Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
10-065 Recology, Collection Agreement, Recyclables, Compostables and Garbage
SECOND AMENDMENT TO FRANCHISE AGREEMENT BETWEEN THE CITY OF CUPERTINO AND RECOLOGY CUPERTINO FOR COLLECTION AND PROCESSING OF RECYCLABLE AND COMPOST ABLE MATERIALS, AND THE COLLECTION AND DISPOSAL OF GARBAGE This Second 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 December 19, 2017, 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. The effective and orderly handling of solid waste 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 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 and disposal rates must be established at levels which are commensurate with the cost of carrying out that responsibility. C. 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 OF CUPERTINO and RECOLOGY CUPERTINO ("Franchisee") ("Agreement") for a term of five years , from 12:00 A.M . on November 1, 2010 to 11 :59 P.M. on October 31, 2015. D. On September 2, 2014 a First Amendment was entered into by and between CITY and Franchisee ("First Amendment") extending the term to eight years and 3 months from 12:00 A.M. on November I, 2010 to 11 :59 P.M. on January 31, 2019 . E. The City and Franchisee desire to amend the Agreement a second time extending the First Amendment term an additional two years to 11:59 P.M. on January 31, 2021, commencing 12:00 A.M. on December 20, 2017. F . The City and Franchisee have agreed to a goal of 75% diversion for calendar year 2018 to be calculated by the CalRecycle formula for Diversion Rate Equivalent, by population (residential) and by employment ( commercial). G. 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 Resource Code Sections 40059 and 49300, City has the authority within its jurisdiction to regulate the handling ~£ Garbage. City accordingly entered into this Agreement pursuant to the above authority and pursuant to City Municipal Code, Title 6, Chapter 6.24, section 6.24.010. H . 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 1 -Definitions, Sections 1.7, 1.29, 1.31, 1.32 and 1.33 are modified and 1 .42 and 1.43 are added to read as follows: 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 cardboard that decompose biologically, which are separated by the Service Recipient from other materials with less than an estimated ten percent (10 %) by weight of materials other than those listed as "Compostable Materials" in EXHIBIT A. 1.29 Non-Residential Garbage Containers -"Non-Residential Garbage Containers" means 32-gallon, 64-gallon, or 96-gallon carts, and metal or plastic bins from 1 to 8 cubic yard capacity, provided by Franchisee for use by Non- Residential Service Recipients for Garbage collection services under this Agreement. 1.31 Recyclable Materials -"Recyclable Materials" means those materials that can be reh1rned to economic use as raw material for new, reused, or reconstituted products, which are separated by the Service Recipient from other materials with less than an estimated ten percent (10 %) contamination, 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 Recipients by the Franchisee or City for the collection o f Recyclable Materials. Residential Recyclable Materials overages may be placed in any additional durable container which is provided by a Service Recipient for collection of Recyclable Materials; and any wheeled cart, metal or plastic bin of from 1 to 8 cubic yard capacity, provided by Franchisee for 2 use by Non-Residential Service Recipients for collection services under this Agreement which is clearly labeled as a recycling container. 1.33. Residential Service Recipient -"Residential Service Recipient" means all residences within the Franchise Area (including all multifamily dwellings. "Multi- family" is defined as any premises, excluding a hotel, motel, or lodging house , used for residential purposes containing five (5) dwelling units or more, irrespective of whether the residency is transient, temporary or permanent), 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. 1.42 Decal -"Decal" means a permanently affixed weather-resistant label identifying with words and colored pictures, the type of material to be placed within a wheeled cart container. 1.43 Wheeled Cart Containers -"Wheeled Cart Containers" means 32, 64, 96 gallon or other similarly sized push carts used for residential, multi-family, and commercial waste services. 2. Article 2 -Term of Agreement, Sections 2.1, 2.2, 2.2.1, 2.2.2, 2.2.3, 2.2.4 are modified to read as follows: 2.1 Term -The term of this Agreement, which commenced 12:00 AM. on November 1, 2010 and continued to 11:59 P.M. on October 31, 2015 and was extended on September 2, 2014 to 11:59 on January 31, 2019, is hereby extended for a second time from 12:00 AM. on December 20, 2017 to 11:59 P.M. on January 31, 2021, inclusive, subject to Article 16 of this Agreement. 2.2 Option to Negotiate New Agreement --City shall have the option to negotiate a new ten year agreement that may begin at 12:00 AM. on January 31, ,, ' 2021 and end at 11 :59 P.M. on January 31, 2031 if Franchisee has: 2.2.1 Diversion -To the maximum extent possible!, achieved fifty 50 %) commercial and multi-family diversion rate by January 1, 2020 (as calculated in Exhibit H); and achieved a minimum seventy-five percent (75%) diversion rate under the terms of this Agreement for calendar year 2018 based on CalRecycle' s diversion rate equivalent (DRE) for both residential (per capita by population) and commercial (per capita by employment) sectors (as calculated in Exhibit H). This calculation will not include disposal volumes attributed to the City of Cupertino 1 The C ity 's 75% diversion goal , set in 20 I 0, is subject to available markets for recyclable materials (e.g. mixed paper, old newspaper, plast ics , etc.). Of particular concern in Fall 2017 is that China notified the World Trade Organization in Jul y 2017 that by end of2017 it would ban imports of24 kinds of solid waste , including un sorted waste paper, waste plastics, mo st scrap pl ast ic s including PET, PVC polyeth ylene , polystyrene, mixed paper, slag from steelmaking, and waste textile s. 3 that are reported to CalRecycle on the Disposal Reporting System (DRS) and which are not in any way handled by or associated with Recology Cupertino collection programs. CalRecycle's calculation of the City's DRE for 2018 should be available by November 30, 2019, after submittal of the City's annual report data in August 2019, and; 2.2.2 Program Development -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.) and multi-family establishments that appear based on subscribed volume to be generating four (4) cubic yards or more of total waste per week with bins, signage, educational outreach and materials, and collection service for organics composting by July 1, 2018 and; 2.2.3 Limited Cost Adjustments -Cooperatively and proactively worked with City in connection with limited cost adjustment requests for residential and non- residential services so that the cost of organics processing to the City incorporates efficiencies identified in any City directed and paid audits and; 2.2.4 Intent to Exercise Option to Renegotiate Agreement -Notified City of its intent to exercise this option to renegotiate the Agreement in writing, on or before January 31, 2020. If muh1ally agreeable to the City and the Franchisee and if CalRecycle has not provided sufficient data to verify the City's accurate 2018 diversion rate equivalent by January 5, 2020, this Agreement may be extended for eleven (11) months to January 1, 2022. 3. Article 4 -Collection Services, Sections 4.1.1., 4.1.2., 4.1.5., 4.1.7., 4.3.2., 4.3 .3 ., 4 .3.4., 4.4, 4.4.1., 4.4.2., 4.4.3., 4.4.4., 4.8.1., 4.8.3., 4 .9, 4.9.1., 4.9.3. and 4.10, are modified and 4.1.7 added to read as follows: 4.1.1. Beginning November 1, 2010 and continuing through the term of this Agreement, Franchisee shall perform collection services as provided in this Article 4. All such services shall be performed in a thorough and professional manner regardless of weather conditions and difficulty of collection. Commercial collection services shall occur only between the hours of 6:00 AM and 5:00 PM, unless specifically approved in advance in writing by City Representative. Residential collection services shall comply with the City's noise ordinance and occur only between the hours of 7:00 AM and 5:00 PM, unless specifically approved in advance in writing by the City Representative. In all areas where residential properties are adjacent to commercial properties or close enough that the collection vehicle noise disrupts sleeping residents, collection shall not start 4 before 8:00 AM on Monday through Friday, and not before 9:00 AM on Saturday, Sunday, and Holidays. 4.1.2. All Residential Recyclable Materials, and Compostable Materials and Garbage collected pursuant to this Agreement shall be and become the property of the Franchisee at the time these materials are placed in the City or Franchisee supplied collection containers. All Non-Residential Recyclable Materials and Compostable Materials and Garbage collected pursuant to this Agreement shall be and become the property of the Franchisee at the time these materials are placed in the collection containers. The City reserves the right to approve or disapprove the destination facility and the method of processing for all solid waste and other materials collected for disposal by the Franchisee from within the City's jurisdictional boundaries, provided, however, that if City revokes approval of any such facility, Franchisee shall be entitled to an adjustment in compensation in an amount sufficient to cover Franchisee's increased costs of using an alternative facility, and shall not be required to use an alternative facility until such adjustment has been implemented. The facilities to which Franchisee delivers material as of November 1, 2017 shall be deemed approved by City and for cost purposes shall represent the baseline cost. Franchisee shall notify the City at least four weeks in advance of any planned changes to the collection and processing of materials collected in City, including residential day of service collection, and processing facilities to which recyclables or organics will be delivered. City will not authorize any change to collection and/or processing, or any additional requests in compensation, that reduces the ability of the Franchisee to achieve the 75% diversion goal. Franchisee shall, to the maximum extent practicable, ensure that collected loads of Recyclable Materials and Compostable Materials are not redirected to the landfill by the driver due to contamination. Franchisee shall, to the extent practicable, remove or have the Service Recipient remove, contaminants that are not listed as acceptable recyclable materials in Exhibit A. Franchisee may leave a Non-Collection Notice (NCN) and not service Recyclable Materials Containers or Compostable Materials Containers that contain an estimated> 10% non-recyclable or non-compostable materials as defined in Exhibit A, thereby making the commercial customer responsible for rem9ving contaminants prior to collection. Franchisee may charge the commercial customer aJ eturn fee as listed in Exhibit B. Franchisee shall conduct collection in a manner which will ensure that Recyclable and Compostable Materials listed in Exhibit A will not be landfilled, and that City will receive the maximum credit to':Vard the State diversion mandates. 4.1.5 All collection vehicles and equipment shall be constructed and maintained to prevent leakage or spillage. Except when material is being loaded or unloaded, or when the vehicle is in the process of collection, Franchisee shall at all times keep Recyclable Materials, Compostable Materials, and Garbage loads completely 5 covered so as to prevent litter, leakage or spillage from the collection vehicle. Franchisee shall immediately clean up any litter, leakage or spillage (in the manner described 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 City for all reasonable costs incurred by City in the cleanup of all litter created by Franchisee in the performance of this Agreement and not cleaned up by Franchisee within eight (8) business hours after notice by City, and liquid 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. Prior to the purchase of new Collection Vehicles during the term of this Agreement, Franchisee shall certify to the City that the selected vehicles include hopper shielding to minimize litter while the contents of individual carts or bins are being unloaded and while the vehicle is traveling along City streets. If Franchisee continues to use existing equipment for more than one year from the date of the Second Amendment to this Agreement, Franchisee shall retrofit all Collection Vehicles with hopper shielding to prevent the scattering of litter during collection and transport of Recyclable Materials, Compostable Materials, or Garbage. Retrofits shall be completed before November 1, 2018. 4.1.7 All carts emptied on public streets shall be placed with the wheels against the curb in a location that does not block access to driveways. 4.3.2. Provision of Recyclable Materials Containers -Franchisee shall provide new or refurbished Recyclable Materials Containers, as described below, at no additional charge to each Residential Service Recipient that does not already have one. These Recyclable Materials Containers shall be delivered by Franchisee within five (5) Working Days of Request for initial service or replacement by the Residential Service Recipient. Recyclable Materials Containers removed by the Franchisee shall also be replaced by Franchisee within five (5) Working Days of their removal. Recyclable Materials Containers provided by Franchisee shall 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. To ensure consistency in container markings and colors, new and replacement containers shall be labeled and marked to the satisfaction of the City, the color of container for Recyclable Materials Containers shall be approved by the City before new or replacement Recyclable Materials Containers are purchased for customers. Decals specifying acceptable and unacceptable material for each container shall be applied as specified by City before containers are delivered to start new service and to new containers when damaged or mismarked containers are replaced. Replacement of decals as needed is the responsibility of the 6 Franchisee. All Recyclable 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. Franchisee is required to keep accurate count/inventory of containers used, date of purchase, and date of replacement. 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, except that Franchisee must notify the City Representative within two (2) Working Days of the uncontained materials and provide the address and contact for any Service Recipient that has been responsible for overflowing or uncontained Recyclable Materials more than once in a year. Franchisee shall have no obligation to collect cardboard boxes if they 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 determination to notify Service Recipient that an a~ditional cart will be delivered. Franchisee will notify the City Representative by email of the address and contact information for the account that generated the overage and received an additional recycling cart within two (2) Working Days of the additional cart delivery. Franchisee shall notify the City Representative and deliver to Service Recipient all requested additional Recyclable Materials Containers within five (5) Working Days of the request. 4.3.4 Non-Collection -Franchisee shall not be required to collect any Recyclable Materials that are not set out on a public street or other accessible location subscribed for; that are not set out ip accordance with the Municipal Code, and that are not set out in conformance :vyith S,~S90f1 .4.3.3 of this Agreement. If the Recyclable Materials are too contalrlinated to process (i.e . if the container appears to contain more than ten perc~nt (10 %) non-Recyclable Materials), Franchisee shall leave a Non-Collection Notice (NCN) and contact the account holder by phone to inform the Service Recipient that the cart was not serviced due to contamination. 7 Franchisee will by email provide the City with the account name and address associated with the contaminated Recyclable Materials within two (2) Working Days of the incident. Drivers shall not make the determination that material collected as Recyclable Materials shall be landfilled without notifying the City within one (1) Working Day. Only residue from the processing facility and loads rejected by the processor for contamination may be landfilled. 4.4 Residential Compostable Materials Collection -Franchisee shall, by no later than of June 30, 2018, provide one-half to one gallon capacity pitcher-style or pail containers for in-home storage of Compostable Materials to each unit whose complex is required by City ordinance to subscribe to Compostable Materials Collection service. Franchisee shall provide these pitchers or pails for each single- family household that sets up new service, and for existing Residential Service Recipients that have not received one, upon request by the Service Recipient or the City. The one-half to one gallon capacity pitchers or pails for in-home storage of Compostable Materials shall be of a type approved by City Representative and shall meet the requirements for such pitchers or pails specified in EXHIBIT H. Upon request, pitchers or pails shall be delivered within five (5) Working Days. City may keep a supply of in-home Compostable Materials storage pitchers or pails, purchased by Franchisee, to assist in delivery to Service Recipients. Franchisee shall 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, or Blossom Valley Organics North (BYON), unless an alternate site is approved by City Representative in writing, which may be communicated by email. 4.4.1. Frequency of Collection -Franchisee shall provide regular, scheduled collection of Compostable Materials from each Residential Service Recipient every week for single family homes. Compostable Materials Containers at multi-family establishments shall be serviced at a minimum weekly or more frequently if necessary to prevent offensive odors and pest infestations. Compostable Materials shall be collected from Compostable Materials Containers adjacent to the Recyclables or Garbage Containers. 4.4.2. Compostable Materials Containers (Residential) -Franchisee shall provide, upon request by the City Representative, a new or refurbished 24-gallon or 32-gallon Compostable Materials Container at no additional charge to each "Yard Waste Exempt" 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. 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. 8 Compostable Materials Containers provided by Franchisee shall be labeled for "Compost" or "Yard Waste/Organics", and "Property of the City of Cupertino" and shall not be marked with the Franchisee's name or logo. To ensure consistency in container markings and colors, new and replacement containers shall be labeled and marked to the satisfaction of the City, the color of container for Compostable Materials Containers shall be approved by the City before new or replacement Compostable Materials Containers are purchased for customers. Decals specifying acceptable and unacceptable material for each container shall be applied as specified by City before containers are delivered to start new service and to new containers when damaged or mismarked containers are replaced. Replacement of decals as needed is the responsibility of the Franchisee. 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 at the curb or another accessible designated collection area selected by Service Recipient and approved by City, or by Walk-Up as subscribed for by the Service Recipient. To promote maximum diversion at single-family residences, Franchisee shall deliver additional Compostable Materials Containers within five (5) Working Days from the date of the single-family 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 at single-family residences To promote maximum diversion at multi-family residences, by March 1, 2018, Franchisee shall notify property managers of all multi-family residences of the City's ordinance requiring the collection of Compostable Materials. Franchisee shall work with the City Representative to provide educational materials and one- half to one gallon capacity containers for in-home storage of Compostable Materials to the establishment, and deliver appropriately sized and located Compostable Materials Containers on or before May 31, 2018. 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 (i.e. if the container appears to contain more than ten percent (10 %) non- Compostable Materials), Franchise~ sh9ll l~ayr a Non-Collection Notice (NCN) and contact the account holder by ,pho:ne .,to ,infqrrn them that the cart was not serviced due to contamination. Franchisee will email the City with the account 9 name and address associated with the contamination within two (2) Working Days. Loads collected as Compostable Materials shall not be landfilled or rejected at the processing facility. Only residue from processing Compostable Materials may be landfille~. ·'' ·, · 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 Compostable Materials 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 to notify City Representative of such customer and will provide the City account contact information. Franchisee shall deliver Residential Service Recipient additional Compostable Materials Containers within five (5) Working Days of the request. 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 prevent overages. To encourage diversion, Franchisee shall provide a volume of Recyclable Materials collection services equal to or in excess of the amount of Garbage collection service subscribed for by each Non-Residential Service Recipient, except where there are space or access constraints, or where the characteristics of the waste stream do not justify an additional container. Service Recipients may not decline Recyclable Materials Collection service that is required by State law (AB 341 ), and Cupertino Municipal Code Chapter 6.24 unless they can demonstrate to the City that they do not generate any Recyclable Materials, or can document to the satisfaction of City that they have made other arrangements for handling their Recyclable Materials. If Service Recipients decline Recyclable Materials Collection service, Franchisee will notify City by email 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. 4.8.3 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. In the event of a non-collection, Franchisee shall 10 leave a Non-Collection Notice (NCN). Franchisee shall notify the City by email within two (2) Working Days of the driver observing an estimated 10% or more contamination of materials generated by a Non-Residential Service Recipient and where the Non-Residential Service Recipient has been responsible for contamination more than once in a calendar year. The City will contact and work with the Service Recipient to prevent further contamination by providing education and assistance. Significantly contaminated loads may be processed as Garbage only as directed by the processor after the materials have been evaluated and rejected by the processor at the processing facility. The Franchisee's monthly report shall contain information on all loads that are rejected at the processing facility as specified in Exhibit G. 4.9 Non-Residential Compostable Materials Collection -Franchisee shall not impede the City's implementation or expansion of edible food placement networks in the City of Cupertino (e.g. the City's participation in the Food Rescue Initiative for Santa Clara County). When edible food that would otherwise have been landfilled, is diverted to feed people, a commensurate diversion credit will be applied to the City's and Recology' s diversion progress. Consistent with Cupertino Municipal Code Section 6.24.37 and AB 1826, Franchisee shall provide all applicable non-residential customers with bins and collection service for organics composting along with appropriate outreach and education about use of said service by the following dates, as specified in the municipal code: • July 1, 2018: Per Cupertino Municipal Code, businesses or business structures generating 4 cubic yards or more of solid waste per week • By Jan 1, 2019: Per State law, businesses or business structures generating 4 cubic yards or more of solid waste, per week. Franchisee shall produce and maintain a list of all businesses and business structures (enrolled and non-enrolled) that are required by the municipal code and by AB 1826 to subscribe to organics collection service. The list shall be updated monthly and changes to the list shall be included in the monthly report to the City per Exhibit G. As required by municipal code, Franchisee shall ensure that commercial properties that are affected by the following earlier implementation dates continue to receive organics service: • September l, 2016 : business or business structure generating 8 cubic yards or more of organic waste per week • January 20, 2016: business or business structure generating 3 cubic yards or more of organic waste per week or generating a solid waste stream that is comprised of 25% or more organic food waste material 11 I, For purposes of determining whether a customer generates a specified volume and/or type of material or is required under the Cupertino Municipal Code or AB 1826 to subscribe for organics collection service, Franchisee shall be entitled to rely on the customer's subscribed-for container volume. 4.9.1 Frequency of Collection (Non-Residential Compostable Materials) - Franchisee shall provide Compostable Materials Collection services to all Non- Residential Service Recipients that are required by Municipal Code to subscribe to 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 unit price rate charged for an equivalent level of Garbage service, as set forth in EXHIBIT B, and not more than the Service Recipient was paying for Garbage service before the Compostable Materials Collection program was implemented, so long as the Service Recipient does not increase the total amount of materials discarded. Franchisee shall contact Non-Residential Service Recipients (including, but not limited to, restaurants, corporate employee cafeterias, markets, grocery stores, delis, sandwich shops, and florists) that subscribe for at least 4 cubic yards of Garbage service and no Compostable Materials service, and enroll them in the Compostable Materials Collection program. Franchisee shall offer to provide them an appropriate City-approved Compostable Materials Collection container and whenever possible reduce their Garbage service level. Franchisee shall notify the City within five (5) Working Days if said offer is rejected by the Service Recipient. 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 expand the business or 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 Saturday Garbage, Recyclables, and Compostable Materials service to adequately provide collection service to all Service Recipients impacted by lack of space for additional containers. If Sunday collection service is needed to accommodate Service Recipient needs, Franchisee shall propose a Sunday service rate schedule to the City for consideration per Section 12.3 Special Maximum Rate Adjustments . 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. 12 4.9.3 Non-Collection -Franchisee shall not be required to collect any Compostable Materials that are not placed in Compostable Materials Containers. In the event of a non-collection, Franchisee shall leave a Non-Collection Notice (NCN). Franchisee shall notify the City, by email within two (2) Working Days of the driver observing an estimated 10% or more contamination of Compostable Materials generated by a Non-Residential Service Recipient and where the Non- Residential Service Recipient has been responsible for contamination more than once in a calendar year. The City will contact and work with the Service Recipient to prevent further contamination by providing education and assistance to the Service Recipient. Residual from Compostable Materials, but not a full load, may be landfilled as Garbage only after the load has been screened (sorted) at the processing facility. The Franchisee's monthly report shall contain information on all NCNs and contaminated loads as specified in Exhibit G. 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 and Garbage in Debris Boxes, Compactors and Bin-by-the-Day Services on the schedule subscribed for by the Service Recipient. Debris Boxes shall be available in at least five (5) approximately evenly spaced sizes; 8 cubic yards, 16 cubic 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. Franchisee shall provide Compactor Services to Service Recipients who wish to use them. Franchisee shall assist Service Recipients with selection of compactors that are compatible with Franchisee's equipment. Bin-by- the-Day Services and Debris Box Services may be used 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 exceed the normal service provided. In the event of a compactor failure, Franchisee shall provide immediately and within one (1) business day, a sufficient number of containers to satisfactorily accommodate the solid waste generated. For billing and compensation purposes, all Debris Box 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 the rates listed in EXHIBIT B. 4. Article 9-Additional Services, Sections 9.1.2, 9.1.3, 9.1.4, and 9.3 are modified and 9 .1.5, 9.1.6, 9.3.1, 9.2.l, 9.2.2, and 9.2.3 are added to read as follows: 13 I' 9 .1.2 Phone and Email Service -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. The Franchisee shall maintain an email address for customers to use. All customer service representatives shall be knowledgeable about all services offered under this Agreement, including the availability to multi-family Residential Service Recipients of On-Call Collection Services as detailed in Exhibit E, and able to assist on any matters which relate to the Franchisee's performance of services. The Franchisee shall respond to all calls, emails, and walk-in requests regarding missed service, damaged or leaking bins, leaking collection vehicles or collection bins that have been placed by Franchisee in driveways or in the middle of the street, within one (1) Working Day of Service Recipient's request for assistance. A telephone answering machine shall be available for customers to leave a message at all times. The telephone numbers shall be listed on the Franchisee~s website for Cupertino Service Recipients. 