e w a b l e E n e r g y P r o c u r e m e n t RF P N o . 9 0 1 0 9 8 Pa r t i c i p a n t S i t e S t r e e t C i t y Co u n t y U s a g e (k W h ) Te c h n o l o g y In s t a l l a t i o n T y p e Re c o m m e n d e d Sy s t e m Ca p a c i t y (k W DC ) Estimated Year 1 Production (kWh) Offset Bundle Al a m e d a C o u n t y Fi r e D e p a r t m e n t Fi r e S t a t i o n # 2 4 14 3 0 1 6 4 t h Av e As h l a n d Al a m e d a 11 9 , 3 2 0 So l a r P V Ro o f M o u n t e d 68 . 0 89,680 75% M2 Al a m e d a C o u n t y Fi r e D e p a r t m e n t Fi r e S t a t i o n # 2 5 20 3 3 6 S a n Mi g u e l A v e Ca s t r o V a l l e y Al a m e d a 60 , 7 7 7 So l a r P V Ro o f M o u n t e d 34 . 5 45,499 75% M2 Al a m e d a C o u n t y Fi r e D e p a r t m e n t Fi r e S t a t i o n # 2 5 B 20 3 3 6 S a n Mi g u e l A v e Ca s t r o V a l l e y Al a m e d a 21 , 1 5 7 So l a r P V Ro o f M o u n t e d 12 . 0 15,826 75% M2 Al a m e d a C o u n t y Fi r e D e p a r t m e n t Fi r e S t a t i o n # 2 6 18 7 7 0 L a k e Ch a b o t R d Ca s t r o V a l l e y Al a m e d a 21 , 2 6 1 So l a r P V Ro o f M o u n t e d 11 . 5 15,750 74% S2 Al a m e d a C o u n t y Fi r e D e p a r t m e n t Fi r e S t a t i o n # 6 19 7 7 8 C u l l Ca n y o n R d Ca s t r o V a l l e y Al a m e d a 32 , 0 2 8 So l a r P V Ro o f M o u n t e d 17 . 0 24,106 75% S2 Al a m e d a Co u n t y Fi r e D e p a r t m e n t Fi r e S t a t i o n # 7 69 0 1 V i l l a r e a l Dr Ca s t r o V a l l e y Al a m e d a 20 , 8 4 6 So l a r P V Ro o f M o u n t e d 11 . 0 15,598 75% S2 Al a m e d a C o u n t y Fi r e D e p a r t m e n t Fi r e S t a t i o n # 8 16 1 7 C o l l e g e Av e Li v e r m o r e Al a m e d a 30 , 7 5 9 So l a r P V Ro o f M o u n t e d 17 . 5 23,079 75% S2 89 At t a c h m e n t 1 Pa g e 2 Ju n e 5 , 2 0 1 4 Re g i o n a l R e n e w a b l e E n e r g y P r o c u r e m e n t RF P N o . 9 0 1 0 9 8 Ca s t r o V a l l e y Sa n i t a r y D i s t r i c t CV S a n M a i n Fa c i l i t y 21 0 4 0 Ma r s h a l l St r e e t Ca s t r o V a l l e y Al a m e d a 40 , 6 8 0 So l a r P V Ca r p o r t / R o o f t o p 18 . 5 30,487 75% S1 Ce n t r a l C o n t r a Co s t a S a n i t a r y Di s t r i c t Ho u s e h o l d Ha z a r d o u s Wa s t e C o l l e c t i o n Fa c i l i t y 47 9 7 I m h o f f Pl a c e Ma r t i n e z Co n t r a Co s t a 52 , 2 0 0 So l a r P V Gr o u n d M o u n t e d / C a r p o r t 32 . 4 42,701 82% M3 Ce n t r a l C o n t r a Co s t a S a n i t a r y Di s t r i c t Co l l e c t i o n Sy s t e m s Op e r a t i o n s ( C S O ) Fa c i l i t y 12 5 0 Sp r i n g b r o o k Ro a d Wa l n u t C r e e k Co n t r a Co s t a 24 8 , 0 5 6 So l a r P V Ca r p o r t / R o o f t o p 15 6 . 0 205,136 83% M3 Ce n t r a l C o n t r a Co s t a S a n i t a r y Di s t r i c t Ve h i c l e R e p a i r Bu i l d i n g - Me t e r 1 a n d M e t e r 2 12 6 6 Sp r i n g b r o o k Ro a d Wa l n u t C r e e k Co n t r a Co s t a 42 , 7 1 9 So l a r P V Ca r p o r t 29 . 0 39,274 92% M3 Ci t y o f B e r k e l e y Fr a n c i s A l b r i e r Re c r e a t i o n Ce n t e r 28 0 0 P a r k S t Be r k e l e y Al a m e d a 14 6 , 5 4 9 So l a r P V Gr o u n d M o u n t e d / R o o f t o p 42 . 4 48,211 33% BA Ci t y o f B e r k e l e y Pu b l i c S a f e t y Bu i l d i n g 21 0 0 M a r t i n Lu t h e r K i n g Jr . W a y Be r k e l e y Al a m e d a 1, 2 4 6 , 7 3 3 So l a r P V Ca r p o r t / R o o f t o p 10 7 . 6 141,095 11% BA Ci t y o f B e r k e l e y Li v e Oa k P a r k Re c r e a t i o n Ce n t e r 13 0 1 Sh a t t u c k A v e Be r k e l e y Al a m e d a 80 , 0 5 9 So l a r P V Ro o f M o u n t e d 34 . 0 48,211 60% BA Ci t y o f B e r k e l e y Tr a n s f e r S t a t i o n Ad m i n i s t r a t i o n Bu i l d i n g s 12 3 5 2 n d S t Be r k e l e y Al a m e d a 99 , 9 3 3 So l a r P V Ca r p o r t / R o o f t o p 62 . 6 84,864 85% BA 90 At t a c h m e n t 1 Pa g e 3 Ju n e 5 , 2 0 1 4 Re g i o n a l R e n e w a b l e E n e r g y P r o c u r e m e n t RF P N o . 9 0 1 0 9 8 Ci t y o f B e r k e l e y Sa t h e r G a t e Ga r a g e 24 5 0 D u r a n t Av e Be r k e l e y Al a m e d a 24 4 , 2 1 1 So l a r P V Ca r p o r t 90 . 5 119,354 49% BA Ci t y o f B e r k e l e y Em e r g e n c y Se r v i c e s Wa r e h o u s e 10 1 1 F o l g e r Av e Be r k e l e y Al a m e d a 24 , 2 4 8 So l a r P V Ro o f M o u n t e d 13 . 0 18,434 76% S2 Ci t y o f B e r k e l e y Ma r i n a Co r p o r a t e Y a r d 23 5 Un i v e r s i t y Av e Be r k e l e y Al a m e d a 44 , 3 4 4 So l a r P V Ca r p o r t 28 . 5 37,982 86% BA Ci t y o f B e r k e l e y Ja m e s K e n n e y 17 2 0 8 t h S t . Be r k e l e y Al a m e d a 16 5 , 0 4 0 So l a r P V Ro o f M o u n t e d 38 . 3 50,511 31% BA Ci t y o f B e r k e l e y Fi r e S t a t i o n # 1 24 4 2 8 t h S t . Be r k e l e y Al a m e d a 35 , 6 7 1 So l a r P V Ro o f M o u n t e d 23 . 0 30,333 85% BA Ci t y o f B e r k e l e y Fi r e S t a t i o n # 2 20 2 9 Be r k e l e y W a y Be r k e l e y Al a m e d a 78 , 7 3 7 So l a r P V Ro o f M o u n t e d 51 . 0 67,260 85% BA Ci t y o f B e r k e l e y Fi r e S t a t i o n # 5 26 8 0 Sh a t t u c k A v e Be r k e l e y Al a m e d a 57 , 9 2 0 So l a r P V Ro o f M o u n t e d 38 . 0 49,250 85% BA Ci t y o f B e r k e l e y Ma i n L i b r a r y 20 9 0 Ki t t r e d g e S t Be r k e l e y Al a m e d a 1, 2 4 4 , 0 0 3 So l a r P V Ro o f M o u n t e d 61 . 9 81,635 7% BA 91 At t a c h m e n t 1 Pa g e 4 Ju n e 5 , 2 0 1 4 Re g i o n a l R e n e w a b l e E n e r g y P r o c u r e m e n t RF P N o . 9 0 1 0 9 8 Ci t y o f B e r k e l e y No r t h B e r k e l e y Se n i o r C e n t e r 19 0 1 H e a r s t Be r k e l e y Al a m e d a 69 , 6 8 0 So l a r P V Ro o f M o u n t e d 46 . 0 59,250 85% BA Ci t y o f C u p e r t i n o Ci v i c C e n t e r - Li b r a r y 10 3 5 0 T o r r e Av e Cu p e r t i n o Sa n t a Cl a r a 1, 0 6 0 , 7 4 4 So l a r P V Ca r p o r t / R o o f t o p 24 5 . 0 330,995 31% M4 Ci t y o f C u p e r t i n o Co r p o r a t i o n Y a r d (S A -I D 7 4 2 0 ; S A - ID 7 4 2 5 a n d BR I D G E M E T E R ) 10 5 5 5 M a r y Av e Cu p e r t i n o Sa n t a Cl a r a 20 2 , 1 7 2 So l a r P V Ca r p o r t 11 0 . 0 149,543 74% M4 Ci t y o f E m e r y v i l l e Se n i o r C e n t e r 43 2 1 S a l e m St r e e t Em e r y v i l l e Al a m e d a 53 , 6 7 1 So l a r P V Ro o f M o u n t e d 34 . 5 45,499 85% S1 Ci t y o f E m e r y v i l l e Co r p o r a t e Y a r d 56 7 9 H o r t o n St r e e t Em e r y v i l l e Al a m e d a 66 , 7 3 6 So l a r P V Ro o f M o u n t e d 43 . 0 56,709 85% S1 Ci t y o f E m e r y v i l l e Fi r e S t a t i o n # 1 23 3 3 P o w e l l St r e e t Em e r y v i l l e Al a m e d a 99 , 0 0 0 So l a r P V Ro o f M o u n t e d 15 . 0 21,000 21% BA Ci t y o f F o s t e r C i t y Fo s t e r C i t y Li b r a r y / Co m m u n i t y Ce n t e r 10 0 0 Ea s t Hi l l s d a l e B l v d Fo s t e r C i t y Sa n Ma t e o 33 5 , 0 8 0 So l a r P V Ca r p o r t / R o o f t o p 22 2 . 0 285,096 85% M4 Ci t y o f F r e m o n t Po l i c e S t a t i o n - Ma i n M e t e r 20 0 0 St e v e n s o n Bl v d Fr e m o n t Al a m e d a 1, 1 8 5 , 2 0 0 So l a r P V Ca r p o r t / R o o f t o p 61 7 . 0 853,510 72% M1 92 At t a c h m e n t 1 Pa g e 5 Ju n e 5 , 2 0 1 4 Re g i o n a l R e n e w a b l e E n e r g y P r o c u r e m e n t RF P N o . 9 0 1 0 9 8 Ci t y o f F r e m o n t Po l i c e S t a t i o n - Ch i l l e r M e t e r 20 0 0 St e v e n s o n Bl v d Fr e m o n t Al a m e d a 32 , 0 6 0 So l a r P V Ca r p o r t / R o o f t o p 16 . 0 22,198 69% M1 Ci t y o f F r e m o n t Po l i c e S t a t i o n - Ja i l M e t e r 20 0 0 St e v e n s o n Bl v d Fr e m o n t Al a m e d a 41 2 , 3 2 0 So l a r P V Ca r p o r t / R o o f t o p 21 8 . 0 301,318 73% M1 Ci t y o f F r e m o n t Po l i c e S t a t i o n - Ev i d e n c e Wa r e h o u s e Me t e r 20 0 0 St e v e n s o n Bl v d Fr e m o n t Al a m e d a 23 6 , 8 8 0 So l a r P V Ca r p o r t / R o o f t o p 10 9 . 0 151,221 64% M1 Ci t y o f F r e m o n t Ma i n t e n a n c e Ce n t e r 42 5 5 1 Os g o o d R o a d Fr e m o n t Al a m e d a 73 6 , 3 2 0 So l a r P V Ca r p o r t / R o o f t o p 42 0 . 0 585,988 80% M1 Ci t y o f F r e m o n t Ir v i n g t o n Co m m u n i t y Ce n t e r 41 8 8 5 B l a c o w Ro a d Fr e m o n t Al a m e d a 13 9 , 3 6 0 So l a r P V Ca r p o r t / R o o f t o p 88 . 0 123,313 88% M1 Ci t y o f F r e m o n t Aq u a A d v e n t u r e Wa t e r P a r k 40 5 0 0 P a s e o Pa d r e Pa r k w a y Fr e m o n t Al a m e d a 36 4 , 8 0 0 So l a r P V Ca r p o r t 24 8 . 0 343,568 94% M1 Ci t y o f M e n l o P a r k Co r p o r a t i o n Y a r d 33 3 B u r g e s s Dr Me n l o P a r k Sa n Ma t e o 80 , 2 4 0 So l a r P V Ca r p o r t / R o o f t o p 49 . 0 65,194 81% S1 Ci t y o f M e n l o P a r k Ar r i l l a g a F a m i l y Gy m n a s i u m 60 0 A l m a St r e e t Me n l o P a r k Sa n Ma t e o 27 8 , 3 6 8 So l a r P V Ca r p o r t / R o o f t o p 16 6 . 0 222,438 80% M4 93 At t a c h m e n t 1 Pa g e 6 Ju n e 5 , 2 0 1 4 Re g i o n a l R e n e w a b l e E n e r g y P r o c u r e m e n t RF P N o . 9 0 1 0 9 8 Ci t y o f M e n l o P a r k Be l l e H a v e n Ch i l d c a r e C e n t e r 41 0 I v y D r i v e Me n l o P a r k Sa n Ma t e o 30 , 3 2 0 So l a r P V Ro o f M o u n t e d 21 . 0 27,157 90% S1 Ci t y o f M e n l o P a r k On e t t a H a r r i s Co m m u n i t y Ce n t e r 10 0 T e r m i n a l Av e Me n l o P a r k Sa n Ma t e o 16 6 , 0 0 0 So l a r P V Ca r p o r t / R o o f t o p 10 3 . 0 136,206 82% M4 Ci t y o f M e n l o P a r k Ar r i l l a g a F a m i l y Gy m n a s t i c s Ce n t e r 70 1 L a u r e l St r e e t Me n l o P a r k Sa n Ma t e o 1, 3 3 7 , 9 8 2 So l a r P V Ca r p o r t / R o o f t o p 15 8 . 0 208,311 16% M4 Ci t y o f M o u n t a i n Vi e w Br y a n t S t r e e t Pa r k i n g G a r a g e 13 5 B r y a n t St r e e t Mo u n t a i n Vi e w Sa n t a Cl a r a 79 , 2 8 0 So l a r P V Ca r p o r t 38 . 0 51,608 65% S1 Ci t y o f M o u n t a i n Vi e w Mu n i c i p a l Op e r a t i o n s Ce n t e r 23 1 N o r t h Wh i s m a n Ro a d Mo u n t a i n Vi e w Sa n t a Cl a r a 71 1 , 7 5 4 So l a r P V Ca r p o r t / R o o f t o p 41 1 . 0 559,349 79% M4 Ci t y o f M o u n t a i n Vi e w Fi r e S t a t i o n # 5 21 9 5 Sh o r e l i n e Bl v d Mo u n t a i n Vi e w Sa n t a Cl a r a 76 , 2 4 0 So l a r P V Gr o u n d M o u n t e d / C a r p o r t 46 . 0 60,750 80% S1 Ci t y o f M o u n t a i n Vi e w Sh o r e l i n e Ma i n t e n a n c e Fa c i l i t y 26 1 2 N . Sh o r e l i n e Bl v d Mo u n t a i n Vi e w Sa n t a Cl a r a 87 , 0 4 0 So l a r P V Ca r p o r t 51 . 0 69,460 80% M4 Ci t y o f M o u n t a i n Vi e w Sh o r e l i n e G o l f Pr o S h o p 29 4 0 N . Sh o r e l i n e Bl v d Mo u n t a i n Vi e w Sa n t a Cl a r a 17 5 , 7 6 0 So l a r P V Ca r p o r t / R o o f t o p 10 5 . 4 144,500 82% M4 94 At t a c h m e n t 1 Pa g e 7 Ju n e 5 , 2 0 1 4 Re g i o n a l R e n e w a b l e E n e r g y P r o c u r e m e n t RF P N o . 9 0 1 0 9 8 Ci t y o f O a k l a n d 81 s t A v e n u e Li b r a r y 10 2 1 8 1 s t A v e Oa k l a n d Al a m e d a 14 0 , 1 4 5 So l a r P V Ro o f M o u n t e d 50 . 0 70,899 51% M2 Ci t y o f O a k l a n d Ar r o y o V i e j o Re c r e a t i o n Ce n t e r & H e a d St a r t 77 0 1 K r a u s e Av e Oa k l a n d Al a m e d a 66 , 2 0 0 So l a r P V Ro o f M o u n t e d 19 . 1 26,159 40% S2 Ci t y o f O a k l a n d Ch a r l e s G r e e n Li b r a r y 65 9 1 4 t h S t Oa k l a n d Al a m e d a 13 6 , 9 4 0 So l a r P V Ro o f M o u n t e d 7. 0 9,926 7% S2 Ci t y o f O a k l a n d Fi r e S t a t i o n 8 46 3 5 1 s t S t Oa k l a n d Al a m e d a 62 , 0 4 7 So l a r P V Ro o f M o u n t e d 8. 0 10,551 17% S2 Ci t y o f O a k l a n d Ga r d e n C e n t e r 66 6 B e l l e v u e Av e Oa k l a n d Al a m e d a 83 , 1 2 3 So l a r P V Ro o f M o u n t e d 16 . 6 23,538 28% S2 Ci t y o f O a k l a n d Me l r o s e B r a n c h Li b r a r y 48 0 5 F o o t h i l l Bl v d Oa k l a n d Al a m e d a 31 , 6 8 0 So l a r P V Ro o f M o u n t e d 19 . 0 25,058 79% S2 Ci t y o f O a k l a n d St u d i o O n e A r t Ce n t e r 36 5 4 5 t h S t Oa k l a n d Al a m e d a 20 9 , 5 3 1 So l a r P V Ro o f M o u n t e d 28 . 0 39,703 19% S2 Ci t y o f O a k l a n d Ta s s a f a r o n g a Re c r e a t i o n Ce n t e r 97 5 8 5 t h A v e Oa k l a n d Al a m e d a 67 , 8 8 0 So l a r P V Ro o f M o u n t e d 36 . 0 51,047 75% M2 95 At t a c h m e n t 1 Pa g e 8 Ju n e 5 , 2 0 1 4 Re g i o n a l R e n e w a b l e E n e r g y P r o c u r e m e n t RF P N o . 9 0 1 0 9 8 Ci t y o f O a k l a n d Da l z i e l B u i l d i n g 25 0 F r a n k H . Og a w a P l a z a Oa k l a n d Al a m e d a 2, 9 3 8 , 6 1 9 So l a r P V Ro o f M o u n t e d 19 4 . 0 255,852 9% M2 Ci t y o f O a k l a n d De F r e m e r y Re c r e a t i o n Ce n t e r 16 5 1 A d e l i n e St Oa k l a n d Al a m e d a 41 , 2 4 8 So l a r P V Ro o f M o u n t e d 24 . 0 31,652 77% S2 Ci t y o f O a k l a n d Fi r e S t a t i o n 1 8 17 0 0 5 0 t h Av e Oa k l a n d Al a m e d a 89 , 1 1 1 So l a r P V Ro o f M o u n t e d 17 . 0 22,420 25% S2 Ci t y o f O a k l a n d Fi r e S t a t i o n 1 9 57 7 6 M i l e s Av e Oa k l a n d Al a m e d a 43 , 9 4 7 So l a r P V Ro o f M o u n t e d 25 . 0 32,971 75% S2 Ci t y o f O a k l a n d Fi r e S t a t i o n 2 4 59 0 0 Sh e p h e r d Ca n y o n R d Oa k l a n d Al a m e d a 40 , 0 7 2 So l a r P V Ro o f M o u n t e d 21 . 0 29,778 74% S2 Ci t y o f O a k l a n d Ju n i o r C e n t e r o f Ar t s a n d S c i e n c e 55 8 B e l l e v u e Av e Oa k l a n d Al a m e d a 21 , 1 0 0 So l a r P V Ro o f M o u n t e d 11 . 3 16,023 76% S2 Ci t y o f O a k l a n d Mo s s w o o d Re c r e a t i o n Ce n t e r 36 1 2 W e b s t e r St Oa k l a n d Al a m e d a 72 , 6 0 0 So l a r P V Ro o f M o u n t e d 26 . 3 37,293 51% S2 Ci t y o f O a k l a n d Mu n i c i p a l Se r v i c e C e n t e r 71 0 1 Ed g e w a t e r D r Oa k l a n d Al a m e d a 54 4 , 9 6 0 So l a r P V Ca r p o r t / R o o f t o p 24 5 . 0 323,112 59% M2 96 At t a c h m e n t 1 Pa g e 9 Ju n e 5 , 2 0 1 4 Re g i o n a l R e n e w a b l e E n e r g y P r o c u r e m e n t RF P N o . 9 0 1 0 9 8 Ci t y o f O a k l a n d We s t O a k l a n d Se n i o r C e n t e r 17 2 4 A d e l i n e St Oa k l a n d Al a m e d a 81 , 3 2 0 So l a r P V Ro o f M o u n t e d 46 . 0 65,227 80% S2 Ci t y o f O a k l a n d Wi l s o n B u i l d i n g 15 0 F r a n k H. Og a w a P l a z a Oa k l a n d Al a m e d a 2, 4 6 5 , 6 3 3 So l a r P V Ro o f M o u n t e d 50 . 0 65,941 3% M2 Ci t y o f O a k l a n d 93 r d A v e . C e n t e r 93 r d A v e . Ce n t e r Oa k l a n d Al a m e d a 9, 2 6 2 So l a r P V Ro o f M o u n t e d 4. 0 5,275 57% S2 Ci t y o f O a k l a n d Br o o k f i e l d He a d s t a r t 96 0 0 E d e s Av e Oa k l a n d Al a m e d a 13 , 9 0 8 So l a r P V Ro o f M o u n t e d 7. 6 10,023 72% S2 Ci t y o f O a k l a n d E. O a k l a n d M S C 92 5 5 E d e s Av e Oa k l a n d Al a m e d a 72 , 7 8 3 So l a r P V Ro o f M o u n t e d 21 . 8 28,750 40% S2 Ci t y o f O a k l a n d Fi r e h o u s e 4 12 3 5 In t e r n a t i o n a l Bl v d Oa k l a n d Al a m e d a 61 , 6 7 5 So l a r P V Ro o f M o u n t e d 8. 2 11,627 19% S2 Ci t y o f O a k l a n d Fi r e h o u s e 2 1 13 1 5 0 S k y l i n e Bl v d Oa k l a n d Al a m e d a 34 , 7 7 9 So l a r P V Ro o f M o u n t e d 8. 6 12,195 35% S2 Ci t y o f O a k l a n d Fi r e h o u s e 2 6 26 1 1 9 8 t h Av e Oa k l a n d Al a m e d a 56 , 4 2 0 So l a r P V Ro o f M o u n t e d 10 . 4 14,747 26% S2 97 At t a c h m e n t 1 Pa g e 1 0 Ju n e 5 , 2 0 1 4 Re g i o n a l R e n e w a b l e E n e r g y P r o c u r e m e n t RF P N o . 9 0 1 0 9 8 Ci t y o f O a k l a n d Fi r e h o u s e 2 7 85 0 1 P a r d e e Dr Oa k l a n d Al a m e d a 42 , 9 6 5 So l a r P V Ro o f M o u n t e d 6. 4 8,440 20% S2 Ci t y o f O a k l a n d Fi r e h o u s e 2 9 10 1 6 6 6 t h Av e Oa k l a n d Al a m e d a 37 , 7 9 0 So l a r P V Ro o f M o u n t e d 14 . 5 19,123 51% S2 Ci t y o f O a k l a n d Li v e O a k P o o l 10 5 5 Ma c A r t h u r Bl v d Oa k l a n d Al a m e d a 91 , 4 8 0 So l a r P V Ro o f M o u n t e d 9. 2 12,133 13% S2 Ci t y o f O a k l a n d Te m e s c a l P o o l 37 1 4 5 t h S t Oa k l a n d Al a m e d a 10 9 , 0 4 0 So l a r P V Ro o f M o u n t e d 13 . 0 17,145 16% S2 Ci t y o f O a k l a n d Bu s h r o d Re c r e a t i o n Ce n t e r 56 0 - 5 9 t h S t Oa k l a n d Al a m e d a 10 3 , 7 2 0 So l a r P V Ro o f M o u n t e d 59 . 3 82,976 80% BA Ci t y o f O a k l a n d Di a m o n d Re c r e a t i o n Ce n t e r / L i o n s Po o l 38 6 0 H a n l y Rd Oa k l a n d Al a m e d a 14 8 , 8 4 0 So l a r P V Ro o f M o u n t e d 85 . 1 119,072 80% BA Ci t y o f O a k l a n d Fi r e h o u s e # 0 1 16 0 5 M L K i n g Wy Oa k l a n d Al a m e d a 95 6 , 0 8 0 So l a r P V Ro o f M o u n t e d 54 6 . 3 764,864 80% BA Ci t y o f O a k l a n d Fi r e h o u s e # 1 3 12 2 5 D e r b y Av Oa k l a n d Al a m e d a 33 , 2 3 8 So l a r P V Ro o f M o u n t e d 19 . 0 26,590 80% BA 98 At t a c h m e n t 1 Pa g e 1 1 Ju n e 5 , 2 0 1 4 Re g i o n a l R e n e w a b l e E n e r g y P r o c u r e m e n t RF P N o . 9 0 1 0 9 8 Ci t y o f O a k l a n d Fr a n k l i n Re c r e a t i o n Ce n t e r 10 1 0 E 1 5 t h St Oa k l a n d Al a m e d a 23 , 8 9 6 So l a r P V Ro o f M o u n t e d 13 . 7 19,117 80% BA Ci t y o f O a k l a n d Fi r e h o u s e # 1 5 45 5 - 2 7 t h S t Oa k l a n d Al a m e d a 58 , 2 5 2 So l a r P V Ro o f M o u n t e d 33 . 3 46,602 80% BA Ci t y o f O a k l a n d Ha l l o f J u s t i c e - PA B 45 5 - 7 t h S t Oa k l a n d Al a m e d a 3, 9 7 1 , 8 8 2 So l a r P V Ro o f M o u n t e d 22 6 9 . 6 3,177,506 80% BA Ci t y o f O a k l a n d Al l e n d a l e Re c r e a t i o n Ce n t e r 37 1 1 S u t e r S t Oa k l a n d Al a m e d a 35 , 2 8 0 So l a r P V Ro o f M o u n t e d 20 . 2 28,224 80% BA Ci t y o f O a k l a n d De F r e m e r y P o o l 12 6 9 - 1 8 t h S t Oa k l a n d Al a m e d a 10 2 , 4 0 0 So l a r P V Ro o f M o u n t e d 58 . 5 81,920 80% BA Ci t y o f O a k l a n d Di a m o n d B r a n c h Li b r a r y 35 6 5 Fr u i t v a l e A v Oa k l a n d Al a m e d a 11 1 , 0 2 3 So l a r P V Ro o f M o u n t e d 63 . 4 88,818 80% BA Ci t y o f O a k l a n d El m h u r s t B r a n c h Li b r a r y 14 2 7 - 88 t h Av Oa k l a n d Al a m e d a 16 , 6 0 4 So l a r P V Ro o f M o u n t e d 9. 5 13,283 80% BA Ci t y o f O a k l a n d F M S m i t h Re c r e a t i o n Ce n t e r 19 6 9 P a r k B l Oa k l a n d Al a m e d a 28 , 5 7 2 So l a r P V Ro o f M o u n t e d 16 . 3 22,858 80% BA 99 At t a c h m e n t 1 Pa g e 1 2 Ju n e 5 , 2 0 1 4 Re g i o n a l R e n e w a b l e E n e r g y P r o c u r e m e n t RF P N o . 9 0 1 0 9 8 Ci t y o f O a k l a n d Fi r e A l a r m Bu i l d i n g 13 1 0 O a k S t Oa k l a n d Al a m e d a 41 , 3 9 8 So l a r P V Ro o f M o u n t e d 23 . 7 33,118 80% BA Ci t y o f O a k l a n d Fi r e D e p a r t m e n t Tr a i n i n g C e n t e r 25 0 V i c t o r y C t Oa k l a n d Al a m e d a 37 , 7 2 0 So l a r P V Ro o f M o u n t e d 21 . 6 30,176 80% BA Ci t y o f O a k l a n d Fi r e h o u s e # 0 5 93 4 - 3 4 t h S t Oa k l a n d Al a m e d a 40 , 3 5 2 So l a r P V Ro o f M o u n t e d 23 . 1 32,282 80% BA Ci t y o f O a k l a n d Fi r e h o u s e # 1 2 82 2 A l i c e S t Oa k l a n d Al a m e d a 29 , 5 6 1 So l a r P V Ro o f M o u n t e d 16 . 9 23,649 80% BA Ci t y o f O a k l a n d Fi r e h o u s e # 1 7 33 4 4 H i g h S t Oa k l a n d Al a m e d a 51 , 2 2 4 So l a r P V Ro o f M o u n t e d 29 . 3 40,979 80% BA Ci t y o f O a k l a n d Fi r e h o u s e # 2 0 (n e w ) 97 1 8 In t e r n a t i o n a l Bl v d Oa k l a n d Al a m e d a 92 , 4 8 8 So l a r P V Ro o f M o u n t e d 52 . 9 73,990 80% BA Ci t y o f O a k l a n d Fi r e h o u s e # 2 3 71 0 0 F o o t h i l l Bl Oa k l a n d Al a m e d a 42 , 8 4 2 So l a r P V Ro o f M o u n t e d 24 . 5 34,274 80% BA Ci t y o f O a k l a n d Go l d e n G a t e Br a n c h L i b r a r y 56 0 6 S a n Pa b l o A v Oa k l a n d Al a m e d a 37 , 9 9 8 So l a r P V Ro o f M o u n t e d 21 . 7 30,398 80% BA 10 0 At t a c h m e n t 1 Pa g e 1 3 Ju n e 5 , 2 0 1 4 Re g i o n a l R e n e w a b l e E n e r g y P r o c u r e m e n t RF P N o . 9 0 1 0 9 8 Ci t y o f O a k l a n d Ir a J e n k i n s (B r o o k f i e l d ) Re c r e a t i o n C t r 91 7 5 E d e s A v Oa k l a n d Al a m e d a 51 , 2 0 0 So l a r P V Ro o f M o u n t e d 29 . 3 40,960 80% BA Ci t y o f O a k l a n d Ga r d e n C e n t e r - Nu r s e r y 66 6 B e l l e v u e Av Oa k l a n d Al a m e d a 83 , 1 2 3 So l a r P V Ro o f M o u n t e d 30 . 0 42,000 51% BA Ci t y o f O a k l a n d La k e v i e w B r a n c h Li b r a r y 55 0 E l Em b a r c a d e r o Oa k l a n d Al a m e d a 20 , 1 7 7 So l a r P V Ro o f M o u n t e d 11 . 5 16,142 80% BA Ci t y o f O a k l a n d Le o n a L o d g e 44 4 4 Mo u n t a i n B l Oa k l a n d Al a m e d a 5, 8 8 1 So l a r P V Ro o f M o u n t e d 3. 4 4,705 80% BA Ci t y o f O a k l a n d Li n c o l n S q u a r e Re c r e a t i o n Ce n t e r 25 0 - 1 0 t h S t Oa k l a n d Al a m e d a 95 , 9 6 0 So l a r P V Ro o f M o u n t e d 54 . 8 76,768 80% BA Ci t y o f O a k l a n d Ma i n L i b r a r y (M e t e r 1 ) 12 5 - 1 4 t h S t Oa k l a n d Al a m e d a 40 7 , 7 6 0 So l a r P V Ro o f M o u n t e d 23 3 . 0 326,208 80% BA Ci t y o f O a k l a n d Ma i n L i b r a r y (M e t e r 2 ) 12 5 - 1 4 t h S t Oa k l a n d Al a m e d a 25 , 7 0 8 So l a r P V Ro o f M o u n t e d 14 . 7 20,566 80% BA Ci t y o f O a k l a n d Ma n z a n i t a Re c r e a t i o n Ce n t e r 27 0 1 - 22 n d Av Oa k l a n d Al a m e d a 51 , 0 4 0 So l a r P V Ro o f M o u n t e d 29 . 2 40,832 80% BA 10 1 At t a c h m e n t 1 Pa g e 1 4 Ju n e 5 , 2 0 1 4 Re g i o n a l R e n e w a b l e E n e r g y P r o c u r e m e n t RF P N o . 9 0 1 0 9 8 Ci t y o f O a k l a n d Mo n t c l a i r B r a n c h Li b r a r y 16 8 7 Mo u n t a i n B l Oa k l a n d Al a m e d a 26 , 1 7 9 So l a r P V Ro o f M o u n t e d 15 . 0 20,943 80% BA Ci t y o f O a k l a n d Mo n t c l a i r Re c r e a t i o n Ce n t e r 63 0 0 M o r a g a Av ( 6 2 2 6 ) Oa k l a n d Al a m e d a 25 , 5 0 0 So l a r P V Ro o f M o u n t e d 14 . 6 20,400 80% BA Ci t y o f O a k l a n d Po p l a r Re c r e a t i o n Ce n t e r 31 3 1 U n i o n S t Oa k l a n d Al a m e d a 53 , 9 2 1 So l a r P V Ro o f M o u n t e d 30 . 8 43,137 80% BA Ci t y o f O a k l a n d Ra i n b o w Re c r e a t i o n Ce n t e r 58 0 0 In t e r n a t i o n a l Bl v d Oa k l a n d Al a m e d a 78 , 9 6 0 So l a r P V Ro o f M o u n t e d 45 . 1 63,168 80% BA Ci t y o f O a k l a n d Re d w o o d Re c r e a t i o n Ce n t e r - n e w 38 8 3 A l i s o A v Oa k l a n d Al a m e d a 37 , 6 4 0 So l a r P V Ro o f M o u n t e d 21 . 5 30,112 80% BA Ci t y o f O a k l a n d Re d w o o d Re c r e a t i o n Ce n t e r a n n e x - ( ol d ) 37 3 1 Re d w o o d R d Oa k l a n d Al a m e d a 7, 9 6 6 So l a r P V Ro o f M o u n t e d 4. 6 6,373 80% BA Ci t y o f O a k l a n d Ve r d e s e C a r t e r Re c r e a t i o n Ce n t e r 96 0 0 Su n n y s i d e S t Oa k l a n d Al a m e d a 21 , 8 4 2 So l a r P V Ro o f M o u n t e d 12 . 5 17,474 80% BA Ci t y o f O a k l a n d Ve t e r a n s Me m o r i a l H a l l (O a k l a n d S e n i o r Ct r ) 20 0 G r a n d A v Oa k l a n d Al a m e d a 23 3 , 1 2 0 So l a r P V Ro o f M o u n t e d 13 3 . 2 186,496 80% BA 10 2 At t a c h m e n t 1 Pa g e 1 5 Ju n e 5 , 2 0 1 4 Re g i o n a l R e n e w a b l e E n e r g y P r o c u r e m e n t RF P N o . 9 0 1 0 9 8 Ci t y o f O a k l a n d We s t O a k l a n d Mu l t i - Se r v i c e Ce n t e r 18 0 1 A d e l i n e St Oa k l a n d Al a m e d a 94 , 6 4 0 So l a r P V Ro o f M o u n t e d 54 . 1 75,712 80% BA Ci t y o f O a k l a n d Fi r e h o u s e # 0 6 70 8 0 C o l t o n Bl Oa k l a n d Al a m e d a 38 , 4 7 0 So l a r P V Ro o f M o u n t e d 22 . 0 30,776 80% BA Ci t y o f O a k l a n d Fi r e h o u s e # 1 0 17 2 S a n t a Cl a r a A v Oa k l a n d Al a m e d a 29 , 6 6 0 So l a r P V Ro o f M o u n t e d 16 . 9 23,728 80% BA Ci t y o f O a k l a n d Co l u m b i a n Ga r d e n s B u i l d i n g 98 5 4 K o f o r d Rd Oa k l a n d Al a m e d a 10 , 0 5 9 So l a r P V Ro o f M o u n t e d 5. 7 8,047 80% BA Ci t y o f O a k l a n d Fi r e h o u s e # 1 6 36 0 0 - 13 t h Av Oa k l a n d Al a m e d a 30 , 5 3 7 So l a r P V Ro o f M o u n t e d 17 . 4 24,430 80% BA Ci t y o f O a k l a n d Ma l o n g a Ca s q u e l o r d / A l i c e Ar t s C e n t e r (M e t e r 1 ) 14 2 8 A l i c e S t Oa k l a n d Al a m e d a 22 2 , 7 2 0 So l a r P V Ro o f M o u n t e d 12 7 . 3 178,176 80% BA Ci t y o f O a k l a n d Ma l o n g a Ca s q u e l o r d / A l i c e Ar t s C e n t e r (M e t e r 2 ) 14 2 8 A l i c e S t Oa k l a n d Al a m e d a 41 , 5 6 8 So l a r P V Ro o f M o u n t e d 23 . 8 33,254 80% BA Ci t y o f O a k l a n d Ma l o n g a Ca s q u e l o r d / A l i c e Ar t s C e n t e r (M e t e r 3 ) 14 2 8 A l i c e S t Oa k l a n d Al a m e d a 32 , 5 2 0 So l a r P V Ro o f M o u n t e d 18 . 6 26,016 80% BA 10 3 At t a c h m e n t 1 Pa g e 1 6 Ju n e 5 , 2 0 1 4 Re g i o n a l R e n e w a b l e E n e r g y P r o c u r e m e n t RF P N o . 9 0 1 0 9 8 Ci t y o f O a k l a n d Ma l o n g a Ca s q u e l o r d / A l i c e Ar t s C e n t e r (M e t e r 4 ) 14 2 8 A l i c e S t Oa k l a n d Al a m e d a 29 , 4 4 0 So l a r P V Ro o f M o u n t e d 16 . 8 23,552 80% BA Ci t y o f O a k l a n d Fi r e h o u s e # 2 8 46 1 5 G r a s s Va l l e y R d Oa k l a n d Al a m e d a 41 , 8 3 4 So l a r P V Ro o f M o u n t e d 23 . 9 33,467 80% BA Ci t y o f O a k l a n d Fr a n k l i n G a r a g e 41 1 - 1 9 t h S t Oa k l a n d Al a m e d a 17 6 , 6 4 0 So l a r P V Ro o f M o u n t e d 10 0 . 9 141,312 80% BA Ci t y o f O a k l a n d Mo n t c l a i r Ga r a g e 62 3 5 L a S a l l e Av Oa k l a n d Al a m e d a 11 1 , 6 7 1 So l a r P V Ro o f M o u n t e d 63 . 8 89,337 80% BA Ci t y o f O a k l a n d Fr e m o n t P o o l 45 5 0 F o o t h i l l Bl ( 4 5 5 9 ) Oa k l a n d Al a m e d a 98 , 5 8 0 So l a r P V Ro o f M o u n t e d 56 . 3 78,864 80% BA Ci t y o f O a k l a n d Ne c k l a c e o f Li g h t s - M e t e r 1 La k e s h o r e & Br o o k l y n A v e Oa k l a n d Al a m e d a 7, 8 3 2 So l a r P V Sh a d e S t r u c t u r e 4. 5 6,266 80% BA Ci t y o f O a k l a n d Ne c k l a c e o f Li g h t s - M e t e r 2 60 0 B e l l e v u e Av e Oa k l a n d Al a m e d a 4, 5 5 5 So l a r P V Sh a d e S t r u c t u r e 2. 6 3,644 80% BA Ci t y o f O a k l a n d Ne c k l a c e o f Li g h t s - M e t e r 3 56 8 B e l l e v u e Av e Oa k l a n d Al a m e d a 36 , 0 0 0 So l a r P V Sh a d e S t r u c t u r e 20 . 6 28,800 80% BA 10 4 At t a c h m e n t 1 Pa g e 1 7 Ju n e 5 , 2 0 1 4 Re g i o n a l R e n e w a b l e E n e r g y P r o c u r e m e n t RF P N o . 9 0 1 0 9 8 Ci t y o f O a k l a n d Ne c k l a c e o f Li g h t s - M e t e r 4 Gr a n d A v e & Mo n t e c i t o Av e Oa k l a n d Al a m e d a 2, 6 9 4 So l a r P V Sh a d e S t r u c t u r e 1. 5 2,155 80% BA Ci t y o f O a k l a n d Ne c k l a c e o f Li g h t s - M e t e r 5 La k e s i d e Dr i v e & 1 7 t h St Oa k l a n d Al a m e d a 6, 8 4 4 So l a r P V Sh a d e S t r u c t u r e 3. 9 5,475 80% BA Ci t y o f O a k l a n d Ne c k l a c e o f Li g h t s - M e t e r 6 La k e s i d e Dr i v e & E . 18 t h S t Oa k l a n d Al a m e d a 29 , 5 3 5 So l a r P V Sh a d e S t r u c t u r e 16 . 9 23,628 80% BA Ci t y o f O a k l a n d Ne c k l a c e o f Li g h t s - M e t e r 7 La k e s i d e Dr i v e & E . 18 t h S t Oa k l a n d Al a m e d a 7, 1 9 1 So l a r P V Sh a d e S t r u c t u r e 4. 1 5,753 80% BA Ci t y o f R e d w o o d Ci t y Re d M o r t o n Co m m u n i t y Ce n t e r 11 2 0 Ro o s e v e l t A v e Re d w o o d C i t y Sa n Ma t e o 38 2 , 5 6 0 So l a r P V Ca r p o r t / R o o f t o p 18 3 . 5 269,623 70% M4 Ci t y o f R i c h m o n d Ci v i c C e n t e r Pl a z a - Au d i t o r i u m 40 3 C i v i c Ce n t e r P l a z a Ri c h m o n d Co n t r a Co s t a 1, 1 0 5 , 1 4 1 So l a r P V Ca r p o r t / R o o f t o p 49 8 . 0 668,889 61% M3 Ci t y o f R i c h m o n d Di s p a t c h C e n t e r 32 6 2 7 t h St r e e t Ri c h m o n d Co n t r a Co s t a 24 0 , 7 2 0 So l a r P V Ca r p o r t / R o o f t o p 12 8 . 0 171,121 71% M3 Ci t y o f R i c h m o n d Pa r k Ad m i n i s t r a t i o n Of f i c e s 32 0 1 L e o n a Av e n u e Ri c h m o n d Co n t r a Co s t a 40 , 6 0 7 So l a r P V Ca r p o r t 23 . 0 29,573 73% S1 10 5 At t a c h m e n t 1 Pa g e 1 8 Ju n e 5 , 2 0 1 4 Re g i o n a l R e n e w a b l e E n e r g y P r o c u r e m e n t RF P N o . 9 0 1 0 9 8 Ci t y o f R i c h m o n d Ne v i n Co m m u n i t y Ce n t e r 59 8 N e v i n Av e n u e Ri c h m o n d Co n t r a Co s t a 64 , 7 2 0 So l a r P V Ro o f M o u n t e d 34 . 6 45,621 70% S1 Ci t y o f R i c h m o n d Bo o k e r T . An d e r s o n Co m m u n i t y Ce n t e r 96 0 S o u t h 47 t h S t r e e t Ri c h m o n d Co n t r a Co s t a 58 , 9 2 0 So l a r P V Ro o f M o u n t e d 36 . 3 48,577 82% S1 Ci t y o f R i c h m o n d Fi r e S t a t i o n # 6 2 10 6 5 7 t h St r e e t Ri c h m o n d Co n t r a Co s t a 44 , 5 8 0 So l a r P V Ro o f M o u n t e d 33 . 0 44,236 99% S1 Ci t y o f R i c h m o n d Fi r e S t a t i o n # 6 3 52 0 1 Va l l e y Vi e w R o a d Ri c h m o n d Co n t r a Co s t a 65 , 0 4 0 So l a r P V Ca r p o r t 18 . 0 24,774 38% S1 Ci t y o f R i c h m o n d Fi r e S t a t i o n # 6 8 29 0 4 H i l l t o p Dr i v e Ri c h m o n d Co n t r a Co s t a 75 , 5 2 0 So l a r P V Ca r p o r t / R o o f t o p 38 . 0 50,910 67% S1 Ci t y o f W a l n u t Cr e e k He a t h e r F a r m Co m m u n i t y Ce n t e r 30 1 N . S a n Ca r l o s D r Wa l n u t C r e e k Co n t r a Co s t a 16 5 , 9 2 0 So l a r P V Ca r p o r t 10 7 . 0 140,053 84% M3 Ci t y o f W a l n u t Cr e e k Bo u n d a r y O a k Go l f C o u r s e 13 8 0 0 V a l l e y Vi s t a R d Wa l n u t C r e e k Co n t r a Co s t a 38 4 , 2 4 0 So l a r P V Ca r p o r t 22 6 . 0 299,898 78% M3 Ci t y o f W a l n u t Cr e e k Br o a d w a y Pa r k i n g G a r a g e 16 5 0 N . Br o a d w a y Wa l n u t C r e e k Co n t r a Co s t a 53 , 2 0 0 So l a r P V Ca r p o r t 35 . 4 47,065 88% M3 10 6 At t a c h m e n t 1 Pa g e 1 9 Ju n e 5 , 2 0 1 4 Re g i o n a l R e n e w a b l e E n e r g y P r o c u r e m e n t RF P N o . 9 0 1 0 9 8 Ci t y o f W a l n u t Cr e e k No r t h L o c u s t Pa r k i n g G a r a g e 16 2 5 L o c u s t St Wa l n u t C r e e k Co n t r a Co s t a 27 2 , 8 4 0 So l a r P V Ca r p o r t 14 6 . 0 194,110 71% M3 Ci t y o f W a l n u t Cr e e k So u t h L o c u s t Pa r k i n g G a r a g e 13 5 0 L o c u s t St Wa l n u t C r e e k Co n t r a Co s t a 14 8 , 0 0 0 So l a r P V Ca r p o r t 80 . 5 105,411 71% M3 Co u n t y o f A l a m e d a Al c o P a r k 16 5 1 3 t h S t Oa k l a n d Al a m e d a 36 7 , 3 8 7 So l a r P V Ca r p o r t / R o o f t o p 17 1 . 0 225,519 61% M2 Co u n t y o f A l a m e d a Co n t r a c t S e r v i c e s 24 2 5 E 1 2 t h St Oa k l a n d Al a m e d a 19 2 , 9 6 0 So l a r P V Ro o f M o u n t e d 12 5 . 6 171,349 89% M2 Co u n t y o f A l a m e d a Ed e n T o w n s h i p St a t i o n 15 0 0 1 Fo o t h i l l B l v d Sa n L e a n d r o Al a m e d a 43 4 , 7 8 5 So l a r P V Ca r p o r t 14 4 . 0 189,911 44% M2 Co u n t y o f A l a m e d a Co u n t y Ad m i n i s t r a t i o n Bu i l d i n g 12 2 1 O a k S t Oa k l a n d Al a m e d a 4, 3 0 3 , 7 6 1 So l a r P V Ro o f M o u n t e d 86 . 9 120,142 3% M2 Co u n t y o f A l a m e d a Em e r g e n c y O p Ce n t e r ( E O C ) 20 0 0 1 5 0 t h Av e Sa n L e a n d r o Al a m e d a 61 5 , 2 1 6 So l a r P V Ca r p o r t / R o o f t o p 85 . 0 112,100 18% M2 Co u n t y o f A l a m e d a GS A C o m m - Co y o t e H i l l Ja r v i s R d Fr e m o n t Al a m e d a 10 8 , 9 5 6 So l a r P V Gr o u n d M o u n t 67 . 5 92,448 85% M2 10 7 At t a c h m e n t 1 Pa g e 2 0 Ju n e 5 , 2 0 1 4 Re g i o n a l R e n e w a b l e E n e r g y P r o c u r e m e n t RF P N o . 9 0 1 0 9 8 Co u n t y o f A l a m e d a Fr e m o n t L i b r a r y 24 0 0 St e v e n s o n Bl v d Fr e m o n t Al a m e d a 1, 1 0 0 , 2 5 6 So l a r P V Ro o f M o u n t e d 17 8 . 0 247,877 23% M2 Co u n t y o f A l a m e d a Ha y w a r d P a r k i n g St r u c t u r e 24 3 6 0 Am a d o r S t Ha y w a r d Al a m e d a 66 , 5 2 0 So l a r P V Ca r p o r t 40 . 0 54,989 83% S2 Co u n t y o f A l a m e d a Ma r t i n e l l i E v e n t Ce n t e r 35 7 5 Gr e e n v i l l e R d Li v e r m o r e Al a m e d a 16 3 , 7 9 2 So l a r P V Ro o f M o u n t e d 23 . 0 35,129 21% S2 Co u n t y o f A l a m e d a Ma r t i n e l l i E v e n t Ce n t e r ( G R O U N D MO U N T ) 35 7 5 Gr e e n v i l l e R d Li v e r m o r e Al a m e d a RE S - B C T RE S - B C T Gr o u n d M o u n t 39 7 4 . 4 L1 Co u n t y o f A l a m e d a Pe r a l t a O a k s 29 0 1 P e r a l t a Oa k s C t Oa k l a n d Al a m e d a 79 , 4 4 0 So l a r P V Ca r p o r t / R o o f t o p 85 . 0 112,100 141% M2 Co u n t y o f A l a m e d a SS A E n t e r p r i s e 84 7 7 En t e r p r i s e Wa y Oa k l a n d Al a m e d a 57 8 , 4 0 0 So l a r P V Ca r p o r t / R o o f t o p 18 6 . 7 247,960 80% M2 Co u n t y o f A l a m e d a SS A -Ad u l t , A g i n g Fa m i l y S e r v i c e s 77 5 1 Ed g e w a t e r D r Oa k l a n d Al a m e d a 48 0 , 9 6 0 So l a r P V Ca r p o r t / R o o f t o p 12 8 . 8 173,477 80% M2 Co u n t y o f A l a m e d a Tu r n e r C o u r t 95 1 T u r n e r C t Ha y w a r d Al a m e d a 58 6 , 6 9 0 So l a r P V Ca r p o r t / R o o f t o p 35 8 . 0 153,567 80% M2 10 8 At t a c h m e n t 1 Pa g e 2 1 Ju n e 5 , 2 0 1 4 Re g i o n a l R e n e w a b l e E n e r g y P r o c u r e m e n t RF P N o . 9 0 1 0 9 8 Co u n t y o f A l a m e d a Ja c k s o n C e n t e r 11 1 1 J a c k s o n St Oa k l a n d Al a m e d a 1, 0 1 3 , 2 1 8 So l a r P V Ro o f M o u n t e d 13 1 . 1 172,766 17% M2 Co u n t y o f A l a m e d a Ja c k s o n C e n t e r 11 1 1 J a c k s o n St Oa k l a n d Al a m e d a 1, 0 1 3 , 2 1 8 Fu e l C e l l 10 0 . 0 876,000 86% F1 Co u n t y o f A l a m e d a Sa n t a R i t a J a i l 53 2 5 B r o d e r Bl v d Du b l i n Al a m e d a 8, 2 2 4 , 5 7 9 So l a r P V Ca r p o r t / R o o f t o p / G r o u n d Mo u n t e d 19 9 1 . 0 2,847,467 35% L1 Co u n t y o f A l a m e d a Wi n s t o n A v e - La n d f i l l S i t e 40 0 1 W e s t Wi n s t o n A v e Ha y w a r d Al a m e d a No t Av a i l a b l e So l a r P V Gr o u n d M o u n t 50 0 0 . 0 7,445,400 N/A BA Co u n t y o f A l a m e d a Sa n t a R i t a J a i l 53 2 5 B r o d e r Bl v d Du b l i n Al a m e d a 8, 2 2 4 , 5 7 9 Fu e l C e l l 14 0 0 . 0 F1 Co u n t y o f C o n t r a Co s t a Of f i c e o f Em e r g e n c y Se r v i c e s 50 G l a c i e r D r Ma r t i n e z Co n t r a Co s t a 71 8 , 1 7 3 So l a r P V Ca r p o r t / R o o f t o p 15 1 . 0 206,983 29% M3 Co u n t y o f C o n t r a Co s t a Sh e r i f f -Co r o n e r - Fo r e n s i c S c i e n c e Ce n t e r 19 6 0 M u i r R d Ma r t i n e z Co n t r a Co s t a 62 5 , 3 3 6 So l a r P V Ca r p o r t 38 5 . 0 527,737 84% M3 Co u n t y o f C o n t r a Co s t a De p t . o f P u b l i c Wo r k s 25 5 G l a c i e r Dr Ma r t i n e z Co n t r a Co s t a 15 3 , 3 3 3 So l a r P V Ca r p o r t / R o o f t o p 84 . 0 115,143 75% M3 10 9 At t a c h m e n t 1 Pa g e 2 2 Ju n e 5 , 2 0 1 4 Re g i o n a l R e n e w a b l e E n e r g y P r o c u r e m e n t RF P N o . 9 0 1 0 9 8 Co u n t y o f C o n t r a Co s t a We s t C o u n t y He a l t h C e n t e r - Pa r k i n g G a r a g e 13 6 0 1 S a n Pa b l o A v e Sa n P a b l o Co n t r a Co s t a 76 7 , 5 2 3 So l a r P V Ca r p o r t 28 1 . 0 370,590 48% M3 Co u n t y o f C o n t r a Co s t a Sh e r i f f -Co r o n e r - Pa t r o l & In v e s t i g a t i o n 19 8 0 M u i r Rd Ma r t i n e z Co n t r a Co s t a 37 1 , 8 4 0 So l a r P V Ca r p o r t 23 0 . 0 315,272 85% M3 Co u n t y o f C o n t r a Co s t a Ju v e n i l e De t e n t i o n C e n t e r (2 m e t e r s ) 20 2 G l a c i e r Dr Ma r t i n e z Co n t r a Co s t a 2, 1 7 5 , 4 0 1 So l a r P V Ca r p o r t / R o o f t o p 32 5 . 0 445,493 20% M3 Co u n t y o f S a n Ma t e o EP A B u i l d i n g 24 1 5 Un i v e r s i t y Av e Ea s t P a l o A l t o Sa n Ma t e o 73 8 , 0 3 4 So l a r P V Ca r p o r t 23 7 . 0 332,443 45% M4 Co u n t y o f S a n Ma t e o El e c t i o n s Bu i l d i n g 40 T o w e r R d Sa n M a t e o Sa n Ma t e o 19 9 , 5 0 4 So l a r P V Ro o f M o u n t e d 11 2 . 0 169,110 85% M4 Co u n t y o f S a n Ma t e o SM M C 29 9 W 3 9 t h S t Sa n M a t e o Sa n Ma t e o 11 , 5 7 9 , 6 6 0 So l a r P V Ca r p o r t / R o o f t o p 90 7 . 0 1,272,262 11% L1 Ha y w a r d A r e a Re c r e a t i o n a n d P a r k Di s t r i c t ( H A R D ) Di s t r i c t Of f i c e s / C o r p o r a t io n Y a r d (R O O F T O P ) 10 9 9 E S t r e e t Ha y w a r d Al a m e d a 23 4 , 1 3 2 So l a r P V Ca r p o r t / R o o f t o p 14 7 . 0 191,306 82% M1 Ha y w a r d A r e a Re c r e a t i o n a n d P a r k Di s t r i c t ( H A R D ) Ha y w a r d P l u n g e 24 1 7 6 Mi s s i o n B l v d Ha y w a r d Al a m e d a 12 1 , 0 8 5 So l a r P V Ca r p o r t 63 . 0 81,864 80% M1 11 0 At t a c h m e n t 1 Pa g e 2 3 Ju n e 5 , 2 0 1 4 Re g i o n a l R e n e w a b l e E n e r g y P r o c u r e m e n t RF P N o . 9 0 1 0 9 8 Ha y w a r d A r e a Re c r e a t i o n a n d P a r k Di s t r i c t ( H A R D ) Sk y w e s t G o l f Co u r s e 14 0 1 G o l f Co u r s e R d Ha y w a r d Al a m e d a 54 , 1 2 8 So l a r P V Ca r p o r t 27 . 0 35,290 80% S1 Ha y w a r d A r e a Re c r e a t i o n a n d P a r k Di s t r i c t ( H A R D ) Mi s s i o n H i l l s G o l f Co u r s e 22 5 I n d u s t r i a l Pk w y Ha y w a r d Al a m e d a 40 9 , 8 9 3 So l a r P V Ca r p o r t 26 2 . 0 336,624 80% M1 Ha y w a r d A r e a Re c r e a t i o n a n d P a r k Di s t r i c t ( H A R D ) Ke n n e t h A i t k e n Se n i o r & Co m m u n i t y Ce n t e r 17 8 0 0 Re d w o o d Ro a d Ca s t r o V a l l e y Al a m e d a 64 , 7 4 8 So l a r P V Ca r p o r t 43 . 0 56,203 80% S1 UC B e r k e l e y Go l d e n B e a r Bu i l d i n g 19 9 5 Un i v e r s i t y Av e Be r k e l e y Al a m e d a 1, 7 9 6 , 4 0 0 So l a r P V Ca r p o r t / R o o f t o p 11 0 . 0 145,071 8% M1 UC B e r k e l e y Un i v e r s i t y Vi l l a g e 11 2 5 J a c k s o n St Al b a n y Al a m e d a 4, 1 3 9 , 4 7 9 So l a r P V Ca r p o r t 55 6 . 0 733,266 18% L1 UC B e r k e l e y Es h l e m a n Ba n c r o f t W a y at T e l e g r a p h Av e Be r k e l e y Al a m e d a Ca m p u s So l a r P V Ro o f M o u n t e d 53 . 0 69,898 M1 UC B e r k e l e y Ha a s P a v i l i o n Ba n c r o f t W a y at D a n a S t Be r k e l e y Al a m e d a Ca m p u s So l a r P V Ro o f M o u n t e d 23 0 . 0 326,135 M1 UC B e r k e l e y ML K Ba n c r o f t W a y at T e l e g r a p h Av e Be r k e l e y Al a m e d a Ca m p u s So l a r P V Ro o f M o u n t e d 11 2 . 0 147,708 M1 11 1 At t a c h m e n t 1 Pa g e 2 4 Ju n e 5 , 2 0 1 4 Re g i o n a l R e n e w a b l e E n e r g y P r o c u r e m e n t RF P N o . 9 0 1 0 9 8 UC B e r k e l e y Re c r e a t i o n a l Sp o r t s F a c i l i t y Ba n c r o f t W a y at E l l s w o r t h St Be r k e l e y Al a m e d a Ca m p u s So l a r P V Ro o f M o u n t e d 19 7 . 0 259,808 M1 UC B e r k e l e y Pl a n t S e r v i c e s 20 0 0 C a r l e t o n St Be r k e l e y Al a m e d a 65 1 , 6 1 0 So l a r P V Ca r p o r t / R o o f t o p 17 5 . 0 230,794 35% M1 UC B e r k e l e y Be r k e l e y A r t Ce n t e r / M u s e u m 21 5 5 C e n t e r St r e e t Be r k e l e y Al a m e d a Ca m p u s So l a r P V Ro o f M o u n t e d 75 . 0 112,500 BA 11 2 Attachment 2 June 5, 2014 Regional Renewable Energy Procurement RFP No. 901098 113 Attachment 3 June 5, 2014 Regional Renewable Energy Procurement RFP No. 901098 CONDITIONAL CSI RESERVATIONS RECEIVED Agency Site Name CSI Reservation No. CSI - AC System Size Reservation Incentive Amount County of Alameda Santa Rita Jail PGE-CSI-70004 943.801 kW $727,550 City of Foster City Library and Community Center PGE-CSI-69540 191.073 kW $147,294 City of Cupertino Cupertino Library PGE-CSI-69939 236.197 kW $182,084 City Service Center PGE-CSI-69938 83.071 kW $64,039 City of Oakland Fire house #18 PGE-CSI-70016 39.134 kW $30,167 West Oakland Senior Center PGE-CSI-70028 44.995 kW $34,686 Municipal Service Center PGE-CSI-70029 227.7 kW $175,527 Garden Center PGE-CSI-70020 16.8 kW $12,962 81st Avenue Library PGE-CSI-70010 39.134 kW $30,167 Melrose Branch Library PGE-CSI-70023 14.888 kW $11,477 Charles Green Library PGE-CSI-70011 11.51 kW $8,596 Fire house #29 PGE-CSI-70019 13.662 kW $10,531 East Oakland MSC PGE-CSI-70015 20.419 kW $15,741 Fire house #19 PGE-CSI-70017 23.507 kW $18,122 Fire house #24 PGE-CSI-70018 14.092 kW $10,863 DeFremery Recreation Center PGE-CSI-70014 23.321 kW $17,978 Mosswood Recreation Center PGE-CSI-70024 32.581 kW $25,116 Junior Center of Art and Science PGE-CSI-70021 10.343 kW $7,974 Studio One Art Center PGE-CSI-70025 41.892 kW $32,294 Arroyo Viejo Recreation Center & Head Start PGE-CSI-70012 12.196 kW $9,401 Tassafaronga Recreation Center PGE-CSI-70026 33.113 kW $25,526 Contra Costa County Dept. of Public Works PGE-CSI-69813 93.570 kW $72,131 Sheriff-Coroner - Forensic Science Center PGE-CSI-69821 334.723 kW $258,031 Sheriff-Coroner - Patrol & Investigation PGE-CSI-69845 190.025 kW $146,485 Juvenile Detention Center PGE-CSI-69825 471.970 kW $363,831 Office of Emergency Services PGE-CSI-69829 93.771 kW $72,285 West County Health Center - Parking Garage PGE-CSI-69806 451.183 kW $347,807 City of Menlo Park Corporation Yard PGE-CSI-70043 42.249 kW $30,788 Arillage Family Gymnasium PGE-CSI-70044 121.466 kW $88,516 Bell Haven Child Care Center PGE-CSI-70045 16.351 kW $11,917 Onette Harris Community Center PGE-CSI-70046 99.919 kW $72,814 Arillaga Gymnastics Center PGE-CSI-70047 249.53 kW $181,926 City of Fremont Police Station - Main Meter PGE-CSI-70084 826.078 kW $636,821 Aqua Adventure Water Park PGE-CSI-70083 206.825 kW $159,441 County of San Mateo San Mateo Medical Center PGE-CSI-70037 939.950 kW $724,587 Elections Building PGE-CSI-70036 93.532 kW $72,102 EPA Building PGE-CSI-70034 235.585 Kw $181,612 114 CITY OF CUPERTINO SERVICE YARD 7/3/14 39 ' 0 " 187'-11" PV 1.1 CONCEPTUAL PV LAYOUT 0 ISSUE FOR REVIEW --- --- --- GENERAL NOTES PROJECT INFORMATION 1055 MARY AVE CUPERTINO, CA 95014 LAT:37.330 N LONG:122.050 W PROJECT SUMMARY PROPOSED LAYOUT OF NEW FIXED-TILT PHOTOVOLTAIC CARPORT ARRAYS. TECHNOLOGY SUMMARY PV MODULES: YINGLI 305W (OR EQUAL) PV INVERTER(S): SOLECTRIA 28 KW (OR EQUAL) 1. THE PURPOSE OF THIS DRAWING IS TO ESTABLISH PRELIMINARY MODULE LAYOUT. 2. DIMENSIONS AND SCALE ARE SHOWN FOR REFERENCE ONLY. THIS DRAWING SHOULD NOT BE SCALED. 3. THIS DRAWING WAS DEVELOPED USING INFORMATION PROVIDED BY THE CLIENT. ALL DIMENSIONS, OBSTRUCTIONS, AND OTHER RELEVANT DATA SHALL BE FIELD VERIFIED. 4. ARRAY SIZES AND CLEARANCES DEVELOPED TO MEET OR EXCEED THE SOLAR PHOTOVOLTAIC INSTALLATION GUIDELINE, FINAL DRAFT, PUBLISHED BY CAL FIRE, DATED APRIL 22, 2008. N MODULE AZIMUTH = 0°SCALE: 1" = 30' 30'15'0' ARRAY SUMMARY MODULE COUNT:340 SPARE MODULES: 2 MODULE W DC:305W TILT°:7 AZIMUTH°:0 kW DC STC:103.7 kW CEC AC:84 ANNUAL OUTPUT kWh: 161,500 KWH SHEET NO.SHEET TITLE REV.DESCRIPTION DATE JOB NO. DRAWN BY:CHECKED BY: PROJECT TITLE 12-1-10664-81 AT XX PROJECT OWNER 1132 NORTH SEVENTH STREET, SAN JOSE CA, 95112 | www.cei.com/energy © 2014 CUPERTINO ELECTRIC, INC. REPRODUCTION OR TRANSFER OF THIS DOCUMENT, IN PART OR WHOLE, IS PROHIBITED WITHOUT WRITTEN PERMISSION FROM CUPERTINO ELECTRIC, INC. ATTACHMENT B 115 Prepared For: City of Cupertino Solar Site Financial Analysis 8/26/2014 Site Information and Assumptions Recommended System Size (kW-DC)70.0 Yield (kWh/kW)1,558 Year 1 Solar Output (kWh)109,066 Annual Onsite Energy Usage (kWh)130,560 Energy Offset by Solar 84% Annual PV degradation 0.50% Utility Rate Schedule A-6 TOU Proposed Rate Schedule A-6 TOU Average Utility Cost ($/kWh)$0.2069 Utility Annual Escalation Assumption 4.0% Analysis Cycle 25 yrs General Financial Inputs Discount Rate Assumption 3.0%0.3447$ Solar Rebate ($/kWh) (Direct Purchase)$0.0880 0.1275$ Solar Rebate Term (Years)5 0.2093$ Direct Purchase Information Cost ($/W-DC)$4.11 Utility Energy Purchase (25 years) Engineering, Procurement, and Construction (w/ 15% PM)$330,855 Direct Purchase (25 years, incl O&M) Year 1 O&M $2,100 PPA (25 years) O&M Annual Escalator 2.5% Power Purchase Agreement (PPA) Information Annual CO2 Reduction (tons)78 Initial PPA rate ($/kWh)$0.1950 Annual Vehicle Miles Traveled Reduction Equivalent (miles)179,697 PPA escalator 2.5%Annual Carbon Sequestration Equivalent (acres)64 Corporation Yard - Meter 1 Financial Analysis Summary Energy Savings Summary By Term (Discounted) Year Cost of PG&E Cost of Purchase Cost of PPA 15-Year 433,981$ 330,354$ 297,973$ 20-Year 593,192$ 340,020$ 387,881$ 25-Year 760,284$ 369,236$ 474,974$ 25 year Savings/Cost 391,048$ 285,309$ % Savings Energy w/ Purchase Energy w/ PPA 10-Year 5.4%28.2% 15-Year 36.8%32.1% 20-Year 55.5%35.8% 25-Year 63.0%39.3% Payback Year =11 1 Levelized Cost of Energy (LCOE) Utility LCOE (25 years) ($/kWh) Direct Purchase LCOE (25 years) ($/kWh) 474,974$ Environmental Impact PPA LCOE (25 years) ($/kWh) Net Present Value (NPV) of Energy Cost 760,284$ 369,236$ $0.345 $0.128 $0.209 0 0.05 0.1 0.15 0.2 0.25 0.3 0.35 0.4 PG&E LCOE Direct Purchase LCOE PPA LCOE LC O E ( $ / k W h ) Levelized Cost Of Electricity (LCOE) Analysis (25 years) $391,048 $285,309 $400,000 $300,000 $200,000 $100,000 $0 $100,000 $200,000 $300,000 $400,000 $500,000 1 3 5 7 9 11 13 15 17 19 21 23 25 Year Cumulative Energy Savings Comparison (Discounted) Energy w/ Purchase Energy w/ PPA 0 2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 kW h Electricity Usage vs Solar Production Usage - Peak Usage - Part Usage - Off PV Prod - Peak PV Prod - Part PV Prod - Off (c) Optony Inc. 2013 1ATTACHMENT C 116 Prepared For: City of Cupertino Solar Site Financial Analysis 8/26/2014 Site Information and Assumptions Recommended System Size (kW-DC)20.0 Yield (kWh/kW)1,558 Year 1 Solar Output (kWh)31,162 Annual Onsite Energy Usage (kWh)41,757 Energy Offset by Solar 75% Annual PV degradation 0.50% Utility Rate Schedule A-6 TOU Proposed Rate Schedule A-6 TOU Average Utility Cost ($/kWh)$0.1887 Utility Annual Escalation Assumption 4.0% Analysis Cycle 25 yrs General Financial Inputs Discount Rate Assumption 3.0%0.3144$ Solar Rebate ($/kWh) (Direct Purchase)$0.0880 0.1162$ Solar Rebate Term (Years)5 0.1877$ Direct Purchase Information Cost ($/W-DC)$4.11 Utility Energy Purchase (25 years) Engineering, Procurement, and Construction (w/ 15% PM)$94,530 Direct Purchase (25 years, incl O&M) Year 1 O&M $600 PPA (25 years) O&M Annual Escalator 2.5% Power Purchase Agreement (PPA) Information Annual CO2 Reduction (tons)22 Initial PPA rate ($/kWh)$0.1950 Annual Vehicle Miles Traveled Reduction Equivalent (miles)51,342 PPA escalator 2.5%Annual Carbon Sequestration Equivalent (acres)18 Corporation Yard - Meter 2 Financial Analysis Summary Energy Savings Summary By Term (Discounted) Year Cost of PG&E Cost of Purchase Cost of PPA 15-Year 126,583$ 94,387$ 83,600$ 20-Year 173,021$ 97,413$ 109,552$ 25-Year 221,758$ 106,746$ 135,421$ 25 year Savings/Cost 115,012$ 86,337$ % Savings Energy w/ Purchase Energy w/ PPA 10-Year 7.3%31.4% 15-Year 38.1%34.4% 20-Year 56.2%37.6% 25-Year 63.0%40.3% Payback Year =11 1 Levelized Cost of Energy (LCOE) Utility LCOE (25 years) ($/kWh) Direct Purchase LCOE (25 years) ($/kWh) 135,421$ Environmental Impact PPA LCOE (25 years) ($/kWh) Net Present Value (NPV) of Energy Cost 221,758$ 106,746$ $0.314 $0.116 $0.188 0 0.05 0.1 0.15 0.2 0.25 0.3 0.35 PG&E LCOE Direct Purchase LCOE PPA LCOE LC O E ( $ / k W h ) Levelized Cost Of Electricity (LCOE) Analysis (25 years) $115,012 $86,337 $100,000 $50,000 $0 $50,000 $100,000 $150,000 1 3 5 7 9 11 13 15 17 19 21 23 25 Year Cumulative Energy Savings Comparison (Discounted) Energy w/ Purchase Energy w/ PPA 0 1,000 2,000 3,000 4,000 5,000 6,000 kW h Electricity Usage vs Solar Production Usage - Peak Usage - Part Usage - Off PV Prod - Peak PV Prod - Part PV Prod - Off (c) Optony Inc. 2013 2ATTACHMENT C 117 Prepared For: City of Cupertino Solar Site Financial Analysis 8/26/2014 Site Information and Assumptions Recommended System Size (kW-DC)13.7 Yield (kWh/kW)1,558 Year 1 Solar Output (kWh)21,346 Annual Onsite Energy Usage (kWh)29,855 Energy Offset by Solar 71% Annual PV degradation 0.50% Utility Rate Schedule A-1 TOU Proposed Rate Schedule A-6 TOU Average Utility Cost ($/kWh)$0.1896 Utility Annual Escalation Assumption 4.0% Analysis Cycle 25 yrs General Financial Inputs Discount Rate Assumption 3.0%0.3159$ Solar Rebate ($/kWh) (Direct Purchase)$0.0880 0.1083$ Solar Rebate Term (Years)5 0.1783$ Direct Purchase Information Cost ($/W-DC)$4.11 Utility Energy Purchase (25 years) Engineering, Procurement, and Construction (w/ 15% PM)$64,753 Direct Purchase (25 years, incl O&M) Year 1 O&M $411 PPA (25 years) O&M Annual Escalator 2.5% Power Purchase Agreement (PPA) Information Annual CO2 Reduction (tons)15 Initial PPA rate ($/kWh)$0.1950 Annual Vehicle Miles Traveled Reduction Equivalent (miles)35,169 PPA escalator 2.5%Annual Carbon Sequestration Equivalent (acres)13 Don Burnett Bridge Financial Analysis Summary Energy Savings Summary By Term (Discounted) Year Cost of PG&E Cost of Purchase Cost of PPA 15-Year 90,948$ 64,655$ 58,318$ 20-Year 124,313$ 66,547$ 75,914$ 25-Year 159,330$ 71,968$ 92,662$ 25 year Savings/Cost 87,363$ 66,668$ % Savings Energy w/ Purchase Energy w/ PPA 10-Year 11.6%33.0% 15-Year 41.0%36.6% 20-Year 58.4%40.1% 25-Year 65.7%43.5% Payback Year =11 1 Levelized Cost of Energy (LCOE) Utility LCOE (25 years) ($/kWh) Direct Purchase LCOE (25 years) ($/kWh) 92,662$ Environmental Impact PPA LCOE (25 years) ($/kWh) Net Present Value (NPV) of Energy Cost 159,330$ 71,968$ $0.316 $0.108 $0.178 0 0.05 0.1 0.15 0.2 0.25 0.3 0.35 PG&E LCOE Direct Purchase LCOE PPA LCOE LC O E ( $ / k W h ) Levelized Cost Of Electricity (LCOE) Analysis (25 years) $87,363 $66,668 $80,000 $60,000 $40,000 $20,000 $0 $20,000 $40,000 $60,000 $80,000 $100,000 1 3 5 7 9 11 13 15 17 19 21 23 25 Year Cumulative Energy Savings Comparison (Discounted) Energy w/ Purchase Energy w/ PPA 0 500 1,000 1,500 2,000 2,500 3,000 3,500 kW h Electricity Usage vs Solar Production Usage - Peak Usage - Part Usage - Off PV Prod - Peak PV Prod - Part PV Prod - Off (c) Optony Inc. 2013 3ATTACHMENT C 118 1 RESOLUTION NO. 14‐___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING FINDINGS NECESSARY TO AUTHORIZE THE SERVICE CENTER SOLAR PROJECT, AN ENERGY SERVICE CONTRACT FOR A SOLAR POWER SYSTEM AT THE CITY OF CUPERTINO’S SERVICE CENTER WHEREAS, on January 14, 2014 Cupertino Electric Inc. submitted a proposal in response to the Regional Renewable Energy Procurement (R‐RFP), which included the Service Center Solar Project (the Project), a Solar Power System installation at the City of Cupertino’s Service Center; and WHEREAS, the submitted proposal for the cost of design and installation of the Project has been negotiated to not to exceed $490,207.00 (construction cost plus 15% contingency); and WHEREAS, the City has received a $64,039.00 incentive reservation from PG&E California Solar Initiative (CSI) to be applied to the Project; and WHEREAS, California Government Code Section 4217.12, authorizes public agencies, including the City of Cupertino, to enter into an energy service contract when anticipated cost of the conservation services provided by an energy conservation facility will be less than the anticipated marginal cost of energy that would have been consumed in the absence of the project; NOW, THEREFORE, BE IT RESOLVED that: The City Council makes the following findings: 1. The new photovoltaic system at the City of Cupertino Service Center is an “Energy conservation facility” as that term is defined in Government Code section 4217.11(e). 2. The Solar Power System Project includes the acquisition, design, construction and installation of equipment that reduces energy use or makes for a more efficient use of energy and thereby qualifies as “conservation measures” as that term is defined in Government Code section 4217.11(c). 3. The construction and installation of the Solar Power System Project, which will generate energy savings, are “conservation services” as that term is defined in Government Code section 4217.11(d). ATTACHMENT D 119 2 4. The proposed contract between the City and Cupertino Electric Inc., for the design, construction and installation of the Solar Power System Project conservation measures, qualifies as an “energy service contract” as that term is defined in Government Code section 4217.11(f). 5. Over its 25 year expected life span, the total cost of the Solar Power System at the City’s Service Center will be less than the anticipated $1,688,869 cost of electricity that would have been consumed by the Service Center in the absence of this system. 6. The terms of the award of the contact to Cupertino Electric Inc. for the design, construction, and installation of the Service Center Solar Project is in the best interest of the City of Cupertino. 7. The City Manager is authorized to negotiate and execute the Energy Services Contract, which includes a performance guaranty, and the Operations and Maintenance Agreement with Cupertino Electric Inc. The City Manager is further authorized to finalize all required documents within the financial terms described, including the bond for completion by the Contractor, after having said documents reviewed and approved by City Attorney. PASSED AND ADOPTED by the City Council of the City of Cupertino, this 2nd day of September, 2014, by the following vote: Vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Grace Schmidt, City Clerk Gilbert Wong, Mayor, City of Cupertino 120 Project No. 2014-03 City of Cupertino 00520 - 1 Energy Service Contract Service Center Solar Project Cupertino Electric Inc. DOCUMENT 00520 ENERGY SERVICES CONTRACT – (STIPULATED SUM) CITY OF CUPERTINO AND CUPERTINO ELECTRIC INC. THIS AGREEMENT IS MADE AND ENTERED INTO THIS __ day of September, 2014, by and between the City of Cupertino (“City”) and Cupertino Electric Inc., a California corporation (“Contractor"). WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other, as follows: 1. The Work: Contractor agrees to furnish all oversight, design and engineering, tools, equipment, apparatus, facilities, labor, and materials necessary to perform and complete in a good and workmanlike manner, the work of Service Center Solar Project (“Project” or “Contract” or “Work”); Project No. 2014-03 for which the contract documents are approved by the signature of the parties to this Agreement. It is understood and agreed that the Work shall be performed and completed as required in the Contract Documents, including, without limitation, Contractor shall prepare the Drawings and Specifications under the direction and supervision of, and subject to, the approval of the City or its authorized representative, and install and commission the approved solar system and carport 2. The Contract Documents: The complete Contract consists of all Contract Documents as defined in the General Conditions and incorporated herein by this reference. Any and all obligations of the City and Contractor are fully set forth and described in the Contract Documents. All Contract Documents are intended to cooperate and be collectively incorporated so that any Work called for in one document and not mentioned in the other document or vice versa would be executed the same as if mentioned in all Contract Documents. Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00510 Notice of Award Document 00520 Contract Document 00530 Insurance Forms Document 00550 Notice to Proceed Document 00610 Construction Performance Bond Document 00620 Construction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention Document 00700 General Conditions Document 00800 Special Conditions Document 00820 Special Environmental Conditions Document 00821 Insurance ATTACHMENT E 121 Project No. 2014-03 City of Cupertino 00520 - 2 Energy Service Contract Service Center Solar Project Cupertino Electric Inc. Document 00822 Apprenticeship Program Technical Specification/Special Provisions – Exhibit D.1: Solar PV Specification and Requirements dated Sept. 18, 2013 Addenda(s) Drawings/Plans Guarantee/Warranty Grid-Connected System: Simulation Parameters There are no Contract Documents other than those listed in this Document 00520. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Conditions). 3. Interpretation of Contract Documents: Should any questions or issues arise concerning the intent or meaning of the Contract Documents, including the Drawings or Specifications, the question shall be submitted to the City for interpretation. If a conflict exists in the Contract Documents, Document 00700 General Conditions Section 1 Interpretation of Contract shall apply. In no case shall a document calling for lower quality and/or quantity material or workmanship control. The City’s decision in the matter shall be final. Contractor reserves the right to utilize Section 9 of the General Conditions (Document 00700) in response to the City’s decision. 4. Time For Completion: It is hereby understood and agreed that the Work under this contract shall achieve Final Completion within “Number of Days” (TBD) consecutive calendar days (“Contract Time”) from the date specified in the City’s Notice to Proceed. 5. Completion-Extension Of Time: To the extent of its fault or negligence or due to causes within its reasonable control, should the Contractor fail to perform its obligations under this Contract, including the Work provided herein, within the time fixed for completion, due allowance being made for the contingencies provided for herein, the Contractor shall become liable to the City for all reasonable and actual loss and damage that the City suffers as a result of the failure to perform. The Contractor shall coordinate its work with the work of all other contractors it is liable for, and cooperate in the coordination with other contractors in which the City has privity. City shall not be liable for delays resulting from Contractor's failure to coordinate its Work with other contractors in a manner that will allow timely completion of Contractor's Work. Contractor shall be liable for delays to other contractors caused by Contractor's failure to coordinate its Work with the work of other contractors for which it is liable. 6. Liquidated Damages: Time is of the essence for all work under this Agreement. It is hereby understood and agreed that it is and will be difficult and/or impossible to ascertain and determine the actual damage that will sustain in the event of and by reason of Contractor's delay. Therefore, Contractor agrees that it shall pay to the City the sum of Five Hundred Dollars ($500.00) per day as liquidated damages for each and every day of delay beyond the time herein prescribed for Final Completion of the Work due to Contractor’s fault or negligence for causes within reasonable Contractor’s control. It is hereby understood and agreed that this amount is not a penalty. 122 Project No. 2014-03 City of Cupertino 00520 - 3 Energy Service Contract Service Center Solar Project Cupertino Electric Inc. In the event any portion of the liquidated damages is not paid to City, City may deduct that amount from any money due or that may become due the Contractor under this Contract. City’s right to assess liquidated damages is as indicated herein and in the General Conditions. The time during which the Contract is delayed for cause as hereinafter specified may extend the time of completion for a reasonable time as City may grant. This provision does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. 7. Loss Or Damage: City and its authorized representatives shall not in any way or manner be answerable or liable for any loss, damage, or expenses that may happen to the Work, or any part thereof, or in or about the same during its construction and before acceptance. The Contractor shall assume all liabilities of every kind or nature arising from the Work, either by accident, negligence, theft, vandalism, or any cause whatever, and shall hold City and its authorized representatives harmless from all liability of every kind and nature arising from accident, negligence, or any cause whatever, provided however, Contractor shall not be required to remedy any loss or damage to its work due to causes beyond its reasonable control. 8. Insurance and Bonds: Contractor shall provide all required certificates of insurance, including payment and performance bonds as evidence thereof. 9. Prosecution of Work: If the Contractor should neglect to prosecute the Work properly or fail to perform any provisions of this Contract due to Contractor’s fault or negligence or causes within its reasonable control, City, may, pursuant to the General Conditions and without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due to the Contractor. 10. Authority of Project Manager: Contractor hereby acknowledges that the Project Manager has authority to approve and/or stop Work if the Contractor’s Work does not comply with the requirements of the Contract Documents and all applicable laws. The Contractor shall be liable for any delay caused by its non-compliant Work. 11. Assignment of Contract: Neither the Contract, nor any part thereof, along with any moneys due or to become due thereunder, may be assigned by the Contractor without the written approval of the City, nor without the written consent of the Surety on the Contractor's Performance Bond ("Surety"), unless the Surety has waived in writing its right to notice of assignment. 12. Classification Of Contractor’s License: Contractor hereby acknowledges that it currently holds valid Type (A, C10, or C46) Contractor's license(s) issued by the State of California, Contractor's State Licensing Board, in accordance with Division 3, Chapter 9, of the Business and Professions Code and in the classification called for in the Contract Documents. 123 Project No. 2014-03 City of Cupertino 00520 - 4 Energy Service Contract Service Center Solar Project Cupertino Electric Inc. 14. Payment of Prevailing Wages: The Contractor and all Subcontractors under the Contractor shall pay all employees on all Work performed pursuant to this Contract not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the Department of Industrial Relations of the State of California, for the type of work performed and the locality in which the work is to be performed within the boundaries of City, pursuant to sections 1770 et seq. of the California Labor Code. 15. Contract Price: In consideration of the foregoing covenants, promises, and agreements on the part of the Contractor, and the strict and literal fulfillment of each and every covenant, promise, and agreement, and as compensation agreed upon for the Work and construction, erection, and completion as aforesaid, City covenants, promises, and agrees that it will pay and cause to be paid to the Contractor in full the following Contract Price and compensation for construction, erection, and completion of the Work hereinabove agreed to be performed by the Contractor: Four Hundred Twenty Six Thousand Two Hundred and Seven Dollars and no Cents ($ 426,207.00) in lawful money of the United States, which sum is to be paid according to the schedule provided by the Contractor and accepted by City and subject to additions and deductions as provided in the Contract. This amount supersedes any previously stated and/or agreed to amount(s). 16. Severability: If any term, covenant, condition, or provision in any of the Contract Documents is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions in the Contract Documents shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 124 Project No. 2014-03 City of Cupertino 00520 - 5 Energy Service Contract Service Center Solar Project Cupertino Electric Inc. P.O. _____________ IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. SERVICE CENTER SOLAR PROJECT CITY: CONTRACTOR: CITY OF CUPERTINO, a Municipal Corporation of the State of California CUPERTINO ELECTRIC INC. By: [Signature] Attest: [Please print name here] City Clerk: Grace Schmidt Approved as to form by City Attorney: Title: ______________________________________________ [If Corporation: Chairman , President, or Vice President] City Attorney: Carol Korade By: I hereby certify, under penalty of perjury, that David Brandt, City Manager of the City of Cupertino was duly authorized to execute this document on behalf of the City of Cupertino. [Signature] [Please print name here] Title: [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] Dated: _____________________________ David Brandt, City Manager of the City of Cupertino, a Municipal Corporation of the State of California ________________________________________________ State Contractor’s License No. Classification ________________________________________________ Expiration Date Designated Representative: Taxpayer ID No._________________________________ Name: Timm Borden Name: Title: Director of Public Works Title: Address: 10300 Torre Ave., Cupertino, CA 95014 Address: 1132 North Seventh Street, San Jose, CA 95112 Phone: 408-777-3354 Phone: 408-808-8000 Facsimile: 408-777-3333 Facsimile: 408-275-8575 AMOUNT: $426,207.00 ACCOUNT NUMBER:420-9270-9300 FILE NO.: 92,004.10 NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED END OF DOCUMENT 125 Page 1 of 14 Operation and Maintenance Agreement Service Center Solar Project Cupertino Electric Inc. AGREEMENT BETWEEN THE CITY OF CUPERTINO AND CUPERTINO ELECTRIC INC. FOR THE OPERATION AND MAINTENANCE OF THE CITY OF CUPERTINO’S SERVICE CENTER SOLAR PROJECT THIS AGREEMENT, for reference dated___________, 20_, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as ʺCityʺ), and CUPERTINO ELECTRIC INC., A California corporation, whose address is 1132 North Seventh Street, San Jose, CA 95112 (hereinafter referred to as “Contractor”), and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Contractor is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Contractor desire to enter into an agreement for the Operation and Maintenance of the City of Cupertino’s Service Center Solar Project upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this agreement shall be ten (10) year from the start date of the ATTACHMENT F 126 Page 2 of 14 Operation and Maintenance Agreement Service Center Solar Project Cupertino Electric Inc. agreement. The City shall retain the option to extend the term of the agreement for two (2) additional five (5) year terms, for a possible total of twenty (20) years. The agreement will start when the construction and commissioning of the system is complete and Final Acceptance by the City, then a Notice to Proceed for the agreement will be issued. The date in the Notice to Proceed shall be the annual renewal date. Any extension shall be accomplished by the City providing a written notice of extension to CONTRACTOR at least 30 days prior to expiration of the term. Any extension shall contain the same provisions as the original contract. 2. SERVICES TO BE PERFORMED: Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with Document 00700 General Conditions, Document 00800 Special Conditions and Technical Provisions are hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. 3. COMPENSATION TO CONTRACTOR: Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit “A”, title Compensation, which is attached hereto and incorporated herein by this reference. For the performance of the services described herein by Contractor, City shall pay Contractor yearly within 30 calendar days of the start date and the subsequent annual renewal dates, less any deductions for liquidated damages, payable upon submission by Contractor invoice; provided, however, that the total sum payable to Contractor shall not exceed Thirty Four Thousand Eight Hundred Fifty Three Dollars and Seventy Two Cents ($ 34,853.72) for the original ten‐ year term of the contract. Any extensions of this agreement shall be at the rates set forth in Exhibit “A”. 4. LIQUIDATED DAMAGES It is agreed by the parties to the Agreement that in case all the work called for under the Agreement is not completed before or upon the expiration of the time limit as set forth in the Technical Provision, damage will be sustained by the City, and that it is and will be impracticable to determine the actual damage which the City will sustain in ATTACHMENT F - DRAFT OPERATION & MAINTENANCE AGREEMENT 127 Page 3 of 14 Operation and Maintenance Agreement Service Center Solar Project Cupertino Electric Inc. the event of and by reason of such delay. It is therefore agreed that the Contractor will pay to the City the sum of One Hundred Dollars ($100.00) per day for each and every dayʹs delay beyond the time prescribed to complete the work; and the Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due the Contractor under the Agreement. This does not relieve the Contractor from his responsibility of completing the required services that were not completed as scheduled. Any service not completed as scheduled shall be completed as soon as possible and at the Contractor’s expense. It is further agreed that in case the work called for under the Agreement is not finished and completed in all parts and requirements within the time specified, the City shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if it decides to extend the time limit for the completion of the Agreement, it shall further have the right to charge the Contractor, his or her heirs, assigns, or sureties, and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual costs and overhead expenses which are directly chargeable to the Agreement, and which accrue during the period of such extensions. The Contractor shall not be assessed with liquidated damages during any delay in the completion of the work caused by an act of God or of the public enemy, acts of the City, fire, flood, epidemic, quarantine restriction, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes beyond Contractor’s reasonable control; provided that the Contractor shall, within one (1) day from the Contractor’s discovery and knowledge of such delay, notify the City in writing of the causes of delay. The City shall ascertain the facts and the extent of the delay, and its findings of the facts thereon shall be final and conclusive. 5. STANDARD OF CARE: Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Contractor intend that the relationship between them created by this ATTACHMENT F - DRAFT OPERATION & MAINTENANCE AGREEMENT 128 Page 4 of 14 Operation and Maintenance Agreement Service Center Solar Project Cupertino Electric Inc. Agreement is that of employer‐independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractorʹs services. None of the benefits provided by City to its employees, including but not limited to unemployment insurance, workersʹ compensation plans, vacation and sick leave are available from City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer‐employee relationship from any fees due Contractor. Payments of the above items, if required, are the responsibility of Contractor. 7. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor. 8. NON‐DISCRIMINATION: Consistent with Cityʹs policy that harassment and discrimination are unacceptable employer/employee conduct, Contractor agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Contractor or Contractorʹs employee on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Contractor agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS: Contractor shall, to the fullest extent allowed by law, indemnify, and when the City requests with respect to a claim provide defense of, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to ATTACHMENT F - DRAFT OPERATION & MAINTENANCE AGREEMENT 129 Page 5 of 14 Operation and Maintenance Agreement Service Center Solar Project Cupertino Electric Inc. property or other liability of any nature, to the extent arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor’s employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys’ fees of counsel, expert fees and all other costs and fees of litigation. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in these sections from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this agreement. If Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. With respect to third party claims against Contractor, Contractor waives any and all rights to any type of express or implied indemnity against City, and each of their officers, employees, consultants and agents, including, but not limited to, the Council, City representative, except to the extent the City is found liable for a claim. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its Subcontractors of any tier, or the officers or agents of any of them. To the furthest extent permitted by law (including, without limitation, Civil Code Section 2782), the indemnities, releases of liability and limitations of liability, and limitations of remedy expressed throughout the Contract Documents shall apply even in the event of breach of contract, negligence (active or passive), fault or strict liability of the party[s] indemnified, released, or limited in liability, and shall survive the termination, rescission, breach, or completion of the Contract Documents. If Contractor fails to perform any of these defense or indemnity obligations, City may in its discretion back charge Contractor for its costs and damages resulting there from and withhold such sums from progress payments or other contract monies which may become due. ATTACHMENT F - DRAFT OPERATION & MAINTENANCE AGREEMENT 130 Page 6 of 14 Operation and Maintenance Agreement Service Center Solar Project Cupertino Electric Inc. 10. INSURANCE: On or before the commencement of the terms of this Agreement, Contractor shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 10A, B, C and D. Such certificates, which do not limit Contractorʹs indemnification, shall also contain substantially the following statement: ʺShould any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) daysʹ advance written notice to the City of Cupertino by certified mail, ʺAttention: City Manager.ʺ It is agreed that Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Contractor shall maintain the following insurance coverage: (1) Workersʹ Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $2,000,000 each occurrence $4,000,000 aggregate ‐ all other Property Damage: $500,000 each occurrence $1,000,000 aggregate If submitted, combined single limit policy with $2,000,000 per occurrence; aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: ATTACHMENT F - DRAFT OPERATION & MAINTENANCE AGREEMENT 131 Page 7 of 14 Operation and Maintenance Agreement Service Center Solar Project Cupertino Electric Inc. Bodily injury: $500,000 each occurrence Property Damage: $500,000 each occurrence or Combined Single Limit: $1,000,000 each occurrence B. SUBROGATION WAIVER: Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Contractorʹs name or as an agent of the Contractor and shall be compensated by the Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees, and volunteers shall be named as an additional insured under all insurance coverages, except worker’s compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractorʹs insurance broker to determine adequate coverage for Contractor. ATTACHMENT F - DRAFT OPERATION & MAINTENANCE AGREEMENT 132 Page 8 of 14 Operation and Maintenance Agreement Service Center Solar Project Cupertino Electric Inc. 11. BONDS: Notwithstanding section 2.2 of Doc. 00700 General Conditions, Bonds are not required for this Agreement. 12. PROHIBITION AGAINST TRANSFERS: Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Contractor from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Contractor. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 13. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names are listed in Contractorʹs bid shall be used in the performance of this Agreement. Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subcontractorʹs services. Approval of the subcontractor may, at the option of City, be issued in the form of a Work Order. In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workersʹ compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. ATTACHMENT F - DRAFT OPERATION & MAINTENANCE AGREEMENT 133 Page 9 of 14 Operation and Maintenance Agreement Service Center Solar Project Cupertino Electric Inc. 14. PERMITS AND LICENSES: Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License, that may be required in connection with the performance of services hereunder. 15. REPORTS: Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement shall be the exclusive property of City. Contractor may retain a copy of any report furnished to the City pursuant to this Agreement. No report, information nor other data given to or prepared or assembled by Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by City. Contractor shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. 16. RECORDS: Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records as may be reasonable required for work performed to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by Cityʹs preliminary examination or audit of records, and the Cityʹs supplemental examination or audit of the records discloses a failure to adhere to ATTACHMENT F - DRAFT OPERATION & MAINTENANCE AGREEMENT 134 Page 10 of 14 Operation and Maintenance Agreement Service Center Solar Project Cupertino Electric Inc. appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 17. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Contractor to City shall be addressed to City at: City of Cupertino 10300 Torre Avenue Cupertino CA 95014 Attention: Katy Jensen All notices, demands, requests, or approvals from City to Contractor shall be addressed to Contractor at: Cupertino Electric Inc. 1132 North Seventh Street San Jose, CA 95112 Attention: _____________ 18. URBAN RUNOFF MANAGEMENT: The Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, contractor shall use as little as necessary. Contractor shall take all steps necessary to keep wash water out of the streets, gutters and storm drains. The Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains. Such control includes but is not limited to: A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season (October 15), in site de‐watering activities and saw‐cutting activities; shovel or vacuum saw‐cut slurry and remove from the site). B. