CC - Item 5A - Intergrated Solid Waste Handling Services Procurement - Best and Final Offer Proposal Results, Selection of Contractor and Award of Franchise AgreementROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER
DATE: MAY 9, 2023
SUBJECT: INTEGRATED SOLID WASTE HANDLING SERVICES
PROCUREMENT — BEST AND FINAL OFFER PROPOSAL RESULTS,
SELECTION OF CONTRACTOR AND AWARD OF FRANCHISE
AGREEMENT
SUMMARY
The City's exclusive franchise agreement for comprehensive refuse services with Consolidated
Disposal Services (dba Republic Services) is set to expire on July 31, 2023. At the September
13, 2022, City Council Meeting, the City Council awarded a contract for Solid Waste Consulting
Services to R3 Consulting Group, Inc (R3) to perform an assessment of the City's current solid
waste programs and assist with the procurement of a new integrated solid waste handling
agreement. Staff and R3 collaborated to create a Request for Proposals (RFP) document, create a
draft Integrated Solid Waste Handling Agreement, and met with the City Council on November
8, 2022, for a solid waste procurement workshop. At the workshop, the Council provided
feedback on the RFP process, timeline, and desired services and directed staff to proceed to issue
the RFP for the City's integrated solid waste handling agreement. The RFP document was
released on November 17, 2022, and on January 26, 2023, the City received five (5) proposals.
At the April 11, 2023, City Council meeting, the City Council directed staff to request for Best
and Final Offers (BAFOs) from the top two proposers, Republic Services and Valley Vista
Services. Staff met with each proposer on April 18, 2023, to discuss the request for BAFOs and
provided any necessary clarifications. A formal request letter for BAFOs was sent to the
proposers on April 19, 2023, and on April 27, 2023, the City received BAFO proposals from
Republic and Valley Vista Services (Attachment B and Q. Staff requests that: 1) the City
Council review the best and final offers, 2) provide direction on the inclusion of the SB 1383 Fee
in the service rates, 3) award an exclusive Franchise Agreement for solid waste handling
services, with a ten year term, to one of the two finalists and adopt Resolution 2023-27
approving the Franchise Agreement, 4) authorize the City Manager, in coordination with the City
Attorney's Office, to make minor changes to the Franchise Agreement to correct any
irregularities, typographical errors, or to make minor operational changes, and authorize the City
Manager to execute the final Franchise Agreement on behalf of the City, and 5) Direct the City
Manager to set a public hearing upon the Service Rates, Franchise Fee, and other City Fee
AGENDA ITEM 5.A
City Council Meeting
May 9, 2023
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proposed in the Franchise Agreement and to prepare and mail the prescribed notice as required
under Section 6 of Article XIILD of the California Constitution.
DISCUSSION
Solid Waste Collection Services
A summary of current solid waste collection services and details of the new draft franchise
agreement was provided in the staff report on April 11, 2023, and can be found in Attachment A.
Best and Final Offers (BAFOs)
Republic Services and Valley Vista Services were each asked to provide a BAFO based on
direction from City Council including the following terms:
1. 10 -year term length.
2. Removal of street sweeping services from the scope of work.
3. Maintain a 4% annual rate cap on maximum service rates.
4. New carts and bins for all residents and businesses in the City of Rosemead. The labeling
of all containers shall be consistent and uniform.
5. Replacement of at least 2/3rds of the collection fleet serving the City of Rosemead with
newer vehicles.
6. The closest facilities shall be used for handling and disposal of solid waste, recyclables,
and organics.
7. Kitchen food waste pails shall be provided and delivered to SFD, MFD, and MXD
dwelling units.
8. Up to 500 compost bins per calendar year shall be provided and delivered to SFD, MFD,
and MXD dwelling units upon request by residents.
9. Hauler shall have a dedicated office space and staff at the Rosemead Chamber of
Commerce.
10. Hauler shall be a member of the Rosemead Chamber of Commerce.
11. Provide compost giveaway events for the Rosemead community.
12. An increase to the quarterly franchise fee payment without impacting customer service
rates.