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 Representative and designees . 9.1.3 Website -A webpage shall be maintained by the Franchisee which will represent all of the Franchisee's unique services available in the City of Cupertino and will provide easy access to information, as well as instruction on how to maximize and correctly utilize services, especially to help prevent contamination of Recyclable and Compostable Materials that are intended for processing or further use . The website should include a detailed breakdown of debris box and compactor rates. Franchisee shall provide a dedicated email address for customer service and list it on the website . Changes to Recology's website shall be pre- approved by the City. 9.1.4 Service Recipient Inquiries and Complaints -All incoming calls shall 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 or if Franchisee did not respond to a caller within four (4) rings, liquidated damages covered under Section 12.5 may be applied . Franchisee shall make return calls to customers from messages received. Franchisee shall make three (3) attempts to return the call within one (1) Working Day of the receipt of the call. If Franchisee is unable to reach the caller in three attempts, Franchisee shall send a postcard to the caller on the second Working Day after the call was received, indicating that the Franchisee has attempted to return the call. All attempts to contact the caller shall be recorded on the log kept b y Franchisee. 14 Franchisee shall record all complaints in a log which includes the date, time, nature of the complaint, complainant's name and address (if the complainant is willing to give this information), and nature and date and manner of resolution of complaint. This log shall be in a format approved by City, and shall be available for inspection by City during Franchisee's office hours upon City's request. Franchisee shall maintain a .computer link that allows the City to access and view the customer service and complaint database at any time from a computer located at the Cupertino City Hall, but the City shall not have the ability to make any changes to the database. 9.1.5 Building Plan Review: Franchisee shall provide assistance to City by reviewing and providing comments on applications for City permits to construct new buildings or to remodel existing buildings. Franchisee shall review building plans for adequate space to accommodate the number and size of containers specified by the applicant for Garbage, Recyclable Materials, and Compostable Materials for adequate collection vehicle access and turnaround. Franchisee shall provide City, within ten (10) business days of receiving the plans, its comments on the plans including any recommendations regarding such matters. Notwithstanding any other provision of this Agreement, Franchisee shall have no liability to City or others with respect to such comments. City understands and agrees that such comments will not represent the opinion of a design, engineering or construction professional. 9.1.6 Waste Characterization (Generation) Studies -To collect greenhouse gas reduction (GHG) data and landfill reduction data required by the City's Climate Action Plan (CAP) to be included in annual updates to City Council, Franchisee shall assist a City-hired consultant to conduct a waste characterization study at all locations where Cupertino materials are comingled or processed with other agencies' materials. The main purpose of the studies is to determine a reasonably methodology which is reasonably accurate for determining the City's percentage of residual that is landfilled as a result of Compostable Materials processing. A secondary purpose of the studies is to gather information regarding the City's Recyclable, Compostable organic, and landfill materials being delivered to processing facilities or landfills from multiple routes and/ or vehicles for the commercial, single-family residenhal, multi-family, and municipal sectors. City shall pay the consultant directly an9 rranchiser sl1all work with the consultant to provide a waste characterization plan for City, approval which details methods, proposes material types to study, dates and times of studies, and number of sites to study in each sector. City staff shall be allowed to observe all studies. 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 15 the Franchisee's On-Going Public Education & Outreach Plan described in EXHIBIT C. Any changes to the Plan by Franchisee must be approved in advance by the City. 9.2.1 Outreach Materials -All printed and digital outreach materials (other than bills) produced by Franchisee relating to services provided under this Agreement, and sent to Service Recipients or distributed publicly as part of Franchisee's public education and outreach activities, shall be approved by City prior to being printed for distribution (such approval not to be unreasonably withheld, conditioned or delayed by City). A draft of all text 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 Representative shall be incorporated, and the final version of the text and illustrations shall be acceptable to both City and Franchisee. 9.2.2 Pilot Programs -Franchisee shall support City-paid pilot programs that may be developed by City staff to expand use of available services and pursue highest and best use of materials. (a) Split cart collection of garbage and food scraps and/or split cart recyclables (b) Multi-family valet service -transport waste materials from residents' doors to trash enclosures, (b) Waste leader program -train and engage a network of community recycling and composting waste leaders, and (c) Early collection -additional routes to enhance bicycle safety similar to previous pilots conducted in the tri-school area . 9.2.3 Support of City, County, State, and Federal Policy-Franchisee will support the City's Extended Producer Responsibility Policy and will write letters in support of Legislation promoting 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 Change in Recyclable or Compostable Materials Collected 9.3.1 Change in Recyclable Materials Collected A. Subject to changing markets for recyclable materials, Franchisee shall timely recommend to City update of Exhibit A to prevent contamination that could cause the Recyclable or Compostable Materials to be rejected at a recycling or composting facility. In the event City or Franchisee, during the term of this Agreement, proposes to add or remove materials to the list of Recyclable Materials to be collected, processed, and marketed by Franchisee, such materials shall be added to or omitted from the list in EXHIBIT A of this Agreement, if mutually agreed to in writing by City and Franchisee. 16 B. If Franchisee proposes the addition or omission of a material, the proposal shall be in writing, and include the extent to which the addition or omission of the proposed material will assist or hinder achieving a 75% diversion rate and would require a modification of the current Recyclable Materials collection vehicles, the use of an additional Recyclable Materials Container, and the use of additional collection vehicles, and shall notify City of the estimated costs of adding the proposed material. C. If City proposes such addition or omission in writing, Franchisee shall submit a written proposal detailing how the materials would be handled and the cost of adding or omitting 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 in good faith for the purpose of reaching an Agreement for the addition or omission of the proposed material and a schedule for the implementation of the revised collection of such material. The City Representative is authorized to negotiate on behalf of City and to approve the additional material and implementation 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 materials being recovered before any changes in the program are implemented. F. During the course of this Agreement, City may approve a ban on landfilling selected material types. This ban will likely take the form of a requirement that the Franchisee not collect Garbage Containers that contain visible quantities of the banned materials. Franchisee agrees that if City does enact such a ban, Franchisee will support this ban by complying with City's request to not collect contaminated loads. In the event of non -collection, Franchisee shall leave a Non -Collection Notice (NCN). 5. Article 11 -Payments to City, Section 11.6 is modified to read as follows: 11.6 Payments to City -Franchisee shall remit to City, within forty (40) days of the end of each month, a Franchise Fee in the amount of twelve percent (12.0%) of all Revenues from all sources relating to this Agreement collected in the prior month, except for the revenues from the sale of recyclable materials and from the Household Hazardous Waste Fee (as defined below). 17 Franchisee shall also remit to City, together with 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 all revenues. This documentation 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 amount of Extra Services provided, and a listing of accounts which are delinquent. All fees from the Newby Island landfill for disposal of debris box and compactor loads generated under this Agreement shall be invoiced by Republic Services (Newby Island landfill) to Franchisee, and paid directly to Republic Services by Franchisee, except that fees for disposal of debris box and compactor loads collected by Franchisee from City facilities shall be reimbursed by City to Franchisee as a credit toward the Franchisee's monthly remittance to the City for Solid Waste Fund Operations Fees. Franchisee's payments to Republic Services and requests to the City for reimbursement of City debris box and compactor disposal fees shall be sufficiently itemized and documented in the Franchisee's monthly remittance report to the City. Such reports shall track the debris box and compactor tonnage collected by Franchisee from within the jurisdictional boundaries of the City, the types of materials disposed or recycled, and all disposal fees paid to Republic Services for debris box and compactor loads disposed or processed at the Newby Island landfill. Franchise Fees are due on all revenues and Solid Waste Fund Operations Fees are due on all Eligible Revenues collected from the performance of this Agreement following the termination of this Agreement. 6. Article 12 -Franchisee's Compensation, Section 12.4 is modified to read as follows: 12.4 Cost Adjustment Request for Compostable Materials Processing - Franchisee may propose a cost adjustment for Non-Residential Service if necessary to cover the additional cost of processing collected commercial Compostable Materials above the agreed 2015 baseline amounts 2• However, the City retains the right to approve, disapprove or modify any such request for additional compensation. Franchisee's request shall include a report of revenue collected as a result of this exclusive Franchise Agreement and all costs associated with the processing of additional Compostable Materials at a City approved 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 2 The 2015 baseline amounts are 5,879 tons organic materials processed at a co st of$64.29/ton and hauling/loading cost of $16.31 /ton which amounts were included in the 5.28% commercial & multi-family rate increase effective July 1, 2016. 18 in subsequent years. To evaluate any such changes in cost, the City may direct and pay for an audit to establish Franchisee's cost and revenue. The audit may 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 a City approved facility . Franchisee will provide the_ City with annual reports (by March 2 each year, for the period of January 1 through December 31 of previous year) using the same metrics as used in the City's 2016 audit, and showing Franchisee's actual costs to process Compostable Materials . Franchisee will assist and accommodate any City directed and paid audits as necessary to determine any cost adjustments that may be necessary to fund the Compostable Materials Processing services. If Franchisee does not request a cost adjustment within ninety (90) calendar days of the of the calendar year, in any given year of this Agreement, the cost adjustment claim for that year shall be deemed waived for all purposes, and Franchisee will not be entitled to additional compensation. For cost adjustment proposals timely received by City, City retains the right to approve, disapprove or modify them . As used herein, "cost adjustment" means an increase in maximum rates and/or a payment by City to Franchisee, if necessary to cover the additional cost of processing Non-Residential Compostable Materials collected above the agreed 2015 baseline amounts3 • I . , (."'.l ._~ J )(') t ,.,~ ,J-t 7. Article 17 -General Provisions, Section 17.22 is modified to read as:fo>H ow ~ 17.22 Entirety: Agreement and Exhibits -The Agreement dated Ma 1-, (:)10 hnd the First Amendment dated September 2, 2014 and this Second Amendment dated December 19, 2017 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 D and E and amended December 19, 2017 Exhibits A, B, C, F, G, and H are hereby incorporated into this Agreement and made a part of this Agreement as though fully set forth herein. 8. Exhibits -Exhibits A, B, C, F, G, and H, amended dated December 19, 2017 (attached) hereby replace Exhibits A, B, C, F, G, and H to the Agreement. Any reference to the following Exhibits in the Agreement or Amendment refers to the Exhibit amended dated December 19, 2017: Exhibit A -Recyclable and Compostable Materials Exhibit B-Schedule of Approved Maximum Rates 3 The 20 I 5 base line amounts are (5 ,879 tons organi c materials process ed at a co st of $64.29 /ton and ha uling/lo ading co st of $ I 6.3 I /ton whi ch amounts were included in th e 5.28% commercial & multi-fam ily rate in crease e ffec t ive Jul y I, 2016. 19 Exhibit C -Public Education and Outreach Plan Exhibit F -City Facilities Services Exhibit G -Access to Records and Reporting Requirements Exhibit H -Diversion Goals 9. 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 IN WITNESS WHEREOF, the parties hereto have caused this amendment of Agreement to be executed. Recology Cupertino Date \ / 1 kl\ 55 ftecology .. Reviewed by: ~ J. Sangiacomo A ~~ By (~ City Clerk, Grace Schmidt 2 --:f' -( {" 20 EXHIBIT A: RECYCLABLE AND COMPOST ABLE MATERIALS (Amended December 19, 2017) "Recyclable Materials" include: • Aluminum cans • Aseptic containers (like those used for milk and juice) • Glass bottles and jars of all colors • 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, paperback books, hardback books, wrapping paper, flattened corrugated cardboard 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 Plastic household items and toys • Scrap and 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 of all fluids) pieces not exceeding fo1ty ( 40) pounds in weight nor two (2) feet in any dimension for any single item • Small kitchen appliances (such as toasters, blenders , hand mixers, handheld or other small electric fans) • 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 only) • 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 to economic use. For the purposes of calculating tonnages and diversion, "Recyclable Materials" does not include residue. "Residue " is the material that cannot be recycled or composted or otherwise diverted from landfill that is separated out from Recyclable Materials or Compostable Materials and sent to a landfill. "Contamination" refers to materials that do not belong in one waste stream appearing in that waste stream in excess of 10 % by visual inspection. A "contaminated load" is a load of collected material that has extraneous material in a volume deemed to be greater than 10% by visual inspection. Franchisee will run its "Coats and Blankets for Kids" program in the fall or winter of every year 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 to local non-profit organizations to keep children and adults in need warm through the winter months. "Compostable Materials" includ e : • organic materials generated from tree trimming, shrubbery pruning, vegetative garden wastes, dead plants, weeds, leaves, grass clippings, and non-food vegetative matter 21 • all food soiled paper, such as napkins , towels, plates, tissue , cups , and take-out containers, and including pizza boxes and waxed cardboard 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. For the purposes of calculating tonnages and diversion , "Compostable Materials" does not include residue. "Residue" is the material that cannot be recycled or composted or otherwise diverted from landfill that is separated out from Recyclable Materials or CompostableMaterials and sent to a landfill. "Contamination" refers to materials that do not belong in one waste stream appearing in that waste stream in excess of an estimated 10% by visual inspection. A "contaminated load " is a load of collected material that has extraneous material in a volume deemed to be greater than l 0% by visual inspection. 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 (not commercial or multi-family) Service Recipients on regular collection days. Motor oil will be placed in the original retail container or other sealed , clear, plastic, or one-gallon containers approved by Franchisee, oil filters in clear zip lock bags , batteries in separate clear zip lock bags , and CFLs in separate clear zip lock bags . These materials will be placed on the ground at the curb, next to the Garbage or Recyclable Materials Containers by the Service Recipient. All Electronicwaste and Universalwaste will be collected through the on-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 y ard , located at 650 Martin A venue , and segregated into separate containers. All collected batteries, CFLs, £-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 permitted processor. Franchisee will not separately charge the City for disposal of any E- Waste or U-Waste collected from residents. 22 EXHIBIT B: Amended December 19, 2017 SCHEDULE OF APPROVED MAXIMUM RA TES Recology Maximum Rates for the City of Cupertino Effective Novem her 1. 2017 Service Description B.1. RESIDENTIAL SERVICE SINGLE FAMILY (Monthly Rate): Curbside Curbside Curbside Curbside Walk-up Walk-up Walk-up Walk-up HILLSIDE (Monthly Rate): Roadside Roadside Roadside Roadside 1 32-gallon cart 1 64-gallon cart 1 96-gallon cart Each Additional Cart 1 32-gallon cart 1 64-gallon cart 1 96-gallon cart Each Additional Cart Additional Organics/YW Ca1t 1 32-gallon cart 1 64-gallon cart 1 96-gallon cart Each Additional Cart DUPLEX/MULTIPLE UNITS & Y ARDW ASTE EXEMPT (Monthly Rate) Front l 32-gallon cart Front 1 64-gallon cart Front 1 96-gallon cart Front Each Additional Cart Back l 32-gallon cart Back l 64-gallon cart Back l 96-gallon cart SENIOR LOW-INCOME (Monthly Rate): Frontyard/Backyard l 32-gallon cart Exempt (No Yardwaste) I 32-gallon cart Hillside l 32-gallon cart ADDITIONAL CHARGES: Extra Bag Tag 10 Bag Tags Extra Can (I-Time) 23 Maximum Rate $ 25.49 $ 50.99 $ 76.49 $ 25.49 $ 39.18 $ 78.37 $ 117 .55 $ 39 .18 No Charge $ 42.18 $ 84.34 $ 126 .53 $ 42.18 $ 21.57 $ 43 .13 $ 64.70 $ 21.57 $ 33.35 $ 66 .70 $ l 00.05 $ 12.10 $ 10.24 $ 20 .01 $ $ $ 7.43 70.54 12.77 Service Description B.1, RESIDENTIAL SERVICE 24HR CONTAINER SERVICE: Bin By The Day Bin By The Day Bin By The Day 4 Yard 6 Yard · 7 Yard HOUSEHOLD HAZARDOUS WASTE FEE (Monthly Rate): Maximum Rate $ 164.88 $ 201.95 $ 220.47 Single-Family Residence (including units in Multi-Family $0.54 Residences that subscribe for individual MSW cai1 service) Multi-Family Residence (Per unit, for units that do not subscribe for $0.41 individual MSW cart service) LATE CHARGE FEE: 1.2% Per Month Delinquent (Not Compounded) 24 B.2 . NON RESIDENTIAL AND MULTI -FAMILY GARBAGE SERVICE AND NON RESIDENTIAL AND MULTI-FAMILY COMPOSTABLE MATERIALS SERVICE* * Non-Residential & Multi-Family Garbage se,yice and Non-Residential & Multi-Family Compostable Materials service shall never cost more than the rates for Commercial Garbage service for the same quantity ofmaterial Service Freq uency Maximum Descript ion Rate FRONT LOADER CONTAINERS (Monthly Rate): I .5 CY Container IX Week Service $ I 56 .56 1.5 CY Container 2X Week Service $ 313 .16 1.5 CY Container 3X Week Service $ 469.72 I .5 CY Container 4X Week Service $ 626.30 1.5 CY Container 5X Week Service $ 782 .88 1.5 CY Container 6X Week Service $ 939.42 1.5 CY Container Extra Pick-up $ 48.56 2 CY Container IX Week Service $ 187 .92 2 CY Container 2X Week Service $ 375.75 2 CY Container 3X Week Service $ 563.69 . 2 CY Container 4X Week Service $ 751.52 2 CY Container 5X Week Service $ 939.42 2 CY Container 6X Week Service $ 1,127.30 2 CY Container Extra Pick-up $ 60.68 3 CY Container IX Week Service $ 250.51 3 CY Container 2X Week Service $ 501.03 3 CY Container 3X Week Service $ 751.52 3 CY Container 4X Week Service $ 1,002 .08 3 CY Container 5X Week Service $ 1,252.58 3 CY Container 6X Week Service $ 1,503 .09 3 CY Container Extra Pick-up $ 66.36 4 CY Container IX Week Service $ 313.16 4 CY Container 2X Week Service $ 626.30 4 CY Container 3X Week Service $ 939.42 4 CY Container 4X Week Service $ 1,252 .58 4 CY Container 5X Week Service $ 1,565 .75 4 CY Container 6X Week Service $ 1,878 .86 4 CY Container Extra Pick-up $ 82.74 6 CY Container IX Week Service $ 438.40 6 CY Container 2X Week Service $ 876.81 6 CY Container 3X Week Service $ 1,315 .2 0 6 CY Container 4X Week Service $ 1,753.60 6 CY Container 5X Week Service $ 2,192.02 6 CY Container 6:X Week ~~rvice $ 2,630.43 25 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-Familv Compostable Materials service shall never cost more than the rates for Commercial Garbage service for the same quantity ofmaterial Service Frequency Maximum Description Rate 6 CY Container Extra Pick-up $ 115.15 8 CY Container IX Week Service $ 563.69 8 CY Container 2X Week Service $ 1,127.30 8 CY Container 3X Week Service $ 1,691.00 8 CY Container 4X Week Service $ 2,254.63 8 CY Container 5X Week Service $ 2,818.29 8 CY Container 6X Week Service $ 3,381.96 8 CY Container Extra Pick-up $ 148.93 *Pushout Container IX Week Service $ 55.12 Pushout Container 2X Week Service $ 110 .55 Pushout Container 3X Week Service $ 165.52 Pushout Container 4X Week Service $ 220.80 Pushout Container 5X Week Service $ 276.06 Pushout Container 6X Week Service $ 331.43 * 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) COMMERClAL CART RATE: Per Cart Pickup SPECIAL SERVICES: Steam cleaning and re-delivery of bin [ shall be provided once each year without charge], Furnishing Chains (One Time Only) Commercial Multi-Family LA TE CHARGE FEE: 1.2% Per Month Delinquent (Not Compounded) 26 $ 61.39 $ 25.49 $ 96.29 $ 105.65 B.3. COMPACTOR SERVICE Service Description GARBAGE COMPACTOR RATE (Per Cubic Yard) (Monthly Rate): COMPACTOR RA TE-MIXED RECYCLABLE: Hauling Only Per Ton GARBAGE, ORGANICS, AND RECYCLING COMPACTOR RA TES Description Garbage Compactor Rates Per Yard Per Pull Mixed Recycling Compactor Rates Per Pull Mixed Recycling Compactor Rates Per Ton 27 Amount Processor $ 41.46 Newby $ 405.97 BFI $ 62.85 BFI Maximum Rate $ 44.22 $ 405.97 $ 62.85 Dirty NIA $ 509.99 $ 89.78 R.4. DEBRIS-ROX SERVTCE DEBRIS-BOX (UNCOMPACTED) SERVICE (Monthly Rate): 8 Yard Rock Box 6 Tons 8 Yard Rock Box Each Additional Ton 16 Yard Debris Box 3 Tons 16 Yard Debris Box Each Additional Ton 20 Yard Debris Box 4 Tons 20 Yard Debris Box Each Additional Ton 26 Yard Debris Box 4 Tons 26 Yard Debris Box Each Additional Ton 30 Yard Debris Box 5 Tons 30 Yard Debris Box Each Additional Ton 40 Yard Debris Box 6 Tons 40 Yard Debris Box Each Additional Ton WEEKLY RENTAL FEE (Beyond Normal 7 Days): LA TE CHARGE FEE: 1.2% Per Month Delinquent (Not Compounded) SOURCE SEPARATED RECYCLING*: $ 448 .28 $ 43.43 $ 500.37 $ 93.06 $ 558.64 $ 93.06 $ 765.68 $ 93 .06 $ 905.35 $ 93.06 $ 965.79 $ 93.06 $ 151.22 08DOR 08DOR 16-40DOR 16-40DOR Haul Rate Recycling Rate per ton Clean Dirt $ 448.28 $ 43.43 Clean Concrete Asphalt $ 448.28 $ 43.43 OTHER MI SCELLANEOUS RA TES Description Daily Rental Rate For Boxes Beyond 7 Days Weekly Rental Rate For Boxes Beyond 7 Days Clean Wood $ 448.28 $ 43.43 Sheet Rock $ 448.28 $ 43.43 Trip Charge For Empty Debris Box/Compactor (No Dump) Dry Run , Scheduled Service Bin Empty Code RENT RENT TRIP TRIP RELOC CANCL TRIP Amount $ 23.80 $ 151.22 $ 89.66 $ 179.31 $ 89 .66 $ 59 .77 $ 179 .31 Relocate Container After Initial Delivery Same Day Cancelation (No Dump) Steam Clean after exchange bring back to yard EXHIBIT B SHALL BE REVISED TO REFLECT ANNUAL RA TE ADJUSTMENTS PER THE CPI FORMULA SPECIFIED IN TIDS AGREEMENT <Decem6er 201 7 28 Cupertino-Co(Cection .JLgreement EXHIBIT C: PUBLIC EDUCATION AND OUTREACH PLAN (Amended December 19, 2017) Franchisee's outreach and education goal will be to supplement the City's efforts to create visibility, awareness and support for both new and ongoing diversion programs .. The City may develop pilot programs in pursuit of diversion goals. Franchisee will support pilot programs per Section 9.3.2 through accommodations such as, but not limited to, temporary adjustments to collection routes, changes in type or size of collection carts and bins, and changes in signage or labels. Franchisee's focus will be: Proactive Communications: Franchisee will complement the City's communications efforts. Franchisee will: • Comply with all City communications requirements. • Create a clear and compelling direct mail piece that articulates changes, enhancements, schedules, and simple instructions to make participating in the recycling programs easy. • Maintain a website for customer use, with links to additional resources. • Place program advertisements in local newspaper. • Produce and distribute service brochures for single-family and commercial service units. Poster will be provided to commercial service customers also. • Support and participate in the City's events. Being Visible and Accessible during ongoing public education: There will be many opportunities to be visible and accessible as the City continues to roll out its expanded program. Franchisee will: • Support, participate and 10m all City-sponsored events, and festivals as well as community and neighborhood meetings, organized for the purpose of promoting and educating residents relative to the City's program. • 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. (J)ecem6er 2017 29 Cupertino-Co[fection }1.greement • Franchisee Facilities as a Resource: Franchisee will make their facilities, including the processing facilities to be utilized during the term of the contract, available for the public education process: • With the City's approval and in tandem with its efforts, Franchisee will work to generate and grow media interest by offering facility tours and encouraging them to promote the City's program using these facilities as a focal point. Youth Engagement: • Franchisee will increase efforts to promote recycling in the community and particularly in local schools, recognizing that waste generated by schools in Cupertino affects the City's diversion. Being a Good Neighbor: Franchisee will focus on building a partnership and enrolling the rich expertise that resides within the community to ensure the recycling program is successful. Franchisee will: • Look for and enroll community partners to help conduct public education and community outreach services with particular emphasis on communication with its many constituencies. • Enlist the creativity, support and partnership of community organizations to help promote the City's program. (They will have great ideas!) Proactive Communications: To complement the City's on-going communications efforts, Franchisee will: • Comply with all City communications requirements. • Notify City a month in advance about noticeable operational changes (route audits, website changes). • Attend meetings with the City, monthly for the first year of the amended contract, then quarterly or as needed. Franchisee's management shall convene an internal meeting with drivers and other staff at least once a year to review requirements and provide training. • Produce an annual Public Education & Outreach Plan each year and submit it to the City no later than September 1st 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 <Decem6er 2017 30 Cupertino-Co[fection Jlgreement collection easy for the City's residents. The piece will be made available in Mandarin on Franchisee's website. • Create at least four distinct City-approved public education outreach campaigns per year focusing on increasing diversion. These campaigns will correspond to the seasons of the calendar year 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). Campaigns could include distribution of tools to aid program implementation, door to door outreach, neighborhood workshops, school assemblies, creek cleanups & associated education, website, and social media. The themes of these campaigns may be as follows: o FALL -Reinforce procedures for participating in the program correctly. Special attention will be paid to educating residents to reduce the most common problems seen during the year. Franchisee will conduct a coat and blanket drive in the fall or winter . o WINTER -Holiday tree recycling -critical information people need to know in order to participate in the program correctly. o SPRING -Review of the basics and remind people what's okay and what's not: • Timeframe in which to set out carts for service: Avoid placing carts out too early (more than 24hrs in advance or more than 12 hours in advance in a bike lane). • Incorporate bike friendly messaging that aligns with the City of Cupertino 2016 Bicycle Transportation Plan. Franchisee shall curb carts to help keep the bike lane clear. • Correct placement of carts for service. • Avoiding contamination: What's acceptable and what's not in Compostable ahd Recyclable Materials Containers. o 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 supplementary simple informational pieces to support the above periodically conducted campaigns. • Maintain an active website for customer use with links to the City's website. ' , I,,, • Create a YOUTH campaign to engage and educate children about this program. • Place promotional ads on all residential collection trucks to promote collecting food scraps in Compostable Containers or proper disposal of household hazardous waste provided <Dece m6er 201 7 31 Cupertino-Co{fe ct ion Jl greemen t the City pays Franchisee for the cost of ad signs and brackets. Recology would invoice the City for truck ads. • Attend meetings with the City to ensure consistency and coordination in all public education and outreach messages and campaigns. Franchisee Facilities as a Community Resource: Franchisee's facilities, including processing facilities, will be made available for City staff 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, students and schools as a whole, to engage this special constituency in ways that work for them. • Ensure all Franchisee displays are geared to and easily understood by kids. Promote Community Health and Safety: Franchisee will strive to do 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 partnerships to gain help in conducting on-going public education and community outreach services. • 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 since the trucks are ever-present in the neighborhoods and communities. (J)ecem6er 2017 32 Cupertino-Co[fection )Igreement EXHIBIT F: CITY FACILITIES SERVICES (Amended December 19, 2017) Franchisee shall provide collection and processing of Recyclable and Compostable Materials and collection and disposal of Garbage, at no charge, to the 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.) McClellan Ranch Preserve Manta Vista Recreation Center Compost Site Special event service at creek cleanups, Fall Festival, Diwali, Lunar New Year, Independence Day, Earth Day, and other events, all as mutually agreed. (j)ecem6er 2017 33 Cupertino-Co[fection }lgreement EXHIBIT G: ACCESS TO RECORDS AND REPORTING REQUIREMENTS (Amended December 19, 2017) City, its employees and agents shall have access to records and files which are generated or created in connection with Franchisee's performance of this contract and the delivery of services. Franchisee shall be required and hereby agrees to provide access to these documents/files to City, its employees and agents during regular business hours and after receiving reasonable notice from City . The information required for the monthly and annual reports in sections 1 through 3 of this Exhibit G, shall meet the reporting requirements of the California Integrated Waste Management Act, as such Act may from time to time be amended . In addition, each Monthly Report shall include the information described in Sections 1 through 3 of this EXHIBIT G. Franchisee shall provide these reports electronically only, in an editable format approved by City, such as Excel or Word. Franchisee shall produce and maintain a list of businesses and business structures that are required by the municipal code and by AB 1826 to subscribe to organics collection service as referenced in Article 4.9. Franchisee shall provide this list to the City at least 6 months prior to the implementation dates specified in Article 4.9. On request, the complete list of businesses and business structures that are required by the municipal code and by AB 1826 to subscribe to organics collection service shall be made available to City within 10 Working Days (up to five times during the Agreement). 