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers. ATTACHMENT F - DRAFT OPERATION & MAINTENANCE AGREEMENT 135 Page 11 of 14 Operation and Maintenance Agreement Service Center Solar Project Cupertino Electric Inc. C. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location. D. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff. E. Contractor shall maintain a clean work area by removing trash, litter, and debris at the end of each work day. Contractor shall also clean up any leaks, drips, and other spills as they occur. The objective is to ensure that the City and County of Santa Clara County‐Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of construction, up‐graded as required, maintained during construction phases to provide adequate protection, and removed at the end of construction. These recommendations are intended to be used in conjunction with the States Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, Section 7.1.01 of the Standard Specifications and any other appropriate documents on storm water quality controls for construction. Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine for noncompliance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code ʹ13385. 19. TERMINATION: In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by Contractor from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Contractor written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) daysʹ prior written notice to Contractor as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid ATTACHMENT F - DRAFT OPERATION & MAINTENANCE AGREEMENT 136 Page 12 of 14 Operation and Maintenance Agreement Service Center Solar Project Cupertino Electric Inc. prior to the effective date of termination. 20. COMPLIANCES: Contractor shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 21. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 22. ADVERTISEMENT: Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 23. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. ATTACHMENT F - DRAFT OPERATION & MAINTENANCE AGREEMENT 137 Page 13 of 14 Operation and Maintenance Agreement Service Center Solar Project Cupertino Electric Inc. 24. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. 25. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 26. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. ATTACHMENT F - DRAFT OPERATION & MAINTENANCE AGREEMENT 138 Page 14 of 14 Operation and Maintenance Agreement Service Center Solar Project Cupertino Electric Inc. P.O. No.: _________________ IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CONTRACTOR CITY OF CUPERTINO Cupertino Electric Inc. A Municipal Corporation By By ___________________________ Timm Borden, Director of Public Works Name_______________________ Date __________________________ Title Date________________________ RECOMMENDED FOR APPROVAL: By ____________________________ Address: Title Cupertino Electric Inc. 1132 North Seventh Street San Jose, CA 95112 APPROVED AS TO FORM: By Carol Korade, City Attorney ATTEST: _________________________________ Grace Schmidt, City Clerk Contract Amount: $34,853.72 Account No. : 420‐9270‐9300 ATTACHMENT F - DRAFT OPERATION & MAINTENANCE AGREEMENT 139 City of Cupertino 10300 Torre Avenue Cupertino, California 95014 Notice of Exemption To: County Clerk County of Santa Clara 191 North First Street San Jose, CA 95113 Project Title: Service Center Solar Project Project Location – Specific: 10555 Mary Avenue, Cupertino Project Location – City: Cupertino Project Location – County Santa Clara Description of Project: Installation of Solar Power System at the City’s Service Center, installation to be carport style or roof mounted Name of Public Agency approving project: City of Cupertino Name of Person or Agency carrying out project: City of Cupertino Exempt Status: (check one) _ Ministerial (Sec. 21080(b)(1): 15268); _ Declared Emergency (Sec. 21080(b)(3); 15269(a)); _ Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); X Categorical Exemption. State type and section number: 15301 Class 1, 15303 Class 3, 15304 Class 4 and 15061 X Statutory Exemption. State code number: Public Resource Code Section 21080.35. Reasons why project is exempt: The installation and operation of a solar power system is exempt under CEQA, (Pub. Resource Code Sec. 21080.35) and under Class 1 -Existing Facilities, Class 3 - New Construction of Small Equipment, and under 15061 - No Significant Effect on the Environment. These systems have no air emissions associated with the equipment, result in no noticeable increase in noise, and are contiguous to other institutional structures. Lead Agency Contact Person: Katy Jensen; Telephone Number:408-777-3354 Signature: Date: Title: Dir.of Public Works ATTACHMENT G 140 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0286 Name: Status:Type:Ordinances and Action Items Agenda Ready File created:In control:6/25/2014 City Council On agenda:Final action:9/2/2014 Title:Subject: First Amendment of an Agreement between the City of Cupertino (City) and Recology Cupertino (Recology) for the Solid Waste Services Franchise Agreement. Sponsors: Indexes: Code sections: Attachments:Staff Report A - Table of Rate Comparisons with other Cities B – First Amendment to Franchise Agreement between the City of Cupertino and Recology Cupertino - C - First Amendment to Franchise Agreement between the City of Cupertino and Recology Cupertino - D - Existing Franchise Agreement E - CEQA Notice of Exemption Action ByDate Action ResultVer. City Council9/2/20141 Subject :FirstAmendmentofanAgreementbetweentheCityofCupertino(City)and Recology Cupertino (Recology) for the Solid Waste Services Franchise Agreement. ApprovetheFirstAmendmenttotheSolidWasteServicesFranchiseAgreementrequiring additionalcollectionservicesandexpansionoforganicprocessingserviceswithRecology.The amendmentwouldbeeffectiveNovember1,2014throughJanuary31,2019andincludesan optiontonegotiateanewten-yearagreementwithRecologythatcouldbeginasearlyas January 31, 2017, contingent upon Recology meeting First Amendment requirements. CITY OF CUPERTINO Printed on 8/27/2014Page 1 of 1 powered by Legistar™ 141 1 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: September 2, 2014 Subject First Amendment of an Agreement between the City of Cupertino (City) and Recology Cupertino (Recology) for the Solid Waste Services Franchise Agreement. Recommended Action Approve the First Amendment to the Solid Waste Services Franchise Agreement requiring additional collection services and expansion of organic processing services with Recology. The amendment would be effective November 1, 2014 through January 31, 2019 and includes an option to negotiate a new ten-year agreement with Recology that could begin as early as January 31, 2017, contingent upon Recology meeting First Amendment requirements. Description On May 18, 2010, Council approved a five-year solid waste services franchise agreement with Recology for the period of November 1, 2010 through October 31, 2015. Within the term of the current agreement, Cupertino residents and businesses served by Recology have achieved a 69% diversion goal as calculated using the formula developed by the California Department of Resources Recycling and Recovery (CalRecycle). The State of California mandates cities to divert a minimum of 50% of solid waste away from landfill. The comprehensive recycling, compost and household hazardous waste programs provided by Recology and used by residents and businesses have been successful at exceeding the 50% mandate. Recology services have consistently been rated high in community survey findings. In the 2012 Community Tracking Survey, residents reported the highest satisfaction with garbage collection and library services. In preparation for this amendment, staff solicited public comments in the “News” section of the city webpage regarding experiences with current Recology service and changes that ratepayers may like to see implemented in the future. The nearly 60 responses received to date have been overwhelmingly positive. Discussion The key components of this first amendment to the agreement are to provide Recology and staff more time to continue improvement of established programs and to develop 142 2 new or expanded programs. It is anticipated that the provisions of the amendment will achieve an overall minimum 75% diversion rate for all sectors by the end of 2015 and a minimum 60% commercial and multi-family sector diversion rate, which is currently 41%, by November 2016. Successful implementation of key components by Recology will allow the City to make progress on its goal regarding the reduction of garbage, while also providing ratepayers with some of the lowest costs in Santa Clara County (Attachment A). The amendment negotiated with Recology increases services provided to many ratepayers, recognizes developments in best practices that have occurred since 2010 and is flexible regarding best practices that may be developed in the near future. Changes provided in the amendment, primarily due to advances in the recovery of food waste and other compostables, affect commercial, multi-family and residential compost programs. Notable new composting features in the amendment direct Recology to: Cooperatively and proactively work with staff to develop programs to increase diversion, reduce contamination and provide all food service establishments (grocers, restaurants, hotels, high tech companies with large cafeterias, etc.) generating four cubic yards or more of total waste per week with bins and collection service for organics composting by January 2016. Add collection routes and increase the frequency, including the addition of Saturday collection, of organics as required at commercial and multi- family establishments at no additional cost to the ratepayer, except if overall service is increased. Limit future rate increase requests for residential and non-residential services so the cost of organics processing to the City incorporates efficiencies identified in City directed audits. Provide to all “Yard Waste Exempt” accounts a 20-gallon or 32-gallon compostable materials container for food waste at no additional charge. Offer four (instead of two) 1-hour back-yard composting classes per year for residents. All residents attending may request a free backyard composter. Offer four (instead of two) environmental recycling drop-off days per year. Submit additional reports with performance data. In addition to the enhanced organic collection detailed above, the amendment will require Recology, beginning in January 2015, to replace at least one diesel powered collection vehicle in the first month of each calendar year with a new compressed national gas collection vehicle. Also changed is the 2010 Franchise Agreement diversion 143 3 rate formula. The previous formula was applicable prior to CalRecycle establishing the current formula included in the amendment. Sustainability Impacts CalRecycle reports that of the nearly 35 million tons of waste that reach California’s landfills each year, approximately 80% could be recoverable through organics and construction and demolition debris collection programs. Though Cupertino is exceeding state mandates for waste diversion, approval of this amendment offers an opportunity to accelerate zero waste targets recommended by Council in the City’s forthcoming Climate Action Plan, which both align with AB32 goals and reflect of those adopted by adjacent jurisdictions. The requirements of the amendment and the option to negotiate a ten-year agreement will enable these services to continue to be brokered through the City’s GreenBiz, Green@Home and Green@School programs. These services and programs will engage the broader community in behavioral change opportunities that will further reduce consumption, heighten material reuse, and achieve greater emissions reductions. Specific to Council’s review of this proposed Amendment, the Environmental Resources/Sustainability Section of the City’s General Plan provides a roadmap of actionable policies for the City to mitigate the lifecycle impacts of waste management services in our community, ranging from the vehicle fuel and technology that collect materials, to the recovery facilities that source commodities to reintroduce to the market, to the landfill that warehouses materials that have reached the end of their useful life, and beyond. To achieve the goals of the sustainability element, it is necessary to have robust, comprehensive and effective waste management services, as well as a structured data collection and reporting structure. The proposed Amendment supports these new reporting requirements to ensure that both successes are being reported and identified issues are being addressed. CEQA Exemption Staff has determined that this action is exempt from the requirements of the CEQA in that it is not a project which has the potential for causing a significant effect on the environment and is a regulatory action as authorized by State law. This determination is pursuant to the provisions and requirements of the CEQA of 1970, together with related State CEQA Guidelines and Title 14 of the California Code of Regulations, Sections 15061(b)(3) and 15307. Fiscal Impact Since November 2010, Recology has not requested an increase in rates. Increases to rate payers have been limited by the franchise agreement to annual rate adjustments based 144 4 on the consumer price index only. The 2010 franchise agreement acknowledged that the cost of the commercial organics processing program was uncertain. Due to this remaining true today, this proposed amendment will not increase rates at this time. However, for every one ton of organics that is processed, Recology claims an expense of $68. This compares to an actual landfill disposal expense to the City of $43 per ton. As organic tonnage increases through the implementation of this amendment, costs to Recology are likely to increase as more organic tons are processed, while disposal costs to the City are likely to decrease as organics are diverted from the landfill. Recology has approximate organic processing cost information that may claim an additional reimbursable amount of up to $300,000 annually is required to support the actual cost of the organic processing program going into the future. To request a rate increase, Recology is required to submit a formal request and supportin g documentation for the City to evaluate. A City led audit establishing costs and revenues will be completed for year 2010 and 2014. This information will assist the City with any rate proposal that may be received by Recology through 2018 and in determining the terms of a potential ten-year agreement. The City retains the right to approve, disapprove or modify any rate proposal made by Recology. _____________________________________ Prepared by: Roger Lee, Assistant Director of Public Works Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A – Table of Rate Comparisons with other Cities B – First Amendment to Franchise Agreement between the City of Cupertino and Recology Cupertino - Redline Version C – First Amendment to Franchise Agreement between the City of Cupertino and Recology Cupertino - Clean Version D – Existing Franchise Agreement E – CEQA Notice of Exemption 145 Attachment A Table of Rate Comparisons September 2014 Residential Rate Comparison Monthly Rate (32-35 gallon container) City or Jurisdiction Name Los Gatos $23.29 Mountain View $23.30 Cupertino (as of Nov 1, 2014)$23.40 Campbell $23.97 Saratoga $25.18 Morgan Hill $26.27 Monte Sereno $28.05 Gilroy $28.66 San Jose $29.95 Los Altos $30.62 Milpitas $31.30 Palo Alto $31.64 Santa Clara $31.91 Sunnyvale $32.91 Los Altos Hills $37.96 146 Page 1 of 17 First Amendment to Recology Franchise Agreement August 26, 2014 FIRST AMENDMENT TO FRANCHISE AGREEMENT BETWEEN THE CITY OF CUPERTINO AND RECOLOGY CUPERTINO FOR COLLECTION AND PROCESSING OF RECYCLABLE AND COMPOSTABLE MATERIALS, AND THE COLLECTION AND DISPOSAL OF GARBAGE This First Amendment to the Franchise Agreement between the City of Cupertino and Recology Cupertino for Collection and Processing of Recyclable and Compostable Materials, and the Collection of Disposal of Garbage (“First Amendment”), for reference dated September 2, 2014, is by and between the CITY OF CUPERTINO, a municipal corporation ("CITY") and Recology Cupertino, a California corporation, (“Franchisee”), and is made with reference to the following: RECITALS: A. On May 18, 2010, a Franchise Agreement for Collection and Processing of Recyclable and Compostable Materials, and the Collection and Disposal of Garbage was entered into by and between CITY and Franchisee ("Agreement"). A.B. CITY and Franchisee desire to modify the Agreement as set forth in detail below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Article 2 –Term of Agreement, Sections 2.1 and 2.2 are modified and a new Section 2.3 is added to read as follows: 2.1 Term - The term of this Agreement shall be for five years, from 12:00 A.M. on November 1, 2010 to 11:59 P.M. on October 31, 2015, eight years and three months, from 12:00 A.M. on November 1, 2010 to 11:59 P.M. on January 31, 2019, inclusive, subject to Article 16 of this Agreement. 2.2 Option to Extend TermNegotiate New Agreement -- – Franchisee shall have the option to requestanextension of thisAgreementto negotiate a new ten year agreement for one five-year period if it has achieved a seventy- 147 Page 2 of 17 First Amendment to Recology Franchise Agreement August 26, 2014 five percent (75%) diversion rate for all materials collected by Franchisee under the terms of this Agreement before November 1, 2014. City, at its sole discretion, may choose to extend, or not extend, the Term of this Agreement, and shall notify Franchisee of its intent within sixty (60) days of notice from Franchisee. The basis for this diversion rate projection is provided as EXHIBIT H.that may begin as early as 12:00 A.M. on January 31, 2017 and end at 11:59 P.M. on January 31, 2027 if it has: 2.2.1 Achieved a sixty percent (60%) commercial and multi-family diversion rate by November 1, 2016 (as calculated in Exhibit H); and achieved a minimum seventy-five percent (75%) diversion rate under the terms of this Agreement for calendar year 2015, based on CalRecycle’s diversion rate equivalent (DRE) for both residential and commercial sectors (as calculated in Exhibit H). CalRecycle’s calculation of the City’s DRE for 2015 should be available by November 1, 2016, after submittal of the City’s annual report data in August 2016, and; 2.2.2 Cooperatively and proactively worked with City to develop programs to increase diversion, reduce contamination and provide all food service establishments (grocers, restaurants, hotels, high tech companies with large cafeterias etc.) generating four (4) cubic yards or more of total waste per week with bins and collection service for organics composting by January 1, 2016 and; 2.2.3 Cooperatively and proactively worked with City in connection with limited rate increase requests for residential and non- residential services so that the cost of organics processing to the City, subject to Article 12 of this Agreement, incorporates efficiencies identified in City directed and paid audits and; 2.2.4 Notified City of its intent to exercise this option in writing, on or before September 31, 2016. 2.3 City’s Right to Extend or Negotiate New Agreement - In response to Franchisee’s exercise of the above option, City, at its sole discretion, may choose to extend, or not extend, the Term of this Agreement, or 148 Page 3 of 17 First Amendment to Recology Franchise Agreement August 26, 2014 negotiate a new agreement, and shall notify Franchisee of its intent within sixty (60) days of the Franchisee’s request for an option to negotiate an extension or new agreement. 2. Article 4 –Collection Services, Sections 4.3.3, 4.4.2, 4.4.3, 4.4.5, 4.4.6., 4.4.7, 4.71, 4.8.1, 4.8.2, 4.8.3, 4.9.1, 4.9.2, 4.9.3, 4.11, and 4.17, are modified, and new Sections 4.4.4 and 4.5.6 are added to read as follows: 4.3.3 Recyclable Materials Overages (Residential) - Franchisee shall collect all Recyclable Materials properly prepared and set out for collection by the Service Recipient each week. In the event a Service Recipient has a greater quantity of Recyclable Materials than can be set out in the Recyclable Materials Containers provided pursuant to this Agreement, the Service Recipient may set out such Recyclable Materials overages in durable containers supplied by the Service Recipient which are labeled for recycling and placed next to the Recyclable Materials Containers. Service Recipient may set flattened and bundled cardboard boxes, which are too large to fit in the Recyclable Materials Container, next to the container, provided they do not exceed 3 feet by 3 feet and are securely tied together. Franchisee shall collect such cardboard boxes Recyclable Materials Overages on the same time asday Franchisee collects Recyclable Materials from the Service Recipient. Franchisee shall have no obligation to collect Recyclable Materials Overages where Recyclable Materials are not set out in Recyclable Materials Containers, or if cardboard boxes are not set out as provided above or other durable containers, or where the combined weight of the Recyclable Materials and cardboard container exceeds sixty (60) pounds. At no additional charge and pursuant to Section 4.3.2, Franchisee shall provide a sufficient number of additional Recyclable Materials Containers to Service Recipients to accommodate all recyclables regularly generated. If Service Recipients regularly generate more Recyclable Materials than will fit in their Recyclable Materials Containers, Franchisee 149 Page 4 of 17 First Amendment to Recology Franchise Agreement August 26, 2014 will contact Service Recipient within two (2) working days of the observation Service Recipients who regularly generate more materials than will fit in their current Container may to encourage Service Recipients to request additional containers. Franchisee will contact City within two (2) working days if Service Recipient declines an additional Recyclable Materials Container. Franchisee shall deliver to Service Recipient or City requested aadditional Recyclable Materials Containers within five (5) Working Days of the request. from the date of the request., unless Franchisee believes that the Service Recipient does not regularly generate Recyclable Materials Overages, in which case Franchisee shall notify the City and Service Recipientthat the additional container delivery will be delayed, and record the amount of Recyclable Materials set out by such Service Recipient each week for the next month. Franchisee shall only be required to deliver an additional Recyclable Materials Container to such Service Recipient if such record indicates that the Service requires it. Franchisee shall provide (pursuant to Section 4.3.2) a sufficient number of additional Recyclable Materials Containers to accommodate all recyclables regularly generated, at no additional charge. 4.4.2 Compostable Materials Containers (Residential) – Franchisee shall provide a new or refurbished Compostable Materials Container at no additional charge to each Residential Service Recipient that does not already have one. at the beginning of the Agreement.These Compostable Materials Containers shall be delivered by Franchisee within seven five (75) working days of Request by the Residential Service Recipient. Compostable Materials Containers removed by the Franchisee by mistake, for repair and replacement, or cleaning shall be replaced by Franchisee within five (5) working days of their removal. Franchisee shall provide to all “Yard Waste Exempt” accounts either a 20-gallon or 32-gallon Compostable Materials Container at no additional charge to the Service Recipient. By November 2014, Franchisee will place graphics-based organic/food scrap stickers on all residential organic carts to promote diversion of compostable material. 150 Page 5 of 17 First Amendment to Recology Franchise Agreement August 26, 2014 Compostable Materials Containers provided by Franchisee shall be labeled for “Compost” and “Property of the City of Cupertino” and shall not be marked with the Franchisee’s name or logo. All Compostable Materials Containers provided by Franchisee to Residential Service Recipients pursuant to this Agreement shall become the property of the City at the termination of this Agreement. Compostable Materials shall be collected from Franchisee supplied Compostable Materials Containers. , or other durable containers provided by the Residential Service Recipient. If other containers are used, the The combined weight of the container and the Compostable Materials shall not exceed sixty (60)one hundred fifty (150) pounds. Compostable Materials Containers must be placed for collection adjacent to the Recyclable or Garbage Containers by the Residential Service Recipient. To promote maximum diversion, Franchisee shall deliver additional Compostable Materials Containers within five (5) Working Days from the date of the Residential Service Recipient’s or the City’s request, unless Franchisee believes that the Service Recipient does not regularly generate Compostable Materials Overages, in which case Franchisee shall notify the City and the Service Recipient that the additional container delivery will be delayed, and record the amount of Compostable Materials set out by such Service Recipienteach week for the next month, and shall only be required to deliver an additional Compostable Materials Container to such Service Recipient if such record indicates that the Service Recipient requires it. At no additional charge and pursuant to this Section, 4.4.2, Franchisee shall provide (pursuant to this Section, 4.43.2)a sufficient number of additional Compostable Materials Containers to accommodate all recyclables compostable materials regularly generated. , at no additional charge. 4.4.3 Non-Collection - Franchisee shall not be required to collect any Compostable Materials that are contaminated by non-Compostable Materials; not set out on a public street or other accessible location, subscribed for;not set out in accordance with the Municipal Code,; or are not set outin conformance with Section 4.4.2 of this Agreement. If the Compostable Materials are too contaminated to process, Franchisee shall 151 Page 6 of 17 First Amendment to Recology Franchise Agreement August 26, 2014 leave a Non-Collection Notice (NCN)Contamination Notice and collect the material as Garbage. , and not collect the Compostable Materials.No collected Compostable Materials loads may be rejected at the compost processing facility because of contamination. Loads collected as Compostable Materials shall not be landfilled or rejected at the processing facility. Only residue from processing Compostable Materials may be landfilled. 4.4.4 Compostable Materials Overages (Residential) - At no additional charge and pursuant to Section 4.4.2, Franchisee shall provide a sufficient number of additional Compostable Materials Containers to residential Service Recipients to accommodate all compostables regularly generated. If residential Service Recipients regularly overflow their Compostable Materials Containers, Franchisee will contact residential Service Recipient within two (2) working days of the observation to encourage residential Service Recipients to request additional containers. Franchisee will contact City within two (2) working days if residential Service Recipient declines an additional Compostable Materials Container. Franchisee shall deliver to residential Service Recipient or City requested additional Compostable Materials Containers within five (5) Working Days of the request. 4.4.45 Christmas Tree Collection - As part of the Compostable Materials Collection Program, Franchisee shall collect, on the normal Compostable Materials Collection schedule, all unornamented Christmas trees which are set out next to the Compostable Materials Containers in the first twenty-eight (28) calendar days following December 26 of each year for the term of this Agreement. Franchisee shall not be required to collect ornamented trees, nor shall Franchisee be required to collect trees, or parts of trees, which are over six (6) feet in length. 4.4.65 Providing Home Compost Bins – To reduce the amount of Compostable Materials requiring collection and processing, Franchisee shall offer two four (4) 1-hour back-yard composting classes per year for Cupertino residents, at dates and locations selected by City. Franchisee shall offer a free SOILSAVER Biostackbackyard composter binto each 152 Page 7 of 17 First Amendment to Recology Franchise Agreement August 26, 2014 household that attends a composting class. Residents who attend the class may, at their own choice, claim their bin at the end of the class or have it the composter delivered to their house free of charge by Franchisee within five (5) Working Days of the class. Residents who do not attend the class can purchase a compost bin (from a website listed by Franchisee) and submit a copy of their receipt to Franchisee for a full credit of the cost of the bin and delivery. These costs shall be subtracted from their next garbage bill. Franchisee shall, during the term of this Agreement, provide a freeBiostack compost bin (or credit for a household-purchased Biostack compost bin) to each of the of the first 400 households that attend a class or purchase a bin and request credit. Franchisee shall keep City informed as to the number of bins remaining. At City’s request, Franchisee shall provide additional Biostack compost bins (above the 400 referred to above) to households in accordance with this Section 4.4.5, and shall be entitled to reimbursement from City for the actual cost of each additional bin delivered to households (not to exceed $100 per bin). 4.4. 76 Yard Waste Exempt Properties – Property owners that can demonstrate that they have no yard waste to dispose of may request an exemption from the fees related to the collection of compostable materials, as listed in EXHIBIT B. Per Section 4.4.2, Franchisee shall provide to all “Yard Waste Exempt” accounts either a 20-gallon or 32-gallon Compostable Materials Container at no additional charge to the Service Recipient. 4.5.6 – Litter Prevention–Franchisee will partner with the City in the Zero Litter Initiative (ZLI) and assist the City as provided herein in preventing violations of the City’s Litter Prevention and Enforcement ordinance (Cupertino Municipal Code Section 9.18.215). Franchisee will report any Garbage Container, Recyclable Materials Container, or Compostable Materials Container overflows to the City within one (1) Working Day of the observation to ensure a timely response by City to a litter discharge. If Service Recipients regularly overflow their Garbage, Recyclable Materials, or Compostable Materials Container, Franchisee will contact Service Recipient within two (2) working days of the observation to encourage increased service and to provide education and proper use of provided 153 Page 8 of 17 First Amendment to Recology Franchise Agreement August 26, 2014 Containers. City staff will contact the Residential Service Recipient to inform them about the City’s Municipal Code requirement to contain Garbage, Recyclable Materials and Compostable Materials in the designated Container with the lid closed to prevent litter. 4.7.1 Frequency of Collection -- - Franchisee shall provide appropriate Garbage Containers to each Non-Residential Service Recipient based on the level of service for which the Non-Residential Service Recipient has subscribed. Franchisee shall collect Garbage from each Non-Residential Garbage Container at least once-per-week , Monday through Saturday, and as often as subscribed for by the Non-Residential Service Recipient. Collection shall be made from Non-Residential Garbage Containers placed at an accessible point of service selected by the Service Recipient. If a Non-Residential Service Recipient has not subscribed for sufficient service to prevent overages on a normal basis, Franchisee shall notify the Non-Residential Service Recipient within two (2) Working Days to and encourage them to increase service. If the Non-Residential Service Recipient does not increase service to provide sufficient service to prevent overages on a normal basis, Franchisee shall notify the City’s Representative within two (2) Working Days, and provide details of the contact to request the Service Recipient to increase service. Franchisee will partner with the City in the Zero Litter Initiative (ZLI) and assist the City in preventing violations of the City’s Litter Prevention and Enforcement ordinance (Cupertino Municipal Code 9.18.215). Franchisee will report any Non-Residential Garbage Container, Recycling Materials Container or Compostable Materials Container overflows to the City within one (1) Working Day of the observation to ensure a timely response by City to a litter discharge. 4.8.1 –Frequency of Collection (Non-Residential Recyclable) -- - Franchisee shall provide Recyclable Materials collection services at no additional cost to all Service Recipients that subscribe for Non-Residential Garbage service, at no additional cost above the rate paid by such Service Recipients for such Garbage service. Franchisee shall collect all Recyclable Materials listed in EXHIBIT A from each Non-Residential Service Recipient as often as necessary to minimize overages based on the volume 154 Page 9 of 17 First Amendment to Recology Franchise Agreement August 26, 2014 of the containers provided by the Franchisee. To encourage diversion, Franchisee shall match or exceed provide at least equal volume and frequency of Recyclable Materials collection service to each Non- Residential Service Recipient as the volume ofcompared to Garbage collection service subscribed for by such Non-Residential Service Recipient. If Service Recipients decline Recyclable Materials Collection service, Franchisee will notify City within two (2) Working Days. Franchisee shall add collection routes and days, including weekends, if necessary to adequately provide collection service to all Service Recipients in accordance with this Agreement. 4.8.2 Non-Residential Recyclable Materials Overages - In the event a Non-Residential Service Recipient has a greater quantity of Recyclable Materials than can normally be contained in the appropriate containers provided by Franchisee, Franchisee shall provide the Service Recipient, at Franchisee’s own cost and expense, additional containers or more frequent collection service from among the range of service options listed on EXHIBIT B. At no additional charge and pursuant to Section 4.3.2, Franchisee shall provide a sufficient number of additional Recyclable Materials Containers to Service Recipients to accommodate all recyclables regularly generated. If Service Recipients regularly overflow their Recyclable Materials Containers, Franchisee will contact Service Recipient within two (2) working days of the observation to encourage Service Recipients to request additional containers. Franchisee will contact City within two (2) working days if Service Recipient declines an additional Recyclable Materials Container. Franchisee shall deliver Service Recipient or City requested additional Recyclable Materials Containers within five (5) Working Days of the request. 4.8.3 Non-Collection - Franchisee shall not be required to collect any Recyclable Materials that are not placed in Recyclable Materials Containers by Non-Residential Service Recipients. Franchisee shall report to the City all loads of contaminated recyclable materials generated by a 155 Page 10 of 17 First Amendment to Recology Franchise Agreement August 26, 2014 Non-Residential Service Recipient within two (2) working days of the driver observing the contaminated load. The City will contact the Service Recipient and work with the Service Recipient to prevent further contaminated loads by providing education and assistance to the Non- Residential Service Recipient. Significantly contaminated loads may be processed as Garbage. Franchisee shall not be required to collect any Recyclable Materials that are contaminated by non- recyclable materials.In the event of a non- collection, Franchisee shall leave a Non-Collection Notice (NCN). 4.9.1 Frequency of Collection (Non-Residential Compostable Materials) - Franchisee shall provide Compostable Materials collection services to all Non-Residential Service Recipients that do not decline subscribe for this service. Franchisee will notify City within two (2) Working Days if a Non- Residential Service Recipient declines Compostable Materials service. Franchisee shall be entitled to charge Non-Residential Service Recipients that subscribe for Compostable Materials collection services the same rates as not more than the rate charged for an equivalent level of Garbage service, as set forth in EXHIBIT B. Franchisee shall contact Non-Residential Service Recipients that subscribe for Garbage service and discard significant quantities of Compostable Materials (including, but not limited to, restaurants, businesses with large employee cafeterias, markets and grocery stores, delis and sandwich shops, and florists) and inviteenroll them to inparticipate in the Compostable Materials collection program by subscribing for Compostable Materials service andproviding them an appropriate collection container and reducing their Garbage service level. Franchisee shall ensure that the total cost to such Service Recipients of Garbage service and Compostable Materials service combined will not increase due to the substitution of Compostable Materials capacity for Garbage capacity, so long as the Service Recipient does not increase the total amount of materials discarded. Franchisee will assist the Service Recipient in subscribing for appropriate container volumes and frequency of collection so that the 156 Page 11 of 17 First Amendment to Recology Franchise Agreement August 26, 2014 Service Recipient is adequately served given the space available. Franchisee shall add collection routes and days, including weekends, to adequately provide collection service to all Service Recipients impacted by lack of space for additional containers. Franchisee shall provide Compostable Materials Containers to each Non-Residential Service Recipient in accordance with the service level subscribed for by the Non-Residential Service Recipient. Franchisee shall collect Compostable Materials from each Non-Residential Compostable Materials Container as often as subscribed for by the Non-Residential Service Recipient. 4.9.2 Compostable Materials Overages - If a Non-Residential Service Recipient has not subscribed for sufficient service to prevent overages on a normal basis, Franchisee shall notify the Non-Residential Service Recipient and the City.encourage them to increase service. If the Non- Residential Service Recipient does not increase service to provide sufficient service, Franchisee shall notify the City’s Representative, and provide details of the contact to request the Service Recipient to increase service. At no additional charge, Franchisee shall provide a sufficient number of additional Compostable Materials Containers to Service Recipients to accommodate all compostables regularly generated. If Service Recipients regularly overflow their Compostable Materials Containers, Franchisee will contact Service Recipient within two (2) working days of the observation to encourage Service Recipients to request additional containers. Franchisee will contact City within two (2) working days if Service Recipient declines an additional Compostable Materials Container. Franchisee shall deliver Service Recipient or City requested additional Compostable Materials Containers within five (5) Working Days of the request. Franchisee shall ensure that the total cost to such Service Recipients of Garbage service and Compostable Materials service combined will not increase due to the substitution of Compostable Materials capacity for Garbage capacity, so long as the Service Recipient does not increase the total amount of materials discarded. 157 Page 12 of 17 First Amendment to Recology Franchise Agreement August 26, 2014 4.9.3 Non-Collection - Franchisee shall not be required to collect any Compostable Materials that are not placed in Compostable Materials Containers. Franchisee shall not be required to collect any Compostable Materials that are contaminated by non-compostable materials.In the event of a non-collection, Franchisee shall leave a Non-Collection Notice (NCN).Franchisee shall report to the City all loads of contaminated compostable materials generated by a Non-Residential Service Recipient within two (2) working days of the driver or processor observing the contaminated load. The City will contact the Service Recipient and work with the Franchisee and the Service Recipient to prevent further contaminated loads by providing education and assistance to the Service Recipient. Contaminated loads may be processed as Garbage. 4.11 City-Wide Recycling Events – Two (2)–Four (4) times each year, on a schedule and at locations mutually agreed upon by Franchisee and City, Franchisee will provide a city-wide recycling event for residents of City. Franchisee shall provide sufficient equipment to collect and remove from the agreed-upon locations all acceptable wastes delivered by residents to such locations. Franchisee shall handle all materials received in a manner that will ensure the maximum amount practicable of materials to will be recycled, composted or otherwise diverted from landfill. Franchisee shall provide such city-wide recycling events in accordance with EXHIBIT D of this Agreement. 4.17 Household Hazardous Waste Collection – On behalf of City, Franchisee shall enter continue the existing into an agreement with a third party (the “Household Hazardous Waste Collector”) to provide a Household Hazardous Waste Program. The HHW Collector shall be responsible for all aspects of the HHW Program. Under no circumstances shall Franchisee be required to collect household hazardous waste, except as specifically provided elsewhere in this Agreement. 158 Page 13 of 17 First Amendment to Recology Franchise Agreement August 26, 2014 The initial HHW Collector shall be Waste Management (f/k/a Curbside Inc.). Curbside Inc.The specifications of the HHW Program proposed offered by Waste ManagementCurbside Inc. are set forth in EXHIBIT I. The City may terminate the HHW Program at any time upon ninety (90) days prior written notice to Franchisee. Franchisee may replace the HHW Collector at any time with a new HHW Collector reasonably acceptable to City. The HHW Program shall be funded by means of the Household Hazardous Waste Fee, which shall be approved by City, collected from Residential Service Recipients by Franchisee, and remitted to the HHW Collector. Franchisee may terminate the HHW Program and its agreement with the HHW Collector if at any time City does not approve the Household Hazardous Waste Fee required to fund the HHW Program. 3. Article 6 – Collection Equipment Section 6.1.1, is modified to read as follows: 6.1.1 General Provisions - All collection equipment used by Franchisee in the performance of this Agreement shall be of high quality. The vehicles shall be designed and operated so as to prevent Recyclable Materials, Compostable Materials, Garbage, Litter andor any other materials from escaping from the vehicles. The vehicles shall be designed and operated to minimize any negative environmental impacts caused by their operation, especially air quality impacts. Franchisee shall replace at least one (1) diesel powered collection vehicle in the first month of each calendar year with a new compressed national gas (CNG) collection vehicle. The first replacement CNG vehicle shall be utilized beginning January 2015. All new collection vehicles shall include the best available shielding technology to prevent litter during normal collection and transportation operations. 159 Page 14 of 17 First Amendment to Recology Franchise Agreement August 26, 2014 4. Article 12 – Franchisee’s Compensation Collection Equipment, Section 12.4, is modified to read as follows: 12.4 Rate Request for Compostable Materials Processing – The parties acknowledge that the cost of processing the Non-Residential Compostable Materials collected is relatively uncertain. As such, Franchisee, at the end of the first Contract Year, will evaluate and report to City any fluctuations in the cost of that expanded service. On the basis of that evaluation, Franchisee may propose a rate adjustment for Non-Residential Service Recipients if necessary to cover any increased cost of processing collected commercial Compostable Materials. However, the City retains the right to approve, disapprove or modify any such rate proposal. Franchisee’s report will include revenue collected as a result of this exclusive Franchise Agreement and all costs associated with processing of Compostable Materials at the South Valley Organics facility. Franchisee’s report will include revenue collected as a result of this exclusive Franchise Agreement and all costs associated with processing of Compostable Materials at the South Valley Organics facility. After the first Contract Year, Franchisee will provide the City with annual reports (by December 31 each year, for the period of November 1 through October 31) showing Franchisee’s actual costs to process Compostable Materials. These reports will help Franchisee to determine any incremental rate increases that will be necessary to fund the Compostable Materials processing services. After providing actual costs and projections, Franchisee may prepare a request for a rate increase for the City Council’s consideration. Rate increases would not be applied until the second year of implementing the expanded programs. Lower Compostable Materials processing costs are expected during the first two years while customer participation has not yet reached the maximum. Increases in revenues to Franchisee from sale of Recyclable Materials (above the revenues from the first year of this Agreement) and from sale of products produced from Compostable Materials Processing shall be used to partially offset the increases in Compostable Materials Processing costs identified after the first Contract Yearin subsequent years. 160 Page 15 of 17 First Amendment to Recology Franchise Agreement August 26, 2014 To evaluate any such changes in cost, the City will direct and pay for an audit to establish year 2010 and year 2014 Franchisee’s cost and revenue. The audit will include, but will not necessarily be limited to, quantifying increased cost of processing commercial organics, if any; quantifying revenue collected as a result of this exclusive Franchise Agreement; and itemizing costs associated with processing of Compostable Materials at the South Valley Organics facility. Franchisee will provide the City with annual reports (by March 2 each year, for the period of January 1 through December 31 of that year) using the same metrics as used in the City’s audit, and showing Franchisee’s actual costs to process Compostable Materials. Franchisee will assist and accommodate City directed and paid audits as necessary to determine any incremental rate increases that may be necessary to fund the Compostable Materials processing services. After providing actual costs and projections, Franchisee may prepare a written request for a rate increase for the City Council’s consideration. Increases in revenues to Franchisee from sale of Recyclable Materials and from sale of products produced from Compostable Materials shall be used to offset the increases in Compostable Materials Processing costs. If Franchisee does not request a rate increase within ninety (90) calendar days of the contract year, in any given year of this Agreement, Franchisee waives any claim for compensation for that year in subsequent years. The City retains the right to approve, disapprove or modify any rate increase proposal. Franchisee waives any claim for any additional compensation or other damages, known or unknown, under the Agreement for services performed prior to November 1, 2014. Franchisee waives the provisions of Civil Code section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” 161 Page 16 of 17 First Amendment to Recology Franchise Agreement August 26, 2014 5. Article 17 – General Provisions, Section 17.22, is modified to read as follows: 17.22 Entirety: Agreement and Exhibits – The Agreement dated May 18, 2010 and this is First Amendment and the May 18, 2010 Agreement represent the entire amended Agreement of City and Franchisee with respect to the services to be provided under the Agreement and supersedes and merges all prior written and oral statements, proposals, representations and agreements between the parties, including without limitation the Prior Franchise Agreement (as of November 1, 2010). The May 18, 2010 Exhibits A, C, D, E, F, I, J & K and amended September 2, 2014 Exhibits B, G & H to this Agreementare hereby incorporated into this Agreement and made a part of this Agreement as though fully set forth herein. 6. Exhibits – Exhibits B, G, and H, amended dated September 2, 2014 (attached) hereby replace Exhibits B, G, and H to the Agreement. Any reference to the following Exhibits in the Agreement or Amendment refers to the Exhibit amended dated September 2, 2014: Exhibit B – Schedule of Approved Maximum Rates Exhibit G – Reporting Requirements Exhibit H – Diversion Goals 7. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. 162 Page 17 of 17 First Amendment to Recology Franchise Agreement August 26, 2014 IN WITNESS WHEREOF, the parties hereto have caused this amendment of Agreement to be executed. Recology Cupertino CITY OF CUPERTINO A Municipal Corporation By By ____________________________ City Manager, David Brandt Title Date____________________ APPROVED AS TO FORM: By ___________________________ City Attorney, Carol Korade ATTEST: By _____________________________ City Clerk, Grace Schmidt 163 EXHIBIT B: Amended September 2, 2014 SCHEDULE OF APPROVED MAXIMUM RATES Initial Recology Cupertino Maximum Rates for the City of Cupertino on November 1, 2010 Must Reflect Rates Effective August 1, 2010November 1, 2014 B.1. RESIDENTIAL SERVICE Service Description Maximum Rate SINGLE FAMILY (Monthly Rate): Curbside 1 32-gallon cart $ 20.23 23.40 Curbside 1 64-gallon cart $ 40.4646.81 Curbside 1 96-gallon cart $ 60.6970.21 Curbside Each Additional Cart $ 20.2323.40 Walk-up 1 32-gallon cart $ 31.09 35.97 Walk-up 1 64-gallon cart $ 62.1871.93 Walk-up 1 96-gallon cart $ 93.27107.90 Walk-up Each Additional Cart $ 31.0935.97 Additional Organics/YW Cart No Charge HILLSIDE (Monthly Rate): Roadside 1 32-gallon cart $ 33.4638.71 Roadside 1 64-gallon cart $ 66.9277.42 Roadside 1 96-gallon cart $ 100.38116.13 Roadside Each Additional Cart $ 33.4638.71 DUPLEX/MULTIPLE UNITS & YARDWASTE EXEMPT (Monthly Rate) Any customer that uses the organics (food waste) collection service is not eligible for the exempt rate: Front 1 32-gallon cart $ 17.1119.79 Front 1 64-gallon cart $ 34.2239.59 Front 1 96-gallon cart $ 51.3359.38 Front Each Additional Cart $ 17.1119.79 Back 1 32-gallon cart $ 164 B.1. RESIDENTIAL SERVICE Service Description Maximum Rate 26.4630.61 Back 1 64-gallon cart $ 52.9261.22 Back 1 96-gallon cart $ 79.3891.84 Back Each Additional Cart $ 26.46 SENIOR CITIZENS (Monthly Rate): Frontyard/Backyard 1 32-gallon cart $ 10.1211.10 Exempt (No Yardwaste) 1 32-gallon cart $ 8.579.40 Hillside 1 32-gallon cart $ 16.7418.37 ADDITIONAL CHARGES: Extra Bag Tag $ 5.896.81 10 Bag Tags $ 55.9764.75 Extra Can (1-Time) $ 10.1411.73 24HR CONTAINER SERVICE: Bin By The Day 4 Yard $ 130.83151.34 Bin By The Day 6 Yard $ 160.23185.35 Bin By The Day 7 Yard $ 174.93202.36 MANURE SERVICE (Monthly Rate): Manure - 1 CY 1X Week Service $ 201.88182.47 Manure - 1 CY 2X Week Service $ 423.74383.01 Manure - 1 CY 3X Week Service $ 645.76583.70 Manure - 1 CY 4X Week Service $ 867.74784.34 Manure - 1 CY 5X Week Service $ 1089.94985.1 8 Manure - 1 CY Extra Pick-up $ 77.2174.91 165 B.1. RESIDENTIAL SERVICE Service Description Maximum Rate HOUSEHOLD HAZARDOUS WASTE FEE (Monthly Rate): Single-Family Residence (including units in Multi-Family Residences that subscribe for individual MSW cart service) $ 0.450.50 Multi-Family Residence (Per unit, for units that do not subscribe for individual MSW cart service) $ 0.350.38 LATE CHARGE FEE: 1.2% Per Month Delinquent (Not Compounded) 166 B.2. NON RESIDENTIAL AND MULTI-FAMILY GARBAGE SERVICE AND NON RESIDENTIAL AND MULTI-FAMILY COMPOSTABLE MATERIALS SERVICE * * Non-Residential & Multi-Family Garbage service and& Non-Residential & Multi-Family Compostable Materials service are two separate services rates for Commercial Compostable Materials service areshall never cost more than the rates for Commercial Garbage service for the same quantity of material Service Description Frequency Maximum Rate FRONT LOADER CONTAINERS (Monthly Rate): 1.5 CY Container 1X Week Service $ 117.99136.49 1.5 CY Container 2X Week Service $ 236.01273.02 1.5 CY Container 3X Week Service $ 354.01409.51 1.5 CY Container 4X Week Service $ 472.02546.02 1.5 CY Container 5X Week Service $ 590.02682.53 1.5 CY Container 6X Week Service $ 708.00819.00 1.5 CY Container Extra Pick-up $ 37.0842.33 2 CY Container 1X Week Service $ 141.62163.82 2 CY Container 2X Week Service $ 283.19327.59 2 CY Container 3X Week Service $ 424.82491.43 2 CY Container 4X Week Service $ 566.39655.19 2 CY Container 5X Week Service $ 708.00819.00 2 CY Container 6X Week Service $ 849.60982.80 2 CY Container Extra Pick-up $ 46.3352.90 3 CY Container 1X Week Service $ 188.80218.40 3 CY Container 2X Week Service $ 377.61436.81 3 CY Container 3X Week Service $ 566.39655.19 3 CY Container 4X Week Service $ 755.22873.63 167 B.2. NON RESIDENTIAL AND MULTI-FAMILY GARBAGE SERVICE AND NON RESIDENTIAL AND MULTI-FAMILY COMPOSTABLE MATERIALS SERVICE * * Non-Residential & Multi-Family Garbage service and& Non-Residential & Multi-Family Compostable Materials service are two separate services rates for Commercial Compostable Materials service areshall never cost more than the rates for Commercial Garbage service for the same quantity of material Service Description Frequency Maximum Rate 3 CY Container 5X Week Service $ 944.011,092.0 2 3 CY Container 6X Week Service $ 1,132.811,310 .42 3 CY Container Extra Pick-up $ 50.6757.85 4 CY Container 1X Week Service $ 236.01273.02 4 CY Container 2X Week Service $ 472.02546.02 4 CY Container 3X Week Service $ 708.00819.00 4 CY Container 4X Week Service $ 944.011,092.0 2 4 CY Container 5X Week Service $ 1,180.031,365 .05 4 CY Container 6X Week Service $ 1,416.011,638 .02 4 CY Container Extra Pick-up $ 63.1872.14 6 CY Container 1X Week Service $ 330.40382.20 6 CY Container 2X Week Service $ 660.81764.41 6 CY Container 3X Week Service $ 991.211,146.6 1 6 CY Container 4X Week Service $ 1,321.611,528 .81 6 CY Container 5X Week Service $ 1,652.021,911 .03 6 CY Container 6X Week Service $ 168 B.2. NON RESIDENTIAL AND MULTI-FAMILY GARBAGE SERVICE AND NON RESIDENTIAL AND MULTI-FAMILY COMPOSTABLE MATERIALS SERVICE * * Non-Residential & Multi-Family Garbage service and& Non-Residential & Multi-Family Compostable Materials service are two separate services rates for Commercial Compostable Materials service areshall never cost more than the rates for Commercial Garbage service for the same quantity of material Service Description Frequency Maximum Rate 1,982.432,293 .25 6 CY Container Extra Pick-up $ 87.93100.39 8 CY Container 1X Week Service $ 424.82491.43 8 CY Container 2X Week Service $ 849.60982.80 8 CY Container 3X Week Service $ 1,274.431,474 .24 8 CY Container 4X Week Service $ 1,699.211,965 .05 8 CY Container 5X Week Service $ 2,124.022,457 .03 8 CY Container 6X Week Service $ 2,548.822,948 .43 8 CY Container Extra Pick-up $ 113.72129.84 *Pushout Container 1X Week Service $ 41.5448.06 Pushout Container 2X Week Service $ 83.3296.38 Pushout Container 3X Week Service $ 124.74144.29 Pushout Container 4X Week Service $ 166.41192.50 Pushout Container 5X Week Service $ 208.05240.67 Pushout Container 6X Week Service $ 249.79288.95 * Container Pushout charges shall only apply to containers moved more than 25-feet to get them to the truck. Key Service (service includes unlocking and locking $ 169 B.2. NON RESIDENTIAL AND MULTI-FAMILY GARBAGE SERVICE AND NON RESIDENTIAL AND MULTI-FAMILY COMPOSTABLE MATERIALS SERVICE * * Non-Residential & Multi-Family Garbage service and& Non-Residential & Multi-Family Compostable Materials service are two separate services rates for Commercial Compostable Materials service areshall never cost more than the rates for Commercial Garbage service for the same quantity of material Service Description Frequency Maximum Rate receptacle) 46.2753.52 COMMERCIAL GARBAGE CART RATE: Per Cart Pickup $ 18.7521.69 SPECIAL SERVICES: Steam cleaning and re-delivery of bin [shall be provided once each year without charge], $ 79.63 Furnishing Chains (One Time Only) Commercial $ 83.95 Multi-Family $ 92.11 LATE CHARGE FEE: 1.2% Per Month Delinquent (Not Compounded) 170 B.3. COMPACTOR SERVICE Service Description Maximum Rate GARBAGE COMPACTOR RATE (Per Cubic Yard) (Monthly Rate): $ 33.3338.56 COMPACTOR RATE-MIXED RECYCLABLE: Hauling Only $ 309.98353.94 Per Ton $ 49.3556.35 GARBAGE AND RECYCLING COMPACTOR RATES Description Amount Processor Dirty Garbage Compactor Rates Per Yard Per Pull $ 38.06 Newby N/A Mixed Recycling Compactor Rates Per Pull $ 353.94 BFI $ 468.09 Mixed Recycling Compactor Rates Per Ton $ 56.35 BFI $ 82.41 171 B.4. DEBRIS-BOX SERVICE DEBRIS-BOX (UNCOMPACTED) SERVICE (Monthly Rate): 8 Yard Rock Box 6 Tons $ 618.52700.96 8 Yard Rock Box 7 Tons $ 692.36 8 Yard Rock Box 8 Tons $ 766.20 8 Yard Rock Box Each Additional Ton $ 73.84 16 Yard Debris Box 3 Tons $ 397.01 16 Yard Debris Box 4 Tons $ 470.86 16 Yard Debris Box 5 Tons $ 544.70 16 Yard Debris Box Each Additional Ton $ 73.84 20 Yard Debris Box 4 Tons $ 467.32 20 Yard Debris Box 5 Tons $ 541.16 20 Yard Debris Box 6 Tons $ 615.00 20 Yard Debris Box Each Additional Ton $ 73.84 26 Yard Debris Box 4 Tons $ 607.52 26 Yard Debris Box 5 Tons $ 681.37 26 Yard Debris Box 6 Tons $ 755.21 26 Yard Debris Box Each Additional Ton $ 73.84 30 Yard Debris Box 5 Tons $ 718.34 30 Yard Debris Box 6 Tons $ 792.18 30 Yard Debris Box 7 Tons $ 866.02 30 Yard Debris Box Each Additional Ton $ 73.84 40 Yard Debris Box 6 Tons $ 766.30 40 Yard Debris Box 7 Tons $ 840.14 40 Yard Debris Box 8 Tons $ 913.99 40 Yard Debris Box Each Additional Ton $ 73.84 WEEKLY RENTAL FEE (Beyond Normal 7 Days): $ 119.99138.81 LATE CHARGE FEE: 1.2% Per Month Delinquent (Not Compounded) SOURCE SEPARATED RECYCLING*: 08DOR 08DOR 16-40DOR 16-40DOR Clean Dirt Clean Concrete Asphalt Clean Wood Sheet Rock Haul Rate $ 411.45 $ 411.45 $ 411.45 $ 411.45 Recycling Rate per $ 29.62 $ 20.85 $ 39.50 $ 41.69 172 B.4. DEBRIS-BOX SERVICE ton *Note: Source Separated Recycling Loads will be charged the regular box rate if contaminated or mixed OTHER MISCELLANEOUS RATES Description Code Amount Daily Rental Rate For Boxes Beyond 7 Days RENT $ 21.94 Weekly Rental Rate For Boxes Beyond 7 Days RENT $ 138.81 Trip Charge For Empty Debris Box/Compactor (No Dump) TRIP $ 82.29 Dry Run, Scheduled Service Bin Empty TRIP $ 164.58 Relocate Container After Initial Delivery RELOC $ 82.29 Same Day Cancelation (No Dump) CANCL $ 54.86 Steam Clean after exchange bring back to yard TRIP 164.58 EXHIBIT B SHALL BE REVISED TO REFLECT ANNUAL RATE ADJUSTMENTS PER THE CPI FORMULA SPECIFIED IN THIS AGREEMENT RATES AS OF AUGUST 1, 2010 AND THAT REVISED EXHIBIT B SHALL REPLACE THE APRIL 2010 VERSIONS SO THAT THE AUGUST 2010 RATES WILL BE IN EFFECT AT THE TIME OF THE NOVEMBER 1, 2010 IMPLEMENTATION OF THIS FRANCHISE. 173 EXHIBIT G: REPORTING REQUIREMENTS (Amended September 2, 2014) 1. Monthly Reports. Franchisee shall submit, within twenty (20) calendar days following the end of each month, a Monthly Report on the amount of Recyclable Materials collected, Compostable Materials collected, Garbage collected and disposed, and materials collected at City-wide recycling events, and Garbage collected and disposed. To support the City’s participation in the U.S. EPA Food Recovery Challenge, Franchisee will report the data on Compostable Materials diverted from landfill showingshall include a breakdown between food waste and yard waste in both tonnage and cubic yards (by weight and volume). Franchisee will provide a separate monthly report for Multi-Family Dwelling Units and Non-Residential Services, describing the levels of service for recyclables and compostables, for which they are subscribeding for and the number of tons and cubic yards that were diverted from landfill as a result of Composted Materials and Recyclable Materials that were collected by Franchisee. This information shall meet the reporting requirements of the California Integrated Waste Management Act, as such Act may from time to time be amended. In addition to the information required by the California Integrated Waste Management Act, each Monthly Report shall include the information described in Section 2 of this EXHIBIT G. Franchisee shall provide these reports electronically only to reduce waste, in an editable format approved by City, such as Excel or Word. to reduce waste generation. 1.1 Monthly Summary. The Monthly Report shall contain a summary of the information reported pursuant to Section 1 of this EXHIBIT G. Reports shall also contain a description of milestones achieved; changes in staffing levels; a listing of special occurrences such as any drop in tons diverted from the previous month due to contamination; and any other relevant information, including details of any City- wide Recycling Days which occurred during that month. 1.2 Monthly Report on Debris Box and Compactor Revenue and Disposal Cost The Monthly Report shall detail separately the monthly tonnage and revenue collected from both Debris Boxes and Compactors (this revenue is excluded from Eligible Revenue). In addition the Monthly Report shall set forth separately for Debris Boxes and Compactors, the landfill disposal costs for all loads excluded from the Eligible Revenue and for which Franchisee reimburses the City. 1.3 Sales of Recyclable Materials and Compostable Materials. The Monthly Report shall contain a Monthly Recyclable Materials and Compostable Materials sales statement showing: type of material, the name of 174 each buyer, date of sale, terms of sale, quantity sold (in tons or cubic yards), and net sales (net sales means gross sales minus both sales returns and sales allowances). Tonnages sold at different prices during the month must be reported separately. Adjustments to previous months’ sales (such as for contaminants) shall be reported on the current statement as a reduction in sales and referenced to the statement for the prior month in which the original sale was actually reported. Franchisee shall provide City, in each Monthly Report, a list of addresses for all households that have receivedor been given a credit for a Biostack backyard Compost Bin during the month covered by such Monthly Report. 1.4 Contaminants. The Monthly Report shall include a statement of the weight (in tons) of contaminants in the Recyclable Materials and Compostable Materials collected during the month, the weight of the contaminants expressed as a percentage of the Recyclable Materials and Compostable Materials collected, and a description of the disposal methods for the contaminants. Franchisee shall provide, in each Monthly Report, a list of the Service Recipients’ business name, account holder’s name and contact information, and the address where a driver has observed a contaminated load of Recyclable Materials or Compostable Materials. The Monthly Report shall also provide,the size of the contaminated load in cubic yards and the contaminants observed. 1.5 Problems Encountered. The Monthly Report shall include a narrative account of problems encountered during the reporting period in connection with Recyclable Materials and Compostable Materials collection (including scavenging), processing and/or marketing, a list of Non-Residential Service Recipients that declined to accept Compostable Materials or Recyclable Materials collection, the reasons Non- Residential Service Recipients gave when asked why they declined to accept Compostable Materials or Recyclable Materials service, and the actions taken by Franchisee in response. The narrative shall includea list of Non-Residential Service Recipients that declined to accept Compostable Materials or Recyclable Materials collection and the reasons they gave for declining the service, a description of problems relating to non-collection because of contamination in the Recyclable Materials Containers and Compostable Materials Containers or because of blocked access. The narrative shall also include a description of Recyclable Materials and Compostable Materials rejected for sale after processing (by type of material and tonnages), reason(s) for rejection, and Franchisee’s disposal method for the rejected load. 175 1.6 Public Education Activities. The Monthly Report shall include a description of the public education and community relations activities performed by Franchisee during the month and Franchisee’s evaluation of the success of such activities in promoting the Programs or in addressing problems encountered by Franchisee. 1.7 Service Log. The Monthly Report shall contain a copy of Franchisee’s telephone and complaint log, and include the name and address of each caller, the reason for the call, details on each complaint and a description of how each complaint was resolved. The Monthly Report shall contain a list of all pickups missed during the reporting period, with a description of the response to each call. 1.8 New Service Recipients. The Monthly Report shall contain a listing of all new Service Recipients, including their name, address and level of service. 1.9 Non-Residential Compostable Materials Service Recipients. The Monthly Report shall include a list of all Non-Residential Service Recipients that subscribe to Compostable Materials collection service, the date the Franchisee first visited the Non-Residential Service Recipient to ask them to subscribe to this service, the date Compostable Materials collection service started, the size of Compostable Materials Container(s) and the frequency of collection. If a Non-Residential Service Recipient has declined to subscribe to Compostable Materials service, Franchisee will provide the date the service was declined. 1.10 Loads Rejected by the Processor The Monthly Report shall include a list of Non-Residential loads of (compostable materials, recyclable materials or garbage) that are rejected by the processor, the date that the load was rejected, the Service Recipient’s name and address, the type of material collected and the reason that the material was rejected. 1.11 Monthly Tonnage for Re-TRAC to support City’s participation in U.S. EPA’s Food Recovery Challenge. 176 Franchisee will enter in the Re-TRAC database, monthly tonnage for materials landfilled, materials recycled, yard waste composted and food waste composted. 2. Compost Quality Reports. On April 1 and October 1 of each year of this Agreement, Franchisee shall provide City with copies of Laboratory reports on the quality of the Compost Materials produced from the Compostable Materials collected in City sometime in the prior three months, and on the compost materials provided to City as required in Section 8.1 of this Agreement. 3. Annual Reports. 3.1 Annual Report Submitted By Franchisee. To be consistent with CalRecyle’s Annual Report periods, Franchisee shall provide its annual report to the City for the calendar year. Within 6030 days following the end of each calendar year,Contract Year, Franchisee shall provide City with an Annual Report containing: a summary report of the Monthly Reports for the year, including information on the total annual quantities of Garbage collected and disposed, Recyclable Materials collected, and Compostable Materials collected. The Annual Report shall show detail the Compostable Materials collected broken down by the tonnage and cubic yards of food waste collected and the tonnage and cubic yards of yard waste collected. The Annual Report shall also contain a discussion of public awareness activities and their impact on recycling participation and recovered amounts, and a discussion of highlights and other noteworthy program experiences, along with measures taken to resolve problems, increase efficiency, and increase participation. The Annual Report shall also contain a detailed discussion of the progress made during the year toward meeting a sixty-five percent (the City’s7565%) diversion rate goal for Non Residential Service Recipients and for multi-family sectors as calculated in Exhibit H.2. 3.2 Vehicle Fleet Information. Each year of the term of this Agreement, Franchisee shall submit to City, as an attachment to the Annual Report, all information required by Section 6.1.6 of this Agreement. 3.3 Audited Financials. After the end of each fiscal year of Franchisee, Franchisee shall submit to City a copy of its audited financial statements for such year. Such audited 177 financials shall include all of Franchisee’s revenues under this Agreement during such fiscal year. 4. End of Agreement Reports. Reports covering the last period of this Agreement will be due following the end of collection services, on the schedule stated in this EXHIBIT G. 178 179 180 Amended September 2, 2014 . Residue from processing recyclables and compostables that are landfilled shall be counted in the tons of commercial and multi-family material landfilled, not as tonnage recycled or composted. H3. Expanded Diversion Program Features Single-Family Residential Services: • Provide each residential customer with a dishwasher- safe, pitchercontainer having a seal-tight lid. These containers can be used for the in-home storage of compostable organic materials. The seal-tight lid will prevent odors and the dishwasher compatible pitcher container will be convenient for residents to clean and maintain. • Single-stream collection of commodities listed below at “Recyclable Commodities” • Curbside collection of CFL bulbs in clear zip lock bags • Curbside collection of dry cell batteries and cell phones in clear zip lock bags • Curbside collection of used motor oil in 1-gallon containers and used oil filters in clear zip lock bags • Curbside collection of E-waste and U-Waste through on-call collection programs • On-call collection of material and diversion of all recyclable and reusable materials • Curbside collection of cooking oil, in 1-gallon containers marked as “Cooking Oil” • Curbside collection of “Coats for Kids” every fall • Provide up to 400 Bio-Stack composting bins in Year 1 of the contract extension • Provide a twice-per-year “Environmental Day” for the collection of recyclable commodities listed below at “Recyclable Commodities” • Distribute public outreach material highlighting the new and expanded recyclables and organics collection programs • By October 1, 2015, develop a three-minute “How to Utilize Your Organics and Recycling Cart” video for viewing on the City of Cupertino Cable access channel and for schools Multi-Family Residential Services: • Conversion to single-stream collection of commodities listed below at “Recyclable Commodities” • Contact management of every MFD complex in the first year of the contract extension to initiate or expand recycling services • Provide to each MFD unit whose complex participates in the organics collection service, a dishwasher- safe, pitcher having a seal-tight lid, for the in-home storage of compostable organic materials • Provide each MFD unit with a “Recycling Tote Bag” for the in-home storage of single- stream recyclables • Collection of E-waste and U-Waste through on-call collection programs 181 Amended September 2, 2014 • Provide drop-off containers at MFD management offices for dry cell batteries and cell phone recycling • Arrange HOA presentations on the new and expanded recyclables and organics collection programs • Distribute public outreach material highlighting the new and expanded recyclables and organics collection programs • By December 31, 2014, conduct a Recycling Blitz at large multi-family developments. Recology Zero Waste Coordinators and Management will visit buildings on Saturdays to distribute “Buddy Bags” to help residents sort recyclables, along with a brochure guide • By October 1, 2015, develop a three-minute “How to Utilize Your Organics and Recycling Cart” video for viewing on the City of Cupertino Cable access channel and for schools Commercial Services: • Conversion to single-stream collection of commodities listed below at “Recyclable Commodities” • Contact every commercial customer in the first year of the contract extension to initiate or expand recyclables and organics collection services • Provide each commercial customer that participates in the organics collection program with an optional “Slim Jim’ container for the indoor accumulation of organics materials • Arrange presentations of expanded recycling programs at civic groups, schools, community functions, city events, City and Recology websites, and the City access channel • Distribute public outreach material highlighting the new and expanded recyclables and organics collection programs 182 Page 1 of 15 First Amendment to Recology Franchise Agreement August 26, 2014 FIRST AMENDMENT TO FRANCHISE AGREEMENT BETWEEN THE CITY OF CUPERTINO AND RECOLOGY CUPERTINO FOR COLLECTION AND PROCESSING OF RECYCLABLE AND COMPOSTABLE MATERIALS, AND THE COLLECTION AND DISPOSAL OF GARBAGE This First Amendment to the Franchise Agreement between the City of Cupertino and Recology Cupertino for Collection and Processing of Recyclable and Compostable Materials, and the Collection of Disposal of Garbage (“First Amendment”), for reference dated September 2, 2014, is by and between the CITY OF CUPERTINO, a municipal corporation ("CITY") and Recology Cupertino, a California corporation, (“Franchisee”), and is made with reference to the following: RECITALS: A. On May 18, 2010, a Franchise Agreement for Collection and Processing of Recyclable and Compostable Materials, and the Collection and Disposal of Garbage was entered into by and between CITY and Franchisee ("Agreement"). B. CITY and Franchisee desire to modify the Agreement as set forth in detail below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Article 2 –Term of Agreement, Sections 2.1 and 2.2 are modified and a new Section 2.3 is added to read as follows: 2.1 Term - The term of this Agreement shall be for eight years and three months, from 12:00 A.M. on November 1, 2010 to 11:59 P.M. on January 31, 2019, inclusive, subject to Article 16 of this Agreement. 2.2 Option to Negotiate New Agreement -- Franchisee shall have the option to negotiate a new ten year agreement that may begin as early as 12:00 A.M. on January 31, 2017 and end at 11:59 P.M. on January 31, 2027 if it has: 183 Page 2 of 15 First Amendment to Recology Franchise Agreement August 26, 2014 2.2.1 Achieved a sixty percent (60%) commercial and multi-family diversion rate by November 1, 2016 (as calculated in Exhibit H); and achieved a minimum seventy-five percent (75%) diversion rate under the terms of this Agreement for calendar year 2015, based on CalRecycle’s diversion rate equivalent (DRE) for both residential and commercial sectors (as calculated in Exhibit H). CalRecycle’s calculation of the City’s DRE for 2015 should be available by November 1, 2016, after submittal of the City’s annual report data in August 2016, and; 2.2.2 Cooperatively and proactively worked with City to develop programs to increase diversion, reduce contamination and provide all food service establishments (grocers, restaurants, hotels, high tech companies with large cafeterias etc.) generating four (4) cubic yards or more of total waste per week with bins and collection service for organics composting by January 1, 2016 and; 2.2.3 Cooperatively and proactively worked with City in connection with limited rate increase requests for residential and non- residential services so that the cost of organics processing to the City, subject to Article 12 of this Agreement, incorporates efficiencies identified in City directed and paid audits and; 2.2.4 Notified City of its intent to exercise this option in writing, on or before September 31, 2016. 2.3 City’s Right to Extend or Negotiate New Agreement - In response to Franchisee’s exercise of the above option, City, at its sole discretion, may choose to extend, or not extend, the Term of this Agreement, or negotiate a new agreement, and shall notify Franchisee of its intent within sixty (60) days of the Franchisee’s request for an option to negotiate an extension or new agreement. 2. Article 4 –Collection Services, Sections 4.3.3, 4.4.2, 4.4.3, 4.4.5, 4.4.6., 4.4.7, 4.71, 4.8.1, 4.8.2, 4.8.3, 4.9.1, 4.9.2, 4.9.3, 4.11, and 4.17, are modified, and 184 Page 3 of 15 First Amendment to Recology Franchise Agreement August 26, 2014 new Sections 4.4.4 and 4.5.6 are added to read as follows: 4.3.3 Recyclable Materials Overages (Residential) - Franchisee shall collect all Recyclable Materials properly prepared and set out for collection by the Service Recipient each week. Service Recipient may set flattened and bundled cardboard boxes, which are too large to fit in the Recyclable Materials Container, next to the container, provided they do not exceed 3 feet by 3 feet and are securely tied together. Franchisee shall collect such cardboard boxes on the day Franchisee collects Recyclable Materials from the Service Recipient. Franchisee shall have no obligation to collect Recyclable Materials Overages where Recyclable Materials are not set out in Recyclable Materials Containers, or if cardboard boxes are not set out as provided above or where the combined weight of the Recyclable Materials and cardboard exceeds sixty (60) pounds. At no additional charge and pursuant to Section 4.3.2, Franchisee shall provide a sufficient number of additional Recyclable Materials Containers to Service Recipients to accommodate all recyclables regularly generated. If Service Recipients regularly generate more Recyclable Materials than will fit in their Recyclable Materials Containers, Franchisee will contact Service Recipient within two (2) working days of the observation to encourage Service Recipients to request additional containers. Franchisee will contact City within two (2) working days if Service Recipient declines an additional Recyclable Materials Container. Franchisee shall deliver to Service Recipient or City requested additional Recyclable Materials Containers within five (5) Working Days of the request. 