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WHEREAS, the Short -Lived Climate Pollutants Bill of 2016 (SB 1383) establishes
<br />regulatory requirements for jurisdictions, generators, haulers, solid waste facilities,
<br />and other entities to support achievement of state-wide organic waste disposal
<br />reduction targets; and,
<br />WHEREAS, SB 1383 requires jurisdictions to implement collection programs, meet
<br />processing facility requirements, conduct contamination monitoring, provide education,
<br />maintain records, submit reports, monitor compliance, conduct enforcement and fulfill
<br />other requirements; and, the City has chosen to delegate some of its responsibilities to
<br />Contractor, acting as the City's designee, through this Agreement; and,
<br />WHEREAS, the City declares its intention of maintaining reasonable rates and quality
<br />service related to the Collection, transportation, Recycling, processing, and Disposal of
<br />Solid Waste and other services; and,
<br />WHEREAS, the current franchise agreement will expire on June 30, 2022; and,
<br />WHEREAS, in response to a Request for Proposals, the Contractor has submitted a
<br />proposal to the City and the City selected the Contractor on the competitive advantages
<br />of that proposal over other proposals received by the City; and
<br />WHEREAS, City and Contractor ("Parties') hereto desire to enter said Agreement; and,
<br />WHEREAS, City and Contractor are mindful of the provisions of the laws governing the
<br />safe Collection, transport and transportation, Recycling, processing and Disposal of
<br />Solid Waste, including AB 939, the Resource Conservation and Recovery Act ("RCRA"),
<br />and the Comprehensive Environmental Response, Compensation and Liability Act
<br />("CERCLA"). City and Contractor desire to leave no doubts as to their respective roles
<br />and to memorialize that by entering into this Agreement, City is not thereby becoming
<br />an "arranger" or a "generator" as those terms are used in CERCLA, and that it is
<br />Contractor, not City, who is "arranging for" the Collection from premises in the City,
<br />transport for Disposal, composting or other processing, and Recycling of municipal
<br />Solid Waste which may contain Hazardous Material; and further to confirm that as a
<br />material inducement to City entering into this Agreement, Contractor has agreed to
<br />fully indemnify City in connection with any claims, losses, liabilities, lawsuits or actions
<br />relating to the inadvertent or intentional Collection, transportation and/or Disposal of
<br />Hazardous Materials that may occur in connection with Contractor's performance
<br />under this Agreement, and
<br />August 17, 2021 2 City of Santa Ana
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