CC - Item 5D - Second Amendment to the Exclusive Franchise Agreement for Comprehensive Refuse Services - Additional Refuse Services to Achieve Senate Bill 1383 ComplianceROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER � \
DATE: JANUARY 11, 2022
SUBJECT: SECOND AMENDMENT TO THE EXCLUSIVE FRANCHISE
AGREEMENT FOR COMPREHENSIVE REFUSE SERVICES —
ADDITIONAL REFUSE SERVICES TO ACHIEVE SENATE BILL 1383
COMPLIANCE
SUMMARY
In September 2016, Senate Bill (SB) 1383 also known as the Short -Lived Climate Pollutants
Bill, was signed into law. Under SB 1383, local jurisdictions are required to implement an
organic waste recycling program and provide organic waste collection and recycling services to
all residential dwellings and commercial businesses within their boundaries. On September 29,
2021, the City Council accepted a proposal from Republic Services to amend the existing
Exclusive Franchise Agreement and implement the proposed organic waste recycling program to
achieve SB 1383 compliance. The proposed program established by the Second Amendment
fulfills the SB 1383 requirements and will work in tandem with the City's SB 1383 Ordinance
No. 1006, which was introduced for first reading at the December 14, 2021, City Council
meeting and is on the January 11, 2022, City Council Agenda for adoption.
STAFF RECOMMENDATION
Staff recommends that the City Council approve the Second Amendment to Exclusive Franchise
Agreement for Comprehensive Refuse Services for additional refuse services to achieve SB 1383
compliance, and Resolution No. 2022-04.
BACKGROUND
On August 28, 2012, the City and the Contractor entered into an Exclusive Franchise Agreement
(Agreement) for comprehensive refuse services for a period of ten (10) years from August 1,
2013, through and including July 31, 2023.
On November 13, 2018, the City Council approved the First Amendment to the Agreement for a
one-time rate adjustment on residential and commercial accounts due to the international
recycling commodities market crisis spurred by China's National Sword legislation.
AGENDA ITEM 5.1)
City Council Meeting
January 11, 2022
Page 2 of 3
In September 2016, SB 1383, also known as the Short -Lived Climate Pollutants Bill, was signed
into law. The legislation set statewide methane emissions targets to reduce short-lived climate
pollutants and divert organic waste from landfills. Under SB 1383, local jurisdictions are
required to implement a mandatory organic waste recycling program and provide organic waste
collection and recycling services to all residential, both single-family and multi -family
dwellings, and commercial businesses within their boundaries.
On July 13, 2021, the City Council discussed SB 1383 compliance and directed staff to develop,
implement, and administer an organic waste recycling program. On September 29, 2021, the City
Council accepted a proposal from Republic Services to amend the Agreement to implement the
proposed organic waste recycling program and achieve SB 1383 compliance. The key elements
of the program include:
• Provide organic waste collection to all residents and businesses.
• Establish edible food recovery programs to increase access to food recovery programs in
commercial edible food generators such as restaurants and grocery stores.
• Conduct outreach and education to all affected parties, including generators, haulers,
facilities, edible food recovery organizations, and City departments.
• Increase the purchase of recycled content and organic materials within the City's
operations.
• Monitor and enforce compliance with SB 1383.
• Maintain accurate and timely records of SB 1383 compliance.
The Second Amendment to the Agreement will provide additional refuse services to meet the
requirements of SB 1383 within the current term of the Agreement and will work in tandem with
the City's SB 1383 Ordinance No. 1006, which was introduced for first reading at the December
14, 2021, City Council meeting.
LEGAL REVIEW
The City Attorney reviewed this staff report, Second Amendment to the Agreement, and
Resolution No. 2022-04.
STRATEGIC PLAN IMPACT - None
FISCAL IMPACT
Effective January 1, 2022, the Second Amendment to the Agreement will increase the standard
residential monthly rate (96 Gallon Cart) by $1.36, for a proposed rate of $22.61 per month, and
the commercial monthly rate (3 yard/week) by $28.92, for a proposed rate of $207.34 per month.
A complete list of rates for all refuse services included in this Second Amendment is shown in
Attachment C.
City Council Meeting
January 11, 2022
Page 3 of 3
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared and submitted by:
/A2
Michael hung,
Director of Public Works
Attachment A: Second Amendment to the Exclusive Franchise Agreement
Attachment B: Republic Services SB 1383 Program Proposal
Attachment C: Republic Services Second Amendment Rate Schedule
Attachment D: Resolution No. 2022-04
Attachment E: SB 1383 Program Development Staff Report, September 29, 2021
Attachment A
Second Amendment to the
Exclusive Franchise Agreement
SECOND AMENDMENT TO
THE EXCLUSIVE FRANCHISE AGREEMENT
FOR COMPREHENSIVE REFUSE SERVICES
(CONSOLIDATED DISPOSAL SERVICE, L.L.C)
THIS SECOND AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT
FOR COMPREHENSIVE REFUSE SERVICES originally entered into on August 1, 2013, is
made and entered into effective the 12th day of January 2022, by and between the City of
Rosemead, a municipal corporation, hereinafter referred to as City, and Consolidated Disposal
Service, L.L.C., a Limited Liability company DBA Republic Services, hereinafter referred to as
Contractor.
The City and Contractor agree to amend the Agreement based on the Recitals provided
below.
WHEREAS, Article XI, Section 7 of the California Constitution authorizes cities to
protect public health and safety by taking measures in furtherance of their authority over the police
and sanitary matters; and
WHEREAS, California Public Resources Code 40059 provides that aspects of Solid
Waste handling of local concern include but are not limited to the frequency of collection, means
of collection and transportation, level of services, fees, and nature, location, and extent of
providing solid waste services, and whether the services are to be provided by means of
nonexclusive, partially exclusive or wholly exclusive franchise, contract, license or otherwise
which may be granted by a local government under terms and conditions prescribed by the
governing body of the local agency; and.
WHEREAS, the Rosemead Municipal Code Chapter 8.32 implements Article XI, Section
7 of the California Constitution and California Public Resources Code 40059 in the City; and
WHEREAS, Senate Bill 1383, the Short-lived Climate Pollutant Reduction Act of 2016
(SB 1383), requires CalRecycle to develop regulations to reduce organics in landfills as a source
of methane. The regulations place requirements on multiple entities including the City of
Rosemead and the Contractor to support the achievement of Statewide Organic Waste disposal
reduction targets; and
WHEREAS, the SB 1383 regulations adopted in 2016 that created 14 California Code of
Regulations (CCR), Division 7, Chapter 12 and amended portions of regulations of 14 CCR and
27 CCR require City to implement mandatory Organic Waste reduction programs within the City
effective January 12, 2022, and further require amendments to the City's Agreement and the
Municipal Code to implement the requirements of SB 1383; and
WHEREAS, the current term of the Agreement is ten (10) years from August 1, 2013,
through and including July 31, 2023; and
WHEREAS, with this Second Amendment, the City will amend the Contractor's
Franchise Agreement for comprehensive refuse services to provide additional services to meet
the requirements of SB 1383 within the current term of the Agreement.