4.4.2 Compostable Materials Containers (Residential) – Franchisee shall provide a new or refurbished Compostable Materials Container at no additional charge to each Residential Service Recipient that does not already have one. These Compostable Materials Containers shall be delivered by Franchisee within five (5) working days of Request by the Residential Service Recipient. 185 Page 4 of 15 First Amendment to Recology Franchise Agreement August 26, 2014 Compostable Materials Containers removed by the Franchisee by mistake, for repair and replacement, or cleaning shall be replaced by Franchisee within five (5) working days of their removal. Franchisee shall provide to all “Yard Waste Exempt” accounts either a 20- gallon or 32-gallon Compostable Materials Container at no additional charge to the Service Recipient. By November 2014, Franchisee will place graphics-based organic/food scrap stickers on all residential organic carts to promote diversion of compostable material. Compostable Materials Containers provided by Franchisee shall be labeled for “Compost” and “Property of the City of Cupertino” and shall not be marked with the Franchisee’s name or logo. All Compostable Materials Containers provided by Franchisee to Residential Service Recipients pursuant to this Agreement shall become the property of the City at the termination of this Agreement. Compostable Materials shall be collected from Franchisee supplied Compostable Materials Containers. The combined weight of the container and the Compostable Materials shall not exceed one hundred fifty (150) pounds. Compostable Materials Containers must be placed for collection adjacent to the Recyclable or Garbage Containers by the Residential Service Recipient. To promote maximum diversion, Franchisee shall deliver additional Compostable Materials Containers within five (5) Working Days from the date of the Residential Service Recipient’s or the City’s request. At no additional charge and pursuant to this Section, 4.4.2, Franchisee shall provide a sufficient number of additional Compostable Materials Containers to accommodate all compostable materials regularly generated. 4.4.3 Non-Collection - Franchisee shall not be required to collect any Compostable Materials that are not set out on a public street or other accessible location, in accordance with the Municipal Code, or in conformance with Section 4.4.2 of this Agreement. If the Compostable Materials are too contaminated to process, Franchisee shall leave a Contamination Notice and collect the material as Garbage. , Loads 186 Page 5 of 15 First Amendment to Recology Franchise Agreement August 26, 2014 collected as Compostable Materials shall not be landfilled or rejected at the processing facility. Only residue from processing Compostable Materials may be landfilled. 4.4.4 Compostable Materials Overages (Residential) - At no additional charge and pursuant to Section 4.4.2, Franchisee shall provide a sufficient number of additional Compostable Materials Containers to residential Service Recipients to accommodate all compostables regularly generated. If residential Service Recipients regularly overflow their Compostable Materials Containers, Franchisee will contact residential Service Recipient within two (2) working days of the observation to encourage residential Service Recipients to request additional containers. Franchisee will contact City within two (2) working days if residential Service Recipient declines an additional Compostable Materials Container. Franchisee shall deliver to residential Service Recipient or City requested additional Compostable Materials Containers within five (5) Working Days of the request. 4.4.5 Christmas Tree Collection - As part of the Compostable Materials Collection Program, Franchisee shall collect, on the normal Compostable Materials Collection schedule, all unornamented Christmas trees which are set out next to the Compostable Materials Containers in the first twenty-eight (28) calendar days following December 26 of each year for the term of this Agreement. Franchisee shall not be required to collect ornamented trees, nor shall Franchisee be required to collect trees, or parts of trees, which are over six (6) feet in length. 4.4.6 Home Compost Bins – To reduce the amount of Compostable Materials requiring collection and processing, Franchisee shall offer four (4) 1-hour back-yard composting classes per year for Cupertino residents, at dates and locations selected by City. Franchisee shall offer a free SOILSAVER backyard composter to each household that attends a composting class. Residents who attend the class may have the composter delivered to their house free of charge by Franchisee within five (5) Working Days of the class. 187 Page 6 of 15 First Amendment to Recology Franchise Agreement August 26, 2014 Franchisee shall, during the term of this Agreement, be entitled to reimbursement from City for the actual cost of each bin delivered to households (not to exceed $100 per bin). 4.4. 7 Yard Waste Exempt Properties – Property owners that can demonstrate that they have no yard waste to dispose of may request an exemption from the fees related to the collection of compostable materials, as listed in EXHIBIT B. Per Section 4.4.2, Franchisee shall provide to all “Yard Waste Exempt” accounts either a 20-gallon or 32-gallon Compostable Materials Container at no additional charge to the Service Recipient. 4.5.6 – Litter Prevention–Franchisee will partner with the City in the Zero Litter Initiative (ZLI) and assist the City as provided herein in preventing violations of the City’s Litter Prevention and Enforcement ordinance (Cupertino Municipal Code Section 9.18.215). Franchisee will report any Garbage Container, Recyclable Materials Container, or Compostable Materials Container overflows to the City within one (1) Working Day of the observation to ensure a timely response by City to a litter discharge. If Service Recipients regularly overflow their Garbage, Recyclable Materials, or Compostable Materials Container, Franchisee will contact Service Recipient within two (2) working days of the observation to encourage increased service and to provide education and proper use of provided Containers. City staff will contact the Residential Service Recipient to inform them about the City’s Municipal Code requirement to contain Garbage, Recyclable Materials and Compostable Materials in the designated Container with the lid closed to prevent litter. 4.7.1 Frequency of Collection -- Franchisee shall provide appropriate Garbage Containers to each Non-Residential Service Recipient based on the level of service for which the Non-Residential Service Recipient has subscribed. Franchisee shall collect Garbage from each Non-Residential Garbage Container at least once-per-week and as often as subscribed for by the Non-Residential Service Recipient. Collection shall be made from Non-Residential Garbage Containers placed at an accessible point of service selected by the Service Recipient. If a Non-Residential Service Recipient has not subscribed for sufficient service to prevent overages on a normal basis, Franchisee shall notify the 188 Page 7 of 15 First Amendment to Recology Franchise Agreement August 26, 2014 Non-Residential Service Recipient within two (2) Working Days to encourage them to increase service. If the Non-Residential Service Recipient does not increase service to provide sufficient service to prevent overages on a normal basis, Franchisee shall notify the City’s Representative within two (2) Working Days, and provide details of the contact to request the Service Recipient to increase service. Franchisee will partner with the City in the Zero Litter Initiative (ZLI) and assist the City in preventing violations of the City’s Litter Prevention and Enforcement ordinance (Cupertino Municipal Code 9.18.215). Franchisee will report any Non-Residential Garbage Container, Recycling Materials Container or Compostable Materials Container overflows to the City within one (1) Working Day of the observation to ensure a timely response by City to a litter discharge. 4.8.1 Frequency of Collection (Non-Residential Recyclable) -- Franchisee shall provide Recyclable Materials collection services at no additional cost to all Service Recipients that subscribe for Non-Residential Garbage service. Franchisee shall collect all Recyclable Materials listed in EXHIBIT A from each Non-Residential Service Recipient as often as necessary to minimize overages. To encourage diversion, Franchisee shall match or exceed volume and frequency of Recyclable Materials collection service to each Non-Residential Service Recipient as compared to Garbage collection service subscribed for by such Non-Residential Service Recipient. If Service Recipients decline Recyclable Materials Collection service, Franchisee will notify City within two (2) Working Days. Franchisee shall add collection routes and days, including weekends, if necessary to adequately provide collection service to all Service Recipients in accordance with this Agreement. 4.8.2 Non-Residential Recyclable Materials Overages - In the event a Non-Residential Service Recipient has a greater quantity of Recyclable Materials than can normally be contained in the appropriate containers provided by Franchisee, Franchisee shall provide the Service Recipient, at Franchisee’s own cost and expense, additional containers or more 189 Page 8 of 15 First Amendment to Recology Franchise Agreement August 26, 2014 frequent collection service from among the range of service options listed on EXHIBIT B. At no additional charge and pursuant to Section 4.3.2, Franchisee shall provide a sufficient number of additional Recyclable Materials Containers to Service Recipients to accommodate all recyclables regularly generated. If Service Recipients regularly overflow their Recyclable Materials Containers, Franchisee will contact Service Recipient within two (2) working days of the observation to encourage Service Recipients to request additional containers. Franchisee will contact City within two (2) working days if Service Recipient declines an additional Recyclable Materials Container. Franchisee shall deliver Service Recipient or City requested additional Recyclable Materials Containers within five (5) Working Days of the request. 4.8.3 Non-Collection - Franchisee shall not be required to collect any Recyclable Materials that are not placed in Recyclable Materials Containers by Non-Residential Service Recipients. Franchisee shall report to the City all loads of contaminated recyclable materials generated by a Non-Residential Service Recipient within two (2) working days of the driver observing the contaminated load. The City will contact the Service Recipient and work with the Service Recipient to prevent further contaminated loads by providing education and assistance to the Non- Residential Service Recipient. Significantly contaminated loads may be processed as Garbage. 4.9.1 Frequency of Collection (Non-Residential Compostable Materials) - Franchisee shall provide Compostable Materials collection services to all Non-Residential Service Recipients that do not decline this service. Franchisee will notify City within two (2) Working Days if a Non- Residential Service Recipient declines Compostable Materials service. Franchisee shall be entitled to charge Non-Residential Service Recipients that subscribe for Compostable Materials collection services not more than the rate charged for an equivalent level of Garbage service, as set forth in EXHIBIT B. Franchisee shall contact Non-Residential Service Recipients that subscribe for Garbage service and discard significant quantities of Compostable 190 Page 9 of 15 First Amendment to Recology Franchise Agreement August 26, 2014 Materials (including, but not limited to, restaurants, businesses with large employee cafeterias, markets and grocery stores, delis and sandwich shops, and florists) and enroll them in the Compostable Materials collection program by providing them an appropriate collection container and reducing their Garbage service level. Franchisee shall ensure that the total cost to such Service Recipients of Garbage service and Compostable Materials service combined will not increase due to the substitution of Compostable Materials capacity for Garbage capacity, so long as the Service Recipient does not increase the total amount of materials discarded. Franchisee will assist the Service Recipient in subscribing for appropriate container volumes and frequency of collection so that the Service Recipient is adequately served given the space available. Franchisee shall add collection routes and days, including weekends, to adequately provide collection service to all Service Recipients impacted by lack of space for additional containers. Franchisee shall provide Compostable Materials Containers to each Non- Residential Service Recipient in accordance with the service level subscribed for by the Non-Residential Service Recipient. Franchisee shall collect Compostable Materials from each Non-Residential Compostable Materials Container as often as subscribed for by the Non-Residential Service Recipient. 4.9.2 Compostable Materials Overages - If a Non-Residential Service Recipient has not subscribed for sufficient service to prevent overages on a normal basis, Franchisee shall notify the Non-Residential Service Recipient and the City. At no additional charge, Franchisee shall provide a sufficient number of additional Compostable Materials Containers to Service Recipients to accommodate all compostables regularly generated. If Service Recipients regularly overflow their Compostable Materials Containers, Franchisee will contact Service Recipient within two (2) working days of the observation to encourage Service Recipients to request additional containers. Franchisee will contact City within two (2) working days if 191 Page 10 of 15 First Amendment to Recology Franchise Agreement August 26, 2014 Service Recipient declines an additional Compostable Materials Container. Franchisee shall deliver Service Recipient or City requested additional Compostable Materials Containers within five (5) Working Days of the request. Franchisee shall ensure that the total cost to such Service Recipients of Garbage service and Compostable Materials service combined will not increase due to the substitution of Compostable Materials capacity for Garbage capacity, so long as the Service Recipient does not increase the total amount of materials discarded. 4.9.3 Non-Collection - Franchisee shall not be required to collect any Compostable Materials that are not placed in Compostable Materials Containers. Franchisee shall report to the City all loads of contaminated compostable materials generated by a Non-Residential Service Recipient within two (2) working days of the driver or processor observing the contaminated load. The City will contact the Service Recipient and work with the Franchisee and the Service Recipient to prevent further contaminated loads by providing education and assistance to the Service Recipient. Contaminated loads may be processed as Garbage. 4.11 City-Wide Recycling Events – Four (4) times each year, on a schedule and at locations mutually agreed upon by Franchisee and City, Franchisee will provide a city-wide recycling event for residents of City. Franchisee shall provide sufficient equipment to collect and remove from the agreed- upon locations all acceptable wastes delivered by residents. Franchisee shall handle all materials received in a manner that will ensure the maximum amount practicable of materials will be recycled, composted or otherwise diverted from landfill. Franchisee shall provide such city- wide recycling events in accordance with EXHIBIT D of this Agreement. 4.17 Household Hazardous Waste Collection – On behalf of City, Franchisee shall continue the existing agreement with a third party (the “Household Hazardous Waste Collector”) to provide a Household Hazardous Waste Program. The HHW Collector shall be responsible for all aspects of the HHW Program. Under no circumstances shall Franchisee be required to collect household hazardous waste, except as specifically provided elsewhere in this Agreement. 192 Page 11 of 15 First Amendment to Recology Franchise Agreement August 26, 2014 The HHW Collector shall be Waste Management (f/k/a Curbside Inc.). The specifications of the HHW Program offered by Waste Management are set forth in EXHIBIT I. The City may terminate the HHW Program at any time upon ninety (90) days prior written notice to Franchisee. Franchisee may replace the HHW Collector at any time with a new HHW Collector reasonably acceptable to City. The HHW Program shall be funded by means of the Household Hazardous Waste Fee, which shall be approved by City, collected from Residential Service Recipients by Franchisee, and remitted to the HHW Collector. Franchisee may terminate the HHW Program and its agreement with the HHW Collector if at any time City does not approve the Household Hazardous Waste Fee required to fund the HHW Program. 3. Article 6 – Collection Equipment Section 6.1.1, is modified to read as follows: 6.1.1 General Provisions - All collection equipment used by Franchisee in the performance of this Agreement shall be of high quality. The vehicles shall be designed and operated so as to prevent Recyclable Materials, Compostable Materials, Garbage, Litter and any other materials from escaping from the vehicles. The vehicles shall be designed and operated to minimize any negative environmental impacts caused by their operation, especially air quality impacts. Franchisee shall replace at least one (1) diesel powered collection vehicle in the first month of each calendar year with a new compressed national gas (CNG) collection vehicle. The first replacement CNG vehicle shall be utilized beginning January 2015. All new collection vehicles shall include the best available shielding technology to prevent litter during normal collection and transportation operations. 193 Page 12 of 15 First Amendment to Recology Franchise Agreement August 26, 2014 4. Article 12 – Franchisee’s Compensation Collection Equipment, Section 12.4, is modified to read as follows: 12.4 Rate Request for Compostable Materials Processing – Franchisee may propose a rate adjustment for Non-Residential Service Recipients if necessary to cover any increased cost of processing collected commercial Compostable Materials. However, the City retains the right to approve, disapprove or modify any such rate proposal. Franchisee’s report will include revenue collected as a result of this exclusive Franchise Agreement and all costs associated with processing of Compostable Materials at the South Valley Organics facility. Franchisee’s report will include revenue collected as a result of this exclusive Franchise Agreement and all costs associated with processing of Compostable Materials at the South Valley Organics facility. Increases in revenues to Franchisee from sale of Recyclable Materials (above the revenues from the first year of this Agreement) and from sale of products produced from Compostable Materials Processing shall be used to partially offset the increases in Compostable Materials Processing costs identified in subsequent years. To evaluate any such changes in cost, the City will direct and pay for an audit to establish year 2010 and year 2014 Franchisee’s cost and revenue. The audit will include, but will not necessarily be limited to, quantifying increased cost of processing commercial organics, if any; quantifying revenue collected as a result of this exclusive Franchise Agreement; and itemizing costs associated with processing of Compostable Materials at the South Valley Organics facility. Franchisee will provide the City with annual reports (by March 2 each year, for the period of January 1 through December 31 of that year) using the same metrics as used in the City’s audit, and showing Franchisee’s actual costs to process Compostable Materials. Franchisee will assist and accommodate City directed and paid audits as necessary to determine any incremental rate increases that may be necessary to fund the Compostable Materials processing services. After providing actual costs and projections, Franchisee may prepare a written request for a rate increase for the City Council’s consideration. Increases in revenues to Franchisee 194 Page 13 of 15 First Amendment to Recology Franchise Agreement August 26, 2014 from sale of Recyclable Materials and from sale of products produced from Compostable Materials shall be used to offset the increases in Compostable Materials Processing costs. If Franchisee does not request a rate increase within ninety (90) calendar days of the contract year, in any given year of this Agreement, Franchisee waives any claim for compensation for that year in subsequent years. The City retains the right to approve, disapprove or modify any rate increase proposal. Franchisee waives any claim for any additional compensation or other damages, known or unknown, under the Agreement for services performed prior to November 1, 2014. Franchisee waives the provisions of Civil Code section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” 5. Article 17 – General Provisions, Section 17.22, is modified to read as follows: 17.22 Entirety: Agreement and Exhibits – The Agreement dated May 18, 2010 and this First Amendment represent the entire Agreement of City and Franchisee with respect to the services to be provided under the Agreement and supersedes and merges all prior written and oral statements, proposals, representations and agreements between the parties. The May 18, 2010 Exhibits A, C, D, E, F, I, J & K and amended September 2, 2014 Exhibits B, G & H are hereby incorporated into this Agreement and made a part of this Agreement as though fully set forth herein. 195 Page 14 of 15 First Amendment to Recology Franchise Agreement August 26, 2014 6. Exhibits – Exhibits B, G, and H, amended dated September 2, 2014 (attached) hereby replace Exhibits B, G, and H to the Agreement. Any reference to the following Exhibits in the Agreement or Amendment refers to the Exhibit amended dated September 2, 2014: Exhibit B – Schedule of Approved Maximum Rates Exhibit G – Reporting Requirements Exhibit H – Diversion Goals 7. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. 196 Page 15 of 15 First Amendment to Recology Franchise Agreement August 26, 2014 IN WITNESS WHEREOF, the parties hereto have caused this amendment of Agreement to be executed. Recology Cupertino CITY OF CUPERTINO A Municipal Corporation By____________________________ By ____________________________ City Manager, David Brandt Title____________________________ Date____________________ APPROVED AS TO FORM: By ___________________________ City Attorney, Carol Korade ATTEST: By _____________________________ City Clerk, Grace Schmidt 197 EXHIBIT B: Amended September 2, 2014 SCHEDULE OF APPROVED MAXIMUM RATES Recology Maximum Rates for the City of Cupertino Effective November 1, 2014 B.1. RESIDENTIAL SERVICE Service Description Maximum Rate SINGLE FAMILY (Monthly Rate): Curbside 1 32-gallon cart $ 23.40 Curbside 1 64-gallon cart $ 46.81 Curbside 1 96-gallon cart $ 70.21 Curbside Each Additional Cart $ 23.40 Walk-up 1 32-gallon cart $ 35.97 Walk-up 1 64-gallon cart $ 71.93 Walk-up 1 96-gallon cart $ 107.90 Walk-up Each Additional Cart $ 35.97 Additional Organics/YW Cart No Charge HILLSIDE (Monthly Rate): Roadside 1 32-gallon cart $ 38.71 Roadside 1 64-gallon cart $ 77.42 Roadside 1 96-gallon cart $ 116.13 Roadside Each Additional Cart $ 38.71 DUPLEX/MULTIPLE UNITS & YARDWASTE EXEMPT (Monthly Rate) Front 1 32-gallon cart $ 19.79 Front 1 64-gallon cart $ 39.59 Front 1 96-gallon cart $ 59.38 Front Each Additional Cart $ 19.79 Back 1 32-gallon cart $ 30.61 Back 1 64-gallon cart $ 61.22 Back 1 96-gallon cart $ 91.84 SENIOR CITIZENS (Monthly Rate): Frontyard/Backyard 1 32-gallon cart $ 11.10 Exempt (No Yardwaste) 1 32-gallon cart $ 9.40 Hillside 1 32-gallon cart $ 18.37 ADDITIONAL CHARGES: Extra Bag Tag $ 6.81 10 Bag Tags $ 64.75 Extra Can (1-Time) $ 11.73 24HR CONTAINER SERVICE: Bin By The Day 4 Yard $ 151.34 198 B.1. RESIDENTIAL SERVICE Service Description Maximum Rate Bin By The Day 6 Yard $ 185.35 Bin By The Day 7 Yard $ 202.36 MANURE SERVICE (Monthly Rate): Manure - 1 CY 1X Week Service $ 201.88 Manure - 1 CY 2X Week Service $ 423.74 Manure - 1 CY 3X Week Service $ 645.76 Manure - 1 CY 4X Week Service $ 867.74 Manure - 1 CY 5X Week Service $ 1089.94 Manure - 1 CY Extra Pick-up $ 77.21 HOUSEHOLD HAZARDOUS WASTE FEE (Monthly Rate): Single-Family Residence (including units in Multi-Family Residences that subscribe for individual MSW cart service) $ 0.50 Multi-Family Residence (Per unit, for units that do not subscribe for individual MSW cart service) $ 0.38 LATE CHARGE FEE: 1.2% Per Month Delinquent (Not Compounded) 199 B.2. NON RESIDENTIAL AND MULTI-FAMILY GARBAGE SERVICE AND NON RESIDENTIAL AND MULTI-FAMILY COMPOSTABLE MATERIALS SERVICE * * Non-Residential & Multi-Family Garbage service and Non-Residential & Multi-Family Compostable Materials service shall never cost more than the rates for Commercial Garbage service for the same quantity of material Service Description Frequency Maximum Rate FRONT LOADER CONTAINERS (Monthly Rate): 1.5 CY Container 1X Week Service $ 136.49 1.5 CY Container 2X Week Service $ 273.02 1.5 CY Container 3X Week Service $ 409.51 1.5 CY Container 4X Week Service $ 546.02 1.5 CY Container 5X Week Service $ 682.53 1.5 CY Container 6X Week Service $ 819.00 1.5 CY Container Extra Pick-up $ 42.33 2 CY Container 1X Week Service $ 163.82 2 CY Container 2X Week Service $ 327.59 2 CY Container 3X Week Service $ 491.43 2 CY Container 4X Week Service $ 655.19 2 CY Container 5X Week Service $ 819.00 2 CY Container 6X Week Service $ 982.80 2 CY Container Extra Pick-up $ 52.90 3 CY Container 1X Week Service $ 218.40 3 CY Container 2X Week Service $ 436.81 3 CY Container 3X Week Service $ 655.19 3 CY Container 4X Week Service $ 873.63 3 CY Container 5X Week Service $ 1,092.02 3 CY Container 6X Week Service $ 1,310.42 3 CY Container Extra Pick-up $ 57.85 4 CY Container 1X Week Service $ 273.02 4 CY Container 2X Week Service $ 546.02 4 CY Container 3X Week Service $ 819.00 4 CY Container 4X Week Service $ 1,092.02 4 CY Container 5X Week Service $ 1,365.05 4 CY Container 6X Week Service $ 1,638.02 4 CY Container Extra Pick-up $ 72.14 6 CY Container 1X Week Service $ 382.20 6 CY Container 2X Week Service $ 764.41 6 CY Container 3X Week Service $ 1,146.61 6 CY Container 4X Week Service $ 1,528.81 6 CY Container 5X Week Service $ 1,911.03 6 CY Container 6X Week Service $ 2,293.25 200 B.2. NON RESIDENTIAL AND MULTI-FAMILY GARBAGE SERVICE AND NON RESIDENTIAL AND MULTI-FAMILY COMPOSTABLE MATERIALS SERVICE * * Non-Residential & Multi-Family Garbage service and Non-Residential & Multi-Family Compostable Materials service shall never cost more than the rates for Commercial Garbage service for the same quantity of material Service Description Frequency Maximum Rate 6 CY Container Extra Pick-up $ 100.39 8 CY Container 1X Week Service $ 491.43 8 CY Container 2X Week Service $ 982.80 8 CY Container 3X Week Service $ 1,474.24 8 CY Container 4X Week Service $ 1,965.05 8 CY Container 5X Week Service $ 2,457.03 8 CY Container 6X Week Service $ 2,948.43 8 CY Container Extra Pick-up $ 129.84 *Pushout Container 1X Week Service $ 48.06 Pushout Container 2X Week Service $ 96.38 Pushout Container 3X Week Service $ 144.29 Pushout Container 4X Week Service $ 192.50 Pushout Container 5X Week Service $ 240.67 Pushout Container 6X Week Service $ 288.95 * Container Pushout charges shall only apply to containers moved more than 25-feet to get them to the truck. Key Service (service includes unlocking and locking receptacle) $ 53.52 COMMERCIAL CART RATE: Per Cart Pickup $ 21.69 SPECIAL SERVICES: Steam cleaning and re-delivery of bin [shall be provided once each year without charge], Furnishing Chains (One Time Only) Commercial $ 83.95 Multi-Family $ 92.11 LATE CHARGE FEE: 1.2% Per Month Delinquent (Not Compounded) 201 B.3. COMPACTOR SERVICE Service Description Maximum Rate GARBAGE COMPACTOR RATE (Per Cubic Yard) (Monthly Rate): $ 38.56 COMPACTOR RATE-MIXED RECYCLABLE: Hauling Only $ 353.94 Per Ton $ 56.35 GARBAGE AND RECYCLING COMPACTOR RATES Description Amount Processor Dirty Garbage Compactor Rates Per Yard Per Pull $ 38.06 Newby N/A Mixed Recycling Compactor Rates Per Pull $ 353.94 BFI $ 468.09 Mixed Recycling Compactor Rates Per Ton $ 56.35 BFI $ 82.41 202 B.4. DEBRIS-BOX SERVICE DEBRIS-BOX (UNCOMPACTED) SERVICE (Monthly Rate): 8 Yard Rock Box 6 Tons $ 700.96 8 Yard Rock Box Each Additional Ton $ 73.84 16 Yard Debris Box 3 Tons $ 397.01 16 Yard Debris Box Each Additional Ton $ 73.84 20 Yard Debris Box 4 Tons $ 467.32 20 Yard Debris Box Each Additional Ton $ 73.84 26 Yard Debris Box 4 Tons $ 607.52 26 Yard Debris Box Each Additional Ton $ 73.84 30 Yard Debris Box 5 Tons $ 718.34 30 Yard Debris Box Each Additional Ton $ 73.84 40 Yard Debris Box 6 Tons $ 766.30 40 Yard Debris Box Each Additional Ton $ 73.84 WEEKLY RENTAL FEE (Beyond Normal 7 Days): $ 138.81 LATE CHARGE FEE: 1.2% Per Month Delinquent (Not Compounded) SOURCE SEPARATED RECYCLING*: 08DOR 08DOR 16-40DOR 16-40DOR Clean Dirt Clean Concrete Asphalt Clean Wood Sheet Rock Haul Rate $ 411.45 $ 411.45 $ 411.45 $ 411.45 Recycling Rate per ton $ 29.62 $ 20.85 $ 39.50 $ 41.69 *Note: Source Separated Recycling Loads will be charged the regular box rate if contaminated or mixed OTHER MISCELLANEOUS RATES Description Code Amount Daily Rental Rate For Boxes Beyond 7 Days RENT $ 21.94 Weekly Rental Rate For Boxes Beyond 7 Days RENT $ 138.81 Trip Charge For Empty Debris Box/Compactor (No Dump) TRIP $ 82.29 Dry Run, Scheduled Service Bin Empty TRIP $ 164.58 Relocate Container After Initial Delivery RELOC $ 82.29 Same Day Cancelation (No Dump) CANCL $ 54.86 Steam Clean after exchange bring back to yard TRIP 164.58 EXHIBIT B SHALL BE REVISED TO REFLECT ANNUAL RATE ADJUSTMENTS PER THE CPI FORMULA SPECIFIED IN THIS AGREEMENT 203 EXHIBIT G: REPORTING REQUIREMENTS (Amended September 2, 2014) 1. Monthly Reports. Franchisee shall submit, within twenty (20) calendar days following the end of each month, a Monthly Report on the amount of Recyclable Materials collected, Compostable Materials collected, Garbage collected and disposed, and materials collected at City-wide recycling events. To support the City’s participation in the U.S. EPA Food Recovery Challenge, the data on Compostable Materials diverted from landfill shall include a breakdown between food waste and yard waste in both tonnage and cubic yards (by weight and volume). Franchisee will provide a separate monthly report for Multi-Family Dwelling Units and Non-Residential Services, describing the levels of service for recyclables and compostables subscribed for and the number of tons and cubic yards that were diverted from landfill as a result of Composted Materials and Recyclable Materials collected by Franchisee. This information shall meet the reporting requirements of the California Integrated Waste Management Act, as such Act may from time to time be amended. In addition to the information required by the California Integrated Waste Management Act, each Monthly Report shall include the information described in Section 2 of this EXHIBIT G. Franchisee shall provide these reports electronically only, in an editable format approved by City, such as Excel or Word. 1.1 Monthly Summary. The Monthly Report shall contain a summary of the information reported pursuant to Section 1 of this EXHIBIT G. Reports shall also contain a description of milestones achieved; changes in staffing levels; a listing of special occurrences such as any drop in tons diverted from the previous month due to contamination; and any other relevant information, including details of any City- wide Recycling Days which occurred during that month. 1.2 Monthly Report on Debris Box and Compactor Revenue and Disposal Cost. The Monthly Report shall detail separately the monthly tonnage and revenue collected from both Debris Boxes and Compactors (this revenue is excluded from Eligible Revenue). In addition the Monthly Report shall set forth separately for Debris Boxes and Compactors, the landfill disposal costs for all loads excluded from the Eligible Revenue and for which Franchisee reimburses the City. 1.3 Sales of Recyclable Materials and Compostable Materials. The Monthly Report shall contain a Monthly Recyclable Materials and Compostable Materials sales statement showing: type of material, the name of each buyer, date of sale, terms of sale, quantity sold (in tons or cubic yards), and net sales (net sales means gross sales minus both sales returns and sales 204 allowances). Tonnages sold at different prices during the month must be reported separately. Adjustments to previous months’ sales (such as for contaminants) shall be reported on the current statement as a reduction in sales and referenced to the statement for the prior month in which the original sale was actually reported. Franchisee shall provide City, in each Monthly Report, a list of addresses for all households that have received a backyard Compost Bin during the month covered by such Monthly Report. 1.4 Contaminants. The Monthly Report shall include a statement of the weight (in tons) of contaminants in the Recyclable Materials and Compostable Materials collected during the month, the weight of the contaminants expressed as a percentage of the Recyclable Materials and Compostable Materials collected, and a description of the disposal methods for the contaminants. Franchisee shall provide, in each Monthly Report, a list of the Service Recipients’ business name, account holder’s name and contact information, and the address where a driver has observed a contaminated load of Recyclable Materials or Compostable Materials. The Monthly Report shall also providethe size of the contaminated load in cubic yards and the contaminants observed. 1.5 Problems Encountered. The Monthly Report shall include a narrative account of problems encountered during the reporting period in connection with Recyclable Materials and Compostable Materials collection (including scavenging), processing and/or marketing, a list of Non-Residential Service Recipients that declined to accept Compostable Materials or Recyclable Materials collection, the reasons Non- Residential Service Recipients gave when asked why they declined to accept Compostable Materials or Recyclable Materials service, and the actions taken by Franchisee in response. The narrative shall include a description of problems relating to non-collection because of contamination in the Recyclable Materials Containers and Compostable Materials Containers or because of blocked access. The narrative shall also include a description of Recyclable Materials and Compostable Materials rejected for sale after processing (by type of material and tonnages), reason(s) for rejection, and Franchisee’s disposal method for the rejected load. 1.6 Public Education Activities. The Monthly Report shall include a description of the public education and community relations activities performed by Franchisee during the month and Franchisee’s evaluation of the success of such activities in promoting the Programs or in addressing problems encountered by Franchisee. 205 1.7 Service Log. The Monthly Report shall contain a copy of Franchisee’s telephone and complaint log, and include the name and address of each caller, the reason for the call, details on each complaint and a description of how each complaint was resolved. The Monthly Report shall contain a list of all pickups missed during the reporting period, with a description of the response to each call. 1.8 New Service Recipients. The Monthly Report shall contain a listing of all new Service Recipients, including their name, address and level of service. 1.9 Non-Residential Compostable Materials Service Recipients. The Monthly Report shall include a list of all Non-Residential Service Recipients that subscribe to Compostable Materials collection service, the date the Franchisee first visited the Non-Residential Service Recipient to ask them to subscribe to this service, the date Compostable Materials collection service started, the size of Compostable Materials Container(s) and the frequency of collection. If a Non-Residential Service Recipient has declined to subscribe to Compostable Materials service, Franchisee will provide the date the service was declined. 1.10 Loads Rejected by the Processor The Monthly Report shall include a list of Non-Residential loads of (compostable materials, recyclable materials or garbage) that are rejected by the processor, the date that the load was rejected, the Service Recipient’s name and address, the type of material collected and the reason that the material was rejected. 1.11 Monthly Tonnage for Re-TRAC to support City’s participation in U.S. EPA’s Food Recovery Challenge. Franchisee will enter in the Re-TRAC database, monthly tonnage for materials landfilled, materials recycled, yard waste composted and food waste composted. 2. Compost Quality Reports. On April 1 and October 1 of each year of this Agreement, Franchisee shall provide City with copies of Laboratory reports on the quality of the Compost Materials produced from the Compostable Materials collected in City sometime in the prior three months, and on the compost materials provided to City as required in Section 8.1 of this Agreement. 206 3. Annual Reports. 3.1 Annual Report Submitted By Franchisee. To be consistent with CalRecyle’s Annual Report periods, Franchisee shall provide its annual report to the City for the calendar year. Within 60 days following the end of each calendar year, Franchisee shall provide City with an Annual Report containing: a summary report of the Monthly Reports for the year, including information on the total annual quantities of Garbage collected and disposed, Recyclable Materials collected, and Compostable Materials collected. The Annual Report shall detail the Compostable Materials collected broken down by the tonnage and cubic yards of food waste collected and the tonnage and cubic yards of yard waste collected. The Annual Report shall also contain a discussion of public awareness activities and their impact on recycling participation and recovered amounts, and a discussion of highlights and other noteworthy program experiences, along with measures taken to resolve problems, increase efficiency, and increase participation. The Annual Report shall also contain a detailed discussion of the progress made during the year toward meeting a sixty-five percent (65%) diversion rate for Non Residential Service Recipients and for multi-family sectors as calculated in Exhibit H.2. 3.2 Vehicle Fleet Information. Each year of the term of this Agreement, Franchisee shall submit to City, as an attachment to the Annual Report, all information required by Section 6.1.6 of this Agreement. 3.3 Audited Financials. After the end of each fiscal year of Franchisee, Franchisee shall submit to City a copy of its audited financial statements for such year. Such audited financials shall include all of Franchisee’s revenues under this Agreement during such fiscal year. 4. End of Agreement Reports. Reports covering the last period of this Agreement will be due following the end of collection services, on the schedule stated in this EXHIBIT G. 207 208 Amended September 2, 2014 Actual calculations for subsequent years shall be based upon CalRecycle’s annual municipal data collected in August of each year for the preceding calendar year (for example, data for 2013 is collected in August 2014). H.2 Calculation to determine the City’s diversion rate for 2015 for Commercial and Multi-Family collection services. Diversion shall be calculated using the following formula: (A + B) / (A + B + C) = Diversion percentage for Commercial and Multi-Family A = Tons of recycled Commercial and Multi-Family materials B = Tons of composted Commercial and Multi-Family materials C= Tons of Commercial and Multi-Family material landfilled Residue from processing recyclables and compostables that are landfilled shall be counted in the tons of commercial and multi-family material landfilled, not as tonnage recycled or composted. H3. Expanded Diversion Program Features Single-Family Residential Services: • Provide each residential customer with a dishwasher- safe, container having a seal-tight lid. These containers can be used for the in-home storage of compostable organic materials. The seal-tight lid will prevent odors and the dishwasher compatible container will be convenient for residents to clean and maintain. • Single-stream collection of commodities listed below at “Recyclable Commodities” • Curbside collection of CFL bulbs in clear zip lock bags • Curbside collection of dry cell batteries and cell phones in clear zip lock bags • Curbside collection of used motor oil in 1-gallon containers and used oil filters in clear zip lock bags • Curbside collection of E-waste and U-Waste through on-call collection programs • On-call collection of material and diversion of all recyclable and reusable materials • Curbside collection of cooking oil, in 1-gallon containers marked as “Cooking Oil” • Curbside collection of “Coats for Kids” every fall • Provide up to 400 Bio-Stack composting bins in Year 1 of the contract extension • Provide a twice-per-year “Environmental Day” for the collection of recyclable commodities listed below at “Recyclable Commodities” • Distribute public outreach material highlighting the new and expanded recyclables and organics collection programs 209 Amended September 2, 2014 • By October 1, 2015, develop a three-minute “How to Utilize Your Organics and Recycling Cart” video for viewing on the City of Cupertino Cable access channel and for schools Multi-Family Residential Services: • Conversion to single-stream collection of commodities listed below at “Recyclable Commodities” • Contact management of every MFD complex in the first year of the contract extension to initiate or expand recycling services • Provide to each MFD unit whose complex participates in the organics collection service, a dishwasher- safe, pitcher having a seal-tight lid, for the in-home storage of compostable organic materials • Provide each MFD unit with a “Recycling Tote Bag” for the in-home storage of single- stream recyclables • Collection of E-waste and U-Waste through on-call collection programs • Provide drop-off containers at MFD management offices for dry cell batteries and cell phone recycling • Arrange HOA presentations on the new and expanded recyclables and organics collection programs • Distribute public outreach material highlighting the new and expanded recyclables and organics collection programs • By December 31, 2014, conduct a Recycling Blitz at large multi-family developments. Recology Zero Waste Coordinators and Management will visit buildings on Saturdays to distribute “Buddy Bags” to help residents sort recyclables, along with a brochure guide • By October 1, 2015, develop a three-minute “How to Utilize Your Organics and Recycling Cart” video for viewing on the City of Cupertino Cable access channel and for schools Commercial Services: • Conversion to single-stream collection of commodities listed below at “Recyclable Commodities” • Contact every commercial customer in the first year of the contract extension to initiate or expand recyclables and organics collection services • Provide each commercial customer that participates in the organics collection program with an optional “Slim Jim’ container for the indoor accumulation of organics materials • Arrange presentations of expanded recycling programs at civic groups, schools, community functions, city events, City and Recology websites, and the City access channel • Distribute public outreach material highlighting the new and expanded recyclables and organics collection programs 210 FRANCHISE AGREEMENT between the CITY OF CUPERTINO and RECOLOGY CUPERTINO for COLLECTION AND PROCESSING OF RECYCLABLE AND COMPOSTABLE MATERIALS, AND THE COLLECTION AND DISPOSAL OF GARBAGE May 18, 2010 Way 18, 2010 cunennwCo!@oownAP•ee"e".e 211 TABLE OF CONTENTS ARTICLE1 DEFINITIONS .......................................................................................... ..............................2 1.1.Agreement ...................................................................................................... ............................... 2 1.2.Bin -by- the -Day Service .................................................................................. ............................... 2 1.3.Bulky Goods ................................................................................................... ............................... 2 1.4.City ................................................................................................................. ............................... 2 1.5.City Representative ........................................................................................ ............................... 2 1.6.Compactor Service ......................................................................................... ............................... 2 1.7.Compostable Materials .................................................................................... ..............................2 1.8.Compostable Materials Collection .................................................................. ..............................3 1.9.Compostable Materials Containers ................................................................ ............................... 3 1.10. Compostable Materials Processing ............................................ ..............................3 1.11. Composting ...................................................................................................... ..............................3 1.12. Construction and Demolition Debris ............................................................... ..............................3 1.13. Debris Box Service .......................................................................................... ..............................3 1.14. Eligible Revenue ................................................................. ..............................3 1.15. Excess Service ................................................................................................. ..............................3 1.16. Extra Services ................................................................................................. ............................... 3 1.17 E- Waste .......................................................................... ..............................3 1.18. Force Majeure .................................................................................................. ..............................4 1.19. Franchise Area ................................................................................................ ..............................4 1.20. Franchisee ....................................................................................................... ..............................4 1.21. Garbage ........................................................................................................... ..............................4 1.22. Garbage Containers ........................................................................................ ..............................4 1.23. Hazardous Material ....................................................................................... ..............................4 1.24. Household Hazardous Waste Collector ................................... ............................... 4 1.25. Household Hazardous Waste Program....... .............................. ............................... 4 1.26. Holidays ........................................................................................................... ..............................4 1.27. Municipal Code .................................................................. ..............................4 1.28. Non- Collection Notice .................................................................................... ............................... 5 1.29. Non - Residential Garbage Containers .............................................................. ..............................5 1.30. Non - Residential Service Recipient ................................................................. ............................... 5 1.31. Recyclable Materials ...................................................................................... ............................... 5 1.32. Recyclable Materials Containers .................................................................... ............................... 5 1.33. Residential Service Recipient ......................................................................... ............................... 5 1.34. Roll -Off Service ............................................................................................. ............................... 5 1.35. Schedule of Approved Maximun Rates .......................................................... ............................... 5 1.36. Service Recipient ............................................................................................ ............................... 5 1.37. Solid Waste Fund Operations Fee ................................................................... ..............................5 1.38.Source Separated ............................................................................................ ............................... 6 1.39. Universal Wastes ............................................................... ............................... 6 1.40. Walk up Service ............................................................................................... ..............................6 1.41. Working Day .................................................................................................. ............................... 6 ARTICLE TERM OF AGREEMENT ..................................................................... ............................... 6 2.1 Term ............................................................................................................... ............................... 6 2.2 Option to Extend Term .................................................................................. ............................... 6 911ay 18, 2010 Cupertino - Collection Agreement 212 ARTICLE3 EXCLUSIVE PRIVILEGE .................................................................. ..............................6 3.1 Grant of Exclusive Franchise to Franchisee .................................................. ............................... 6 3.2 Exceptions ..................................................................................................... ............................... 7 3.3 Recycling Options of Service Recipients ...................................................... ............................... 7 3.4 Commingling of Garbage, Recyclable and Compostable Materials ............. ............................... 7 3.5 Use of Recycled Products .............................................................................. ............................... 8 ARTICLE 4 COLLECTION SERVICES ................................................................... ............................... 8 4.1 General Provisions ......................................................................................... ............................... 8 4.2.Holiday Service ............................................................................................. ............................... 9 4.3.Residential Recyclable Materials Collection ................................................ ............................... 9 4.4.Residential Compostable Materials Collection ........................................... ............................... 10 4.5.Residential Garbage Collection ........... ...............................12 4.6.Missed Pick - Ups .......................................................................................... ............................... 13 4.7 Non- Residential Garbage Bin Service ......................................................... ............................... 13 4.8 Non - Residential Recyclable Materials Collection ...................................... ............................... 14 4.9 Non - Residential Compostable Materials Collection ................................... ............................... 14 4.10 Debris Box, Compactor and Bin -by- the -Elay Services ................................ ............................... 15 4.11 City -Wide Recycling Events ....................................................................... ............................... 16 4.12 On -Call Collection Services ........................................................................ ............................... 16 4.13 Services to City ............................................................................................ ............................... 16 4.14 Service Recipient Changes .......................................................................... ............................... 16 4.15 Subcontractors ............................................................................................. ............................... 16 4.16 Time of Collection ....................................................................................... ............................... 16 4.17 Hazardous Household Waste Collection ................................... .............................16 ARTICLE 5 COLLECTION ROUTES ..................................................................... ............................... 17 5.1 Collection Route Information ...................................................................... ............................... 17 5.2 Collection Route Changes ........................................................................... ............................... 17 5.3 Route Audits ................................................................................................ ............................... 17 ARTICLE 6 COLLECTION EQUIPMENT ............................................................ ............................... 17 6.1 EquipmentSpecifications .......................... ARTICLE GARBAGE DISPOSAL ........................................................................ ............................... 19 7.1 Franchisee's Responsibility ......................................................................... ............................... 19 ARTICLE 8 RATES OF COMPOST TO CITY ...................................................... ............................... 19 8.1 Return of Compost ....................................................................................... ............................... 19 ARTICLE 9 ADDITIONAL SERVICES .................................................................. ............................... 19 9.1 Customer Relations Services ....................................................................... ............................... 19 9.2 Public Education & Outreach ...................................................................... ............................... 20 9.3 Additional Recyclable Materials ................................................................. ............................... 20 9.4 Emergency Services ...................................................................................... .............................21 9.5 Disruption of Services ................................................................................ ............................... 22 ARTICLE 10 REPORTING REQUIREMENTS ................................................... ............................... 23 10.1 General Reporting Requirements ............................................................... ............................... 23 May I8, 2010 Cupertino- CofrectionAgreement 213 10.2 Service Recipient Database ......................................................................... ............................... 23 10.3 Transfer of Data ........................................................................................... ............................... 23 ARTICLE 11 SERVICE RATES & PAYMENTS .................................................. ............................... 23 11.1 Rates to Service Recipients ......................................................................... ............................... 23 11.2 Non - Subscription On- Premises Services ..................................................... ............................... 23 11.3 Maximun Rate Adjustments to Service Recipients ..................................... ............................... 24 11.4 Billing ............................................................................................................ .............................24 11.5 Payments by Service Recipients ........................................... ............................... 24 11.6 Payments to City ............................................................... .............................24 ARTICLE 12 FRANCHISEE'S COMPENSATION ............................................. ............................... 25 12.1 Franchisee's Compensation ......................................................................... ............................... 25 12.2 Annual Maximum Rate Adjustments .......................................................... ............................... 25 12.3 Special Maximum Rate Adjustments .......................................................... ............................... 25 12.4 Rate Request for Compostable Materials Processing ...................... .............................26 12.5 Liquidated Damages .................................................................................. ............................... 26 12.6 Adjustments for Damages ........................................................................... ............................... 27 12.7 Household Hazardous Waste Fee .................................................................. .............................27 12.8 Change in City Fees ...................................................................................... .............................28 ARTICLE 13 PERFORMANCE BOND ................................................................ ............................... 28 13.1 Faithful Performance Bond ........................................................................ ............................... 28 13.2 City's Rights .................................................................................................. .............................28 ARTICLE 14 INSURANCE REQUIREMENTS ...................................................... .............................29 14.1 Insurance Policies .......................................................................................... .............................29 14.2 Endorsements ................................................................................................. .............................29 14.3 Acceptability Of Insurers ............................................................................. ............................... 29 14.4 Verification Of Coverage ............................................................................ ............................... 30 14.5 Subcontractors ............................................................................................. ............................... 30 14.6 Modification of Insurance Requirements ...................................................... .............................30 14.7 Insurance Reimbursement ..................................................... .............................30 ARTICLE 15 INDEMNIFICATION ....................................................................... ............................... 30 15.1 Indemnification and Hold Harmless ............................................................ ............................... 30 15.2 Defense ........................................................................................................ ............................... 30 15.3 Exception ....................................................................................................... .............................30 15.4 Damage by Franchisee ................................................................................. ............................... 31 ARTICLE16 TERMINATION ................................................................................ ............................... 31 16.1 Franchisee's Default .................................................................................... ............................... 31 16.2 Authority to Terminate ................................................................................ ............................... 32 16.3 Termination Cumulative .............................................................................. ............................... 32 16.4 City's Default .............................................................................................. ............................... 32 16.5 Force Majeure .............................................................................................. ............................... 32 ARTICLE 17 GENERAL PROVISIONS ................................................................ ............................... 32 17.1 Service Standards ........................................................................................ ............................... 32 Way 18, 2010 Cupertino- CoffectionAgreement 214 17.2 Labor and Equipment .................................................................................. ............................... 32 17.3 Assignment .................................................................................................. ............................... 32 17.4 Successors and Assigns ............................................................................... ............................... 33 17.5 Independent Contractor ............................................................................... ............................... 33 17.6 Name .............................................................................................................. .............................33 17.7 Law to Govern ............................................................................................. ............................... 33 17.8 Venue ............................................................................................................. .............................33 17.9 Compliance with Law .................................................................................. ............................... 33 17.10 Permits and Licenses ................................................................................... ............................... 33 17.11 Ownership of Written Materials .................................................................. ............................... 34 17.12 Waiver ......................................................................................................... ............................... 34 17.13 Notices ......................................................................................................... ............................... 34 17.14 Transition to Next Franchisee ..................................................................... ............................... 35 17.15 City Representative ...................................................................................... ............................... 35 17.16 Franchisee's Records ................................................................................... ............................... 35 17.17 Use of Recycled Products ............................................................................ ............................... 35 17.18 Amendment .................................................................................................... .............................35 17.19 Paragraph Headings ..................................................................................... ............................... 35 17.20 Drafting .......................................................................................................... .............................35 17.21 Severability ................................................................................................... .............................35 17.22 Entirety: Agreement and Exhibits ............................................................... ............................... 36 17.23 Nondiscrimination ...................................................................................... ............................... 36 17.24 Attorney's Fees ........................................................................................... ............................... 36 17.25 Dispute Resolution ..................................................................................... ............................... 36 EXHIBIT A: RECYCLABLE & COMPOSTABLE MATERIALS .................... ............................... 38 EXHIBIT B: SCHEDULE OF APPROVED MAXIMUM RATES .................... ............................... 40 B.1.Residential Service Rates B.2.Non - Residential Service Rates B.3.Compactor Rates B.4.Debris Box EXHIBIT C: PUBLIC EDUCATION AND OUTREACH PLAN ....................... ............................... 45 EXHIBIT D: CITY -WIDE RECYCLING EVENTS ............................................ ............................... 49 EXHIBIT E: ON -CALL COLLECTION SERVICES .......................................... ............................... 50 EXHIBIT F: CITY FACILITIES SERVICES ...................................................... ............................... 51 EXHIBIT G: REPORTING REQUIREMENTS ................................................... ............................... 52 EXHIBIT H: DIVERSION GOALS ........................................................................ ............................... 55 EXHIBIT I: HOUSEHOLD HAZARDOUS WASTE PROGRAM ................... ............................... 60 EXHIBIT J: FORMULA FOR DETERMINING ANNUAL RATE ADJUSTMENTS ................... 61 9Kay 18, 2010 Cupertino- CoffectionAgreement 215 EXHIBIT K: CURBSIDE HOUSEHOLD HAZARDOUSWASTE PROPOSAL ............................62 Way I8, 2010 Cupertino - Collection Agreement 216 RESOLUTION NO. 10 -097 A RESOLUTION OF THE CITY OF CUPERTINO APPROVINGAND AUTHORIZING EXECUTION OF A FRAIVCHISE AGREEMENTBETWEEN THE CITY OF CUPERTINO AND RECOLOGY CUPERTINO WHEREAS, the City Council of the City of Cupertino is committed to recycling and diversion and regulates the collection, reuse and disposal of recyclables, compostable materials, demolition and construction debris and garbage toprotect the physical health and safety of its inhabitants; and, WHEREAS, the City is acting under clearly expressed policies of the State of California empowering Cities to regulate the collection, reuseand disposal of recyclables, compostable materials and garbage; and, WHEREAS, the City and Franchisee desire to enter into a Franchise Agreement for the collection and processing of recyclable and compostable materials, and the collection and disposal of garbage generated in City: NOW, THEREFORE, the City Council of the C ity of Cupertino resolves as follows: 1.Public interest and the physical health and safety of its inhabitantsrequire City to enter into the Agreement described above. 2.The City Council hereby approves the Franchise Agreement between the City of Cupertino and Recology Cupertino for the Collection and Processing of Recyclable and Compostable Materials, andthe Collection and Disposal of Garbage and the Mayor is hereby authorized on behalf of the City to execute the Agreement between City and Recology Cupertino. PASSED AND ADOPTED at the regularmeeting of the City Council of the City of Cupertino this 18"' day of May 2010, by the followingvote: Vote Members of the Citv Council AYES:Wang, Wong, Chang, Mahoney, Santoro NOES:None ABSENT:None ABSTAIN:None ATTEST:APPROVED: City Clerk 1 ayor, City of Cupertino 217 Franchise Agreement between the City of Cupertino and Recology Cupertino for Collection and Processing of Recyclaible and Compostable Materials, and the Collection andDisposal of Garbage This Franchise Agreement ( "Agreement ") forCollection and Processing of Recyclable and Compostable Materials, and the Collection and Disposal of Garbage is made and entered intothis 18"' day of May, 2010 by and between the City of Cupertino, a municipal corporation of the State of California ( "City ") and Recology Cupertino, a California corporation ( "Franchisee "). RECITALS A. The effective and orderlyhandling of Garbage is an essential component of public safety and health. Balanced regional Waste Management and planning must be maintained and developed so as to safeguard public health, optimize the use of limited iatural resourcesand insurethe efficient and orderly collection and processing of Recyclable and Compostable Materials and proper collection and disposal of Garbage. B.It is desirablethat the public recognizeits ultimate responsibility to reduce, recycle and dispose of all wastes in an environmentally sound manner and that collection and disposal rates must be established at levels which are commensurate with the cost of carrying outthat responsibility. C.Pursuant to powers expressly granted to cities and counties in Article XI, Section 7 of the California Constitution, andalso set forth in California. Public Resource Code Sections 40059 and 49300, City has the authority within its jurisdiction to regulate the handling of Garbage. City accordingly enters into this Agreement pursuant to the above authority and pursuant to City Municipal Code, Title 6, Chapter 6.24, section 6.24.010. D.The City and Franchisee haveagreed to a goal of 75% diversion of all materials collected byFranchisee within four years underthe terms of this Agreement. E.Franchisee is the currentexclusive franchisee in City for solid wasteand residential recyclable materials collection pursuant to the LOS ALTOS GARBAGE COMPANY FRANCHISE AGREEMENT dated December 4, 1995, as amended (the "Prior Franchise Agreement "). F.The parties have met and agreed to modify various provisions of the Prior Franchise Agreement and now desire to enter intothis new Agreement to incorporate such modifications into this Agreement. As of November 1, 2010, this Agreement shall supersede and replacein its entirety the Prior Franchise Agreement. Way 18, 2010 1 Cupertino- CofrectionAgreement218 AGREEMENT In consideration of the mutual covenants, agreementsand conditions contained herein, the parties agree as follows: ARTICLE 1 DEEFINITIONS The definitions set forth in this Article 1 shall govern the interpretation of this Agreement. 1.1. Agreement - "Agreement" shall mean this Franchise Agreement between the City of Cupertino and Franchisee forCollection and Processing of Recyclable and Compostable Materials, andthe Collection and Disposal of Garbage, as amended from time to time. 1.2. Bin -by- the -Day Service - "Bin -by- the -Day Service" means container service between one (1) and eight (8) cubic yards in size, for a period not to exceed seven (7) days, for the Collection and Processing of Recyclable and Compostable Materials, and the Collection and Disposal of Garbage. Bin -by- the -Day Services would beused by Service Recipientsto dispose of Bulky Goods and oversizedRecyclable Materials orCompostable Materials that do not fit into a Recyclable Materials Container or a Compostable Materials Container. For billing and compensation purposes, all Bin -by- the -Day Services are classified as Extra Services under this Agreement. 1.3. Bulky Goods - "Bulky Goods" means items that weigh morethan 50 pounds, are too large to fit into the appropriate wheeled cart or are difficult for one person to manage. Bulky Goods includes discarded furniture; carpets; mattresses; household appliances including refrigerators, ranges, washers, dryers, waterheaters, and dishwashers and other similar items (commonly known as white goods "); electronic equipment such as stereos, televisions, computers, VCRs and other similar items (commonly known as "brown goods "); and tires. Bulky Goods does not include any motor vehicle or any subassembly, component, or part thereof (except tires), and does not include Hazardous Material. 1.4. Qjy - "City" means the City of Cupertino. 1.5. City Representative - "City Representative" mimns the City Manager, or such City employee as the City Manager may designate. 1.6. Compactor Service - "Compactor Service" means collection service in containersthatcompact recyclable and compostable materials, and garbage. Compactor Services would generally be used by Service Recipients to dispose of materials that can easily be densifiedto increase the handling efficiencies; including wastes from apartments, fast food restaurants and large businesses. 1.7. Compostable Materials — "Compostable Materials" means organic materials generated from tree trimming, shrubbery pruning, vegetative garden wastes, dead plants, weeds, leaves, grass clippings, food and non -food vegetative matter, soiled paper, and cardboard and waxed cardboardthat decompose biologically, which are separated by theService Recipient from other materials for thepurpose of Composting, and includes without limitation those materials listed as Compostable Materials" in EXHIBIT A. 3fay 18, 2010 2 Cupertino- CoffectionAgreement219 1.8. Compostable Materials Collection - "Compostable Materials Collection" means the collection of Compostable Materials from Service Recipients as set forth in Section 4.4. 1.9. Compostable Materials Containers - "Compostable Materials Containers" means wheeled carts, and metal or plastic containers from one (1) to six (6) cubic yardsin size, provided to Service Recipients by theFranchisee for collection of Compostable Materials. 1.10. Compostable Materials Processing — "Compostable Materials Processing" means the processing of Compostable Materialsinto compost, mulch, wood chips, or other beneficial reusable material; and excludes incinerating the material or causingthe materialto be landfilled. 1.11. Composting - "Composting" means the controlled decomposition of organic materials, andthe production of a salable product from these materials. 1.12. Construction and Demolition Debris - "Construction and Demolition Debris" includes mixed debris and other materials resulting from the construction, remodeling or demolition of buildings and other structures; and includes concrete, asphalt, rock, dirt, wood, metal, roofing, drywall and other materials. 1.13. Debris Box Service - "Debris Box Service" means collection service in containers without compaction that are larger than eight (8) cubic yards. Debris boxes may be used for the collection of recyclable and compostable materials, or ga bage. DebrisBox Services would generally be used by Service Recipients to dispose of Bulky Goods, oversized Compostable Materials and Construction and Demolition Debris that would not fit into normalRecyclable and Compostable Materials, and Garbage Containers. 1.14. Eligible Revenue — "Eligible Revenue" means all revenues collected by Franchisee relating to the performance of this Agreement, including butnot limited to regular service fees, Excess Service and Extra Service fees; but excluding revenues from Roll -Off Debris Box and Compactor Services, the sale of Recyclable Materials and Compostable Materials, and from the Household Hazardous Waste Fee. Eligible Revenue is the revenueupon which theFranchisee pays the City a Solid Waste Fund Operations Fee to fund the operations and administration of the City's solid waste management, publiceducation, hazardouswaste disposal, landfill diversion, and recycling programs. 1.15. Excess Service - "Excess Service" means services which are requested by theService Recipient above the normal services, and which are provided at additional charge to the Service Recipient. Excess Service is provided to collect excess Garbage, as provided for in Section 4.5.3. 1.16. Extra Services - "Extra Services" means services which are requested by the Service Recipient abovethe normal services, and which are provided at additional charge to the Service Recipient. Extra Service consists of service to collect Garbage on a day other than the normal day of service as providedin Sections 4.5.4 and 4.7.2, and Debris Box Service, Compactor Service and Bin -by- the -Day Service. 