13. In the event of a Change in Law, the City and Service Recipients are not obligated to pay
for the purchase of new electric vehicles.
The following Table 1 summarizes the BAFO responses from both haulers. A checkmark (✓)
denotes hauler has agreed to provide the services.
City Council Meeting
May 9, 2023
Paee 3 of 7
Table 1: Best and Final Offer Services
Best and Final Offer Services
Republic Services
Valley Vista
Services
Agreed for all
Residential &
recycling / organics
New carts and bins for all residents and
for Commercial/MFD
businesses in the City of Rosemead. The
upon enrollment and
labeling of all containers shall be consistent and
customer request. All
✓
uniform
existing trash bins for
Commercial/MFD
accounts will be
refurbished of new
At least 2/3rds of the collection fleet serving the
City of Rosemead shall be 15 years or less in
✓
newfle
fleet All new et by
Me. e.
24
The closest facilities shall be used for handling
and disposal of solid waste, recyclables, and
organics
Up to 500 compost bins per calendar year shall
be provided and delivered to SFD, MFD, and
MXD dwelling units upon request by residents
Kitchen food waste pails shall be provided and
delivered to SFD, MFD, and MXD dwelling
,/
units
Hauler shall have a dedicated office space and
staff at the Rosemead Chamber of Commerce
Hauler shall be a member of the Rosemead
Chamber of Commerce
✓
✓
Provide compost giveaway events for the
Rosemead community
✓
✓
An increase to the quarterly franchise fee
payment without impacting customer service
Did not agree
Did not agree
rates
In the event of a Change in Law, the City and
Did not agree.
Service Recipients are not obligated to pay for
Agrees to negotiate in
the purchase of new electric vehicles
good faith with the
city
In addition to the summary of services offered, each proposer was asked to summarize all good
corporate citizenship programs, partnerships, and collaboration efforts offered to the Rosemead
community. Comparable good corporate citizenship programs, partnerships, and collaborative
efforts offered by both proposers are recapped in Table 2.
City Council Meeting
May 9, 2023
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Table 2: Good Cornorate Citi7enchin Prnoramc
Good Corporate Citizenship Programs
Republic
Valley Vista
Services
Services
Collection for City Sponsored Events, including the 4th of July
Event, Moon Festival Event, and Fall Fiesta Event
Concerts in the Park Title sponsor commitment annually
Unlimited and high diversion bulky item and street litter
abatement program
Semi-annual community paper shred days
Compost giveaways to community and schools upon request
Residential recycling rewards program: Gift cards raffled on a
quarterly basis to residents who participate in a recycling survey
available through the city website. The rewards program is
✓
advertised on the website, community events, and at local office
Public education and outreach provided through quarterly
newsletters, semi-annual billing inserts, commercial and multi-
family recycling workshops, and technical assistance
Disaster cleanup response
Scholarship program offered annually to Rosemead residents
that are college -bound high school seniors
offered 5, $1,000 scholarships annually.
V/Republic
Valley Vista offered 15, $1,000 scholarships annually.
Community quality of life cleanup events
Sponsorships and charitable giving to community organizations.
- Republic offered $20,000 annually.
- Valley Vista offered $13,500 annually.
"Serve Rosemead," Volunteer Projects: committed to volunteer a
minimum of one annual "Serve Rosemead," landscaping or
beautification projects over contract term
Annual Dumpster Day: Republic will commit to hosting an
annual, "Dumpster Day," on a day selected in collaboration with
the city
Recyclist Software Tracker: provides accessibility of its program
tracker and dashboard to the city for all SB 1383 compliance and
reporting oses
Proposed Solid Waste Service Rates
The City is currently working with R3 to prepare a Solid Waste Franchise Fee Study to
determine the estimated total annual costs for solid waste management, administration, oversight,
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May 9, 2023
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and compliance. The preliminary results of the study have determined that the 10% franchise fee
payments that the City would receive from the future hauler are justified for the existing levels of
solid waste management, administration, and oversight. The SB 1383 Compliance Program
Implementation Plan included a resource gap analysis which identified an estimated $265,000 in
program compliance costs to achieve full compliance. The identified costs include an additional
staff member to manage and enforce solid waste programs, participation in the San Gabriel
Valley Council of Governments (SGVCOG) Edible Food Recovery Program, and procurement
of recovered organic materials for 100% compliance with the procurement requirement. The City
Council may choose to fund a portion or all costs through an SB 1383 fee which is passed on to
the franchise hauler and in turn to the ratepayers. The City Council may also choose to fund costs
related to SB 1383 program compliance out of the General Fund.