Now therefore, the following Amendment is made to the Agreement:
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SECTION 1. Section 4, Definitions, is hereby amended by adding the following:
"AB 341" means the Assembly Bill approved by the Governor of the State of California
on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926,
44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8
(commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section
41780.02 of, the Public Resources Code, relating to Solid Waste, as amended, supplemented,
superseded and replaced from time to time.
11AB 827" means the Assembly Bill approved by the Governor of the State of California
on October 2, 2019, which amended Sections 42649.2, 42649.2, 42649.8, and 42649.81 of the
Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and
replaced from time to time.
11AB 1594" means the Assembly Bill approved by the Governor of the State of California
on September 28, 2014, which amended Sections 40507 and 41781.3 of the Public Resources
Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to
time.
"AB 1826" means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of
2014 modifying Division 30 of the California Public Resources Code), also commonly referred to
as "AB 1826," as amended, supplemented, superseded, and replaced from time to, time.
"Blue Container" has the same meaning as in 14 CCR Section 18982.2(a) and shall be
used for the purpose of storage and Collection of Source Separated Recyclable Materials or
SSBCOW.
"Brown Container" has the same meaning as in 14 CCR Section 18982.2(a) and shall be
used for the purpose of storage and Collection of Source Separated Food Waste.
"Commercial Edible Food Generators" includes Tier One Commercial Edible Food
Generators and Tier Two Commercial Edible Food Generators, or as otherwise defined in 14 CCR
Section 18982(a)(7). For the purposes of this definition, Food Recovery Organizations and Food
Recovery Services are not Commercial Edible Food Generators.
"Edible Food" means food intended for human consumption. For the purposes of this
Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this
Agreement requires or authorizes the recovery of Edible Food that does not meet the food safety
requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18)
for Edible Food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall
apply to this Agreement.
"Food Recovery" means actions to collect and distribute Edible Food for human
consumption which otherwise would be Disposed, or as otherwise defined in 14 CCR Section
18982(a)(24).
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"Food Recovery Organization" means an entity that primarily engages in the collection
or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible
Food to the public for Food Recovery either directly or through other entities, including, but not
limited to:
A. A food bank as defined in Section 113783 of the Health and Safety Code;
B. A nonprofit charitable organization; and,
C. A nonprofit charitable temporary food facility as defined in Section 113842 of the
Health and Safety Code. If the definition in 14 CCR Section 18982(a)(25) for Food Recovery
Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall
apply to this Agreement.
"Food Recovery Service" means a Person or entity that collects and transports Edible
Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities
for Food Recovery; or as otherwise defined in 14 CCR Section 18982(a)(26).
"Food Scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry,
seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes
fats, oils, and grease when such materials are Source Separated from other Food Scraps.
"Food -Soiled Paper" means compostable paper material that has come in contact with
food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins,
pizza boxes, and milk cartons.
"Food Waste" means Source Separated Food Scraps, and Food -Soiled Paper. Food Waste
is a subset of Source Separated Green Container Organic Waste (SSGCOW).
"Gray/Black Container" has the same meaning as in 14 CCR Section 18982.2(a) and
shall be used for the purpose of storage and Collection of Gray/Black Container Waste or Mixed
Waste.
"Gray/Black Container Waste" means Solid Waste that is collected in a Gray/Black
Container that is part of a three -Container Organic Waste Collection service that prohibits the
placement of Organic Waste in the Gray/Black Container as specified in 14 CCR Sections
18984.1(a) and (b) or as otherwise defined in 14 CCR Section 17402(a)(6.6). For the purposes of
this Agreement, Gray/Black Container Waste includes carpet and textiles.
"Green Container" has the same meaning as in 14 CCR Section 18982.2(a) and shall be
used for the purpose of storage and Collection of SSGCOW.
"Organic Waste" means Solid Wastes containing material originated from living
organisms and their metabolic waste products including, but not limited to, food, Yard Waste,
organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure,
biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46).
"SB 1383" means the Short -Lived Climate Pollutants Act of 2016 (an act to add Sections
39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and to add Chapter 13.1
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[commencing with Section 42652] to Part 3 of Division 30 of the Public Resources Code, relating
to methane emissions), also commonly referred to as "SB 1383," as amended, supplemented,
superseded, and replaced from time to time.
"Source Separated Blue Container Organic Waste" or "SSBCOW" means Source
Separated Organic Waste that can be placed in a Blue Container that is limited to the Collection
of those Organic Wastes and Non -Organic Recyclables as defined in 14 CCR Section
18982(a)(43); or as otherwise defined by 14 CCR Section 17402(a)(18.7). SSBCOW is a subset
of Organic Waste.
"Source Separated Green Container Organic Waste" or "SSGCOW" means Source
Separated Organic Waste that can be placed in a Green Container that is specifically intended for
the separate Collection of Organic Waste by the Generator, excluding SSBCOW, carpets, Non-
Compostable Paper, and textiles. SSGCOW is a subset of Organic Waste.
"Source Separated Recyclable Materials" means Source Separated Non -Organic
Recyclables and SSBCOW.
"Tier One Commercial Edible Food Generator" means a Commercial Edible Food
Generator that is one of the following, each as defined in 14 CCR Section 18982:
A. Supermarket
B. Grocery Store with a total facility size equal to or greater than 10,000 square feet.
C. Food Service Provider.
D. Food Distributor.
E. Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food
Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply
to this Agreement.
"Tier Two Commercial Edible Food Generator" means a Commercial Edible Food
Generator that is one of the following, each as defined in 14 CCR Section 18982:
A. Restaurant with 250 or more seats, or a total facility size equal to or greater than
5,000 square feet.
B. Hotel with an on-site food facility and 200 or more rooms.
C. Health facility with an on-site food facility and 100 or more beds.
D. Large Venue.
E. Large Event.
F. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size
equal to or greater than 5,000 square feet.
G. A local education agency with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food
Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply
to this Agreement.
SECTION 2. Section 7.8.1, 7.8.2, 7.8.3, and 7.8.4 are hereby added to Section 7.8
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7.8.1 SB 1383 Contamination Monitoring and Enforcement.
(a) Contractor shall institute a contamination minimization program which will include:
1. Route Reviews/Container Inspections: Carts shall be randomly selected and inspected
along each route on a periodic basis;
2. Notifications to Customers: Cart tags will be issued to inform Customers of proper
material separation requirements and observed contamination;
3. Contamination Fee: A Contamination Fee will be charged to Customers with
contaminated carts identified through routine periodic monitoring.
(b) Inspection Program. Contractor shall implement a container inspection program in
compliance with the requirements of SB 1383. Contractor shall perform contamination
inspections with Contractor's personnel on Collection vehicles, and periodic route reviews.
Collection vehicle personnel may conduct contamination inspections lifting the Container
lid and observing the contents. Additionally, route reviews will be conducted by a
dedicated Recycling Coordinator and a dedicated Route Auditor who will perform
contamination monitoring, lifting Container lids and observing Container contents for
evidence of contamination.
(c) Record Keeping. The driver or other Contractor representative shall record each event of
identification of Prohibited Container Contaminants in a written log or in the on -board
computer system including date, time, Customer's address, type of Container (Blue, Green,
or Gray or Black Container); and maintain photographic evidence, if required. Contractor
shall submit this record to the Contractor's Customer service department, and Contractor's
Customer service department shall update the Customer's account record to note the event,
if the documentation of the on -board computer system did not automatically update the
Customer's account record.