1.17. E -Waste — "E- Waste" means consumer andbusiness electronic equipment that is near or at the end of itsuseful life or no longer wantedby its owner. Examples of e -waste include computers, entertainment device electronics, mobile phornes and items such as television sets. E -waste does not include appliancesthat contain Freon, such as refrigerators, freezers or air conditioners. Way 18, 2010 3 Cupertino- CoffectionAgreement220 1.18. Force Majeure - "Force Majeure" means acts of God, fire, landslides, storms, floods, earthquakes, epidemics, civil disturbances, strikes, lockouts or other industrialdisturbances, acts of the publicenemy, war, blockades, public riots, accidents toequipmentthat are not the fault of Franchisee through lack of maintenance, negligenceor otherwise, governmental restraint, unavailability of a disposal site, and any other event which could not with reasonable diligence be controlled or preventedby the party affected by the event. 1.19. Franchise Area - "Franchise Area" means the entire area within the city limits of City at the time of execution of the Agreement, and any areas that may be annexed to City during the term of this Agreement. 1.20. Franchisee - "Franchisee" means Recology Cu a California corporation. 1.21. Garbage - "Garbage" means allmaterials, substancesand objects that are discarded, including butnot restricted to, materials, substances and objects commonly referred to as "trash," garbage," "refuse" and "rubbish" that are produced, generated oraccumulated by 1 residential, commercial, industrial, institutional, municipal, agricultural orother inhabitants, premises or activities within the City; provided, however, that "Garbage" does not include (a) Hazardous Material, (b) Recyclable Materials (c) Compostable Materials, (d) Construction and Demolition Debris, (e) biomedical waste, (f) ash, and (g) sewage and other highly diluted water - carried materials or substances and those in gaseous form. 1.22. Garbage Containers - "Residential Garbage Containers" means wheeled carts provided by Franchisee or City for collection of Garbage from Residential Service Recipients. Franchisee shall not be required to collect Garbage from an approved Residential Garbage Container when the volume of Garbage exceeds the capacity of the Residential Garbage Container when the lid is closed. Residential Garbage Containers shall be available toResidential Service Recipients in 30 -35 gallon, 60 -65 gallon and 90 -96 galloncapacities. 1.23. Hazardous Material - "Hazardous Material" means any material or combination of materials which because of its quantity, concentration, or physical, chemical or infectious characteristics may either: (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial present or potential hazard tohuman health or environment when improperly treated, stored, transported or disposed of or otherwisemanaged. Hazardous Material includes, but is not limited to, hazardous wastes as defined under California or United States law or any regulationspromulgated pursuant to such laws, as such lawsor regulations may :_rom time to time be amended. 1.24. Household Hazardous Waste Collector — "Household Hazardous Waste Collector" means a company hired by Franchisee, and acceptable :o City, to provide on -call collection of household hazardous wastes from Residential Service Recipients. 1.25. Household Hazardous Waste Program — "Household Hazardous Waste Program" means the collection of household hazardous wastes from Residential Service Recipients (including Multi - Family Residential Service Recipients, the inil ial specifications of which are described in EXHIBIT 1. 1.26. Holidays - "Holidays" shall mean January 1, "Thanksgiving Day, and December 25. 1.27. Municipal Code — "Municipal Code" means the Municipal Code of the City of Cupertino. May 18, 2010 4 Cupertino- CoffectionAgreement221 1.28. Non - Collection Notice - "Non- Collection Notice" means a two -part form used to notify a Service Recipient of the reasons for the non - collection of Recyclable and Compostable Materials, or Garbage, set out bythe Service Recipient for collection by Franchisee pursuant to this Agreement. 1.29. Non - Residential Garbage Containers — "Non- Residential Garbage Containers" means metal or plastic bins of from 1 to 8 cubic yard capacity, provided byFranchisee for use by Non - Residential Service Recipients for garbage collection services under this Agreement. 1.30. Non - Residential Service Recipient - "Non- Residential Service Recipient" means a business, school, church or other commercial enterprise, which subscribes for service by Franchisee. Non - Residential Service Recipientsgenerating less than 96- gallons (up to three cans) of Garbage and Compostable Materials per weekmay subscribe for service as Residential Service Recipients. 1.31. Recyclable Materials - "Recyclable Materials" means those materialsthat can be returned to economic use as rawmaterial for new, reused or reconstituted products„ which are separated by the Service Recipient from othermaterials for the purpose of returning them to economic use and includes without limitation those materials listed as "Recyclable Materials" in EXHIBIT A. 1.32. Recyclable Materials Containers - "Recyclable Materials Containers" means the wheeled carts provided to Service Recipientsby the Franchisee or Cityfor the collection of Recyclable Materials, andany additional durablecontainer orcardboard box approved for such purpose by City which is provided by a Service Recipient for collection of Recyclable Materials and is clearly labeled as a recycling container. 1.33. Residential Service Recipient - "Residential Service Recipient" means all residences within the Franchise Area (including all multi - family dwellings), and all businesses within the Franchise Area which generate a combined total of less than 96- gallons of Garbage and Compostable Materials per week and which subscribe for service as Residential Service Recipients. 1.34. Roll -Off Service - "Roll -Off Service" means collection of debris boxesand compactors using a roll -off truck, and includesDebris Box Service, and Compactor Service. 1.35. Schedule of Approved Maximum Rates - "Schedule of Approved Maximum Rates" means the schedule of the maximum rates that may be charged to a Service Recipient for services provided by Franchisee pursuant to this Agreement. 1.36. Service Recipient - "ServiceRecipient" means any residence or business located in City which subscribes to collection services by Franchisee pursuant to Article 4 of this Agreement. 1.37. Solid Waste Fund Operations Fee — "Solid WE6te Fund Operations Fee" means a fee paid by the Franchisee in the amount of seventeen percent (17.0 %) of all Eligible Revenues to fund the City's Solid Waste Management landfill disposal, staffing, public education materials and events, recyclingprograms, County household hazardous waste collection, street sweepingto clean streets after curbside collection of debris., recyclables and yard waste andany other programs thatthe City implements to facilitate+ the safe disposal or reuse and recycling of used material.. Way 18, 2010 5 Cupertino- CoffectionAgreement222 1.38. Source - Separated — "Source- Separated" Recyclable Materials means Recyclable Materials which havebeen segregated and placed in separate containers by materials type (e.g., cardboard, wood, scrap metal, sheetrock) by the generator for purposes of collection. 1.39. Universal Wastes — "Universal Wastes" means hazardous wastes that are generated by a wide variety of people that contain mercury, lead, cadmium, copper and other substances hazardous to human and environmental health. In general, universal waste may not be discarded insolid waste landfills. Examples of these wastes are batteries, fluorescent tubes, and some electronic devices 1.40. Walk -Up Service - "Walk -Up Service" means service provided to Residential Service Recipients wherein Franchisee's drivers will walk up into theside yard or back yard of a residence, roll out collection containers for Garbage, Recyclable and Compostable Materials, dump the contents of the containers into the truck, and return the collection containersto the location at the residence where they were when the driver arrived. 1.41. Working Day - "Working Day" means Mondaythrough Friday (except Holidays) for single family residential services, including Saturdays followingHolidays; Monday through Saturday except Holidays) for services to multi- family dwellings and Non - Residential accounts; and Monday through Friday (except Holidays) for allother purposes under this Agreement. ARTICLE 2 TERM OF AGREEMENT 2.1 Term - The term of this Agreement shall be for five years, from 12:00 A.M. on November 1, 2010to 11:59 P.M. on October 31, 2015, inclusive, subject to Article 16 of this Agreement. 2.2 Option to Extend Term — Franchisee shall have the option to request an extension of this Agreement for one five -year period if it has achieved a seventy -five percent (75 %) diversion rate for all materials collected by Franchiseeunder the terms of this Agreementbefore November 1, 2014. City, at its sole discretion, may choose to extend, ornot extend, the Term of this Agreement, and shall notify Franchisee of its intent within sixty (60) days of notice from Franchisee. The basis for this diversion rate projection is provided as EXHIBIT H. ARTICLE 3 EXCLUSIVE PRIVILEGE 3.1 Grant of Exclusive Franchise to Franchisee - Pursuant to California Public Resources Code Section 40059 and 49300, and except as set forth in Section 3.2, City hereby grants to Franchisee the exclusive franchise to perform the following services for all residences, multi - family dwellings, businessesand other commercial enterprises in the Franchise Area for the term of this Agreement. A.Collection and processing of all Recyclable Materials generatedin the Franchise Area; and B.Collection and processing of all Compostable Materials generated in the Franchise Area; and C.Collection and transportation of all mired Construction and Demolition Debris generated in the Franchise Area; and D. Collection and transportation of all Garbagegenerated in the Franchise Area. The foregoing grant of exclusive franchise includes collection of garbage and construction and May 18, 2010 6 Cupertino- CoffectionAgreement223 demolition materials from Debris Boxes, Compactors and Bin -by- the -Day Service. Franchisee shall perform all of the services referred to in this Section 3.1 in accordance with the conditions, restrictions and covenants of this Agreement. Franchisee shall havethe right to pursue anyand all civil remedies against anyperson or entity it finds infringing uponits exclusivefranchise rights. 3.2 Exceptions - The exclusive franchise granted toFranchisee toperform collection services does not extend to any of the following, and City expressly reserves the right to allow other service providers, bycontract or otherwise, toperform any or all of the following in City on a non - exclusive basis: A. Collection of Recyclable Materials which have been Source Separated from other solid wastesby the generator, and which the waste generator sells or donates to any other person or organization. B.Collection of any recyclable materials not specifically included in the definition of Recyclable Materials, which have value equal to or more than the cost of collection, including scrap wood and individual pieces of scrap metal weighing morethan forty 40) pounds). C.Removal of construction, remodeling or demolition debris by a licensed construction or demolition contractor as part of a total service offered by that contractor, when removal is performed by an employee of the contractor, usingequipmentowned by the contractor, rather than as a hauling service. D.Removal of GreenWaste or Plant Trimmings by a gardening, landscaping, or tree trimming contractor as an incidental part of a total service offered by that contractor, rather than as a hauling service. E.Collection of grease wastes from grease traps or grease interceptors. F.Collection of horse manure from residences or non - residential properties. G. Collection of Hazardous Materials. H. Collection of non - Hazardous Material that is greater than fifty percent (50 %) liquid including septic tank pumpings, and other liquid wastes). 3.3 Recycling Options of Service Recipients - Nothing in this Agreement shall be construed as requiring Service Recipientsto set out Recyclable Materials orCompostable Materials, or Bulky Goods for collection by Franchisee. Service Recipients may dispose of Recyclable Materials and Bulky Goods through other appropriate means including, butnot limited to, taking Recyclable Materials or Bulky Goods to drop -off facilities, and donating or selling Recyclable Materials or Bulky Goods to private or public entities. 3.4 Commingling of Garbage, Recyclable Materials and Compostable Materials 3.4.1 Comminglin off City Materials — Except as set forth in Section 3.4.2, Franchisee shall keep separate, inthe collection vehicles and at the processing facility, or otherwise, any group of materials collected pursuant tothisAgreement from any othergroup of materials, unless specifically approved in advance in writing by the City Representative. 3.4.2 Comminjzling of Non-City Recyclable Materials and Compostable Materials - Franchisee may commingle, in the collection vehicles and at the processing facility, or otherwise, Garbage, Recyclable Materials or Compostable Materials collected pursuant tothis Agreement with any materials collected by Franchisee from any place outside City, only if Franchisee can provide, accurate and complete data (based on waste allocation studies approved by City) of the types and amounts of Garbage, Recyclable Materials anc. Compostable Materials collected from within and outside the City. Way 18, 2010 7 Cupertino - Collection Agreement224 3.5 Use of Recycled Products - Franchisee will, wherever reasonably feasible in the performance of services under this Agreement, use productsor materials which containrecycledmaterials content. Franchisee shall report their use of recycled content products to City, as required in EXHIBIT G. ARTICLE 4 COLLECTION SERVICES 4.1 General Provisions 4.1.1. BeginningNovember 1, 2010 and continuing through the term of this Agreement, Franchiseeshall perform collection services as provided inthis Article 4. All such servicesshall be performed in a thorough and professional manner regardless of weather conditions and difficulty of collection. Commercial collection servicesshall occur only between thehours of 6:00 AM and 5:00 PM, unless specifically approved in advance in writing by City Representative. Residential collection servicesshall comply with the City's noise ordinance and occur only between thehours of 7:00 AM and 5:00 PM, unless specifically approved in advance in writing by the City Representative. In all areas are where residential properties are adjacent to commercial properties or closeenough that the collection vehicle noise disruptssleeping residents, collection shall not start before 8:00 AM. 4.1.2. All ResidentialRecyclable Materials and Compostable Materials and Garbage collected pursuantto this Agreement shall be andbecomethe property of the Franchisee at the time these materials are placed in the collection containers. All Non - Residential, Recyclable Materials and Compostable Materials andGarbage collected pursuant tothis Agreement shall be and become the property of the Franchisee at the time these materials are placed inthe collectioncontainers. Franchisee shall, to the maximum extentreasonably practicable, ensure that Recyclable Materials and Compostable Materials are collected and processed in a manner which will ensure that these materials will not be landfilled or used for other purposes at a landfill, and that City will receive credittoward the State diversion mandates. 4.1.3 Franchisee shall provide Walk -Up Service to collect Recyclable Materials and Compostable Materials and Garbage adjacentto thehome of all residents who request and subscribe for this service. Franchiseeshall provide Walk -Up Service to single - family dwellings if all adults residing therein have disabilities that prevent them from setting the Recyclables, Compostables andGarbage carts at the curb for collection, and if a request for non - subscription Walk -Up Service has been made to, and approved by, the City Representative in themanner required by City. Noadditional payment shall be due to Panchisee for the provision of non - subscription Walk -Up Service. 4.1.4 Non- Collection Notices for Recyclable Materials and Compostable Materials and Garbage shall indicate the dateand time the notice was prepared, the driver's initials, the complete address of the premises, the reason why the collection was not made, and the manner in which materials should be prepared for future collection. Franchisee shall leave a cardstock copy of the notice affixed to the handle oroutside of the lid of the container holding the materials not collected, and shall retain one copy for their records and reports to the City. The form of this notice will be mutually agreed to by City Representative and Franchisee. 911ay 18, 2010 8 Cupertino- CoCfectionAgreement225 4.1.5 All collection vehicles and equipment shall be constructed and maintained to prevent leakage or spillage. Exceptwhen material is being loaded or unloaded, or when the vehicle is in the process of collection, Franchisee shall atal I times keep, Recyclable Materials and Compostable Materials and Garbageloads corr.pletely covered so as toprevent litter, leakage or spillage from the collection vehicle. Franchise.- shall immediately clean upany litter, leakage or spillage (in the mannerdescribed in the last sentence of Section 15.4, if applicable) which occurs during collection and transport. In addition to the liquidated damages specified in Section 12.5 of this Agreement, Franchisee shall reimburse Cityfor all reasonable costs incurred by City in thecleanup of all litter createdby Franchiseein the performance of this Agreement and not cleaned up by Franchisee within eight (8) business hours after notice by City, and spillage created by Franchisee in the performance of this Agreement and not cleaned up by Franchisee within two 2) business hours after notice by City. If the purchase of new Collection Vehicles occurs during the ternof this Agreement, Franchisee shall select vehicles with hopper shielding to minimize litter while the contents of individual carts or bins are being unloaded. If existing equipment is used, Franchisee shall retrofit all Collection Vehicles with hopper shieldingto prevent the scattering of litter during collection and transport of recyclables, compostables or garbage. Retrofits shall be completed before November 1, 2011. 4.1.6 In theevent that the provision of services to any Service Recipient would require Franchisee tooperate its equipment on private roads which Franchisee reasonably believes present an unsafe condition for such operation, Franchisee shall give written notice to City and shall cooperate with the City andthe Service Recipient to find a solution to the problem. Franchiseeshallnot be required to collect Garbage, Recyclable Materials and Compostable Materials from thatService Recipient until the materials can be safely collected. 4.2.Holiday Service - Franchisee shall not be requiredto perform any services under this Agreement on Holidays. Collection services that would be performed under this Article 4, were it not for the Holiday, shall be rescheduled one (1) day later for the remainder of the week following the Holiday, unless otherwise specifically approved in advance in writing by the City Representative. Franchisee shall publicize the rescheduling of any services affected by Holidays at least thirty (30) days in advance of the rescheduled service. 4.3.ResidentialRecyclable Materials Collection - Franchiseeshall collect allRecyclable Materials listedin EXHIBIT A. 4.3.1. Frequency of Collection - Franchisee shall provide regular, scheduled collection of Recyclable Materials from each Residential Service Recipient every week. Recyclable Materials shall be collected from Recyclable Materials Containers adjacent to Compostablesor Garbage Containers, at an accessibleplace at the curb or by walk -up as subscribed for by the resident. 4.3.2. Provision of Recycling Containers - Franchisee shall provide a new or refurbished Recyclable Materials Container at no additional charge to each Residential Service Recipient that does not already have one at the beginning of this Agreement. These Recyclable Materials Containers shall be delivered by Franchisee within seven (7) working days of Request for initial service by the Residential Service Recipient and five (5) working days for replacements. Recyclable Materials Containers removed by the Franchisee shall be replaced by Franchisee within five (5) working days of their removal. Kay 18, 2010 9 Cupertino- ColrectionAgreement226 Recyclable Materials Containers provided by Franchiseeshall be labeled with description of contents, such as "Recycling" or "Yard Waste /Organics" and "Property of the City of Cupertino" and shall not be marked with the Franchisee's name or logo. All Recyclable Materials Containers provided by Franchisee to Residential Service Recipients pursuant tothis Agreement shall become the property of the City at the termination of this Agreement. 4.3.3. Recyclable Materials Overages - Fr €.nchisee shall collect all Recyclable Materials properly prepared and set out for collection by the Service Recipient each week. In theevent a Service Recipient has a greater quantity of Recyclable Materials than can be set out in the Recyclable Materials Containers provided pursuant to this Agreement, theService Recipient may set out such Recyclable Materials overages in durable containers supplied by the Service Recipient which are labeled for recycling and placed nextto the Recyclable Materials Containers. Service Recipient may set flattened cardboard boxes, which are too large to fit in the Recyclable Materials Container, next to the container. Franchisee shall collect such Recyclable Materials Overageson the same day Franchisee collects Recyclable Materials from theService Recipient. Franchiseeshallhave no obligation to collect Recyclable Materials Overages where Recyclable Materials are not set out in Recyclable Materials Containers, cardboard boxesor other durable containers, or where the combined weight of the Recyclable Materials and container exceeds sixty (60) pounds. Service Recipients who regularly generate more materials than will fit in their current Container may request additional containers. Franchisee shall deliver additional Recyclable Materials Containers within five (5) Working Days from the date of the request, unless Franchisee believes that the Service Recipient does not regularly generate Recyclable Materials Overages, in which case Franchisee shall noti f y the City and Service Recipient that the additional container delivery will be delayed, and record the amount of Recyclable Materials set out by such Service Recipient each week for the next month. Franchisee shall only be required to deliver an additional Recyclable Materials Container to such Service Recipient if such record indicates that the Service Recipient requires it. Franchisee shall provide (pursuant toSection 4.3.2) a sufficient number of additional Recyclable Materials Containers to accommodate all recyclables regularly generated, at no additional charge. 4.3.4 Non - Collection - Franchisee shallnot be required to collect any Recyclable Materials that are contaminated by non - Recyclable Materials; that are not set out on a public street or other accessible location subscribed for; that are not set out in accordance with the MunicipalCode; that are not set out in conformance with Section 4.3.3 of this Agreement. If the Recyclable Materials are too contaminatedto process, Franchisee shall leave a Non - Collection Notice NCN), and not collect the Recyclable Materials. No collected loads may be rejected at the recyclables processing facility because of contamination. Loads collected as Recyclable Materials shallnot be landfilled. Only residue from processing Recyclable Materials may be landfilled. 4.4. Residential Compostable Materials Collection - Franchisee shall, before the end of November 2010, provide one -half to one gallon capacity pitcher -style containers for in -home storage of Compostable Materials to each SFD household, and to each MFD unit whose complex subscribes for Compostable Materials collection service. The pitcheri shall be of a type approved by City Representative and shall meetthe requirements for such pitchers specified in EXHIBIT H Franchiseeshall collect all Compostable Materials listed in EXHIBIT A. Franchisee shall process all collected Compostable Materials at their affiliate facility, South Valley Organics, located near Gilroy, unless an alternate site is approved by City Representative. 911ay 18, 2010 10 Cupertino- CoffectionAgreement227 4.4.1. Frequency of Collection -Franchisee shall provide regular, scheduled collection of Compostable Materials from each Residential Service Recipient, every week. Compostable Materials shall be collected from Compostable Materials Containersadjacent to the Recyclables or Garbage Containers, at an accessible placeselected by the resident. 4.4.2. Compostable Materials Containers — Franchiseeshall provide a new or refurbished Compostable Materials Container at no additional charge to each Residential Service Recipient that does do not already have one at the beginning of this Agreement. These Compostable Materials Containers shall be delivered by Franchisee within seven (7) working days of Request by the Residential Service Recipient. Compostable Materials Containers removed by the Franchisee shall be replaced by Franchisee within five (5) working days of their removal. Compostable Materials Containers provided by Franchisee shall be labeled for Compost" and "Property of the City of Cupern.ino" and shallnot be marked with the Franchisee's name or logo. All Compostable Materials Containers provided by Franchisee to Residential Service Recipients pursuant to this Agreement shall become the property of the City at the termination of this Agreement. Compostable Materials shall be coil .-cted from Franchisee supplied Compostable Materials Containers, or other durablecontainers provided by the Residential Service Recipient. If other containers are used, the combined weight of the container andthe Compostable Materials shall not exceed sixty (60) pounds. Compostable Materials Containers must be placed for collection adjacent to the Recyclableor Garbage Containers by the Residential Service Recipient. To promote maximum diversion, Franchisee shall deliver additional Compostable Materials Containers within five (5) Working Days from the date of the request, unless Franchisee believesthat the Service Recipient does not regularly generate Compostable Materials Overages, in which case Franchisee shall notify the City and the Service Recipient that the additional container delivery will be delayed, and record the amount of Compostable Materials set out by such Service Recipient each week for the next month, and shall only be required to deliver an additional Compostable MaterialsContainer to such Service Recipient if such recordindicatesthat the Service Recipient requires it. Franchisee shall provide (pursuant to Section 4.3.2) a sufficient number of additional Compostable Materials Containersto accommodate all recyclables regularly generated, at no additional charge. 4.4.3. Non - Collection - Franchisee shall not be required to collect any Compostable Materials that are contaminated by non - Compostable Materials; not set out on a public street or other accessible location subscribed for; not set out in accordance with the Municipal Code; or are not set out in conformance with Section 4.4.2 of this Agreement. If the Compostable Materials are toocontaminated to process, Franchisee shallleave a Non - Collection Notice (NCN), and not collect the Compostable Materials. No collected Compostable Materials loads may be rejected at the compostprocessing facility because of contamination. Loads collected as Compostable Materials shallnot be landfilled. Only residue from processing Compostable Materials may be landfilled. 4.4.4 Christmas Tree Collection - As part ofthe Compostable Materials CollectionProgram, Franchiseeshall collect, on the normal Compostable Materials Collection schedule, all unomamentedChristmas trees which are set oat next to the Compostable Materials Containers in the first twenty -eight (28) calendar days following December 26 of each year for the term of this Agreement. Franchisee shall not be required to collect ornamented trees, nor shallFranchisee be required to collect trees, or parts of trees, which are oversix (6) feet in length. May 18, 2010 11 Cupertino- CoffectionAgreement228 4.4.5 Providing Home Compost Bins — To reduce the amount of Compostable Materials requiringcollection and processing, Franchisee shall offer two 1 -hour back -yard composting classes per year for Cupertino residents, at dates and locations selected by City. Franchiseeshall offer a free Biostack compost bin to each household that attends a composting class. Residents who attendthe class may, at their own choice, claim their bin at the end of the class or have it delivered to their house by Franchisee within five (5) Working Days of the class. Residents who do not attendthe class can purchase a compost bin (from a website listed by Franchisee) and submit a copy of their receipt to Franchisee for a full credit of thecost of the bin and delivery. These costs shall be subtracted from their next garbage bill. Franchisee shall, during the term of this Agreement, provide a free Biostack compost bin or credit for a household - purchased Biostack compost bin) to each of the first 400households that attend a class or purchase a bin and request credit. Franchisee shall keep City informed as to the number of bins remaining. At City's request, Franchisee shall provideadditionalBiostack compost bins (above the 400 referred to above) to households in accordance with this Section 4.4.5, and shall be entitledto reimbursement from City for the cost of each additional bin (not to exceed $100 per bin). 4.4.6 Yard Waste Exempt Properties — Property owners that can demonstrate thatthey have no yard waste to dispose of may request an exemption from the fees covering that portion of the collection of compostable materials, as listed in EXHIBIT B. 4.5.Residential Garbage Collection - Materials not collected byFranchisee as Recyclable Section 4.3) or Compostable (Section 4.4) Materials shall be collected as Garbage (unless such materials are among the types of material that Franchisee is not requiredto collect as Garbage, such as Hazardous Materials). 4.5.1. Frequency of Collection - Franchiseeshall provide regular, scheduled collection of all Garbagegenerated from each Residential Service Recipient every week. Garbage shall be collected from Garbage Containers placedadjacent to the Recyclables or Compostables Containers, at an accessible location selected by the Service Recipient. 4.5.2. Provision of Garbage Containers - Franchisee shall provide a new or refurbished Garbage Containerto each Residential Service Recipient based onthe level of service for which they subscribe. These Garbage Containers shal l be delivered by Franchisee shall, within seven 7) working days of Request for initial service by the Residential Service Recipient and five (5) working days for replacements. Garbage Containers removed by the Franchisee shall be replaced by Franchisee within five (5) working days of their removal. All Garbage Containers provided byFranchisee toResidential Service Recipients pursuant to this Agreement shall becomethe property of the City at the termination of this Agreement. Garbage Containers provided byFranchisee shall be labeled for "Garbage" and Property of the City of Cupertino" and shall riot be marked with the Franchisee's name or logo. 4.5.3. Excess Garbage - Franchisee shall collect Garbage in excess of the normallevel of service on the normal day of collection when the Service Recipient has made arrangements with Franchisee at leastoneday in advance of the regular collection day, to schedule the collection and makethe appropriate payment. Excess Garbage must be placed in an approved Garbage Container, and not exceed the weight limitations listed in Section 4.5.5. May 18, 2010 12 Cupertino - Collection Agreement229 4.5.4. Extra Garbage Service - Franchisee shall collect Garbage from Residential Service Recipients on other thanthe normal day of service after the Service Recipient has called and made arrangements with Franchisee at least two Working Days in advance of the regularly scheduled collection and arranged to made the appropriate payment. 4.5.5. Non - Collection - Franchisee shall not be required to collect anyGarbage that is contaminated with hazardous materials or biomedical waste, that is not placed in an approved Residential Garbage Container; that is not set out on a public street (except for Walk -Up Service) in an accessible location; that is not set out in accordance with the MunicipalCode; when the contents of plastic bags exceed 30 poundsin w .-fight; or when the volume of theGarbageexceeds the capacity of the Garbage Container when its lid is closed (unless the Residential Service Recipient has arranged for pickup of excess Garbage pursuant to Section 4.5.3). In theevent of non - collection, Franchiseeshall leave a Non - Collection Notice (NCN). 4.6. MissedPick -Ups - The failure of Franchisee to pick up Recyclable orCompostable Materials or Garbage which havebeen properly set out on time and in an approved container by a Service Recipient shall be considered a "Missed Pick -Up." Franchisee's failure to collect a container for anyreason that entitles Franchisee to leave a Non - Collection Notice, and for which a NCN is issued, shall not be considered a Missed Pick -up). If Franchisee is notified of a Missed Pick -up by 9:00 AM on any Working Day, Franchiseeshall collect the Missed Pick -up on the day of notification. If the Franchisee is notified of a Missed Pick -up after 9:00 AM on any Working Day, Franchisee shall collect those materials from theService Recipient within one Working Day of Franchisee being notified of the Missed Pick -up. Franchiseeshall maintain a written record of all contacts (e.g., calls and email messages) relating to Missed Pick -ups andthe response provided byFranchisee. The record shall be maintained in accordance with the reporting and monitoring requirements of Article 10 of this Agreement. If after notification Franchisee fails to collect a Missed Pick -up within the times set forth inthis Section, City or its agents may collect and transport the material. City shall notify Franchisee in writing whenever City or its agent collects a MissedPick -up. City may require Franchisee to pay liquidated damages for any Missed Pick -up and any costs incurred by City in collecting a Missed Pick -up, as provided in Section 12.5 of this Agreement. 4.7 Non - Residential Garbage Bin Service 4.7.1 Frequency of Collection - Franchiseeshall provide appropriate Garbage Containersto each Non - Residential Service Recipient basedon the level of service for which the Non - Residential Service Recipient has subscribed. Franchisee shall collect Garbage from each Non - Residential Garbage Container at least once - per -week, Monday through Saturday, and as often as subscribed for by the Non - Residential Service Recipient. Collection shall be made from Non - Residential Garbage Containers placed atan accessible point of service selected by the Service Recipient. If a Non - Residential Service Recipient has notsubscribed for sufficient service to prevent overages on a normal basis, Franchisee shall notify the Non - Residential Service Recipient and encourage them to increase service. If the Non - Residential Service Recipient does not increase service to provide sufficientservice, Franchisee shall notify the City's Representative, and provide details of the contactto request the Service Recipient to increase service. 4.7.2 Extra Garbage Service - Franchisee shall collect Garbage from Non - Residential Service Recipients on other than a normal service daywhen the Service Recipient has called and made May I8, 2010 13 Cupertino- CoffectionAgreement230 arrangements with Franchiseein advance to schedule the collection and makethe appropriate payment. 4.7.3 Non - Collection - Franchiseeshall not be required to collect any Garbage that is contaminatedby (a) hazardous waste, (b) biomedical waste, (c) ash, and (d) sewageand other highly diluted water - carried materials; that is not placed in an approved Non - Residential Garbage Container; that is not set out in an accessible location; that is not set out in accordance with the Municipal Code; when the combined weight of the Garbage Container and its contents exceeds the limit set by theFranchisee for that size of container; or when the volume of the Garbage exceeds the capacity of theGarbage Container when its lid is closed. If a business is open at the time of collection, then prior to leaving the Garbage uncollected, the driver shall make at least one attempttocontact thebusiness to get them to correct the situation. In the event of non - collection, Franchisee shall leave a Non - Collection Notice (NCN). 4.8 Non - Residential Recyclable Materials Collecti 4.8.1 Frequency of Collection — Franchiseeshall provide Recyclable Materials collection services to all Service Recipients that subscribe; for Non - Residential Garbage service, at no additional costabove the rate paid by such Service Recipients for such Garbage service. Franchiseeshall collect all Recyclable Materials listed in EXHIBIT A from each Non - Residential Service Recipient as often as necessary to minimize overages based on the volume of the containers provided bythe Franchisee. To encourage diversion, Franchisee shall provide at least equal volume of Recyclable Materials collection service to each Non - Residential Service Recipient as the volume of Garbage collection servicesubscribed for by such Non- Residential Service Recipient. 4.8.2 Non - Residential Recyclable Materials Overages - In the event a Non - Residential Service Recipient has a greater quantity of Recyclable Materials than can normally be contained in the appropriate containers provided by Franchisee.. Franchisee shall provide the Service Recipient, at Franchisee's own cost and expense, additional containers or more frequent collection service, from among the range of service optionslisted on EXHIBIT B. 4.8.3 Non - Collection - Franchisee shall not'ae required to collect any Recyclable Materials that are not placed in Recyclable Materials Containers. Franchisee shall not be required to collect any Recyclable Materials that are contaminated by non- recyclable materials. In the event of a non - collection, Franchiseeshall leave a Non- Collection Notice (NCN). 4.9 Non - Residential Compostable Materials Collection 4.9.1 Frequency of Collection - Franchiseeshall provide Compostable Materials collection services to all Non - Residential Service Recipientsthat subscribe for this service. Franchisee shall be entitled to charge Non- Residential Service Recipients thatsubscribe for Compostable Materials collection services the same rates as the rate charged for an equivalent level of Garbage service, as set forth on EXHIBIT B. Franchisee shall contact Non - Residential Service Recipients that subscribe for Garbage service and discard significant quantities of Compostable Materials (including, butnot limited to, restaurants, markets and grocery stores, delis and sandwich shops, and florists) and invite them to participatein the Compostable Materials program by subscribing for Compostable Materials service and reducing their Garbage service level. Franchisee shall ensure that the total cost to such Service Recipients of Garbage service and Compostable Materials service combined will ay 18, 2010 14 Cupertino - Collection Agreement231 not increasedue to the substitution of Compostable Materials capacity for Garbage capacity, so long as the Service Recipient does not increasethe total amount of materials discarded. Franchisee shall provide Compostable Materials Containers to each Non - Residential Service Recipient inaccordance with the service level subscribed for by the Non - Residential Service Recipient. Franchisee shall collect Compostable Materials from each Non - Residential Compostable Materials Container as often as subscribed for by the Non - Residential Service Recipient. 4.9.2 Compostable Materials Overages - If a Non - Residential Service Recipient has not subscribed for sufficient service to prevent overageson a normal basis, Franchiseeshall notify the Non- Residential Service Recipient andencourage them to increase service. If the Non - Residential Service Recipient does not increase service to provide sufficientservice, Franchisee shall notify the City's Representative, and provide details of the contactto request the Service Recipient to increase service. 4.9.3 Non - Collection - Franchiseeshall not be required to collect any Compostable Materials that are not placed in Compostable Materials Containers. Franchiseeshall not be required to collect any Compostable Materials that are contaminated by non- compostable materials. In the event of a non - collection, Franchisee shall leave a Non - Collection Notice (NCN). 4.10 Debris Box, Compactor and Bin -by- the -Day Services - In addition to the Extra Services provided for in Sections 4.5.4 and 4.7.2 of this Agreement, Franchisee shall collect Recyclable Materials or Compostable Materials andGarbage in Debris Boxes, Compactors and Bin -by- the -Day services on the schedule subscribed for by theService Recipient. Debris Boxes shall be available in at least five (5) approximately evenly spaced sizes; 8 cubic yards, 16 rabic yards, 20 cubic yards, and larger. Debris Boxes must, at a minimum, have the capacity of the size listed on EXHIBIT B, or must be charged for at the next, lower maximum service rate. Franchiseeshall provide Compactors to Service Recipients whowish to use them. Franchisee shall assist Service Recipients with selection of Compactors that are compatible with Franchisee's equipment. Franchisee shall service the Compactors at the maximum rates listed in EXHIBIT B. Bin -by- the -Day Services and Debris Box Servicesmay beused by Residential and Non - Residential Service Recipients to dispose of Bulky Goods and oversized Compostable Materials which would not fit into a normal Garbage Container, or for volumes of garbage that exceedthe normal service provided. For billing and compensation purposes, allDebrisBox and Compactor Services and Bin- by -the- Day Services are classified as Extra Services under this Agreement. Maximum charges to the Service Recipients for these services shall be therates listed in EXHIBIT B. 4.10.1 Frequency of Collection - Franchisee shall provide containers for Extra Services to Residential and Non - Residential Service Recipients as requested, within two Working Days of request. Franchisee shall collect Garbage, Recyclable Materials or Compostable Materialsfrom each Bin -by- the -Day or Debris Box, on theschedule requestedby the Service Recipient, butnot less often than once a week if they containGarbage. 4.10.2 Non - Collection - Franchiseeshall not be requiredto collect any Bin -by- the -Day Container, Compactor or Debris Box where the weight exceeds the legal limit for that size container, or the weight limit set by the Franchisee and clearly marked on the container; or where the volume exceeds the capacity of the container, or thatcontain Hazardous Materials. In the event of non - collection, Franchisee shallcontact the Service Recipient by telephone if possible, leave a Non- Collection Notice (NCN). 9Kay 18, 2010 15 Cupertino - Collection Agreement232 4.11 City -Wide Recycling Eventsvents — Two (2) times each year, on a schedule and at locations mutually agreed upon by Franchisee and City, Franchisee will provide a city -wide recycling event for residents of City. Franchisee shall provide sufficient equipment tocollect and remove from the agreed -upon locations all acceptable wastes delivered by residentsto such locations. Franchisee shall handle all materials received i 1 a manner that will ensure the maximum amount practicable of materials to be recycled, composted or otherwisediverted from landfill. Franchisee shall provide such city -wide recycling events in accordance with EXHIBIT D of this Agreement. 4.12 On -Call Collection Services - Two (2) times per year, upon request, Franchisee will provide On- Call Collection Services to each Residential Service Recipient. Franchisee shall provide theservices described in EXHIBIT E of this Agreement. Franchisee shallhandle all materials received in a manner that will allow the maximum amount to be recycled, composted or otherwise diverted from landfill. 4.13 Services to City — Recyclable Materials and Compostable Materials and Garbage collection services described in Article 4 of this Agreement shall be provided to City facilities at no charge to City. The servicelevel for each City facility shall be selected by City Representative from the service levels available to Non - Residential Service Recipients as set north on EXHIBIT B of this Agreement. City shall select the locations, andFranchisee shall provide appropriate containers, and servicethemon a mutually agreed schedule that will prevent over -flow of the containers. At the beginning of this agreement, Franchisee shall provide the services to the locations and facilities described in EXHIBIT F of this Agreement. 4.14 Service Recipient Changes - City and Franchisee acknowledge that during the term of this Agreement the Service Recipients for whom Franchisee will provide collection services under this Agreement may change as a result of changes in the Franchise Area (e.g., due to annexation by the City of unincorporated areas of Santa Clara County and new construction or demolition activity). 4.15 Subcontractors — No Subcontractors shall beused to provide the services required under this Agreement, without prior written approval of the City Representative. 4.16 Time of Collection — Franchiseeshall make a good faith effort to provide collection services at a consistent time of day for each Residential Service Recipient, and not to change the time of servicemore often than necessary, to maintain an efficient collection system. 4.17 Household Hazardous Waste Collection — On behalf of City, Franchiseeshall enter into an agreement with a third party (the "Household Hazardous Waste Collector ") to provide a Household Hazardous Waste Program. The HHW Collector shall be responsible for all aspects of the HHW Program. Under no circumstances shall Franchisee be required to collect household hazardous waste, except as specifically provided elsewhere in this Agreement. The initial HHW Collector shall be Curbside Inc. The specifications of the HHW Program proposed by Curbside Inc. are set forth in EXHIBIT I. The City may terminate the HHW Program at any time upon ninety (90) days priorwritten notice to Franchisee. Franchiseemay replace the HHW Collector at any time with a new HHW Collector reasonably acceptable to City. The HHW Programshall be funded by means of the Household Hazardous Waste Fee, which shall be approved by City, collected from Residential Service Recipients by Franchisee, and remitted to the HHW Collector. Franchisee may terminate the HHW Program and its agreement with the HHW 3fay 18, 2010 16 Cupertino- CoffectionAgreement233 Collector if at any time City does not approvethe Household Hazardous Waste Fee required to fund the HHW Program. ARTICLE 5 COLLECTION ROUTES 5.1 Collection Route Information - Franchiseeshall maintain, and provide to City within sixty (60) days of the effective date of this Agreement, and on request (up to two times a year), within fifteen (15) Working Days of request, current and accurate maps indicating: A. Areas of collection including route numbers and truck numbers. B.Day of the week collection service is provided. C.Approximate time of collection (early or late AM, or early or late PM). D.Start point, end point, andthe actual street -by- streetcourse the collection vehicles follow on routes. E.Boundary of each individual route. Each adjoining route on the map shall be in a distinct color or pattern so that adjoining routes are clearly delineated. Franchisee shall provide the maps to City both in hard copy and PDF format. F.Alisting of the name, address and level of service for each Service Recipient. 5.2 Collection Route Changes - For any route charges proposed by Franchisee, Franchisee shall submit to City, in writing, the proposed change to routes (including by not limited toboundaries and addresses affected) not less than sixty (60) calendar days prior to theproposed date of implementation. Within thirty (30) calendar days of receipt of Franchisee's proposed change, City shall provide written notice to Franchisee as to whether theproposed changeis acceptable or not. Franchisee shallnot implement any route changes without the priorwritten authorization of the City Representative, which shall not be unreasonably withheld, conditioned or delayed. Franchisee shall notify all affected Service Recipients of any authorized route change affecting day of service at least two (2) weeks in advance of the service change. 5.3 Route Audits - City may, at City's sole expense, perform a route audit. City may hire a third party to conduct the route audit. Franchiseeshall fully cooperate in the audit and supplyall requested information to City's Consultant in a timely manner at no cost to City. ARTICLE 6 COLLECTION EQUIPMENT 6.1 EquipmentSpecifications 6.1.1 General Provisions - All collection equipment used by Franchisee in the performance of this Agreement shall be of high quality at the start of this Agreement. The vehicles shall be designed and operated so as to prevent Recyclable Materials, Compostable Materials, Garbage, Litter or any other materials from escaping from the vehicles. The vehicles shall be designed and operated to minimize any negative environmental impacts caused by their operation, especially air quality impacts. 6.1.2 Registration - All vehicles used by Franchisee in providing services under this Agreement, except those vehicles used solely on Franchisee's premises, shall be registered with the California Department of MotorVehicles. May 18, 2010 17 Cupertino-Coffection Agreement234 6.1.3 Safety Markings - All collection equipment used by Franchisee shall have appropriate safety markings including, butnot limited to, highway lighting, flashing and warning lights, clearance lights, and reflective tape striping. All such safety markingsshall be in accordance with the requirements of the California Vehicle Code. 6.1.4 Vehicle Signage - Franchisee's name, telephonenumber and vehicle number shall be visibly displayed on both sides of all collection vehicles in letters and figures not less than four 4) inches high. 6.1.5 Collection Vehicle Noise Level - Thenoise level generated by collection vehicles using compaction mechanisms during the stationarycompaction process shall not exceed seventy -five 75) decibels at a distance of twenty -five (25) feet from the collection vehicle measured at an elevation of five (5) feet from above ground levelusing the "A" scale of a standardsound level meter at slow response. Franchisee shall cause the collection vehiclesto be tested annually by an independent testing authority, and shall submit to the City Representative a certificate of testing showing that the vehicles meet the requirements of this Section as of the mostrecent testing date. 6.1.6 Vehicle Certifications - For each collection vehicle used in the performance of services under this Agreement, Franchisee shall comply with all applicable federal, state, and local laws governing the operation of such vehicles. Franchisee shall maintain copies of such certificates and reports and shall makesuch certificates and reports available for inspection upon request by the City Representative. Franchisee shall submit each of Franchisee's collection vehicles for inspection by the California Department of Motor Vehicles as requiredby State law. Franchisee shall not use any vehicle which does not pass such inspection, or fully comply with allapplicable federal, state, and local laws. 6.1.7 Equipment Maintenance - Franchiseeshall maintain collection equipment in a clean condition and in good repair at all times. All parts and systems of the collection equipment shall operate properly and be maintained in a condition reasonably satisfactory to City. Franchisee shall repaint allcollection vehicles (including vehicle striping) during the term of thisAgreement on a frequency necessary to maintain a positive public image as reasonably determined by the City Representative. Franchiseeshallwash all collection vehicles on a frequency necessary to maintain a positive public image. All signage or displays on the collection vehicles, beyond the Company name phone number and logo, must be agreed to in advance by the City. Franchisee shall maintain all bins and debris boxes in clean condition and in good repair at all times. Franchisee shall repair wheels, casters, and lids or replace damaged front - loader bins within five (5) Working Days, and replace allleaking front - loader bins within one (1) Working Day of notification of damage. TheFranchisee shall not transport full and leaking compactor or front- loader bins through public or private streets where the seepagehas the potential to enter a storm drain system. 6.1.8 Maintenance Log - Franchisee shall maintain a maintenance log for all collection vehicles. The maintenance log shall at all times be accessible to City upon the request of the City Representative, and shall show, at a minimum, each vehicle's identification number, date of purchase or initial lease, dates of performance of routinemaintenance, dates of performance of additional maintenance, and description of additional maintenance performed. 6.1.9 Back -Up Equipment - Franchiseeshall maintain sufficient back -up equipment to ensure uninterrupted collection service during the tern of this Agreement. May 18, 2010 18 Cupertino - Collection Agreement235 ARTICLE 7 GARBAGE DISPOSAL 7.1 Franchisee's Responsibility 7.1.1 Delivery of Materials - Franchiseeshall transport all Garbage collected from Service Recipientsby Franchisee to the Newby Island Landfill. In the event that collected materials are commingled with materials from other jurisdictions during collection, Franchisee shall deliver an amount equal to the total amount of Garbage collected under this Franchise to the Newby Island Landfill. 7.1.2 Landfill Access — City shall arrange for Newby Island Landfill to be available to Franchisee at all times during normal operating, hours for disposal of all Garbage and processing of all debris boxes collected under this Agreement. City shall timely pay all fees associated with such disposal and processing, which shall be at no cost to Franchisee (except that Franchisee shall reimburse City for all debris box and compactor disposal fees pursuant toSection 11.6.) If the Newby Island Landfill becomes unavailable to Franchisee (during normal operating hours) at any timeduring the term of this Agreement, City will work with Franchisee to identify an alternativelocation at which to dispose of garbage from the City. Franchisee shall provide City details on any changes in operating costs incur °ed by having to use an alternatedisposal site, and City will compensate Franchisee for any additional operating costs associated with having to use an alternate disposal facility. ARTICLE 8 RETURN OF COMPOSTTO CITY 8.1 Return of Compost — Franchisee shall make available to City, at no charge to City, high quality compost from South Valley Organics in the amount of up to fifteen percent (15 %) of the tonnage of Compostable Materialscollected by Franchisee under this Agreement. Half of this amount shall be available during each half year of this Agreement (i.e., beginning November 1 and May 1). Compost not collected during any half year period may not be carried over to a subsequent period. Franchisee shall load the compost onto vehicles engaged by City, at any time during Franchisee's normal business hours during such Contract period, uponten (10) days prior notice to Franchisee of the date of pickup andthe amount to be collected. ARTICLE 9 ADDITIONAL SERVICES 9.1 CustomerRelations Services 9.1.1 Franchisee's Office - Franchisee shall maintain an office within thirty (30) miles of City Hall. Franchisee shall be available for communication withCity Representative, other City representatives, and the public during normal business hours. 9.1.2 Local Telephone Number - A Customer Service Representative shall be available at all times at the Franchisee's principal office, and shall be accessible by a local toll -free telephone number to City and Service Recipients at least during the hours of 7:30 AM to 4:30 PM, Monday through Friday, except for Holidays. All customer service representativesshall be knowledgeable about all services offered under this Agreement, andable to assist on any matters which relateto the Franchisee's performance of services. The Franchisee shall respond to all calls and walk -in requests regarding missed service, damaged or leaking bins, leaking Collection Vehicles or collection binsthat have been placed by Franchisee in driveways or in the middle of May 18, 2010 19 Cupertino- CofkctionAgreement236 the street, within one Working Day of Service Recipient's request for assistance. A telephone answering machineshall be available for customers to leave a message at all times. The telephone number shall be listed under Franchisee's name in the local telephone directory, and on their website. A webpage shall be maintained by theFranchisee which will be available to Service Recipients via a link from the City's w .-bsite. This webpage will represent some of the City's services and will provide easyaccess to information, as well as instruction on how to maximize and correctly utilize new services, especially to helpprevent contamination of Recyclable Materials that are intended for processingor further use. 9.1.3 Emergency Telephone Number - Franchisee shall maintain an emergency telephone number for use when the listed telephone number is not attended. The emergency telephone number shall be available only to City's Representative. 9.1.4 Service RecipientInquiries and Complaints - All incoming callsshall be answered within a maximum of four (4) rings. No call shall be "on- hold" in excess of one (1) minute. If City receives more than two (2) complaints a month regarding the amount of time Franchisee placed a caller on hold (and such caller was in fact on hold in excess of one (1) minute), liquidated damages coveredunderSection 12.5 may be applied. Franchiseeshall make return calls to customers from messages received. Franchisee shall make three (3) attempts toreturn the call within one (1) Working Day of the receipt of the call. If Franchisee is unableto reach the caller in three attempts, Franchisee shall send a postcard to the caller onthe second Working Dayafter The call was received, indicating that the Franchisee has attempted toreturn the call. All attempts to contact the caller shall be recorded onthe log kept byFranchisee. Franchisee shallrecord allcomplaints in a log which includes the date, time, nature of the complaint, complainant's name andaddress (if the complainant is willing to givethis information), and nature and dateand manner of resolution of complaint. This log shall be in a format approved by City, and shall be available for inspectionby City during Franchisee's office hours upon City's request. 9.2 Public Education & Outreach - Franchisee shall participate in all of the activities designated in the Public Education and Outreach Plan attached to this Agreement as EXHIBIT C. The Franchisee shall implement all of the elements of the Franchisee's On -Going Public Education & Outreach Plan described in EXHIBIT C. Any changes to the Plan by Franchise; must be approved in advance by the City. All printed materials (other than bills) produced by Franchisee relating to services provided under this Agreement, andsent to Service Recipients er distributed publicly as part of Franchisee's public education and outreach activities, shall be approved by City prior to being printed for distribution such approvalnot to be unreasonably withheld, conditioned ordelayed by City). A draft of alltext and illustrations shall be provided to the City at least two weeks in advance of production of the final document. All reasonable comments provided by the City Representativeshall be incorporated, andthe final version of the text and illustrations shall be acceptable to both City and Franchisee. Franchisee will support the City's Extended Producer Responsibility Policy and will write letters in support of Stateand Federal Legislationpromoting Extended Producer Responsibility objectives, philosophies and programs. Franchisee will develop and adopt an Extended Producer Responsibility Policy to cover its operations in Cupertino. 9.3 Additional Recyclable Materials A.In the event City or Franchisee, during the term of this Agreement, proposes to add other materials to the list of Recyclable Materials to be collected. processedand marketedby May 18, 2010 20 Cupertino- ColTectionAgreement237 Franchisee, such additional material shall be added to the list in EXHIBIT A of this Agreement, if mutually agreed to in writing by City and Franchisee. B.If Franchisee proposes the addition of the material, the proposal shall be in writing, and include the extent to which the addition of theproposed material would require a modification of the current Recyclable Materials collection vehicles, the use of an additional Recyclable Materials Container, and the use of additionalcollection vehicles, and shall notify City of the estimated costs of adding the proposed material. C.If City proposessuch addition in writing, Franchisee shall submit a written proposal detailing how the materials would be handled and thecost of adding the materials within thirty (30) calendar days of City's request. City shall respond in writing to Franchisee's description of changes and costs of implementation within thirty (30) calendar days of Franchisee's notification to City. D.Both parties shall negotiate ingood faith for the purpose of reaching an Agreement for the addition of the proposed material and a schedule for the implementation of the collection of such material. The City Representative is authorized to negotiate on behalf of City and to approve the additional material and imp ementation schedule, but any agreement which would result in additional compensation to Franchisee, shall not become effective unless approved by the City Council. E.Franchisee shall notify all Service Recipients, and include notification on the Franchisee's Cupertino Services webpage, of the changes in materialsbeing recovered before any changes in the program are implemented. F.During the course of this agreement, City may approve a banon landfilling selected material types. This ban will likely take the form of a requirement that the Franchisee not collect Garbage Containersthat contain visible quantities of the banned materials. Franchisee agrees that if City does enactsuch a ban, Franchisee will support this ban by complying with City's request tonot collect contaminated loads. Inthe event of non - collection, Franchiseeshall leave a Non - Collection Notice (NCN). 9.4 Emergency Services - Franchiseeshall begin providing emergency services as directedby City within 24 -hours of notification by City. Emergency services are services beyond the services specified in this Agreement, which result from emergency conditions such as earthquake, fire, flood, or othernatural calamity, riot, insurrection public disobedience, labor controversy, labor strike, or similar condition which threatenthe public health, safety and welfare, and which are reasonably relatedto theservices provided by Franchisee under this Agreement. City shall pay Franchisee for emergencyservices performed pursuantto this Section 9.4 at the rate of One Hundred Fifty Dollars ($150) per hour of serviceby truck and driver. Emergency conditions do not include the results of failure of Franchisee to comply with the standards and procedures set forth in this Agreement. If Franchisee is not able to provide emergency services within the 24 -hour period set forth in the preceding paragraph, City, or its agents, may assume and carryout such emergencyservices for the duration of the emergency or until such time as Franchisee is able to provide such emergency services, whichever occurs first. Franchisee shall make available to City all of Franchisee's operable equipment and other facilities necessary for providing such emergency services, and City shallpayFranchisee the reasonable rental value of the equipment and facilities used. While City, or its agents, provides emergency services under this Section 9.4, City, or its agents, shall operate, maintain and repair, without cost to Franchisee, Franchisee's equipment and other facilities used. Upon cessation of such services, the right to use such equipment and facilities shall expire and City shall return said equipment and facilities to Franchisee in a condition substantially the same as that which existed upon taking possession of said equipment and facilities, ordinary wear and tear excepted. 3fay 18, 2010 21 Cupertino- CoffectionAgreement238 If City directs Franchisee to provide emergency services, or to make available Franchisee's equipment or facilities so that City, or its agents, can provide emergency services, Franchisee shall not be liable for any breach of this Agreement that results from complying with such directions. 9.5 Disruption of Services 9.5.1 Substitute Collection - If, at any timeduring the term of this Agreement, for a period of three (3) consecutive Working Days or more, Franchisee fails for anyreason to collect and remove Garbage, Recyclable Materials and Compostable Materials fromall or a substantial portion of Service Recipients as required in this Agreement, City may immediately, upon prior written notice toFranchisee, cause such Garbage, Recyclable Materials and Compostable Materialsto be collected and removed bywhatever means available to City, until such time, not to exceed one - hundred- twenty (120) days, as Franchisee is able to resume service. For so long as Franchisee continuesto collect fees from ServiceRecipients pursuant to Section 11.4 of this Agreement, Franchisee shall pay any and all reasonable costs incurred by Cityfor the provision of such substitute services. 9.5.2 Use of Equipment - For the purpose of providing such substitute services, and upon prior written notice toFranchisee, City may (but shall not be required to) take possession of and operate through its employees or any other properly licensed persons, anyand alltrucks and otherequipment used by the Franchisee for the collection and removal of Garbage, Recyclable Materials and Compostable Materials in the Franchise Area. In this event, Franchisee shall provide City with driver route listings and necessary operational records, and City shall pay Franchisee the reasonable rentalvalue of the ec uipmentused. While City, or its agents, uses Franchisee's equipment under this Section 9.5.2 toprovide substitute services, City, or its agents, shall operate, maintain and repair such equipment without cost to Franchisee. Upon cessation of such substitute services, the right to use such equipment shall expire and City shall return said equipment to Franchisee in a condition substantially the same as that which existed upon taking possession of said equipment and facilities, ordinary wear and tear excepted. City shall indemnify and hold harmless Franchisee from and against any damage to such equipment or liability to any third person injured or damaged as a result of City's use or possession of such equipment to the extent suchdamage or liability is not covered by insurance. Employees of Franchisee, including management employees, may be employed by City during any periodin which City temporarily assumes the obligations of Franchisee under this Agreement. 9.5.3 Strike or Labor Dispute - The partieshereby agree that in the event a strike or labor dispute occurs, this Agreement shall notterminate for the duration of the strike or labor dispute, provided that Franchisee uses its best efforts to insure that its obligations under this Agreement do not go unperformed for a period greater than three (3) Working Days (it beingunderstood that this Agreement may only be terminated in accordance with Article 16). Inorder to insure that its obligations under this Agreement are adequately performed, Franchiseemay subcontract the performance of services required under this Agreement with entities not affiliated with Franchisee. In the event that City assumes responsibility for Garbage, Recyclable Materials and Compostable Materials handling services in City, Franchisee shall maintain an unobstructed entrance at its place of business which is not regularly used but which will be primarily reserved for use by City while City or its designated representative is collecting Garbage, Recyclable Materials and Compostable Materials. If the labor dispute or picketing blocks access to Franchisee's place of business, Franchisee shal I receive no compensation (other than the reasonable rental value of equipment used) to the extent that such labor dispute or picketing May 18, 2010 22 Cupertino - Collection Agreement239 caused Franchisee to fail to collect and remove Garbage, Recyclable Materials and Compostable Materials inaccordance with the provisions of this Agreement. ARTICLE 10 REPORTING REQUIREMENTS 10.1 General Reporting Requirements - Franchisee shall provide Monthly and Annual Reports containing all information required in EXHIBIT G of this Agreement, at no cost to City. Reportsshall be in a format approved by City Representative. Revenue and Tonnage information shall be provided in a Microsoft Excelspreadsheet, with totals calculated byformulas where appropriate. 10.2 Service Recipient Database - Franchisee shall at all times maintain a computerized database containing a complete file of Service Recipients coded by category, number of Garbage Containers, and set -back distance charges. The file shall include the address of the collection location and the address of theService Recipient if it is different, and a record of any Non - Collection Notices (NCNB) left by Franchisee for such Service Recipient. The database shall at all times be remotely accessible to the City by means of an internet connection. Franchiseeshallcooperate with City with respect to providing information relevant tothis Agreement which is not specified in this Article 10. Franchisee shall not use the Service Recipient database for any purpose other than to provide services specified inthis Agreement. The database maynot be distributed to any party other than to provide services specified in this Agreement. The database shall be turned over to City upon termination of this Agreement. 10.3 Transfer of Data — During the Term of this Agreement, the customer billing database shall be consideredto be jointly owned by both City andthe Franchisee, and shall be made available to City on request. Six (6) months prior to the termination date of this Agreement, and within ten (10) Working Days of a request by City (up to five times during the term of the Agreement), the Franchiseeshall provide City a complete listing of all billing accounts, level of service information and route maps. The listing of billing accounts and level of service information shall be provided on a computer disk in software mutually agreed upon by both City and Franchisee. ARTICLE .11. SERVICE RATES & PAYMENTS 11.1 Rates to Service Recipients — Franchisee shall bill Service Recipients for services at the rates set by the City Council, and listed in EXHIBIT B, [needs to be updated for August 2010 rate adjustments] Schedule of Approved Rates, of this Agreement. The initial maximum rates chargeable by Franchisee to Service Recipients shall be for the period from November 1, 2010 throughOctober 31, 2011. EXHIBIT B shall be further amended from time to time as set forth in Article 12. 11.2 Non - Subscription On- Premises Service Notwithstanding any term or condition set forth inthis Agreement, Franchisee shall provide on - premises collection of Residential Collection Services to a single- family dwelling ( "SFD ") Service Unit if all adult Service Recipients residing therein have disabilities thatprevent them from setting the Recyciables, Compostables and Garbage carts at thecurb for collection, and if a request for non- subscription on-premises service has been made to, and approved by, the City Representative inthe manner required by City. Noadditional moniesshall be due to Franchisee for the provision of non - subscription on- premises service. Franchiseemay at any time, but not more often than twice in any Contract Year, request that the City Representative verify the eligibility of a SFD for non- subscription on- premises service. Uponreceipt of Franchisee's request, the City Representativeshall make a determination as to whether the SFD meets the eligibility requirements and shall notify Franchisee of such determination within sixty (60) calendar days of Franchisee's request. At the time Franchisee makes the request for verification of eligibility, May 18, 2010 23 Cupertino- CoCfectionAgreement240 Franchiseemay submit to the City Representative any information relevantto the City Representative's determination. 11.3 Maximum Rate Adjustments to Service Recipi — The maximum rates chargeable by Franchisee toService Recipients for services provided pursuant to this Agreement shall be adjusted annually based on the formula provided inSection 12.2 of this Agreement, and as otherwise set forth in this Agreement. 11.4 Billing - Franchisee shall mail bills to, or communicate electronically with service recipients that select that option, allResidential Service Recipientsnot earlier than one (1) month, nor later than two (2) months, into each quarterly billing cycle. Non - Residential Service Recipients shall be billed monthly in arrears. Payment shall be due before the Service Recipient's next billing date. Residential Service Recipients will be considered delinquent after 90 days from their billing date; Non - Residential Service Recipients will be considered delinquent after 30 days from their billing date. Franchiseeshallundertake reasonable efforts to obtain payment of delinquent amounts from Service Recipients, including, but not limited to, sendingthree (3) written notices and demand letters, and making weekly telephone calls to all Service Recipients who have notpaid their bill by thedue date. The "second notice" billing should be mailed notlater than ten (10) working days after the original due date. Annually, on a schedule determined by the City, Franchisee shall provide City with the names, addressesand amount owed for all Service Recipients who are more than ninety (90) days delinquent in making payments for services provided. If a bill remains unpaid for thirty (30) days after such notice is mailed, Franchisee shall provide the City a listing of delinquent properties and amounts due for collection through the initiation of lien and special assessment proceedings in accordance with the City's municipal code. 11.5 Payments by Service Recipients — Franchiseeshall provide a mechanism for Service Recipients to make payment electronically. 11.6 Payments to City - Franchisee shall remit to City, within twenty (20) days of the end of each month, a Franchise Fee in the amount of twelve percem: (12.0 %) of all Revenues from all sources relating to this Agreement collected in the prior month, except i - or therevenues from the sale of recyclable materials and from the Household Hazardous Waste Fee (as defined below). Franchiseeshall also remit to City, together wLh the Franchise Fee, a Solid Waste Fund Operations Fee in the amount of seventeen percent (17.0 %) of all Eligible Revenues. Payment of the Franchise Fee and Solid Waste Fund Operations Fee to City shall be accompanied by sufficient documentation to identify the source of allrevenues. Thisdocumentation shall include, at a minimum, specifics for each account, the amount billed, the amount collected, a listing of accounts which received Excess Services and the arrount of Extra Services provided, and a listing of accounts which are delinquent. All fees from the Newby Island landfill for disposal of debrisbox and compactor loads generated under this Agreement shall be reimbursed to the City monthly by Franchisee and documented in the Franchisee's monthly remittance report. The costs frorn debris boxes and compactorsdisposed at Newby Island landfill which are reimbursedto City shall be sufficiently documented to identify the source of this reimbursement to the City. Franchise Fees are due on all revenues and Solid WasteFund Operations Fees are due on all Eligible Revenues collected from the performance of this Agreement following the termination of this Agreement. 9Vay 18, 2010 24 Cupertino - Collection Agreement241 ARTICLE 12 FRANCHISEE'S COMPENSATION 12.1 Franchisee's Compensation - Franchisee shall retainall revenues collected from this Agreement, except the twelve percent (12.0 %) Franchise Fee and the seventeen percent (17.0 %) Solid Waste Fund Operations Fee, which shall be remitted to City, except as provided in Section 9.5.1. 