1. Monthly Reports. Franchisee shall provide sufficient staff to meet reporting requirements and shall submit, within forty (40) 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. In such Monthly Reports, Franchisee shall: (i) Report total number of businesses without recycling service and without organics service that reasonably appear, based on subscribed level of service (and, for MFDs, number of units), to be required to recycle or compost per the municipal code, AB 341, or AB 1826; and (ii) List commercial and multi- family accounts that do not subscribe to Recyclable Materials collection service or Compostable Materials Collection service due to a backhaul program utilized by the Service Recipient where Franchisee is aware of such backhauling. 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 tonnage rounded to two decimal points .. 1.1 Monthly Summary. The Monthly Report shall contain a summary of the information reported <Decem6er 2017 34 Cupertino -Co[fection .lLgreement 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 Re cycling 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 pays Newby Island Landfill (Republic Services) directly. 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 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 a s 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. On a quarterly basis, Franchisee's monthly report shall include the tonnage4 attributed to Cupertino which was taken to landfills other than Newby Island as residual from organics screening or processing at any Recology facility. The monthly report shall include the Franchisee's methodology for estimating what percentage of jurisdictionally commingled non-compostable tonnage that was landfilled is attributable to Cupertino and reported to CalRecycle through the Disposal Reporting System (DRS). 'Tonn age ro unde d to two d ecimal p oints (J)ece m6er 201 7 35 Cupertino -Co[fect ion Jf.g re ement 1} ·1 I The Franchisee's monthly report shall contain information on all loads of Recyclable Materials and Compostable Materials that are rejected at the Recyclable Materials processing facility or Compostable Materials processing facility respectively, including the date and time the load was rejected at the processing facility, the Franchisee truck number, and the materials in the load that required the load to be landfilled. Franchisee shall provide, in each Monthly Report, a list of the Service Recipients' with more than an estimated 10% observed contamination of Recyclable Materials or Compostable Materials that were reported to City under Sections 4.8.3 and 4.9.3. The list of Service Recipients' accounts shall include the business name, account holder's name and contact information, address, the date and time the contaminated load was observed by the driver, the Franchisee truck route, truck number, and the contaminants observed in the load that required non collection, or the load to be landfilled. 1.5 Problems Encountered. The Monthly Report shall include an 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 date the service was declined, the date the City was notified, 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 report 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 report shall also include a description of Recyclable Materials and Compostable Materials rejected at the processing facility (by type of material and tonnages), reason(s) for rejection, and Franchisee's disposal method and final destination 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. 1.7 Service Log. <Decem6er 2017 The Monthly Report shall contain a copy of Franchisee's telephone, e-mail, and voice message 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 known occurrences of service 36 Cupertino -Co[[ection Jlgreement deficiencies listed in section 12.5 Liquidated Damages including but not limited to all pickups missed, too-early collections, and vehicle fluid leaks that occurred during the reporting period, with the date, the truck route, the truck number, the driver's initials or employee identification number, and 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 changes to Non-Residential Service Recipient accounts (e.g. new accounts, changed accounts) that subscribe to Compostable Materials Collection service. This list of changes shall inform the City of the level of service provided (frequency and container size), collection days, the address of the collection location, the address of the account holder if it is different, and if a Non-Collection Notice (NCN) has been left by the Franchisee for such Service Recipient. 1.10 Loads Rejected by the Processor The Monthly Report shall include a list of any 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 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, Franchisee's good faith estimates of annual tonnage for Residential and Non-Residential food waste composted (excluding residual). 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. <Decem6er 2017 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 37 Cupertino-Co[{ection )1.greement 4. 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 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 fifty percent (50%) diversion rate for Non Residential Service Recipients and for multi-family sectors as calculated in Exhibit H.2. Franchisee shall annually provide, in a Microsoft Excel format, or other electronic format acceptable to City a Residential and Non-Residential report that summarizes container sizes and service levels. City and Franchisee shall meet to discuss incorporating the changes requested and possibly streamlining current reporting items in the monthly report. 3.2 Vehicle Fleet Information. 3.3 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. 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. 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. (J)ecem6er 2017 38 Cupertino-Co{{ection Agreement EXHIBIT H: DIVERSION (Amended December 19, 2017) H. Calculation to determine the City's diversion rate for 2018 for residential (population) and commercial (employment) sectors. For purposes of determining if the requirements of the Agreement, including those under Paragraph 2.2.1 are met, the following CalRecycle Disposal Reporting System (DRS) "Diversion Equivalent Rate" (DRE) formula shall be used: DRE = [ l _ ( Annual Per Capita Rate) ] X lOO 2 x Target Rate As an example, for Cupertino's Population (Residential) Diversion Rate Equivalent (DRE) for 2012, using the 2012 CalRecycle pounds per person per day target with 2012 annual actual (as shown in the below table), is as follows: CalRecycle Disposal Rate Target for Cupertino for 2012 TARGET 2012 ANNUAL(actual) Population (Pounds/Person/Day) 4.3 2.6 Employment (PPD) 8.1 4.3 DRE= [ 1-( ~)] x 100 2 x4.3 = [ 1 -(~ ) ] X 100 8.6 = [ 1 -0.302 ] X 100 = 69.8 % (approximately) And, for Cupertino's Employment (Commercial) Diversion Rate Equivalent (DRE) for 2012, the equation is: DRE= [ 1 -( __±2__) ] x 100 2 xB.1 = [ 1 -(E) ] x 100 16.2 = [ 1 -0.265 ] X 100 = 73.3 % (approximately) (f)ecem6er 2017 39 Cupertino-Co[fection )1.greement 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 2016 is collected in August 2017). Diversion calculations may exclude C&D tonnages from the Apple Park project due to the project's uniquely large size. H.2 Calculation to determine the City's diversion rate for 2019 for Commercial and Multi- Family Franchisee collection services. Diversion shall be calculated using the following formula: (A+ B) I (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. Diversion Program Features Single-Family Residential Services: • Provide each residential customer with a dishwasher-safe, pitcher or pail. These pitchers or pails can be used for the in-home storage of compostable organic materials. The dishwasher compatible pitcher or pail 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 (J)ecem6er 2017 40 Cupertino-Co{{ection )Igreement • 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 and Blankets for Kids" every fall • Provide a four times-per-year "Environmental Day" for the collection of recyclable commodities listed below at "Recyclable Commodities" • Distribute public outreach material highlighting the recyclables and organics collection programs • By May l, 2018, 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: • Two On-Call collections for each resident per year at no charge per EXHIBIT E. Each multi-family complex shall be entitled to up to two on-call collections times the number of units in the complex, per year. • Conversion to single-stream collection of commodities listed below at "Recyclable Commodities" • Contact management of every MFD complex to initiate or expand recycling services • Provide to each MFD unit whose complex participates in the organics collection service, a dishwasher-safe, one-half to one gallon capacity container, for the in-home storage of Compostable 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 recyclables and organics collection programs • Distribute public outreach material highlighting the recyclables and organics collection programs ([)ec em6er 201 7 4 1 Cupertino-Co[fection }lgreement • • By May 1, 2018, conduct a Recyclin9 ~litz 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 May 1, 2018, 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 new commercial customer to initiate or expand recyclables and organics collection services • Upon request, provide each commercial customer with a "Slim Jim' container for the indoor accumulation of organics materials • Arrange presentations of 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 recyclables and organics collection programs • Lend Clear Stream stands upon request for large Cupertino school events such as football games. Especially to divert food and compostable material. <Decem6er 2017 42 Cupertino -Co{Cection Jlgre ement 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: Page 1 of 15 First Amendment to Recology Franchise Agreement August 26,2014 I 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 Page 2 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 Overa es (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 s et 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 rE'quested additional Recyclable Materials Containers within five (5) Working Days of the request. 4.4.2 Compostable Materials C-ontainers (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. Page 3 of 15 First Amendment to Recology Franchise Agreement August 26,2014 f 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 Page 4 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. Onily 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 wl-to attend the class may have the composter delivered to their house free of charge by Franchisee within five (5) Working Days of the class. Page 5 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 Page 6 of 15 First Amendment to Recology Franchise Agreement August 26,201.4 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)Von-Residential Service Recipient. If Service Recipients decline Recyclable Materials Collection service, Franchisee will notify City witf tin 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 Re , cl ible 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 Page 7 of 15 First Amendment to Recology Franchise Agreement August 26;2014 I 1 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 Page 8 of 15 First Amendment to Recology Franchise Agreement August 26,2014 Materials (including, but not limited to, restaurants, businesses with large employee cafeterias, market, and grocery stores, delis and sandwich shops, and florists) and eni.-oll 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 clays, 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 Recipieni: 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 Mate:ri_als Containers to Service Recipients to accommodate all compostables regularly generated. If Service Recipients regularly overflow their Com]?ostable 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 Page 9 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. Page 10 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 1. 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 Waite Fee required to fund the HHW Program. 3. Article 6 — Collection Equipnnent 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. Page 11 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 Rind 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 Page 12 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. Page 1.3 of15 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. Page 14 of 15 First Amendment to Recology Franclhise 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 M 'cip 1 Corporation B BY y City Manager, David Brandt Title be- Z C APPROVED AS TO FORM: BY D I ) A,K City orney, Carol Korade ATTEST: By -6-4-AL City Clerk, Grace Schmidt Page 15 of 15 First Amendment to Recology Franchise Agreement August 26,2014 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 Maximum Description 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 4 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-Tiine) 11.73 24HR CONTAINER SERVICE: Bin By The Day 4 Yard 151.34 B.1. RESIDENTIAL SERVICE Service Maximum Description 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) i 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 Frequency Maximum Description 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 B.2.NON RESIDENTIAL AND MULTI:-FAMILY GARBAGE SERVICE AND NON RESIDENTIAL AND MULTI-FAMILY COMPOSTABLE MATERIALS SERVCE * 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 Frequency Maximum Description Rate 6 CY Container Extra Pick-up 100.39 8 CY Container l.X 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 11965.05 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 1 X Week Service 48.06 Pushout Container 2X Week Service 96.38 Pushout Container 3X Week Service 144.29 Pushout Container 4-X 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: Stearn 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) f B.3. COMPACTOR SERVICE Service Maximum Description 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 B.4.DEBRIS-:BOX SERVICE DEBRIS-BOX(UNCOMPACTED) SER`ICE(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 Clears Clean Concrete Dirt 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 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 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 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 recenved 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 Cor.npostable 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 Ma.i:erials 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. 1.7 Service Loy. 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 R_ eports. On April 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 Fr inchisee. To be consistent with Ca]Recyle'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 Frartchisee'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. EXHIBIT H: DIVERSION Amended September 2,2014) H.1 Calculation to determine the City's diversion rate for 2015 for residential population) and commercial(employment) sectors. For purposes of determining if the requirements of the Agreement,including those under Paragraph 2.2.1 are met, the following CalRecycle Disposal Reporting System DRS) "Diversion Equivalent Rate" (DRE)formula shall be used: Annual Per Capita Rate X100DRE1 2 x Target Rate As an example,for Cupertino"s Population(Residential) Diversion Rate Equivalent(DRE)for 2012,using the 2012 CalRecycle pounds per person per day target with 2012 annual actual(as shown in the below table),is as follows: CalRecycle Disposal Rate Target for Cupertino for 2012 TARGET 2012 ANNUAL(actual) Population(Pounds/Person/Day) 4.3 2.6 Employment(PPD)8.1 4.3 DRE=j1 —( 2.6 ) ] x100 2 x 4.3 j1-(86) x100 j1-0.302] x100 69.8% (approximately) And,for Cupertino's Employment(Commercial)Diversion Rate Equivalent(DRE) for 2012, the equation is: DREG j1—( z1. 3 ) ] x100 r 1 u( 1.66.2` X 100LJ j1 -0.265] x100 73.3% (approximately) 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 materiel 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 Amended September 2,2014 i 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 Amended September 2,2014 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 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 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 Equipment Specifications .......................... 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 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 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 EXHIBIT K: CURBSIDE HOUSEHOLD HAZARDOUS WASTE PROPOSAL ............................62 Way I8, 2010 Cupertino - Collection Agreement RESOLUTION NO. 10 -097 A RESOLUTION OF THE CITY OF CUPERTINO APPROVING AND AUTHORIZING EXECUTION OF A FRAIVCHISE 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 empowering Cities to regulate the collection, reuse and 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 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 Recology Cupertino for the Collection and Processing of Recyclable and Compostable Materials, and the 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 regular meeting of the City Council of the City of Cupertino this 18"' day of May 2010, by the following vote: 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 Franchise Agreement between the City of Cupertino and Recology Cupertino for Collection and Processing of Recyclaible and Compostable Materials, and the Collection and Disposal of Garbage This Franchise Agreement ( "Agreement ") for Collection and Processing 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 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 orderly handling 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 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 and disposal rates must be established at levels which are commensurate with the cost 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 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 have agreed to a goal of 75% diversion of all materials collected by Franchisee within four years under the terms of this Agreement. E.Franchisee is the current exclusive franchisee 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 various provisions of the Prior Franchise Agreement and now desire to enter into this new Agreement to incorporate such modifications into this Agreement. As of November 1, 2010, this Agreement shall supersede and replace in its entirety the Prior Franchise Agreement. Way 18, 2010 1 Cupertino- CofrectionAgreement AGREEMENT In consideration of the mutual covenants, agreements and 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 for Collection and Processing of Recyclable and Compostable Materials, and the 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 be used by Service Recipients to dispose of Bulky Goods and oversized Recyclable Materials or Compostable 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 more than 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, water heaters, 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 containers that compact recyclable and compostable materials, and garbage. Compactor Services would generally be used by Service Recipients to dispose of materials that can easily be densified to 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 cardboard that decompose biologically, which are separated by the Service Recipient from other materials for the purpose of Composting, and includes without limitation those materials listed as Compostable Materials" in EXHIBIT A. 3fay 18, 2010 2 Cupertino- CoffectionAgreement 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 yards in size, provided to Service Recipients by the Franchisee for collection of Compostable Materials. 1.10. Compostable Materials Processing — "Compostable Materials Processing" means the processing of Compostable Materials into compost, mulch, wood chips, or other beneficial reusable material; and excludes incinerating the material or causing the material to be landfilled. 1.11. Composting - "Composting" means the controlled decomposition of organic materials, and the 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. Debris Box 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 normal Recyclable 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 but not 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 revenue upon which the Franchisee pays the City a Solid Waste Fund Operations Fee to fund the operations and administration of the City's solid waste management, public education, hazardous waste disposal, landfill diversion, and recycling programs. 1.15. Excess Service - "Excess Service" means services which are requested by the Service 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 above the 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 provided in 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 and business electronic equipment that is near or at the end of its useful life or no longer wanted by its owner. Examples of e -waste include computers, entertainment device electronics, mobile phornes and items such as television sets. E -waste does not include appliances that contain Freon, such as refrigerators, freezers or air conditioners. Way 18, 2010 3 Cupertino- CoffectionAgreement 1.18. Force Majeure - "Force Majeure" means acts of God, fire, landslides, storms, floods, earthquakes, epidemics, civil disturbances, strikes, lockouts or other industrial disturbances, acts of the public enemy, war, blockades, public riots, accidents to equipment that are not the fault of Franchisee through lack of maintenance, negligence or otherwise, governmental restraint, unavailability of a disposal site, and any other event which could not with reasonable diligence be controlled or prevented by 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 all materials, substances and objects that are discarded, including but not restricted to, materials, substances and objects commonly referred to as "trash," garbage," "refuse" and "rubbish" that are produced, generated or accumulated by 1 residential, commercial, industrial, institutional, municipal, agricultural or other 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 to Residential Service Recipients in 30 -35 gallon, 60 -65 gallon and 90 -96 gallon capacities. 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 to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed. Hazardous Material includes, but is not limited to, hazardous wastes as defined under California or United States law or any regulations promulgated pursuant to such laws, as such laws or 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- CoffectionAgreement 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 by the 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 by Franchisee 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 Recipients generating less than 96- gallons (up to three cans) of Garbage and Compostable Materials per week may subscribe for service as Residential Service Recipients. 1.31. Recyclable Materials - "Recyclable Materials" means those materials that can be returned to economic use as raw material for new, reused or reconstituted products„ which are separated by the Service Recipient from other materials 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 Recipients by the Franchisee or City for the collection of Recyclable Materials, and any additional durable container or cardboard 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 boxes and compactors using a roll -off truck, and includes Debris 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 - "Service Recipient" 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, recycling programs, County household hazardous waste collection, street sweeping to clean streets after curbside collection of debris., recyclables and yard waste and any other programs that the City implements to facilitate+ the safe disposal or reuse and recycling of used material.. Way 18, 2010 5 Cupertino- CoffectionAgreement 1.38. Source - Separated — "Source- Separated" Recyclable Materials means Recyclable Materials which have been 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 in solid 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 the side 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 containers to the location at the residence where they were when the driver arrived. 1.41. Working Day - "Working Day" means Monday through Friday (except Holidays) for single family residential services, including Saturdays following Holidays; Monday through Saturday except Holidays) for services to multi- family dwellings and Non - Residential accounts; and Monday through Friday (except Holidays) for all other 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, 2010 to 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 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. 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, businesses and other commercial enterprises in the Franchise Area for the term of this Agreement. A.Collection and processing of all Recyclable Materials generated in 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 Garbage generated in the Franchise Area. The foregoing grant of exclusive franchise includes collection of garbage and construction and May 18, 2010 6 Cupertino- CoffectionAgreement 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 have the right to pursue any and all civil remedies against any person or entity it finds infringing upon its exclusive franchise rights. 