(d) Identification of Excluded Waste. If Contractor's personnel observe Excluded Waste in an
uncollected Container, the Contractor's personnel shall record that observation and
immediately inform their route supervisor. The route supervisor shall investigate and
initiate applicable action within one (1) Business Day or sooner if the Hazardous Waste
may cause immediate danger.
(e) Courtesy Pick -Up Notices. Upon identification of Prohibited Container Contaminants in a
Customer's Container, Contractor shall provide the Customer with a courtesy pick-up
notice. The courtesy pick-up notification shall: (i) inform the Customer of the observed
presence of Contaminants; (ii) include the date and time the Prohibited Container
Contaminants were observed; (iii) include information on the Customer's requirement to
properly separate materials into the appropriate Containers, and the accepted and
prohibited materials for Containers; (iv) inform the Customer of the courtesy pick-up of
the contaminated materials on this occasion with information that on any subsequent
instances, Contractor may assess Contamination fees. Contractor shall collect the
contaminated Container contents for transport to the appropriate Approved/Designated
Facility for Disposal/ Processing.
(f) Notice of Assessment of Contamination Fees. On the third issuance of a courtesy notice as
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set forth in section (e) above, the Contractor may impose a contamination fee. Contractor
shall leave a contamination fee notice attached to or adhered to the Generators'
contaminated Containers; at the Premises' door or gate; or, may deliver the notice by mail,
e-mail or text message. The contamination fee notice shall describe the specific material(s)
of issue, explain how to correct future set outs, and indicate that the Customer will be
charged a contamination fee on its next bill.
7.8.2 On-going Contamination Monitoring by Route Personnel
Contractor shall assist on an on-going basis in minimizing contamination by helping to educate
Customers on acceptable and non -acceptable materials through ongoing education and outreach
efforts and through on-going monitoring of the contents of Collection Containers. Contractor shall
provide education and outreach materials in English, Vietnamese, Chinese, and Spanish languages.
The on-going Container monitoring shall be performed by Contractor using the method described
in Section 7.8.3.
7.8.3 Prescribed Contamination Monitoring
Contractor will implement Physical Container Inspections to comply with the requirements
of this Section.
(a) Methodology and Frequency. Commencing on or after January 12, 2022, the
Contractor shall, at its sole expense, conduct hauler route reviews for Prohibited
Container Contaminants in Containers in a manner that is deemed safe by the
Contractor; is approved by the City; and is conducted in a manner that results in all
hauler routes being reviewed annually or more frequently. The Contractor shall
conduct hauler route reviews that include inspection of the contents of Blue, Green,
and Gray/Black Containers for Prohibited Container Contaminants in a manner that
a minimum of five percent (5%) of accounts on, each and every hauler route are
randomly inspected annually. Contractor shall develop a hauler route review
methodology to accomplish the above Container inspection requirements and such
methodology shall comply with the requirements of 14 CCR Section 18984.5(b).
(b) Noticing of Generators with Contamination, and Disposal of Materials. Upon
finding Prohibited Container Contaminants in a Container, Contractor shall follow
the contamination noticing procedures and contaminated Container handling
protocols set forth in Section 7.8.1.
7.8.4 Inspection and Enforcement
(a) Annual Compliance Reviews
1. General. Contractor shall perform compliance reviews described in this Section
commencing January 12, 2022, and at least annually thereafter, unless otherwise
noted.
2. Commercial Generator Compliance Reviews. The Contractor shall complete a
compliance review of all Multi -Family and Commercial Customers that generate
two (2) cubic yards or more per week of Solid Waste, including Organic Waste to
determine their compliance with: (i) Generator requirements under the City's
Collection program; and, (ii) if applicable for the Generator, Self -Hauling
requirements per 14 CCR Section 18988.3 and Chapter 8.32 of the Rosemead
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Municipal Code, including whether a Commercial Business is complying through
Self -hauling of SSBCOW and SSGCOW. The compliance review shall mean a
"desk" review of records to determine Customers' compliance with the above
requirements and does not necessarily require on-site observation of service;
however, the City may request that the Contractor perform an on-site observation
of service in addition to or in lieu of the desk review if needed to obtain the required
information.
3. Annual Hauler Route Review. Beginning April 1, 2022, and annually thereafter,
the Contractor shall conduct annual hauler route reviews of Commercial, Multi -
Family, and Single Family Generators for compliance with the City's Organic
Waste collection program and Container contamination monitoring. These hauler
route reviews may be performed concurrently with the contamination monitoring
hauler route reviews, provided that Contractor documents a reasonable sampling of
Generators for which compliance with the City's Organic Waste collection program
during the hauler route review was assessed.
4. Food Recovery Compliance Reviews. Commencing January 12, 2022, and at least
annually thereafter, Contractor shall conduct inspections of Tier One Commercial
Edible Food Generators, Food Recovery Organizations, and Food Recovery
Services to assess compliance with the requirements of 14 CCR Chapter 12 Article
10.
(b) Generator Waiver Inspections. Contractor shall verify Commercial Generator de minimis
and physical space constraint waivers, if applicable, at least once every five (5) years from
the date of issuance of the waiver.
(c) Compliance Review Process
Number of Reviews. The Contractor shall conduct a sufficient number of
compliance reviews, hauler route reviews, and inspections of entities to adequately
determine the entities' overall compliance with SB 1383, AB 1826, AB 341, and
Chapter 8.32 of the Rosemead Municipal Code. The City reserves the right to
require additional inspections, if the City determines that the amount of inspections
conducted by the Contractor is insufficient. City may require the Contractor to
prioritize inspections of entities that the City determines are more likely to be out
of compliance
2. Non -Compliant Entities. From January 12, 2022, through July 31, 2023, when
compliance reviews are performed by Contractor, Contractor shall provide
educational materials in response to violations. Contractor shall provide these
educational materials to the non-compliant Customers and Generators within five
(5) working days of determination of non-compliance or immediately upon
determination of non-compliance if such non-compliance is determined during an
inspection or hauler route review. Contractor shall document the non-compliant
Customers and Generators and the date and type of education materials provided
and report such information to the City.
Documentation of Inspection Actions. The Contractor shall generate a written
and/or electronic record and maintain documentation for each inspection, hauler
route review, and compliance review conducted.
SECTION 3. Section 9 is here by amended and restated as follows:
Contractor shall provide refuse collection service to Residential Customers, including Multi -
Family Residential Dwellings as set forth in this Section 9 and Exhibit G, "Residential
Services."
SECTION 4. Section 9.6 is hereby added to Section 9
9.6 SB 1383 Services
(a) Containers. Contractor shall provide SB 1383 compliant three (3) container
Residential collection services as follows:
1. A Green Container for organic waste (only food waste, yard waste, green waste,
and other organic materials). A Blue Container for recyclables (non-organic
recyclables, such as bottles, cans, and plastic, and organic waste such as paper
and cardboard.) A Gray or Black Container for non-organic waste only (Items
that cannot be recycled or composted).