12.2 Annual Maximum Rate Adjustments — The maximum rates chargeable by Franchisee, as set forth on EXHIBIT B, will be increased or decreased annually by 100% of the change in the ConsumerPrice Index (U) for All Items for the San Francisco Bay Area (series ID: cuura422sa0) ( "CPI -U "), to adjust for changes in Franchisee's cost of doing business. The adjustment in maximum rates that will apply to each subsequent Contract Year (November 1 to October 31) will be obtained by multiplying each maximum rate for the current ContractYear by one 1) plus the Annual PercentageChange in CPI -U. The "Annual Percentage Change" in CPI -U is calculated as the AverageIndex Value of CPI -U for the 12 -month period ending on March 31 of the currentContract Year, minus the Average Index Value of CPI -U for the 12 -month periodending on March 31 of the prior Contract Year, and dividing the result by the Average Index Value of CPI -U for the 12 -month periodending on March 31 of such prior Contract Year. The "Average Index Value" of CPI -U for a 12 -month period means the sum of the published bi- monthly values of CPI -U for such period divided by 6. On or before August 15 of each calendar year (beginning in 2011), Franchisee shall submit to the City documentation evidencing the change in the index and a revised EXHIBIT B reflecting the index - adjusted maximum rates. City Representative shall review Franchisee's calculations based on the formula and exampleshown in Exhibit J, and shall notify Franchisee of any errors within thirty (30) days of Franchisee's submission. Before October 1, following Franchisee's submission, the City shall take action to adjust the ratesand fees to maintain the required revenues to Franchisee. 12.3 Special Maximum Rate Adjustments — Regulatory changesand other changes which cannot be foreseen, or events outside of Franchisee's control, may be the basis for a special adjustment of the maximum rates that may be charged byFranchisee. Franchisee may request a special adjustment at any time. Special adjustments will be solely at the reasonable discretion ofCity, based on the written request and documentation provided by the Franchisee, except that, upon providing reasonable justification to City, Franchisee shall be entitled to a special maximum rate increase in an amount sufficient to cover the following: 12.3.1 Franchisee's reasonable additional costs arising out of or relating to anychange in law (including withoutlimitation case law, statutes, rules and regulations and the interpretation or application thereof by any court orgovernmental body) occurring after the date hereof. 12.3.2 Franchisee's reasonable additional costs arising out of or relating to the use of an alternative location for disposal of Garbage if Newby Island Landfill for any reason becomes unavailable for use by Franchisee in the manner contemplated by this Agreement. Any request by Franchisee for a special maximum rate adjustment shall be submitted to City Representative and shall specify theevent orcircumstance giving rise to the request, Franchisee's additional or excesscosts arising out of or relating to such event or circumstance, and the change in the maximum rate structurethat Franchisee proposes to cover such costs. If Franchisee is entitled to a special maximum rate adjustment under this Section 12.3 with respect to a particular event or circumstance, such adjustment shall be established in such a manner as to allow Franchisee to recover all reasonable additional or excess costs incurredby Franchisee with respect to such event or circumstance, May 18, 2010 25 Cupertino- CofrectionAgreement242 including without limitation costs incurred before the e-Ffective date of such adjustment. City Representative shall review Franchisee's request and notify Franchisee, within thirty (30) days of Franchisee's submission, of City's response to Franchisee's request and any questions City may have regarding such request. City shall use reasonable best efforts to cause Franchisee's request to be heard by the City Council within ninety (90) days of Franchisee's submission. 12.4 Rate Request for Compostable Materials Proce King — The parties acknowledge that thecost of processing the Non - ResidentialCompostable Materials collected is relativelyuncertain. As such, Franchisee, at the end of the first Contract Year, will evaluate and report to City any fluctuations in the cost of that expanded service. On the basis of that evaluation, Franchisee may propose a rate adjustment for Non - Residential Service Recipients if necessary to cover any increased cost. However, the City retains the right to approve, disapproveor modify any such rate proposal. Franchisee's report will include revenue collected as a result of this exclusive Franchise Agreement and all costs associated with processing of Compostable Materials at the South Valley Organics facility. After the first Contract Year, Franchisee will provide the City with annual reports (by December 31 each year, for the period of November 1 through October 31) showing Franchisee's actual costs to process Compostable Materials. These reports will help Franchisee todetermine any incremental rate increases that will be necessary to fund the Compostable Materials processing services. After providing actual costs and projections, Franchisee may prepare a request for a rateincrease for the City Council's consideration. Rate increases would not be applied until the second year of implementing theexpanded programs. Lower Compostable Materials processing costs are expected during the first two years while customer participation has not yet reached the maximum. Increases in revenues to Franchisee from sale of Recyclable Materials (above therevenues from the first year of this Agreement) and from sale of productsproduced from Compostable Materials Processing shall beused to partially offset the increases in Compostable Materials Processing costs identified after the first Contract Year. 12.5 Liquidated Damages - City and Franchisee agree that the liquidated damages amounts set forth below represent a reasonable estimate of the amounts of such damages, including the relationship of the sums to the range of harm to City that reasonably could be anticipated, and the anticipation that proof of actual damages would be costly or inconvenient. Franchisee agrees to paysuch amount as liquidated damages (not as a penalty) for the following incidents: For each failure over six (6), in any twelve (12) consecutivemonth period, to commence service to a new Service Recipient within seven (7) days of theService Recipient's request forservice. For each failure over six (6), in any twelve (12) consecutive month period, to provideRecyclable Materials Containers, Compostable Materials Containers, or Garbage Containers to a new Service Recipient within seven (7) days of the Service Recipient's request for such Containers. For each failure over six (6), in any twelve (12) consecutive month period, to provide Containers for Extra Services to any Service Recipient within seven (7) days of the Service Recipient's request for such Containers. For each failure over twelve (12) in any twelve (12) consecutive month period, to collect Garbage, Recyclable Materials or Compostabl.- Materials which were properly prepared and set - out for collection. For each failure over twelve (12), in any twelve (12) consecutive month period, of the collection containers not being left by Franchisee at the same location after collection thatthey wereplaced for collection by the Service Recipient. For each failure over twelve (12), in any twelve (12) consecutive month period, to collect a missed set -out within l Working Day after the Service Recipient notifies Franchisee of the MissedPick -up and requests collection. 3fay 18, 2010 26 Cupertino- CodectionAgreement243 For each occurrence of collection during unauthorized hours (starting early or finishing late). For each occurrence over twelve (12), in any twelve (12) consecutive month period, of failing to clean up any litter spilled by Franchisee on any public street within two (2) hours of the occurrence. For each time the bills are sent out earlyorpayment duedates are earlier than provided for in Section 11.4 of this Agreement. For each Working Daythat a Monthly Report or Annual Report is incomplete or late. For each Working Day over two (2) that a Monthly Report or Annual Report remains materially inaccurate or materially incompleteafter City has notified Franchisee of the inaccuracy or incompleteness. For each complaint over two (2) in any monthregarding the amount of time a customer was left on hold on a call for more than one (1) minute by Franchisee. For transporting a leaking compactor or front - loader bin on any vehicle through public or private streets where the seepagehas the potential to e,iter a storm drain system. For each occurrence of other similar incidents. Damages will start at $50.00 per incident, and may increase, at sole discretion of City, in increments of up to $50 per incident, to a maximum of $500 per incident for repeated failure toperform any one condition for the same type of infraction as specified in the Agreement. In order for an incident to be used as the basis for the assessment of any liquidated damages, orto be used as an incident preceding an incident that is the basis for the assessment of any liquidated damages, City shall provide Franchisee written notice of the incident within 30 days of learning of its occurrence. The notice will include a brief description of the incident andthe expected timeallowance for resolution. The Parties agree to meet to discuss, in good faith, a resolution prior to City assessing incrementalincreases. 12.6 Adjustments for Damages - City shall charge the Franchisee any costs City incurs for the Franchisee's failure to collect wastes, divert materials to be in compliance with State and Federal Regulations, and operate equipment properly; or the costs of responding to complaints and problems; and other costs relating to failure of the Franchisee to comply with all other aspects of this Agreement. Within ten (10) days of notification by City, Franchisee may submit a written appeal to the City Representative challenging the occurrence of the incident, stating why the incident is not a proper basis for the assessment of liquidated damages, or is not a proper incident preceding an incident that for the basis for the assessment of liquidated damages, or explaining why the liquidated damages should not be assessed. The decision of the City Representativeshall be final. Franchiseeshall payany liquidated damages withinthirty (30) calendar days after they are assessed. Payment of liquidated damages will in no way be a waiver of City's authority to terminatethis Agreement 12.7 Household HazardousWaste Fee - Franchisee will contract with Curbside, Inc. to provide a Household Hazardous Waste Program to City residents. On behalf of City, Franchisee agrees toinclude in its quarterly billing statements to Residential Service Recipients (monthly billing statements for Multi - Family that do not subscribe to individual cart service) the fee for such service that has been approved by the City Council (the "Household Hazardous Waste Fee "). TheHousehold Hazardous Waste Fee for the first ContractYear (November 1, 2010 throughOctober 31, 2011) shall be the rate set forth on EXHIBIT B, and shall thereafter be adjustedby the same percentage that is applied toother rates pursuant to Section 12.2. The parties acknowledge that the Household HazardousWaste Fee andthe adjustment mechanism may change if the Household Hazardous Waste Collector is replaced. Stay 18, 2010 27 Cupertino- CoffectionAgreement244 12.8 Changeig_ n City Fees - City may change the percentage of the Franchise Fee or the Solid Waste Fund Operations Fee, or the amount of the Household Hazardous Waste Fee, so long as, before anysuch changetakes effect, the maximum rates chargeable by Franchisee are adjusted so that such change does not reduce Franchisee's compensation after taking into account payment to City of all such fees. City shall give Franchisee at least ninety (90) days written notice of its intent to change any such fee. ARTICLE 13 PERFORMANCE BOND 13.1 Faithful Performance Bond - Within ten (10) calendar days from the date the City Council approves this Agreement and by October 10 of each year of this Agreement, Franchisee shall procure and provide City with a fully prepaid surety bond, or the letter of credit, for at least the duration of such Contract Year, to guarantee and assure the prompt and faithful performance of Franchisee's obligations under this Agreement. Such bond shall be executed by a suretylicensed and in good standing with the Department of Insurance in the State of California, and have a Best Company rating of A -10 or better. Thebond shall name City of Cupertino as obligee, shal I provide at least thirty (30) calendar day's prior notice of any cancellation, and shall be in the amount of Two Hundred Fifty Thousand Dollars 250,000.00). The bond will continuein effect for three (3) months beyond the term of the Agreement, or until all Franchise Fee Payments to City and the End of Agreement Reports specified in EXHIBIT G are providedto City. The form of the bond and the surety are subject to the reasonable approval of the City Representative and the City Attorney. The bond will be executed as surety by a corporation authorized to issue surety bonds in theState of California, with a financialcondition and record of service reasonably satisfactory to City. City reserves the right to reduce or waive this requirement at any time. The condition of the performance bondshall be such that if Franchisee shall well and truly perform the covenants, promises, undertakings and obligations contracted byFranchisee to be performed under this Agreement (other than inchoate indemnity obligations), then the obligation of the bondshall be void; otherwise it shall remain in full force and effect. Said bondshall terminate and be canceled upon the completion of all of Franchisee's obligations under this Agreement (other thaninchoate indemnity obligations). City shall executeand deliver to Franchisee or Franchisee's surety company promptly upon Franchisee's completion of all of Franchisee's obligations under thisAgreement (other thaninchoate indemnity obligations) such certificates or other documents as either of themmay reasonably request for the purpose of terminating and canceling such performance bond. 13.2 City's Rights - City shall have the right to draw against the faithful performancebond or the letter of credit in the event of a breach or default of Franchisee or the failure of Franchisee toperform fully any obligation under this Agreement, only upon one (1) Working Day's prior written notice to Franchisee, toreimburse City's reasonable, andnecessary costs incurred as a result of an Event of Default, and not as a penalty. Within five (5) Working Days of receipt of such notice from City, Franchisee shall renew or replace such sums of money as needed to bring the faithful performancebond or letter of credit to the full amount specified in Section 13.1 of this Agreement. ARTICLE 14 INSURANCE REQUIREMENTS 14.1 Insurance Policies — Franchisee shall procure and maintainthroughout the term of this Agreement insurance on the terms and conditions set forth in this Article 14 against claims for injuries to persons or damages to property which may arise from or in connection with Franchisee's performance of work or services under this Agreement. Franchisee's performance of work or services shall include performanceby Franchisee's employees, agents, representatives and subcontractors. May 18, 2010 28 Cupertino - Collection Agreement245 14.1.1 Minimum Limits of Insurance - Franchisee shall maintain insurance limits no less than: A. Comprehensive General Liability: $4,000,000 combined single limit per occurrence forbodily injury, personal injury and property damage. B.Automobile Liability: $4,000,000 per accident, bodilyinjury and property damage combined. C.Workers' Compensation and Employers Liability: Workers' Compensation limits as requiredby the California Labor Code and Employers Liability. D. Hazardous Waste and EnvironmentalImpairment Liability: $4,000,000 per claim. 14.1.2 Deductibles and Self- Insured Retentio - Any deductibles or self - insured retentions must be declared to, and approved by, the City Representative. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects City, its officers, employees, agents and Franchisees; or Franchisee shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specifiedby the City Representative. 14.2 Endorsements - The policies are to contain, or be endorsed to contain, the following provisions: General Liability and Automobile Liability Coverage 1.City, its officers, insureds, employees, agents and Franchisees are to be covered and named as additional insureds as respects: Liability arising out of activities performed by, or on behalf of, Franchisee; products and completed operation of Franchisee; premises owned, leased or used by Franchisee; and automobiles owned, leased, hired or borrowed byFranchisee. Thecoverage shall contain no special limitations onthe scope of protectionafforded to City, its officers, employees, agents and Franchisees. 2.Franchisee's insurance coverage shall be primary insurance as respects City, its officers, employees, agents, and Franchisees. Any insurance or self - insurance maintained by City, its officers, employees, agents or Franchisees shall be excess of Franchisee's insurance and shallnot contribute with it. 3.Coverage shall state that Franchisee's insuranceshall apply separately to each insured against whomclaim ismade o° suit is brought, except with respect to the limits of the insurer's liability. Each insurance policy required by this section shall be endorsed to state that coverage shallnot be suspended, voided, canceled, or reduced in limits except after thirty (30) days' prior written notice has been given to City. 14.3 Acceptability of Insurers - Insurance is to be placed with insurers acceptable to the City Representative, who shall be reasonable in evaluation of the insurers. Such insurance shall be executed by a surety licensed and ingood standing with the Department of Insurance in the State of California, and have a Best Company rating of A -10 or better. All insurers must be identified by full name; rating, according to the latest edition of Best's KeyRating Guide; and status as insurers admitted in California. If the company is not rated, current financial information should accompanythe quotation. 14.4 Verification of Coverage - Franchisee shall furnish City with certificates of insurance and with original endorsements effecting coverage required by This Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized bythat insurer to bind coverage on its behalf. Franchisee shall furnish City with a new certificate of insurance and endorsements upon each May 18, 2010 29 Cupertino - Collection Agreement246 renewal of coverage or change of insurers. Proof of insurance shall be provided in writing to the City Representative. 14.5 Subcontractors — Franchisee's insuranceshall include coverage forwork performed in connection with this Agreement by its subcontractors, and Franchisee shall obtain separate certificates and endorsements for each subcontractor evidencing the same coverageand limits as required of Franchisee. The coverage and limits required by the initial HHW Collector are as set forth in the agreement between Franchisee and Curbside Inc. attached hereto as Exhibit K. 14.6 Modification of Insurance Requirements - The insurance requirements provided in this Agreement may be modified or waived by the City Representative, in writing, upon the request of Franchisee if the City Representativedetermines such modification or waiver is in the best interests of City considering all relevant factors, including exposure to City. 14.7 Insurance Reimbursement - In the eventFranchisee fails to maintain in full force and effect any insurance policy required to be maintained by Franchisee under this Article 14, City may, inaddition to any other remedies under this Agreement, paythe premiums for such insurance policy on Franchisee's behalf, and Franchisee agrees to paythecost of said insurance. ARTICLE 15 INDEMNIFICATION 15.1 Indemnification and Hold Harmless - Franchisee, for and on behalf of itself and its agents, subcontractors, directors, officers, employees and representatives (collectively, and including Franchisee, the "Franchisee Parties ") shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, and including City, the "City Parties ") from and against anyand all losses, liabilities, penalties, claims, demands, judgments, damages, actions or suits, of any and every kind and description (collectively, "Losses "), arising or resulting; from (i) any breach by Franchisee Parties of this Agreement, (ii) any noncompliance by any FranchiseeParty in the performance of this Agreement with any lawsrespecting the collection, transportation, processing or disposal of Recyclable and Compostable Materials, or (iii) any negligence or willful misconduct of any Franchisee Party. The acceptance by City of any work or servicesunder this Agreement shall not operate as a waiver of such indemnification or hold harmless. 15.2 Defense - Upon the demand of City, Franchisee shalldefend City, its officers and/or employees against any matter described in Section 15.1 of this Agreement with attorneys selected by Franchisee and reasonably acceptable to City. 15.3 Exception - Notwithstanding Sections 15.1 and 15.2, Franchisee's obligation to indemnify, hold harmless and defend City, its officers, agents and employeesshall not extend to anyLosses to the extent arising from acts oromissions constituting negligence or willful misconduct onthe part of City, its officers, agents or employees, or their subcontractors. 15.4 Damage by Franchisee - If Franchisee's employees orsubcontractors cause any injury, damage or loss to Cityproperty, including but not limited to City streets or curbs (excluding normal wear and tear, and leakage or spillage of fluids described in the last sentence of this Section 15.4), Franchisee shall reimburse City for City's reasonable costs of repairing such injury, damage or loss. Such right to reimbursement is not in derogation of any right of City to be indemnified by Franchisee for anysuch injury, damage or loss. With the prior written approval of City Representative, Franchisee may repair such injury, damage or loss at Franchisee's sole cost and expense. If Franchisee's vehicles leak or spill Way 18, 2010 30 Cupertino- CoffectionAgreement247 hydraulic fluid, motor oil, or similar fluids on City streets or curbs, Franchisee shall, within two (2) hours of the spill, apply absorbents tomitigate the effects of the spill, but shall not be required toremove (or be responsible for the cost of removing) any stain remaining after such absorbents have been applied. ARTICLE 16 TERMINATION 16.1 Franchisee's Default - City may terminate this ,Agreement immediately upon written notice to Franchiseeuponthe occurrence of any of the following (each, an "Event of Default "): 16.1.1 Failureto Perform -Franchisee's default of any material duty or obligation of Franchisee under this Agreement and Franchisee's failure :o cure such default withinthirty (30) calendar days of City's written notice to Franchisee of such default, provided, however, that if the default is not capable of cure within said thirty (30) calendar days, Franchisee shall provide written notice to City together with a schedule of cure within fifteen (15) calendar days of City's notice of default, shall beginactions to curethe default within said thirty (30) calendar days, and shall diligently proceed to cure the default, and so long as such conditions are fulfilled, the cure period shall be extended for such additional period as may be required to cure the default. 16.1.2 Failure to Maintain Performance Bond or Insurance - Franchisee's acts or omissions result infailure to provide and maintain the performance bond as requiredby this Agreement or failure toobtain or maintain the insurance policies and endorsements as requiredby this Agreement. 16.1.3 Failure to Indemnify for AB 939 Penalties -Franchisee fails to indemnify City within thirty (30) days after demand by City against state penalties imposed on City under AB 939 California Integrated Waste Management Act of 1989) by reason of Franchisee's failure to perform its obligations under this Agreement. 16.1.4 Bankruptcy or Insolvency of Franchise - The occurrence of any of the following and Franchisee's failure to provide adequate assurance that the same can be cured within thirty (30) calendar days of City's demand for such assurance: (1) the appointment of a receiver or trustee to take possession of all or substantially all of the assets of Franchisee; (2) Franchisee's general assignment if its assets for the benefit of Franc lisee's creditors; (3) a court entry of any decree or order adjudging Franchisee to be insolvent or bankrupt; (4) a courtentry of any decree or order approving as properly filed a petition seeking r .-organization of Franchisee or an arrangement under the bankruptcy lawsor any other applicable debtor's relief law or statute of the United States or any State; or (5) a reasonable determination by the City Representative, based upon a statement prepared by an independent certified public accountant mutually agreed upon by Franchisee and the City Representative, that th,-re is a substantial probability that Franchisee's financialcapability to performthis Agreement is impaired. 16.2 Authority toTerminate - The City Council of City is the sole party authorized to terminate this Agreement on behalf of City. Any termination of this ,Agreement under this Article 16 shall not relieve Franchisee of the obligation to payany fees, taxes, or other charges then due to City norrelieve Franchisee of the obligation to file any Monthly Reports or Annual Reports covering the period to termination norrelieve Franchisee from any claim for damages previously accrued or then accruing against Franchisee. City shall pay to Franchisee, and Franchisee shall be entitled to collectfrom Service Recipients, any amounts due to Franchisee for the performance of services under this Agreement through the effective date of termination. 9day 18, 2010 31 Cupertino- CoffectionAgreement248 16.3 Termination Cumulative - City's right to terminate this Agreement is cumulative to any other rights and remedies provided by law or by this Agreement. 16.4 City's Default - Franchisee may terminate this .Agreement if City defaults by (i) failing to set rates as required by this Agreement, (ii) failing to pay f,-es and provide access to Newby Island Landfill as provided in Section 7.1.2 (unlessCity makes available an alternative site on substantially the same terms to Franchisee), or (iii) violating the exclusivity provisions of this Agreement, and in each case City fails to cure such default within thirty (30) calendar days of Franchisee's written notice to City of such default. If the default is not capable of cure within said thirty (30) calendar days, City shall provide written notice to Franchisee together with a schedule of cure within fifteen (15) calendar days of Franchisee's notice of default, shallbeginactions to cure the default within said thirty (30) calendar days, and shall diligently proceed to curethe default, and so long as such conditions are fulfilled thecure period shall be extended for such additional period as may be required to cure the default. 16.5 Force Majeure - Neither party shall be in default of its obligations underthis Agreement in the event that, and for so long as, it is impossible or extremelyimpracticable for such partyto perform its obligations due to a Force Majeure event or the effect thereof. A party claiming excuse under this Section 16.2 shall promptly givenotice thereof to the other party together with a description of the Force Majeure event, and shall use reasonable best efforts to remedy its inability to perform as quickly as possible. ARTICLE 17 GENERAL PROVISIONS 17.1 Service Standards - Franchisee shall perform all services under this Agreement in a thorough, courteous and professional manner. Collection services described in Article 4 of this Agreement shall be performed regardless of weather conditions and regardless of difficulty of collection (subject to Sections 4.1.6 and 16.2). 17.2 Labor and Equipment - Franchisee shall provide and maintain all labor, equipment, tools, facilities, and personnel supervisionrequired for the performance of Franchisee's obligations under this Agreement. Franchiseeshall at all times have sufficient back up equipment and labor to fulfill Franchisee's obligations under this Agreement. No compensation for Franchisee's services or for Franchisee's supply of labor, equipment, tools, facilities or supervision shall be provided or paid to Franchisee by City or byany Service Recipient except as expressly provided by this Agreement. 17.3 Assignment - Theexperience and expertise of Franchisee are materialconsiderations for this Agreement. Franchiseeshall not assignany of Franchisee's rightsnor delegate any of Franchisee's duties under this Agreement without the prior written consent of City. Any attemptto so assign Franchisee's rights or delegate Franchisee's duties shall be void and of no force or effect. Should theFranchisee wish to assign any of Franchisee's duties under this Agreement, Franchisee must submit their request in writing, and proposal must be approvedby City Council prior to implementation. Any attempted assignmentshall be null and void and of no effect withoutprior City Council approval. 17.4 Successors and Assigns - This Agreement shall be binding upon and inure to the benefit of the successorsandassigns of theparties hereto; provided That no party heretomay assign this Agreement without the prior consent of the other party, which consentthe City may withhold at its sole discretion; and provided, further, that no assignmentshall be valid and binding that endeavors torelieve the 9Kay 18, 2010 32 Cupertino - Collection Agreement249 assigningparty of any obligations to make payments that accrued prior to the date of assignment or of which the assignee has not affirmatively agreed, in writing, to assume all obligations of the assignor thereunder. Any dissolution, merger, consolidation or otherreorganization of Franchisee, or sale or other transfer of the capital stock of Franchisee, which result3 in any party other than Recology, Inc., a Californiacorporation, or its affiliatesholding a controlling percentage of the capital stock of Franchisee, shall be deemed a voluntary assignment. The phrase "controlling percentage" means the ownership of, and the right to vote, stock possessing at least fifty -one percent (51 %) of the total combined voting power of all classes of Franchisee's capital stock issued, outstanding, and entitled tovote for the election of directors. 17.5 Independent Contractor - In the performance o - services pursuant to this Agreement, Franchisee shall be an independent contractor and not an officer, agent, servant or employee of City. Franchisee shall have exclusivecontrol over the details of theservices and work performed and over all persons performing suchservices and work. Franchisee shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Neither Franchisee nor its officers, employees, agents, contractorsorsubcontractors shall obtain any right to retirement benefits, Workers' Compensation benefits, or any otherbenefits which accrue to City employees and Franchisee expresslywaives any claim it may have or acquire to such benefits. 17.6 Name - Franchisee shall not use a firm name containing the word "City" or otherwords implying municipal ownership without prior written approval of City. 17.7 Law to Govern - The law of the State of California shall govern this Agreement. 17.8 Venue - Any litigation between City and Franchisee concerning or arising out of this Agreement shall be filed and maintained exclusively in the Superior Court of Santa Clara County, State of California, to the fullest extentpermissibleby law. Each party consents to service of process in any manner authorizedby California law. 17.9 Compliance with Law - Inthe performance of this Agreement, Franchiseeshall comply with all applicable laws, regulations, ordinances and codes of the federal, state and local governments, including withoutlimitation the Municipal Code of City. City shall provide written notice to Franchisee of any planned amendment to the Municipal Code which would substantially affect the performance of Franchisee's services pursuant to this Agreement. Such notice shall be provided at least thirty (30) days prior to the City Council's consideration of such an amendment. 17.10 Permits and Licenses -Franchisee shall obtain, and shall maintainthroughout the term of this Agreement, all necessary permits, licensesand approvalsrequired for Franchisee to perform the work and services agreed to be performed byFranchisee pursuant to this Agreement. Franchisee shallshow proof of such permits, licenses or approvals and shall demonstrate compliance with the terms and conditions of such permits, licenses and approvals upon the request of the City Representative, including without limitations, a business license. 17.11 Ownership of Written Materials -All reports, documents, brochures, public education materials, and other written, printed or photographic materials developed by City or Franchisee in connection with theservices to be performed under this Agreement, whether developed directly or indirectly by City or Franchisee, may be used by City without limitation or restriction on the use of such materials by City. City shall not provide materials developed by Franchisee directly to Franchisee's competitors. Franchisee May 18, 2010 33 Cupertino - Collection Agreement250 shall not use any such materials specific to City in connection with any project not connected with this Agreement without the prior written consent of the Cite Representative. 17.12 Waiver - The waiver by City or Franchisee of any breachor violation of any term, covenant or condition of this Agreement shallnot be deemed to be a waiver of any other term, covenant orcondition orany subsequentbreach or violation of the same or of any other term, covenantor condition. The subsequentacceptanceby City of any fee, tax, or any other moneys which may become due from Franchisee to City shallnot be deemed to be a waiver by City of anybreach or violation of any term, covenant orcondition of this Agreement. 17.13 Notices - All notices and other communicationsrequired or which may be given under this Agreement shall be in writing and shall be deemed effectively given (i) three (3) Working Days after having been deposited in the United States first class mail, postage prepaid, (ii) when personally deliveredto the party to be notified, (iii) when sent by facsimile with written confirmation of receipt if sent during the normal businesshours of the recipient, or if not, then on the next Working Day, (iv) one 1) Working Day after deposit with a nationally recognized overnight courier, specifying next day delivery, withwrittenverification of receipt, or (v) if sent by email, upon confirmation of receiptby the party to be notified, or upon receipt by the party to be notified if a copy of the communication is also sent by one of the methods set forth in clauses (i) -(iv) within one (1) Working Day of the transmittal of the email. All noticesor other communications shall be sent to the address, fax number or email address specified below: To City:Environmental Programs Manager (Public Works Department) City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Fax Number: 408 - 777 -3333 Email Address: environmental @cupertino.org City Representative can be reachedbyphone at Environmental @cupertino.org, 408.777.3354. To Franchisee: General Manager Recology Cupertino 650 Martin Avenue Santa Clara. CA 95050 Fax Number: 408 -588 -1102 Email Address: JZirelli @Recology.com General Manager can be reached by phone at 40 &725 -4020. Either party may designate - different contact information by providing notice to the other party as provided in this Section 17.12. 17.14 Transition to Next Franchisee - In the event Franchisee is not awarded an Agreement to continue toprovide services following the expiration or earlier termination of this Agreement, Franchiseeshall cooperate fully with City andany subsequentFranchisee to assure a smooth transition of services described inthis Agreement. Such cooperation shall include, but not be limited to, transfer of computer data, files and tapes; providing routing information, route maps, vehicle fleet information, and lists of Service Recipients and account information. During the last twelve (12) months of this Agreement, these materials shall be providedto City within five (5) Working Days of the request by City. May 18, 2010 34 Cupertino - Collection Agreement251 17.15 City Representative - Except as otherwise provided in this Agreement, the City Representative shall be authorized to act on behalf of the Public Works Director in the administration of this Agreement. 17.16 Franchisee's Records - Franchisee shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, computer files, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to Cityfor a minimum period of three 3) years, or for any longer periodrequired by law, from the date of termination or completion of this Agreement. Franchiseeshall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longerperiodrequired by law, from the date of termination or completion of this Agreement. Any records or documents required to be mainlained pursuant to this Agreement shall be made available for inspection or audit, at any timeduring Franchisee's regular business hours, upon reasonable notice and priorwritten requestby the City Representative, City Attorney, or a designated representative of any of these officers. Copies of such documentsshall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the recordsshall be available at Franchisee's address indicated for receipt of notices in this Agreement. 17.17 Use of Recycled Products - Franchisee is requested to use, wherever commercially reasonable, in the performance of servicesunder this Agreement, products or materials which contain recycled materials content. This would include such items as reports on recycledcontent paper, recycling Containers with recycledplastic content; and use of re- refined oil in collection vehicles. 17.18 Amendment - This Agreement may be amended or modified only by written Agreement duly authorized by Franchisee and City and executed by their authorized representatives. 17.19 Paragraph Headings - Thesubject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and will not affect the construction or interpretation of any of its provisions. 17.20 Drafting - This Agreement, and each of the provisions hereof, have been reached as a result of negotiations between the parties and their respective attorneys. Each of the partieshereto expressly acknowledges and agrees that this Agreement shall not be deemed to have been prepared by or drafted by any particular party and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party or parties, shall not be employed in the interpretation of this Agreement. 17.21 Severability - Should one ormore of the provisions of this Agreement be held by any courtto be invalid, void or unenforceable, the remainingprovisions shall nevertheless remain and continue in full force and effect, and the partiesshall promptly meet and negotiate a substitute for such invalid provisions and modifications to any remaining provisions so as toeffect the original intent of the parties to the extent legally permissible, provided that the substitute and remainingprovisions as so negotiated do not materially change the rights, dutiesor obligations of eitherparty from those rights, dutiesor obligations originally contemplatedby this Agreement. 17.22 Entirety: Agreement and Exhibits - This Agreement representsthe entire Agreement of City and Franchisee with respect to the services to be provided under this Agreement and supersedes andmerges all prior written and oral statements, proposals, representations and agreements betweenthe parties, including without limitation the Prior Franchise Agreement (asof November 1, 2010). The Exhibits to Kay 18, 2010 35 Cupertino - Collection Agreement252 this Agreement are hereby incorporated into andmade a part of this Agreement as though fully set forth herein. 17.23 Nondiscrimination - In performing the collection services hereunder, Franchisee shall not discriminate against any person on the ground of race, sex, age, creed, color, religion or national origin. 17.24 Attorney's Fees - In any legal action or proceeding brought for enforcement of this Agreement, the successful party shall be entitled torecover reasonable attorney's fees and other costs incurred in that action or proceeding, inaddition to any other relief to which the successful party may be entitled. 17.25 Dispute Resolution 17.25.1 Call for Mediation - If the parties are unable to resolve a dispute arising under this Agreement in a cooperative manner, either party may call for mediation, as hereafter described. The party calling for mediation shall serve notice in writing upon the otherparty setting forth the question or questions to be mediated. The costs of the mediation shall be borne equally by the parties. 17.25.2 Mediation -Within ten (10) days after delivery of the noticecalled for underSection 17.25.1, the partiesshall select a mutually acceptable mediator from the Judicial Arbitration and Mediation Service ( " JAMS ") or other mutually agreeable organization. In theeventthe parties are unable to agree on a mediator, a mediator shall be selected for them at random by the San Francisco office of JAMS. However, either side may reject the proposed mediator and JAMS will select another. Within ten (10) days thereafter, subject to the mediator's schedule, the partiesshall meet with the mediator in a good faith attemptto resolve their dispute. Theparties shall continue to meet with the mediatoruntil their dispute is resolvedorthe mediator indicates that he or she does notbelieve that furtherefforts are likely to result in a successful resolution or the dispute is not resolved withinthirty (30) days after the first mediation session, whichever occurs first. The remainder of this page intentionally left blank. Signaturesonthe following page. WITNESS the execution of this Agreement on the dates set forth below. May 18, 2010 36 Cupertino- ColTectionAgreement253 City of Cupertino Recology Cupertino A Municipal C 1, California Corporation By: orpora By: Cty of Cupertino Gen ral anage Date:Uate:0 Lb Approve as to Form:Attest: City Clerk City Attorney Date:to I `oZ 9Kay 18, 2010 37 Cupertino- CodectionAgreement254 EXHIBIT A: RECYCLABLE AND COMPOSTABLE MATERIALS Recyclable Materials include: Aluminum cans Aseptic containers (like those used for milk and juice) Glass bottles and jars of allcolors Paper including newspaper and advertising inserts, magazines, catalogs, envelopes, junk mail and post -it notes, paperboard, flattened cereal and cracker boxes, shoe boxes, gift boxes, paper egg cartons, construction paper, white and colored paper, telephone books, wrappingpaper, flattened corrugatedcardboard boxes [boxes need not to be Bundled], and brown paper grocery bags; and other similar materials) Plastic bags (like those used for dry cleaning, newspapers, groceries or shopping) Plastic bottles, jars, tubs and containers ( #1- #7) Rigid Plastichousehold items and toys Scrapand cast aluminum foil and pans (not exceeding forty (40) pounds in weight nor two (2) feet in any dimension for any single item) Scrap metal (including car parts that are drained ofall fluids) pieces notexceeding forty (40) pounds in weight nor two (2) feet in any dimension for an) singleitem Small kitchen appliances (such as toasters) Steel cans including "tin" cans, empty aerosol cans, and bimetal containers; Used motor oil (in plastic containers with a screw on lid only) Used motor oil filters (in sealed plastic bags only) Used cooking oil (in plastic containers with a screw on lid only) Small dry-cell batteries (in sealed plastic bags onl) ) Compact fluorescent bulbs (one or more contained in a sealed plastic bag) Any other materials mutually agreed to by City and Franchisee, which are separated by the generator from other discards for the purpose of returning them toeconomic use. Franchisee will run its " Coats for Kids program in the fall of everyyear and expand the program to include blankets. Franchisee will promote this program through its residential newsletter, website, quarterly utility bill inserts, newspaper ads, and the City's website and access channel. Franchisee will launder the coats and blankets and donate them tolocal non - profit organizations to keep children and adultsin need warm through the wintermonths. Compostable Materials include: organicmaterials generated from tree trimming, shrubbery pruning, vegetative garden wastes, dead plants, weeds, leaves, grass clippings, and non -food vegetativematter all food soiled paper, such as napkins, towels, plates, tissue, cups, and take -out containers, and including pizza boxes and waxedcardboard boxes All food products and bones, such as chicken, turkey, fish, beef, and pork Coffee grounds, tea bags and filters Dairy products Pasta, bread and dough products All fruit and vegetables Paperboard milk cartons All Compostable Materials must fit entirely within the Compostable Materials Container(s) provided. Way 18, 2010 38 Cupertino - Collection Agreement255 Collection of E -waste and U -Waste Franchisee will collect used motor oil, filters, compact fluorescent lamps (CFLs) and dry cell batteries from Single Family Dwelling (not commercial or MFD) Service Recipients on regular collection days. Motoroil will be placed in sealed, clear, plastic, one - gallon containersapproved by Franchisee, oil filters in clear zip lock bags, batteries in separate clearzip lock bags, and CFLs in separate clear ziplock bags. These materials will be placed on the ground at the curb, next to theGarbage or Recycling Containersby the Service Recipient. All Electronic -waste and Universal -waste will be collected through theon -call collection services program, as set forth in Section 4.12 and EXHIBIT E. All collected E -waste and U -waste material will be brought back to the Recology yard, located at 650 Martin Avenue, and segregated into separate containers. All collected batteries, CFLs, E -waste and U -waste will be recycled through AERC, Franchisee's permitted processor. All collected used oil and filters will be recycled through Evergreen Environmental, Franchisee's permittedprocessor. Franchisee will notseparatelychargethe Cityfor disposal of any E- waste or U -waste collected from residents. May 18, 2010 39 Cupertino- CofkctionAgreement256 EXHIBIT B: SCHEDULE OF APPROVED MAXIMUM RATES Initial Recology CupertinoMaximum Rates for the Cityof Cupertino on November 1, 2010 Must Reflect Pates Effective August 1, 2010 B.I. RESIDENTIAL SERVICE Service Maximum Description Rate SINGLE FAMILY (Monthly Rate): Curbside 1 32- gallon cart 20.23 Curbside 1 64- gallon cart 40.46 Curbside 1 96- gallon cart 60.69 Curbside Each Additional Cart 20.23 Walk -up 1 32- gallon cart 31.09 Walk -up 1 (54- gallon cart 62.18 Walk -up 1 96- gallon cart 93.27 Walk -up Each Additional Cart 31.09 HILLSIDE (Monthly Rate): Roadside 1 .32- gallon cart 33.46 Roadside 1 54- gallon cart 66.92 Roadside 1 96- gallon cart 100.38 Roadside Each Additional Cart 33.46 DUPLEX /MULTIPLE UNITS & YARDWASTE EXEMPT Monthly Rate) Any customer that uses the organics (food waste) collection service is not eligible for the exempt rate: Front 1 32- gallon cart 17.11 Front 1 54- gallon cart 34.22 Front 1 96- gallon cart 51.33 Front Each Additional Cart 17.11 Back 1 32- gallon cart 26.46 Back 1 54- gallon cart 52.92 Back 1 96- gallon cart 79.38 Back Each Additional Cart 26.46 SENIOR CITIZENS (Monthly Rate): Frontyard /Backyard 1 32- gallon cart 10.12 Exempt (No Yardwaste)1 32- gallon cart 8.57 Hillside 1 32- gallon cart 16.74 ADDITIONAL CHARGES: Extra BagTag 5.89 10 Bag Tags 55.97 Extra Can (1 -Time)10.14 9Kay 18, 2010 40 Cupertino- CoffectionAgreement257 B.I. RESIDENTIAL SERVICE Service Maximum Description Rate 24HR CONTAINER SERVICE: Bin By The Day 4 Yard 130.83 Bin By The Day 6 Yard 160.23 Bin By The Day 7 Yard 174.93 MANURE SERVICE (Monthly Rate): Manure - 1 CY IX Week Service 182.47 Manure - 1 CY 2X Week Service 383.01 Manure - 1 CY 3X Week Service 583.70 Manure - 1 CY 4X Week Service 784.34 Manure - 1 CY 5X Week Service 985.18 Manure - 1 CY Extra Pick -up 74.91 HOUSEHOLD HAZARDOUS WASTE FEE (Monthly Rate): Single - Family Residence (including units in Multi- Family Residences that subscribe for individual MSW cart service) 0.45 Multi - Family Residence (Perunit, for unitsthat do not subscribe for individual MSW cart service)0.35 LATE CHARGE FEE: 1.2% Per Month Delinquent (Not Compounded) May 18, 2010 41 Cupertino - Collection Agreement258 B.2. NON RESIDENTIAL GARBAGE SERVICE AND NON RESIDENTIAL COMPOSTABLE MATERIALS SERVICE Non - Residential Garbage service & Non - Residential Compostable Materials service are two separate services rates for Commercial Compos,'able Materials serviceare nevermorethan the ratesfbr Commercial Garbage service for the same quantity of material Service Frequency Maximum Description Rate FRONT LOADER CONTAINERS (Monthly Rate): 1.5 CY Container IX Week Service 117.99 1.5 CY Container 2): Week Service 236.01 1.5 CY Container 3): Week Service 354.01 1.5 CY Container 4X Week Service 472.02 1.5 CY Container 5): Week Service 590.02 1.5 CY Container 6): Week Service 708.00 1.5 CY Container Extra Pick -up 37.08 2 CY Container IX Week Service 141.62 2 CY Container 2): Week Service 283.19 2 CY Container 3X Week Service 424.82 2 CY Container 4X Week Service 566.39 2 CY Container 5X Week Service 708.00 2 CY Container 6X Week Service 849.60 2 CY Container Extra Pick -up 46.33 3 CY Container IX Week Service 188.80 3 CY Container 2Y. Week Service 377.61 3 CY Container 3): Week Service 566.39 3 CY Container 4Y. Week Service 755.22 3 CY Container 5X Week Service 944.01 3 CY Container 6X Week Service 1,132.81 3 CY Container Extra Pick -up 50.67 4 CY Container IX Week Service 236.01 4 CY Container 2X Week Service 472.02 4 CY Container 3Y. Week Service 708.00 4 CY Container 4X WeekService 944.01 4 CY Container 5). Week Service 1,180.03 4 CY Container 6X Week Service 1,416.01 4 CY Container Extra Pick -up 63.18 6 CY Container IX Week Service 330.40 6 CY Container 2X WeekService 660.81 6 CY Container 3X Week Service 991.21 6 CY Container 4X Week Service 1,321.61 6 CY Container 5X WeekService 1,652.02 6 CY Container 6X WeekService 1,982.43 6 CY Container Extra Pick -up 87.93 May 18, 2010 42 Cupertino- CofrectionAgreement259 B.2. NON RESIDENTIAL GARBAGE SERVICE AND NON RESIDENTIAL COMPOSTABLE MATERIALS SERVICE Non - Residential Garbage service & Non - Residential Compostable Materials service are two separateservices rates for Commercial Compostable Materials service are never more than the ratesfbr Commercial Garbage service for the same quantity of material Service Frequency Maximum Description Rate 8 CY Container 1 X Week Service 424.82 8 CY Container 2X Week Service 849.60 8 CY Container 3X Week Service 1,274.43 8 CY Container 4X Week Service 1,699.21 8 CY Container 5X Week Service 2,124.02 8 CY Container 6X Week Service 2,548.82 8 CY Container Extra Pick -up 113.72 Pushout Container 1X Week Service 41.54 Pushout Container 2X WeekService 83.32 Pushout Container 3X WeekService 124.74 Pushout Container 4X Week Service 166.41 Pushout Container 5X Week Service 208.05 Pushout Container 6X Week Service 249.79 Container Pushout charges shall only apply to containersmovedmore than 25 -feet to get them to the truck. Key Service (service includes unlocking and locking receptacle)46.27 COMMERCIAL GARBAGE CART RATE: Per Cart Pickup 18.75 SPECIAL SERVICES: Steam cleaning and re- delivery of bin shall be provided once each year without charge],79.63 Furnishing Chains (One Time Only) LATE CHARGE FEE: 1.2% Per Month Delinquent (Not Compounded) B.3. COMPACTOR SERVICE Service Maximum Description Rate COMPACTOR RATE (Per Cubic Yard) (Monthly Rate):33.33 COMPACTOR RATE -MIXED RECYCLABLE: Hauling Only 309.98 Per Ton 49.35 May 18, 2010 43 Cupertino- CoffectionAgreement260 B.4. DEBRIS -BOX SERVICE DEBRIS -BOX (UNCOMPACTED) SERVICE (Monthly Rate): 8 Yard Rock Box 6 'Eons 618.52 8 Yard Rock Box 7 'Eons 692.36 8 Yard Rock Box 8 'Eons 766.20 8 Yard Rock Box Each Additional Ton 73.84 16 Yard Debris Box 3 'Eons 397.01 16 Yard Debris Box 4 'Eons 470.86 16 Yard Debris Box 5 'Eons 544.70 16 Yard Debris Box Each Additional Ton 73.84 20 Yard Debris Box 4 'Eons 467.32 20 Yard Debris Box 5 'Eons 541.16 20 Yard Debris Box 6 Tons 615.00 20 Yard Debris Box Each Additional Ton 73.84 26 Yard Debris Box 4 Tons 607.52 26 Yard Debris Box 5 "Eons 681.37 26 Yard Debris Box 6 Tons 755.21 26 Yard Debris Box Each Additional Ton 73.84 30 Yard Debris Box 5 Tons 718.34 30 Yard Debris Box 6 Tons 792.18 30 Yard Debris Box 7 Ions 866.02 30 Yard Debris Box Each Additional Ton 73.84 40 Yard Debris Box 6 "ons 766.30 40 Yard Debris Box 7 ' - ons 840.14 40 Yard Debris Box 8 Tons 913.99 40 Yard Debris Box Each Additional Ton 73.84 WEEKLY RENTAL FEE (Beyond Normal 7 Days):119.99 LATE CHARGE FEE: 1.2% Per Month Delinquent (Not Compounded) EXHIBIT B SHALL BE REVISEDTO REFLECT RATES AS OF AUGUST 1, 2010 AND THAT REVISED EXHIBIT B SHALL REPLACE THE APRIL 2010 VERSIONS SO THAT THE AUGUST 2010 RATES WILL BE IN EFFECT AT THE TIME OF THE NOVEMBER 1, 2010 IMPLEMENTATION OF THIS FRANCHISE. May 18, 2010 44 Cupertino- CotTectionAgreement261 EXHIBIT C: PUBLIC EDUCATION AND OUTREACH PLAN Transition Strategy Franchisee is prepared to deliver a smooth and successful transition to the City's expanded solid waste, recyclable materials and organic waste collection program. Ensuring residents are informed, motivated, and "ready to go" by the start date is a critical part of the process. Accordingly, Franchisee will supplement the City's efforts with an outreach program that they have found to be successful. Franchisee's goal will be to create program visibility, awareness and support, leading up to the critical start-up period. Franchisee's focus will be: Proactive Start -Up Communications: Franchisee will compliment the City's communications efforts. Franchisee will: Comply with all City communications requirements. Create a clear and compelling direct mailpiece that articulateschanges, enhancements, schedules, and simple instructions to make participating in theexpanded recycling programs easy. Maintain a website for customer use, with links to additional resources. Place program advertisements in local newspaper. Produce and distribute servicebrochures for single family and commercial service units. Poster will be provided to commercial servicecustomers also. Support and participate in the City's upcoming, events: Being Visible and Accessible during Start -Up: `There will be many opportunities to be visible and accessible as the City prepares and rolls out itsexpanded program. In order to be as visible as possible, Franchisee will: Support, participate and join all City - sponsored events, as well as community and neighborhood meetings, organized for the purpose of promoting and educating residents relative to the City's program. Franchisee will buy 1,000 reusable grocery bagseach year and distribute them at no charge to residents at City- sponsored events. Support, participate and join all City - sponsored media initiatives (including the preparation of press kits). Hold informational meetings at City hall to answer questions and pass out informational brochures. Ensure Franchisee's website is on -line with accurate and timely information and links to the City's website, well before the start date. Franchisee Facilities as a Resource: Franchisee will make their facilities, including the processing facilities to be utilized during the term of the contract, available during the start-up promotional and public education process: 9Kay 18, 2010 45 Cupertino- CoCfectionAgreement262 With the City's approval and in tandem with its efforts, Franchisee will work to generate and grow media interest by offering facility tours to them and encouraging them to promote the City's program using these facilities as a focal point. Youth Engagement during Transition: Children will be an important focus of our public education efforts: In the months and weeks preceding the start date and during the critical transition period, Franchisee will increase efforts to promote recycling in the community and particularly in local schools. Being a Good Neighbor during Transition: To fulfill this important role during transition, Franchisee will focus on building a partnership and enrolling the rich expertise that resides within the community to ensure the expanded recycling program get off to the right start. Franchisee will: Look for and enroll community partners to help us conduct public education and community outreach services with particular emphasis on communication with itsmany constituencies. Enlist the creativity, support and partnership of community organizations to help promote the City's program. (Theywill have great ideas!) On -Going Public Education & Outreach Franchisee will conduct a yeararound public education program that will focus on: Proactive Communications Being Visible and Accessible to OurCommunity Facilities as a Community Resource Educating OurYouth A Commitment to Being a Good Neighbor Proactive Communications: To complement the City's on -going communications efforts, Franchisee will: Comply with all City communications requirements. Attend meetings with the City. Produce an annual Public Education & Outreach Plan each year and submit it to the City no later than September 1 st each year for the term of the contract Create annually at least one clear and compelling direct mail piece (multi - lingual) for all residents. This piece will be professionally created and will articulate changes, enhancements, schedules, and simple instructions to make participating in the residential collection easy for the May 18, 2010 46 Cupertino - Collection Agreement263 City's residents. Create at least four distinctpublic education outreachcampaignsperyear focusing on increasing diversion. These campaigns will correspondto the seasons of the calendaryear and/or program elements that prove to be challenging for residents to understand (because the hauler sees problems in the field that can be corrected through public education). The themes of these campaigns may be as follows: FALL - Reinforce procedures for participating in the program correctly. Special attention will be paid to educating residents to reduce the mostcommonproblems seen during the year. WINTER - Holiday tree recycling - critical information people need to know in orderto participate in the program correctly. SPRING - Review of the basics and remind people what's okay and what's not: Set outs placed too early (more than 23hrs) - NOT okay Set out locations What's acceptable and what's not (issue: contamination) SUMMER - Reinforce messages emphasized in the spring campaign, and focus on areas where non - compliance has become a problem that public education can correct. Franchisee will: Develop supplementarysimple informational pieces tosupport the above periodically conducted campaigns. Maintain an active website for customer use with links to the City's website. Create a YOUTH campaignto engage and educate children about this program. Place promotional signson our trucks to help promote the City's program. Attend meetings with the City to ensure consistency and coordination in all public education and outreach messages and campaigns. Being Visible and Accessible to the Community: In order to be as visible as possible, Franchisee will: Comply with all City outreach requirements. Support, participate and join all City - sponsored events, as well as community and neighborhood meetings, to continuously promote the program. Participate in community festivals and special events that provide a good opportunity to promote our program, and make effective use of displays, City and Franchisee collateral materials, and promotional giveaways. Support, participate and join all City - sponsored media initiatives (including anyand all preparation of press kits and participation in press conferences). May 18, 2010 47 Cupertino - Collection Agreement264 Two clean —up events will be held for single family residents in the spring and the fall. Franchisee will develop and distribute outreach materials which may include advertisements in the local newspaper ornotices in the customer billing statements. Provide on -going supplies of print materialsto community facilities that people turn to for information - e.g. libraries, QuinlanCommunity Center, the Senior Center and City Hall, etc. Ensure Franchisee's website is well maintained and contains accurate and timely information, with direct linksto the City's website. Franchisee Facilities as a Community Resource: Franchisee's facilities, including processing facilities, will be made available for promotional and public education purposes. Youth Engagement: Children will be an integral part of our on -going public education efforts. Franchisee will: Comply with all City requirements relative to engaging youth. In particular, Franchisee will create and implement on an annual basis, a customized Youth Community Outreach Campaign. Continually promote recycling in the community and particularly in local schools. Make contact with school leaders to determine the best ways to involve teachers, studentsand schools as a whole, to engage this special constituency inways that work for them. Ensure all Franchisee displays are geared to and easily understood by kids. Consistently Being a Good Neighbor: Franchisee is committed to being a good corporate citizen and good neighbor. Franchisee will strive todo this every day in every neighborhood they serve with the goal of expanding the good neighbor efforts that have been successful up to this point. Franchisee will: Expand the use of community partnershipsto gain help in conducting on -going public education and community outreach services with particular emphasison communication with many constituencies. Enlist the creativity, support and partnership of community organizations to help promote the City's on -going program. Continue and expand efforts to support worthy community organizations through an on -going charitable cash and in -kind contributions program. Continue and expand efforts to support community safety and crime prevention programs. This is natural sincethe trucks are ever - present in the neighborhoods and communities. May 18, 2010 48 Cupertino- CoffectionAgreement265 EXHIBIT D: CITY -WIDE RECYCLING EVENTS 1. Materials Included in City -wide Recycling Events: A. Franchisee shall accept at least three (3) 12 "x 12 "x 16" boxes (or equivalent volume) per household of sensitive documents for destruction and shredding on site at the event. Franchisee shall provide, or contract with another firm to provide, a modern, high - volume mobile shredder for this service. B. Franchiseeshall accept from residents of City, and keep separate for recycling, the following materials: a) E- waste, such as computer monitors, TVs, computers, VCRs, and other computer related electronics b) U- waste, such as compact fluorescent bulbs, fluorescent tube bulbs, batteries and mercury thermometers, c) clean (unpainted and untreated) dimensional lumber d) scrap metal items that do not exceed forty (40) pounds in weight and are not more thanthree (3) feet long in any dimension e) white goods that donot contain Freon f) up to one covered pickup truck full of residential Construction and Demolition Debris per household g) up to 30- gallons per household of concrete, asphalt, rock and dirt h) undamaged play structures or toys (to be donatedto a non - profit service organization) i) usable textiles (to be donatedto a non -profit service organization) j) allotherRecyclable Materials C. Franchiseeshall accept from residents of City, andseepseparate for composting, the following materials: a) unpainted and untreated wood b) all other Compostable Materials 2. Materials Excluded from City -wide Recycling Events: Franchiseeshall not be required to accept the following materials during City -wide cleanups: a) tree trimmingswhich are morethan 6" in diameter b) morethan 30- gallons per household of concrete, asphalt, rock, and dirt. c) more than one pickup truck full of residential Construction and Demolition Debris per household d) tires e) Hazardous Materials, including used motor oil f) Any othermaterials not included in 1A, 1B or IC above May 18, 2010 49 Cupertino- CofkctionAgreement266 EXHIBIT E: ON -CALL COLLECTION SERVICES Only Residential Service Recipients with garbage service are eligible to use theOn -Call Collection Services program. Residential Service Recipients can schedule up to twocollection daysper year at no additional charge. Residential Service Recipients must call at least two business days in advance to schedule on -call collection services. Each on -call collection allows the Residential ServiceRecipient to schedule pickup of one of the following: 1) Garbage 2) Construction and Demolition Debris 3) Bulky Goods 4) Compostable Materials and clean wood waste 1. Garbage and Construction and Demolition Debris a) Loose items must be bagged, bundled or boxed. The total pile size mustnot exceed 4 -feet, by 4 -feet, by 8 -feet. b) Construction and Demolition Debris must be containerized, with individual boxes not weighing more than 40 pounds, and with a total weight not to exceed 250 pounds. 2. Bulky Goods including: a) White goods (appliances) which do not contain Freon b) White goods (appliances) which contain Freon (rerrigerators and air conditioners) c) Computer monitors and television sets d) Worn and damaged furniture e) Reusable (undamaged) household goods, toys and textiles to be donated to a non - profit service organization 3. Compostable Materials and Wood Waste a) Compostable Materials and clean (unpainted and untreated) wood must be bundled, boxed or in a trash can. b) Branches must be less than 6- inches in diameter c) Bundled piles must not exceed 6 -feet in length, and not weigh more than 50 pounds each. The total pile size must not exceed 4 -feet, by 4 -feet, by 8 -feet. No stumps, poison oak, or bug- infested material will be accepted. No loose piles or plastic bags will be collected. Restricted /Hazardous Items No car parts with oil or other fluid residues will be accepted. No Hazardous Materials, including used motor oil, will be collected. Unused on -call collection days are not transferable f rom one calendar year to the next. 31ay 18, 2010 50 Cupertino- CoffectionAgreement267 EXHIBIT F: CITY FACILITIES SERVICES Franchisee shall provide collection and processing of F:ecyclable and Compostable Materials and collection and disposal of Garbage, at no charge, to they following city facilities: City Hall & community center Library Quinlan Community Center Senior Center Sports Center All City Parks (to be determined) Public Works Service Center Traffic Operations Center (Franco Ct.) 9day 18, 2010 51 Cupertino- CoffectionAgreement268 EXHIBIT G: REPORTING REQUIREMENTS 1.Monthly Reports Franchiseeshall submit, within twenty (20) calendar days following the end of each month, a Monthly Report on the amount of Recyclable Materials collected, Compostable Materials collected, City -wide recycling events, andGarbage collected and disposed. Franchisee will provide a separate monthly report for Multi- Family Dwelling Units and Non - Residential' Services, describing the levels of service for recyclables and compostables, for which they are subscribing. This information shall meet the reporting requirements of the California Integrated Waste Management Act, as such Act may from time to time be amended. In addition to the information required by the California Integrated Waste Management Act, each Monthly Report shall include the information described in Section 2 of this EXHIBIT G. Franchisee shall provide these reports electronically, in a format approved by City, to reduce waste generation. 1.1 Monthly Summary The Monthly Report shall contain a summary of the information reported pursuant to Section 1 of this EXHIBIT G. Reports shall also contain a description of milestones achieved; changes in staffing levels; a listing of special occurrences; andany other relevant information, including cletails of any City -wide Recycling Days which occurred during that month. 1.2 Monthly Report on Debris Box and C Revenue and Disposal Cost The Monthly Reportshall detail separately the monthly tonnage and revenue collected from bothDebris Boxes and Compactors (this revenue is excluded from Eligible Revenue). In addition the Monthly Report shall set forth separately for Debris Boxes and Compactors, the landfill disposal costs for all loads excluded from the Eligible Revenue and for which Franchisee reimburses the City. 1.3 Sales of Recyclable Materials and Compostable Materials The Monthly Report shall contain a Monthly Recyclable Materials and Compostable Materials sales statement showing: type of material, the name of each buyer, date of sale, terms of sale, quantity sold (in tons), andnet sales (net sales means gross sales minus both sales returns and sales allowances). Tonnages sold at different prices during the month must be reported separately. Adjustments to previous months' sales (such as for contaminants) shall be reported onthe current statement as a reduction in sales and referenced to the statement for the prior month in which the original sale was actually reported. Franchiseeshall provide City, in each Monthly Report, a list of addresses for all households that have receivedor been given a credit for a Biostack Compost Bin during the month covered by such Monthly Report. 1.4 Contaminants The Monthly Reportshall include a statement of the weight (in tons) of contaminants in the Recyclable Materials and Compostable Materialscollected during the month, the weight of the contaminants expressed as a percentage of the Recyclable Materials and Compostable Materials collected, and a description of the disposal methods for the contaminants. 1.5 Problems Encountered 9Kay 18, 2010 52 Cupertino - Collection Agreement269 The Monthly Reportshall include a narrative account of problems encountered during the reporting period in connection with Recyclable Materials and Compostable Materials collection (including scaven;;ing), processing and /or marketing, and the actions taken by Franchiseein response. The narrative shall include a description of problems relating to non - collection because of contamination in the Recyclable Materials Containers and Compostable Material, Containersor because of blocked access. The narrative shall also include a description of Recyclable Materials and Compostable Materials rejected for sale after processing (by type of material and tonnages) reason(s) for rejection, and Franchisee's disposal method for the rejected load. 1.6 Public Education Activities The Monthly Report shall include a description of the public education and community relations activities performed by Franchisee during the month and Franchisee's evaluation of the success of such activitiesinpromoting the Programs or in addressing problems encountered by Franchisee. 1.7 Service Log The Monthly Reportshall contain a copy of Franchisee's telephone and complaint log, and include the name and address of each caller, the reason for the call, details on each complaint and a description of how each complaint was resolved. The Monthly Reportshall contain a list of all pickups missed during the reporting period, with a description of the response to each call. 1.8 New Service Recipients The Monthly Reportshall cornain a listing of allnew Service Recipients, includingtheir name, address and leve', of service. 2.Compost Quality Reports On April 1 and October 1 of each year of this Agreement, Franchisee shall provide City with copies of Laboratory reports on the quality of the Compost Materials produced from the Compostable Materials collected in City sometime in the prior three months, and on the compost materials providedto City as required in Section 8.1 of this Agreement. 3.Annual Reports 3.1 Annual ReportSubmitted By Franchis Within 30 days following the end of each Contract Year, Franchisee shall provide City with an Annual Report containing: a summary report of the Monthly Reports for the year, includinginformation onthe total annual quantities of Garbage collected and disposed, Recyclable Materials collected, and Compostable Materials collected. The Annual Report shall also contain a discussion of public awareness activities and their impact on recycling participation and recovered amounts, and a discussion of highlights and other noteworthy program experiences, along with measures taken to resolve problems, increase efficiency, andincrease participation. The Annual Reportshall also contain a detailed discussion of the progress made during the year toward meeting the City's 75% diversion goal. 3.2 Vehicle Fleet Information May 18, 2010 53 Cupertino-Coffection Agreement270 Each year of the term of this Agreement, Franchisee shall submit to City, as an attachmentto the Annual Report, all information requiredby Section 6.1.6 of this Agreement. 