3.2 Exceptions - The exclusive franchise granted to Franchisee to perform collection services does not extend to any of the following, and City expressly reserves the right to allow other service providers, by contract or otherwise, to perform 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 wastes by 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 more than 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, using equipment owned by the contractor, rather than as a hauling service. D.Removal of Green Waste 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 Recipients to set out Recyclable Materials or Compostable Materials, or Bulky Goods for collection by Franchisee. Service Recipients may dispose of Recyclable Materials and Bulky Goods through other appropriate means including, but not 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, in the collection vehicles and at the processing facility, or otherwise, any group of materials collected pursuant to this Agreement from any other group 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 to this 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 Agreement 3.5 Use of Recycled Products - Franchisee will, wherever reasonably feasible in the performance of services under this Agreement, use products or materials which contain recycled materials 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. Beginning November 1, 2010 and continuing through the term of this Agreement, Franchisee shall perform collection services as provided in this Article 4. All such services shall be performed in a thorough and professional manner regardless of weather conditions and difficulty of collection. Commercial collection services shall occur only between the hours of 6:00 AM and 5:00 PM, unless specifically approved in advance in writing by City Representative. Residential collection services shall comply with the City's noise ordinance and occur only between the hours 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 close enough that the collection vehicle noise disrupts sleeping residents, collection shall not start before 8:00 AM. 4.1.2. All Residential Recyclable Materials and Compostable Materials and Garbage collected pursuant to this Agreement shall be and become the property of the Franchisee at the time these materials are placed in the collection containers. All Non - Residential, Recyclable Materials and Compostable Materials and Garbage collected pursuant to this Agreement shall be and become the property of the Franchisee at the time these materials are placed in the collection containers. Franchisee shall, to the maximum extent reasonably 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 credit toward the State diversion mandates. 4.1.3 Franchisee shall provide Walk -Up Service to collect Recyclable Materials and Compostable Materials and Garbage adjacent to the home of all residents who request and subscribe for this service. Franchisee shall provide Walk -Up Service to single - family dwellings if all adults residing therein have disabilities that prevent them from setting the Recyclables, Compostables and Garbage 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 the manner required by City. No additional 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 date and 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 card stock copy of the n otice affixed to the handle or outside 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- CoCfectionAgreement 4.1.5 All collection vehicles and equipment shall be constructed and maintained to prevent leakage or spillage. Except when material is being loaded or unloaded, or when the vehicle is in the process of collection, Franchisee shall at al I times keep, Recyclable Materials and Compostable Materials and Garbage loads corr.pletely covered so as to prevent litter, leakage or spillage from the collection vehicle. Franchise.- shall immediately clean up any litter, leakage or spillage (in the manner described 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 City for all reasonable costs incurred by City in the cleanup of all litter created by Franchisee in 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 tern of 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 shielding to 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 the event that the provision of services to any Service Recipient would require Franchisee to operate 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 and the Service Recipient to find a solution to the problem. Franchisee shall not be required to collect Garbage, Recyclable Materials and Compostable Materials from that Service Recipient until the materials can be safely collected. 4.2.Holiday Service - Franchisee shall not be required to 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.Residential Recyclable Materials Collection - Franchisee shall collect all Recyclable Materials listed in 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 Compostables or Garbage Containers, at an accessible place 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- ColrectionAgreement Recyclable Materials Containers provided by Franchisee shall 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 to this 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 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 cardboard boxes, which are too large to fit in the Recyclable Materials Container, next to the container. Franchisee shall collect such Recyclable Materials Overages on the same 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, cardboard boxes or 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 to Section 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 shall not 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 Municipal Code; that are not set out in conformance with Section 4.3.3 of this Agreement. If the Recyclable Materials are too contaminated to 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 shall not 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 meet the requirements for such pitchers specified in EXHIBIT H Franchisee shall 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- CoffectionAgreement 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 Containers adjacent to the Recyclables or Garbage Containers, at an accessible place selected by the resident. 4.4.2. Compostable Materials Containers — Franchisee shall 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 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 coil .-cted from Franchisee supplied Compostable Materials Containers, or other durable containers provided by the Residential Service Recipient. If other containers are used, the combined weight of the container and the Compostable Materials shall not exceed sixty (60) 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 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 Recipient each 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. Franchisee shall provide (pursuant to Section 4.3.2) a sufficient number of additional Compostable Materials Containers to 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 too contaminated to process, Franchisee shall leave a Non - Collection Notice (NCN), 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. Only residue from processing Compostable Materials may be landfilled. 4.4.4 Christmas Tree Collection - As part ofthe Compostable Materials Collection Program, Franchisee shall collect, on the normal Compostable Materials Collection schedule, all unomamented Christmas 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 shall Franchisee be required to collect trees, or parts of trees, which are over six (6) feet in length. May 18, 2010 11 Cupertino- CoffectionAgreement 4.4.5 Providing Home Compost Bins — To reduce the amount of Compostable Materials requiring collection and processing, Franchisee shall offer two 1 -hour back -yard composting classes per year for Cupertino residents, at dates and locations selected by City. Franchisee shall offer a free Biostack compost bin to each 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 delivered to their house 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 free Biostack compost bin or credit for a household - purchased Biostack compost bin) to each 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 cost of each additional bin (not to exceed $100 per bin). 4.4.6 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 covering that portion of the collection of compostable materials, as listed in EXHIBIT B. 4.5.Residential Garbage Collection - Materials not collected by Franchisee 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 required to collect as Garbage, such as Hazardous Materials). 4.5.1. Frequency of Collection - Franchisee shall provide regular, scheduled collection of all Garbage generated from each Residential Service Recipient every week. Garbage shall be collected from Garbage Containers placed adjacent 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 Container to each Residential Service Recipient based on the 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 by Franchisee to Residential Service Recipients pursuant to this Agreement shall become the property of the City at the termination of this Agreement. Garbage Containers provided by Franchisee 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 normal level of service on the normal day of collection when the Service Recipient has made arrangements with Franchisee at least one day in advance of the regular collection day, to schedule the collection and make the 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 Agreement 4.5.4. Extra Garbage Service - Franchisee shall collect Garbage from Residential Service Recipients on other than the 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 any Garbage 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 Municipal Code; when the contents of plastic bags exceed 30 pounds in w .-fight; or when the volume of the Garbage exceeds 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 the event of non - collection, Franchisee shall leave a Non - Collection Notice (NCN). 4.6. Missed Pick -Ups - The failure of Franchisee to pick up Recyclable or Compostable Materials or Garbage which have been 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 any reason 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, Franchisee shall 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 the Service Recipient within one Working Day of Franchisee being notified of the Missed Pick -up. Franchisee shall maintain a written record of all contacts (e.g., calls and email messages) relating to Missed Pick -ups and the response provided by Franchisee. 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 in this Section, City or its agents may collect and transport the material. City shall notify Franchisee in writing whenever City or its agent collects a Missed Pick -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 - 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 and 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. 4.7.2 Extra Garbage Service - Franchisee shall collect Garbage from Non - Residential Service Recipients on other than a normal service day when the Service Recipient has called and made May I8, 2010 13 Cupertino- CoffectionAgreement arrangements with Franchisee in advance to schedule the collection and make the appropriate payment. 4.7.3 Non - Collection - Franchisee shall not be required to collect any Garbage that is contaminated by (a) hazardous waste, (b) biomedical waste, (c) ash, and (d) sewage and 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 the Franchisee for that size of container; or when the volume of the Garbage exceeds the capacity of the Garbage 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 attempt to contact the business 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 — Franchisee shall provide Recyclable Materials collection services 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 of the containers provided by the 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 service subscribed 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 options listed 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, Franchisee shall leave a Non- Collection Notice (NCN). 4.9 Non - Residential Compostable Materials Collection 4.9.1 Frequency of Collection - Franchisee shall provide Compostable Materials collection services to all Non - Residential Service Recipients that subscribe for this service. Franchisee shall be entitled to charge Non- Residential Service Recipients that subscribe 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, but not limited to, restaurants, markets and grocery stores, delis and sandwich shops, and florists) and invite them to participate in 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 Agreement 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 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 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. 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). 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 and Garbage in Debris Boxes, Compactors and Bin -by- the -Day services on the schedule subscribed for by the Service 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. Franchisee shall provide Compactors to Service Recipients who wish 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 Services may be used 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 exceed the normal service provided. For billing and compensation purposes, all Debris Box 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 the rates 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 Materials from each Bin -by- the -Day or Debris Box, on the schedule requested by the Service Recipient, but not less often than once a week if they contain Garbage. 4.10.2 Non - Collection - Franchisee shall not be required to 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 that contain Hazardous Materials. In the event of non - collection, Franchisee shall contact the Service Recipient by telephone if possible, leave a Non- Collection Notice (NCN). 9Kay 18, 2010 15 Cupertino - Collection Agreement 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 to collect and remove from the agreed -upon locations all acceptable wastes delivered by residents to 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 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- Call Collection Services to each Residential Service Recipient. Franchisee shall provide the services described in EXHIBIT E of this Agreement. Franchisee shall handle 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 service level 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, 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 the services 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 service more 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 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 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 3fay 18, 2010 16 Cupertino- CoffectionAgreement Collector if at any time City does not approve the Household Hazardous Waste Fee required to fund the HHW Program. ARTICLE 5 COLLECTION ROUTES 5.1 Collection Route Information - Franchisee shall 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, 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 PDF format. F.A listing 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 to boundaries and addresses affected) not less than sixty (60) calendar days prior to the proposed 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 the proposed change is acceptable or not. Franchisee shall not implement any route 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 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. 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 Equipment Specifications 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 Motor Vehicles. May 18, 2010 17 Cupertino-Coffection Agreement 6.1.3 Safety Markings - All collection equipment used by Franchisee shall have appropriate safety markings including, but not limited to, highway lighting, flashing and warning lights, clearance lights, and reflective tape striping. All such safety markings shall be in accordance with the requirements of the California Vehicle Code. 6.1.4 Vehicle Signage - Franchisee's name, telephone number 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 - The noise level generated by collection vehicles using compaction mechanisms during the stationary compaction 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 level using the "A" scale of a standard sound level meter at slow response. Franchisee shall cause the collection vehicles to 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 most recent 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 make such 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 required by State law. Franchisee shall not use any vehicle which does not pass such inspection, or fully comply with all applicable federal, state, and local laws. 6.1.7 Equipment Maintenance - Franchisee shall 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 all collection vehicles (including vehicle striping) during the term of this Agreement on a frequency necessary to maintain a positive public image as reasonably determined by the City Representative. Franchisee shall wash 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 all leaking front - loader bins within one (1) Working Day of notification of damage. The Franchisee shall not transport full and leaking compactor or front- loader bins through public or private streets where the seepage has 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 routine maintenance, dates of performance of additional maintenance, and description of additional maintenance performed. 6.1.9 Back -Up Equipment - Franchisee shall maintain sufficient back -up equipment to ensure uninterrupted collection service during the tern of this Agreement. May 18, 2010 18 Cupertino - Collection Agreement ARTICLE 7 GARBAGE DISPOSAL 7.1 Franchisee's Responsibility 7.1.1 Delivery of Materials - Franchisee shall transport all Garbage collected from Service Recipients by 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 to Section 11.6.) If the Newby Island Landfill becomes unavailable to Franchisee (during normal operating hours) at any time during the term of this Agreement, City will work with Franchisee to identify an alternative location 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 alternate disposal site, and City will compensate Franchisee for any additional operating costs associated with having to use an alternate disposal facility. ARTICLE 8 RETURN OF COMPOST TO 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 Materials collected 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, upon ten (10) days prior notice to Franchisee of the date of pickup and the amount to be collected. ARTICLE 9 ADDITIONAL SERVICES 9.1 Customer Relations 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 with City 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 representatives shall be knowledgeable about all services offered under this Agreement, and able to assist on any matters which relate to 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 bins that have been placed by Franchisee in driveways or in the middle of May 18, 2010 19 Cupertino- CofkctionAgreement the street, within one Working Day of Service Recipient's request for assistance. A telephone answering machine shall 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 the Franchisee 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 easy access to information, as well as instruction on how to maximize and correctly utilize new services, especially to help prevent contamination of Recyclable Materials that are intended for processing or 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 Recipient Inquiries and Complaints - All incoming calls shall 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 covered under Section 12.5 may be applied. Franchisee shall make return calls to customers from messages received. Franchisee shall make three (3) attempts to return the call within one (1) Working Day of the receipt of the call. If Franchisee is unable to reach the caller in three attempts, Franchisee shall send a postcard to the caller on the second Working Day after The call was received, indicating that the Franchisee has attempted to return the call. All attempts to contact the caller shall be recorded on the log kept by Franchisee. Franchisee shall record all complaints in a log which includes the date, time, nature of the complaint, complainant's name and address (if the complainant is willing to give this information), and nature and date and manner of resolution of complaint. This log shall be in a format approved by City, and shall be available for inspection by 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, and sent 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 approval not to be unreasonably withheld, conditioned or delayed by City). A draft of all text 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 Representative shall be incorporated, and the 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 State and Federal Legislation promoting 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. processed and marketed by May 18, 2010 20 Cupertino- ColTectionAgreement 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 the proposed material would require a modification of the current Recyclable Materials collection vehicles, the use of an additional Recyclable Materials Container, and the use of additional collection vehicles, and shall notify City of the estimated costs of adding the proposed material. C.If City proposes such addition in writing, Franchisee shall submit a written proposal detailing how the materials would be handled and the cost 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 in good 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 materials being recovered before any changes in the program are implemented. F.During the course of this agreement, City may approve a ban on landfilling selected material types. This ban will likely take the form of a requirement that the Franchisee not collect Garbage Containers that contain visible quantities of the banned materials. Franchisee agrees that if City does enact such a ban, Franchisee will support this ban by complying with City's request to not collect contaminated loads. In the event of non - collection, Franchisee shall leave a Non - Collection Notice (NCN). 9.4 Emergency Services - Franchisee shall begin providing emergency services as directed by 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 other natural calamity, riot, insurrection public disobedience, labor controversy, labor strike, or similar condition which threaten the public health, safety and welfare, and which are reasonably related to the services provided by Franchisee under this Agreement. City shall pay Franchisee for emergency services performed pursuant to this Section 9.4 at the rate of One Hundred Fifty Dollars ($150) per hour of service by 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 carry out such emergency services 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 shall pay Franchisee 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- CoffectionAgreement 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 time during the term of this Agreement, for a period of three (3) consecutive Working Days or more, Franchisee fails for any reason to collect and remove Garbage, Recyclable Materials and Compostable Materials from all or a substantial portion of Service Recipients as required in this Agreement, City may immediately, upon prior written notice to Franchisee, cause such Garbage, Recyclable Materials and Compostable Materials to be collected and removed by whatever 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 continues to collect fees from Service Recipients pursuant to Section 11.4 of this Agreement, Franchisee shall pay any and all reasonable costs incurred by City for 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 to Franchisee, City may (but shall not be required to) take possession of and operate through its employees or any other properly licensed persons, any and all trucks and other equipment 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 rental value of the ec uipment used. While City, or its agents, uses Franchisee's equipment under this Section 9.5.2 to provide 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 such damage or liability is not covered by insurance. Employees of Franchisee, including management employees, may be employed by City during any period in which City temporarily assumes the obligations of Franchisee under this Agreement. 9.5.3 Strike or Labor Dispute - The parties hereby agree that in the event a strike or labor dispute occurs, this Agreement shall not terminate 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 being understood that this Agreement may only be terminated in accordance with Article 16). In order to insure that its obligations under this Agreement are adequately performed, Franchisee may 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 Agreement caused Franchisee to fail to collect and remove Garbage, Recyclable Materials and Compostable Materials in accordance 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. Reports shall be in a format approved by City Representative. Revenue and Tonnage information shall be provided in a Microsoft Excel spreadsheet, with totals calculated by formulas 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 the Service 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. Franchisee shall cooperate with City with respect to providing information relevant to this 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 in this Agreement. The database may not 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 considered to be jointly owned by both City and the 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 Franchisee shall 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 through October 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 in this 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 that prevent them from setting the Recyciables, Compostables and Garbage carts at the curb for collection, and if a request for non- subscription on-premises service has been made to, and approved by, the City Representative in the manner required by City. No additional monies shall be due to Franchisee for the provision of non - subscription on- premises service. Franchisee may 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. Upon receipt of Franchisee's request, the City Representative shall 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- CoCfectionAgreement Franchisee may submit to the City Representative any information relevant to the City Representative's determination. 11.3 Maximum Rate Adjustments to Service Recipi — The maximum rates chargeable by Franchisee to Service Recipients for services provided pursuant to this Agreement shall be adjusted annually based on the formula provided in Section 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, all Residential Service Recipients not 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. Franchisee shall undertake reasonable efforts to obtain payment of delinquent amounts from Service Recipients, including, but not limited to, sending three (3) written notices and demand letters, and making weekly telephone calls to all Service Recipients who have not paid their bill by the due date. The "second notice" billing should be mailed not later 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, addresses and 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 — Franchisee shall 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 the revenues from the sale of recyclable materials and from the Household Hazardous Waste Fee (as defined below). Franchisee shall 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 all revenues. This documentation 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 debris box 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 compactors disposed at Newby Island landfill which are reimbursed to City shall be sufficiently documented to identify the source of this reimbursement to the City. Franchise Fees are due on all revenues and Solid Waste Fund 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 Agreement ARTICLE 12 FRANCHISEE'S COMPENSATION 12.1 Franchisee's Compensation - Franchisee shall retain all 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 Consumer Price 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 Contract Year by one 1) plus the Annual Percentage Change in CPI -U. The "Annual Percentage Change" in CPI -U is calculated as the Average Index Value of CPI -U for the 12 -month period ending on March 31 of the current Contract Year, minus the Average Index Value of CPI -U for the 12 -month period ending on March 31 of the prior Contract Year, and dividing the result by the Average Index Value of CPI -U for the 12 -month period ending 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 example shown 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 rates and fees to maintain the required revenues to Franchisee. 12.3 Special Maximum Rate Adjustments — Regulatory changes and 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 by Franchisee. Franchisee may request a special adjustment at any time. Special adjustments will be solely at the reasonable discretion of City, 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 any change in law (including without limitation case law, statutes, rules and regulations and the interpretation or application thereof by any court or governmental 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 the event or circumstance giving rise to the request, Franchisee's additional or excess costs arising out of or relating to such event or circumstance, and the change in the maximum rate structure that 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 incurred by Franchisee with respect to such event or circumstance, May 18, 2010 25 Cupertino- CofrectionAgreement 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 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. 