2. Effective January 1, 2022, all Residential customers will maintain their existing
containers. Replacement of Residential containers shall be made from existing
containers purchased prior to January 1, 2022 until such time as the Contractor's
existing inventory of such containers is exhausted. New or replacement
containers requested will be SB 1383 color and compliant. New containers
purchased by Contractor after January 1, 2022, are required to meet SB 1383
container colorization (Gray/Black, Blue and Green) and labelling
requirements. New containers purchased after January 1, 2022, will require SB
1383 compliant graphic -based labels identifying the acceptable materials
permitted within each source -separated cart.
(b) Outreach. Contractor will implement the following targeted education and outreach
efforts to Residential customers regarding SB 1383 required programs. Contractor
shall develop educational material to explain program changes and new program
implementation. A welcome outreach package for new SB 1383 programs will be
sent to all Residential customers after January 1, 2022, and Contractor will also
provide Residential customers with four (4) quarterly direct mailed newsletters with
SB 1383 program implementation information, in addition to the four Quarterly
newsletters to Customers. Contractor shall provide education and outreach
materials in English, Vietnamese, Chinese, and Spanish languages.
(c) Contractor and City shall annually review the outreach effort and determine if
changes to the outreach program may be required, by mutual agreement.
SECTION 5. Section 10.4 Waste to Energy is deleted in its entirety.
SECTION 6. Section 10.6 is hereby added to Section 10
10.6 SB 1383 Services
(a) Containers. Contractor shall provide SB 1383 compliant three (3) container Multi
Family and Commercial collection services as follows:
1. A Green Container for organic waste (only food waste, yard waste, green waste,
and other organic materials.) A Blue Container for recyclables (non-organic
recyclables, such as bottles, cans, and plastic, and organic waste such as paper
and cardboard.) A Gray or Black Container for non- organic waste only
(Items that cannot be recycled or composted.)
2. Effective January 1, 2022, all Commercial and Multi Family customers will
maintain their existing containers. Replacement of Commercial and Multi
Family containers shall be made from existing containers purchased prior to
January 1, 2022, until such time as the Contractor's existing inventory of such
containers is exhausted. New or replacement containers requested will be SB
1383 color and compliant. New containers purchased by Contractor after
January 1, 2022, are required to meet SB 1383 container colorization
(Gray/Black, Blue and Green) and labelling requirements. New containers
purchased after January 1, 2022, will require SB 1383 compliant graphic -based
labels identifying the acceptable materials permitted within each source -
separated cart.
(b) Commercial and Multi Family customers will have options for various sizes of
metal bins and carts depending on space restrictions and material types.
(c) Outreach. Contractor will implement the following targeted education and outreach
efforts to Residential customers regarding SB 1383 required programs. Contractor
shall develop educational material to explain SB 1383 program changes and new
program implementation. A welcome outreach package for new SB 1383 programs
will be sent to all Commercial and Multi Family customers after January 1, 2022,
and Contractor will also provide Commercial and Multi Family customers with two
(2) direct outreach newsletters with SB 1383 program implementation information.
Contractor shall provide education and outreach materials in English, Vietnamese,
Chinese, and Spanish languages.
(d) Compliance Review. Contractor shall conduct a review of all Commercial
businesses that generate 2 cubic yards or more per week of Solid Waste.
(e) Physical Space and De Minimis Waivers. Contractor shall assist City in connection
with Commercial Customer applications for Physical Space Waivers and De
Minimis Quantity Waivers applied for in compliance with the applicable provisions
of the Municipal Code. Contractor shall assist City with development of application
requirements and protocols, evaluation, and verification of the details in the
Customer waiver applications, and provide assistance with preparation of City's
written determinations on Customer waiver applications
(f) Edible Food Recovery.
1. No later than January 12, 2022, Contractor shall identify all Commercial
Customers that meet the definition of Tier One and Tier Two Commercial
Edible Food Generators and provide a list of such Customers to the City, which
shall include: Customer name; service address; contact information; Tier One
or Tier Two classification; and, type of business (as it relates to the Tier One
and Tier Two Commercial Edible Food Generator definitions).
2. Commencing January 12, 2022. and at least annually thereafter, Contractor
shall cooperate with City and/or its consultants to conduct inspections of Tier
One Commercial Edible Food Generators, Food Recovery Organizations, and
Food Recovery Services to assess compliance with the requirements of 14 CCR
Chapter 12 Article 10.
3. At least annually, the Contractor shall provide Commercial Edible Food
Generators with the following information:
i. Information about the Contractor's and/or City's Edible Food Recovery
program;
ii. Information about the Commercial Edible Food Generator requirements
under 14 CCR Chapter 12 Article 10;
iii. Information about Food Recovery Organizations and Food Recovery
Services operating within the City, and where a list of those Food Recovery
Organizations and Food Recovery Services can be found; and,
iv. Information about actions that Commercial Edible Food Generators can
take to prevent the creation of Food Waste.
4. The Contractor may provide the education information required by this section
by including it with regularly scheduled notices, education materials, billing
inserts, or other information disseminated to Commercial Businesses.
Contractor shall cooperate with the implementation, expansion, or operation of
Food Recovery efforts in the City, Food Recovery Organizations, and/or Food
Recovery Services.
(g) Site Visits and Waste Assessments.
1. Contractor will include an outreach and technical assistance plan in the AB 341,
AB 827, AB 1826, and SB 1383 Implementation Plan identifying the site visit
schedule for which to send a Contractor representative to visit each Multi -
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Family and Commercial Generator's Premises for the purpose of assessing how
much Source Separated Recyclable Materials and SSGCOW is being Disposed;
assessing Source Separated Recyclable Materials and SSGCOW Collection
service level needed to meet the requirements of SB 1383, and encouraging all
Generators to establish Source Separated Recyclable Materials and SSGCOW
Collection service in advance of January 12, 2022, when mandatory service is
required. Contractor shall also notify Customers of opportunities to reduce costs
by enrolling in Source Separated Recyclable Materials and SSGCOW
Collection service and reducing Gray/Black Container Waste/Mixed Waste
Collection service. Contractor shall contact Multi -Family and Commercial
Customers and provide site visits according to the City -approved schedule.
Contractor will also provide a site visit to any Multi -Family and Commercial
Generator that requests a site visit, even if it is ahead of schedule. Any internal
Recycling programs or third -parry Recycling programs that the Contractor
encounters while conducting Customer site visits shall be documented using a
City -approved electronic reporting form and provided in an electronic format
such as a cloud -based file -sharing system that can be accessed by the City or its
representatives.
2. Beginning July 1, 2022, and annually thereafter, Contractor representative shall
follow-up with Multi -Family and Commercial Generators who are required to
participate in Source Separated Recyclable Materials and SSGCOW Collection
service under Applicable Law, including but not limited to AB 341, AB 1826,
and SB 1383. The Contractor shall ensure that these Generators are
participating in the Source Separated Recyclable Materials and SSGCOW
Collection Service. If the Generator is not in compliance or not participating,
the representative shall assist the Customers with selecting appropriate
Containers and Container sizing, identifying acceptable Organic Waste
collection services as set forth, and attempt to resolve any logistical barriers to
providing Source Separated Recyclable Materials and SSGCOW Collection
service.
3. Contractor shall provide ongoing, on-site training for Commercial Generators'
staff, including, but not limited to: management, kitchen staff, service
employees, and janitorial staff; and Multi -Family Customers' staff, including
but not limited to: the property manager, janitorial staff, maintenance, and any
other on-site staff members or contractors that handle discarded materials
processes.