3.3 AuditedFinancials. After the end of each fiscal year of Franchisee, Franchisee shall submit to City a copy of its audited financial statements for such year. Such audited financials shall include all of Franchisee's revenues under this Agreement during such fiscal year. 4.End of Agreement Reports Reports covering the last period of this Agreement will be due following theend of collection services, on the schedule stated in this EXHIBIT G. 31ay 18, 2010 54 Cupertino- CoffectionAgreement271 EXHIBIT H: DIVERSION GOALS Franchisee has projectedachieving a 75% diversion rate based on the following calculations. These projections are listed as an example of the possibilities, not as a fixed requirement. R"yelobln. ale M3W Divemlon Dh"" I" 01vorellon Disposal Tons Tons Rate Tons Current SFD Diversion 6,2513 7,516 62%9,000 Expanded SFD Diversion 6,256 11,592*78%4,916 Current MFD /Commercial Diversion 2,234 1,500 20%15,000 Expanded MFD /Commercial Diversion 3,024 10,200 70%5,600 Total Current Diversion 8,491)9,016 60%24,000 Total Expanded Diversion by 2015 9,280 21,792 75%10,516 Franchiseemay add 0.25 tons (500 pounds) per year :o the quantity of organics shown as diverted for each householdthat is provided a Biostack Compost bin atone of Franchisee's home composting classes, as specified in Section 4.4.5 of this Agreement. Expanded Diversion (program Features Single - FamilyResidential Services: Provide each residential customer with a dishwasher- safe, pitcher having a seal -tight lid. Thesecontainers canbe used for the in -home storage of compostableorganic materials. Theseal -tight lid will prevent odors and the dishwashercompatiblepitcher will be convenient for residents to clean and maintain. Single- streamcollection of commodities listedbelow at "RecyclableCommodities" Curbside collection of CFL bulbs in clear zip lock bags Curbside collection of dry cell batteries and cell phones in clear ziplock bags Curbside collection of used motor oil in 1- Callon containers and used oil filters in clear zip lock bags Curbsidecollection of E -waste and U -Waste through on -call collection programs On -call collection of material and diversion of all recyclable and reusablematerials Curbside collection of cooking oil, in 1- gallon containers marked as "Cooking Oil' Curbside collection of "Coats for Kids" every fall May 18, 2010 55 Cupertino- CofCectionAgreement272 Provide up to 400 Bio -Stack composting bins in Year 1 of the contract extension Provide a twice - per -year "Environmental Day" for thecollection of recyclable commodities listed below at "Recyclable Commodities" Distribute public outreachmaterialhighlighting the new and expanded recyclables and organics collectionprograms Multi - Family Residential Services: Conversion to single- streamcollection of commodities listed below at "Recyclable Commodities" Contactmanagement of every MFD complex in the first year of the contract extension to initiate orexpandrecycling services Provide toeachMFDunit whose complexparticipates in the organics collection service, a dishwasher- safe, pitcher having a seal -tight lid, for the in -home storage of compostableorganic materials Provide eachMFD unit with a "Recycling Tote Bag" for the in -home storage of single - stream recyclables Collection of E -waste and U -Waste through on -call collection programs Provide drop -off containers atMFD managementoffices for dry cell batteries andcell phonerecycling Arrange HOA presentations on the new and expanded recyclables and organics collection programs Distributepublic outreach material highlighting the new and expanded recyclables and organics collection programs Commercial Services: Conversion to single- streamcollection of commodities listed below at "Recyclable Commodities" Contact every commercial customer in the. first year of thecontract extension to initiate or expand recyclables and organics collection services Provide each commercial customerthat participates in the organics collection program with an optional "Slim Jim' container for the indooraccumulation of organicsmaterials May 18, 2010 56 Cupertino- CoffectionAgreement273 Arrange presentations of expanded recycling programs at civic groups, schools, community functions, city events, City and Recology websites, and the City access channel Distribute public outreach materialhighlighting the new and expanded recyclables and organics collection programs 3fay 18, 2010 57 Cupertino- CoffectionAgreement274 Single StreamRecyclable Commodities In the following table are first listed the recyclable commoditiesthat are currentlycollected in Cupertino, followed by the list of additional recyclable commoditiesthat will be collected within the expanded Cupertino diversion program beginning November 1, 2010. Current Recyckfti Commodities Aseptic containers — sterile cardboarl containers, which are used to preserve food Glass — All glass food, beverage jars and bottles Metal —All metal food and beverage containersincludingthose made of aluminum, tin, steeland bi- metal. CorrugatedCardboard Plastic — Containers marked #1 - #7 Paper — Most clean and dry household paper, including: Cardboard Food boxes (cereal, crackers, remove liners) Junk mail & envelopes Magazines & catalogs Newspaper Paper (colored, computer, white, wrapping) Paperbags Paper egg cartons Paper towel rolls Phone books Used motor oil and oil filters (SFD only) Drycell batteries Expan RtlrcyC le 00MM zM" Aerosol cans (empty) Carparts (fluid removed) Aluminum foil, trays and pans Frozenfood packaging (paper base) All plastics with or without a number Flower pots (except black) Film plastic (bagged) Empty pizza boxes Cell phones Compactfluorescent light bulbs (SFD only) May 18, 2010 58 Cupertino- CoffectionAgreement275 Organic and CompostableCommodities In the followingtable are the organic and compostablecommoditiesthat will be collected within theexpandedCupertino diversion program beginning November 1, 2010. OWni Ccnu>r odW" Yard Waste - includesgrass trimming: ;, leaves, small branches -3' or less, weeds and plants All food products and bones, such as chicken, turkey, fish, beef and pork Coffee grounds, tea bags and filters Dairy & Soy Products Pasta, breadand dough products All fruit and vegetables Food Soiled pizzaand paperproducts Yard Waste - includes grass trimmings, leaves, small branches -3' or less, weeds and plants Allfood products and bones, such as chicken, turkey, fish, beef and pork Coffee grounds, tea bags and filters Dairy & SoyProducts Pasta, bread and dough products All fruit and vegetables Food Soiled pizza and paper product3 Allsoiled paper products such as napkins, towels, plates, tissue, cups and paper take -out containers Waxedcardboard Nett- tmptuttbi+ Gts Plastics Cornstarch Material Bio- Degradable Plastics Styrofoam Glass Ceramics Metal Liquids Garbage Pet Waste Treatedwood or painted wood Household Hazardous Waste or chemicals May 18, 2010 59 Cupertino- Co(fectionAgreement276 EXHIBIT I HOUSEHOLD HAZARDOUS WASTES COLLECTION The Door -to -Door program is designed to collect more waste from those who need it the most. It is simply a more convenient way for mostpeople regardless of their physical limitations todispose of their unwanted chemicals and other hazardous waste. The program is simple to use. Residents call the Curbside call center open from 8:00 AM Eastern until 5:00 PM Pacific time. They explain what types and quantities of waste they have. Our operators communicate the program parametersto the caller including the fact that a "kit" will be sent to them. The kit includes an instruction sheet, 4 mil plastic bag for waste, labels for common items that are not labeled and a one -way tie for the bag. The participant places the bagnear the door or garage by 7:00 AM on the designated dayand it is collected during the day by our customer service representative. In addition to the fact that this service benefits the participant, thedata collected can be used by the sponsoring agency to improve the program. Every item collected is recorded on a proprietary collection document and this data is entered into a database of ourown design for use in preparing reports. Programs are extremely flexible. In addition to typicalchemicals, programs can be designed to collect sharps, pharmaceuticals, electronics and/or universal waste. Your program will essentially become a recycling effort since about 90% of what is collected is recycled. With green initiatives being implemented nationwide, this program fits right in. The Door -to -Door program can be youronly HHW effi)rt accommodating everyone or it can be a supplement to a permanent facility reaching out to those who cannot drive. Curbside has designed programs for communities inmany states and virtually every one is customdesigned tomeet the needs and budget of that community. A copy of Curbside Inc's proposalto the City of Cupertino dated April 21, 2009 and Recology's Agreement with Curbside Inc. are attached as Exhibit K. Way 18, 2010 60 Cupertino- CoffectionAgreement277 EXHIBIT J FORMULA FOR DETERMINING ANNUAL RATE ADJUSTMENT BASED ON CPI CHANGE Annualchange for index CPI - U, series id. cuur422sa0 Example: Average July August September October NovemberDecember January February March May June Change 2007 -2008 1 1 216.2401 1 217.949 218.485 1 219.612 222.074 225.181 219.924 2008 -2009 225.411 225.824 218.528 222.166 223.854 225.692 _ 223.579 1.662% 223.579- 219.924 = 3.655/219.924 = .01662 Would result in a 1.662% annual rate increase based on the CPI calculation May 18, 2010 61 Cupertino- CoffectionAgreement278 EXHIBIT K PROPOSAL Door -to -Door Household Hazardous Waste ManagementProgram City of Cupertino April 21, 2009 9day 18, 2010 62 Cupertino- CoffectionAgreement279 dd 500 S, Jefferson St Placentia, CA 928A 888 - 449 -3733 panderson @curbsidenc com wvrw curbsideinc.com Friday. April 16, 2010 John Zirelli Recology Cupertino 650 Martian Avenue Santa Clara, CA 95050 Rey Household HazardousWasteAgreement Dear John, Please find attached two (2) signed copiesof the Agreement between Recology Cupertino and Curbside Inc to provide Door -to -Door HouseholdHazardous Waste Services to the City of Cupertino. Pleaseforward one fully executed copy back tomy office to the attention of Socorro Fierro. f Sincrey, L Patrick F. Anderson Vice President- Sales 280 SERVICES AGREEMENT FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION This Services Agreement for Household Hazardous Waste Collection (this " AAgreement ") ismade and entered into as of April 2010, by and between the Recology Cupertino, a California corporation (" Recoloy and Curbside Inc., a California corporation ( " Curbside "). WHEREAS, Recology and the City of Cupertino, California ("City ") have negotiated and intend to enter into a Franchise Agreement forCollection and Processing of Recyclable and Compostable Materials, and the Collection and Disposal of Garbage (such agreement, as entered into and amended from time to time, the " Franchise Agreement "). WHEREAS, the Franchise Agreement requires Recology toenter into an agreement with a third party to establish, manage and operate a door -to -door household hazardous waste program in Cite, and Recology wishes to utilizes the services of Curbside for such purpose; and WfIERFAS, Curbside is qualified, ready, willing and ableto furnish such services. NOW, THEREFORE. THE PARTIESAGREE AS FOLLOWS: 1.PROVISION OF SER a) Curbside agreesto provide a door -to -door household hazardous waste, universal w aste. e -waste and sharps collection, recycling and disposal programin City in accordance with the terms and conditions of this Agreement and Curbside's proposal dated April 21, 2009, attached hereto as Exhibit A and incorporated terein by this reference (such program, the Pro "ram ). b) Each household within the city limits of City as of the date hereof, and any areas that rnav be annexed to City during the term of this Agreement, whether such households are single- or multi - family residences (the residents of such households, " Residents "), shall be entitled to an unlimited number of collections t;.nder the Program. c) Curbside shall be solely responsible for disposal and processing (and thecost thereof) of all waste collected by it under this Agreement, and shallhandle all such wastein a nnanner that maximizesdiversion of the same. d) Curbsideshall be solely responsible forall customerservice and handling of all customer questions and complaints regarding the Program. Curbside shall maintain a customer servicedepartment to provide such services. e) Curbside shall at all times perform its obligations under this Agreement (the Services ") in a competent and professional mannerusing best industry practice for comparable operations in the State of California. f) Curbside shall furnish all labor, equipment, supplies and other goodsand services necessary to perform the Services, and shall pay all costs and expenses (including without limitation taxes, insurance, and governmental fees) relating to the performance of the Services. VGA (96250369,16080=V'1 281 2.TERM AND SCHEDUL a) Term The tenn of this Agreement (the " Term ") shall begin on the date hereof and shall continue throughout the term of the Franchise Agreement (including anyextension thereof ). unless earlier terminated pursuant to Section 2(b). Curbside shall provideall services to Residents in connection with the Program commencing oil November 1, 2010 and continuing throughout the remainder of the Term. b) Ear ermination Notwithstand:.ng Section 2(a), this Agreement may be terminated as follows: 1) By either party, immediately upon notice to the other party, in the event of a breach of this Agreement not cured within twenty (20) days after notice of such breach by the non- breaching party: 2) By Recology, immediately upon notice to Curbside, if for any reason (i) Cit,, dctennines that the Program shouldnot be offered in City, (ii) City fails to approve the Household Hazardous Waste Fee (as defined below) or any increase thereto, or (iii) Recology is legally precluded from chargingor collecting the Household Hazardous Waste Fee. 3) By Recology, immediately upon notice to Curbside, if Curbside is acquired by or becomes controlled by any person orentity that competes with Recology or its affiliates in northern California. 4) By either party, immediately upon notice to the other party, if the other party ceases doingbusiness, is the subject of a voluntary bankruptcy, insolvency, receivership, reorganization, liquidation, aiTangement or other similar proceeding ( " Proceeding "), is the subject of an involuntary Proceeding that is not dismissed within sixty (60) calendar days of filing, makes an assignment for the benefit of creditors, becomes unable topay its debts when due, or enters into an agreement with its creditors providing for relief of debt. c) Condition Precedent Notwithstanding any other provision of this Agreement, it is a condition precedent to the effectiveness of this Agreement that City and Recology enter into the definitive Franchise Agreement on or before ,tune 30, 2010, and that by such date City consentsto the terms of this Agreement (whether by inclusion of this Agreement as an exhibit to the definitive Franchise Agreement or otherwise). If such condition precedent is not satisfied, this Agreement shall be null and void gild of no f,)rce or effect. COMPENSATION a) Household Hazardous Waste Fee Subject to approval by City, Recology shall include in its quarterly bills to itsresidential customers under the Franchise Agreement a fee (the Household Hazardous Waste Fee ") to compensae Curbside for the Services. Curbside shall not be entitled to directlybill any Resident, or chargeany fee to any Resident for any reason whatsoever, unless suchfee is approved in advance by Recology. b) Adjustment of Fee The Household Hazardous Waste Fee shall be $0.45 per household per month for single - family residences, and $0.35 per household per month for multi- A'0314625036(1 16080221'2 282 family residences (unless the household subscribes for individual MSW cart service, in which ease such household shall be billed at the single - family rate), for the first year of theProgram 1, 2010 through October 31, 2011). Subject to approval by City, the Household Hazardous Waste Fee shall thereafter be subject tothe same CPI adjustments that Recology's rates are subject to under Section 122 of the Franchise Agreement, to be applied at the same time that such CPI adjustments are applied to Recology's rates. c) Payment of Curbside Curbside shall invoice Recology monthly for theaggregate amount payable by Residents for the preceding calendar month in respect of the Household Hazardous Waste Fee (the " Invoiced Amount "). Recology shall pay such invoices in full tsubject to Section 3(d)) with] it thirty (30) days of receipt. Such payments to Curbside shall constitute Curbside's sole compensation for the Sen ices, including without limitation all labor, materials. taxes, insurance. subcontractor costs, overhead and profit, and allother costs and expenses. d) Collection Recology shall not be obligated to undertakeany collection action or other remedial measure if a Resident fails to pay the Household Hazardous Waste Fee. If a Resident fails to pay the Household Hazardous Waste Fee for any reason, Recology shall be antitled to deduct the unpaid amount from the amount payableto Curbside under Section 3(c), provided that the aggregate amount of such deductons with respect to any month shall not exceed 50 of the Invoiced Amount for such month. Recology shall not be liable to Curbside for any amounts so deducted (except that ifanv such amount is subsequently paid to Recology, Recology shallreimburse Curbside accordingly). As security for Curbside's performance, Recology may withhold payment in the event of Curbside's breach of this Agreement. Recology will provide notice and an opportunity to cure such breach as described in Section 2(b). 4.REPORTS On or before the 20thday of each calendar month. Curbside shall submit a monthly report, in a form acceptable to Recology, detailing theservices perfonned under this Agreement during; the previous calendar month, including: a) A list of all completed stops (showing for each the address of the stop, the date of the stop, and the type and amount of materials collected at such stop); b) A list of all stops requested by Residents but not completed for any reason other thanthatthe scheduled pickup time has not yet occurred, with a description of the reason for non- completion; and c) A cumulative collection report indicating the total weight and volume of waste of each materials type collected during the month, and the totalweight and volume of waste of each materialstype delivered to each of the facilities Curbside utilizes for waste recycling and disposal, including the ultimate disposal destination. 5.COMMUNICATIONS Except with Recology's prior written consent, Curbside shall not communicate directly vith City or any employee, agent or representative thereof in connection with the Services. All W03 (96250369 1608-022 -0 3283 communications by Curbside to City shall be made through Recology. Except as authorized by Recology, Curbside shallnotconduct any advertising, marketing, solicitation, promotional or outreach activities in City or to Residents. Curbside shall provide Recology (as well as City) with all the services described inAttachment 3 of theProposal at no additional costto Recology or City, but shall not otherwise be responsible for the cost of any public education or outreach activities in City. 6.ASSIGNMEN Curbside shall not assign this Agreement or any of its rightsor obligations hereunder xithout the prior written consent of Recology. Arty purported assignment in violation of the preceding sentence shall be null and void. USE OF SUBCONTRACTORS Curbside shall notsubcontractany of the Services without the priorwritten approval of Recology, except for copying, printing and graphic; design services. Curbside shall be solely responsible for reimbursing any subcontractors and Recology shall have no obligation to them. 8.INDEMNIFICATION Curbside shall, indemnify, defend and holeharmless Recology and its directors, officers, employees and agents (collectively the " Indemnitees ") from and against (1) any and all liability, penalty, forfeiture, claim, demand, action, proceeding or suit, of any and every kind and description (including; attorney's fees), whether judicial, quasi judicial or administrative in nature, (2) any and all loss including butnot limited to injury toand death of any person and damage to property, and (3) claims for contribution or indemnity claimed by third parties collectively, the " Claims "), arising out of or occasioned inany way by, directly or indirectly. Curbside'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 active negligenceor intentional misconduct of any Indemnitee, butshallapply if the Claim is caused by the joint negligence of Curbside or other persons, including any of the Indemnitees. Upon the occurrence of any Claim, Curbside, at Curbside's sole cost and expense, shall defend (with attorneys reasonably acceptable to Recology) the Indemnitees. Curbside's duty to indemnify and defendshall survive the expiration or earlier termination of this Agreement. 9.HAZARDOUS WASTE INDEMMFICATION. Curbside shall indemniN defend, protect and hold harmless the Indemnitees against all claims, of any kind whatsoever paid, incurred orsuffered by, or asserted against Indemnitees arising from or attributable to any repair. cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning; any Hazardous Wastes at any place where Curbside transports, processes, stores or disposes of Hazardous Wastes resulting from activities undertakenpursuant to this Agreement. The foregoing indemnity is intended tooperate as an agreement pursuant to Section 107(e) and any otherapplicable sections of the Comprehensive Environmental Response, Compensation and Liability Act, ( " CERCLA "), 42 U.S.C. Section 0607(e), and California Health and Safety Code Se -,tion 25364, to defend, protect, hold harmless V01 046250369.1608022rv?4 284 and indemnify Indemnitees from liability. Curbside's duty to indemnify and defend shall survive the expirationor earlier termination of this Agreement. 10. INSURANCE_ a) Types and Amounts of Coverage Curbside shall procure from an insurance company or companies licensedto dobusiness in the State of California and shall maintain in force at all times during the Tenn the following types and amounts of insurance: 1) Workers' Compensation and Employer's L Curbside shall maintain workers' compensation insurance covering its employees in statutory amounts and otherwise in compliance with the laws of the State of California. Curbside shall maintain employer's liability insurance in an amount not less thanOne Million Dollars 1,000,000) per accident or disease. Curbside shall not be obligated to carry workers compensation insurance if it (i) 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; (iii) maintains the employer's liability insurancerequired by this subsection, and (iv) furnishes updated certificates of Permission to Self Insure periodically to evidence continuous self insurance, at least ten (10) days before the expiration of the previous certificate. 2) Commercial General Liabir Curbside shall maintain comprehensive general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars 2.000,000) annual aggregate coveringall 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, Curbside's performance of or its failure to perform, work or services under this Agreement. Theinsurance required by this subsection shall include: Products and Completed Operations; Personal Injury Liability with employmentexclusion deleted; BroadForm BlanketContractual (including coverage for the indemnity obligations contained herein); The comprehensive general liability insurrutceshall 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, Curbside must arrange for "tail coverage" on claims made to protect Recologyfromclaims filed within four years after the expiration or tennination of this Wos 04625036911 5 285 Agreement relating to incidents thatoccurred prior to such expiration or termination. Any excess or umbrella policies shall be on a "following form'" basis. 3) Autorn Liabilit Curbside shall maintain automobile liability insurance covering all vehicles, including Owned. Non -Owned, and Hired Motor Vehicles used in performing service under this Agreement with a combined single limit of not less thanOne Million Dollars ($1,000,000) per accident, bodily inj muryandpropertydaage combined, covering allclaims and all legal liability for personal injury. bodily injury, death, and property damage, including the loss of use thereof, arising out of, or occasionedin any way by, directly or indirectly, C'urbside's performance of or Its failure to perform, work or services under this Agreement. The insurance required by this subsection shall include the MCS -90 endorsement, required for hazardous waste transporters; SO endorsement CA -9948 for Pollution Liability- Broadened Coverage for Covered Autos; and an endorsement in form reasonably acceptable to Recology for environmental impairment caused v the transport of hazardous materials. 4) Pollution and Hazardous Materials Liability Curbside shall maintain pollution and hazardous materials liability insurance with limits in an amount of not less than One Million Dollars (51,000,000) per occurrence and annual aggregate coveringclaims for personal injury, bodily injury, pollution and clean -up costs, and property damage as a result of pollution conditions arising out of Curbside's operationsunder this Agreement or thesudden and accidental release of any hazardous materials or wastes during torage at facilities owned or operated by Curbside. Curbside will provide Recology evidence On the form of certificates of insurance) of Site Pollution and Hazardous Materials Liability coverage for all the sites to which Curbside delivers materials collected within City. The certificates shall show that Recology is named as an additional insured onthe policies. 5) Physical Damage Curbside shall maintain comprehensive (fire, theft and collision) physical damage insurance covering the vehicles and equipment used in providing servicesunder this Agreement, kt ith a deductible or self- insured retention not greater than One HundredThousand Dollars S 100,000). Notwithstanding the foregoing, Curbside shall be allowed to self-insure for physical damage to itsvehicles provided Curbside provides adequate audited financial information to Recology and Recology is reasonably satisfiedthat Curbside has the financial net worth to cover anv losses. b) Acce tability of Insurers The insurance policies required by this secticr1 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 Insura> nce Reports of size category IX orlarger and a ratingclassification of A+ or better. N0 046250359 ;1608022rv 6286 c) Required Endorsements Without limiting the generality of Sections 10(a) and 10(b), the policies shall contain endorsements in substantially the following form: 1) Workers' Compensation and Employers' LiabilityPolicy Insurer waives all right of subrogation against Recology and its directors. officers and employees for injuries or illnesses arising from work performed for Recology." 2) Commercial General Liabi Policy, Automobile Liability Policy, Pollution Liabilit • Policy Thirty (30) days' prior written notice shall be given to Recology in the event of cancellation, reduction of coverage, or non- renewal of this policy. Such notice shall be sent to: Recology Cupertino 650 Martin Avenue Santa Clara. CA 95050 Attention: General Manager" Recology and its directors, officers, employees and agentsare additional insureds on this policy." This policy shall be considered primary insurance as respects any other valid and collectible insurance maintained by Recology, including any self - insured retention orprogram of self- insurance, and any other such insuranceshall be considered excess insurance only." Inclusion of Recology as insured shall not affect their rights as respects any claim, demand, suit or judgment brought or recovered against Curbside. This policy shall protect Curbside and Recology in the same manner as though a separate policy had been issued to each, but this shall not operate! toincrease 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_" 3) Physical Dama eg_ Policy Waiver of subrogation E:gainst Recology. d) Delivery of Proof of Coverage No later than ten (10) days after the commencement of the Term and before beginning collection within City, Curbside shall furnish Recology one or more certificates of insuranceon a W03 046250369 1608022iv7 r r 287 standard ACORD form substantiating that each of the coverage's requiredhereunder are in force, in form and substance satisfactory to Recology. Such certificates shallshowthe type and amount of coverage, effective dates and dates of expiration of policies and shall be accompanied by allrequired endorsements. If Recologyrequests, copies of each policy, together with all endorsements, shall also be promptly delivered to Recology. Curbside shall furnish renewal certificates to Recology to demonstratemaintenance of the required coverage's throughout the I en e) Other Insurance Requirements 1) In theevent performance, of any services is delegated to a subcontractor, Curbside 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 services. The liability insurance required by Section10(a) shall cover all subcontractors or the subcontractor must furnish evidence of insurance provided by it meeting all of the requirements of this Section 10. 2) Curbside shall comply with all requirements of theinsurers issuing policies. The carrying of insuranceshall not relieve Curbside from any obligation under this Agreement, including those imposed bySections 8 and 9. If any claim is made by any third person against Curbside or any subcontractor on account of any occurrence related to this Agreement, Curbside shall promptly report the facts in writing to the insurance carrier and to Recology. 1 1 _ INDEPENDENT CONTRACT Nothing contained herein shall be consr°ued to place the parties in the relationship of partners or joint venturers, or principal and agent, or employer and employee, and neither party shall havethe power to obligate or bind the other party in any manner whatsoever. The relationship between thepartieshereunder isor._e of independent contractors. Each party shall have exclusive control over the details of the work to be performed by it hereunder and all persons performing such work, and shall be solely responsible for the actions and omissions of its officers, employees, independent contractors, and agents, if any. Curbside's employees and agents shall not have employee status with Recology or City, or be entitled to participate in any plans, arrangements, or distributions byRecologyor City pertaining to orinconnection with any retirement, health, orother benefits that Recologyor City may offer their respective employees. 12. LICENSES, COMPLIANCE W'TH LAWS AND REGULATIONS Curbside, and any subcontractors performing any Services, shall hold such licenses, bonds and certifications as may be required by the State of California or any local jurisdiction for the performance of the Services. Prior to commencement of services, Curbside shall provide copies of valid hazardouswaste transporters license, including MCS 90 hazardous waste transporter insurance coverage. Curbside further shall provide any and all employee certification and training documents as required by Applicable Law. Furthermore, prior to commencement of services. Curbsideshall provide copies of licenses for all facilities that will accept all the waste collected from this program. Curbside will provide a monthly update to Recology of the list of Vv03 0402 50369? 160022! v7 8 288 facilities it utilizes, including the ultimate disposal destination, along with the reports required in Section 4. In the perfonnance of the Services, Curbside shall fully comply with all applicable federal, state, and local laws, statutes, rules, regulations, codes, ordinances, judgments, writs, decrees, orders, decisions, interpretations, permits, licenses, certificates, approvals, requirements, guidelines and determinations, includingwithout limitation those of City, and including without limitation those pertaining tothe collection, transportation and disposal of hazardouswaste collectively, " Applicable Law "). kil required noticesshall be given by Curbside to the appropriate local, state and federal agencies. Curbside shall make all reports as regwred by regulatory agencies, and shall furnish reportsto Recology to enable Recology to evaluate the effectiveness of the services provided. Further, Curbside shall notify Recology of any actual orpotential violations of any term, condition, law, ordinance. code orregulationimmediately upon becoming aware of such violation or potential violation. 13. NOTICES All notices required or permitted hereunder shall be in writing and shall be deemed effectively given (i) upon personal delivery to the party to be notified, (ii) when sent by facsimile with writtenconfirmation of receipt if sent during the normal business hours of the recipient, or if not, thenon the next business day, (iii) five business days after having been sent by registered or certified mail, return receiptrequested, postage prepaid, or (iv) one business day afterdeposit with a nationally recognized overnight courier, specifying next day delivery, with written verification of receipt. All such noticesshall be s.-nt to the party to be notified at the address or facsimile number set forth belowor at such other address as such party may designate by 10 days advance written notice. If to Recology: General Manager Recology Cupertino 650 Martin Avenue Santa Clara, CA 95050 Fax Number: 408 -969 -0340 If to Curbside: Curbside, inc. 500 South Jefferson Street Placentia, CA 92870 Attn: Patrick F. Anderson 14, DUTY NOT TO DISCRIMINATE In the performance of this Agreement, Curbsideshall not discriminate, norpermit any subcontractor to discriminate, against any employee, applicant for employment, or customer on account of race, color, national origin, ancestry, religion, sex, age, physical disability, medical W03 04525030! 408022 0 9 289 condition, sexual orientation, marital status, or other characteristic, in violation of any applicable federal or state law. 1 RIGHT TO INSPECT CONTRACTOR'S PERFORMANCE Recology shall have the right, but not the obligation, to observe and inspect Curbside's performance under this Agreement. In connection therewith, Recology shall have the right to follow Curbside during door -to -door collection stops, enter facilities used byCurbside during operating hours, speak to any of Curbside's employees and receive cooperation from such employees in responseto inquiries. In addition, upon reasonable notice and without interference with Curbside's operations. Recologymay review and copy any of Curbside's operational and business records related to this Agreement. 10. OWNERSHIP OF WORK All reports, analyses, charts, tables, schedules and allothermaterials prepared, or in the process of being prepared, for the servicesto be performed by Curbside shall beandare the property of Recology. Recology shall be entitled to access to and copies of these materials during theprogress of the work. Any such materials remaining in the hands of Curbside orin the hands of any subcontractor upon completion or termination of the work shall be immediately delivered to Recology. If any materials are lost, damaged or destroyed before final delivery to Recology. Curbside shallreplacethem at its own expenseand Curbside assumes all risks of loss, damage or destruction of or to such materials. Curbsidemay retain a copy of all material produced underthis Agreement for its use in its generalbusiness activities. Curbside will not be liable for Recology orthirdparty misuse of any documents, reports, records, plans, or materials prepared, procured, or produced in the rendition of services under this Agreement. l?. MAINTENANCE AUDIT AND I OF RECORDS Curbside will permit the authorized representatives of Recology to inspect, audit, make copies and transcriptions of books and all data and records of Curbside relating toits performance underthis Agreement, includinginformation required to verify the number of completed household hazardouswaste collection stops. 18. GOVERNING LAW This Agreement and the rights and obligations of the partieshereunder shall be governed by and construed under the laws of the State of C411fornia, without regard to itschoice of lawor conflicts of law provisions. For purposes of any legal action or proceeding arising out of this Agreement, each party hereby submits and consents to the exclusive jurisdiction and venue of the federal andstate courts of competent jurisdiction sitting in Santa Clara County, California, and waives all defenses of lack of personal jurisdiction and inconvenient forum. 19. AUTHORITY Each party hereby represents and warrants to the other that it has full power and authority to enter intothis Agreement, that thisAgreement hasbeen duly authorized, executed and delivered by, and constitutes a valid, binding and legally enforceable agreement of, such party, w03 046250369 i 608022; tiI 10 290 and that by entering into and performing its obligations under this Agreement, such party will not be inbreach of its obligations to any third party. 20. INVESTIGATION Curbside has made an independent investigation, satisfactory to it, of the conditions and circumstances surroundingthis Agreement and the work to be performed by Curbside under this Agreement_ Curbside has taken such matters into consideration in agreeing to provide the serk ices required by, for the compensation to be provided under, this Agreement. 1. BINDING ON SUCCESSORS Al I of the terms, provisions and conditions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 22. WAIVER The waiver by either party of any breach or violation of any provisions of thisAgreement shallnot be deemed tobe a waiver of anybreach or violation of any other provision nor of any subsequent breach or violation of the same or any other provision. ENTIRE AGREEMENT This Agreement, including the Exhibit(s), represents the full and entire agreement betweenthe parties with respect to thematters covered herein and supersedes all prior negotiations, representations and agreements, either written or oral. 24. ANIENDMENT This Agreement may not be modified or anended in any respect except by a writing signed by the parties. 25. SEVERABILITY Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remainin full force and effect, and to this end the provisions of this Agreement are declared to be severable. 26. COSTS AND ATTORNEY'S FEE In any legal proceeding arising out of or related to this Agreement, the prevailing party shall be entitled toreasonable attorneys' feesand out -of- pocket costs, in addition to any other relief to which such party may be entitled. 27. REFERENCES TO LAWS All references in this Agreement to laws and regulations shall be understood to include such laws and regulations as they may be subsequently amended or recodified, unless otherwise W03 0462 50369? 1 608022 v'11 291 specifically provided. In addition, references tospecific governmental agencies shall be understood to include ageocies that succeed to or assumethe functions they are currently performing. 28. CUPA PERMIT, Notwithstanding any other provision of this Agreement, it is a condition precedent to the effectiveness of this Agreement that Cityobtain, before December 31, 2010, a Permitby Rule from the Certified Unified Program Agency (CUPA) for Santa Clara County with respect to the hazardous waste storage, facilities to be used by Curbside in the performance of this Agreement. If such condition precedent is not satisfied, this Agreement shall be null and void and of no force or effect. In addition, notwithstanding any other provision of this Agreement, Curbsideshall not begin providing the Program (and the startdate thereof shall be delayed beyond Noyember 1, 2010) until such Permit by Rule has been obtained and takes effect. Curbsideshall not be entitled to any additional compensation with respect to any such delay, 0 Remainder of this page intentionally left blank] W03 0467-50369/160802210 12 292 IN WITNESS WHEREOF, the parties hereto have executed this Services Agreement for Household Hazardous Waste Collection by their duly authorizedrepresentatives as of the date first above written. Recology:Curbside: RE(- CUPER' O CURB By:Ey: Nara r lame: Its _ C -tGi rr 2 M Ds: W03 U46250369- 1608022' O 13 293 EXHIBIT A to be attached: Curbside Inc. Proposal dated April 21, 2009 entitled "Door -to -Door Household HazardousWaste Management Program, City of Cupertino'] wo 06250369:1508021v7 14 294 AN Door -i:o -Door Household Hazardous Waste ManagementProgram City of Cupertino April 2'1, 2009 295 i PROPOSAL Door -to -Door Household Hazardous Waste Management Program City of Cupertino April 21, 2009 PROGRAM SUMMARY: Curbside Inc is pleased to provide this proposal tc the City of Cupertino . The intent of this pro- posal is to provide a City -wide residential, Door -to -Door Household Hazardous Waste Collec- tion Program to be made available to all Cupertino City residents on a call in basis. Curbside Inc., proposes to collectthe full range of householdhazardous waste (HHW), electronics and universal waste plus sharps and non - controlledmedicines (pills and capsules only but no pill bottles) directly from residents' homes. Thisproposedprogram will meet or exceed the City's goals of offering it's City residents the opportunity to properly dispose of HHW. Additional satel- lite locations for the collection of household batteries, sharps, non - controlled medicines and fluorescent bulbs will also be established at convenient locations throughout the City. The City will launch a public education effort toinform residents thattheprogramwillremove their household chemicals, a -waste and other items directly from their homes if they call Curb- side's hotline 1- 800 - 449 -7587 and schedule a collection. The residents will be required simply to place their material by the entrance door, garagedoor oryardgate in themorning for re- moval by the end of the work day (5:00 pm). TheDoor -to -Door programallows residents to participatewhen it is convenient for them, year - around, with the least risk to their health and thehealth of others. Seniors and disabled per- sons will be offered assistance when theycannot gather and remove the items from their ga- rages and homes. The program will be based upon a fixed fee, per month, perresidential unit. All single familydwellings and multi -unit complexes will have the opportunity touse the pro- gram. Several pricing options are included within the proposal based upon the amount of times residents may schedule appointments. As much as 90% of the wastecollected through this program will be recycled. The proposed programincludes the collection of all HHW (chemicalproducts) non - controlled medicines (pills and capsules only), sharps, electronicwaste and universal waste. Theproposed program in- cludes but is notlimited to the following: Collect the contents of the HHW Kit (provided via U.S. Mail) Collect E and U- waste, sharps and non- controlledmedicines (pills and capsules; no containers or pill bottles) Install and servicedrop -boxes and containers for sharps, non - controlled medicines with an expanded list of medicinedeliveryformats and containers such as bottles, liquids and foil), CFL's and household batteries Render assistance to seniors and disabled persons (upon request) Properlydispose of all waste (recycling about 90 %) Providepostage -paid survey cards (mailed back directly to the City ) Create monthly reports Completeyearly 303 forms 296 ATTACHMENT DOOR -TO -DOOR HOUSEHOLD HAZARDOUS WASTE OPERATIONAL PLAN Basic operation of the 1. Residentcalls the toll -free hotline to schedule an program:appointment. At this time the operator and resident will determine mutually, a safe and convenient location on their propertyfor placement of the collection bag and or e- waste /universal waste for pickup. 2. An HHW Kit will be provided to eachparticipant who has HHW materialsfor collection by Curbside prior to the collection day. No kit for universal or a -waste collec- tions only. 3. On the scheduled day, the residentplacesthe kitbag and or universal /e -waste in the previously agreed upon location on their property for collection. 4. On the scheduled day, a highly trained customer service person arrives and inspects the contents of the bag. 5. Acceptable materials are carried to the vehicle. 6. The materials are then sorted by hazard class and placed into proper containers (lab /loose packed). 7. If participants leave unacceptable materials, the unacceptable materials will be carefully re- packaged when safe todo so) inside a new bag. An information card will be placed in the bag (or on the door) informing the participant to call for instructions. No resident MI be left without a solution. 8. The waste material is shipped to final recycling /disposal facilities. 9. Complete reporting will be provided to The City . This is based upon the individual receipt used at the home. Reports will show what was collected, from whom, and when. Collection "Kit ":The "Kit" was designed to ensure that residents set out for collection only acceptable waste gathered in one location, safe from the weather. The kit is mailed to every participant requesting a full serviceHHW collection . The kit will usually arriveaboutthree days or more in advance of a collection. The kit contains the following: 4 -mil bag (approximately 16 gallon capacity) clearly labeled for household hazardous waste. One -way secure tie and label for bag — used to secure bag andkeep moisture out. Pre - printed and blank labels — residents use for items not in originalcontainers Page 3 297 InstructionSheet — completeprogram instructions and use ofpackagingmaterials Survey card — postage -paid card, participants mail directly to the City. The bag is usedtc insure that all of the most hazardouswaste streams are set outforcollection are contained. Waste secured inside this very heavy, industrial bag will not be exposed to the elements. Although leaking containers are not to beplaced in- side the bag, should an oil or paint can leak, all material would be contained. With the exceptionof auto batteries, fluorescent tubes and E /U- waste, all other material collectedper stop must be contained within the bag. No limits will be placed on e- waste collection. The kit bag willnot be used for a -waste or u- wasteonly stops Special servicewill be provided onan limited as needed basis for senior /disabled participants. Often senior /disabled residents are not able to lift and assemble their material for collection. Curbside will assemble and packagematerialfor these individuals atno additional cost to TheCity . Most if not all assistance thatwould be required has typically been completed within a15 minutetime frame. If theresidents requires more than 15 min a decisionwill be made as to weather or not to re- schedule this resident. It is importantthat all scheduled resi- dents are served during that day. For those residentswhoinform us that they have non - controlled medicines wewillprovide a separate bag labeled appropriately for non - controlled medicines in pill or capsule form only. For privacy reasons, we will not accept medicinesprovided in their original prescription bottles at the home. Special instructions will be given as how to pack them properly. Residents will be able to place any size or type of rigid sealed container holding ;sharps into the bag for collection. All waste collected will be recorded onan inventory form. Each item collected will be listed along withthe name and address of the participant. A copy of theform is left withthe participant. Datafromthe collection is entered into a database to calculate the approximate weight of the waste collected. This information is included in reports. Household hazardouswaste is co- mingled as itis collected. Waste from one community is often co- mingledwith waste from other communities. Curbside prepares shipping documents when weship waste for recyclingor disposal. We retain copies of these documents. Page 4 298 Management of Waste: Curbside participates in theHomeland Security Pilot program to determine if employees are legally allowed to work in the U.S. The screeningtakes place via computer within three days of employment. In addition, anyone operating a vehicle in resi- dential neighborhoods must undergo a separate Homeland Se- curity screening to ensurethat they have no criminal back- ground. These programs help to reduce the possibility that a Curbsideemployee would be a threat to members of your com- munity. Sharps must be collected by a registered medical waste trans- porter whichCurbside is. Curbside is a registered hazardous waste transporter as well. Page 5 299 HOUSEHOLD HAZARDOUS WASTE MATERIALS ACCEPTABLE WASTE:UNACCEPTABLE WASTE: Garden Chemicals Biological waste Insectsprays Weed killers Radioactivematerials Otherpoisons Fertilizer Smoke detectors Swimming Pool Chemicals Poolacid Ammunition Chlorine: tablets, liquid Automotive Waste Explosives Motor oil Antifreeze Leaking containers Waxes Polishes Unknowns (must be tested) Cleaners Brake fluid Fire extinguishers Gasoline Used oil filters Tires Oily rags Transmission fluid Appliances (larger than microwave) Windshield washer fluid Hydraulic fluid Waste in 6 gallon or larger container Automotive batteries Paint Products Commercial chemicals (for business use) Oil based paint Latex paint Asbestos Spray paint Stripper Trash Stains Caulking Constructionmaterials Woodpreservative Glue Liquid mercury, commercial quantities Thinner Household Cleaners Bleach NOTE: Cleaning compounds Floor stripper Some of the aboveitems can be accepted upon Drain cleaner approval at additional cost to resident. Resi- Tile remover dents will be told to contact their local fire depart- Tile cleaners ment for explosives and ammunition. Rust remover Misc. Household / U -Waste Leaking containers can be collectedafter the Household batteries resident has repackaged them. Unknowns that Electronics, TV, CRT, consumer items can be identified by the resident will be taken. Fluorescent tubes There is a feetothe resident to identify un- Thermometers knowns. Hobby glue Sharps Non - controlled medicines Pressurizedcylinders (propane tanks) Page 6 300 ATTACHMENT PUBLIC EDUCATION 3 Public Education Curbside Inc. will provide assistance toCity Staff for the development and implementation of a successful public education program. Curbside's marketing professionals will make their services available to review and edit communications materials prepared by the City. Camera - readyart from Curbside, Inc. can be provided, including modest customization for additional fees. Curbside's MarketingStaff is available to assist the City with media planning, copy writing andwith the production of printed material. Curbside will track how callers havelearned about the program. The results will help theCity determine the relative effectivenessof its public education activities. Summary of included services: Review and edit communications material prepared by City Use of Curbside's existingcamera -ready art (customization and or changes extra) Limited assistance withmedia scheduling Introductory press- releasecopy Tracking of how callers heard aboutthe program Page 7 301 ATTACHMENT HOUSEHOLD HAZARDOUS WASTE MANAGEMENT PROGRAM 4DEFINITIONOFCOLLECTIONSTOPS Door -to -Door Collections HHWSTOP An HHW stop consists of the collection of toxic material includ- ing motor oil, filters, paints, pesticides, herbicides, cleaners, solvents, acids, sharps and medicines. (See page 7 for com- plete listing of acceptable waste). Residents will be allowed to place the contentsof the bag along withauto batteries, unlim- ited universal waste and unlimited a -waste outside the bag. In order tokeep prices at their lowest level possibleresidents with only used mo1;or oil, filters auto batteries, small amounts of household batteries, universal waste items , sharps will be en- couraged to consolidate their waste with that of a neighbor. If theresidents is unable to find a neighbor or friend to consoli- date waste, the resident will be encouraged to utilize local drop off opportunities if they exist. Ifnone of these options are feasi- ble theresident will be scheduled for a door -to -door collection. A major focus of this program is to collect as much waste as possible at each slop and eliminate thestock pile of waste resi- dents have in their homes. Page 8 302 ATTACHMENT HOUSEHOLD HAZARDOUS WASTE MANAGEMENT PROGRAM 5COSTPROPOSAL Curbside Inc proposes to provide a fixedcost per home per month for all Household Hazard- ous waste services indicated and proposed in this proposal. We are confident the contents of this proposal meetsor exceedthe expectation of the City in offering themost comprehensive HouseholdHazardous Waste Collection program in the nation. Monthly pricing is as follows: Provide all City residents theopportunity to call and scheduleunlimited collections per calen- dar year. Cost per home per month for single family residences $0.45 Cost per home per month for multi- family residences $0.35 Total monthly cost for service to 14,000 residential units would be $6,300.00 or 75,600.00 per year Curbside Inc is the premier Door -to -Door HouseholdHazardousWasteCollection provider in the nation. Wehave been operating Door -to -Door programs nation wide for over 14 years and have accomplished to date over 210,000 Door -to -Door collections. All of theabove prices may be subject to any and all existing or future State, Local and Federal sales tax or taxes in general.. Page 9 303 r State of California - California Environmental Protection Agency Department of Toxic Substances Control For DTSC Use Only PERMIT BY RULE NOTIFICATION FORM FOR PERMANENTHOUSEHOLD Region HAZARD WASTE COLLECTION FACILITIES Please refer to theattached Instructions before completing this fora. Initial Notification 57 Revised Notification I.GENERAL I iFORNIATION I.D. NUMBER CAH 111 001 319 FACILITY NAME City ofCupertino FACILITY ADDRESS 10300 Torre Ave. CITY Cupertino CA ZIP 95014 _ COUNTY Santa Clara LOCATION Description) Latitude & Longitude) II.OPERATOR (PUBLIC AGENCY) NAME City of Cupertino ADDRESS 10300 Torre Ave. CITY Cupertino STATE Ca ZIP 95014_ CONTACT PERSON Donnelly Cheri Last Name)Fast Name) TELEPHONE NUMBER ( 408 ) 777 M. CONTRACTOR INFORMATION (if applicable) NAE Curbside Inc. ADDRESS 1015 ChesleyAvenue CITY Richmond STATE CA ZIP 94801 CONTACT PERSON Anderson William Last Name)First Name) TELEPHONE NUMBER 7 3937 DTSC 1094B (Revised 11/08)Page 1 304 i.D. NUMBER CAH 111 001 319 PERMIT BY RULE NOTIFICATION FORM FOR PERivIANENT HOUSEHOLD HAZARDOUS WASTE COLLECTIONFACILITIES IV. THE FOLLOWINGLOCAL AND /OR STATE PEw ARE REQUIRED FOR OPERATION OF THE PHHWCF: OBTAINED OBTAINED Transporter permit ( #3526)YES 8 NO YES NO Registered with DISC for E -waste ( #100332) YES @ NO YES NO YES NO YES NO V.PROPERTY OWNERSHIP A.Is the property on which the PHHWCF is located owned by the operator? Yes No If not, a written agreement between the operator and the property owner is required. Property Owner's Nam E ++Phone Contact Person rr i" Lk V1. ACCEPTANCE AND MANAGEMENT OF SPECIFIC WASTETYPES A.Will your facility accept wastes from conditionally exempt small quantity generators? Yes No B.Will your facility accept waste fromany of the following programs, facilities, or transporters? 1.Curbside household hazardous waste collection program?Yes No 2.Door -to -door household hazardous waste collection program?Yes No 3.Temporary household hazardous waste collection facility?Yes No 4.Recycle -only household hazardous waste facility?Yes No 5.Mobile household hazardous waste collection facility?Yes No 6.Registered HW transporter carrying hazardous waste generated by a CESQG? Yes No 7.Registered HW transporter carrying wash; from a loadcheck program?Yes No 8.Registered HW transporter carrying abandoned waste under public agency oversight? Yes 8 No 9.Other? Please explain C.Does your facility categorically exclude any type of waste (e.g. explosives, infectious waste, compressed gas cylinders, etc.)? If so, please list those categories: Explosives, ammo, radioactive, nuclear D.Will your facility consolidate any of the following wastes? Vused oil antiieeze solvents V / water -based paint F7 miscellaneous wastes roofing tar Voil -based paint coniaminated with solvents 1 / caulking/patching compounds solutionsphotographic gasoline adhesives DTSC 1094B (Revised 11 /08)Page 2 305 I.D. NUMBER CAH 111 001 319 PERMIT BYRULE NOTIFICATION FORS[ FOR PERVLAN'ENT HOUSEHOLDHAZARDOUS WASTE COLLECTION FACILITIES VII. WASTE VOLUME A Please indicate the approximatetotal volume of hazardous waste brought to the facility in an average month. Gallons or 9, Pounds B.What is the capacity of the container storage; area (i.e., drums, roll off bins, etc.) at the facility? 1.Individual storage area total ca ac, zsoa35aasntlrawek g p ty gallo ounds 2.Individual storage area total capacity drum (used a Cgallonfpounds 30gdrum (antltreaze 3.Individual storage area total capacity allo pounds 4.Individual storage area total capacity gallons/pounds 5.Individual storage area total capacity gallons/pounds 6.Individual storage area total capacity gallonsipounds What is the total number of tank storage areas?NON 1.Individual tank volume gallons. Wastestored 2.Individual tank volume gallons. Waste stored 3.Individual tank volume gallons. Waste stored 4.Individual tank volume gallons. Wastestored VIII. DAYSIHOURS OF OPERATION On the average, how many days each month is the facility opento accept wastes? 14 Days per month What are the hours of operation on thedays that the facility accepts wastes from households and CESQGs? Example: Facility accepts CESQG wastes from 0900 -1300 on the first Friday of each month and accepts household wastes Monday through Thursday of each week from 1000 -1600 This is a Door -to -Door program which schedules a collection date periodically as the need demands. One or more days permonth between 0700 -1700 hours. Waste is collected from the home. Plea refer to the attachedoperation plan. DTSC 1094B (Revised 11/08)Page 3 306 DTSC 10948 I.D. NUMBER CAH 111 001 319 PERMIT BY RULE NOTIFICATION FORM FOR PERMANENT HOUSEHOLD HAZARDOUS WASTECOLLECTIONFACILITIES IX. FACILITY DESCRIPTION: Please describe the facility in enough detail that a person not familiar with the facilitywill be able to understand the facility design. Include a description of the lighting, fencing, secondary containment for storage areas, etc. This is a door -to -door household hazardous waste collection program. A resident calls the hotline and requests a collection at their home. Akit described in the attachedoperational plan is sent to the home in advance of the collection kits are not sent to used motor oil collectionprogram or when theresident has only used oil, auto batteries, used oil filters or antifreeze). On the designated collection date the participant leaves the waste in the kitbag near their front door or garage. During the day a Customer Service Technician (CST) willarrive in a registered hazardous waste transport vehicle, pack the waste into containers by hazard class and go to the next home. A Uniform Hazardous Waste Manifest will start when the first hazardous item is collected. Thewaste: is then stored in theregistered vehicle until containers are full at which point they willbe delivered to an authorizedHousehold Hazardous Waste Collection Facility (HHWF) or to a permitted Treatment StorageDisposalFacility utilizing exempt transferfacilities as necessary for disposal. The collection vehicles will park overnight at a secureCurbside Inc. exempttransfer facility located in Richmond, California and will remain lockedwhen not in use. Please refer to the Operational Plan forcomplete details. Authorization to conduct a Door -to -Door Household Hazardous Waste Collection program where the waste goes to a TSDF through exempttransfer stations is derivedfrom a "letter of determination" issued by Mr. Karl Palmer, Branch Chief, DTSC on November 16, 2004, and a follow -up email dated November 10, 2004. Thedeterminationwas reiterated in an email from Mr. Rich Rausch, Legal Council, DTSC datedMay 5, 2010. Thefollowing is an exact copy of the salient points from the determination. DTSC interprets the definition and operations of the Door -to -Door program as being a subset of an established HHW facility, not a separate program. Therefore, in order to continue to operate a Door -to -Door program under HSC section 25218 et seq., eachlocal agency customer ofCurbside, or any other contractor, must establish a HHW collection facility and comply with the following terms and conditions: 1. Eachlocal agency must complete all sections of the Permit ByRule notification /application for a HHW collection facility and submittheseforms to the local Certified Unified Program Agency (CUPA). Essentially, the vehicle operated by a registered transporter becomes the authorized HHW facility. 2. All components of thenotification /application form must be completed including financial responsibility. The operation plan submitted with the PBR notification /application must detail howthe waste is handled, and by whom, from the time the resident calls for a pickup and the waste is collectedfrom the residence, throughthe waste being transported to an authorized treatment, storage, disposal facility (TSDF). The localCUPA must approve the notification /application. 3. Eachlocal agency must have a unique EPA Identification Number tobe used on the manifest when the waste is picked up from the residence. Since Curbside picks up HHWfrom multiple jurisdictions in one load, manifesting for each jurisdiction must be kept separate even though the waste fromthe different jurisdictions may be combined as to type (e.g. all theused oil can be bulked into one container while at theresidence but separatemanifest must be completedfor each jurisdiction). You are correct in yourunderstanding of the requirements formanifesting waste to any authorized TSDFunder manifest via your transfer station. You can't bulk or consolidate waste at that location w/o authorization ". (Email 11/10/04 Quoted also)" The following is recommended to the CUPA: the contractor will provideauthorized CUPA personnelupon request, the schedule of collections. At that point, the CUPA inspector can decide which day to visit the collection vehicle. Curbside, Inc., the contractor will provide the inspector with the name, call phone number of the CustomerService Technician (CST) assigned to collections on that designated date. The CUPA, inspector will call the CST between the hours of 7:30 a.m. and noon and arrange to meet theCSTsomewhere on his route. The CUPA inspector can visually inspect the vehicle and if necessary follow the CST to one or more stopsto observe the collection process. This procedure should replace a traditionalfixed location inspection. Page 4 307 I.D. NUMBER CAH 111 001 319 PERMIT BY RULE NOTIFICATION FORM FOR PERMANENTHOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES X.REQUIRED ATTACHMENTS A.FVI A plot plan of the facility B. Fv Certification of financial responsibility for closure C.Fv Copy of a written agreementbetween the propertyowner and facility operator allowing operation of the PHHVV/CF (if applicable) XI. OPERATOR CERTIFICATION (PUBLIC AGENCY) I certify that the unit or units described in these documents meet the eligibility and operating requirements of state statutes and regulations for the permit by rule tier. I understand that I am required to provide financial assurance for the costs of closing this facility. I also understandthat I am required to file a Phase I Environmental Assessment at a later date as part of the permit by rule application." I certify under penalty of perjury under the laws of the State of California that thisdocument and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluatethe information submitted. Based on my inquiry of the person or persons who manage the system, or those directly responsible for gathering the information, the information is, to thebest of my knowledge and belief, true, accurate and complete. I am awart: that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for ]mowing violations." N Print r Type)Title tj 4 Signature (Principal executive oTfic6r or ranking el,:cted Date Signed official), CCR, Title 22, Section 66270.11. DTSC 1094B (Revised 11/08)Page 5 308 State of California - California Environmental Protection Agency Department of Toxic Substances Control UNIFIED PROGRAM CONSOLIDATED FORM HAZARDOUS WASTE CERTIFICATION OF FINA1NCIAL ASSURANCE FOR PERMIT BY RULE AND CONDITIONALLY AUTHORIZED ONSITE TREATERS 700 a. Initial Certification b. Amended Certification c. Annual Certification Faee of 0 I. FACILITY IDENTIFICATION (Put an asterisk in the 10 margin nest to the amended information) BUSINESS NAbIE (Same as FACILITY N E or DBA — Doing Business As)lk 3 t d L.L FACILITY ID#t FACILITY EPA [D# TYPE OF OPERATION a. PBR -FTU b. CA PC c. Other 01 Do r Ie- Q. ESTIMATED CLOSURE COSTS NOTE: (it addition to the dollar figure below, a written estimate of closure costs must be attached when you submit this section of this page. 702 ESTIMATED CLOSURE COSTS S 4 - A ® 0 III. EXEMPTIONFROM FINAINCLAL ASSURANCE REQUIREMENTS I . I am not required to provide a mechanism because: 703 a. I certify that my closure cost estimate is less than or equal to 310,000, or 704 b. Specify other reasons 2. As a PBR owner or operator, I have not operated more than thirty days in .t calendar year. (Does not apply to Conditional Authorization) 705 IV. CLOSURE FIiNANCI.AL ASSUPLANCE MECHANISM I am required to provide a mechanism and it is attached to this page. 706 MECHANISM ID NUMBER(S): 7oa EFFECTIVE DATE OF CLOSURE ASSURANCE MECHANISM 707 MECHANISM TYPE El a. Closure Trust Fund C3 d- Closure Insurance g. Multiple Financial Mechanisms 709 check one item only)b. Surety Bond e. Financial test and Corporate Guarantee h. Certificate of Deposit c. Closure Letter of Credit F. Altemativn Mechanism i. Savings Account 710 FINANCIAL INSTITUTION, INSURANCE OR SURETY COMPANY/ OTHER ORGANIZATION 711 ADDRESS CITY 712 714 STATE 7t3 ZIP CODE V. OWNER OR OPERATOR CERTIFICATION SIGNER OF THIS CERTIFICATION Cl a. Owner N&b. Operator 715 I certify under penalty of law that this document and all attachments were preparedundermy direction or supervision inaccordance with a system designed to assure that qualified personnel properly gather and evaluate the informationsubmitted. Based in my inquiry of the person or persons who manage the system, or those directly responsible forgathering the information, the information is, tothe best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imrrisonment for knowing violations. (22 CCR §66270.11) 716 SIG OF OWN R/OPERATOR DATE 717 718 NAME OF OWNER/OPERATOR (Print)TITLE OF OWNER/OPERATOR ylv\c;0 e2v UPCF (12/99)35 Formerly DTSC 1232 309 I xC Z-, State of California - California Environmental Protection Agency Department ofToxic Substances Control Certification Of Financial Assurance This page is tobe completed by the owner oroperator of a Fixed Treatment Unit operating under Permit by Rule (PER), or a generator operating pursuant to a grant of Conditional Authorization (CA). If this is anew facility, this certification should be attached to the Onsite Hazardous Waste Treatment Notification -Facility page. If this is an existing facility and you have previously submitted a Notification, the certification and the financial assurance mechanism may be submitted without another notification. Permit by Rule (PBR) and Conditionally Authorized (CA) operations are required to provide finaru:ial assurance for closure costs (22 CCR §67450.13(b) and HSC §25245.4). However, you ate eligible for an exemption from financial assurance requirements if closure costestimates are not more than S10,000 (22 CCR §67450.13(d)). PBR operations that operated less than thirty 30) days in any calendar year are also eligible for an exemption (22 CCR §67450.13(e)). Complete thepage even if you qualify for an exemption. An adjustment to the closure cost estimate for inflation is required to be completed by March l of each year. See 22 CCR §67450.13(a)(2) for instructions on calculating the adjustment. This updatedclosurecostestimatemust be maintained at the facility. If your cost estimate now exceeds S 10,000 for the first time, you must submit this Certification and a closure cost estimate within 30 days to your CUPAor authorized agency. If the cost estimate adjustment results in an increase and requires a change in your financial mechanism, submit this certification and revisedmechanism within 60 days ( §66265.143). Any change in information affecting the closure cost estimate or mechanism must be submitted within 30 days to your CUPA or authorized agency. Refer to 22 CCR §67450.13 for financial assurance requirements. Note: the numbering of the instructions follows the data element numbers that are on theUPCF pages. These data element numbers are used for electronic submission and are thesame as the numbering used in 27 CCR, Appendix C, the Business Section of the Unified Program Data Dictio u ry.) Please number all pages of your submittal. This helps the Department of Toxic Substances Contro (DTSC) identify whether the submittal is complete and if any pages are separated L FACILITY ID NUMBER - Leave this blank. Thisnumber is assigned by DTSC. This is the mique number which identifies your facility. 2. EPA ID NUMBER -Enter the EPA ID number for the facility. 3. BUSINESS NAME - Enter the full legal name of the business. 700. CERTIFICATION STATUS - Check the reason the certification is being completed. 701. TYPE OF OPERATION -Check the type of operation. If type of operation is not listed, check "other' and indicate type in the space provided 702. ESTIMATED CLOSURE COSTS - Enter the total estimated cost of closing each treatment unit and attach a written estimate of the closure costs. Theestimated closure cost may be either the actual cost or the estimated cost when using your own staff and/or equipment. Th o closure cost estimate maytake into account any salvage valuethat may be realized from the sale of wastes, facility structure or equipment, land or other facility assets. Following is a modelclosure cost estimate: ACTIVITY COST1. Removal, treatment (on -site or off - site), or disposal of waste inventories C 2. Removal and disposal of soil 3. Decontamination of equipment and structure L 4. Demolition and removal of containment system components or structure 5. Transportation S O 6. Sampling and analysis of waste, soil, equipment, and structure 7. Certification or other demonstration of closure ( "clean" closure or specified level or decontamination)O 8. Other expenses (specify)1717 O 9. Less Assets (salvage value of waste, equipmentor property) TOTAL COST OF CLOSURE Q= NOTE: For PBR only, if you have operated under PBR for less than 30 daysin any calendar year, you qualify for an exemption. If eligible for the exemption, enter "EXEMPT' inthis space. 703. EXEMPTION FROM FINANCIAL ASSURANCE - Check to claim the exemptionfrom the financial assurance requirements for total closure cost estimate less than or equal to S10,000. A model letter using the required certifications must be submitted to claim this exemption. 704. EXEMPTION FROM FINANCIAL ASSURANCE -OTHER -Check to claim "other' reason for exemption from financial assurance requirements. Describe the reason for the exemption in thespace provided Reference the applicable statute or regulationgranting the exemption. 705. EXEMPTION FROM FINANCIAL ASSURANCE - <30 DAYS PER YEAR - Check to claim the exemption from financial assurance requirements for owner or operator under PBR only and operating no more than thirty days in any calendar year. 706. REQUIREMENT FOR FINANCIAL ASSURANCE - Check to indicatewhether the financitd assurance mechanism is attached 707. DATE OF CLOSURE ASSURANCE MECHANISM - Etter die effective date of the closure: financial assurance mechanism. 708. MECHANISM ID NUMBER - If applicable, enter the number of the closure assurance mechanism, for example, theinsurance policy number. 709. CLOSURE ASSURANCE MECHANISM - Check to indicate the type of financial mechanism established to provide the closure cost assurance. Eligible types are contained in 22 CCR 67450.13(a)(5). They are: 1. A closure trust fund as provided in 22 CCR 66265.143(a); DTSC Form 1154 2. A suretybond guaranteeing payment into a closuretrust fund, as describedin 22 CCR 66265.143(b); either DTSC Form 1155 or 1156 with DTSC Form 1 154 3. A closure letter of credit, as described in 22 CCR 66265.143(c); DTSC Form 1157 4. Closureinsurance, as described in 22 CCR 66265.143(d); DTSC Form 1158 5. A financial test and corporate guarantee for closure, as described in 22 CCR 66265 143(e); eitherDTSC Form 1159 or 1 173 6. An alternative mechanism for closure costs, as described in 22 CCR 67450.13(c); (io form) 7. Use of multiplcfinancial mechanisms for closure costs, as described in 22 CCR 66265.143(g); (no form) 8. A certificate of deposit, as described insection 3- 104(2)(c) of the Uniform Commercial Code; (no form) or, 9. A savings account, as described in section 4- 104(a) of the Uniform Commercial Ccde; (no form). These mechanisms require use of the additional DTSC Financial Assurance forms ref :renced above. These forms are available from the CUPA or the DTSCRegional Office. When using these forms, verify that the beneficiary is the CUPA, rather than DTSC. 710. FINANCIAL INSTITUTION OR SURETY NAME For items 710 - 714, enter thename and address of the financial institution, insurance company, 711. FINANCIAL INSTITUTION OR SURETY ADDRESS surety company, or other appropriate organization used to establish the closure 712. FINANCIAL INSTITUTION OR SURETY CITY financial assurance. hrdicate your company if you are using a corporate guarantee and 713. FINANCIAL INSTITUTION OR SURETY STATE financial test. 714. FINANCIAL INSTITUTION OR SURETY ZIP CODE 715. SIGNER OF1rERTIFICATION - Check to indicatewhether the person certifying is the owner or the operator of the facility. SIGNATURE - The business owner, or officer of the company who is authorized to make decisions for the facility and who has operational control, shall signin the space provided. The authorized signatory must be completed as specified in Title 22, CCR, section 66270.11. In most companies, thisisnotthe environmental compliance or technical staff. The title shouldindicate that an appropriateauthorized person is signing for the company. Original signatures are requiredon all documents submitted. 716. DATE CERTIFIED - Enterthe date that the document was signed 717. OWNER/ OPERATOR NAME - Enter the full printed name of the person signing the page. 718. OWNER/ OPERATOR TITLE -Enter the title of the person signing the page. UPCF (12/99)36 Formerly DTSC 1232 310 Permit by Rule Door -to -Door Household Hazardous Waste Collection Program Financial Responsibility Disclosure City of Cupertino, California City of Cupertino acknowledges that it is financially responsible for the Door -to -Door Household Hazardous Waste Program and that pursuant to Section 25218.1(C) of the California Health and Safety Code, the City has submitted a Permit by Rule notification for the purpose of hosting a Door -to -Door Household Hazardous Waste Collection program. State law requires that any householdhazardous waste program (including the City's previous oneauthorized by variancefrom DTSC) be sponsored by theCity and that the City becomethe generator of record. Form "UPCF" is attached and indicates an exemption from financial assurance requirementsbecause the maximum potential closurecostafter deducting thevalue of thetruck and equipment is less than $10,000. The requirementof financial responsibility was developed to protect the public in the eventthat an HHW facility (built on real property) was to be closed and require clean -up. Sincethisprogramdoes not utilize real property, the potential risks as envisioned bythe regulation's authors are different and require a more detailed disclosure as to how the Cityintends to meet the financial responsibilityrequirements of this specific type of program. The following is provided: This program is managed by theCity through theservices of a contractor, Curbside Inc. The Cityrequires its contractor Curbside Inc, to maintaininsurance to protect theCity against claims that could arise from the operation of a vehicle transporting household hazardous waste. The program has been designed to minimize: financial exposure through the following requirements and procedures. The contractor musthave experience. o Curbside Inc. has been collectirg HHW for fifteen years. During that time thefirm has not causedany waste to enter public rights of way. No public agency has expended funds to correct operatingproblemsincluding accidents, spills, etc. Thecontractor must maintain state mandated insurance. o Curbside Inc. maintains MCS90 pollution insurance as part of its transporter requirements. This insurance coverage will cover thecost of cleaning a spill or release of hazardouswastefrom the time that a Curbside employee accepts the waste until after it is removedfrom the Curbside Inc. vehicle. 1 311 The contractor must maintain an umbrE:lla insurance policy. o Curbside Inc. maintains a liabilityinsurance policy with the City as a named insured. This will help to protect theCity in the event of an incident at the Curbside Inc. transfer facility including public liability coverage in the event someone becomes injured at any point through the process. The City is additionally protected bythe contractor's Workers Compensation Insurance Policy. The contractor must hold a hazardous waste transporterspermit o Curbside Inc. is a registered hazardous waste transporter and is registered to handle electronic waste. Vehicles used for this program must be! in good operating condition o Curbside's fleet used forthis City is well maintained. Personnelhandling waste must be trained. o Curbside's employees are trained for the tasks they are requested to perform. Annual renewal training for HAZWOPER and periodic refresher training is documented. The backgrounds of all Curbside customer service representatives (CSTs) have been checked by the Department of Homeland Security. All CSTs are citizens or legal residents. The quantity of toxic waste on the vehicle at any one time is minimal o Curbside uses shorter box trucks. The trucks can only transport two threethousand pounds at a timE!. Program parameters require collection of sealed containers with no unknowns o D.O.T. rated containerssecure the originalcontainers (or repackaged containers) to prevent spillage during transport. By isolating the waste in multiple containers, the risk of spillage is minimized. Employee health insurance o Curbside Inc. provides 100% employer paid health insurancecoverage to employees and paid sick days. This is to ensure thatemployees do not report to work when their performance may be impaired. Contaminationprevention o In anticipation of the unlikely contamination of used oil that will be bulked, Curbside uses containers to helpisolate this material. If a singlecontainer becomes contaminated, it will be managed based upon the contamination. Because this program is a registered Door -to -Door HHW program the state will cover the cost of upto $5,000 per year, per City fordisposal. In Curbside's 15 years they have never made a claim. 2 312 Waste records To ensure thatwaste collected in this City is identifiedfromwaste collectedfrom another City on the same day, Curbside has invented a unique container label system thatincludes the namesof cities whose residents' waste hasbeen placedinto the container. Along withthe label, a separate inventory sheet is prepared at each home. In the unlikely event that there was an issuewith a single container, it would be possible to determine the, origin of the offending material, perhaps to the exact home it wascollected from. A Uniform Hazardous WasteManifest is prepared for the City specifically indicatingthe quantity ofwaste collectedfrom thiscity separate from any other city that may have a similar program through Curbside Inc. This permits DTSC and the City to track all hazardous waste collected from homes in this City. Curbside's computer generatedreportsderived from the individual collection receipts are also available. Risk assessment o Toassess the total risk, it would be necessary to breakdown the components of a single day collection of waste. Without including electronics, not more than 20% of the total wastecollected falls into the category of poisons, acids and similar hazardous waste. Generally, this amounts to about 15 %. With the exception of flammable materials (about 30 %) of waste, the remainder consistsof latex paint, batteries and other materials that, while a threat to the environment in a landfill, pose no immediate threat in the event of a vehicle accident. All other materials except used oiland antifreeze) are collected in original, non - leaking containers that are placed into sealed D.O.T. rated containers. Used motor oil and antifreeze are bulked at the home into sealed D.O.T. rated containers. Thetotal quantity of RCRA (manifested waste) on the vehicle at one time is not likely to exceed 1,500 #. Closure cost o Using a maximum formula of 2.00 per pound for disposal transportationof waste, assumingthevehicle contains themaximum of 2,500# of waste, disposal would cost $5,000, not more than $4,000 in management cost. The total closure cost would not exceed $9,000. The vehicle and equipment is at minimum valued at $15,000 leaving a net closure surplus of $6,000. For the abovereasons and othersdocumented in the Operational Plan, the potential risk to the environment and, therefore, to the City are minimal. Curbside does, from time to time, comminglewaste from this City and another City in the same container. This is done to reduce overall disposal costs and make the program efficient. Only compatible materials are placed in a single container. 3 313 Curbside has taken the additional step of indicating on the container label, the names of Cities whose residents' waste is contained in the container. This step, along with the individual inventoryreceipts prepared at a participant's home, help to isolate waste taken from each home. In the event of an issueduring transportationor disposal, it will generally be possible to determine the source of waste placedinto anyindividual waste container. The City maintains adequate insurance to cover risks in excess of those covered by its contractor. This document hasbeen developed as a required attachment for thePermit -by -Rule application. 