A comparative table of the most common rates for residential and commercial customers is
provided in Table 3 below. If approved the proposed rates would be effective on August 1, 2023.
As shown in the table, Republic Services and Valley Vista have both held the rates that were
proposed on January 26, 2023, in their Option 1 proposed rates. Option 1 rates include the
various Good Corporate Citizenship Programs and addresses all Best and Final Offer Services
shown in Tables 1 and 2.
The Option 2 rates for each proposer includes an additional $265,000 annual payment to the City
to fully recover the City's costs related to management of SB 1383 regulations. Republic
Service's Option 2 rates maintains the January 26, 2023, proposed single family residential
monthly rate of $24.93 and increases the commercial and multi -family customer rates. Valley
Vista's Option 2 lowers residential rates to align with the current single family residential
customer rates and maintains residential rates through July 1, 2024. Valley Vista Services Option
2 also proposes to match the existing rate for the 3 -cubic yard lx per week commercial customer
and adjusts the remaining rates.
Table 3: Summary Comnarison of Common Rates
Residential
Commercial
Commercial
Commercial
96 gallon
3 CY Trash
4 CY Trash
6 CY Trash
Proposer
(includes trash,
(includes trash,
(includes trash,
(includes trash,
recyclables, &
recyclables, &
recyclables, &
recyclables, &
organics)
organics)
organics)
organics)
Current Rates
$23.74
$342.45
$415.01
$589.55
Republic
Option I
$24.93
$270.00
$359.99
$576.46
Valley Vista
Option 1
$23.87
$189.90
$202.05
$226.37
Republic
Option 2
$24.93
$284.94
$379.90
$608.34
Valley Vista
Option 2
$23.74
$217.71
$229.86
$254.18
City Council Meeting
May 9, 2023
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Upon commencement of the new franchise agreement and services, residents will have the
opportunity to evaluate service needs and customize the sizes of carts and bins to their specific
needs. In addition, multi -family and commercial properties may adjust both container sizes and
service days to "right size" their service to their specific needs and potentially defray cost
increases.
Each proposer is well-qualified and can provide high-quality waste collection services to the
City. In addition, each of these companies would provide various service enhancements and
franchise fee revenues to the City. Following an extensive solicitation process that included a
detailed evaluation and review of five proposals including interviews, follow-up questions, and a
request for BAFOs. Staff believes the proposed draft agreements (Attachments D and E)
achieves the integrated solid waste collection objectives of the City Council.
ENVIRONMENTAL REVIEW
Staff has reviewed and determined that the proposed action is categorically exempt under the
California Environmental Quality Act (CEQA) Guidelines in accordance with Section
15061(b)(3) The project is covered by the general rule that CEQA only applies to projects that
have the potential for causing a significant effect on the environment. This item is not defined as
a project under the California Environmental Quality Act (CEQA); therefore, the proposed plan
is not subject to CEQA.
STAFF RECOMMENDATION
It is recommended that the City Council:
1. Find the proposed action is categorically exempt under the California Environmental Quality
Act (CEQA) Guidelines in accordance with Section 15061(b)(3)
2. Provide direction on the inclusion of the SB 1383 Fee in the service rates.
3. Award an exclusive Franchise Agreement for solid waste handling services, with a ten year
term, to one of the two finalists and adopt Resolution 2023-27 approving the Franchise
Agreement.
4. Authorize the City Manager, in coordination with the City Attorney's Office, to make minor
changes to the Franchise Agreement to correct any irregularities, typographical errors, or to
make minor operational changes, and authorize the City Manager to execute the final
Franchise Agreement on behalf of the City.