4. For each on-site waste assessment conducted by Contractor, Contractor shall
include documentation of the items listed below. City reserves the right to
request Contractor's documentation of additional information, and shall
authorize the format for required information.
i. Pictures of material in all Containers
ii. Characteristics of the property, business, and Generator type
iii. Written recommendations for the appropriate service Level for each
11
material type
iv. Provision of outreach and education materials appropriate to the Generator
type
V. Determination of signage placement
vi. Determination of any on-going training needs
vii. Determination of any access needs
viii. Documentation of any special service needs, (such as, but not limited to,
seasonal, automated on-call compactor, etc.)
ix. Documentation of records of communications with the Generator
SECTION 7. Section 18. 1.1 and 18.1.2 is hereby added to Section 18.
18.1.1 SB 1383 Customer Compliance Enforcement Data
Contractor shall keep and maintain SB 1383 customer compliance enforcement records within a
cloud -based system format, and City will be provided access credential to access the customer
enforcement action data as may be required for purposes of CalRecycle requests made pursuant to
14 CCR 18995.2.
18.1.2 SB 1383 Customer Outreach Records
Contractor shall keep and maintain SB 1383 customer outreach records within a cloud -based
system format, and City will be provided access credential to access the customer outreach data as
may be required for purposes of CalRecycle requests made pursuant to 14 CCR 18988.4.
SECTION 8. Section 19, Integrated waste management Act; Reporting Requirements is amended
and restated as follows:
Contractor shall cooperate with City in Solid Waste disposal characterization studies and
waste stream audits and shall implement measures adequate to achieve the diversion goals set forth
in this Agreement utilizing the CalRecycle per capita disposal and goal measurement system,
expressed as pounds per person per day. The emphasis will be on program implementation, actual
recycling, and other diversion programs in lieu of estimated diversion percentages. During the
Term of this Agreement, Contractor, at no expense to City, shall submit to City all relevant
information and reports required to meet the reporting obligations imposed by CalRecycle under
the Act, as amended. Contractor agrees to submit such reports and information by email or on
computer discs, in a format acceptable to City at no additional charge, if requested by City.
Contractor shall maintain adequate records, and corresponding documentation, of information
required by this Agreement, such that the Contractor is able to produce accurate monthly, quarterly
and annual reports, and is able to provide records to verify such reports. Contractor will make these
records available and provide to the City any record or documentation necessary for the City to
fulfill obligations under Applicable Law including, but not limited to, AB 939, AB 341, AB 1826,
AB 901, SB 1383, and other current or future federal, State, or local regulations, as amended. Upon
request by the City, Contractor shall provide access to Contractor's requested records in a timely
manner, not to exceed ten (10) Business Days from the time of City's request to Contractor.
SECTION 9. Section 19.1 is here by added to Section 19.
12
19.1 SB 1383 Data Reporting.
(a) Contractor shall assist City with SB 1383 initial CalRecycle compliance reporting
by providing compliance data needed for City generated reports to CalRecycle in
accordance with 14 CCR 18994.2.
(b) Contractor shall assist City with SB 1383 annual CalRecycle compliance reporting
by providing compliance data needed for the City -generated Annual compliance
report to CalRecycle in accordance with 14 CCR 18994.2.
SECTION 10. Exhibit F, Maximum Rate Schedule, is hereby deleted in its entirety and replaced
with a revised Exhibit F, Maximum Rate Schedule, attached hereto and incorporated by
reference as though fully set forth herein.
SECTION 11. Interpretation. In the event of any conflict between this Second Amendment and
the Agreement, this Amendment shall govern. Section headings in this Amendment are for
convenience only and shall not be used in the interpretation of this Amendment. This Amendment
may be executed in counterparts and/or by electronic signature (e.g. DocuSign). As used in this
Amendment, "including" and its variants mean "including without limitation."
SECTION 12. Future Changes. The parties acknowledge that future changes to this Second
Amendment or the Agreement may be desirable to assist the parties with their respective
compliance obligations under the SB 1383 Regulations or subsequent amendments thereto or
interpretations thereof. The parties agree to negotiate any such proposed changes in good faith.
The foregoing shall not be deemed to limit either party's rights or remedies under the Agreement.
SECTION 13. Continuing Effect of Agreement. Except as amended by this Second Amendment,
all provisions of the Agreement shall remain unchanged and in full force and effect. From and
after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it
shall mean the Agreement, as amended by this Second Amendment to the Agreement.
SECTION 14. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Contractor each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been
no written or oral modifications to the Agreement other than as provided herein. Each party
represents and warrants to the other that the Agreement is currently an effective, valid, and binding
obligation. Contractor represents and warrants to City that, as of the date of this Second
Amendment, City is not in default of any material term of the Agreement and that there have been
no events that, with the passing of time or the going of notice, or both, would constitute a material
default under the Agreement. City represents and warrants to Contractor that, as of the date of this
Second Amendment, Contractor is not in default of any material term of the Agreement and that
there have been no events that, with the passing of time or the giving of notice, or both, would
constitute a material default under the Agreement.
SECTION 15. Adequate Consideration. The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Second Amendment.
13
SECTION 16. Authority. The persons executing this Second Amendment on behalf of the
respective Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so
executing this Second Amendment, such party is formally bound to the provisions of the
Agreement as amended, and (iv) the entering into this Second Amendment does not violate any
provision of any other agreement to which said party is bound.
SECTION 17. Recitals Material. The Parties agree that the Recitals above are material and are
incorporated herein as part of this Second Amendment.
IN WITNESS WHEREOF, the Parties have executed this Agreement, as of the date
first indicated above.
City
CITY OF ROSEMEAD
A Municipal Corporation
By:
Polly Low, Mayor
ATTEST:
By:
Ericka Hernandez
City Clerk
APPROVED AS TO FORM:
By:
Rachel H. Richman
City Attorney
14
CONTRACTOR
CONSOLIDATED DISPOSAL
SERVICE, L.L.C.