4 314 RI DONNELLY on Agency Department of Toxic Substances Control 0 is Works Department nvironmental Programs Manager ULE NOTIFICATION FORM 10300 Torre Avenue RMANENT HOUSEHOLD Cupertino, CA 95014 -3255 ASTE COLLECTIONFACILITIES hll (408) 316 -1233 2010S! -1 PI 493 ax (408) 777 -3333 pleting this form cherid @cupertino.org www.Cupertino.org Revised Notification r I.GENERAL INFORNIATION I.D. NUMBER CAH 111 001 319 FACIL- ITYNAME City of Cupertino FACILITY ADDRESS 10300 Torre Ave. C Cupertino CA ZIP 95014 _ COUNTY Santa Clara LOCATION Description)` Latitude & Longitude) II.OPERATOR (PUBLIC AGEN( NAME C I ty ADDRESS 103 CITY Cud ILL CONTACT PERSON Don Last Naz TELEPHONE NUMBER (_ 408 777 M. CONTRACTOR INFORMATI NAME C ADDRESS 10 1 L. vi tuoiCy tAvenue CITY Richmond STATE CA ZIP 94801 _ CONTACT PERSON Anderson William Last Name)First Name) TELEPHONE NUMBER 714 -) 223 DTSC 1094B (Revised 11/08)Page 1 315 RECEIVED PUBLIC WORKS DEPARTMENT loll JUL 06 2010 500 South Jefferson Street Placentia, CA 92870 888 - 449 -3733 www.curbsideinc.com July 1, 2010" Cheri - Donnell - -- Y -11.— EnvironmentalProgramsManager City of Cupertino c 3 10300 Torre Avenue Cupertino, CA 95014 Dear Cheri, Please find enclosed (2) two sets of the complete PBR package. The PBR application already has your EPA #. Please quick check the number. Always needto makesure it is correct. One set is for you and the other is for Bill Anderson when he arrives for his CUPA meeting. Included in thePBR Package are the following: PBR Application Certification of Financial Assurance PBR Financial Responsibility Disclosure Operational Plan Attachments to theOperational Plan Thank you so much for all your help. Willtalk with you soon. Sincerely, J - (,Qe a Socorro Fierro Executive Assistant Ethical management of waste is required to protect future generation" Curbside Inc. Headquarters• Phone: 1- 888 - 449 -3733 Fax: 714 - 996 -0254 www.curbsideinc.com Printed on Recycled Paper 1 316 i Household Hazardous Waste Management Program CURBSIDE INC DOOR -TO -DOOR HOUSEHOLD HAZARDOUS WASTE OPERATIONAL PLAN Version June 23, 2010 —City of Cupertino w /Sharps /Exp non -cont medicines Prepared by Curbside, Inc. This plan is the property of Curbsidle, Inc. This document is considered a Trade Secret and no non - government entity may duplicate or receive a colpy of the contents ofthis docu- ment in any manner. Copyright © 2010 Curbside Inc. 06/2010 Page 1 317 TABLE OF CONTENTS I.Program Description /Operational Plan Overview Page 4 II.Hotline /Customer Contact Page 7 Ili.Collection Process Page 8 IV. Collection Vehicles Page 9 V.Special Handling Page 10 Vi.Collection Kit Page 11 VII. Eligible Materials Page 12 VIII. Safety and Health Program Page 13 IX. Training /Personnel Requirements /Protective Equipment Page 15 X.Disposal /Recycling Page 15 Xl. Record Keeping Page 16 XII. Electronics Page 18 XIII. Contingency Plan Page 19 XIV. Emergency Procedures and Equipment Page 19 XV. Preparedness and Prevention Plan Page 20 XVI. Curbside Transfer Facility Page 21 XVII. Business Waste Page 21 ATTACHMENTS Maps of the nearest Emergency Hospitals Transporterspermit Proof of insurance -6 pages Acceptable /unacceptable waste streams Waste destinations (Program Specific) instruction sheet (sample program) Collection /Inventory Receipt Route sheet (sample) Photos of the HHW Kit Container label (California) Truck schematic Copyright © 2010 Curbside Inc. 06/2010 Page 2 318 INTRODUCTION This Document provides an outline ofPolicy and Procedures. Proceduresmay vary depending upon the situation or specificvariation of the basic door -to -door program. For example, a disabled per- son mayrequest assistance when calling for a collection date. If the disabled person is incapable of gathering the waste, they may not be given a kit. Instead theCustomer service technician will gather the waste for them. Some programs may be dedicated exclusively to seniors and disabled persons. Someprograms may eliminate the collection of specific wastestreams i.e., used oil and filteronly collec- tion programs. The Door -to -Door program described in this document operates under Permit -By -Rule. Each public agency sponsoring a Door -to -Door program is required to obtain a Permit -by -Rule through the local CUPA. This program is operating as a "permanent household hazardous waste" facility under a determination made by the CaliforniaEnvironmental Protection Agency, Department of Toxic Sub- stances Control. Regulations thatapply to permanentfacilities i.e., storage time, etc. apply to this pro- gram. The actual Curbside Inc. vehicle is a household hazardouswastepermanent facility. Sharpsmay be collected in a program. Sharps are regulated byDPH and require a medical waste transporters permit which Curbside Irc. has. Refer to thesections in this document that outline this program. Expired, non - controlledmedicines may be collected in this program. Non - controlled medicines are not regulated by Federal or State law. Controlledsubstances are not accepted. Details on how medicines are managed are included in this document. Hazardouswaste must be manifestE!d. Otherwaste is listed on bills of lading. Curbside, Inc. has produced this document for use by public agencies in evaluating Curbside, Inc. Door -to -Door programs. This document may be duplicated by publicagenciesthat have received it from Curbside, Inc. for their use. This document contains highly confidential material and cannot be transferred to any private businessor non - profit organization or placed in the publicdomain withoutpriorwritten approvalfrom Curbside, Inc. More informationabout Curbside In .-. is available on our web site, www.curbsideinc.com ti Curbside, Inc. 500 S. Jefferson Street Placentia, CA 92870 714 - 223 -3937 (Phone) 800 - 449 -7587 (Hotline) 714 996 -0254 (Fax) E -mail: hhw @curbsideinc.com Copyright © 2010 Curbside Inc. 06/2010 Page 3 319 DOOR -TO -DOOR HOUSEHOLDHAZARDOUS WASTE OPERATIONAL PLAN PROGRAMDESCRIPTION /CURBSIDE, INC. OPERATIONAL PLAN OVERVIEW The following is a step -by -step outline of Curbside, Inc.'s Basic HouseholdHazardous Waste Door -to -Door Collection Pro- gram operation. Each of these steps is expanded upon in the ensuing pages. The Operational Plan is intended to explain the system from the point that the resident has been notified through Public Education that the program is available through to the destination for waste that was collected. The City is the generator of record and accepts responsibility for the waste. This programconforms to the Permit ByRule Notificationsubmitted to the CUPA. TIMING TASK EXPLANATION Introductory Communications to Residents 1. ThePublic Education Programinforms resi- Period and dentsaboutthe Door -to -Door. Program and its Ongoing benefits. Incentives are offered where appro- priate. Preceding Residents Call HHW Hotline 2. A residentcallsthe Hotline Number and re- Collection quests collection of householdhazardous waste (1- 800 - 449 - 7587.) The caller must be qualified i.e. a resident of the City. Callers Qualified; Appoint- 3. The Hotline Operator explains the Door -to -Door ments Assigned program, describes theKit (described in an at- tachment to this document) that will be mailed and discusses the types of materials that are eligible ( a list of acceptable and unacceptable waste is attached to this document) for collec- tion. TheHotline Operator assigns collection dates and identifies special needs. Five Days Ship Kits To Residents 4. Kits shipped to participants via USPS. Before Kits Delivered to Residents 5. The Kitarrives several daysprior to the collec- Collection Day tion allowing participantadequate time to gather materials. Collection Day 6. Customer service technicians are provided with Route is a route sheet to facilitate the efficient routing of Confirmed collections. Residents who requirespecial as- sistance are identified on the route sheet along with other important notations i.e. location of waste. Collection Day First Stop 7. On collection day, ourtechnicians may visitthe first or secondhome in the morning as a pre- setappointment when additionalassistance is required. 8. Our technicians will arrive, locate the Kit or con- tact residentswho require assistance. Copyright © 2010 Curbside Inc. 06/2010 Page 4 320 DOOR -TO -DOOR HOUSEHOLD HAZARDOUS WASTE OPERATIONALPLAN Collection Day Contents Inspected 9. The Kit will be opened on the spot. All contents will be inspected and listedon the inventory sheet. Ineligible, Unlabeled or 10.Ineligible materials and unlabeledor unknown Unknown Materials Not Taken materials will be given back to the resident, if see attachment)home. If resident is not home, thematerialswill be left in the kit which will be resealed. A door hanger is left indicating why the material is un- acceptable. The resident is requested tocall the hotline for information /instructions. Receipt Issued 11. A receipt will be left at each stop. Copies are kept by the sponsoring agency for 3 years. Separate and Store Material in 12. Curbside technicians will takethe eligible mate - Vehicle rials to the vehicle using a safe method which will avoid spills in transit. The method can in- cludecarryingindividual containers or using a containment device. Once thewaste is at the vehicle it will be separated and placed into ap- proved containers according to hazard class. Labeled Containers 13.As soon as the first item goes into a new con - Motor Oil /Antifreeze tainer, it will be labeled. Waste from more than one citymay be combined in a single container. This is noted on the container label. All shipping containers are sealedbeforethe vehicle de- parts. Curbside technician may decant used oil and antifreeze in thevehicle parked in a safe area adjacent to theresidence where the mate- rial was received. A boom is to be placed aroundthe drum to contain any spillage. Pack- ing procedures arelisted in the training manual. Vehicle Secured 14. The vehicle will be secured and driven to the next location on the route sheet. Disposition 15. When hazardous waste containers are full they Within 10 Days will be shipped to a TSDF director through ex- empt transfer facilities. A complete listing of waste destinations is attached to this docu- ment. Copyright © 2010 Curbside Inc. 06/2010 Page 5 321 DOOR -TO -DOOR HOUSEHOLD HAZARDOUS WASTE OPERATIONAL PLAN Month End Reports 15. Inventory sheets will be entered in Curbside Inc.'s proprietary database. Cumulative collec- tion reports and copies of shippingdocuments are provided to sponsoring agencies withthe monthly invoice. Note*f the resident is home and the materials are prop- erly identified and labeled, they will be taken. If the resident is not home and we cannot identify the materials, they can call for another collection ap- pointment. If the resident cannot identify the mate - roals, arrangements can be made to have the mate - rfal tested, packaged, and removed. MANIFEST A uniform hazardous waste manifest using the PROCEDURE city's EPA I.D. number) is prepared at the first home where hazardous waste is collected. As a new waste stream is collected, a new manifest is created. If waste collected from residents and an- other city is added to the container, a newmanifest is created for that city. The quantity in the con- tainer belonging to a specific city is indicated on the manifest, i.e. 15 gallons if half of a 30 gallon drum. During the entire transportation process, hazardous waste is manifested. This procedure applies only to waste streams required to be listed on a uniform hazardous waste manifest form. Other waste is shipped via a bill of lading. RECEIPT FORM Aninventory /receipt form is created at each home. All items collected are listed on the formalong with the name of the resident and the address. Each receipt contains the manifest numbers of each con- tainer holding the waste. Most receipt forms will have multiple manifest numbers. This process will help track the waste to destination facilities. SHARPS /Non- controlled Sharps and expiredmedicines may be collected in MEDICINES this program. The receipt form will note the collec- tion of either or both items. The use of the inven- tory/receipt form for recoding the collection of sharps hasbeen approvedby Cal DPH. Copyright © 2010 Curbside Inc. 06/2010 Page 6 322 DOOR -TO -DOOR HOUSEHOLD HAZARDOUS WASTE OPERATIONAL PLAN Basic operation of the HOTLINE /CUSTOMER U. S. mail, for use in packaging program:CONTACT their eligible householdhazardous waste materials. The operator will explainhow to use the kit. Partici- Each Door -to -Door Program has a pantswill be encouraged to call specific number of collectionsfor back to ask any questions that which it is budgeted. Actual col- may arise. Residents will be told lection dates will be established that they must not, under any cir- basedupon demand (not to ex- cumstances, placethe kitby the ceed the budget). Generally, col- curb. Although it is preferablethat lections occur throughout thethe resident be home, if they can year. Should therate of sched- not be, they will be directed to uled appointments be greater than place the kit in a safe place away the plan, the program may call forfrom public right of ways, prefera- prioritizing calls i.e., sen- bly by an entrance door or ga- iors /disabled persons first, others rage. as funds are available. Calls in excess of the budget will be di- The kit will usually be shipped at rected to available alternatives. least fivedays before the sched- uled collection day. USPS has Public educationefforts will direct indicatedthat delivery of the kit to consumers to call the hotline the resident should take no more MONROVIA RESIDENTS —phone number, 1- 800 -HHW- thantwo -three days. RequestsOo,enNw ae'Mb PKUP (449- 7587). The hotline received within five days of the r...e.will be answered by a person next collection date may be a,based at our corporate office) scheduledfor a subsequent col - between the hours of 5:00 a.m. lection date. This ensures that and 5:00 p.m. PST, Mondayparticipants willreceive their kits through Friday same operators9y (P withsufficienttime to preparethe are bi- lingual). Callers are kit properly. If expiredmedicines prompted topress a key for Eng- are accepted in this program, the lish or Spanish ensuring that pills and capsules onlymust be Spanish- speakingcallers are di- poured into a sealed zip -lock plas- rected to a bi- lingual operator. tic baggieandplaced into the kit Calls received during holidays, bag. Only pillsand capsules will weekends and after hours will be be accepted. No controlled sub - answered by our automated sys- stances will be accepted nor will tem. Residents can call twenty- medicines be accepted in original four hours a day, seven days a containers. week. In a case of special needs, the If residents call during off - hours, Curbside's Customer Service they are prompted to leave a Technician will help theresident name and telephone number. gather materials. The resident Calls left in the automated system must be at home for special will be returned the next business needs service. They will be told day.not to place any materialsoutside the home prior to the arrival of the When residents call in to sched- customer service technician. ule, they will be told to expect an HHW kit to arrive at their home via Copyright © 2010 Curbside Inc. 06/2010 Page 7 323 DOOR -TO -DOOR HOUSEHOLDHAZARDOUS WASTE OPERATIONAL PLAN Basic operation of the Curbside, Inc.'s experience with program:over 140,000 collections indicates If unacceptable materials arepre - that participants conscientiously sent, the resident will be informed follow our verbal and written in- that the material cannot be ac- structions.cepted. Theparticipant will be given instructions asto how to COLLECTIOIV manageanyunacceptable materi- als. In the event the resident isPROCESSnothome, the unacceptable mate- rials will be left in the kit, which Curbside developed a proprietary will be resealed. A door - hanger database and dispatching systemplaced on the door or screen will that helps to ensure that our Cus- instruct the resident to call the tomer service technicians know hotline for information about where to findparticipantshomesproper disposal of the unaccept- and what materialsthe resident able materials. indicated they have for collection. Each Customer service technician Note: It is a rare case that unac- receives a route sheet for the day. ceptablematerials are encoun- w,That sheet includes name, ad- tered. Less than 1% of homes dress, phone number and a short leave materialsthat are unlabeled note about the nature of thewaste or that are unacceptable for other to be collected. Any special reasons. needs are indicated in the notes fieldalong with i - iformation from In order to prevent spills, theGtheparticipanti.e., knock on the Curbside CST is prohibited from y door or watch for the dog, etc.carrying the bag to the vehicle. Wastecontainers arecarried indi- Collection vehicles are inspected vidually or in another secure con - each day to ensure thatthey are tainer to the vehicle. safe to operate. Customer ser- vice technicians load transporta- After the materials have been tion containers baseduponthe transported to the collection vehi- estimated volume of varioustypes cle, an inventory of the items is of waste to be collected. The listed on Curbside's Inven- route sheet provides a good indi- tory /CollectionReceipt. Items are cator as to the number and typesseparated and placedinto sepa- of containers needed. An inven- rate containers basedupon their tory of spill response and safety hazard class. For example, oil equipment is taken to ensurethat based paintsare placed with other thesesupplies are available in the compatible materials such as min - event they are needed.eral spirits and paint thinner. Only compatible materials are xsy When the CST arrives at theplaced in thesame container.Y=home, he /she Icoks for the kit. Prior to leaving for the next loca-t The vehicle is parked at the curb tion, notes are made on the route I as close as pos&ble to the home. sheet indicating that the collection The CST puts on gloves and eye was made or not. Any unusual protection and proceeds to thedetails are noted i.e. a leaking materials. The kit is opened and bottle of oil. the contents are inspected on site for unacceptable materials. Copyright © 2010 Curbside Inc. 06/2010 Page 8 324 DOOR -TO -DOOR HOUSEHOLD HAZARDOUSWASTE OPERATIONAL PLAN Basic operation of the Expired, non - controlled medicines Vehicles are inspected every day program:will be deposited into a container according to state and federal re- of water prior to thevehicle leav- quirements. Operators are fin- ing the site. Sharps containers structed to review their inventory willbe placed into a labeled ofsafety andspill response equip - sharps drum on the vehicle.mentbefore operating their vehi- cles. A copyof the i sheet receipt) will be leftwith the resi- Vehicles have sufficient capacity dent. The vehicle is secured and to contain the household hazard- the .Each typeof item is listed byous waste scheduled to be col- the quantity of containers and the lected on a specific date. Thisawr r- -• --contents. The data listed on theensures that the vehicle is not orrsurura — r.awaw.. inventoryreceipt is entered into overloaded and there are a proper s„Curbside's database after the col- number of drums for the types of lection is completE!. A manifest is waste to be collected. prepared at the time of the first collection.All vehicles are registered as commercial and maintain appro- COLLECTION priate state registration for han-d Y4- Ye1N,sill dling these types of wastea.r.,.rw..iarr.+nwrerr... VEHICLESaxr- iYbbiR Wrl -)mlu Y-- .a........streams even though a quantity of lessthan 1,001 pounds is not con -or.aWeYra — xrrurawn Curbside Inc. and /or its contrac-sidered to be hazardous by the 7W tors utilize new ornewer vehicles Federal Department of Transpor- to serve residents. The vehicles tation regulations. must be in good condition and safe to operate. Generally, the The vehiclesare placed on a rou- size of the vehicle is under 18' tine maintenanceschedule to en- with most being 15' in length. The sure that they are operating prop - vehicles are capable of transport- erly and that the riskof a break - ing up to 3,500 pounds of mate- down is minimal. rial. Each vehicle contains the follow -4. The average collection day con- ing: sists ofvisiting approximately 20 homeswhen all HHW waste is *Registration form, current collected and up to 30 homes *Copy of hazardous waste trans - when only used motor oil and oil porterspermit filters or a -waste are collected. Proof of insurance A letter to law enforcement agen- Vehicles are placarded, although cies explaining the program the placards are only used when *Various forms /manifest docu- thetotal quantity of D.O.T. haz- ments ardous waste exceeds 1,001 *Route sheet pounds. There are very few days *Inventory sheets (completedfor during the year when the quantity stops accomplished) of D.O.T. hazardous waste ex- *Spill clean up equipment ceeds 1,001 pounds.Eye wash station Fire extinguisher Copyright © 2010 Curbside Inc. 06/2010 Page 9 325 DOOR -TO -DOOR HOUSEHOLDHAZARDOUS WASTE OPERATIONAL PLAN Basic operation of the PPE will be separated into appropriate program:Containers for waste storagecontainers for transporta- Emergency triangle tion. The resident will then be pro - Vehicle operating manual videdwith the standard receipt Chemical referencematerials and survey card. Cell phone Camera Curbside Customer Service Tech - Shipping documents nicianswill not handlematerials that are not clearly identified. If SPECIAL HANDLING the quantity ofmaterials is high and /or the quantity of unknown Special assistance will be pro- materials is significant, we will, at videdto individuals whowould the discretionof the Client and /or have difficulty gathering and pack- resident, send a technician to theresidencetoevaluatethemateri- als and the cost of collection. The sponsoring public agency will then be offered the opportunity to pay an additional amount for all testing and collection of all the materials including the cost oflaboratory testing for unknowns. If the public agency chooses not to pay, the resident will be offered the oppor- aging HHW for collection. These tunity. The net result, 100% of individuals would include resi- materials can be collected and dents suchas disabled and /or handled appropriately. senior citizens. Note: It is a rare case when mate - TheCurbside Customer Service rials cannot be identified by resi- Technician will visit thehomes of dents whenthey are asked to do those who need help packaging so. The most frequent occurrence HHW on an appointment basis, is one in which a resident places a either the first one or twostops in container for collection without the morning or the last one or two using a label. When they are asked what the material is, theystopsintheafternoon. The Curb- side Technician will coordinate theidentify it. The CST places a label on it and accepts it. Very few,specific collection timethat day.less than 1 /o ofparticipants re- Curbside's Customer Service quireextensive help with identifi- Technician will meet with the resi- cation. dent and gather eligible items. Our personnel will not go into ar- When explosiveordangerous eas that could be hazardous to chemicals are present, the CST is them, such as old sheds or con- instructed to first explain the issue fined spaces (in some cases a to the resident and request that second floor). All materials must they contact the appropriate be clearly labeled. Thematerialsagency (they will be provided withthisinformation). In all cases ofwillthenbecarriedinspecialcon- tainers to the vehicle where they dangerous materials, the sponsor - Copyright 0 2010 Curbside Inc. 06/2010 Page 10 326 DOOR -TO -DOOR HOUSEHOLD HAZARDOUS WASTE OPERATIONAL PLAN Basic operation of the ing public agency will be notified • Publiceducationinformation program:immediately regardless of the ac- (as provided by public agency). tions taken for disposal. In the event that the resident is not Theinstruction sheet clearly indi- home and the CSTdeems thatcates how the program works: the waste is a hazard, the spon- how to placethe bagat the desig- soring publicagency is contacted nated location; fill it to the point for guidance. Theseactions are where it can be sealed and no rarely taken, less than one in more. A brief list of unacceptable 90,000 collections.material types is listed along with tips on handling the waste to en- Multi- family homes will be col- sure that it is not mixed. lected from in a manner similar to that described above for single- Experience has taught that the family homes. Multi- family instruction sheet is critical to en- homes, however are typically suring that the program runs as it apartments thatareoften not fac- was designed. Thesheet may be ing the streetor curb. The resi- produced in morethanone Ian - dents will provide the kit to the guagedepending upon thedemo - Curbside Representative. If a graphics. Instruction sheets are manager is located on the prem- written to accommodate the pro - ises, the resident will be asked to gram parameters of specific juris- havethe manager hold it for col- dictions. lection. The bag is designed to contain up COLLECTION KIT to125 pounds, although the aver- age bag contains about 80 Thecollection kit was designed to pounds. The bag is sufficient for assist participants in collecting about 80% of participants. In ad- and packaging their waste. The dition to the bag being used to educational material included in keep the waste fromanimals and the kit helps to ensure that resi- small children, itis designed to dents do not place for collection, limit the waste so that the total waste that canno': be collected by collected in a day can be accom- Curbside (see next section on modated in our collection vehicle. eligible materials). Depending upon the program de- The kit contains the following sign, an additional kitcan be sent items:to a resident with more waste than can be placed into one bag. In 4 mil commercial bag — clear some cases, whereprior notice recyclable plastic — HHW label on and approval is given, large quan- outside.tities of legacy waste can be col- Instruction sheet some in lected from homes i.e., estate both English and Spanish). clean outs. Additional fees may One -way wire tie to secure be charged either to the resident the bag.or the jurisdiction, always with Labels various common prior authorization. If the Cus- items). tomer service technician finds much more waste than antici- Copyright © 2010 Curbside Inc. 06/2010 Page 11 327 DOOR -TO -DOOR HOUSEHOLD HAZARDOUS WASTE OPERATIONAL PLAN Basic operation of the pated, and taking the full amount intended to reach those individu- program:might jeopardize service promised als who, for a variety ofreasons, to others scheduled on that day, are part of the 95% of individuals either the material will be left, with who typically do not recycle their due notification, and the collection household hazardous waste rescheduled or only a partial through other available options. amount of the materials will be collected and a follow up collec- The Door -to -Door program is in- tion will be schedulEd.tended to reduce the amount of HHWthat is stored, inform the A kit is not sent to homes partici- public that theyshould properly pating in used oil and filter collec- handle household hazardous tion programs. Tnequantity of waste materials and they should used oil will generally not fit into reduce the quantityofHHW that is the kit and participants generally generated by purchasing only follow thehotline operator's in- whatthey needand then using it structions abouthow and where toas it was intended. place their containers for collec- tion.The Door -to -Door program will accept non - commercial fertilizers, ELIGIBLE MATERIALS pesticides, herbicides, engine cleaners, solvents, used oil and The Door -to -Door program is de- other material as indicated in the signed to collect thebulk of attached list. Contaminated used household hazardous waste ma- oil can be acceptedunder this terials (see attached listing of ac- program for an additional fee. ceptable materials). This program Biological waste will not be ac- is not designed to collect all cepted (unless it is part of a household hazardous waste ma- sharps program specifically nego- terialsfrom every home in the tiated and detailed in the agree - community, nor is it designed to ment). These include medicine, collect all householdhazardous needles, lancets and material de- materials from every participating, signed for health maintenance. home. The list ofeligiblematerials The standard instructions indicate will be discussed and included in thatthese materialswill not be the agreement between Curbside, accepted. If the collection of Inc. and the public agency. The sharps and /or expired non- public agency determines what controlled medicines is added, will and will not be collected ac- those items will be placed in the cording the to the terms of the kit bag. A, , agreement. Under no circumstances will ra- The Door -to -Door program is pri- dioactive /nuclear items, ammuni- marilydesigned to collectfrom tion or explosives be transported individuals who might not other- by Curbside. In addition, flares, wise havethe ability to recycle or compress gas cylinders are gen- dispose of their household haz- erally not collected as part of the ardous materials, such as the im- regular program. Residents will mobile, theelderly and disabled. be providedwithreferrals for un- The Door -to -Door program is also acceptable items. Copyright © 2010 Curbside Inc. 06/2010 Page 12 328 DOOR -TO -DOOR HOUSEHOLD HAZARDOUS WASTE OPERATIONAL PLAN Basic operation of the Curbside generally does not ac- the bag, once tied, it would be program:cept leaking containers; somevery difficultfor moisture, either exceptions aremade for used oil. rain or snow, to enter the bag. Unidentified materials will not be transported under the regular pro- Residents are told not to place gram.leaking containers into the kit. We ask consumers touse the original Commercial chemicals can be containers, many of whichcontain transported if the agreement re- childproof caps and other safety quires this. There is a supple- closure devices. Virtually all of mental fee.the material collected is provided in original containers, except for SAFETYAND HEALTH used oil, which is often placed into PROGRAM plastic milk jugs or otherplastic containers that can be sealed. Onepurpose of providing the kit Thelogic is that if the original con - bag and materials, in which resi- tainers weresafeenough to trans - dents aretoplace their HHW) is port the material originally, they to assist the resident in packaging are safe enough to transportthe the materials in a safe manner. material today. Other than the The bag is 4 -mil in thickness to collection of household hazardous prevent tearing. There is suffi- waste at home, the other alterna- cientexcess at the top so that the tivesare for the resident to pack - bag can easily be twisted and age the material, generally in tied.cardboard boxes, and transport the material to a one -day eventor Residentsareasked placethe kit a permanent center. in a secure location that willnot be subject to vandalism, tamper- The door -to -door program encour- ing by children or animals. Par- ages residents to take even more ticipants aretold that they shouldcare than theymight when prepar- NEVER underany circumstances; ing to carry materials to one -day leave the kit at thecurb or on a events or permanent centers. In public right of way.addition, the door -to -door collec- It would be difficult for a childtotion ofhazardousmaterials is gain access to the contents of the safer when left to trained profes- kit. The cable ties cannot be bro- sionals than to residents carrying ken by adultstrength without the itin their own cars. use of a sharp knifeor a largepair of scissors. Mostchildren do not The requirement that containers have access to either of these be sealed and not accepting leak- tools. Animals would have equal ing containers minimizes the 7 difficulty gainingaccess to the kit. chances of a reaction. The risks The plastic is tough enough to with sealed containers are no resist an animal attempting to greater than when the productschewthroughit. Most importantly, were originally purchased and the kit is placed outsideonly on brought home in the resident's car the day of collection, so it is not in the same shopping bag. left outside for several days. Be- Sharps if collected in this program cause ofthe size and strength ofmust be placedinto sealed plastic Copyright © 2010 Curbside Inc. 06/2010 Page 13 329 DOOR -TO -DOOR HOUSEHOLD HAZARDOUS WASTE OPERATIONAL PLAN Basic operation of the containers with no sharp ends Curbside has an agreement with program:protruding from the container. our workers compensation carrier Expired non - controlled medicines to use approved clinics in the pills and capsules only) must be event that an employee is injured. poured into a sealed zip -lock plas- The local clinic is Concentra lo- ticbaggie and placed into the kit cated at 740 Nordahl Road, Suite bag.117 in San Marcos, CA 92069. Their phone number is 760/432- Most importantly, all service tech- 9000. The clinic offersUrgent nicians that perform Door -to -Door Care in case of immediate atten- JR HHW collections for Curbside, Inc. tion is needed as well as their receivespecial household hazard- regularoccupational clinichours w.ous waste training. All trainingof 8 a.m. to 6:00 p.m. This infor- x includes an in depthclassroom mation is to be carried by employ- curriculum. Field training consists ees both on their personand in s of working with Experts in the the vehicle. In theevent they can ti trucks, on actual routes as well not locate one, they can contact as, chemicalwaste handling and the Curbsideofficefor assistance. discrimination. Curbside Cus- In addition, sample maps of the tomer Service Technicians all nearest emergency hospitals are have portable cellular phones for part of the attachments to this emergency use. Thisphone al- document. lows the service representatives immediate access to emergency response in the event of a prob- lem. Curbside Customer Service Technicians over time become extremely familiar with the proc- ess and waste materials. This fa- miliarity and the extensive training ensure that any possible health and safety contingency hasbeen taken into account and proce- dures established to effectively deal with it. Operating procedures will adapt to new information. Vehicles are equ pped with eye wash stations. In addition, should an employee spil something on their bodyor clothing thatwould cause a problem, they can change into a set of personal pro - tective clothing scch as Dupont's TyveK® clothing which is kept on the vehicle. Gloves andeye pro- tection are mandatory. Special puncture proof gloves are always used whenhandling sharps con- tainers. Steel toe! boots are re- quired of all CST's at all times. Copyright © 2010Curbside Inc. 06/2010 Page 14 330 DOOR -TO -DOOR HOUSEHOLDHAZARDOUS WASTE OPERATIONAL PLAN Basic operation of the TRAINING AND training. This position requires a program:PERSONNEL bachelor degree and experience in the hazardous waste industry. REQUIREMENTS Periodicrefresher training and Asmentioned in the previous sec- supplemental training is provided tion, Curbside representatives to all individuals whohandle haz-f k Trainin receivevarioustraining to comply ardouswaste and /or operate vehi- with D.O.T., OSHA and internal cles that transport hazardous standards. Curbside has devel- waste. Additional training is re- oped (with the cooperation of a ceived when sharps and expired large hazardous waste corpora- medicines are collected. tion) developed a comprehensive Curilsidr;cc•training manual to coverevery Due to the repetitive nature of the aspect of the job for Curbside waste collected, CST's become Customer service technicians.expert in the collection and pack- ing of HHW after only a few short All Curbside employees must un- months of work. After 90 days, dergoHAZWOPEi2 certification. virtually all waste types collected In addition, theyreceive 40 hourswillhave been collectedmany ofclassroom trairing using the times before. After about 60 manual described above. Key days, it would be a rare case that aspects of the jot. are chemical a material availablefor collection discrimination andthe proper could not be identified by a Curb - transportation of the waste andside Customer Service Techni- D.O.T. requirements. In addition, cian. training is received on how to work with residents.Copies of training records for Curbside CustomerService per - All Curbsideemployees must un- sonnel areto be kept in the truck. dergo a pre - employment physical Original training records are main - and obtain a hazmat endorsement tained by Curbside's Vice Presi- on their driver's license before dent of Operations. they are allowed to transport RCRA type materials. Employees DISPOSAL And must submit to random drug RECYCLING screening. Due to thenature of the waste collected, any em- It hasbeen Curbside's policy to ployee found to bE: in possession offer recycling first, treatment andofillegalsubstanceswillbetermi- incinerationsecond and, only ifHatedimmediately.there is no other reasonable tech - The use ofalcoholor legal sub- nology available, to landfill last. stances in excess is grounds for Materials, which are not currentlysuspensionandcounselingor recyclable, such as insecticides,termination. Vehicle operators and pesticides, will be destruc-must have clean driving records tively incinerated. All facilitiesthatwhentheyarehired. accept waste are required by ThecompanyVicePresident of Curbside to maintainstate and /or Operations is responsible for federal permits for the processing Copyright © 2010 Curbside Inc. 06/2010 Page 15 331 DOOR -TO -DOOR HOUSEHOLD HAZARDOUS WASTE OPERATIONAL PLAN Basic operation of the or recycling /disposed of the materi- program:als that they accept.The specific destinations for waste are listed in an addendum Extreme carewill be taken to to this document and are subject document the movement of mate- to change withadvance notifica- rials from the pointof collection tion. from the homeowner to thefinal recycling destination. Areceipt RECORD KEEPING form is created for each home at MANIFESTS /RECEIPTSthetimeofcollecticn. Thisdata is entered into Curbside's database Route Sheet: Thefirstdocumenttoprovidereportstoclientjurisdic- tions.to be prepared is a routesheet which lists the names and ad- Hazardous waste is collected and dresses of each home that is transported to a transfer facility scheduled for a collection. This where it is storec for up to 10 document is provided to the CST days before it is moved to a TSDF prior to the start of work. In the for processing. Non - hazardous event that a non - scheduled resi- waste destined for recycling is dent stops a CST during the day stored until there: is sufficient and waste is collected fromthat quantity to ship.person, their name and address is manually entered on the route RCRA type hazardous waste is sheet. shippedfrom the transfer facility under a uniform hazardous waste Collection Receipts: A colle- manifest listing the public agen- tion receipt is prepared for each ties EPA ID number.home. Waste collected from the home is entered on the receipt by Non - hazardous waste (universal waste category. The number of waste included) is shipped ona containers, the total volume that bill of lading. Used oil and anti- the containerscould hold if full freeze areshipped on a consoli- (liquid only) orthe approximate dated manifest.weight of the container (solid ma- terial) taken from the container The collection of sharps are label in entered on the form. This shippedto a medical waste treat- form can help to locate a specific ment facility and reported to DHS item collected from a specific on a quarterly basis.home in a specific city. These forms remain withthe vehicle as Curbside maintains detail in its long asthe waste remains on the computerdatabase of all materi- vehicle. Atthe time the waste is als collected from all participants. removed, the forms aresent to In theory the quantities listed fromthe Curbside Inc officewhere the the individual collection docu- quantities of collected waste are ments will matchshipping docu- entered into the residents' com- ments. There will be rounding puter record. errors, weight estimates may not match exactly and shipment dates Receipts: Universal waste is willnot exactly (-orrespond withshipped from the transfer station collection dates.under a non - hazardouswaste Copyright © 2010 Curbside Inc. 06/2010 Page 16 332 DOOR -TO -DOOR HOUSEHOLDHAZARDOUS WASTE OPERATIONALPLAN Basic operation of the manifest/receipt. These docu-lected. program:ments indicate that the waste origi- nated at a home. The documents At the end of each month, summa - are created when the waste is con- ries of collections are sent to the solidated and shipped for further city. Acopy of all receipts will be processing. Copies of these docu- kept by the sponsoringagencyfor ments are retained by the sponsor- a period of three years. ing agency and Curbside Inc. for at least three years, perHSC Section 25218.5 (e) (3). Container labels: Each container contains a fully descriptive label. In the casethat waste collected from homes in more than one city HOUSEHOLD HAZARDOUS WASTE areplaced into - :he same con -FLAMMABLE LIQUID, TOXIC N.O.S., 0, UN 1992, FOR tainer, the percentage of waste inIvatnoL¢uY dnnLUiea, eoxpuq the container from each city is notedonthe label. The container labels (see attached) are designed to record waste collected from more than one jLrisdiction. The percentage ofwaste by jurisdictionmuxuanFnEauuTmsrmea.Er. any rox"mancw`w E is indicated on the label. This dataINCASEOFEMERGENCYCALLI -000.466 - 1760(24 HOURS)Is used t cr manifests by ju- risdiction. Uniform hazardous waste mani- fests: These documents are used to ship hazardous waste. Materi- als that are required to be shipped under a UHWM are consolidated and shipped within 10 days of be- ing removed fromthe collection vehicle to a TSDF. The EPA ID number of the city will be listed on the UHWM as required by law since thecity is the generator of record and accepts responsibility for the waste. Theprocedure for handling manifests for multiple jurisdictions is as follows: Manifest(s) are prepared for wastecollected in each juris- diction. The "jurisdictions EPA ID number will appear on the document. Manifests are prepared as the first waste stream item is col - Copyright © 2010 Curbside Inc. 06/2010 Page 17 333 DOOR -TO -DOOR HOUSEHOLD HAZARDOUS WASTE OPERATIONALPLAN Basic operation of the ELECTRONICS program: Curbside is listed with DTSC and CIWMB as a handlerof electronics. Curbside will collectvirtually any electricalor electronic item for recy- cling. Thisincludesnot only glass products but toaslers, microwave ovens, etc. Collection of E -waste is similar to the HHW collection pro- gram in thatparticipants call for a scheduled collection. TV's, com- puter monitors and otherglass items are tagged a': thetime of col- lection with a bar code. A copy of the bar code is placed on the collec- tion form. The purpose is to be able to assure clients that these regu- lated items will be recycled. 100% of electronic waste collected t' by Curbside is dE;stined for recy- cling. Destinations are I sted on the at- tachment. E -waste is transported in a manner that will prevent break- age. CST's have receivedtraining in the proper handling of E- waste. E -waste is consolidated at our facil- ity for shipment to statecertified recycling facilities. R Copyright © 2010 Curbside Inc. 06/2010 Page 18 334 DOOR -TO -DOOR HOUSEHOLD HAZARDOUS WASTE OPERATIONAL PLAN Contingency Plan,CONTINGENCY PLAN EMERGENCY Emergency Procedures PROCEDURES AND and Equipment,The requirement for a contingency EQUIPMENT Preparedness and plan exists for permanent facili- Prevention Plan ties. This plan has been devel- oped to comply withTitle 22. Divi- All Curbside Inc. employees are sion 4.5, Chapter 5, Article 4, Sec- trainedregarding procedures to tions 66265.50 through 66265.56. follow should there be a spill on the vehicle. Copies of health and Acopyofthis document shall re- accident emergency numbers are mainon each Curbside Inc. vehi- required to be carried byeach cle.CST in their wallets and are posted inside each collection vehi- Curbside's plan is not to collect cle. wastethat can not be managed within the capabilities of person- Due to the nature of this program, nel, and vehicles assigned thatproceduresfocus on the likely specific day. In the event that events that can occurwhile the weatherorsome other issue pre- waste is being collected, trans - vents a collection to occur, sched- ported and unloaded. All CST's uled participants will be contacted shall maintain a working cell by hotlineoperators and provided Phone withthe vehicle. withnew collection dates. A spill kit is placed on each truck. Additional drums and other con- This kit contains absorbent mate - tainers are placed on the vehicles rials, broom, shovel, container to ensure that all waste can be and personal protective equip - properly packaged. In the event ment. If a spill is small, the CST thatmore waste is placed for col- is instructed to clean it up. If the lection than can be accommo- spill is larger than can be handled dated safely in t , )e vehicle, the by the CST, they are to call the vehicle will return to the Curbside office immediately for assistance. facility, unload and returnor the Another CST will be dispatched to resident will be informedthat they assist. must hold the waste until it can be safely collected.Should a spill contain significant quantities of hazardous material Should a vehicle; become dis- or if any material enters a storm abled, another vehicle will be drain or similar channel, the CST used it it's place. If necessary, willcall the main office (888) 449 - residents will be called by thecall 3733. Atthat point, Curbside will center and informed that their col- notify the city, call 911 and call the lection date must lierescheduled. Governors office of Emergency Services (800) 852 -7550. The on -site coordinator will be the vehicle operator. The offsite coor- Veolia Environmental Services will dinator will beMike Gayer, 303- be called for emergency response 359 -9094, Curbside's Vice Presi- (800- 688 -4005) if a significant dent of Operations.quantity of material, greater than can be managed by the onsite CST. (Curbside Inc. has a rela- tionsh with Ve Copyright © 2010 Curbside Inc. 06/2010 Page 19 335 DOOR -TO -DOOR HOUSEHOLDHAZARDOUS WASTE OPERATIONAL PLAN Contingency Plan Every effort will be made by the lowed by a reactionbetween ma- Emergency Procedures CST within the bounds of good terials stored on the vehicle. To and Equipment,sense and safety training to miti- prevent material from leaking from gate the incident immediately.the collection vehicle, CurbsidePreparednessandhasfitted (on Curbside owned Prevention Plan The CST / emergencycoordinator vehicles) trucks with secondary will, in theevent of a spill, record floors thatcontain a leak -proof for authorities thE. approximate barrier. The only way material quantity and type of waste re- can leak from a truck is through leased. The CST will note any the back door. To prevent this, a other aspects of the event that boom is laid just insidethe back need to be communicated to door. emergency response personnel including any and all potentialMost containers are drums. Open risks to humanhealthand the en- top drums have a rubber sealand vironment.thedrums are tightenedwith a wrench to ensure that they seal Vehicles are equipped with the properly. Drums are strapped to following materials for decontami- the wall of the vehicle using a -trak nation and spill clean- systems. If the vehicle is involved up /containment:in an accident, itis unlikely that the drums will open. Any spillage Eye wash station.inside the truck will be contained Gloves by the flooring and booms. Puncture resistant gloves Tyvek® suits To prevent reactions, waste is Safety - glasses separated into differentcontainers Industrial wet wipes baseduponhazard class and Granular absorbent compatibility. CST's receive Respirator chemicaldiscrimination training. Broom If a CST has any questions, they Flat shovel can call Curbside's operations manager (303- 359 - 9094). When Empty containers in doubt, CST's are to leave the Cell phone waste behind. Booms CST's areinstructed not to park PREPAREDNESS AND vehicles near the entrance to a PREVENTION PLAN storm drain. When bulking oil in- side the vehicle, they are to en- ure that it is parked on levels Curbside has an agreement with ground and that there are noVeoliaEnvironmentalServicestostormdrainsordirtunderor manage large Emergency re- around the truck. A boom is to be spouse situations.placedaround the drum to contain Based upon our assessment of any spillage. potential risks associated with this program, we have determined that materialleaking from a vehicle wouldposethe greatest risk fol- Copyright © 2010 Curbside Inc. 06/2010 Page 20 336 DOOR -TO -DOOR HOUSEHOLD HAZARDOUS WASTE OPERATIONAL PLAN Contingency Plan,CURBSIDE TRANSFER Curbside Inc. and the business Emergency Procedures FACILITY entity. A separate hazardous and Equipment,wastemanifest is created (if re- Waste collected by Curbside quired) and hazardous waste isPreparednessand Inc. will be transferred to the not commingled with any waste Prevention Plan Curbside transfer facility listed collected from public agency on the attached destination facil- sponsored programs. ity listing. Waste is removed from vehicles and stored at the transfer facility for up to ten days. At that point the hazardouswaste is trans- ported by Curbside Inc., or an- other registered hazardous waste transporter to a TSDF. gL___ Used oil is bulked on the vehi- cles. The full drums are re- moved and weekly a registered used oil hauler will suck out the drums. On occasion antifrE:eze is bulked on the truck and sucked out in the transferfacility by a regis- tered transporter. No hazardous waste is treated or decanted in the transfer facil- ity. Waste is stored in the facility in accordance withlocal codes. Medical waste (sharps) are re- moved fromthe Curbside vehi- cle at the end of the day and shipped from the Curbside facil- ity within the prescribedtime limit. BUSINESS WASTE Business waste willnot be col- lected as part of any public agency program. Business waste collected by Curbside Inc. is done as an activity between Copyright © 2010 Curbside Inc. 06/2010 Page 21 337 L Regional Medical 1 r Center of San Jose search n Regional Medical Center for GO Dedicated To Your Wrll Being. Patients & Visitors Key services Community Info Find A Physician Fend A Career enters of xcellence ertified Strcke Street Map to Regional enter emergency /Trauma I Ca,"ous Mao I ardiovascular I Par'arg iervices Re Medical iurgical Services r Center of San Jose Search Regional Medical Center for GO1 ealth References Dedicated To !bur Well Bring. Please Choose •- Patients & Nrmitom Key serviczs Community Info Find A Physician Find A Career Centers of Ber essa Rd. Excellence Maps and Directions ry Certified Stroke Google Map Q Center 0/ Lrde Rack y yG/cnrst tj0EmergentTrauma LaPala CardiovasC:.:Ga;e•aew motor Sa rhpRouge Ro- ral Ncd7a1 tC efVlCes l r Cmicrof yn Irae V Surgical Services re _ Easlside McKee Rd. Health References k syu MAI Batlera Qi Please Choose --rya FJ atleLra Alum Rock Erush Glen,;i Y low U s Lnr_o•a Alezarder. DWfet C[Game. Fa t Cenytary 710 f r Florence; ose F-.guares-Nancy Rancho Verne Lu 0 1 a Pima 110 Sr_ra Y 'Ndbur f Map data 02010 Goode - View Laroer Map Tully Rd.I Street Mao I a I RegionalCamouc_ Man I CapitolEXQtes I Parkin I Our hospital is under construction. We apologizefor the inconvenience. Please click on the Parking link above for areas to park. These areas will change as our hospital grows. Driving Directions Regional Medical Center of San If you are coming south on 101: lose 225 North Jackson Avenue Take the McKee/Julian exit. San Jose, CA 95116 This leads to a signaled Intersection. Telephone: (406) 259 -5000 Turn right on McKee, whichputs you heading east. N•wgrnom Take McKee to Jackson Avenue. You can see RMCSJ on your right. Turn right on Jackson Avenue and take either entrance to thehospital for parking. If you are coming north on 101: Take the McKee Road exit. Turn right on McKee Road, which puts you heading east. Take McKee to Jackson Avenue. You can see RMCSJ on your right. Turn right on Jackson Avenue and take either entrance to the hospital for parking. If you are comingsouth on 680: Take the McKee Road exit. This feeds you right onto McKee Road. Quickly, but safely, move into the left lanesfor the first signaled intersection, the comer of Jackson Avenue and McKee Road. You cansee RMCSJ on your left. Turn left on Jackson Avenue and take either entrance to the hospitalfor parking. If you are coming from 280 South: At the intersection with 101, 280 South becomes 680 North. Take the Jackson Avenue exit. Turn left on Jackson Avenue. Proceed north on Jackson Avenue. You will seeRMCSJ on your left before the intersection of Jackson Avenue and McKee Road. Take either entrance to the hospital for parking. If you are coming north on 17: Take 17 North to 280 South. Follow directions immediately above for 280 South. If you are coming south on 171880: Take171880 South to 101 South. Follow the first set of directions above for 101 South. 338 hospital in Santa Clara, California I MapQuest llttp: / /www.mapquest.com/maps ?city =Santa +Clara &state =CA &cat =ho... MTAPE'S Sorry! When printing directlyfrom the browser yourdirections or map may not print correctly. Forbest results, try clicking the Printer - Friendly button. 1 Permenente Medical Grp 2 O'Connor Hospital 900 Kiely Blvd, Santa Clara, CA 2105 Forest Ave, San Jose, CA 408) 236 -5076 408) 947 -2500 3 Santa Clara Medical Center 4 Agnevvs Developmental Center 700 Lawrence Expy, Santa Clara, CA 3500Zanker Rd, San Jose, CA 408) 851 -1000 408) 432 -0942 5 Healthsouth Forest Surgery Center 6 Forever Medical Center 2110 Forest Ave # F, San Jose, CA 1630 Oakland Rd # A202, San Jose, CA 408) 297 -3432 408) 452 -7968 7 Regional Medical Ctr -San Jose g Ell Camino Hospital 225 N Jackson Ave, San Jose, CA 2500 Grant Rd, Mountain View, CA 408) 259 -5000 650) 940 -7000 9 Mountain View Healthcare Center 1fl Crestwood Manor 2530 Solace PI, Mountain View, CA 1425 Fruitdale Ave, San Jose, CA 650) 961 -6161 408) 275 -1010 3.100 ft 4 96Q0 ft Alviso Mil Has 237 aa`S P,,e t•' 237Fr Moun ain View os Hills Sunnyvale 7 o ,I f Santa` F 871 SAN J SE s Cup t 851;.Tully pd i mpbell a % fMAD,QWEST Sara o y 0 2' fyAVT Intermap Directions and maps are informational only. We make no warranties on the accuracy of their content, road conditions or route usabilityor expeditiousness. You assume all risk of use. MapQuest and its suppliers shall not be liable to you for any loss or delay resulting from your use of MapQuest 1 of 6/23/2010 5:38 PM 339 Map of Permenente Medical Grp in 900 Kiely Blvd Santa Clara, Califo... http: / /www.mapquest.com/maps? name= Permenente +Medical +Grp &ci... M AP OU E'ST Sorry! When printing directly thE browser your directions or map may not print correctly . For best results, clicking the Printer - Friend button. 40 Permenente Medical Grp 900 Kiely Blvd Santa Clara, CA 95051 408) 236 -5076 200 m 600 ft m w m nOrtheltoWay C Susan f>i Y C^ ef'oYa e m p o H., Ave Humbc,t A.a m D v Kay Dr 9 r Benton St Ui in Arena Or at m o Pie lu2yvlard Of e G cs Rose Way r D O K wren Dr o Z y E Rus,%cDr cerxtr3fF'" Kaiser or P3 Q(il t a 3 t Lcchinvar Ave 0 Bond-PI Ad('r v cat e --ead Rd pt O GlteT. (] P e\ Ala+a ^tee+ l n>•N n Q,L 5ta 4 T CG Ryan A%e r1edo O c 0 45 G 1-. w r c U3 y F tb FOto a c 9 r ca c eta -soy m 4 Z S xyG 3t e U1lingOr cMAPQNEST, o`2 Fq•bes.5t•e rte^ r 2010: MapQuest PortlonQ©2010NfVE0 Directions and maps are informational only. We makeno warranties on the accuracyof their content, road conditions or route usability or e)q)edibousness. You assume all risk of use. MapQuest and its suppliers shall not beliable to you for any loss or delay resulting from your use of MapQuest 1 of 1 6/23/2010 5:35 PM 340 09/16/2009 16:23 FAX tpj vv r, VV t 1 Depart.m nt of TonicOubstancos Control Linda S. Adams Maziar Movassaghi Arnold Schwarzanagger Secretary for Acting pirectvr Governor Environmental Protection 8800 Gal Center Drive Sacramento, California 55826 -3200 HAZARDOUS WASTE TRANSPORTER REGISTRATION*** NAME AND ADDRESS OFREGISTERED TRANSPORTER: CURBSIDE, INC. 500 SOUTH JEFFERSON STREET PLACENTIA, CA 92870 TRANSPORTER REGISTRATION NO.: 352E EXPIRATION DATE: SEPTEMBER S0, 2010 THIS IS TO CERTIFY THAT THE FIRM NAMED ABOVE IS DULY REGISTERED TO I TRANSPORT HAZARDOUS WASTE IN THE. STATE OF CALIFORNIA IN ACCORDANCEWITHTHE PROVISIONSOF CHAPTER 5.5, DIVISION 20 OF THE HEALTH AND SAFETY CODE AND TITLE 22 OF THE CALIFORNIA CODE OF REGULATIONS, DIVISION 4.5, THIS REGISTRATIONCERTIFICATE MUST BE CARRIED WITH EACH SHIPMENT OF HAZARDOUS WASTE. FOR REGISTRATION INFORMATION, PLEASECALL (916) 440 -7145. G AUTHORIZED SIGNATURE) SEP 16 2063 DATE) i r i Printed on Recycled Paper 341 DATE (MWDDIYYYY)1 °CERTIFICATE OF LIABILITY INSURANCE 8/21/2009 PRODUCER 949) 851 -8800 FAX: 949) 851 -8802 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SM Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR lc. #01315612 ALTER THE COVERAGE AFFORDEDBY THEPOLICIES BELOW. 30 Corporate Park #307 Irvine CA 92606 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER Wautilui Ins Co Curbside, Inc.INSURERBICreat Divide Ins Co 500 S. Jefferson wsURERC: INSURER D: Placent' a CA 92870 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEENISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATEMAY BE ISSUED OR MAYPERTAIN, THEINSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREII4 IS SUBJECT TO ALL`THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. AGGREGATE OMITS SHOWN MAY HAVEBEEN REDUCED BY PAID CLAIMS. INSR ADWI. POLICYNUMBER POLI(YEFFECTIVE U YEXOPIITI lIMRSRANE GENERAL LIABILITY EACH OCCURRENCE S 1 000 TO RENTED X COMMERCIALGENFJiALLIABILITY DAMA ISES aaccurre 100,000 A CLAIMS MADE X OCCUR ICPO 020D181 -12 8/2:3/2009 8/23/2010 MEDEXP An one person) 5, 000NPERSONAL & AOV INJURY 11099 JQ00 GENERAL AGGREGATE S 2 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS- COMP/OPAGG S 2,000,000 X POILICY P O LOC AUTOMOBILE LIABILITY COMBIidenED SINGLE LIMIT 1,000,000XANYAUTO 13 ALL OWNED AUTOS P0200182 -12 8/2:3/2009 8/23/2010 BODILY INJURY SCHEDULED AUTOS Per person) X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS Per accIdent) Camp & Coll Dad.PROPERTY DAMAGE 2,000 Peracddent) GARAGE LIABILITY AUTO ONLY • EA ACCIDENT $ ANYAUTO OTHER THAN EA ACC $ AUTO ONLY:AGG S EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE OCCUR CLAIMS MADE AGGREGATE S DEDUCTIBLE RETENTION S B WORKERS COMPENSATION X I AY LATU- OTH- AND EMPLOYERS' LIABILITY ANY PRCPRIErOWPARTNEPJEXECUTIVE YIN EL EACH ACCIDENT 1,000, CFECERIMEM13ER EXCLUDED? Mandatory In NH)CA1512397 -10 8/23/2009 8/23/2010 E.LDISEASE - EAEMPLOYE S 1 ,000,000 If yyees deecnTlaUnder SPECAL PROVISIONS beow E.L. DISEASE • POLICY LIMIT 1 1,000,000 A OTHER Contractors CPO 0200181 - 12 8/2 8/23/2010 Each ocaurrenca 1,000,000 Polluti Aggzagate 2,000,000 DESCRIPTIONOFOPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Except 10 day notice for nonpayment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBEDPOLICIES BE CANCELLED BEFORE THE EXPIRATION Sample Certificate DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Proof Of Insurance NOTICETOTHEcERTIFlCATEHOLDERNAMEDTOTHELEFT .BUTFAILURETODO50SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTSOR RI'PRESENTATIVES. AUTHORIZED REPRESENTATIVE, rr Joy Folse /JLF ACORD 25 (2009101)1988 -2009 ACORD CORPORATION. All rights reserved. INS025 (200581)TheACORD name and logo are rlagistered marks of ACORD 342 WASTE DESTINATIONS Northern California STREAM METHOD TSDF FACILITY EPA ID OPERATOR UniversalWaste Latex paint recycle 4785 Elati Street Denver CO 80216 Curbside Inc.COR 000 206 573 Auto batteries recycle 10892 Forbes Garden Grove CA Interstate Batteries WA Household batteries recvcle 1314 N. Anaheim Blvd. , AnaheimCA 92801 Kinsbursky Bros CAD 088 504 881 Used oil recycle 13579 Whittram Ave. Fontana CA 92335 AdvancedEnvironmental CAT 080 025 711 Used antifreeze recycle 2000 N. Alameda St. Compton, CA 90222 Demenno & Kerdoon CAT 080 013 352 Usedoil filters recycle 2035 E. 15th Street Los Angeles, CA 90021 Commercial Filter Rec clers N/A Gas Cylinders recycle 692 N. Cypress St. Unit "B" AnaheimCA92867 Universal Cylinder N/A Fluorescent Lams recycle 10888 San Sevaine Way, Unit "D" Mira Loma CA 917652 Waste Mana ement N/A Non - hazardous -other other 2844 W. Broadway Rd. , Phoenix AZ 85041 Envirosolve -PHX WA Hazardous Waste One of two destinations Flammable recycle 2844 W. Broadway Rd. , Phoenix AZ 85041 Envirosolve - PHX AZR 000035 840 Flammable recycle 11855 White Rock Road Rancho Cordova CA95742 General Environmental Management, LLC CAD 980 884183 Combustable recycle 2844 W. Broadway Rd. , Phoenix AZ 85041 Envirosolve - PHX AZR 000 035 840 Combustable recycle 11855 White Rock Road Rancho Cordova CA95742 General Environmental Manag LLC CAD 980 884 183 Dnionna.i....i.....N..nQAA 1A/ 0- .....J....... MA - --- i.. Al ocn AA PHX nnn n.. n.n t VJVY I LI IVII VJUIVC -AZR 000 035 840 Poisons incinerate 11855 White Rock Road Rancho CordovaCA 95742 General Environmental Management, LLC CAD 980 884 183 Reactives incinerate 2844 W. Broadway Rd. , Phoenix AZ 85041 Envirosolve - PHX AZR 000 035 840 Reactives incinerate 11855 White Rock Road Rancho CordovaCA 95742 General Environmental Management, LLC CAD 980 884183 Corrosives treatment 2844 W. Broadway Rd. , Phoenix AZ 85041 Envirosolve - PHX AZR 000 035 840 Corrosives treatment 11855 White Rock Road Rancho CordovaCA 95742 General Environmental Management LLC CAD 980 884183 Bases / Acids treatment 2844 W. Broadway Rd. , Phoenix AZ 85041 Envirosolve - PHX AZR 000 035 840 Bases / Acids treatment 11855 White Rock Road RanchoCordova CA95742 General Environmental Management, LLC CAD 980 884 183 Oxidizers incinerate 2844 W. Broadway Rd. , Phoenix AZ 85041 Envirosolve - PHX AZR 000 035 840 Oxidizers incinerate 11855 White Rock Road Rancho Cordova CA 95742 General Environmental Management, LLC CAD 980 884183 Other non-recyclable various 2844 W. Broadway Rd. , Phoenix AZ 85041 Envirosolve - PHX AZR 000 035 840 Other non-recyclable various 11855 White Rock Road Rancho Cordova CA 95742 General Environmental Management, LLC CAD 980 884183 Miscellaneous Electronics recycle 31775 Hayman Ave. Hayward, CA 94545 E -Recycling N/A Sharps incinerate 4144 E. Terese Avenue Fresno CA 93727 Daniels Shar smart N/A Sharps incinerate 1390 E. Commercial Road Reno NV 89512 Waste Management N/A Non - Controlled Pharmaceuticals-Dry incinerate 1420 -40th StreetNW Faro North Dakota 58102 Healthcare Environmental Services Inc.N/A TSDFs have indemnified Curbside Inc. and are insured to meet State requirementsfor the services they offer. 0/23110 4:40 PM 343 HOUSEHOLDHAZARDOUSWASTE COLLECTION L INVENTORY RECEIPT@ Program participants who make a payment should consider this document their receipt. Curbside Inc. * 500 South Jefferson St. * Placentia, CA * 92870 * Phone: 800 - 449 -7587 CSR Date NAME PHONE Co -Pay (if any) $Check # ADDRESS CITY STATE zi P Excessive Mat. Fee $Check # Units must conformto listed (convert if necessary.) WASTE MATERIAL I # CONTAINERS I UOM TOTAL MEASURE I CSR COMMENTS Acid - Liquid G Acid - Solid P Aerosols P Antifreeze G Base - Liquid G Base - Solid P Batteries - Household P Batteries - Lead Acid P Batteries - Recyclable P Filters - Vehicle P Flammable - Liquid G Flammable - -Solid P Fluorescent Tubes FT Gas Cylinder G Lamps - Other P Paint - Latex G Mercury Compound P Mercury Devices P Motor Oil /Lubricants G Non RCRA - Liquid G Non RCRA - Solid P Other 1 - Liquid G Other 2 - Solid P Oxidizer - Liquid G Oxidizer -Solid P Paint Related G Pesticide - Liquid G Pesticide - Solid P Pharmaceuticals P Sharps P Toxic - Liquid G Toxic - Solid P MANN MAN.#MAN.#MAN.#MAN.#MAN.#MAN.# White: Curbside Canary: Client Pink: Resident HHWF34 -18 -08) MAN# = UHWM numbers to transport this material 344 V Residential Door -to -Door Program ScheduledCollections er PIA -ua D- -Ie: 11,'L'-1NIC4 Group Cade City Xstreet Address Apt4 LastName Gallons Vanes Charge Phane by Code DENS' lritiernnteslxlasr DENVER Downing St 1081 S - OLARKSON ST Brauer 0 Sk4s;p, -i Avi mve {( 11rpSn rtpr. ,r,: } PanL SG.CQ 3139710605 E,720£ HollyfFlorida 1304 S HUDSON ST Laselle 0 Ant;' -vrrm P.9 S:zw-"f 1 17 L,tf 40.00 3-3375310 TO M UniversitylLvaisiana 1365 S JOSEPHINE ST 5tanzione Q Pnir!. em ars, bartsie3 1174M-0.63 3037772862 8 210 LouisianalFederal 1366 S CANOSA GT Hall 0 Fair !. Aa *asiva. GaMTrrrg Foe' t Sr'00.00 3039379 =73 80219 EvanrdBroadway 1646 S SHERMA N ST Osias 0 Paint, Crsaraa, r.t r 7179 - Ulf 7,90 3037:33168.0 Evarrs4twell 9901 S DAHLIA ST Currier 0 RESCHEDULED r.501.1 f Cti -t4 ,trcf!•. -;t,0.00 80222 3. if: rra2 ?, 1.1Of0 dSR.T..T•el,!T 4`Y'i ,t?.lfy t :033 r`3L`3. 77$• 11E- 463!r!M CcloradoiMh Avc 2500 GIRCH ST 9liidgcrg 0 25.-.5' Patr,: 3,'376 !Alb!SD.OI} 303.0550433 P-0207 ColoradoNale 27+01 S GARFIELD ST Schlen.ig 0 25 Ll-* Paint I)7343,i.W SQ.00 30$532.5529 80210 SherldardDartmaulh 2895 S IIALEIGH ST Bisch 0 25 zz Pamr t ira"56 XM4 SC..CO 20393 .57092 B 23 UnlversityiCornell 3000 S 'TINE ST Thomas t} e5 ins Fakir 117347 50.63 3:337229028 8CQ10 T1rrrtdas, .Von tuber 13, 30U'4I Page I of 2 Report produced by Curbside, Inc.cualeco1101345 Photos of the HHW Kit and Components Kit filled with materials Kits filled at garage Supplied labels on paint can 4 V A irY i E Supplied MOTOROIL labels placed in MOTOR OIL kit PAINT: Latex ---Oil PAINT: Latex ---Oil 4 SOLVENTITHINNER Close Of bag TN. TAt.IA 1. securely tied TI mrbr191r: Z.. .va. Th1{ mAM1M 1M: TXr —1W W TnnInAw1a n: Front and back of instruction sheet Participant survey n..A• +ua..Wr «r....: t.a nv H =n].s.r.« MIMMNUIoNAMNAYI to uatlLM Ntt fta9 POBram: How To PnpAn For Your HHW and ENcuonies.19CUO"1 °Y'K^'rO1 '"P9 "Otl b FY.w,.tlY «war. r M]..r tr.AV<ry— d,ma.b.wwra.p deM [ AIr1Aar lre naa mr.ld mw..a.. rY M..ywM<w.y rrpwwwwyr.wwrlvMM.. r.r<rw. Wrq <rs<riw bcmbn pur br[re..tal vearvmWA tnr weprmMN bA wbtrmne.!1XN'YY.IXM.OIL\I. \RUOI'AN. \. i1. rM[X:K\!L vwb+ rewner .eatrafyn].argav<rn+N<r<rrr Nw<w+.arnw..aw.rt hfwrw+ru+<s bC.mYClM wbrYObMrr}.rPnbow Y:l mPra :A+.^rr *,MsM CUrbb Yi rlM<Yr..4p MU r+<,rre tl'. VRSbw.NItI<sM wm»M<gwlan rKrr rYM<feMitWXf an0 Yrw1M1N MKOSrSf INM1WrIMCgFYNNSINYCXIXMMYNYnM- n, r< Mnrlrr rwrwlu[CLy FgEErtrrlwlWPYYrr106rw]2IAYr.rr gwyT.FMVV. bA U1A fLMl r41 YIMll ArrbgnN WAr. Inr.rr +me. .TA, •.xn ..., rou n +.s iaAr.•laPM.nY.Mri.r.M r.,...•Mrr' :,.FNlT,IIELEIIrER YOYX COLI.ECTIDM DATCAVw rrwlrYA +Arww rMwerrretea r.m yegw[ wnr <rrsralYmw\p<r<a.uatltw.<MDa:I L r MISTPI D* _WCU5EM:011A2AN0.:9 WASTE a .....,. e.r =v..,.e.r...sr,. YAIERYLr EIKMrLEfOM COLLiCTGM WI en rswrl Awp rarer MU<Ietl nllnie4. rv<rr. R.S+CF 11+E ".I WT CYEr:u 1+E W. w.,......- ,...,.,.r u,rn.<Y.swrr<a.ra r..n..r,<n.<r +,r.r.rw.,.wtle<b.. w.r.l w<.w v ..«..wr rsm.s rM1Yrv1wle<e..rYr4'9 n<nArnnler<r,rwyrr rr P./r^ 1n Mtrrnw /.q rwn/<rr aA s M ONLYTHE DA6 PRONGED [Ct1 MAY U 4& WSf>£C061NiWdv L9td: i1ETE 1MONLE07 wn.. •••••. -w•`•A r•• wr n. tir .«.rra. A.r 1 O. DO >iOT CRAG ON GXA1 THE BAG a......_... ui...r Yer.r.v.IL PACK THE BAG VMERER NIL 5E :+lAGFDfOq COLLFiTYti AV -- ,EMES— yrww +./dr .. iCRCGCGNT Tl 0lR9'A iHG Aw' WN^•e lrAee YrTjrYr— TArl.rta. ben 4r pwl %Prr NnY<s..rYraMM YNOb AON ry tlrbF SMJDV.r.61C YwM <PrNrq MATEr1ALS MAT wr.L NOT W COLL wA.o nr e.r<r w.r<Y b W <. r..rr.. LIST a rvwc.i NpAr G[46" PDR CCl1iC[tGt r.. rwAero ...,....,.r«ro..1.....rr..<..xr <...r+.<.1.. rrA.. .m n+wn.1/.•.r<.aA » rr.. rnwwcar.<r<rrA..,w wwrAwrilrnrnr. MAw yr. rrw rA wr[r<Pr'Ar 41br Nran uouTTX1X COLLICWMlor: n.. ur. <+.X...r,r.lnu[[a.newl.rdre•.•w N'"1..+..r M. r Y.<.n.:rMrrtlrr.rea,...A[<rrMnrw r..,....r .,....., M TO PACK THE "a: I:AY \v.d 1A1J Sr TMYexAwweArrw MAAN .1M w4ee<ps,r<tl ..'M1MNmrb Nr [zaWme.k. f.1 'Arno NA [aree.r W •<PMeAw W YM l <bw r 1t1MA rlw ree N W 1 fiaer<re.<W rna XIMNrNAAl aer wrrAUUwMrr. w<n w Pw<1<u<rai lnrr ArAl eYAwe wArr<wrw Ara raw<1•rAnn wP raves rr r.tiArras.. rrrrr McNAND VOWNPOPYT TMB1M10NCOLJ.ECTIOMDAI:0Y r,r ...r a„r h.IM«[uws YlO,wrywr Mrr<tlm n }rrlr MYrrn lrYr M o1.Y rr. rw.r urrw w<r.wer<..r.. arlPlw e,rsrl.. r.enr rr< r[.wrA«..,wrn,.r r w[rA wA<.w n,Mnar ll Y .,r .<.nT Cnr1r naw+<ss. -'"P ..:, :: :.w<Mrr.arlrn. rl<etrwrArrr AOwerrarlr.r7rr.rrr rwwr 11 be.w Me nrAdraAwMrrr .Awnr <IwnsJ rA+N<. wrr wY. nr +.rn rw. ....... r... 11 4wr. rWn.^uw.r. <r11<Y rr YOUNOLl.0LP1/r01EANM YOREAICLr TN.l PR06MfM OR IWVSINOIOMAIAR001At AI LW.rr il.n<Nrr.<M <M.rr <1erlrlreMA W /$TEw OfNE11AL wfIT N`Mn '...[fN: _V AMD C(KM'AOIDENI)AL CIR K`YER7346 PROPER D.O.T. SHIPPING NAME FLAMMABLE LIQUID, TOXIC, N.O.S. PETROLEUM DISTILLATES, CHLORDANE) HAZARD 3, UN 1992, P. G.IICLASS NON - REGULATED WASTE HOUSEHOLD HAZARDOUS WASTE) THIS WASTE NOT REGULATEDBY THE U.S. ENVIRONMENTAL PROTECTION AGENCY 40CFR(RCRA) GENERAT INFORMATIO NAME AND ADDR AGENCY AGENCY AGENCY AGENCY EPA I.D. No.EPA I.D. No.EPA I.D. No.EPA I.D. No. CAH CAH CAH CAH DRUM ° /D:DRUM ° /D DRUM ° /D:DRUM ° /D: WIP #WIP #SNIP #WIP # ACCUMULATION START DATE:MANIFEST DOCUMENT NO.:APPROVAL CODEIDESCRIPTION IN CASE OF EMERGENCY CALL 1- 800 - 468 -1760 (24 HOURS)Drum Label L911 PROPER D.O.T. SHIPPING NAME FLAMMABLE LIQUID, TOXIC, N.O.S. PETROLEUM DISTILLATES, CHLORDANE) HAZARDCLASS 3, U N 1992, P. GAI NON - REGULATED WASTE HOUSEHOLD HAZARDOUS WASTE) THIS WASTE NOT REGULATEDBY THE U.S. ENVIRONMENTAL PROTECTION AGENCY 40CFR(RCRA) GENERAT INFORMATIO NAME AND ADDR AGENCY AGENCY AGENCY AGENCY EPA I.D. No.EPA I.D. No.EPA I.D. No.EPA I.D. No. CAH CAH CAH CAH DRUM %:DRUM %:DRUM %:DRUM %: WIP # nmf LL WIP #JVIP #WIP # ACCUMULATION START DATE:MANIFEST DOCUMENT NO.:APP 20VAL CODEIDESCRIPTION IN CASE OF EMERGENCY CALL 1- 800 - 468 -1760 (24 HOURS)Drum Label L911 347 CURBSIDE INC. TYPICALTRUCK SCHEMATIC CAB OF TRUCK 7.5' W I DTH AUTOMOTIVE BATTERIES 5 TO 30 GALLON CUBIC YARD DRUMS (PLASTIC) BOXFOR OEMPTY( 0-c CONTAIN =RS 0 x F- z wJ O 55 GALLON STEEL DRUMS 55 GALLON STEEL DRUMS SECURED TO E -TRACK AND TIGHT-SECURED TO E -TRACK AND TIGHT-ENED WITHSTRAPS 0 0 c ENED WITH STRAPS 0 c BACK DOOR OP TRUCK k + NOTE: ALL DRUMS ARE D.O.T. RATED. STEEL DRUMS ARE USED TO CONTAIN MOST MATERIALS. PLASTIC IS USED WHEN STEEL IS INAPPROPRIATE. DRUMS VAR`( IN SIZES. 348 RESOLUTION NO. 10-097 A RESOLUTION OF THE CITY OF CUPERTINO APPROVING AND AUTHORIZING EXECUTION OF A FRANCHISE AGREEMENT BETWEEN THE CITY OF CUPERTINO AND RECOLOGY CUPERTINO WHEREAS, the City Council of the City of Cupertino is committed to recycling and diversion and regulates the collection, reuse and disposal of recyclables, compostable materials, demolition and construction debris and garbage to protect the physical health and safety of its inhabitants; and, WHEREAS, the City is acting under clearly expressed policies of the State of California empoweringCities to regulate the collection, reuse and disposal of recyclables, compostable materials and garbage; and, WHEREAS, the City and Franchisee desire to enter into a FranchiseAgreement for the collection and processing of recyclable and compostable materials, and the collection and disposal of garbage generated in City: NOW, THEREFORE, the City Council of the C ity of Cupertino resolves as follows: 1.Public interest and the physical health and safety of its inhabitants require City to enter into the Agreement described above. 2.The City Council hereby approves the Franchise Agreement between the City of Cupertino and RecologyCupertino for the Collection and Processing of Recyclable and Compostable Materials, andthe Collection and Disposal of Garbage andthe Mayor is hereby authorized on behalf of the City to executethe Agreement between City and Recology Cupertino. PASSED AND ADOPTED atthe regularmeeting of the City Council of the City of Cupertino this I r day of May 2010, by the following vote: Vote Members of the City Council AYES:Wang, Wong, Chang, Mahoney, Santoro NOES:None ABSENT:None ABSTAIN:None ATTEST:APPROVED: Cety Clerk ayor, City of Cupertino 3 349 Franchise Agreement between the Cityof Cupertino and Recology Cupertino for r Collection and Processing of Recyclable and Compostable Materials, and the Collection and Disposal of Garbage I This Franchise Agreement ("Agreement'D for Collection andProcessing of Recyclable and Compostable Materials, and the Collection and Disposal of Garbage is made and entered into this 18 day of May, 2010 by and betweenthe City of Cupertino, a municipal corporation of the State of California ( "City ") and Recology Cupertino, a California corporation ("Franchisee "). RECITALS A. The effective and orderly handling of Garbage is an essential component of public safety and health. Balancedregional Waste Management and planning must be maintained and developed so as to safeguard publichealth, optimize the use of limited natural resources and insure the efficient and orderly collection and processing of Recyclable and Compostable Materials and proper collection and disposal of Garbage. B. It is desirable that the public recognize its ultimate responsibility to reduce, recycle and dispose of all wastes in an environmentally sound manner and that collection anddisposal rates must be established at Ievels which are commensurate with thecost of carrying out that responsibility. C. Pursuant to powers expressly granted to cities and counties in Article Xi, Section 7 of the California Constitution, and also set forth in California Public ResourceCode Sections 40059 and 49300, City has the authority within its jurisdiction toregulate the handling of Garbage. City accordingly enters into this Agreement pursuant to the above authority and pursuant to City Municipal Code, Title 6, Chapter 6.24, section 6.24.010. D. The City and Franchisee have agreed to a goal of 75% diversion of allmaterialscollected by Franchisee within four years under the terms of this Agreement. E. Franchisee is the current exclusivefranchisee in City for solid waste and residential recyclable materials collection pursuant to the LOS ALTOS GARBAGE COMPANY FRANCHISE AGREEMENT dated December 4, 1995, as amended (the "Prior Franchise Agreement"). F.The parties have met and agreed to modify variousprovisions of the Prior Famchise Agreement and now desire to enter into thisnew Agreement to incorporate such modifications into this Agreement. As of November 1, 2010, this Agreementshall supersede and replacein its entirety the Prior Franchise Agreement. May 18, 2010 1 uped&w- Co&- tionAgrmment 350 4.11 City -Wide Recycling, Events — Two (2) times t:ach year, on a schedule and at locations mutually agreed upon by Franchisee'and City, Franchisee will provide a city -wide recycling event for residents of City. Franchisee shall provide sufficient equipment to collect and remove from the agreed -upon locations all acceptable wastes delivered byresidents to such locations. Franchisee shall handle all materials received in a manner that will ensure the maximum amount practicable of materials to be recycled, composted or otherwise diverted from landfill. Franchisee shall provide such city -wide recycling events in accordance with EXHIBIT D of this Agreement. 4.12 On -Call Collection Services - Two (2) times per year, upon request, Franchisee will provide On- CallCollection Services to each Residential Service R:cipient. Franchisee shall providethe services described in EXHIBIT E of this Agreement. Franchisee shall handle all materials received i n a manner that will allow the maximum amount ' to be recycled, composted or otherwisediverted from landfill. 4.13 Services to City — Recyclable Materials and G)mpostable Materials and Garbage collection servicesdescribedin Article 4 of this Agreement shall be providedto City facilities at no charge to City. The service level for each City facility shall be selectol by City Representative from theservice levels available to Non - Residential Service Recipients as set forth on EXHIBIT B of this Agreement. City shall select the locations, and Franchisee shall provide appropriate containers, and service them on a mutually agreed schedule that will prevent over -flow of the containers. At the beginning of this agreement, Franchisee shall provide the services to the locations and facilities described in EXHIBIT F of this Agreement. 4.14 Service Recipient Changes - City and Franchisee acknowledge that during the term of this Agreement the Service Recipients for whom Franchisee will provide collection services under this Agreement may change as a result of changes in the Franchise Area (e.g., due to annexation by the City of unincorporated areas of Santa Clara County and new construction or demolition activity). 4.15 Subcontractors —No Subcontractors shall be used to provide theservices required under this Agreement, without prior written approval of the City Representative. - 4.16 Time of Collection — Franchisee shall make a good faith effort to provide collection services at a consistent time of day for each Residential Service Recipient, and not to change the time of servicemore often than necessary, to maintain an efficient collection system. 