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. 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 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 pay such amount as liquidated damages (not as a penalty) for the following incidents: For each failure over six (6), in any twelve (12) consecutive month period, to commence service to a new Service Recipient within seven (7) days of the Service Recipient's request for service. For each failure over six (6), in any twelve (12) consecutive month period, to provide Recyclable 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 that they were placed 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 Missed Pick -up and requests collection. 3fay 18, 2010 26 Cupertino- CodectionAgreement 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 early or payment due dates are earlier than provided for in Section 11.4 of this Agreement. For each Working Day that 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 incomplete after City has notified Franchisee of the inaccuracy or incompleteness. For each complaint over two (2) in any month regarding 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 seepage has 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 to perform 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, or to 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 and the expected time allowance for resolution. The Parties agree to meet to discuss, in good faith, a resolution prior to City assessing incremental increases. 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 Representative shall be final. Franchisee shall pay any liquidated damages within thirty (30) calendar days after they are assessed. Payment of liquidated damages will in no way be a waiver of City's authority to terminate this Agreement 12.7 Household Hazardous Waste Fee - Franchisee will contract with Curbside, Inc. to provide a Household Hazardous Waste Program to City residents. On behalf of City, Franchisee agrees to include 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 "). The Household Hazardous Waste Fee for the first Contract Year (November 1, 2010 through October 31, 2011) shall be the rate set forth on EXHIBIT B, and shall thereafter be adjusted by the same percentage that is applied to other rates pursuant to Section 12.2. The parties acknowledge that the Household Hazardous Waste Fee and the adjustment mechanism may change if the Household Hazardous Waste Collector is replaced. Stay 18, 2010 27 Cupertino- CoffectionAgreement 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 any such change takes 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 surety licensed 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. The bond 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 continue in 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 provided to 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 the State of California, with a financial condition 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 bond shall be such that if Franchisee shall well and truly perform the covenants, promises, undertakings and obligations contracted by Franchisee to be performed under this Agreement (other than inchoate indemnity obligations), then the obligation of the bond shall be void; otherwise it shall remain in full force and effect. Said bond shall terminate and be canceled upon the completion of all of Franchisee's obligations under this Agreement (other than inchoate indemnity obligations). City shall execute and deliver to Franchisee or Franchisee's surety company promptly upon Franchisee's completion of all of Franchisee's obligations under this Agreement (other than inchoate indemnity obligations) such certificates or other documents as either of them may 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 performance bond or the letter of credit in the event of a breach or default of Franchisee or the failure of Franchisee to perform fully any obligation under this Agreement, only upon one (1) Working Day's prior written notice to Franchisee, to reimburse City's reasonable, and necessary 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 performance bond 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 maintain throughout 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 performance by Franchisee's employees, agents, representatives and subcontractors. May 18, 2010 28 Cupertino - Collection Agreement 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 for bodily injury, personal injury and property damage. B.Automobile Liability: $4,000,000 per accident, bodily injury and property damage combined. C.Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the California Labor Code and Employers Liability. D. Hazardous Waste and Environmental Impairment 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 specified by 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 by Franchisee. The coverage shall contain no special limitations on the scope of protection afforded 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 shall not contribute with it. 3.Coverage shall state that Franchisee's insurance shall apply separately to each insured against whom claim is made 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 shall not 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 in good 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 Key Rating Guide; and status as insurers admitted in California. If the company is not rated, current financial information should accompany the 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 by that 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 Agreement renewal of coverage or change of insurers. Proof of insurance shall be provided in writing to the City Representative. 14.5 Subcontractors — Franchisee's insurance shall include coverage for work performed in connection with this Agreement by its subcontractors, and Franchisee shall obtain separate certificates and endorsements for each subcontractor evidencing the same coverage and 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 Representative determines 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 event Franchisee fails to maintain in full force and effect any insurance policy required to be maintained by Franchisee under this Article 14, City may, in addition to any other remedies under this Agreement, pay the premiums for such insurance policy on Franchisee's behalf, and Franchisee agrees to pay the cost 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 any and 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 Franchisee Party in the performance of this Agreement with any laws respecting 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 services under this Agreement shall not operate as a waiver of such indemnification or hold harmless. 15.2 Defense - Upon the demand of City, Franchisee shall defend 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 employees shall not extend to any Losses to the extent arising from acts or omissions constituting negligence or willful misconduct on the part of City, its officers, agents or employees, or their subcontractors. 15.4 Damage by Franchisee - If Franchisee's employees or subcontractors cause any injury, damage or loss to City property, 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 any such 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- CoffectionAgreement hydraulic fluid, motor oil, or similar fluids on City streets or curbs, Franchisee shall, within two (2) hours of the spill, apply absorbents to mitigate the effects of the spill, but shall not be required to remove (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 Franchisee upon the occurrence of any of the following (each, an "Event of Default "): 16.1.1 Failure to Perform -Franchisee's default of any material duty or obligation of Franchisee under this Agreement and Franchisee's failure :o cure such default within thirty (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 begin actions to cure the 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 in failure to provide and maintain the performance bond as required by this Agreement or failure to obtain or maintain the insurance policies and endorsements as required by this Agreement. 16.1.3 Failure to Indemnify for AB 939 Penal ties -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 court entry of any decree or order approving as properly filed a petition seeking r .-organization of Franchisee or an arrangement under the bankruptcy laws or 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 financial capability to perform this Agreement is impaired. 16.2 Authority to Terminate - 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 pay any fees, taxes, or other charges then due to City nor relieve Franchisee of the obligation to file any Monthly Reports or Annual Reports covering the period to termination nor relieve Franchisee from any claim for damages previously accrued or then accruing against Franchisee. City shall pay to Franchisee, and Franchisee shall be entitled to collect from 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- CoffectionAgreement 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 (unless City 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, shall begin actions to cure the 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. 16.5 Force Majeure - Neither party shall be in default of its obligations under this Agreement in the event that, and for so long as, it is impossible or extremely impracticable for such party to perform its obligations due to a Force Majeure event or the effect thereof. A party claiming excuse under this Section 16.2 shall promptly give notice 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 supervision required for the performance of Franchisee's obligations under this Agreement. Franchisee shall 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 by any Service Recipient except as expressly provided by this Agreement. 17.3 Assignment - The experience and expertise of Franchisee are material considerations for this Agreement. Franchisee shall not assign any of Franchisee's rights nor delegate any of Franchisee's duties under this Agreement without the prior written consent of City. Any attempt to so assign Franchisee's rights or delegate Franchisee's duties shall be void and of no force or effect. Should the Franchisee wish to assign any of Franchisee's duties under this Agreement, Franchisee must submit their request in writing, and proposal must be approved by City Council prior to implementation. Any attempted assignment shall be null and void and of no effect without prior City Council approval. 17.4 Successors and Assigns - This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided That no party hereto may assign this Agreement without the prior consent of the other party, which consent the City may withhold at its sole discretion; and provided, further, that no assignment shall be valid and binding that endeavors to relieve the 9Kay 18, 2010 32 Cupertino - Collection Agreement assigning party 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 other reorganization of Franchisee, or sale or other transfer of the capital stock of Franchisee, which result3 in any party other than Recology, Inc., a California corporation, or its affiliates holding 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 to vote 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 exclusive control over the details of the services and work performed and over all persons performing such services 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, contractors or subcontractors shall obtain any right to retirement benefits, Workers' Compensation benefits, or any other benefits which accrue to City employees and Franchisee expressly waives 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 other words 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 extent permissible by law. Each party consents to service of process in any manner authorized by California law. 17.9 Compliance with Law - In the performance of this Agreement, Franchisee shall comply with all applicable laws, regulations, ordinances and codes of the federal, state and local governments, including without limitation 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 maintain throughout the term of this Agreement, all necessary permits, licenses and approvals required for Franchisee to perform the work and services agreed to be performed by Franchisee pursuant to this Agreement. Franchisee shall show 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 the services 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 Agreement 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 breach or violation of any term, covenant or condition of this Agreement shall not be deemed to be a waiver of any other term, covenant or condition or any subsequent breach or violation of the same or of any other term, covenant or condition. The subsequent acceptance by City of any fee, tax, or any other moneys which may become due from Franchisee to City shall not be deemed to be a waiver by City of any breach or violation of any term, covenant or condition of this Agreement. 17.13 Notices - All notices and other communications required 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 delivered to the party to be notified, (iii) when sent by facsimile with written confirmation of receipt if sent during the normal business hours 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, with written verification of receipt, or (v) if sent by email, upon confirmation of receipt by 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 notices or 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 reached by phone 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 to provide services following the expiration or earlier termination of this Agreement, Franchisee shall cooperate fully with City and any subsequent Franchisee to assure a smooth transition of services described in this 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 provided to City within five (5) Working Days of the request by City. May 18, 2010 34 Cupertino - Collection Agreement 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 City for a minimum period of three 3) years, or for any longer period required 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 for any longer period required 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 time during Franchisee's regular business hours, upon reasonable notice and prior written request by the City Representative, City Attorney, or a designated representative of any of these officers. Copies of such documents shall 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 records shall 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 services under this Agreement, products or materials which contain recycled materials content. This would include such items as reports on recycled content paper, recycling Containers with recycled plastic 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 - The subject 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 parties hereto 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 or more of the provisions of this Agreement be held by any court to be invalid, void or unenforceable, the remaining provisions shall nevertheless remain and continue in full force and effect, and the parties shall promptly meet and negotiate a substitute for such invalid provisions and modifications to any remaining provisions so as to effect the original intent of the parties to the extent legally permissible, provided that the substitute and remaining provisions as so negotiated do not materially change the rights, duties or obligations of either party from those rights, duties or obligations originally contemplated by this Agreement. 17.22 Entirety: Agreement and Exhibits - This Agreement represents the entire Agreement of City and Franchisee with respect to the services to be provided under this 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 Exhibits to Kay 18, 2010 35 Cupertino - Collection Agreement this Agreement are hereby incorporated into and made 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 to recover reasonable 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. 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 other party 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 notice called for under Section 17.25.1, 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 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 parties shall meet with the mediator in a good faith attempt to resolve their dispute. The parties shall continue to meet with the mediator until their dispute is resolved or the mediator indicates 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 blank. Signatures on the following page. WITNESS the execution of this Agreement on the dates set forth below. May 18, 2010 36 Cupertino- ColTectionAgreement City of Cupertino Recology Cupertino A Municipal C 1, California Corporation By: orpora By: Cty of Cupertino Gen ral anage Date:Uate:0 L b Approve as to Form:Attest: City Clerk City Attorney Date:to I `oZ 9Kay 18, 2010 37 Cupertino- CodectionAgreement 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 all colors 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, wrapping paper, flattened corrugated cardboard 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 Plastic household items and toys Scrap and 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 not exceeding forty (40) pounds in weight nor two (2) feet in any dimension for an) single item 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 to economic use. Franchisee will run its " Coats for Kids program in the fall of every year 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 to local non - profit organizations to keep children and adults in need warm through the winter months. Compostable Materials include: organic materials generated from tree trimming, shrubbery pruning, vegetative garden wastes, dead plants, weeds, leaves, grass clippings, and non -food vegetative matter all food soiled paper, such as napkins, towels, plates, tissue, cups, and take -out containers, and including pizza boxes and waxed cardboard 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 Agreement 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. Motor oil will be placed in sealed, clear, plastic, one - gallon containers approved by Franchisee, oil filters in clear zip lock bags, batteries in separate clear zip lock bags, and CFLs in separate clear zip lock bags. These materials will be placed on the ground at the curb, next to the Garbage or Recycling Containers by the Service Recipient. All Electronic -waste and Universal -waste will be collected through the on -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 permitted processor. Franchisee will not separately charge the City for disposal of any E- waste or U -waste collected from residents. May 18, 2010 39 Cupertino- CofkctionAgreement EXHIBIT B: SCHEDULE OF APPROVED MAXIMUM RATES Initial Recology Cupertino Maximum Rates for the City of 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 Bag Tag 5.89 10 Bag Tags 55.97 Extra Can (1 -Time)10.14 9Kay 18, 2010 40 Cupertino- CoffectionAgreement 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 (Per unit, for units that 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 Agreement 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 service are never more than 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 Week Service 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 Week Service 660.81 6 CY Container 3X Week Service 991.21 6 CY Container 4X Week Service 1,321.61 6 CY Container 5X Week Service 1,652.02 6 CY Container 6X Week Service 1,982.43 6 CY Container Extra Pick -up 87.93 May 18, 2010 42 Cupertino- CofrectionAgreement 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 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 Week Service 83.32 Pushout Container 3X Week Service 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 containers moved more 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- CoffectionAgreement 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 REVISED TO 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- CotTectionAgreement 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 mail piece that articulates changes, enhancements, schedules, and simple instructions to make participating in the expanded recycling programs easy. Maintain a website for customer use, with links to additional resources. Place program advertisements in local newspaper. Produce and distribute service brochures for single family and commercial service units. Poster will be provided to commercial service customers 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 its expanded 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 bags each 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- CoCfectionAgreement 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 its many constituencies. Enlist the creativity, support and partnership of community organizations to help promote the City's program. (They will have great ideas!) On -Going Public Education & Outreach Franchisee will conduct a year around public education program that will focus on: Proactive Communications Being Visible and Accessible to Our Community Facilities as a Community Resource Educating Our Youth 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 Agreement City's residents. Create at least four distinct public education outreach campaigns per year focusing on increasing diversion. These campaigns will correspond to the seasons of the calendar year 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 most common problems seen during the year. WINTER - Holiday tree recycling - critical information people need to know in order to 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 supplementary simple informational pieces to support the above periodically conducted campaigns. Maintain an active website for customer use with links to the City's website. Create a YOUTH campaign to engage and educate children about this program. Place promotional signs on 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 any and all preparation of press kits and participation in press conferences). May 18, 2010 47 Cupertino - Collection Agreement 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 or notices in the customer billing statements. Provide on -going supplies of print materials to community facilities that people turn to for information - e.g. libraries, Quinlan Community Center, the Senior Center and City Hall, etc. Ensure Franchisee's website is well maintained and contains accurate and timely information, with direct links to 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, students and schools as a whole, to engage this special constituency in ways 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 to do 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 partnerships to gain help in conducting on -going public education and community outreach services with particular emphasis on 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 since the trucks are ever - present in the neighborhoods and communities. May 18, 2010 48 Cupertino- CoffectionAgreement 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. Franchisee shall 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 than three (3) feet long in any dimension e) white goods that do not 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 donated to a non - profit service organization) i) usable textiles (to be donated to a non -profit service organization) j) all other Recyclable Materials C. Franchisee shall accept from residents of City, and seep separate for composting, the following materials: a) unpainted and untreated wood b) all other Compostable Materials 2. Materials Excluded from City -wide Recycling Events: Franchisee shall not be required to accept the following materials during City -wide cleanups: a) tree trimmings which are more than 6" in diameter b) more than 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 other materials not included in 1A, 1B or IC above May 18, 2010 49 Cupertino- CofkctionAgreement EXHIBIT E: ON -CALL COLLECTION SERVICES Only Residential Service Recipients with garbage service are eligible to use the On -Call Collection Services program. Residential Service Recipients can schedule up to two collection days per 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 Service Recipient 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 must not 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- CoffectionAgreement 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- CoffectionAgreement EXHIBIT G: REPORTING REQUIREMENTS 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, City -wide recycling events, and Garbage 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; and any 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 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), 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 received or been given a credit for a Biostack 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. 1.5 Problems Encountered 9Kay 18, 2010 52 Cupertino - Collection Agreement 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 scaven;;ing), processing and /or marketing, 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 Material, 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. 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 cornain a listing of all new Service Recipients, including their 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 provided to City as required in Section 8.1 of this Agreement. 3.Annual Reports 3.1 Annual Report Submitted 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, including information on the 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, and increase participation. The Annual Report shall 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 Agreement 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. 