Approved by:
Print name and Title of Officer
Print Name and Title of Officer
Exhibit F
Maximum Rate Schedule
Exhibit F - Maximum Rate Schedule
Roseme
Residential
Residential (carts) 96 Gallons
$
22.61
Senior/Disabled Service
$
18.34
Backyard Service
$
25.85
Extra [arts
$
6.59
Contamination Fee (per cart)
$
12.00
Pick Up/Week
1.5YARD
HAUL & RETURN W/ I DUMP
Commercial MSW
2YARD 3YARD
4YARD
6YARD
64 GAL
96 GAL
1
$
146.81
$ 146.81
$ 207.34
$ 276.45
$ 442.68 $
66.00
$ 66.00
2
$
213.24
NA
$ 333.63
$ 401.45
$ 657.38
NA
$ 132.00
3
4
NA
NA
$ 449.26
$ 560.37
$ 881.67
NA
NA
4
NA
NA
NA
$ 568.22
$ 688.86
$ 1,097.59
NA
NA
5
$ 782.98
NA
NA
$ 702.06
$ 851.09
$ 1,359.33
NA
NA
6
$ 39.37
NA
NA
$ 804.16
$ 978.72
$ 1,563.19
NA
NA
EXTRA PICK UP
$
39.37
$ 39.37
$ 39.37
$ 39.37
$ 39.37 $
39.37
$ 39.37
LOCK LIDS
$
11.10
$ 11.10
$ 11.10
$ 11.10
$ 11.10 $
11.10
$
OVER THE TOP(EXY)
$
41.32
$ 41.32
$ 41.32
$ 41.32
$ 41.32 $
41.32
3 YARD Temp or COD
1.5YARD
HAUL & RETURN W/ I DUMP
1$
196.44
TRIP CHARGE
$
37.87
EXTRA PI CK UP
$
67.54
DAILY RENTAL 7 DAYS W/O DUI
$
18.25
Pick Up/Week
1.5YARD
Commercial REC
3YARD
4YARD
6YARD
96 GAL
1
$
117.45
$ 165.87
$ 221.16
$ 354.14
$ 52.80
2
$
170.59
$ 266.91
$ 321.16
$ 525.90
$ 105.60
3
$ 60.00 $ 60.00
NA
$ 359.41
$ 448.30
$ 705.33
NA
4
NA
$ 454.57
$ 551.09
$ 878.07
NA
5
NA
$ 561.65
$ 680.87
$ 1,087.46
NA
6
NA
$ 643.33
$ 782.98
$ 1,250.56
NA
EXTRA PICK UP
$
39.37
$ 39.37
$ 39.37
$ 39.37
$ 39.37
LOCK LIDS
$
11.10
$ 11.10
$ 11.10
$ 11.10
$ 11.10
OVERTHETOP(EXY)
$
41.32
$ 41.32
$ 41.32
$ 41.32
$ 41.32
*CONTAMINATION FEE
$
60.00
$ 60.00
$ 60.00
$ 60.00
$ 60.00
Industrial Services
Commercial Organics
10 YD BOX
W 7TONS
Pick Up/Week
1YARD 1.5 YARD
2YARD
64 GAL
1
$ 146.81 $ 146.81
$ 146.81
$ 66.00
2
$ 213.24 $ 213.24
$ 213.24
$ 132.00
3
NA NA
NA
$ 198.00
*CONTAMINATION FEE
$ 60.00 $ 60.00
$ 60.00
$ 60.00
Industrial Services
10 YD BOX
W 7TONS
40 YD BOX
W7TONS
COMPACTOR
W9TONS
Haul Rate-Del/Remmal
$ 775.76
$ 836.39
$ 1,037.61
Additional Tons Charge
$ 83.37
$ 83.37
$ 87.54
Trip Charge
$ 124.88
$ 124.88
$ 131.12
Daily Rental 7 Days or 7 Tons
$ 24.98
$ 24.98
$ 26.23
WAS
131.23
131.23
NA
Attachment B
Republic Services SB 1383 Program
Proposal
�R� REPUBLIC'
SERVICES
Republic Services SB 1383 Programs for the City of Rosemead
Republic Services has proudly serviced the residents and businesses in the City of Rosemead for many
years and has kept the City in full compliance with all California applicable laws and solid waste diversion
requirements. We strongly value our working relationship with the City of Rosemead and remain
committed to our longstanding partnership.
Republic is one of the most experienced solid waste service providers in Los Angeles, the state of
California, and the nation. We are fully equipped to continue providing excellent service to the City and
offer full compliance with all statewide recycling initiatives, including AB 939, AB 341, AB 1826, AB 1594,
and SB 1383.
About the Law
In 2016, Senate Bill 1383 was signed into law to combat climate change and reduce landfill methane
emissions. Methane is a climate super pollutant, 84 times more potent than carbon dioxide. Statewide
Targets include:
• Reduce organic waste disposal 50% by 2020 and 75% by 2025.
• Rescue at least 20% of surplus food currently disposed of by 2025 to feed hungry people.
SB 1383 goes into effect on January 1, 2022.
This law requires that jurisdictions contract with their waste hauler, Republic Services, to collect organics,
including food waste, and process it as a unique and separate material stream.
Who is affected?
Everyone. Residents, multi -family properties and complexes, businesses, schools, and public agencies will
all need to comply with the law and enroll in an organics recycling program.
How is it processed?
The law requires a significantly higher level of processing of organic material than current standards.
Processors are required to monitor, track, and ultimately limit the amount of organic material sent to
landfills after processing, requiring additional processing and the development of new systems to remove
contaminants and excess organic material that may have previously been sent to the landfill as residue.
REPUBLIC -
SERVICES
Republic's programs to keep the City of Rosemead in compliance with the requirements
of SB 1383 include:
S13 1383 Item
Solution
Residential
Residential Service. Effective January 1, 2022, Residential (Single or Multi -Family)
Collection for
Customers receiving Carts -only service to commingle Green Waste, Food Waste,
Single Family and
food -soiled paper products, clean wood, in Carts designated for Green Waste and
Multi -Family Cart
will process such waste at an Organic Waste Processing Facility that complies
Service
with SB
Commercial Bin
Republic's program includes using a 3 -container solution as described similarly for
Service
residential collection. The City currently has commercial food waste and single
stream recycling programs; thus, Republic Services will focus on enhancing
existing AB 1826 organic food waste collection & AB 341 source separated
programs to all commercial customers. Customers will have access to various
sizes of bins and carts depending on space restrictions and material types
Record Keeping
Republic's cloud -based recording keeping system will maintain records on each
for Compliance
customer and any enforcement action and exemptions as required by SB 1383.
The City will have access to use this online tool.
SB 1383
Republic's contamination minimization program will include:
Contamination
Monitoring
• Route Reviews: Carts randomly selected and inspected along each route
annually
• Notify Customers: Cart tags will inform customers of proper material
separation
• Contamination Fee: Contamination fee will be charged to customers with
contaminated carts after an education period and warning system.
Republic will also dedicate a Recycling Coordinator and/or Route Auditor to
perform contamination monitoring requirements.
Container
Rosemead's current carts and commercial bins are compliant with SB 1383 lid
Labeling
color requirements. New containers requested of Republic will include graphic -
Requirements
based labels identifying the acceptable materials permitted within each source -
separated cart.
Republic will design labels and the City will approve the design of labels to be
affixed to all newly requested containers.
Education and
Republic will provide ongoing annual outreach and educational materials for all
Outreach —
residents and businesses, including a start-up education campaign informing all
Organics Program
customers about changes to their collection services and compliance with SB
1383
Edible Food
Republic will provide public education and outreach and coordinate with local
Recovery
food rescue organizations to help customers donate edible food to people in
need and meet the 20% recovery requirement. Republic will also manage the
data collection as required by SB 1383.
�R� REPUBLIC'
SERVICES
Monthly Rates
The proposed residential and commercial rates are as follows:
Enhanced Levels of Service for Greater Generator Participation
Organics
Republic's proposal offers a SB 1383 compliant program for commercial and multifamily dwellings with a
64 -gallon organics cart option at $66.00 per month, and a 1.5 -yard bin option at $146.81 per month.
Recycling
The existing commercial recycling program currently includes a 3 -yard bin size. Republic proposes
enhancing the existing recycling services to include a 96 -gallon recycling cart size to provide commercial
customers greater flexibility in compliance.
Facilities
Republic Services is proud of our facilities, their capabilities, and our ability to achieve compliance with SB
1383. The City of Rosemead has the benefit of guaranteed capacity at our Republic -owned facilities
meeting SB 1383 compliance. We invite the council and staff to take a tour of our Anaheim Materials
Recovery Facility to see firsthand how we process the materials collected from businesses and residents
in the City of Rosemead.