5. Direct the City Manager to set a public hearing upon the Service Rates, Franchise Fee, and
other City Fee proposed in the Franchise Agreement and to prepare and mail the prescribed
notice as required under Section 6 of Article XIILD of the California Constitution.
City Council Meeting
May 9, 2023
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LEGAL REVIEW
The staff report and Franchise Agreements included in Attachment D and E have been reviewed
by the City Attorney's Office.
FISCAL IMPACT
No additional funding is requested. Cost of consultant to assist with RFP and evaluation process
was included in Adopted FY 2022-23 Budget and will be reimbursed by the selected hauler upon
execution of the agreement. Associated staff time was included in adopted FY 2022-2023
budget.
STRATEGIC PLAN IMPACT
Solid waste collection is consistent with the City of Rosemead's Strategic Plan Goal C -
Infrastructure and Facilities, which is to enhance streets, sidewalks, and public infrastructure;
coordinate with relevant utility agencies regarding safety and enhancements; and modernize
facilities by expanding the use of wireless network technology and renewable energy.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by: ^
amelle Garcia l
Public Works Fiscal and Project Manager
Submitted by:
791u, - a 2Az�
Michael Chung, P.E.
Director of Public Works
Attachment A: City Council Staff Report Only dated April 11, 2023, Item 6.A - Integrated Solid
Waste Handling Services Procurement - Proposal Results and Selection of Contractor
Attachment B: Waste Hauler Best and Final Offer — Republic Services
Attachment C: Waste Hauler Best and Final Offer— Valley Vista Services
Attachment D: Draft Integrated Solid Waste Handling Services Agreement - Republic Services
Attachment E: Draft Integrated Solid Waste Handling Services Agreement - Valley Vista
Services
Attachment F: Resolution No. 2023-27
Attachment A
City Council Staff Report
Dated April 11, 2023
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AN CITY COUNCIL
FROM: BEN KIM, CITY MANAGER
DATE: APRIL 11, 2023
SUBJECT: INTEGRATED SOLID WASTE HANDLING SERVICES
PROCUREMENT - PROPOSAL RESULTS AND SELECTION OF
CONTRACTOR
1u'iu• MolviI
The City's exclusive franchise agreement for comprehensive refuse services with Consolidated
Disposal Services (dba Republic Services) is set to expire on July 31, 2023. At the September
13, 2022, City Council Meeting, the City Council awarded a contract for Solid Waste Consulting
Services to R3 Consulting Group, Inc (R3) to perform an assessment of the City's current solid
waste programs and assist with the procurement of a new integrated solid waste handling
agreement. Staff and R3 collaborated to create a Request for Proposals (RFP) document, create a
draft Integrated Solid Waste Handling Agreement, and met with the City Council on November
8, 2022, for a solid waste procurement workshop. At the workshop, the Council provided
feedback on the RFP process, timeline, and desired services and directed staff to proceed to issue
the RFP for the City's integrated solid waste handling agreement. The RFP document was
released on November 17, 2022, and on January 26, 2023, the City received five (5) proposals.
After completion of proposal evaluations and interviews, staff and R3 scored and ranked the
proposers based on pre -established evaluation criteria. Staff requests that: 1) the City Council
review the proposal results, 2) select a contractor and direct City Manager or his designee to
negotiate an exclusive agreement subject to approval by the City Council, 3) provide direction on
if to include street sweeping services within the franchise agreement procurement, 4) select the
franchise agreement term (10 -year or 15 -year), and 5) if needed provide direction to negotiate a
month-to-month extension for up to four (4) months to the current exclusive franchise agreement
for comprehensive refuse services to allow adequate time for the transitionary period.