31ay 18, 2010 54 Cupertino- CoffectionAgreement EXHIBIT H: DIVERSION GOALS Franchisee has projected achieving 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 Franchisee may add 0.25 tons (500 pounds) per year :o the quantity of organics shown as diverted for each household that is provided a Biostack Compost bin at one of Franchisee's home composting classes, as specified in Section 4.4.5 of this Agreement. Expanded Diversion (program Features Single - Family Residential Services: Provide each residential customer with a dishwasher- safe, pitcher 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 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- Callon 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 May 18, 2010 55 Cupertino- CofCectionAgreement 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 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 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 May 18, 2010 56 Cupertino- CoffectionAgreement 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 3fay 18, 2010 57 Cupertino- CoffectionAgreement Single Stream Recyclable Commodities In the following table are first listed the recyclable commodities that are currently collected in Cupertino, followed by the list of additional recyclable commodities that 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 containers including those made of aluminum, tin, steel and bi- metal. Corrugated Cardboard 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) Dry cell batteries Expan RtlrcyC le 00MM zM" Aerosol cans (empty) Car parts (fluid removed) Aluminum foil, trays and pans Frozen food packaging (paper base) All plastics with or without a number Flower pots (except black) Film plastic (bagged) Empty pizza boxes Cell phones Compact fluorescent light bulbs (SFD only) May 18, 2010 58 Cupertino- CoffectionAgreement Organic and Compostable Commodities In the following table are the organic and compostable commodities that will be collected within the expanded Cupertino diversion program beginning November 1, 2010. OWni Ccnu>r odW" Yard Waste - includes grass 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, bread and dough products All fruit and vegetables Food Soiled pizza and paper products Yard Waste - includes grass trimmings, 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, bread and dough products All fruit and vegetables Food Soiled pizza and paper product3 All soiled paper products such as napkins, towels, plates, tissue, cups and paper take -out containers Waxed cardboard Nett- tmptu ttbi+ Gt s Plastics Cornstarch Material Bio- Degradable Plastics Styrofoam Glass Ceramics Metal Liquids Garbage Pet Waste Treated wood or painted wood Household Hazardous Waste or chemicals May 18, 2010 59 Cupertino- Co(fectionAgreement 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 most people regardless of their physical limitations to dispose 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 parameters to 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 bag near the door or garage by 7:00 AM on the designated day and it is collected during the day by our customer service representative. In addition to the fact that this service benefits the participant, the data 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 our own design for use in preparing reports. Programs are extremely flexible. In addition to typical chemicals, 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 your only 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 in many states and virtually every one is custom designed to meet the needs and budget of that community. A copy of Curbside Inc's proposal to 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- CoffectionAgreement EXHIBIT J FORMULA FOR DETERMINING ANNUAL RATE ADJUSTMENT BASED ON CPI CHANGE Annual change for index CPI - U, series id. cuur422sa0 Example: Average July August September October November December 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- CoffectionAgreement EXHIBIT K PROPOSAL Door -to -Door Household Hazardous Waste Management Program City of Cupertino April 21, 2009 9day 18, 2010 62 Cupertino- CoffectionAgreement 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 Hazardous Waste Agreement Dear John, Please find attached two (2) signed copies of the Agreement between Recology Cupertino and Curbside Inc to provide Door -to -Door Household Hazardous Waste Services to the City of Cupertino. Please forward one fully executed copy back to my office to the attention of Socorro Fierro. f Sincrey, L Patrick F. Anderson Vice President- Sales SERVICES AGREEMENT FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION This Services Agreement for Household Hazardous Waste Collection (this " AAgreement ") is made 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 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 " Franchise Agreement "). WHEREAS, the Franchise Agreement requires Recology to enter 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 able to furnish such services. NOW, THEREFORE. THE PARTIES AGREE AS FOLLOWS: 1.PROVISION OF SER a) Curbside agrees to provide a door -to -door household hazardous waste, universal w aste. e -waste and sharps collection, recycling and disposal program in 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 the cost thereof) of all waste collected by it under this Agreement, and shall handle all such waste in a nnanner that maximizes diversion of the same. d) Curbside shall be solely responsible for all customer service and handling of all customer questions and complaints regarding the Program. Curbside shall maintain a customer service department to provide such services. e) Curbside shall at all times perform its obligations under this Agreement (the Services ") in a competent and professional manner using best industry practice for comparable operations in the State of California. f) Curbside shall furnish all labor, equipment, supplies and other goods and 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 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 any extension thereof ). unless earlier terminated pursuant to Section 2(b). Curbside shall provide all 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 should not 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 charging or 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 or entity 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 doing business, 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 to pay 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 consents to 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 its residential customers under the Franchise Agreement a fee (the Ho usehold Hazardous Waste Fee ") to compensae Curbside for the Services. Curbside shall not be entitled to directly bill any Resident, or charge any fee to any Resident for any reason whatsoever, unless such fee 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 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 the Program 1, 2010 through October 31, 2011). Subject to approval by City, the Household Hazardous Waste Fee shall thereafter be subject to the 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 the aggregate 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 all other costs and expenses. d) Collection Recology shall not be obligated to undertake any 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 payable to 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 shall reimburse 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 20th day of each calendar month. Curbside shall submit a monthly report, in a form acceptable to Recology, detailing the services 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 than that the 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 total weight and volume of waste of each materials type 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 3 communications by Curbside to City shall be made through Recology. Except as authorized by Recology, Curbside shall not conduct 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 in Attachment 3 of the Proposal at no additional cost to 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 rights or 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 not subcontract any of the Services without the prior written 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 hole harmless Recology and its directors, officers, employees and agents (collectively the " Indemnite es ") 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 but not limited to injury to and 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 in any 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 negligence or intentional misconduct of any Indemnitee, but shall apply 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 defend shall 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 or suffered 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 undertaken pursuant to this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) and any other applicable 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 and indemnify Indemnitees from liability. Curbside's duty to indemnify and defend shall survive the expiration or earlier termination of this Agreement. 10. INSURANCE_ a) Types and Amounts of Coverage Curbside shall procure from an insurance company or companies licensed to do business in the State of California and shall maintain in force at all times during the 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 than One 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 insurance required 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 covering all claims and all legal liability for personal injury, bodily injury, death, and property damage, including the loss of use thereof, arising out of, or occasioned in any way by, directly or indirectly, Curbside's performance of or its failure to perform, work or services under this Agreement. The insurance required by this subsection shall include: Products and Completed Operations; Personal Injury Liability with employment exclusion deleted; Broad Form Blanket Contractual (including coverage for the indemnity obligations contained herein); The comprehensive general liability insurrutce shall be written on an "occurrence" basis rather than a "claims made" basis) in a form at least as broad as the most current version of the Insurance Service Office commercial general liability occurrence policy form (CG0001). If occurrence coverage is not obtainable, Curbside must arrange for "tail coverage" on claims made to protect Recology from claims filed within four years after the expiration or tennination of this Wos 04625036911 5 Agreement relating to incidents that occurred 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 than One Million Dollars ($1,000,000) per accident, bodily inj muryandpropertydaage combined, covering all claims and all legal liability for personal injury. bodily injury, death, and property damage, including the loss of use thereof, arising out of, or occasioned in any way by, directly or indirectly, 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) P ollution 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 covering claims for personal injury, bodily injury, pollution and clean -up costs, and property damage as a result of pollution conditions arising out of Curbside's operations under this Agreement or the sudden 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 on the policies. 5) Physical Damage Curbside shall maintain comprehensive (fire, theft and collision) physical damage insurance covering the vehicles and equipment used in providing services under this Agreement, kt ith a deductible or self- insured retention not greater than One Hundred Thousand Dollars S 100,000). Notwithstanding the foregoing, Curbside shall be allowed to self-insure for physical damage to its vehicles provided Curbside provides adequate audited financial information to Recology and Recology is reasonably satisfied that 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 or larger and a rating classification of A+ or better. N0 046250359 ;1608022rv 6 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' Liability Policy 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 agents are 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 or program of self- insurance, and any other such insurance shall 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! to increase the company's liability as set forth in the policy beyond the amount shown or to which the company would have been liable if only one party had been named as an insured_" 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 insurance on a W03 046250369 1608022iv7 r r standard ACORD form substantiating that each of the coverage's required hereunder are in force, in form and substance satisfactory to Recology. Such certificates shall show the type and amount of coverage, effective dates and dates of expiration of policies and shall be accompanied by all required endorsements. If Recology requests, copies of each policy, together with all endorsements, shall also be promptly delivered to Recology. Curbside shall furnish renewal certificates to Recology to demonstrate maintenance of the required coverage's throughout the I en e) Other Insurance Requirements 1) In the event 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 Section 10(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 the insurers issuing policies. The carrying of insurance shall not relieve Curbside from any obligation under this Agreement, including those imposed by Sections 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 have the power to obligate or bind the other party in any manner whatsoever. The relationship between the parties hereunder is or._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 by Recology or City pertaining to or in connection with any retirement, health, or other benefits that Recology or 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 hazardous waste 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. Curbside shall 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 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, including without limitation those of City, and including without limitation those pertaining to the collection, transportation and disposal of hazardous waste collectively, " Applicable Law "). kil required notices shall 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 reports to Recology to enable Recology to evaluate the effectiveness of the services provided. Further, Curbside shall notify Recology of any actual or potential violations of any term, condition, law, ordinance. code or regulation immediately 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 written confirmation of receipt if sent during the normal business hours of the recipient, or if not, then on the next business day, (iii) five business days after having been sent by registered or certified mail, return receipt requested, postage prepaid, or (iv) one business day after deposit with a nationally recognized overnight courier, specifying next day delivery, with written verification of receipt. All such notices shall be s.-nt to the party to be notified at the address or facsimile number set forth below or 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, Curbside shall not discriminate, nor permit 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 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 by Curbside during operating hours, speak to any of Curbside's employees and receive cooperation from such employees in response to inquiries. In addition, upon reasonable notice and without interference with Curbside's operations. Recology may 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 all other materials prepared, or in the process of being prepared, for the services to be performed by Curbside shall be and are the property of Recology. Recology shall be entitled to access to and copies of these materials during the progress of the work. Any such materials remaining in the hands of Curbside or in 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 shall replace them at its own expense and Curbside assumes all risks of loss, damage or destruction of or to such materials. Curbside may retain a copy of all material produced under this Agreement for its use in its general business activities. Curbside will not be liable for Recology or third party 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 to its performance under this Agreement, including information required to verify the number of completed household hazardous waste collection stops. 18. GOVERNING LAW This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed under the laws of the State of C411fornia, without regard to its choice of law or 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 and state 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 into this Agreement, that this Agreement has been duly authorized, executed and delivered by, and constitutes a valid, binding and legally enforceable agreement of, such party, w03 046250369 i 608022; tiI 10 and that by entering into and performing its obligations under this Agreement, such party will not be in breach of its obligations to any third party. 20. IN VESTIGATION Curbside has made an independent investigation, satisfactory to it, of the conditions and circumstances surrounding this 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. WAI VER The waiver by either party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach or violation of the same or any other provision. ENTIRE AGREEMENT This Agreement, including the Exhibit(s), represents the full and entire agreement between the parties with respect to the matters 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 remain in 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 to reasonable attorneys' fees and 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 specifically provided. In addition, references to specific governmental agencies shall be understood to include ageocies that succeed to or assume the 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 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. 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, Curbside shall not begin providing the Program (and the start date thereof shall be delayed beyond Noyember 1, 2010) until such Permit by Rule has been obtained and takes effect. Curbside shall 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 IN WITNESS WHEREOF, the parties hereto have executed this Services Agreement for Household Hazardous Waste Collection by their duly authorized representatives as of the date first above written. Recology:Curbside: RE(- CUPER' O CURB By:Ey: Nara r lame: Its _ C -tGi rr 2 M D s: W03 U46250369- 1608022' O 13 EXHIBIT A to be attached: Curbside Inc. Proposal dated April 21, 2009 entitled "Door -to -Door Household Hazardous Waste Management Program, City of Cupertino'] wo 06250369:1508021v7 14 AN Door -i:o -Door Household Hazardous Waste Management Program City of Cupertino April 2'1, 2009 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 collect the full range of household hazardous waste (HHW), electronics and universal waste plus sharps and non - controlled medicines (pills and capsules only but no pill bottles) directly from residents' homes. This proposed program 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 to inform residents that the program will remove 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, garage door or yard gate in the morning for re- moval by the end of the work day (5:00 pm). The Door -to -Door program allows residents to participate when it is convenient for them, year - around, with the least risk to their health and the health of others. Seniors and disabled per- sons will be offered assistance when they cannot gather and remove the items from their ga- rages and homes. The program will be based upon a fixed fee, per month, per residential unit. All single family dwellings and multi -unit complexes will have the opportunity to use 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 waste collected through this program will be recycled. The proposed program includes the collection of all HHW (chemical products) non - controlled medicines (pills and capsules only), sharps, electronic waste and universal waste. The proposed program in- cludes but is not limited to the following: Collect the contents of the HHW Kit (provided via U.S. Mail) Collect E and U- waste, sharps and non- controlled medicines (pills and capsules; no containers or pill bottles) Install and service drop -boxes and containers for sharps, non - controlled medicines with an expanded list of medicine delivery formats and containers such as bottles, liquids and foil), CFL's and household batteries Render assistance to seniors and disabled persons (upon request) Properly dispose of all waste (recycling about 90 %) Provide postage -paid survey cards (mailed back directly to the City ) Create monthly reports Complete yearly 303 forms ATTACHMENT DOOR -TO -DOOR HOUSEHOLD HAZARDOUS WASTE OPERATIONAL PLAN Basic operation of the 1. Resident calls 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 property for placement of the collection bag and or e- waste /universal waste for pickup. 2. An HHW Kit will be provided to each participant who has HHW materials for collection by Curbside prior to the collection day. No kit for universal or a -waste collec- tions only. 3. On the scheduled day, the resident places the kit bag 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 to do 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 service HHW collection . The kit will usually arrive about three 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 and keep moisture out. Pre - printed and blank labels — residents use for items not in original containers Page 3 Instruction Sheet — complete program instructions and use of packaging materials Survey card — postage -paid card, participants mail directly to the City. The bag is used tc insure that all of the most hazardous waste streams are set out for collection are contained. Waste secured inside this very heavy, industrial bag will not be exposed to the elements. Although leaking containers are not to be placed in- side the bag, should an oil or paint can leak, all material would be contained. With the exception of auto batteries, fluorescent tubes and E /U- waste, all other material collected per stop must be contained within the bag. No limits will be placed on e- waste collection. The kit bag will not be used for a -waste or u- waste only stops Special service will be provided on an 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 package material for these individuals at no additional cost to The City . Most if not all assistance that would be required has typically been completed within a 15 minute time frame. If the residents requires more than 15 min a decision will be made as to weather or not to re- schedule this resident. It is important that all scheduled resi- dents are served during that day. For those residents who inform us that they have non - controlled medicines we will provide a separate bag labeled appropriately for non - controlled medicines in pill or capsule form only. For privacy reasons, we will not accept medicines provided 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 on an inventory form. Each item collected will be listed along with the name and address of the participant. A copy of the form is left with the participant. Data from the collection is entered into a database to calculate the approximate weight of the waste collected. This information is included in reports. Household hazardous waste is co- mingled as it is collected. Waste from one community is often co- mingled with waste from other communities. Curbside prepares shipping documents when we ship waste for recycling or disposal. We retain copies of these documents. Page 4 Management of Waste: Curbside participates in the Homeland Security Pilot program to determine if employees are legally allowed to work in the U.S. The screening takes 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 ensure that they have no criminal back- ground. These programs help to reduce the possibility that a Curbside employee would be a threat to members of your com- munity. Sharps must be collected by a registered medical waste trans- porter which Curbside is. Curbside is a registered hazardous waste transporter as well. Page 5 HOUSEHOLD HAZARDOUS WASTE MATERIALS ACCEPTABLE WASTE:UNACCEPTABLE WASTE: Garden Chemicals Biological waste Insect sprays Weed killers Radioactive materials Other poisons Fertilizer Smoke detectors Swimming Pool Chemicals Pool acid 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 Construction materials Wood preservative Glue Liquid mercury, commercial quantities Thinner Household Cleaners Bleach NOTE: Cleaning compounds Floor stripper Some of the above items 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 collected after 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 fee to the resident to identify un- Thermometers knowns. Hobby glue Sharps Non - controlled medicines Pressurized cylinders (propane tanks) Page 6 ATTACHMENT PUBLIC EDUCATION 3 Public Education Curbside Inc. will provide assistance to City 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 - ready art from Curbside, Inc. can be provided, including modest customization for additional fees. Curbside's Marketing Staff is available to assist the City with media planning, copy writing and with the production of printed material. Curbside will track how callers have learned about the program. The results will help the City determine the relative effectiveness of its public education activities. Summary of included services: Review and edit communications material prepared by City Use of Curbside's existing camera -ready art (customization and or changes extra) Limited assistance with media scheduling Introductory press- release copy Tracking of how callers heard about the program Page 7 ATTACHMENT HOUSEHOLD HAZARDOUS WASTE MANAGEMENT PROGRAM 4DEFINITIONOFCOLLECTIONSTOPS Door -to -Door Collections HHW STOP 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 contents of the bag along with auto batteries, unlim- ited universal waste and unlimited a -waste outside the bag. In order to keep prices at their lowest level possible residents 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 the residents 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. If none of these options are feasi- ble the resident 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 the stock pile of waste resi- dents have in their homes. Page 8 ATTACHMENT HOUSEHOLD HAZARDOUS WASTE MANAGEMENT PROGRAM 5COSTPROPOSAL Curbside Inc proposes to provide a fixed cost 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 meets or exceed the expectation of the City in offering the most comprehensive Household Hazardous Waste Collection program in the nation. Monthly pricing is as follows: Provide all City residents the opportunity to call and schedule unlimited 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 Household Hazardous Waste Collection provider in the nation. We have 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 the above prices may be subject to any and all existing or future State, Local and Federal sales tax or taxes in general.. Page 9 r State of California - California Environmental Protection Agency Department of Toxic Substances Control For DTSC Use Only PERMIT BY RULE NOTIFICATION FORM FOR PERMANENT HOUSEHOLD Region HAZARD WASTE COLLECTION FACILITIES Please refer to the attached Instructions before completing this fora. Initial Notification 57 Revised Notification I.GENERAL I iFORNIATION I.D. NUMBER CAH 111 001 319 FACILITY NAME City of Cupertino 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 Chesley Avenue 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 i.D. NUMBER CAH 111 001 319 PERMIT BY RULE NOTIFICATION FORM FOR PERivIANENT HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES IV. THE FOLLOWING LOCAL 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 WASTE TYPES A.Will your facility accept wastes from conditionally exempt small quantity generators? Yes No B.Will your facility accept waste from any 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? V used oil antiieeze solvents V / water -based paint F7 miscellaneous wastes roofing tar V oil -based paint coniaminated with solvents 1 / caulking/patching compounds solutionsphotographic gasoline adhesives DTSC 1094B (Revised 11 /08)Page 2 I.D. NUMBER CAH 111 001 319 PERMIT BY RULE NOTIFICATION FORS[ FOR PERVLAN'ENT HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES VII. WASTE VOLUME A Please indicate the approximate total 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, zsoa 35aasntlrawek g p ty g allo ounds 2.Individual storage area total capacity drum (used a C gallonfpounds 30g drum (antltreaze 3.Individual storage area total capacity allo pounds 4.Individual storage area total capacity g allons/pounds 5.Individual storage area total capacity g allons/pounds 6.Individual storage area total capacity g allonsipounds What is the total number of tank storage areas?NON 1.Individual tank volume gallons. Waste stored 2.Individual tank volume gallons. Waste stored 3.Individual tank volume gallons. Waste stored 4.Individual tank volume gallons. Waste stored VIII. DAYSIHOURS OF OPERATION On the average, how many days each month is the facility open to accept wastes? 14 Days per month What are the hours of operation on the days 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 per month between 0700 -1700 hours. Waste is collected from the home. Plea refer to the attached operation plan. DTSC 1094B (Revised 11/08)Page 3 DTSC 10948 I.D. NUMBER CAH 111 001 319 PERMIT BY RULE NOTIFICATION FORM FOR PERMANENT HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES IX. FACILITY DESCRIPTION: Please describe the facility in enough detail that a person not familiar with the facility will 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. A kit described in the attached operational plan is sent to the home in advance of the collection kits are not sent to used motor oil collection program or when the resident has only used oil, auto batteries, used oil filters or antifreeze). On the designated collection date the participant leaves the waste in the kit bag near their front door or garage. During the day a Customer Service Technician (CST) will arrive 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. The waste: is then stored in the registered vehicle until containers are full at which point they will be delivered to an authorized Household Hazardous Waste Collection Facility (HHWF) or to a permitted Treatment Storage Disposal Facility utilizing exempt transfer facilities as necessary for disposal. The collection vehicles will park overnight at a secure Curbside Inc. exempt transfer facility located in Richmond, California and will remain locked when not in use. Please refer to the Operational Plan for complete details. Authorization to conduct a Door -to -Door Household Hazardous Waste Collection program where the waste goes to a TSDF through exempt transfer stations is derived from 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. The determination was reiterated in an email from Mr. Rich Rausch, Legal Council, DTSC dated May 5, 2010. The following 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., each local agency customer of Curbside, or any other contractor, must establish a HHW collection facility and comply with the following terms and conditions: 1. Each local agency must complete all sections of the Permit By Rule notification /application for a HHW collection facility and submit these forms 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 the notification /application form must be completed including financial responsibility. The operation plan submitted with the PBR notification /application must detail how the waste is handled, and by whom, from the time the resident calls for a pickup and the waste is collected from the residence, through the waste being transported to an authorized treatment, storage, disposal facility (TSDF). The local CUPA must approve the notification /application. 