4.17 Household Hazardous Waste Collection — On behalf of City, Franchisee shall enter into an agreement with a third party. (the "Household Hazardous Waste Collector ") to provide a Household Hazardous Waste Program. The HHW Collector shall be responsible for all aspects of the HHW Program. Under nocircumstances shall Franchisee be required to collect household hazardous waste, except as specifically provided elsewhere in this Agreement. The initial HHW Collector shall be Curbside Inc. The specifications Df theH11W Program proposed by Curbside Inc. are set forth in EXHIBIT I. The City may terminate the HHW Program at any time upon ninety (90) days prior written notice toFranchisee. Franchisee mayreplace the HHW Collector at any time with a new HHW Collector reasonably acceptable to City. The HHW Program shall be funded by means of the Household Hazardous Waste Fee, which shall be approved by City, collected from Residential >ervice Recipients by Franchisee, and remittedto the HHWCollector. Franchisee may terminatethe HHW Program and its agreement with the HHW May 18, 2010 16 Clupm*w- CollectionAgreement 351 I jCollector if at any time City does not approve theHousehold Hazardous Waste Fee required to fund the HHW Program. ARTICLE 5 COLLEC 11ON ROUTES 5.1 Collection Route Information - Franchisee shall maintain, and provide to Citywithin sixty (60) days of the effective date of thisAgreement, and on requesa (up to two times a year), within fifteen (15) Working Days of request, current and accurate maps indicating: A. Areas of collection including routenumbers and truck numbers. B. Day of the week collection service is provided. C. Approximate time of collection (early or Late AM, or early or late PM). D. Start point, end point, and the actual street -by -street course the collection vehicles follow on routes. E.Boundary of each individual route. Each adjoining route on the map shall be in a distinct color or pattern so that adjoining routes are clearly delineated. Franchisee shall provide the maps to City both in hard copy and PDT format. F.Alisting of the name, address and level of service for each Service Recipient. 5.2 Collection Route Changes - For any route changes proposed by Franchisee, Franchisee shall submit to City, in writing, theproposed change to routes (including by not limited toboundaries and i addresses - affected) not less than sixty (60) calendar days prior to the proposed date of implementation. i Withinthirty (30) calendar days of receipt of Franchisee's proposed change, City shall provide written notice to Franchisee as to whetherthe proposed change is acceptable or not. Franchisee shall not implement anyroute changes without the prior written authorization of the City Representative, which shall not be unreasonably withheld, conditioned or delayed. Franchisee shall notify all affected Service Recipients of anyauthorizedroute change affecting day of service at least two (2) weeks in advance of I the service change. 5.3 Route Audits - Citymay, at City's sole expense, pl:rform a route audit City may hire a third party to conduct the route audit. Franchisee shall fully cooperate in the audit and supply all requested information to City's Consultant in a timely manner at no cost to City. ARTICLE 6 COLLECTION EQUIPMENT 6.1 Eauivment Specifications 6.1.1 General Provisions - All collection equipment used by Franchisee in the performance of this Agreement shall be of highquality at the start of this Agreement,The vehiaLes shall be designed and operated so as to prevent Recyclable Materials, Compostable Materials, Garbage, Litter or any other materials from escaping from tl•:e vehicles. The vehicles shall bedesigned and operatedto minimize any negative environmental impacts caused by their operation, especially air quality impacts. 6.1.2 Registration -All vehicles used by Franchisee in prpviding services under this Agreement, except those vehicles used solelyon Franchisee's premises, shall be registered with the California Department of Motor Vehicles. sta 18, 2010 17 Cupertino- CoCfertionAgreement 352 i I 17.15 City Representative -Except as otherwise provided in this Agreement, the City Representative shall be authorized to act on behalf of the PublicWorks Director in the administration of this Agreement. 17.16 Franchisee's Records - Franchisee shall maintain any and allledgers, books of account, invoices, vouchers, canceled checks, computer files, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three 3) years, or for any longerperiodrequired by law, from the date of termination or completion of this Agreement. Franchisee shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or fa any longer period required by law, from the date of termination or completion of this Agreement. Any records or documents required to be maintanied pursuant to this Agreementshall be made available for inspection or audit, at any timeduring Franchisee's regular business hours, upon reasonable notice and priorwritten request by the City Representative, City Attorney, or a designated representative of any of these officers. Copies of such documents shall be provided to Cityfor inspection at City Hall when it is practicalto do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Franchisee's address indicated for receipt of notices in thisAgreement. 17.17 Use of Recycled Products - Franchisee is requested touse, wherevercommerciallyreasonable, in the performance of services under this Agreement, productsor materials which contain recycled materials content. This would include such items as reports on recycled content paper, recycling Containers with recycledplastic content; and use of re -refined oil in collection vehicles. 17.18 Amendment -This Agreement maybe amended or modified only bywritten Agreement duly authorizedby Franchisee and City and executed by their authorizedrepresentatives. 17.19 Paragraph Headings -The subject headings of the paragraphs andsubparagraphs of this Agreement are included for convenience only and will not affect the constructionor interpretation of any of its provisions. 17.20 Drafting - This Agreement, and each of the provisions hereof, have, been reached as a result of negotiations between the parties and their respective attorneys. Each of the parties hereto expressly acknowledges and agrees that this Agreement shall not be deemed to have been prepared by ordrafted by any particular party and that the normalrule of construction to the effect that any ambiguities are to be resolved against the drafting party or parties, shall not be employed in the interpretation of this Agreement. I 17.21 Severability - Should one or more of the provisions of this Agreement be held by any courtto be. invalid, void or unenforceable, the remainingprovisions shall nevertheless remain and continue in full force and effect, and the parties shall promptly meet and negotiate a substituteor suchtivalid provisions and modifications to any remaining provisions so as to effect the original intent,.a,f_ the parties to the extent legally permissible, provided that the substitute and remaining provisions as so negotiated do notmaterially change the rights, duties.or obligations of eitherparty from those rights, duties or obligations originally contemplated by this Agreement. 17.22 Entirety_ Agreement and Exhibits -This Agreement represents the entireAgreement of City and Franchisee with respect to the services to be provided under this Agreement and supersedes andmerges all priorwritten and oralstatements, proposals, representations andagreements between the parties, including without limitation the Prior Franchise Agreement (as of November 1, 2010). The Exhibitsto Nay 18, 2010 35 Cupertino ollectionAgreement 353 thisAgreement are hereby incorporated into andmade a part of this Agreement as though fully set forth herein. 17.23 Nondiscrimination - In performing the collection services hereunder, Franchisee shallnot discriminate againstanypersonon the ground of race, sex, age, creed, color, religion or national origin. 17.24 Attorney's Fees - In any legal action or proceedingbrought for enforcement of this Agreement, the successful party shall be entitled torecover reasomble attorney's fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled. 1725 Dispute Resolution 17.25.1 Call for Mediation - If theparties are unable to resolve a dispute arising under this Agreement in a cooperative manner, either party may call for mediation, as hereafter described. The party calling for mediation shall serve notice in writing uponthe other party setting forth the questionor questions to be mediated. The costs of the mediation shall be borne equally by the parties. 17.25.2 Mediation -Within ten (10) days after delivery of the notice called for under Section 1,7.25.1, the parties shall select a mutually acceptable mediator from the Judicial Arbitration and Mediation Service ( " JAMS ") or other mutually agreeable organization. In the event the parties are unable to agree on a mediator, a mediatorshall be selected for them at random by the San Francisco office of JAMS. However, either side may reject the proposed mediator and JAMS will select another. Within ten (10) days thereafter, subject to the mediator's schedule, the parties shall meet with the mediator in a good i:aith attempt to resolve theirdispute. The parties shallcontinueto meet with the mediator until their dispute is resolvedor themediatorindicates that he or she does not believe that further efforts are likely to result in a successful resolution or the dispute is not resolved within thirty (30) days after the first mediation session, whichever occurs first. The remainder of this page intentionally left bl ank. Signatures on the following page. WITNESS the execution of this Agreement on the dates set forth below. 9day 18, 2010 36 Cupertino- CollectionAgreement 354 City of Cupertino Re(,ology Cupertino A Municipal Corporation A California orp on By:By: Ma City of Cupertino eral r Date:Date: Approved as o Form:Attest: I City Clerk City Attorney Date:ha 116 9day 18, 2010 37 Cupertino-CollectianAgmement 3 355 4 00 SERVICES AGREEMENT FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION This Services Agreement for Household HazardousWaste Collection (this " Agreement ") ismade and entered into as of April 116 , 2010, by and between the Recology Cupertino, a California corporation ( "Recolo j, and Curbside Inc., a California corporation ( " Curbside "). WHEREAS, Recology and the City of Cupertino, California ( "CW") have negotiated and . intend to enter into a FranchiseAgreement for Collection and Processing of Recyclable and Compostable Materials, and the Collection and ;disposal of Garbage (such agreement, as. entered into and amended from time to time, the " Fran&dse Agreement WHEREAS, the .FranchiseAgreement requires Recology to enter into an agreement with a third party to establish, manage andoperate a door -to -door household hazardous waste program to City, and Recology to utilize the services of Curbside for such purpose;. and WHEREAS, Curbside is qualified, read; willing and able to furnish such services. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1.PROVISION OF SERVICES a) Curbside agrees to provide a door -to -door household hazardous waste, universal waste, a -waste and sharps collection, recycling and disposal program in City in accordance with theterms and conditions of this Agreement and Curbside's proposal dated April 21, 2009, attached hereto ss Exhibit A and .incorporated. horein by this reference (such program, the Program "). b) Each household within the city limits of City as of the date hereof, and any areas that may be annexed to City during.the term of this Agreement,. whether such households are single- or multi - family residences (the residents of.such households, " Residents "), shall be entitled to an unlimited number of collections the Program. c) Curbside shall be solely responsible for disposal- and processing (and the cost thereof) of all waste collected by it under this Agreement, and shall handle all.such waste in a manner that maximizesdiversion of the same. d) Curbsideshall be solely responsible for all customer service and handling of all customer questions and complaints regarding tho. Program. Curbside shall maintain a customer service department to provide such services. e) Curbside shall at. all times perform. its obligations undue;: this Ageement (the Services ") in a competent and professional manner using best industry practice for comparable operations in the State of California. f) Curbside shall furnishall labor, equipment, supplies and other goods and services necessaryto perform the Services, and shall payall costs arid'expenses (including without limitation taxes, insurance, and governmental fees) relating 'td the performance of the Services. W03 046250369!1 60S0221v?1 1 356 specirically provided. In addition, references to specific governmental agencies sbali be understood toinclude agencies that succeed to or assumethe functions they are currently pert 28. CUPA PfiRMIT Notwithstanding wiy other provision of this Agreement, it is a condition precedent to the effectiveness of this Agreement that City obtain, before December 31, 2010, a Permit by Rule from the Certified Unified Program Agency (CUPA) for Santa. Clara County with respect to the hazardous waste storage facilities to be used by Curbside in the performance of this Agreement. 1fsuch condition precedent is not satisfied, this Agreement shalt be mill and void and of no force or effect. In addition, notwithstanding any other provision of this Agreement, Curbsideshall not begin providing tic Program (and the start date thereof sha11 be delayed beyondNoyember 1, 2010) until such Permit by Role has beenobtained and takes effect. Curbside shall not be entitled to any additional compensation with respect to any mcb delay, Remainder of this page intentionally left blank] rN W03 W250Sfiw1fiOM2wV 12 a 357 INWITNESS WHEREOF, the parties hereto have executed this Services Agreement for HouseholdHazardous Waste Collection by theirduly authorized representatives as of the date first above written. R,ecoloy:Curbside: RECOLOGY CUPERTP CURB By:Fly: Name:o flame: !a? -tgt Ap•_og -re..i Its:Its; j W03 046250369A6080221v7 .13358 PERFORMANCE BOND Travelers Casualty and Surety Company of America One Tower Square 3PB, Hartford, CT 06183 Bond No. 105446051 KNOW ALL MEN BY THESE PRESENTS, that we, Recology Cupertino 160 Pacific Ave., Suite 200, San Francisco, CA 94111, as Principal, and Travelers Casualty and Surety Company of America, licensed to do business in the State of California, as Surety, are held and firmly bound unto EnvironmentalPrograms Manager, City of Cupertino, 10300 Torre Avenue, Cupertino, CA 95014 (Obligee), in the penal sum of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00), lawful money of the United States of America, for the payment of which sum, well and truly to be made, the Principal and Surety do bind themselves, their heirs. executors, administrators, and successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas theabove bounden Principal has entered into a certain writtenContract with the abovenamed Obligee, effective the 5th day of November, 2010, and terminating the 5th day of, November 2011, for Collection and Processing of Recyclable and Compostable Material and the Collection and Disposal of Garbage and more fullydescribed in said Contract, a copy of which is attached, which Agreement is made a part hereof and incorporated herein by reference, except thatnothing said therein shall alter, enlarge, expand or otherwisemodify the term of the bond as set out below. NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully perform the Contract, according to the terms, stipulations orconditions thereof, then this obligation shall become null and void, otherwise to remain in full force and effect. This bond is executed by the Surety and accepted by the Obligee subject to thefollowing express condition: Notwithstandingtheprovisions of the Contract, the termof this bond shall apply from November 5, 2010, until November 5, 2011, and may be extended by the Surety by Continuation Certificate. However, neither nonrenewal bythe Surety, nor the failureor inability of thePrincipal to file a replacement bond in the eventof nonrenewal, shall itselfconstitute a loss to theobligeerecoverable under thisbond or any renewal orcontinuation thereof. The liability of the Surety under thisbond and all continuation certificates issued in connection therewith shallnot be cumulative and shall in no event exceed the amount as set forth in thisbond or in any additions, riders, or endorsements properly issued bythe Surety as supplements thereto. Sealedwith our seals and dated this 5 dayof November, 201(1. Recology Cupertino Ot.ik) Vo-n-J Witness Mark R. Lomele, Sr. Vice President a• • -. .:. , ' '• .•al ikk C • : 4000roAtabip/rCtrl Witness Heather A. Beck ifer J. 1 c om • • tt/ Agreed and acknowledged this day of By:n igee fr"Approved as to Form: i Nir ! C' y Attorney S -5025 (08 -99) 359 State of Illinois} ss. County of Dupage On November 5, 2010, before me, Heather A. Beck, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Jennifer J. McComb known to me to be Attorney -in -Fact of Travelers Casualty and Surety Company of America the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executedthesaid instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in thiscertificateabove. M o mission Expire ebruar 5 2012. OFFICIAL SEAL HEATHI =R A BECK L NOTARY PII UC - STATE OF LUP10MYCOM:A1SION E'LFLo.tal1l Heather A. Beck, Notary Public Commission No. 596017 360 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER 411111.POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Mercury InsuranceCompany Fidelity and Guaranty Insurance Company Travelers Casualty and SuretyCompany Fidelity and Guaranty Insurance Underwriters, Inc.Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian InsuranceCompany Attorney -In Fact No. 222812 Certificate No. 003881931 KNOW ALL MEN BY THESEPRESENTS: That St. Paul Fire and Marine Insurano Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, TravelersCasualty and Surety Company, and TravelersCasualty and Surety Company of America are corporations duly organizedunder the laws of theState of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and GuarantyInsurance Company is a corporationduly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporationduly organized under the laws of the State of Wisconsin herein collectively called the "Companies "), and that the Companies dohereby make, constitute and appoint James I. Moore, Stephen T. Kazmer, Bonnie Kruse, Peggy Faust, Dawn L. Morgan, Kelly A. Gardner, Jennifer J. McComb, Elaine Marcus, Melissa A. Schmidt, Tariese M. Pisciotto, Heather A. Beck, and Joel Speckman of the City of Westmont State of Illinois their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writingsobligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakingsrequired or permitted in any actions or proceedings allowedby law. 14th IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this eptem er l2UU 0 day of Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and SuretyCompany Fidelity and Guaranty Insurance Underwriters, Inc.TravelersCasualty and SuretyCompany of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian InsuranceCompany pI.SU.y Jy F1PE 6 .4 N tYAossmit T r ti o s o r ....... *a 9 '4 AY AMtd State of Connecticut By: City of Hartford ss.Georg Thompson, 'enior ice President 14th September 2010 On this the day of before me personally appeared George W. Thompson, whoacknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, TravelersCasualty and Surety Company, TravelersCasualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for thepurposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. TAR C My Commission expires the 30th day of June, 2011.Ammo * W w" Marie C. Tetreault, Notary Public 58440 -4 -09 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 361 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, TravelersCasualty and Surety Company, TravelersCasualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any ExecutiveVice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors atany time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers oremployees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, thatany bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any ExecutiveVice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested andsealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one ormore Attorneys -in -Fact and Agents pursuant to the power prescribed inhis or her certificate or their certificates of authority orby one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, andthe seal of the Company may be affixed by facsimile to any Power of Attorneyor to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, TravelersCasualty and Surety Company of America, and United States Fidelity and GuarantyCompany do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my handand affixed the seals of said Companies this 5th day of November 201 Kori M. Johans Assistant Secretary GI.SUqr ry J F \0.E 6 OE *N INf F Jp IySUgq b , PEfV SNO 4066 4 SS" topoy,,. ' lCORPORq T' Qcf PONq 'cS trQY_ t9 o 1977 tEO': m z¢ `e crt n 19$1 lk SEALo W o fi"d1 6 o. rd `•.... yd'4SSAL as r sdxNCEfNNANA1s........ ray bt N AtN To verify the authenticity of this Power of Attorney, call 1 -800- 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals andthe details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THERED BORDER 362 A` °R°® CERTIFICATE OF LIABILITY INSURANCE Page 1 of 1 11/04/20 THIS CERTIFICATE* ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERSNORIGHTS UPON THECERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEENTHE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditionsof the policy, certain policies may require an endorsement. A statement on this certificate does notconfer rights tothe certificate holder In lieu of such endorsement(s). PRODUCER CDNTACT NAMF Willis Insurance Services of California, Inc.PONE FAX 26 Century Blvd.46IC,NO Fxrp 877- 945 -7378 Arc Nn)- 888 - 467 - 237 , 8 P. 0. Box 305191 E-MAILE - MAFGS- certificatea@willis. coin Nashville, TN 37 23 0 -5191 INSURER(S)AFFOROI NIG COVERAGE NAIC INSURER A: ACE American Insurance Company 22667 -101 INSURED INSURER B: Lexington Insurance Company 19437 -000 Recology Cupertino 1675 Rogers Avenue INISURER C: Greenwich Insurance Company 22322 -000 San Jose, CA 95112 INSURERD: INSURER E: I INSURER F: COVERAGES CERTIFICATE NUMBER: 14990726 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THEINSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THEPOLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L SUER POLICY EFF POLICY EXP LIMITS I TR TYPE OF INSURANCE Wapn wvn POLICY NUMBER M MWMInYY) IMMmnnYYYI A GENERAL LIABILITY N N XSLG23742706 10/1/2010 10/1/2011 EACH OCCURRENCE 1,500,000 X COMMERCIAL GENERAL LIABILITY PI2EMl5ES(EaoNcence) 1,500,000 CLAIMS -MADE X OCCUR MED EXP (Arty one person) X 500,000 S.1.R.PERSONAL BADV INJURY 1,500,000 GENERAL AGGREGATE 2,000,000 GENT AGGREGATE LIMIT APPLIES PER:PRODUCTS -COMP/OP AGG $ 2,000,000 a l POLICY LOC A AUTOMOBILE LIABILITY N N XSAH08245290 10/1/2010 10/1/2011 ggige rtNGLELIMIT 1,500,000 X ANYAUTO BODILYINJURY(Per person) ALL OWNED SCHEDULED AUTOS AUTOS BODILY iNJURY(Per accident) $ HIRED AUTOS NON -OWNED PerOacEcident)AMAGEAUTOS X 500,000 S SA PD Se1. R.1 - Insured B UMBRELLALIAB X OCCUR N N 065463216 10/1/2010 10/1/2011 EACH OCCURRENCE 5,000,000 EXCESS LIAR CLAIMS -MADE AGGREGATE 5,000,000 DED RETENTION $ WORKERS COMPENSATION WC STATU- 0TH- TORYI IMITS FR AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE I I NIA E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? Mandato in NH) E.L. DISEASE- EA EMPLOYEE $ DDESCRIPTIONOFOPERATIONS below E.L. DISEASE - POLICY LIMIT $ C Pollution Liability N N PEC000549106 10/1/2008 10/1/2011 $15,000,000 Each Loss 30,000,000 Aggregate 250,000 Self- Insured Retention DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach Acord 101, Additonal Remarks Schedule, If more space Is required) City of Cupertino, its officers, insureds, employees, and agents are to included as Additional Insureds as respects to General Liability and Auto Liability where required by contract. This coverage shall be primary and non - contributory. Severablity of interest applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEDBEFORE THEEXPIRATIONDATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITHTHE POLICY PROVISIONS. City of Cupertino Environmental Programs Manager AUTHORIZED REPRESENTATIVE ATTN: Public Works Department 10300 Torre Avenue Cupertino, CA 95014 con: 3175841 Tpl:1179273 Cart: . ' ' 26 1988- 010 : CORr- CORPORATION. All rightsreserved. ACORD 25 (2010105)The ACORD name and logo are registered marks of ACORD 363 POLICY NUMBER: XSL G23742706 ENDT. #2 ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION NamedInsured Recology Inc.EndorsementNumber 2 Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL G23742706 10/01_/_2010 to 10/01/2011 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of theinformation is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insuranceprovided under the following: EXCESS COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE Name of Person or Organization: Any person or organization whom you have agreed to include as an additional insured in a written contract or agreement, provided such contract or agreement was executed prior to the date of loss_ WHO IS AN INSURED (Section It) is amended to include as aninsured the person(s) or organization(s) shown in the Schedule as an insured but onlywith respect to liabilityarising out of your operations or premisesowned or rented by you. te f. _ r— Authorized Agent XS -6W25 (09195) Ptd. in USA 364 ADDITIONAL INSURED ENDORSEMENT Named Insured Recology Inc.Endorsement Number 5 Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSA H08245290 10/01/2010 to 10/01/2011 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent tothe preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following EXCESS BUSINESS AUTO POLICY Additional Insured(s): Any person or organization whom you have agreed to include as an additional insured under a written contract or agreement, provided such contract or agreement was executed prior to the date of loss. A. For a covered "auto," Who Is Insured is changed to include as an additional insured," the persons or organizations named in this endorsement. However, these persons or organizations are an additional "insured" only for "bodily injury" or property damage" resulting from acts or omissions of: 1. You. 2. Any of your "employees" or agents. 3. Any person operating a covered "auto" with permission from you, any of your employees" oragents. B. The persons or organizations named inthis endorsement are not liablefor payment of your premium. C. Thisinsurance shall be non - contributorywith respect. to insurance for a third party whereand to the extent required by written contract between you and such thirdparty. Your "retained amount" still applies to such loss, and we will only pay the Additional Insured for the "ultimate net loss" in excess of the "retained limit" shown in the Declarations of this policy. Authorized Agent CC -1E15 Ptd. In U.S.A. 365 AD CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 11/4/2010 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPONTHE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTENDOR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE ACONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVEOR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(Fes) must be endorsed. If SUBROGATION IS WAIVED, subject to theterms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Beecher Carlson InsuranceServices CONTACT NAME: 21700 Oxnard Street, Suite 1800 PHONE (A /C. No, Ext): 818- 598 -4200 FAX (A /C, No): 818- 598 -5800 Woodland Hills, CA 91367 E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # www.beechercarlson.com INSURERA: National UnionFire Ins Co of Pittsburgh PA 19445 INSURED Recology South Bay INSURER B : dba Recology Silicon Valley dba Recology Cupertino 1675 Rogers Avenue INSURER C : San Jose CA 95112 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 8738091 REVISION NUMBER: THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVEBEEN ISSUED TO THE INSURED NAMED ABOVE FOR THEPOLICY PERIOD INDICATED. NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTOWHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVEBEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE 10 .Raven POLICY NUMBER POLICY EFF POLICY EXP LIMITSMMIDDIYYYY) (M M /DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE DAMAGE TO RENTED COMMERCIALGENERAL LIABILITY PREMISES (Ea occurrence) CLAIMS -MADE OCCUR MED EXP (Any one person) PERSONAL & ADVINJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ 1 POLICY PRO - AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident)AUTOS AUTOS HIRED AUTOS NON-OWNEDD Perr accident) AMAGE UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS -MADE AGGREGATE DED RETENTION $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N TORY LIMITS ER ANYPROPRIETOR /PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?I N/A E.L. EACH ACCIDENT Mandatory in NH)E.L. DISEASE - EA EMPLOYEE $ If yes, describeunder DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Excess Workers Compensation 488 -0514 10/1/2010 10/1/2011 Excess Workers Comp Limit: Statutory Employer's Liability Limit: $2,000,000 SIR: $1,000,000 DESCRIPTIONOF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more spaceis required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIESBE CANCELLED BEFORE Environmental ProgramsManager THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Ave. Cupertino CA95014 AUTHORIZEDREPRESENTATIVE WDHLS) Kim Wyles 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05)The ACORDname and logo are registered marks of ACORD CERT NO.: 8738091 WDHLS) Ginny McCarthy 11/4/2010 5:12:28 PM Page 1 of 1 366 City of Cupertino 10300 Torre Avenue Cupertino, California 95014 Notice of Exemption To: County Clerk County of Santa Clara 191 North First Street San Jose, CA 95113 Agreement Title: First Amendment of an Agreement between the City of Cupertino and Recology Cupertino for Solid Waste Services Franchise Agreement Agreement Location – Not Specific: Service recipients for the collection of recyclable, compostable and garbage Agreement Location – City: Cupertino Agreement Location – County Santa Clara Description of Agreement: An amendment of the 2010 Franchise Agreement requiring additional collection services and expansion of organic processing services. Name of Public Agency approving agreement: City of Cupertino Name of Person or Agency carrying out agreement: City of Cupertino Exempt Status: (check one) _ Ministerial (Sec. 21080(b)(1): 15268); _ Declared Emergency (Sec. 21080(b)(3); 15269(a)); _ Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); X Categorical Exemption. State type and section number: Sections 15061(b)(3) and 15307 Statutory Exemption. State code number: Reasons why project is exempt: This agreement is not a project which has the potential for causing a significant effect on the environment and is a regulatory action as authorized by State law. This determination is pursuant to the provisions and requirements of the CEQA of 1970, together with related State CEQA Guidelines and Title 14 of the California Code of Regulations, Sections 15061(b)(3) and 15307. Lead Agency Contact Person: Roger Lee; Telephone Number: 408-777-3350 Signature: Date: Title: Dir.of Public Works 367 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0155 Name: Status:Type:Ordinances and Action Items Agenda Ready File created:In control:5/19/2014 City Council On agenda:Final action:9/2/2014 Title:Subject: Approval of an Ordinance Amending Chapter 9.17.130 of Chapter 9.17 of Title 9 of the Cupertino Municipal Code, Regulation of Single-Use Carryout Bags. Sponsors: Indexes: Code sections: Attachments:Staff Report A - Redline Ordinance B - Draft Ordinance C - Addendum to Final Program EIR Action ByDate Action ResultVer. City Council9/2/20141 Subject: Approval of an Ordinance Amending Chapter 9.17.130 of Chapter 9.17 of Title 9 of the Cupertino Municipal Code, Regulation of Single-Use Carryout Bags. Conduct the first reading of Ordinance No. 14-2122: “An Ordinance of The City Council of The City of Cupertino Amending Section 9.17.130 of Chapter 9.17 of Title 9 of The Cupertino Municipal Code relating to the regulation of single-use carryout bags.” CITY OF CUPERTINO Printed on 8/27/2014Page 1 of 1 powered by Legistar™ 368 1 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: September 2, 2014 Subject Approval of an Ordinance Amending Chapter 9.17.130 of Chapter 9.17 of Title 9 of the Cupertino Municipal Code, Regulation of Single-Use Carryout Bags. Recommended Action Conduct the First Reading of Draft Ordinance amending Chapter 9.17.130 of the Cupertino Municipal Code to cap the required minimum charge for recycled paper bags at ten cents and eliminate a future increase to twenty-five cents per bag. Discussion Since its implementation on October 1, 2013, staff has monitored the success of the City’s ordinance related to plastic, single–use shopping bags. Staff conducted six different compliance surveys between March 21, 2014 and June 27, 2014. Staff observed shoppers exiting large stores in Cupertino and gathered data showing that 82% of consumers are bringing reusable bags or are shopping without bags. Since the regulation of single-use carryout bags has made significant progress toward reaching the desired effect in the first year of implementation, staff recommends keeping the minimum required charge for recycled paper bags at ten cents. This will prevent an additional administrative burden on retailers which would result from a required increase in the minimum fee for bags, while still allowing individual retailers to increase the price of shopping bags if they so desire. The neighboring communities of San José and Sunnyvale, who originally had similar twenty-five-cent per bag fee increases, have also amended their ordinances to keep the bag fee at ten cents. Under the California Environmental Quality Act (CEQA), no additional environmental review is required. The City’s Ordinance is based on the San Mateo County’s model ordinance, which was evaluated in San Mateo County’s Environmental Impact Report (“EIR”, SCH#2012042013) and was further studied in the City of Cupertino’s Addendum to the EIR. The City Council certified the EIR and approved the Addendum when it adopted the original ordinance on March 5, 2013. The ten-cent per bag charge, which is currently in effect and would remain in effect if this amendment is approved, 369 2 is within the range of charges evaluated in the EIR and Addendum. Therefore, no further environmental review is required for the proposed amendment. Sustainability Impact None Fiscal Impact None _____________________________________ Prepared by: Cheri Donnelly, Environmental Programs Manager Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A- Redline Ordinance B- Draft Ordinance C- Addendum to Final Program EIR 370 1 ORDINANCE NO. 14- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING SECTION 9.17.130 OF CHAPTER 9.17 OF TITLE 9 OF THE CUPERTINO MUNICIPAL CODE RELATING TO THE REGULATION OF SINGLE-USE CARRYOUT BAGS The City Council of the City of Cupertino does hereby ordain that Section 9.17.130 be amended as follows: 9.17.130 Single-Use Carryout Bag. A. No person or retail establishment shall provide a single-use carryout bag to a customer, at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment except as provided in this section or in section 9.17.140. B. Effective October 1, 2013, a retail establishment may only make recycled paper bags available to customers if the retailer charges a minimum of ten cents. Reusable bags may be given by retailer without charge. C. Effective January 1, 2015 a retail establishment may only make recycled paper bags or reusable bags available to customers if the retailer charges a minimum of twenty-five cents. DC. Notwithstanding this section, no retail establishment may make available for sale a recycled paper bag unless the amount of the sale of such bag is separately itemized on the sale receipt. ED. A retail establishment may provide one or more recycled paper bags at no cost to any of the following individuals: a customer participating in the California Special Supplement Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code; a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code; and a customer participating in Calfresh pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the California Welfare and Institutions Code. 371 2 INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 2nd day of September 2014 and ENACTED at a regular meeting of the City Council of the City of Cupertino the ____ of _______ 2014, by the following vote: PASSED: Vote: Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: ______________________ ______________________ Grace Schmidt, City Clerk Gilbert Wong, Mayor 372 1 ORDINANCE NO. 14- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING SECTION 9.17.130 OF CHAPTER 9.17 OF TITLE 9 OF THE CUPERTINO MUNICIPAL CODE RELATING TO THE REGULATION OF SINGLE-USE CARRYOUT BAGS WHEREAS, pursuant to the provisions and requirements of the California Environmental Quality Act of 1970, together with the State CEQA Guidelines (collectively, "CEQA"), the lead agency County of San Mateo caused that certain County of San Mateo Reusable Bag Ordinance and Final Environmental Impact Report (SCH#2012042013) (“EIR”) to be prepared for a model Reusable Bag Ordinance (“County Ordinance”); and WHEREAS, the EIR analyzed impacts of the County of San Mateo’s Ordinance if an ordinance like the County Ordinance were adopted in 24 jurisdictions, including the City of Cupertino. WHEREAS, on October 23, 2012, the County of San Mateo Board of Supervisors certified that the EIR was completed in compliance with CEQA and reflected the independent judgment and analysis of the County; WHEREAS, on January 15, 2013, the Cupertino City Council certified the EIR and made findings of facts, specifically, that the EIR had been prepared in compliance with CEQA and Cupertino’s Ordinance fell within the scope of the EIR; WHEREAS, on March 5, 2013, the Cupertino City Council adopted an Addendum to the EIR (SCH#2012042013) for a City Ordinance Relating to the Regulation of Single-Use Carryout Bag (“City Ordinance”) that is the nearly the same as the County Ordinance but with minor revisions in order, which concluded that the City Ordinance would not lead to new or substantially more severe significant impacts that were not analyzed in the EIR; WHEREAS, the City has determined to cap the minimum charge for recycled paper bags at ten cents and to eliminate a future increase to twenty-five cents per bag; and WHEREAS, the ten-cent-per paper bag charge was analyzed in the EIR and Addenda; and 373 2 WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Ordinance; and WHEREAS, prior to taking action on this Ordinance, the City Council has exercised its independent judgment in carefully considering the information in the EIR and Addendum and finds that scope of this Ordinance falls within the previously certified EIR and Addendum and no further environmental review is required. NOW, THEREFORE, THE COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Section 9.17.130 of Chapter 9.17 of Title 9 of the Cupertino Municipal Code is amended to read as follows: 9.17.130 Single-Use Carryout Bag. A. No person or retail establishment shall provide a single-use carryout bag to a customer, at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment except as provided in this section or in section 9.17.140. B. Effective October 1, 2013 a retail establishment may only make recycled paper bags available to customers if the retailer charges a minimum of ten cents. Reusable bags may be given by retailer without charge. C. Notwithstanding this section, no retail establishment may make available for sale a recycled paper bag unless the amount of the sale of such bag is separately itemized on the sale receipt. D. A retail establishment may provide one or more recycled paper bags at no cost to any of the following individuals: a customer participating in the California Special Supplement Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code; a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code; and a customer participating in Calfresh pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the California Welfare and Institutions Code. 374 3 SECTION 2. The City Clerk shall certify the adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 2nd day of September, 2014 and ENACTED at a regular meeting of the City Council of the City of Cupertino the ____ of _______ 2014, by the following vote: PASSED: Vote: Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: ______________________ ______________________ Grace Schmidt, City Clerk Gilbert Wong, Mayor 375 City of Cupertino Single-Use Carryout Bag Ordinance Addendum to the County of San Mateo Reusable Bag Ordinance Final Program EIR January 2013 376 City of Cupertino Single-Use Carryout Bag Ordinance Addendum to the County of San Mateo Reusable Bag Ordinance Final Program EIR Prepared by: City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 Contact: Cheri Donnelly Environmental Programs Mgr. Prepared with the assistance of: Rincon Consultants, Inc. 180 North Ashwood Avenue Ventura, California 93003 January 2013 377 This report is printed on 30% recycled paper with 30% post-consumer content and chlorine-free virgin pulp. 378 Single-Use Carryout Bag Ordinance Environmental Impact Report Addendum City of Cupertino i Single-Use Carryout Bag Ordinance Addendum to the County of San Mateo Reusable Bag Ordinance Final Program EIR TABLE OF CONTENTS Page Introduction .......................................................................................................................1 Project Description ............................................................................................................2 Environmental Impacts ....................................................................................................4 Air Quality ................................................................................................................4 Biological Resources ................................................................................................6 Greenhouse Gas Emissions ....................................................................................6 Hydrology and Water Quality ..............................................................................7 Utilities and Service Systems ..................................................................................8 Conclusion ........................................................................................................................9 References and Preparers ..............................................................................................10 List of Tables Table 1 Existing and Proposed Bag Use ......................................................................3 Table 2 Estimated Emission Changes Due to the County’s Ordinance and the City’s Ordinance ...............................................................................................................5 Table 3 Estimated Daily Emissions from Increased Truck Trips ..............................5 Table 4 Estimated GHG Emissions ................................................................................7 Table 5 Solid Waste Generation Due to Plastic and Paper Carryout Bags ..............9 Appendix Appendix A: URBEMIS Results for Truck Trips 379 Single-Use Carryout Bag Ordinance Environmental Impact Report Addendum City of Cupertino 1 INTRODUCTION This document is an addendum to the County of San Mateo Reusable Bag Ordinance Final Program Environmental Impact Report (EIR) that was certified by the County of Mateo Board of Supervisors on October 23, 2012 (SCH #2012042013). As one of the 6 participating municipalities from the County of Santa Clara in the EIR, the City of Cupertino proposes an ordinance to ban plastic carryout bags that is largely consistent with the ordinance analyzed in the County of San Mateo’s Final EIR and adopted by the Board of Supervisors. The addendum is required to address the possible environmental effects associated with adoption of such an ordinance within Cupertino. The proposed Ordinance within Cupertino would ban single-use plastic carryout bags at all commercial establishments that sell perishable or nonperishable goods, including, but not limited to, clothing, food and personal items and would place a minimum ten (10) cent charge on the issuance of recycled paper carryout bags by an affected store, as defined. Retailers would be allowed to provide reusable carryout bags (a minimum of 2.25 mils thick) to customers at the point of sale for no cost. According to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, an addendum to a previously adopted Final EIR is the appropriate environmental document in instances when “only minor technical changes or additions are necessary” and when the new information does not involve new significant environmental effects beyond those identified in an adopted Final EIR. The change being contemplated involves adopting a Single-Use Carryout Bag Ordinance in the City of Cupertino that is similar to the County of San Mateo’s adopted Ordinance. The EIR for the County of San Mateo’s adopted Ordinance included San Mateo County, incorporated cities within San Mateo, and 6 participating municipalities in Santa Clara County (including Cupertino). These participating jurisdictions were collectively called the “Study Area” in the EIR. The City is one of the 6 participating municipalities from the County of Santa Clara that were included in the EIR analysis for the County of San Mateo’s Ordinance. The City would adopt the County’s Reusable Carryout Bag Ordinance with a few minor changes that are specific to Cupertino. These minor revisions are discussed below in the project description. The City’s proposed Ordinance would have no new significant environmental effects beyond those identified in the County’s Certified Program EIR. Since the proposed Ordinance does not require substantial changes to the County’s Ordinance, major revisions of the EIR analysis are not warranted. As such, a subsequent EIR pursuant to Section 15162 of the CEQA Guidelines would not be warranted and an addendum is the appropriate environmental document under CEQA. This addendum includes a description of the currently proposed Ordinance in Cupertino and a comparison of the impacts of the proposed Ordinance to those identified for the County of San Mateo’s approved Ordinance, which was studied in the Final Program EIR that was certified on October 23, 2012. 380 Single-Use Carryout Bag Ordinance Environmental Impact Report Addendum City of Cupertino 2 PROJECT DESCRIPTION The proposed Cupertino Single-Use Carryout Bag Ordinance (“Ordinance”) would ban the issuance of plastic carryout bags and impose a minimum ten (10) cent charge on the issuance of recycled paper carryout bags at all retail establishments. Reusable bags may be given by a retailer without charge. The stores that would be affected are located within the City limits and include commercial establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to the customer. Public eating establishments or nonprofit charitable reusers would be exempt. The differences between the City’s proposed Ordinance and the ordinance adopted by the San Mateo County include the following: Under the County’s ordinance, recycled paper and reusable bags may be made available by a retail establishment for a minimum charge of 10 cents. Under the City’s ordinance, there is no minimum charge for reusable bags. Reusable bags may be given by a retailer without charge. Under the County’s ordinance, the minimum charge for recycled paper and reusable bags would increase from 10 cents to 25 cents on January 1, 2015. This provision is not included in the City’s propose Ordinance. The minimum charge for recycled paper bags would not increase to 25 cents. The minimum charge would remain at 10 cents. Under the County’s Ordinance stores affected by the ordinance must keep records of the purchase and sale of recycled paper or reusable bags for three years from the date of purchase. This provision is not included in the City’s proposed Ordinance. The differences between the City of Cupertino and County of San Mateo Ordinances as listed above are minor changes that would not significantly alter any of the bag use assumptions in the County of San Mateo’s Final EIR (adopted October 2012). Consistent with the County’s adopted Ordinance, with a ban on single-use plastic carryout bags and a minimum charge of 10 cents for recycled paper bags in the City’s Ordinance, it is assumed that 65% of plastic bag use would be switched to reusable bags and 30% would switch to recycled paper bags.1 An estimated 31,340,682 plastic bags are currently used annually in the City of Cupertino. With a proposed Ordinance, as shown in Table 1, total bag use would be reduced to approximately 11,360,998 carryout bags per year. This bag use was considered in the County’s Final EIR analysis, which analyzed bag use in San Mateo County and in 6 participating municipalities in the County of Santa Clara. Thus, even with the minor changes to the text of the Ordinance, the total bag use that would result from the City’s proposed Ordinance would be the same as that analyzed in the County’s Final Program EIR. 1 Assumption from Table B-2, Herrera Fiscal Analysis, 2010 and City of San Jose Single-Use Carryout Bag Ordinance FEIR (SCH # 2009102095). Though the City’s proposed Ordinance would allow retail establishments to provide reusable bags free of charge, it is assumed that most retailers would include a charge. The assumption in the Herrera Fiscal Analysis of 30% switch to paper bags and 60% switch to reusable also assumes no charge for reusable bags. 381 Single-Use Carryout Bag Ordinance Environmental Impact Report Addendum City of Cupertino 3 Table 1 Existing and Proposed Bag Use Area Existing Plastic Bags Proposed Plastic Bags: 5% Remain (exempt retailers) ¹ Proposed Reusable Bags: 65% Switch to Reusable¹ Proposed Paper Bags: 30% Switch to Paper¹ Proposed Total Carryout Bags County of San Mateo EIR Study Area 552,931,362 27,646,568 165,879,409 6,911,642 200,437,619 Cupertino 34,340,682 1,567,034 391,759 9,402,205 11,360,998 ¹ Rates utilized in the County of San Mateo Final EIR, SCH #2012042013, and City of San Jose Final EIR, SCH # 2009102095, October 2010. The proposed bag use assumptions used in the environmental analysis contained in the County’s Final Program EIR analyzed a $0.10 fee on recyclable paper bags because under a $0.10 fee, more customers would likely pay for recyclable paper bags in comparison to a $0.25. Because more paper bags would be used under a $0.10 fee rather than under a $0.25 fee, and thus greater environmental impacts associated with paper bags, the County’s Final Program EIR used the $0.10 fee as a “worst case” scenario in analyzing environmental impacts. As discussed in Section 6.0, Alternatives, in the County of San Mateo’s Draft EIR, the EIR included an Alternative (Alternative #3) that considered a $0.25 fee on recyclable paper bags which was considered “environmentally superior” to the County’s Proposed Ordinance (with a $0.10 fee) as the $0.25 fee would result in the use of fewer recyclable paper bags (and more reusable bags). Nevertheless, as discussed in Section 6.0, Alternatives, of the County’s Draft EIR, the County’s Proposed Ordinance would not have any significant impacts; therefore, adopting an environmentally superior alternative rather than the County’s Proposed Ordinance would not avoid any significant environmental effects. As such, the EIR analysis and CEQA findings that were adopted by the County Supervisors were based on the environmental impacts associated with a $0.10 fee. Thus the City’s proposed Ordinance, which would not increase the fee for recyclable paper bags to $0.25, would be similar to the project considered in the County’s EIR. Further, it should be noted that the bag use assumptions used in the environmental analysis contained in the County’s Final Program EIR were not based on a fee for recyclable bags or whether retailers kept records of the purchase and sale of recycled paper or reusable bags for three years. Thus, under the City’s proposed Ordinance which would not require a fee for recyclable bags or the provision that requires retailers keep records of the purchase and sale of recycled paper or reusable bags, the bag use assumptions would be the same as in the County’s Final Program EIR. The City’s objectives for the proposed Ordinance would be the same as San Mateo County’s objectives for the countywide ordinance. The objectives as described in the County’s Final EIR include: Reducing the amount of single-use plastic bags in trash loads (e.g., landfills), in conformance with the trash load reduction requirements of the NPDES Municipal Regional Permit Reducing the environmental impacts related to single-use plastic carryout bags, such as impacts to biological resources (including marine environments), water quality and utilities (solid waste) 382 Single-Use Carryout Bag Ordinance Environmental Impact Report Addendum City of Cupertino 4 Deterring the use of paper bags by customers in the respective jurisdictions Promoting a shift toward the use of reusable carryout bags by retail customers in the respective jurisdictions Avoiding litter and the associated adverse impacts to stormwater systems, aesthetics and the marine environment (San Francisco Bay and the Pacific Ocean) ENVIRONMENTAL IMPACTS This section addresses each of the environmental issues studied in the Final EIR, comparing the effects of the proposed Cupertino Single-Use Carryout Bag Ordinance with the effects of the County of San Mateo Reusable Bag Ordinance that was the subject of the adopted Final Program EIR. In addition to stating the County’s finding for each impact statement, the analysis includes a discussion of the City’s impact related to adopting its own plastic carryout bag ban ordinance and the impacts associated with implementation of such an ordinance citywide. The City’s proposed Ordinance would not change any of the impacts identified as less than significant in the County’s EIR Initial Study (Appendix A of the Draft EIR). Each of those impacts would remain less than significant for the City’s proposed Ordinance. As such, further discussion of these issues in this addendum is not warranted. Air Quality The City’s proposed Ordinance would have impacts related to Air Quality similar to those of the previously studied San Mateo County Ordinance. The City’s existing and proposed bag use was considered in the County’s Final EIR analysis, which analyzed bag use in San Mateo County and in 6 participating municipalities in the County of Santa Clara. Therefore, all of the carryout bags that would be subject to the City’s proposed Ordinance have already been analyzed for air quality impacts as part of the County’s Final EIR and, as shown below, impacts would be no greater than what was already determined in the County’s Final EIR. Like the County’s Ordinance, the City’s proposed Ordinance does not involve any construction activities; therefore, there would be no regional or localized construction impacts and consideration of construction air quality impacts is not relevant. Thus, this analysis focuses on operational impacts. As studied in the County’s Final EIR, operational impacts include emissions associated with bag manufacture, transportation, and use as well as emissions resulting from increased delivery trips. Emissions from Manufacture, Transportation and Use As described in Section 4.1 of the County’s Final EIR, the County’s Ordinance would be expected to result in an overall decrease in ozone and atmospheric acidification (AA) emissions. Table 2 shows the estimated daily emission changes that would result if the County of San Mateo and participating cities in Santa Clara County (including Cupertino) were to implement a plastic bag ban ordinance similar to the County’s Ordinance. The emissions related to converting from plastic to paper and reusable bags as a result of the City’s proposed Ordinance are also shown in Table 2. As shown, ozone and atmospheric acidification emissions would decrease in Cupertino. Therefore, similar to the County’s determination in the Final EIR, air 383 Single-Use Carryout Bag Ordinance Environmental Impact Report Addendum City of Cupertino 5 quality impacts from the manufacture, transportation and use of carryout would be beneficial compared to existing conditions. Table 2 Estimated Emission Changes Due to the County’s Ordinance and the City’s Ordinance Emission Source Ozone Emissions per year (kg) AA Emissions per year (kg) San Mateo County Ordinance (6,884) (205,220) City of Cupertino Ordinance (390) (11,632) ( ) denotes decrease in emissions compared to existing conditions Source: San Mateo County Draft Program EIR, June 2012, Table 4.1-5 and Appendix B Emissions Resulting From Increased Delivery Trips Similar to the County’s Ordinance, the City’s proposed Ordinance would be expected to cause a potential increase in delivery truck trips required to transport paper and reusable carryout bags to affected stores. As stated in the County’s Final EIR, the County’s Ordinance would result in an overall increase of approximately 1.57 truck trips per day in the Study Area. Using the County’s methodology to determine truck trips, the City of Cupertino’s contribution to this increase would be approximately 0.09 truck trips per day.2 As shown in Table 3, similar to the County’s Ordinance, the increase of truck trips in the City would not result in an exceedance of any thresholds of significance set by the BAAQMD. Consistent with the County’s Ordinance, impacts related to mobile emissions from the City’s proposed Ordinance would be less than significant. Table 3 Estimated Daily Emissions From Increased Truck Trips Emission Source Emissions (lbs/day) ROG NOx PM2.5 PM10 San Mateo County Ordinance 0.02 0.23 0.03 0.01 City of Cupertino Ordinance <0.01 0.01 <0.01 <0.01 BAAQMD Threshold 54 54 82 54 Significant Impact? No No No No County Ordinance Significant Impact? No No No No Source: San Mateo County Draft Program EIR, August 2012, table 4.1-6; and, URBEMIS output (see Appendix A). 2 Existing bag use in Cupertino estimated to be 31,340,682 plastic bags per year. Assuming that 30% of existing plastic bag use would switch to paper (9,402,205 paper bags), 65% would switch to reusable bags (391,759 reusable bags assuming 52 uses a year) and 5% would remain (1,567,034 plastic bags) to account for exempt retailers. Assuming 2,080,000 plastic bags per truck load, 217,665 paper bags per truck load, and 108,862 reusable bags per truck load. 384 Single-Use Carryout Bag Ordinance Environmental Impact Report Addendum City of Cupertino 6 Biological Resources As with the County’s Ordinance, the City’s proposed Ordinance would result in a reduction in the use and disposal of plastic carryout bags and an increase in the use and disposal of recycled paper and reusable bags. As such, the City’s ordinance would incrementally reduce the amount of single-use plastic bag litter that could enter the marine environment and affect sensitive species. The City’s Ordinance would also be anticipated to increase consumer use of recycled paper and reusable carryout bags, which, as discussed in the County’s Final EIR, have not been widely noted to have adverse impacts upon biological resources. Although reusable bags may become a part of the waste stream, because they can be reused multiple times and are heavier than plastic carryout bags, the number of reusable bags that would likely end up as litter which could impact biological resources would be lower than the number of plastic or paper carryout bags. In addition, because paper bags are not as resistant to biodegradation, paper bags do not persist in the marine environment for as long as plastic bags. For the reasons stated above, consistent with the findings of the County’s Final EIR, the City’s proposed Ordinance would result in beneficial effects on sensitive wildlife species and sensitive habitats. Greenhouse Gas Emissions Carryout bags have the potential to contribute to the generation of greenhouse gas emissions (GHGs) either through emissions associated with manufacturing process of carryout bags, truck trips delivering carryout bags to retailers or through disposal during landfill degradation. For this analysis, the City’s proposed Ordinance is evaluated based on the project-level threshold of 4.6 metric tons CO2E per service population per year (BAAQMD, June 2010). Based on existing population and employment data provided by the California Department of Finance (2012), the existing population in Cupertino is approximately 59,022. Manufacturing, Transportation, and Disposal As discussed in the County’s Final EIR, the manufacture, transport, and disposal of a single-use paper bag generates 3.3 times more GHG emissions than the manufacture, transport, and disposal of a single-use plastic bags. If only used once, the manufacture, use, and disposal of a reusable carryout bag results in 2.6 times the GHG emissions of a single-use plastic bag. However, reusable carryout bags are intended to be used multiple times. With reuse of carryout bags, the total carryout bags that would be manufactured, transported and disposed of would be reduced. The County’s Ordinance would be expected to contribute indirectly to an overall increase of approximately 6,418 metric tons of CO2E emissions per year, or 0.006 metric tons CO2E per person, as shown in Table 4. Thus, the County’s Final EIR determined that the County’s Ordinance would not exceed BAAQMD thresholds and therefore impacts related to the manufacturing of paper bags would be less than significant. Similarly, for the City’s proposed Ordinance, the conversion of plastic to paper and reusable bags would increase GHG emissions in the City by approximately 364 metric tons per year or 0.006 metric tons per person as shown in Table 4. As such, consistent with the findings of the County’s Final EIR, the City’s proposed Ordinance would have a less than significant impact related to GHG emissions. 385 Single-Use Carryout Bag Ordinance Environmental Impact Report Addendum City of Cupertino 7 Table 4 Estimated GHG Emissions Emission Source CO2e Emissions (metric tons/year)¹ Metric Tons per Year per Capita San Mateo County Ordinance 6,418 0.006 City of Cupertino Ordinance 364 0.006 1 Represents a net change in GHG emissions compared to existing plastic bag use Source: San Mateo County Draft Program EIR, August 2012 Consistency with Applicable GHG Plans and Policies Consistent with the County Ordinance, the City’s Ordinance would be consistent with the CAT strategies and measures suggested in the Attorney General’s Greenhouse Gas Reduction Report as discussed in tables 4.3-3 and 4.3-4 of the County’s EIR. Therefore, the proposed Ordinance would be consistent with the objectives of AB 32, SB 97, and SB 375. Impacts would be less than significant. Hydrology and Water Quality Hydrology and water quality impacts would be similar to those identified in the County’s Final EIR. The following discusses the impacts related to drainage and surface water quality that would result from implementation of the City’s proposed Ordinance. Drainage Consistent with the findings of the County’s Final EIR, the City’s proposed Ordinance would not require construction of new structures or additional storm water infrastructure. Consequently, the capacity of existing storm water drainage would remain unchanged and redirecting storm water flows would be unnecessary. Single-use plastic bags that become litter may enter storm drains from surface water runoff or may be blown directly into local waterways by the wind. By banning plastic carryout bags within the City, the Ordinance would improve the existing drainage capacity by removing a significant source of trash that can clog features of the system and reduce its capacity. Therefore, consistent with the findings of the County’s Final EIR, the proposed Ordinance would not result in significant adverse impacts to hydrology and water quality related to drainage. Surface Water Quality As noted in the County’s Final EIR, the manufacturing processes for single-use plastic, single- use paper, and reusable bags utilize various chemicals and materials. The City’s ordinance would reduce plastic bag use by 95% and increase the use of recycled paper and reusable bags. With implementation of the City’s ordinance, approximately 11 million single-use bags (including single-use paper, single-use plastic, and reusable bags) would be manufactured for use in the City—a decrease of 64% compared to existing conditions. Consequently, the City’s proposed Ordinance would reduce the overall impacts to water quality associated with bag manufacturing. Furthermore, manufacturing facilities would be required to adhere to existing 386 Single-Use Carryout Bag Ordinance Environmental Impact Report Addendum City of Cupertino 8 federal, state and local regulations. Therefore, impacts to water quality related to the potential change of processing activities as a result of the City’s Ordinance would not be significant, which is consistent with the County’s Final EIR. Utilities and Service Systems Impacts to utilities and service systems as a result of the City’s proposed Ordinance would be similar to impacts discussed in the County’s Final EIR. The following summarizes the impacts related to wastewater collection and treatment, water supply, and solid waste for the City’s proposed Ordinance compared to the findings contained in the County’s Final EIR. Water Supply Carryout bags would indirectly result in water use through the manufacturing process of carryout bags. As discussed in the County’s Final EIR, the conversion from plastic bags to paper carryout bags and reusable carryout bags would result in an increase of water use from the manufacturing process of paper and reusable bags. Manufacturing facilities of carryout bags are not known to be located within San Mateo or Santa Clara Counties. Therefore, manufacturing facilities would not utilize the water supplies of either County or of the City of Cupertino. In addition to water use from manufacturing carryout bags, the proposed Ordinance may result in increased water use as reusable bags would be washed. The County’s Final EIR determined that the water demand from washing reusable bags would increase by 395.19 acre-feet per year (AFY). The City’s contribution to this countywide increase would be 44.2 AFY as a result of the City’s proposed Ordinance. Total water use in Santa Clara County is estimated to be 332,900 AFY in calendar year 2010. The increase of water demand would represent approximately 0.013% of the total water supplied to the County. This increase would not have significant impacts. As noted above, there is no known manufacturing and production of paper carryout bags in the Study Area (or in the City of Cupertino). Therefore, any increase in water supply necessary for paper carryout bag manufacturing would not impact suppliers in the County and the proposed Ordinance, consistent with the findings in the County’s Final EIR, would not be anticipated to necessitate new or expanded entitlements for water. Consistent with the Final EIR, impacts would be less than significant. Wastewater Generation As noted in the County’s Final EIR, no manufacturing facilities for paper carryout bags appear to be located within the Study Area. Therefore, any increase in wastewater generation due to paper carryout bag manufacturing would not affect wastewater treatment providers in the Study Area. Nevertheless, in the County’s Final EIR, assuming that 100% of the water used to wash reusable bags would become wastewater, there was an expected increase in wastewater of approximately 395 AFY per year (128,774,812 gallons) or approximately 352,808 gallons per day. The San Jose/Santa Clara Water Pollution Control Plant, which serves Cupertino, has a remaining capacity of 47 million gallons per day (MGD) and therefore has capacity to treat the increase in wastewater from the City’s ordinance. The City’s proposed Ordinance would not change the conclusions regarding wastewater generation since the estimated increase of wastewater and impacts related to wastewater generation for the City’s proposed Ordinance would be less than significant. 387 Single-Use Carryout Bag Ordinance Environmental Impact Report Addendum City of Cupertino 9 Solid Waste As described in the County’s Final EIR, based on the Ecobilan LCA data, the County’s Ordinance would reduce solid waste by 2,180 tons per day. Also, as shown in Table 5, the City’s proposed Ordinance would also result in a reduction of approximately 123 tons of solid waste per year. However, as shown in Table 5, using the Boustead data, the County’s Final EIR determined that the ordinance would result in an increase of approximately 255 tons of solid waste per year. Of this total countywide, approximately 86 tons of solid waste per year, or 0.24 tons per day, would be directly related to implementation of the City’s proposed Ordinance. As stated in the County’s Final EIR, the permitted daily maximum throughput of the Newby Island Landfill, which serves the City of Cupertino, is 4,000 tons per day. For the City’s proposed Ordinance, using the worst case scenario (the Boustead data) the potential increase of 0.24 tons of solid waste per day would represent approximately 0.00006% of the daily capacity of the landfill. Thus, the existing waste disposal facilities in the City could accommodate any indirect increases in solid waste related to the City’s proposed Ordinance. Similar to the findings in the County’s Final EIR, impacts related to solid waste would be less than significant. Table 5 Solid Waste Generation Due to Plastic and Paper Carryout Bags Solid Waste Sources Solid Waste Generation (tons per year) Ecobilan Boustead San Mateo County Ordinance (2,180) 1,524 City of Cupertino Ordinance (123) 86 Sources: Ecobilan. February 2004; Boustead Consulting and Associates Ltd. 2007. ( ) denotes reduction in solid waste compared to existing conditions Assumes a 36.8 percent of paper carryout bags are diverted from landfills and 11.9 percent of plastic carryout bags are diverted from landfills, based on the 2007 USEPA recycling rates. Conclusion As discussed above, impacts from the City’s proposed Ordinance related to air quality, biological resources, greenhouse gases, hydrology and water quality, and utilities and service systems were determined to have similar impacts as San Mateo County’s Final EIR. All of these issues were determined to result in either less than significant impacts or beneficial impacts. Based on the City’s determination that none of the impacts of the proposed Ordinance would be significant, no new significant environmental effects beyond those already analyzed in San Mateo County’s Final EIR would occur. 388 Single-Use Carryout Bag Ordinance Environmental Impact Report Addendum City of Cupertino 10 LIST OF REFERENCES Bay Area Air Quality Management District. June 2010, Updated May 2011. CEQA Air Quality Guidelines. Retrieved From: http://www.baaqmd.gov/~/media/Files/Planning%20and%20Research/CEQA/BAAQM D%20CEQA%20Guidelines_December%202010.ashx Bay Area Air Quality Management District. Adopted September 2010. Bay Area 2010 Clean Air Plan. Bay Area Air Quality Management District Homepage: CEQA Guidelines. Accessed May 2012. Available at: http://www.baaqmd.gov/Divisions/Planning-and-Research/CEQA- GUIDELINES/Updated-CEQA-Guidelines.aspx Boustead Consulting and Associates Ltd. 2007. Life Cycle Assessment for Three Types of Grocery Bags – Recyclable Plastic; Compostable, Biodegradable Plastic; and Recycled, Recyclable Paper. Prepared for the Progressive Bag Alliance. California Department of Finance. May 2012. “E-5 Population and Housing Estimates for Cities, Counties, and the State, 2010-2012, with 2010 Benchmark.” City of Huntington Beach. February 2012. Single-Use Carryout Bag Ordinance. Draft Environmental Impact Report, SCH #2011111053. City of San Jose. May 2011. Environmental Services. San Jose/Santa Clara Water Pollution Control Plant. Last Updated May 24, 2011. Retrieved From: http://www.sanjoseca.gov/esd/wastewater/water-pollution-control-plant.asp. City of San Jose. Single-Use Carryout Bag Ordinance. Final Environmental Impact Report. SCH # 2009102095. October 2010. City of Santa Monica. January 2011. Santa Monica Single-use Carryout Bag Ordinance. Final Environmental Impact Report (SCH# 2010041004). City of Sunnyvale. December 2011. Sunnyvale Single-Use Carryout Bag Ordinance. Final Environmental Impact Report (SCH#2011062032). County of Los Angeles. Ordinances to Ban Plastic Carryout Bags in Los Angeles County Final Environmental Impact Report (SCH#2009111104). Certified by the Los Angeles County Board of Supervisors November 16, 2010. County of San Mateo. Reusable Bag Ordinance (formerly Single Use Bag Ban Ordinance) Final Program EIR. Adopted October 2012 (SCH#2012042013). County of San Mateo. Single Use Bag Ban Ordinance Draft Program EIR. June 2012 (SCH#2012042013). 389 Single-Use Carryout Bag Ordinance Environmental Impact Report Addendum City of Cupertino 11 County of Santa Clara. October 2010. Initial Study for Single-use Carryout Bag. Ecobilan. 2004. Environmental impact assessment of Carrefour bags. Report prepared for Carrefour by Ecobilan. February 2004. Herrera et al. 2008. “Alternatives to Disposable Shopping Bags and Food Service Items. Volume I and II. Prepared for Seattle Public Utilities. January 2008. Herrera Environmental Consultants. June 2010. City of San José Single-Use Carryout Bag Fee Fiscal Analysis – Final Report. Santa Clara Valley Water District (SCVWD). 2010. Urban Water Management Plan 2010. Retrieved From: http://www.valleywater.org/Services/UWMP2010.aspx. URBEMIS Model, Version 9.2.2. 2007. United States Department of Energy. Energy Information Administration. Annual Energy Review from the U.S. Government. August 2010. http://www.eia.gov/aer/envir.html. United States Environmental Protection Agency (U.S. EPA). Climate Change Technology Program (CCTP). December 2007. http://www.epa.gov/climatechange/policy/cctp.html. U.S. EPA. Inventory of U.S. Greenhouse Gas Emissions and Sinks:1990-2009. USEPA #430-R-11-005. April 2011. http://www.epa.gov/climatechange/emissions/usinventoryreport.html. U.S. EPA. 2005. Characterization of Municipal Solid Waste. Table 7. As reported in County of Los Angeles, 2007. REPORT PREPARERS Rincon Consultants, Inc. Joe Power, AICP, Principal Matt Maddox, MESM, Senior Program Manager Karly Kaufman, Environmental Planner Katie Stanulis, Production Coordinator 390 Single-Use Carryout Bag Ordinance Environmental Impact Report Addendum City of Cupertino 12 This page intentionally left blank 391 Appendix A Air Quality URBEMIS Results 392 1/21/2013 2:03:17 PM Page: 1 Urbemis 2007 Version 9.2.4 File Name: C:\Users\mmaddox\AppData\Roaming\Urbemis\Version9a\Projects\Cupertino Ordinance.urb924 Project Name: San Mateo County Bag Ban Ordinance EIR - City of Cupertino Project Location: Bay Area Air District On-Road Vehicle Emissions Based on: Version : Emfac2007 V2.3 Nov 1 2006 Off-Road Vehicle Emissions Based on: OFFROAD2007 Summary Report for Summer Emissions (Pounds/Day) TOTALS (lbs/day, unmitigated)0.000.010.000.000.000.00 2.68 SUM OF AREA SOURCE AND OPERATIONAL EMISSION ESTIMATES ROG NOx CO SO2 PM10 PM2.5 CO2 TOTALS (lbs/day, unmitigated)0.000.010.000.000.000.00 2.68 OPERATIONAL (VEHICLE) EMISSION ESTIMATES ROG NOx CO SO2 PM10 PM2.5 CO2 393 1/21/2013 2:03:41 PM Page: 1 OPERATIONAL EMISSION ESTIMATES (Summer Pounds Per Day, Unmitigated) Cupertino Bag Ban Ordinance 0.00 0.01 0.00 0.00 0.00 0.00 2.68 TOTALS (lbs/day, unmitigated)0.00 0.01 0.00 0.00 0.00 0.00 2.68 Source ROGNOX COSO2PM10PM25 CO2 Analysis Year: 2013 Temperature (F): 85 Season: Summer Emfac: Version : Emfac2007 V2.3 Nov 1 2006 Does not include correction for passby trips Does not include double counting adjustment for internal trips Cupertino Bag Ban Ordinance 0.091000 sq ft1.00 0.09 0.67 0.09 0.67 Summary of Land Uses Land Use Type AcreageTrip RateUnit TypeNo. UnitsTotal TripsTotal VMT Light Truck < 3750 lbs 0.0 0.8 96.9 2.3 Light Auto 0.0 0.6 99.2 0.2 Vehicle Fleet Mix Vehicle Type Percent Type Non-Catalyst Catalyst Diesel File Name: C:\Users\mmaddox\AppData\Roaming\Urbemis\Version9a\Projects\Cupertino Ordinance.urb924 Project Name: San Mateo County Bag Ban Ordinance EIR - City of Cupertino Project Location: Bay Area Air District On-Road Vehicle Emissions Based on: Version : Emfac2007 V2.3 Nov 1 2006 Off-Road Vehicle Emissions Based on: OFFROAD2007 Urbemis 2007 Version 9.2.4 Detail Report for Summer Operational Unmitigated Emissions (Pounds/Day) 394 1/21/2013 2:03:41 PM Page: 2 Other Bus 0.0 0.0 0.0 100.0 Heavy-Heavy Truck 33,001-60,000 lbs 100.0 0.0 0.0 100.0 Motor Home 0.0 0.0 83.3 16.7 School Bus 0.0 0.0 0.0 100.0 Motorcycle 0.0 56.2 43.8 0.0 Urban Bus 0.0 0.0 0.0 100.0 Light Truck 3751-5750 lbs 0.0 0.5 99.5 0.0 Med-Heavy Truck 14,001-33,000 lbs 0.0 0.0 20.0 80.0 Med Truck 5751-8500 lbs 0.0 0.0 100.0 0.0 Lite-Heavy Truck 10,001-14,000 lbs 0.0 0.0 50.0 50.0 Lite-Heavy Truck 8501-10,000 lbs 0.0 0.0 77.8 22.2 Vehicle Fleet Mix Vehicle Type Percent Type Non-Catalyst Catalyst Diesel % of Trips - Residential 32.9 18.0 49.1 Trip speeds (mph)35.0 35.0 35.0 35.0 35.0 35.0 % of Trips - Commercial (by land use) Cupertino Bag Ban Ordinance 2.0 1.0 97.0 Rural Trip Length (miles)16.8 7.1 7.9 14.7 6.6 6.6 Urban Trip Length (miles)10.8 7.3 7.5 9.5 7.4 7.4 Travel Conditions Home-WorkHome-ShopHome-OtherCommuteNon-WorkCustomer Residential Commercial 395 1/21/2013 2:03:41 PM Page: 3 Operational Changes to Defaults 396 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0398 Name: Status:Type:Reports by Council and Staff Agenda Ready File created:In control:8/27/2014 City Council On agenda:Final action:9/2/2014 Title:Subject: Public Works Construction Project Update Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council9/2/20141 Subject:Public Works Construction Project Update Receive Construction Project Update CITY OF CUPERTINO Printed on 8/27/2014Page 1 of 1 powered by Legistar™ 397