Conclusion
Republic Services has had a widespread presence within the Rosemead community, and our employees
feel closely connected to your residents and businesses. Our intent with this proposal is to address the
City Council's motion by achieving compliance with SB 1383 during the existing term of our agreement.
Our goal is to get Rosemead fully educated and actively engaged in the new SB 1383 programs to help
drive success in partnership with the City
Attachment C
Republic Services Second Amendment
Rate Schedule
Attachment C - Maximum Rate Schedule
Residential
Residential (carts) 96 Gallons
$
22.61
Senior/Disabled Service
$
18.34
Backyard Service
$
25.85
Extra [arts
$
6.59
Contamination Fee (per cart)
$
12.00
Pick Up/Week
1.5YARD
HAUL & RETURN W/ I DUMP
Commercial MSW
2YARD 3YARD
4YARD
6YARD
64 GAL
96 GAL
1
$
146.81
$ 146.81
$ 207.34
$ 276.45
$ 442.68 $
66.00
$ 66.00
2
$
213.24
NA
$ 333.63
$ 401.45
$ 657.38
NA
$ 132.00
3
4
NA
NA
$ 449.26
$ 560.37
$ 881.67
NA
NA
4
NA
NA
NA
$ 568.22
$ 688.86
$ 1,097.59
NA
NA
5
$ 782.98
NA
NA
$ 702.06
$ 851.09
$ 1,359.33
NA
NA
6
$ 39.37
NA
NA
$ 804.16
$ 978.72
$ 1,563.19
NA
NA
EXTRA PICK UP
$
39.37
$ 39.37
$ 39.37
$ 39.37
$ 39.37 $
39.37
$ 39.37
LOCK LIDS
$
11.10
$ 11.10
$ 11.10
$ 11.10
$ 11.10 $
11.10
$
OVER THE TOP(EXY)
$
41.32
$ 41.32
$ 41.32
$ 41.32
$ 41.32 $
41.32
3 YARD Temp or COD
1.5YARD
HAUL & RETURN W/ I DUMP
1$
196.44
TRIP CHARGE
$
37.87
EXTRA PI CK UP
$
67.54
DAILY RENTAL 7 DAYS W/O DUI
$
18.25
Pick Up/Week
1.5YARD
Commercial REC
3YARD
4YARD
6YARD
96 GAL
1
$
117.45
$ 165.87
$ 221.16
$ 354.14
$ 52.80
2
$
170.59
$ 266.91
$ 321.16
$ 525.90
$ 105.60
3
$ 60.00 $ 60.00
NA
$ 359.41
$ 448.30
$ 705.33
NA
4
NA
$ 454.57
$ 551.09
$ 878.07
NA
5
NA
$ 561.65
$ 680.87
$ 1,087.46
NA
6
NA
$ 643.33
$ 782.98
$ 1,250.56
NA
EXTRA PICK UP
$
39.37
$ 39.37
$ 39.37
$ 39.37
$ 39.37
LOCK LIDS
$
11.10
$ 11.10
$ 11.10
$ 11.10
$ 11.10
OVERTHETOP(EXY)
$
41.32
$ 41.32
$ 41.32
$ 41.32
$ 41.32
*CONTAMINATION FEE
$
60.00
$ 60.00
$ 60.00
$ 60.00
$ 60.00
Industrial Services
Commercial Organics
10 YD BOX
W 7TONS
Pick Up/Week
1YARD 1.5 YARD
2YARD
64 GAL
1
$ 146.81 $ 146.81
$ 146.81
$ 66.00
2
$ 213.24 $ 213.24
$ 213.24
$ 132.00
3
NA NA
NA
$ 198.00
*CONTAMINATION FEE
$ 60.00 $ 60.00
$ 60.00
$ 60.00
Industrial Services
10 YD BOX
W 7TONS
40 YD BOX
W7TONS
COMPACTOR
W9TONS
Haul Rate-Del/Removal
$ 775.76
$ 836.39
$ 1,037.61
Additional Tons Charge
$ 83.37
$ 83.37
$ 87.54
Trip Charge
$ 124.88
$ 124.88
$ 131.12
Daily Rental 7 Days or 7 Tons
$ 24.98
$ 24.98
$ 26.23
WAS
131.23
131.23
NA
Attachment D
Resolution No. 2022-04
RESOLUTION NO. 2022-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, APPROVING THE SECOND AMENDMENT TO THE
EXCLUSIVE FRANCHISE AGREEMENT FOR COMPREHENSIVE
REFUSE SERVICES WITH CONSOLIDATED DISPOSAL SERVICE L.L.C.,
FOR ADDITIONAL REFUSE SERVICES TO ACHIEVE SENATE BILL 1383
COMPLIANCE
WHEREAS, on August 28, 2012, the City and Consolidated Disposal Service
L.L.C., a limited liability company DBA Republic Services, hereinafter referred to as
Contactor, entered into an Exclusive Franchise Agreement for the provision of
comprehensive refuse services, and
WHEREAS, the current term of the Agreement is ten (10) years from August 1, 2013,
through and including July 31, 2023; and
WHEREAS, Senate Bill 1383, the Short-lived Climate Pollutant Reduction Act of
2016 (SB 1383), requires CalRecycle to develop regulations to reduce organics in landfills as
a source of methane. The regulations place requirements on multiple entities including the
City of Rosemead, the Contractor, residential households, Commercial Businesses and
business owners, Commercial Edible Food Generators, Food Recovery Organizations, and
Food Recovery Services to support the achievement of Statewide Organic Waste disposal
reduction targets; and
WHEREAS, Under SB 1383, the City must implement a mandatory organic waste
recycling program and provide organic waste collection and recycling services to all
residential, single-family and multi -family dwellings, and commercial businesses within
their boundaries.
WHEREAS, with this Second Amendment, the City will amend the Contractor's
Franchise Agreement for comprehensive refuse services to provide additional refuse services
to meet the requirements of SB 1383 within the current term of the Agreement.
WHEREAS, the City Council is authorized to approve amendments to the Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. City Council does hereby approve the Second Amendment to the
Exclusive Franchise Agreement for Comprehensive Refuse Services with the Contractor
as attached hereto as Exhibit A.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this l lth day of January 2022.
Polly Low, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel Richman, City Attorney Ericka Hernandez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby
certify that the foregoing City Council Resolution No. 2022-04 was duly adopted by the City
Council of the City of Rosemead, California, at a regular meeting thereof held on the 11th day of
January 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
Attachment E
SB 1383 Program Development Staff Report
Dated September 29, 2021
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER ', A
Nl •
DATE: SEPTEMBER 29, 2021
SUBJECT: SENATE BILL 1383 ORGANIC WASTE REDUCTIONS POLICY AND
PROGRAMS DEVELOPMENT AND IMPLEMENTATION
SUMMARY
On July 13, 2021, the City Council discussed Senate Bill 1383 statue, which imposes significant
organic and recycling waste reduction requirements to existing City waste collection policy and
programs. Cities are responsible for implementing Senate Bill 1383 regulations in their
communities and must coordinate with relevant county agencies, waste haulers, waste processing
facilities, recyclers, commercial businesses, residents, and edible food recover organizations. In
the same discussion, the City Council made a motion asking the City's existing Franchise Hauler
to submit a proposal to address and achieve compliance with Senate Bill 1383 during the existing
term of their agreement.