DISCUSSION
Current Solid Waste Collection Services
Residential Cart Collection Service Programs
AGENDA ITEM 6.A
City Council Meeting
April 11, 2023
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Single-family dwelling (SFD) service recipients in the City currently receive curbside carts for
garbage, recyclable materials, and green waste. The details of current services for SFD service
recipients are as follows:
• Weekly curbside collection of Garbage (96 -Gallon Black or Grey Carts standard), 64 -
and 32- Gallon Carts available and provided at a discounted rate for certain qualifying
accounts (e.g., seniors, people with disabilities);
• Weekly curbside collection of Recyclable Material in a Blue 96 -gallon cart;
• Weekly curbside collection of Organics in a Green 96 -gallon cart;
• Up to five on-call Bulky Waste Collection per year; up to 5 items per Collection;
• Curbside Battery Collection;
• E -waste accepted at the semi-annual shredding events; and
• Holiday Tree Collection.
Multi fancily Collection Serpice Programs
Multi -family dwelling (MFD) service recipients in the City currently receive a weekly collection
of bins or carts for garbage, a cart for recyclable material and organic waste, and up to four on-
call Bulky Waste Collection per year; up to 4 items per Collection.
Commercial Collection Service Programs
Commercial service recipients in the City currently receive carts or bins for garbage, recyclable
material, and organic waste, based on volumetric need. Commercial collection service is
provided to service recipients on an at least weekly basis, up to six (6) times per week.
New Solid Waste Regulations
Since the existing agreements went into effect, the State has passed several laws that
significantly affect the processing of garbage, recyclables, and organic waste. In 2011, the State
adopted AB 341, requiring all businesses to recycle and jurisdictions to implement a commercial
recycling program. AB 341 also established a goal of a 75% recycling rate ("diversion") by
2020. AB 1826, adopted in 2014, requires jurisdictions to implement an organic waste recycling
program, to divert from the landfill organic waste collected from businesses and multi -family
dwellings.
In 2016, SB 1383 was passed, which was designed to keep organic waste out of landfills. In
addition, requiring a state-wide target of a 50% reduction in organic waste disposal by 2020 and
75% by 2025. The regulations went into effect on January 1, 2022. Under SB 1383, jurisdictions
are required to provide organics services to all residents and businesses, establish an edible food
recovery program, procure recyclable and recovered organic products, secure access to organics
recycling capacity, monitor compliance, and conduct enforcement.
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April H, 2023
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New Solid Waste Agreement
Prior to developing a new agreement, R3 provided City staff with an overview of current
services and an analysis of those services as compared to the latest solid waste and recycling
trends, best management practices related to both franchise agreement services and terms and
conditions, and updates on recent legislation. The results of this analysis were the basis for the
new agreement. A complete copy of the report can be found in Attachment A — SB 1383
Compliance Program Implementation Plan.
The new agreement for the provision of Integrated Solid Waste Handling Services
("Agreement") was developed to preserve and maintain priority services currently provided to
the City's residents and businesses while addressing the many challenges related to recent
regulatory changes and incorporating as an option street sweeping within the overall services.
Staff and R3 developed the draft Agreement to address regulatory requirements such as AB 1826
and SB 1383 and modernize the City's overall solid waste agreement framework. Key
considerations included:
Expanding organics collection services to meet the requirements of SB 1383
o Updating container labeling (and some colors) to meet the requirements of SB
1383 (grey for garbage, blue for recycling, green for organics).
o Providing expanded education and outreach programs and services.
o Providing reports of customer subscriptions to determine compliance with the
requirements of SB 1383.
o Updated processing and diversion requirements.
o Providing for the procurement of recovered organic materials as required by SB
1383.
o Providing detailed tracking and reporting for SB 1383 compliance.
The new Agreement includes bundled services (garbage, recycling, and organic waste) for all
residential, multi -family, and commercial customers to achieve compliance with SB 1383. All
prior services provided to residents and businesses are maintained, with key provisions of the
new Agreement including:
10 -year base term beginning on August 1, 2023, with a maximum of a 15 -year term.
New SB 1383 services including:
o Bundled rates, including minimum recycling and organics services, for all
customers and green/organic containers to include collection of food waste.
o New carts and newly painted bins to meet SB 1383 color and labeling
requirements.
o Residential kitchen food waste pails.
o Outreach and education.
o Route audits.
o Organics contamination monitoring.
o Reporting.