3. Each local agency must have a unique EPA Identification Number to be used on the manifest when the waste is picked up from the residence. Since Curbside picks up HHW from multiple jurisdictions in one load, manifesting for each jurisdiction must be kept separate even though the waste from the different jurisdictions may be combined as to type (e.g. all the used oil can be bulked into one container while at the residence but separate manifest must be completed for each jurisdiction). You are correct in your understanding of the requirements for manifesting waste to any authorized TSDF under 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 provide authorized CUPA personnel upon 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 Customer Service 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 the CST somewhere on his route. The CUPA inspector can visually inspect the vehicle and if necessary follow the CST to one or more stops to observe the collection process. This procedure should replace a traditional fixed location inspection. Page 4 I.D. NUMBER CAH 111 001 319 PERMIT BY RULE NOTIFICATION FORM FOR PERMANENT HOUSEHOLD 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 agreement between the property owner 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 understand that 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 this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the 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 the best 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 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. EXEMPTION FROM 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 prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based in my inquiry of the person or persons who manage the system, or those directly responsible for gathering the information, the information is, to the 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 I xC Z-, State of California - California Environmental Protection Agency Department of Toxic Substances Control Certification Of Financial Assurance This page is to be completed by the owner or operator 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 cost estimates 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 the page 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 updated closure cost estimate must 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 CUPA or authorized agency. If the cost estimate adjustment results in an increase and requires a change in your financial mechanism, submit this certification and revised mechanism 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 the UPCF pages. These data element numbers are used for electronic submission and are the same 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. This number 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. The estimated 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 may take into account any salvage value that may be realized from the sale of wastes, facility structure or equipment, land or other facility assets. Following is a model closure 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, equipment or property) TOTAL COST OF CLOSURE Q= NOTE: For PBR only, if you have operated under PBR for less than 30 days in any calendar year, you qualify for an exemption. If eligible for the exemption, enter "EXEMPT' in this space. 703. EXEMPTION FROM FINANCIAL ASSURANCE - Check to claim the exemption from 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 the space provided Reference the applicable statute or regulation granting 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 indicate whether 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, the insurance 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 surety bond guaranteeing payment into a closure trust fund, as described in 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. Closure insurance, 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); either DTSC 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 multiplc financial mechanisms for closure costs, as described in 22 CCR 66265.143(g); (no form) 8. A certificate of deposit, as described in section 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 DTSC Regional 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 the name 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 indicate whether 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 sign in the space provided. The authorized signatory must be completed as specified in Title 22, CCR, section 66270.11. In most companies, this is not the environmental compliance or technical staff. The title should indicate that an appropriate authorized person is signing for the company. Original signatures are required on all documents submitted. 716. DATE CERTIFIED - Enter the 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 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 household hazardous waste program (including the City's previous one authorized by variance from DTSC) be sponsored by the City and that the City become the generator of record. Form "UPCF" is attached and indicates an exemption from financial assurance requirements because the maximum potential closure cost after deducting the value of the truck and equipment is less than $10,000. The requirement of financial responsibility was developed to protect the public in the event that an HHW facility (built on real property) was to be closed and require clean -up. Since this program does not utilize real property, the potential risks as envisioned by the regulation's authors are different and require a more detailed disclosure as to how the City intends to meet the financial responsibility requirements of this specific type of program. The following is provided: This program is managed by the City through the services of a contractor, Curbside Inc. The City requires its contractor Curbside Inc, to maintain insurance to protect the City 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 must have experience. o Curbside Inc. has been collectirg HHW for fifteen years. During that time the firm has not caused any waste to enter public rights of way. No public agency has expended funds to correct operating problems including accidents, spills, etc. The contractor must maintain state mandated insurance. o Curbside Inc. maintains MCS90 pollution insurance as part of its transporter requirements. This insurance coverage will cover the cost of cleaning a spill or release of hazardous waste from the time that a Curbside employee accepts the waste until after it is removed from the Curbside Inc. vehicle. 1 The contractor must maintain an umbrE:lla insurance policy. o Curbside Inc. maintains a liability insurance policy with the City as a named insured. This will help to protect the City 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 by the contractor's Workers Compensation Insurance Policy. The contractor must hold a hazardous waste transporters permit 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 for this City is well maintained. Personnel handling 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 three thousand pounds at a timE!. Program parameters require collection of sealed containers with no unknowns o D.O.T. rated containers secure the original containers (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 insurance coverage to employees and paid sick days. This is to ensure that employees do not report to work when their performance may be impaired. Contamination prevention o In anticipation of the unlikely contamination of used oil that will be bulked, Curbside uses containers to help isolate this material. If a single container 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 up to $5,000 per year, per City for disposal. In Curbside's 15 years they have never made a claim. 2 Waste records To ensure that waste collected in this City is identified from waste collected from another City on the same day, Curbside has invented a unique container label system that includes the names of cities whose residents' waste has been placed into the container. Along with the label, a separate inventory sheet is prepared at each home. In the unlikely event that there was an issue with a single container, it would be possible to determine the, origin of the offending material, perhaps to the exact home it was collected from. A Uniform Hazardous Waste Manifest is prepared for the City specifically indicating the quantity of waste collected from this city 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 generated reports derived from the individual collection receipts are also available. Risk assessment o To assess the total risk, it would be necessary to break down the components of a single day collection of waste. Without including electronics, not more than 20% of the total waste collected 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 consists of 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 oil and 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. The total 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 transportation of waste, assuming the vehicle contains the maximum 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 above reasons and others documented in the Operational Plan, the potential risk to the environment and, therefore, to the City are minimal. Curbside does, from time to time, commingle waste 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 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 inventory receipts prepared at a participant's home, help to isolate waste taken from each home. In the event of an issue during transportation or disposal, it will generally be possible to determine the source of waste placed into any individual waste container. The City maintains adequate insurance to cover risks in excess of those covered by its contractor. This document has been developed as a required attachment for the Permit -by -Rule application. 4 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 COLLECTION FACILITIES 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 RECEIVED PUBLIC WORKS DEPARTMENT loll JUL 0 6 2010 500 South Jefferson Street Placentia, CA 92870 888 - 449 -3733 www.curbsideinc.com July 1, 2010" Cheri - Donnell - -- Y -11.— Environmental Programs Manager 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 need to make sure it is correct. One set is for you and the other is for Bill Anderson when he arrives for his CUPA meeting. Included in the PBR Package are the following: PBR Application Certification of Financial Assurance PBR Financial Responsibility Disclosure Operational Plan Attachments to the Operational Plan Thank you so much for all your help. Will talk 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 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 of this docu- ment in any manner. Copyright © 2010 Curbside Inc. 06/2010 Page 1 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 Transporters permit 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 INTRODUCTION This Document provides an outline of Policy and Procedures. Procedures may vary depending upon the situation or specific variation of the basic door -to -door program. For example, a disabled per- son may request 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 the Customer service technician will gather the waste for them. Some programs may be dedicated exclusively to seniors and disabled persons. Some programs may eliminate the collection of specific waste streams i.e., used oil and filter only 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 California Environmental Protection Agency, Department of Toxic Sub- stances Control. Regulations that apply to permanent facilities i.e., storage time, etc. apply to this pro- gram. The actual Curbside Inc. vehicle is a household hazardous waste permanent facility. Sharps may be collected in a program. Sharps are regulated by DPH and require a medical waste transporters permit which Curbside Irc. has. Refer to the sections in this document that outline this program. Expired, non - controlled medicines may be collected in this program. Non - controlled medicines are not regulated by Federal or State law. Controlled substances are not accepted. Details on how medicines are managed are included in this document. Hazardous waste must be manifestE!d. Other waste 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 public agencies that have received it from Curbside, Inc. for their use. This document contains highly confidential material and cannot be transferred to any private business or non - profit organization or placed in the public domain without prior written approval from Curbside, Inc. More information about 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 DOOR -TO -DOOR HOUSEHOLD HAZARDOUS WASTE OPERATIONAL PLAN PROGRAM DESCRIPTION /CURBSIDE, INC. OPERATIONAL PLAN OVERVIEW The following is a step -by -step outline of Curbside, Inc.'s Basic Household Hazardous 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 program conforms to the Permit By Rule Notification submitted to the CUPA. TIMING TASK EXPLANATION Introductory Communications to Residents 1. The Public Education Program informs resi- Period and dents about the Door -to -Door. Program and its Ongoing benefits. Incentives are offered where appro- priate. Preceding Residents Call HHW Hotline 2. A resident calls the Hotline Number and re- Collection quests collection of household hazardous 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 the Kit (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. The Hotline 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 Kit arrives several days prior to the collec- Collection Day tion allowing participant adequate 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 require special 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, our technicians may visit the first or second home in the morning as a pre- set appointment when additional assistance is required. 8. Our technicians will arrive, locate the Kit or con- tact residents who require assistance. Copyright © 2010 Curbside Inc. 06/2010 Page 4 DOOR -TO -DOOR HOUSEHOLD HAZARDOUS WASTE OPERATIONAL PLAN Collection Day Contents Inspected 9. The Kit will be opened on the spot. All contents will be inspected and listed on the inventory sheet. Ineligible, Unlabeled or 10.Ineligible materials and unlabeled or unknown Unknown Materials Not Taken materials will be given back to the resident, if see attachment)home. If resident is not home, the materials will 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 to call 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 take the eligible mate - Vehicle rials to the vehicle using a safe method which will avoid spills in transit. The method can in- clude carrying individual containers or using a containment device. Once the waste 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 city may be combined in a single container. This is noted on the container label. All shipping containers are sealed before the vehicle de- parts. Curbside technician may decant used oil and antifreeze in the vehicle parked in a safe area adjacent to the residence where the mate- rial was received. A boom is to be placed around the drum to contain any spillage. Pack- ing procedures are listed 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 direct or 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 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 shipping documents are provided to sponsoring agencies with the 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 new manifest 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 An inventory /receipt form is created at each home. All items collected are listed on the form along 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 expired medicines 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 has been approved by Cal DPH. Copyright © 2010 Curbside Inc. 06/2010 Page 6 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 household hazardous waste materials. The operator will explain how to use the kit. Partici- Each Door -to -Door Program has a pants will be encouraged to call specific number of collections for 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- based upon demand (not to ex- cumstances, place the kit by the ceed the budget). Generally, col- curb. Although it is preferable that lections occur throughout the the resident be home, if they can year. Should the rate 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 for from 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 five days before the sched- uled collection day. USPS has Public education efforts will direct indicated that delivery of the kit to consumers to call the hotline the resident should take no more MONROVIA RESIDENTS —phone number, 1- 800 -HHW- than two -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) scheduled for a subsequent col - between the hours of 5:00 a.m. lection date. This ensures that and 5:00 p.m. PST, Monday participants will receive their kits through Friday same operators9y (P with sufficient time to prepare the are bi- lingual). Callers are kit properly. If expired medicines prompted to press a key for Eng- are accepted in this program, the lish or Spanish ensuring that pills and capsules only must be Spanish- speaking callers are di- poured into a sealed zip -lock plas- rected to a bi- lingual operator. tic baggie and placed into the kit Calls received during holidays, bag. Only pills and 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 the resident 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 materials outside 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 DOOR -TO -DOOR HOUSEHOLD HAZARDOUS WASTE OPERATIONAL PLAN Basic operation of the Curbside, Inc.'s experience with program:over 140,000 collections indicates If unacceptable materials are pre - that participants conscientiously sent, the resident will be informed follow our verbal and written in- that the material cannot be ac- structions.cepted. The participant will be given instructions as to how to COLLECTIOIV manage any unacceptable 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 system placed 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 find participants homes proper disposal of the unaccept- and what materials the 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. ceptable materials are encoun- w,That sheet includes name, ad- tered. Less than 1% of homes dress, phone number and a short leave materials that are unlabeled note about the nature of the waste or that are unacceptable for other to be collected. Any special reasons. needs are indicated in the notes field along 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. Waste containers are carried indi- Collection vehicles are inspected vidually or in another secure con - each day to ensure that they are tainer to the vehicle. safe to operate. Customer ser- vice technicians load transporta- After the materials have been tion containers based upon the transported to the collection vehi- estimated volume of various types 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 /Collection Receipt. Items are cator as to the number and types separated and placed into sepa- of containers needed. An inven- rate containers based upon their tory of spill response and safety hazard class. For example, oil equipment is taken to ensure that based paints are placed with other these supplies 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 the placed in the same 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 the details 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 DOOR -TO -DOOR HOUSEHOLD HAZARDOUS WASTE 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 the vehicle leav- quirements. Operators are fin- ing the site. Sharps containers structed to review their inventory will be placed into a labeled of safety and spill response equip - sharps drum on the vehicle.ment before operating their vehi- cles. A copy of the i sheet receipt) will be left with the resi- Vehicles have sufficient capacity dent. The vehicle is secured and to contain the household hazard- the .Each type of item is listed by ous waste scheduled to be col- the quantity of containers and the lected on a specific date. Thisawr r- -• --contents. The data listed on the ensures that the vehicle is not orrsurura — r.awaw.. inventory receipt 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- i YbbiR Wrl -)mlu Y-- .a........ streams even though a quantity of less than 1,001 pounds is not con -or.aWeYra — xrr urawn Curbside Inc. and /or its contrac-sidered to be hazardous by the 7W tors utilize new or newer vehicles Federal Department of Transpor- to serve residents. The vehicles tation regulations. must be in good condition and safe to operate. Generally, the The vehicles are placed on a rou- size of the vehicle is under 18' tine maintenance schedule to en- with most being 15' in length. The sure that they are operating prop - vehicles are capable of transport- erly and that the risk of 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 of visiting approximately 20 homes when 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 porters permit 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- the total quantity of D.O.T. haz- ments ardous waste exceeds 1,001 *Route sheet pounds. There are very few days *Inventory sheets (completed for 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 DOOR -TO -DOOR HOUSEHOLD HAZARDOUS WASTE OPERATIONAL PLAN Basic operation of the PPE will be separated into appropriate program: Containers for waste storage containers for transporta- Emergency triangle tion. The resident will then be pro - Vehicle operating manual vided with the standard receipt Chemical reference materials and survey card. Cell phone Camera Curbside Customer Service Tech - Shipping documents nicians will not handle materials that are not clearly identified. If SPECIAL HANDLING the quantity of materials is high and /or the quantity of unknown Special assistance will be pro- materials is significant, we will, at vided to individuals who would the discretion of the Client and /or have difficulty gathering and pack- resident, send a technician to the residence to evaluate the materi- 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 of laboratory 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 such as disabled and /or handled appropriately. senior citizens. Note: It is a rare case when mate - The Curbside Customer Service rials cannot be identified by resi- Technician will visit the homes of dents when they 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 two stops 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 the identify it. The CST places a label on it and accepts it. Very few,specific collection time that day. less than 1 /o of participants re- Curbside's Customer Service quire extensive help with identifi- Technician will meet with the resi- cation. dent and gather eligible items. Our personnel will not go into ar- When explosive or dangerous 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. The materials agency (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 DOOR -TO -DOOR HOUSEHOLD HAZARDOUS WASTE OPERATIONAL PLAN Basic operation of the ing public agency will be notified • Public education information program:immediately regardless of the ac- (as provided by public agency). tions taken for disposal. In the event that the resident is not The instruction sheet clearly indi- home and the CST deems that cates how the program works: the waste is a hazard, the spon- how to place the bag at the desig- soring public agency is contacted nated location; fill it to the point for guidance. These actions 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 that are often not fac- was designed. The sheet may be ing the street or curb. The resi- produced in more than one Ian - dents will provide the kit to the guage depending upon the demo - 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- have the manager hold it for col- dictions. lection. The bag is designed to contain up COLLECTION KIT to 125 pounds, although the aver- age bag contains about 80 The collection 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 from animals and the kit helps to ensure that resi- small children, it is 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 kit can be sent items:to a resident with more waste than can be placed into one bag. In 4 mil commercial bag — clear some cases, where prior 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 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 of reasons, 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 schedulE d.tended to reduce the amount of HHW that is stored, inform the A kit is not sent to homes partici- public that they should properly pating in used oil and filter collec- handle household hazardous tion programs. Tne quantity of waste materials and they should used oil will generally not fit into reduce the quantity of HHW that is the kit and participants generally generated by purchasing only follow the hotline operator's in- what they need and then using it structions about how and where to as 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 the bulk of attached list. Contaminated used household hazardous waste ma- oil can be accepted under 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- terials from every home in the tiated and detailed in the agree - community, nor is it designed to ment). These include medicine, collect all household hazardous needles, lancets and material de- materials from every participating, signed for health maintenance. home. The list of eligible materials The standard instructions indicate will be discussed and included in that these materials will 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- marily designed to collect from tion or explosives be transported individuals who might not other- by Curbside. In addition, flares, wise have the 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, the elderly and disabled. be provided with referrals for un- The Door -to -Door program is also acceptable items. Copyright © 2010 Curbside Inc. 06/2010 Page 12 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; some very difficult for moisture, either exceptions are made 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 to use the original Commercial chemicals can be containers, many of which contain 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 SAFETY AND HEALTH used oil, which is often placed into PROGRAM plastic milk jugs or other plastic containers that can be sealed. One purpose of providing the kit The logic is that if the original con - bag and materials, in which resi- tainers were safe enough to trans - dents are to place their HHW) is port the material originally, they to assist the resident in packaging are safe enough to transport the 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- cient excess at the top so that the tives are 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 event or Residents are asked place the kit a permanent center. in a secure location that will not be subject to vandalism, tamper- The door -to -door program encour- ing by children or animals. Par- ages residents to take even more ticipants are told that they should care than they might when prepar- NEVER under any circumstances; ing to carry materials to one -day leave the kit at the curb or on a events or permanent centers. In public right of way.addition, the door -to -door collec- It would be difficult for a child to tion of hazardous materials 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 adult strength without the it in their own cars. use of a sharp knife or a large pair of scissors. Most children 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 gaining access 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 products chew through it. Most importantly, were originally purchased and the kit is placed outside only 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 of the size and strength of must be placed into sealed plastic Copyright © 2010 Curbside Inc. 06/2010 Page 13 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- tic baggie 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 offers Urgent 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 receive special household hazard- regular occupational clinic hours w.ous waste training. All training of 8 a.m. to 6:00 p.m. This infor- x includes an in depth classroom mation is to be carried by employ- curriculum. Field training consists ees both on their person and in s of working with Experts in the the vehicle. In the event they can ti trucks, on actual routes as well not locate one, they can contact as, chemical waste handling and the Curbside office for 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. This phone 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 has been 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 body or clothing that would 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 and eye pro- tection are mandatory. Special puncture proof gloves are always used when handling sharps con- tainers. Steel toe! boots are re- quired of all CST's at all times. Copyright © 2010 Curbside Inc. 06/2010 Page 14 DOOR -TO -DOOR HOUSEHOLD HAZARDOUS 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 Periodic refresher training and As mentioned in the previous sec- supplemental training is provided tion, Curbside representatives to all individuals who handle haz-f k Trainin receive various training to comply ardous waste 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 cover every 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, dergo HAZWOPEi2 certification. virtually all waste types collected In addition, they receive 40 hours will have been collected many of classroom 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 available for collection discrimination and the proper could not be identified by a Curb - transportation of the waste and side 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 Customer Service per - All Curbside employees must un- sonnel are to 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 the nature of the waste collected, any em- It has been Curbside's policy to ployee found to bE: in possession offer recycling first, treatment andofillegalsubstanceswillbetermi- incineration second and, only if Hated immediately.there is no other reasonable tech - The use of alcohol or 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 facilities thatwhentheyarehired. accept waste are required by The company Vice President of Curbside to maintain state and /or Operations is responsible for federal permits for the processing Copyright © 2010 Curbside Inc. 06/2010 Page 15 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 care will be taken to to this document and are subject document the movement of mate- to change with advance notifica- rials from the