STAFF RECOMMENDATION
That the City Council direct staff to proceed with the following:
1. The City Council accept the proposal submitted by Republic Services to achieve
compliance with Senate Bill 1383 during the existing term of agreement; or
2. The City retain an independent oversight through the procurement of a consultant to
develop, implement, and administer Senate Bill 1383 Organic Waste Reduction Program
at a cost of $65,000 for year one. This expense is not included in the 2021-2022 adopted
operating budget. Therefore, if this option is selected, a budget amendment will be
necessary. The amendment will be presented with the 1St Quarter Budget Report.
FISCAL IMPACT
Option 2 will require an amendment to the current Franchise Waste agreement. A confidential
proposal was provided to the City Council. Option 3 will require a $65,000 General Fund budget
amendment.
AGENDA ITEM 6.A
City Council Meeting
September 29, 2021
Page 2 of 2
STRATEGIC PLAN IMPACT - None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Attachment A: July 13, 2021— Staff Report
Attachment B: Republic Services SB 1383 Programs Report
Attachment A
City Council Staff Report
Date July 13, 2021
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER _�, �A .
DATE: JULY 13, 2021
SUBJECT: CONSOLIDATED DISPOSAL SERVICES DISCUSSION
SUMMARY
This item is presented to the City Council at the request of Council Member Steven Ly. The
current consolidated disposal services agreement expires on July 31, 2023.
STAFF RECOMMENDATION
That the City Council discuss and provide further direction.
STRATEGIC PLAN IMPACT - None
FISCAL IMPACT - None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
AGENDA ITEM 73
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Attachment B
Republic Services SB 1383
Programs Report
�Rii REPUBLIC`
�V SERVICES
Republic Services SB 1383 Programs for the City of Rosemead
Republic Services has proudly serviced the residents and businesses in the City of Rosemead for many
years and has kept the City in full compliance with all California applicable laws and solid waste diversion
requirements. We strongly value our working relationship with the City of Rosemead and remain
committed to our longstanding partnership.
Republic is one of the most experienced solid waste service providers in Los Angeles, the state of
California, and the nation. We are fully equipped to continue providing excellent service to the City and
offer full compliance with all statewide recycling initiatives, including AB 939, AB 341, AB 1826, AB 1594,
and SB 1383.
About the Law
In 2016, Senate Bill 1383 was signed into law to combat climate change and reduce landfill methane
emissions. Methane is a climate super pollutant, 84 times more potent than carbon dioxide. Statewide
Targets include:
• Reduce organic waste disposal 50% by 2020 and 75% by 2025.
• Rescue at least 20% of surplus food currently disposed of by 2025 to feed hungry people.
SB 1383 goes into effect on January 1, 2022.
This law requires that jurisdictions contract with their waste hauler, Republic Services, to collect organics,
including food waste, and process it as a unique and separate material stream.
Who is affected?
Everyone. Residents, multi -family properties and complexes, businesses, schools, and public agencies will
all need to comply with the law and enroll in an organics recycling program.
How is it processed?
The law requires a significantly higher level of processing of organic material than current standards.
Processors are required to monitor, track, and ultimately limit the amount of organic material sent to
landfills after processing, requiring additional processing and the development of new systems to remove
contaminants and excess organic material that may have previously been sent to the landfill as residue.
�R'ii REPUBLIC -
SERVICES
Republic's programs to keep the City of Rosemead in compliance with the requirements
of SB 1383 include:
SB 1383 Item
Solution
Residential
Residential Service. Effective January 1, 2022, Residential (Single or Multi -Family)
Collection for
Customers receiving Carts -only service to commingle Green Waste, Food Waste,
Single Family and
food -soiled paper products, clean wood, in Carts designated for Green Waste and
Multi -Family Cart
will process such waste at an Organic Waste Processing Facility that complies
Service
with SB 1383
Commercial Bin
Republic's program includes using a 3 -container solution as described similarly for
Service
residential collection. The City currently has commercial food waste and single
stream recycling programs; thus, Republic Services will focus on enhancing
existing AB 1826 organicfood waste collection & AB 341 source separated
programs to all commercial customers. Customers will have access to various
sizes of bins and carts depending on space restrictions and material types
Record Keeping
Republic's cloud -based recording keeping system will maintain records on each
for Compliance
customer and any enforcement action and exemptions as required by SB 1383.
The City will have access to use this online tool.
SB 1383
Republic's contamination minimization program will include:
Contamination
Monitoring
• Route Reviews: Carts randomly selected and inspected along each route
annually
• Notify Customers: Cart tags will inform customers of proper material
separation
• Contamination Fee: Contamination fee will be charged to customers with
contaminated carts after an education period and warning system.
Republic will also dedicate a Recycling Coordinator and/or Route Auditor to
perform contamination monitoring requirements.
Container
Rosemead's current carts and commercial bins are compliant with SB 1383 lid
Labeling
color requirements. New containers requested of Republic will include graphic -
Requirements
based labels identifying the acceptable materials permitted within each source -
separated cart.
Republic will design labels and the City will approve the design of labels to be
affixed to all newly requested containers.
Education and
Republic will provide ongoing annual outreach and educational materials for all
Outreach —
residents and businesses, including a start-up education campaign informing all
Organics Program
customers about changes to their collection services and compliance with SB
1383
Edible Food
Republic will provide public education and outreach and coordinate with local
Recovery
food rescue organizations to help customers donate edible food to people In
need and meet the 20% recovery requirement. Republic will also manage the
data collection as required by SB 1383.
REPUBLIC"
�V SERVICES
Monthly Rates
The proposed residential and commercial rates are as follows:
Current —September 2021 Proposed —January 1, 2022
Residential Rate $ 21.25
Residential Rate $ 22.61
Commercial Rate $ 178.42
(3 yard/1x week)
Commercial Rate $ 207.34
(3 yard/1x week)
Enhanced Levels of Service for Greater Generator Participation
Republic's proposal offers a SB 1383 compliant program for commercial and multifamily dwellings with a
64 -gallon organics cart option at $66.00 per month, and a 1.5 -yard bin option at $146.81 per month.
The existing commercial recycling program currently includes a 3 -yard bin size. Republic proposes
enhancing the existing recycling services to include a 96 -gallon recycling cart size to provide commercial
customers greater flexibility in compliance.
Facilities
Republic Services is proud of our facilities, their capabilities, and our ability to achieve compliance with SB
1383. The City of Rosemead has the benefit of guaranteed capacity at our Republic -owned facilities
meeting SB 1383 compliance. We invite the council and staff to take a tour of our Anaheim Materials
Recovery Facility to see firsthand how we process the materials collected from businesses and residents
in the City of Rosemead.
Conclusion
Republic Services has had a widespread presence within the Rosemead community, and our employees
feel closely connected to your residents and businesses. Our intent with this proposal is to address the
City Council's motion by achieving compliance with SB 1383 during the existing term of our agreement.
Our goal is to get Rosemead fully educated and actively engaged in the new SB 1383 programs to help
drive success in partnership with the City