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April 11, 2023
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o Mulch or compost delivery to support procurement requirements.
o Support for edible food recovery program.
New or expanded services including:
o Home Compost Bins (up to 500 home compost bins per year).
o Sharps Collection (upon request, must provide one postage -paid mail -back home
generated sharps container annually at no additional cost).
o Offer collection drives 2x per year to collect and divert E -waste, textiles, carpet,
and mattresses.
o Backyard/Off-Street Collection service option.
o Free Curbside E -Waste Collection.
o Free City services.
Franchise fees, payments, and collection rates including:
o Procurement reimbursement (one-time due 30 days after the contract is signed).
o Franchise Fee (Quarterly payments equal to 10% of the Gross Revenue received
by contractor)
o Annual Mitigation Fee (Amount to be determined by the Solid Waste Franchise
Fee Study and subject to City Council adoption).
o Annual SB 1383 and Administrative Fee, including fees to fund one (1) full-time
position to support the SB 1383 Compliance Program (Amount to be determined
by the Solid Waste Franchise Fee Study and subject to City Council adoption).
o Annual CPI for collection rate adjustments will begin on July 1, 2024.
The City is currently working with R3 to prepare a Solid Waste Franchise Fee Study to
determine the estimated total annual costs for solid waste management, administration, oversight,
and compliance. The results of the study will identify a fee amount to offset City expenditures,
vehicle impacts attributable to solid waste collection vehicles, and compensate the City for the
use of public property. If determined to be a recoverable cost, the annual Mitigation Fee and SB
1383 and Administrative Fee payment amounts shall be set at an amount adopted by a resolution
of the City Council. The annual payments received from the hauler could be used to pay for
street maintenance and repair, solid waste management, and SB 1383 compliance efforts such as
the procurement of recovered waste products and edible food recovery inspection and
monitoring.
Proposal Evaluation Process
City staff and R3 prepared and released an RFP for a solid waste contractor. The RFP was
published on the City's website and the PlanetBids portal on November 17, 2022. Two addenda
were released to provide responses and clarifications to questions submitted by the solid waste
contractors. On January 26, 2023, the City received formal responses from five (5) solid waste
contractors:
1. Arakelian Enterprises, Inc. dba Athens Services (Athens Services);
2. Burrtec Waste Industries, Inc (Burrtec);
3. Republic Services (Republic);
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April 11,2023
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4. Valley Vista Services (Valley Vista); and
5. USA Waste of California, Inc. dba Waste Management (WK.
All five (5) proposals went through an initial "Pass/Fail" review to check for completeness and
compliance with the proposal requirements. After the Pass/Fail review, where it was determined
that all proposals passed, the proposals were then reviewed by the evaluation team, which
consisted of City and R3 staff on February 21, 2023. Proposals were reviewed and scored based
on the following evaluation criteria:
• Qualifications;
• Technical Approach;
• Sustainability; and
• Service Rates.
The following is a summary of each proposal. A detailed summary of each proposal including
the proposers exceptions and alternatives can be found in Attachment B - Evaluation
Summary Report.
Athens Services
The City's current street sweeping contractor services 2 million customers throughout Southern
California in over 40 jurisdictions. The Athens' proposal offers the City a $400,000 annual
payment for a Community Enhancement Program with a 10 -year term option. With a longer-
term (15 years), Athens will instead offer the city a Goodwill Payment of $1,000,000 to use how
it sees fit and proposes to include a three-year step-in approach for rates. Finally, Athens is
proposing an all-inclusive Community Beautification Services Package with a dedicated
beautification crew (size TBD) that may power wash enclosures, remove graffiti from
containers, and maintain the cleanliness of city amenities. Athens' proposal would increase the
current residential customer rates by 51.56% or $12.24 per month.
Burriec
Burrtec has over 50 years of experience and provides service to more than 50 communities
throughout Southern California. The company also owns and operates 4 transfer stations, 4
material recovery facilities, and 5 compost operations. Value-added services proposed at no
additional charge to the City include City -sponsored event collection, collection and outreach
booths at the farmers market, compost and mulch for community gardens, Concerts in the Park
sponsorship commitments, unlimited bulky item pickups, street litter abatement program, semi-
annual paper shred events, disaster cleanup response, annual student scholarship program, semi-
annual Quality of Life Clean-up Events. Its proposal would increase the current residential
customer rates 50.97% or $12.10 per month.