point of collection tion. from the homeowner to the final recycling destination. A receipt RECORD KEEPING form is created for each home at MANIFESTS /RECEIPTSthetimeofcollecticn. This data is entered into Curbside's database Route Sheet: The first documenttoprovidereportstoclientjurisdic- tions.to be prepared is a route sheet 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 from that quantity to ship.person, their name and address is manually entered on the route RCRA type hazardous waste is sheet. shipped from 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 on a containers, the total volume that bill of lading. Used oil and anti- the containers could hold if full freeze are shipped on a consoli- (liquid only) or the 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 shipped to 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 with the vehicle as Curbside maintains detail in its long as the waste remains on the computer database of all materi- vehicle. At the time the waste is als collected from all participants. removed, the forms are sent to In theory the quantities listed from the Curbside Inc office where the the individual collection docu- quantities of collected waste are ments will match shipping 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 will not exactly (-orrespond with shipped from the transfer station collection dates.under a non - hazardous waste Copyright © 2010 Curbside Inc. 06/2010 Page 16 DOOR -TO -DOOR HOUSEHOLD HAZARDOUS WASTE OPERATIONAL PLAN 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. A copy of all receipts will be processing. Copies of these docu- kept by the sponsoring agency for ments are retained by the sponsor- a period of three years. ing agency and Curbside Inc. for at least three years, per HSC Section 25218.5 (e) (3). Container labels: Each container contains a fully descriptive label. In the case that waste collected from homes in more than one city HOUSEHOLD HAZARDOUS WASTE are placed 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 noted on the label. The container labels (see attached) are designed to record waste collected from more than one jLrisdiction. The percentage of waste by jurisdictionmuxuanFnEauuTmsrmea.Er. any rox"mancw`w E is indicated on the label. This data IN CASE OF EMERGENCY CALL I -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 from the collection vehicle to a TSDF. The EPA ID number of the city will be listed on the UHWM as required by law since the city is the generator of record and accepts responsibility for the waste. The procedure for handling manifests for multiple jurisdictions is as follows: Manifest(s) are prepared for waste collected 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 DOOR -TO -DOOR HOUSEHOLD HAZARDOUS WASTE OPERATIONAL PLAN Basic operation of the ELECTRONICS program: Curbside is listed with DTSC and CIWMB as a handler of electronics. Curbside will collect virtually any electrical or electronic item for recy- cling. This includes not only glass products but toaslers, microwave ovens, etc. Collection of E -waste is similar to the HHW collection pro- gram in that participants call for a scheduled collection. TV's, com- puter monitors and other glass items are tagged a': the time 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 received training in the proper handling of E- waste. E -waste is consolidated at our facil- ity for shipment to state certified recycling facilities. R Copyright © 2010 Curbside Inc. 06/2010 Page 18 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 with Title 22. Divi- All Curbside Inc. employees are sion 4.5, Chapter 5, Article 4, Sec- trained regarding procedures to tions 66265.50 through 66265.56. follow should there be a spill on the vehicle. Copies of health and A copy of this document shall re- accident emergency numbers are main on each Curbside Inc. vehi- required to be carried by each cle.CST in their wallets and are posted inside each collection vehi- Curbside's plan is not to collect cle. waste that can not be managed within the capabilities of person- Due to the nature of this program, nel, and vehicles assigned that procedures focus on the likely specific day. In the event that events that can occur while the weather or some 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 hotline operators and provided Phone with the vehicle. with new 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 that more 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 return or the Another CST will be dispatched to resident will be informed that 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, will call the main office (888) 449 - residents will be called by the call 3733. At that point, Curbside will center and informed that their col- notify the city, call 911 and call the lection date must lie rescheduled. 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 be Mike 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 DOOR -TO -DOOR HOUSEHOLD HAZARDOUS WASTE OPERATIONAL PLAN Contingency Plan Every effort will be made by the lowed by a reaction between 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, Curbside Preparedness and has fitted (on Curbside owned Prevention Plan The CST / emergency coordinator vehicles) trucks with secondary will, in the event of a spill, record floors that contain 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 inside the back need to be communicated to door. emergency response personnel including any and all potential Most containers are drums. Open risks to human health and the en- top drums have a rubber seal and vironment.the drums are tightened with 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, it is 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 different containers Industrial wet wipes based upon hazard class and Granular absorbent compatibility. CST's receive Respirator chemical discrimination 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 are instructed 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.placed around the drum to contain Based upon our assessment of any spillage. potential risks associated with this program, we have determined that material leaking from a vehicle would pose the greatest risk fol- Copyright © 2010 Curbside Inc. 06/2010 Page 20 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,waste manifest 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 hazardous waste 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 transfer facility 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 with local codes. Medical waste (sharps) are re- moved from the Curbside vehi- cle at the end of the day and shipped from the Curbside facil- ity within the prescribed time limit. BUSINESS WASTE Business waste will not 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 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 La Pala CardiovasC:.:Ga;e•aew motor Sa rh p Rouge 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 --ry a 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 Regional Camouc_ Man I CapitolEXQtes I Parkin I Our hospital is under construction. We apologize for 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, which puts 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 the hospital 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 coming south on 680: Take the McKee Road exit. This feeds you right onto McKee Road. Quickly, but safely, move into the left lanes for the first signaled intersection, the comer of Jackson Avenue and McKee Road. You can see RMCSJ on your left. Turn left on Jackson Avenue and take either entrance to the hospital for 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 see RMCSJ 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: Take 171880 South to 101 South. Follow the first set of directions above for 101 South. hospital in Santa Clara, California I MapQuest llttp: / /www.mapquest.com/maps ?city =Santa +Clara &state =CA &cat =ho... MTAPE'S Sorry! When printing directly from the browser your directions or map may not print correctly. For best 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 3500 Zanker 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 Mou n 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 usability or 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 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 f t 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 U i 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 c at 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 e ta -soy m 4 Z S xyG 3 t e U1lingOr cMAPQNEST, o`2 Fq•bes.5t•e rte^ r 2010: MapQuest PortlonQ©2010NfVE0 Directions and maps are informational only. We make no warranties on the accuracy of their content, road conditions or route usability or e)q)edibousness. 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 1 6/23/2010 5:35 PM 09/16/2009 16:23 FAX tpj vv r, VV t 1 Depart.m nt of Tonic Oubstancos 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 OF REGISTERED TR ANSPORTER: 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 ACCORDANCE WITH THE PROVISIONS OF CHAPTER 5.5, DIVISION 20 OF THE HEALTH AND SAFETY CODE AND TITLE 22 OF THE CALIFORNIA CODE OF REGULATIONS, DIVISION 4.5, THIS REGISTRATION CERTIFICATE MUST BE CARRIED WITH EACH SHIPMENT OF HAZARDOUS WASTE. FOR REGISTRATION INFORMATION, PLEASE CALL (916) 440 -7145. G AUTHORIZED SIGNATURE) SEP 16 2063 DATE) i r i Printed on Recycled Paper 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 AFFORDED BY THE POLICIES BELOW. 30 Corporate Park #307 Ir vine 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 BEEN ISSUED 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 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREII4 IS SUBJECT TO ALL`THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE OMITS SHOWN MAY HAVE BEEN 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 1 1099 J Q00 GENERAL AGGREGATE S 2 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS- COMP/OPAGG S 2,000,000 X POI LICY P O LOC AUTOMOBILE LIABILITY COMBI idenED S INGLE 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 DESCRIPTION OF OPERATIONS 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 DESCRIBED POLICIES 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 AGENTS OR RI'PRESENTATIVES. AUTHORIZED REPRESENTATIVE, rr Joy Folse /JLF ACORD 25 (2009101)1988 -2009 ACORD CORPORATION. All rights reserved. INS025 (200581)The ACORD name and logo are rlagistered marks of ACORD WASTE DESTINATIONS Northern California STREAM METHOD TSDF FACILITY EPA ID OPERATOR Universal Waste 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. , Anaheim CA 92801 Kinsbursky Bros CAD 088 504 881 Used oil recycle 13579 Whittram Ave. Fontana CA 92335 Advanced Environmental CAT 080 025 711 Used antifreeze recycle 2000 N. Alameda St. Compton, CA 90222 Demenno & Kerdoon CAT 080 013 352 Used oil 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" Anaheim CA 92867 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 000 035 840 Flammable recycle 11855 White Rock Road Rancho Cordova CA 95742 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 CA 95742 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 Cordova CA 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 Cordova CA 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 Cordova CA 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 Rancho Cordova CA 95742 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 Street NW Faro North Dakota 58102 Healthcare Environmental Services Inc.N/A TSDFs have indemnified Curbside Inc. and are insured to meet State requirements for the services they offer. 0/23110 4:40 PM HOUSEHOLD HAZARDOUS WASTE 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 $Check # Units must conform to listed (convert if necessary.) WASTE MATERIAL I # CONTAINERS I UOM TOTAL MEASURE I CSR COMMENTS Acid - Liquid G Acid - Solid P Aerosols P Antifreeze G Base - Liquid G Base - Solid P Batteries - Household P Batteries - Lead Acid P Batteries - Recyclable P Filters - Vehicle P Flammable - Liquid G Flammable - -Solid P Fluorescent Tubes FT Gas Cylinder G Lamps - Other P Paint - Latex G Mercury Compound P Mercury Devices P Motor Oil /Lubricants G Non RCRA - Liquid G Non RCRA - Solid P Other 1 - Liquid G Other 2 - Solid P Oxidizer - Liquid G Oxidizer -Solid P Paint Related G Pesticide - Liquid G Pesticide - Solid P Pharmaceuticals P Sharps P Toxic - Liquid G Toxic - Solid P MANN MAN.#MAN.#MAN.#MAN.#MAN.#MAN.# White: Curbside Canary: Client Pink: Resident HHWF34 -18 -08) MAN# = UHWM numbers to transport this material V Residential Door -to -Door Program Scheduled Collections er PIA -ua D- -Ie: 11,'L'-1NIC4 Group Cade City Xstreet Address Apt4 LastName Gallons Vanes Charge Phane by Code DENS' lritiernnteslxlasr DENVER Downing St 1081 S - OLARKSON ST Brauer 0 Sk4s;p, -i Avi mve {( 11rpSn r tpr. ,r,: } Pa nL SG.CQ 3139710605 E,720£ HollyfFlorida 1304 S HUDSON ST Laselle 0 Ant;' -vrrm P.9 S:zw-"f 1 17 L,tf 40.00 3-3375310 TO M UniversitylLvaisiana 1365 S JOSEPHINE ST 5tanzione Q Pnir!. em ars, bartsie3 1174M-0.63 3037772862 8 210 LouisianalFederal 1366 S CANOSA GT Hall 0 Fair !. Aa *asiva. GaMTrrrg Foe' t Sr'00.00 3039379 =73 80219 EvanrdBroadway 1646 S SHERMA N ST Osias 0 Paint, Crsaraa, r.t r 7179 - Ulf 7,90 3037:33168.0 Evarrs4twell 9901 S DAHLIA ST Currier 0 RESCHEDULED r.501.1 f Cti -t4 ,trcf!•. -;t,0.00 80222 3. if: r ra2 ?, 1.1Of0 dSR.T..T•el,!T 4`Y'i ,t?.lfy t :033 r`3L`3. 77$• 11E- 4 63!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.cualeco1101 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 MOTOR OIL 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 Tnn InAw1a 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,.tl Y «war. r M]..r PROPER D.O.T. SHIPPING NAME FLAMMABLE LIQUID, TOXIC, N.O.S. PETROLEUM DISTILLATES, CHLORDANE) HAZARD 3, U N 1992, P. G.IICLASS NON - REGULATED WASTE HOUSEHOLD HAZARDOUS WASTE) THIS WASTE NOT REGULATED BY 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 REGULATED BY 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 CURBSIDE INC. TYPICAL TRUCK SCHEMATIC CAB OF TRUCK 7.5' W I DTH AUTOMOTIVE BATTERIES 5 TO 30 GALLON CUBIC YARD DRUMS (PLASTIC) BOX FOR 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 WITH STRAPS 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. 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 empowering Cities to regulate the collection, reuse and 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 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 Recology Cupertino for the Collection and Processing of Recyclable and Compostable Materials, and the 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 regular meeting 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 Franchise Agreement between the City of 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 and Processing 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 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 orderly handling 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 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 and disposal rates must be established at Ievels which are commensurate with the cost 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 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 have agreed to a goal of 75% diversion of all materials collected by Franchisee within four years under the terms of this Agreement. E. Franchisee is the current exclusive franchisee 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 various provisions of the Prior Famchise Agreement and now desire to enter into this new Agreement to incorporate such modifications into this Agreement. As of November 1, 2010, this Agreement shall supersede and replace in its entirety the Prior Franchise Agreement. May 18, 2010 1 uped&w- Co&- tionAgrmment 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 by residents 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- Call Collection Services to each Residential Service R:cipient. Franchisee shall provide the 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 otherwise diverted from landfill. 4.13 Services to City — Recyclable Materials and G)mpostable Materials and Garbage collection services described in Article 4 of this Agreement shall be provided to City facilities at no charge to City. The service level for each City facility shall be selectol by City Representative from the service 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 the services 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 service more 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 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 Df the H11W 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 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 >ervice Recipients by Franchisee, and remitted to the HHW Collector. Franchisee may terminate the HHW Program and its agreement with the HHW May 18, 2010 16 Clupm*w- CollectionAgreement I j Collector if at any time City does not approve the Household 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 City within sixty (60) days of the effective date of this Agreement, 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 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, 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.A listing 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, the proposed change to routes (including by not limited to boundaries and i addresses - affected) not less than sixty (60) calendar days prior to the proposed date of implementation. i Within thirty (30) calendar days of receipt of Franchisee's proposed change, City shall provide written notice to Franchisee as to whether the proposed change is acceptable or not. Franchisee shall not implement any route 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 any authorized route change affecting day of service at least two (2) weeks in advance of I the service change. 5.3 Route Audits - City may, 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 high quality 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 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 prpviding services under this Agreement, except those vehicles used solely on Franchisee's premises, shall be registered with the California Department of Motor Vehicles. sta 18, 2010 17 Cupertino- CoCfertionAgreement 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 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 City for a minimum period of three 3) years, or for any longer period required 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 Agreement shall be made available for inspection or audit, at any time during Franchisee's regular business hours, upon reasonable notice and prior written request by the City Representative, City Attorney, or a designated representative of any of these officers. Copies of such documents shall 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 records shall 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 services under this Agreement, products or materials which contain recycled materials content. This would include such items as reports on recycled content paper, recycling Containers with recycled plastic content; and use of re -refined oil in collection vehicles. 17.18 Amendment -This Agreement maybe amended or modified only by written Agreement duly authorized by Franchisee and City and executed by their authorized representatives. 17.19 Paragraph Headings -The subject 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 parties hereto 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. I 17.21 Severability - Should one or more of the provisions of this Agreement be held by any court to be. invalid, void or unenforceable, the remaining provisions shall nevertheless remain and continue in full force and effect, and the parties shall promptly meet and negotiate a substitute or 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 not materially change the rights, duties.or obligations of either party from those rights, duties or obligations originally contemplated by this Agreement. 17.22 Entirety_ Agreement and Exhibits -This Agreement represents the entire Agreement of City and Franchisee with respect to the services to be provided under this 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 Exhibits to Nay 18, 2010 35 Cupertino ollectionAgreement this Agreement are hereby incorporated into and made 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 to recover 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 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 other party 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 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 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 parties shall meet with the mediator in a good i:aith attempt to resolve their dispute. The parties shall continue to meet with the mediator until their dispute is resolved or the mediator indicates 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 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 4 00 SERVICES AGREEMENT FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION This Services Agreement for Household Hazardous Waste Collection (this " Agreement ") is made 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 Franchise Agreement 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 .Franchise Agreement requires Recology to enter into an agreement with a third party to establish, manage and operate 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 the terms 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 maximizes diversion of the same. d) Curbside shall 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 furnish all labor, equipment, supplies and other goods and services necessary to perform the Services, and shall pay all costs arid'expenses (including without limitation taxes, insurance, and governmental fees) relating 'td the performance of the Services. W03 046250369!1 60S0221v?1 1 specirically provided. In addition, references to specific governmental agencies sbali be understood to include agencies that succeed to or assume the 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. 1f such 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, Curbside shall not begin providing tic Program (and the start date thereof sha11 be delayed beyond Noyember 1, 2010) until such Permit by Role has been obtained 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 IN WITNESS WHEREOF, the parties hereto have executed this Services Agreement for Household Hazardous Waste Collection by their duly 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 .13 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 Environmental Programs 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 the above bounden Principal has entered into a certain written Contract with the above named 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 fully described in said Contract, a copy of which is attached, which Agreement is made a part hereof and incorporated herein by reference, except that nothing said therein shall alter, enlarge, expand or otherwise modify 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 or conditions 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 the following express condition: Notwithstanding the provisions of the Contract, the term of 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 by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of nonrenewal, shall itself constitute a loss to the obligee recoverable under this bond or any renewal or continuation thereof. The liability of the Surety under this bond and all continuation certificates issued in connection therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond or in any additions, riders, or endorsements properly issued by the Surety as supplements thereto. Sealed with our seals and dated this 5 day of November, 201(1. Recology Cupertino Ot.ik) Vo-n-J Witness Mark R. Lomele, Sr. Vice President a• • -. .:. , ' '• .•al ikk C • : 4000r oAtabip/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 N ir ! C' y Attorney S -5025 (08 -99) 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 executed the said 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 this certificate above. 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 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 411111.POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company 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 Insurance Company Attorney -In Fact No. 222812 Certificate No. 003881931 KNOW ALL MEN BY THESE PRESENTS: 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, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State 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 Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin herein collectively called the "Companies "), and that the Companies do hereby 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 writings obligatory 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 undertakings required or permitted in any actions or proceedings allowed by 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 Surety Company 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 Insurance Company 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, who acknowledged 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, Travelers Casualty and Surety Company, Travelers Casualty 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 the purposes 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 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, Travelers Casualty and Surety Company, Travelers Casualty 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 Executive Vice 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 at any 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 or employees 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, that any 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 Executive Vice 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 and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by 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, and the seal of the Company may be affixed by facsimile to any Power of Attorney or 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, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company 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 hand and 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" topo y,,. ' lCORPORq T' Qcf PONq 'cS tr QY_ t9 o 1977 tEO': m z¢ `e crt n 19$1 lk S EALo W o fi"d1 6 o. rd `•.... yd'4SSAL as r sdxNCEfNNANA1s........ r ay 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 and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER A` °R°® CERTIFICATE OF LIABILITY INSURANCE Page 1 of 1 11/04/20 THIS CERTIFICATE* ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 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 BETWEEN THE 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 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 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 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 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 HAVE 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 ANY AUTO 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 $ DDESCRIPTIONOF OPERATIONS 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 CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE 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 rights reserved. ACORD 25 (2010105)The ACORD name and logo are registered marks of ACORD POLICY NUMBER: XSL G23742706 ENDT. #2 ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION Named Insured Recology Inc.Endorsement Number 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 the information 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 insurance provided 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 an insured the person(s) or organization(s) shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned or rented by you. te f. _ r— Authorized Agent XS -6W25 (09195) Ptd. in USA 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 to the 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" or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. C. This insurance shall be non - contributory with respect. to insurance for a third party where and to the extent required by written contract between you and such third party. 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. AD CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 11/4/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 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 BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR 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 the terms 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 Insurance Services 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 Union Fire 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 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 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 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 HAVE BEEN 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 COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) CLAIMS -MADE OCCUR MED EXP (Any one person) PERSONAL & ADV INJURY 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 ANY PROPRIETOR /PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?I N/A E.L. EACH ACCIDENT Mandatory in NH)E.L. DISEASE - EA EMPLOYEE $ If yes, describe under 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 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Environmental Programs Manager THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Ave. Cupertino CA 95014 AUTHORIZED REPRESENTATIVE WDHLS) Kim Wyles 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05)The ACORD name and logo are registered marks of ACORD CERT NO.: 8738091 WDHLS) Ginny McCarthy 11/4/2010 5:12:28 PM Page 1 of 1