Republic
For over three decades, Consolidated Disposal Services / Republic has served as the City's solid waste
provider. Retention of Republic as the City's solid waste contractor would allow for the continuation
of service delivery without a transition. Surrounding area cities — Alhambra, Hawthorne, Inglewood,
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April 11, 2023
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Los Angeles, San Fernando, and Santa Fe Springs — are also currently contracted with Republic for
solid waste services. Republic included an annual student scholarship program, semi-annual compost
giveaway and shred events, access to its cloud -based reporting program, semi-annual Quality of Life
Clean-up Events, and an annual $20,000 public outreach fund. Its proposal would increase the current
residential customer rates by 5.01 % or $1.19 per month.
Valley Vista
Valley Vista is a family owned and operated company with over 60 years of experience,
currently serving nearby cities including Diamond Bar, Industry, La Puente, and Los Angeles.
Value added items included in the proposal include competitive rates, dedicated customer
convenience. center, and an assistance program for seniors and the disabled. Its proposal would
increase the current residential customer rates by 0.55% or $0.13 per month.
WM
Waste Management highlights its knowledge, diversion, service delivery, safety, technology,
customer experience, and financial stability. Recently, WM underwent a similar transition for the
City of Chino Hills. The company included a corporate citizenship program of $40,000 annually.
Its proposal would increase the current residential customer rates by 46.38% or $11.01 per
month.
Proposed Solid Waste Service Rates
A comparative table of the most common rates for residential and commercial customers is
provided in Table 1 below. It should be noted that the proposed rates would not take effect until
August 1, 2023.
Table 1: Summa Comparison of Common Rates
Proposer
Residential
Commercial
Commercial
Commercial
96 gallon
3 CY Trash
4 CY Trash
6 CY Trash
Current Rates
$23.74
$217.71
$290.27
$464.81
(Republic)
Athens
$35.98
$330.45
$385.12
$501.60
Burrtec
$35.84
$268.69
$341.97
$452.88
Republic
$24.93
$270.00
$359.99
$576.46
Valley Vista
$23.87
$189.90
$202.05
$226.37
Waste
$34.75
$359.22
$507.97
$813.41
Management
Upon commencement of the new franchise agreement and services, residents will have the
opportunity to evaluate service needs and customize the sizes of carts and bins to their specific
needs. In addition, multi -family and commercial properties may adjust both container sizes and
City Council Meeting
April 11, 2023
Page 7 of 10
service days to "right size" their service to their specific needs and potentially defray cost
increases.
Proposed Street Sweeping Costs
Currently, the City contracts with Athens for street sweeping services with an annual contract
amount of approximately $235,418 and is paid with special revenue funds, including Gas Tax
and Measure W at no cost to residents and businesses. The City's current street sweeping
contract with Athens expires on June 30, 2023.
At the November 8, 2022, City Council Integrated Solid Waste workshop, the City Council
directed staff to include street sweeping services as an option in the RFP to determine if there
would be cost savings through operational efficiency from having one company perform both
services. As noted above, the proposed cost for street sweeping services is not included in the
above proposed solid waste handling service rates (Table 1). The optional proposed street
sweeping costs for each proposer are shown in Table 2. Should the street sweeping services
option be elected as part of the Agreement, staff will continue to budget the street sweeping costs
in the City's budget with Gas Tax and Measure W, so that the residents and businesses only pay
for waste collection and the City pays for street sweeping as currently performed.
Table 2: Proposed Street Sweeoine Costs
Proposer
Annual Street Sweeping Cost for
10 -Year & 15 -Year Terms
Current Cost
$235,4] 8
Athens
Athens
$468,463
Burrtec
$458,529
Republic
$329,070
Valley Vista
$279,552
Waste
$346,000
Management
Proposal Evaluation Results
The evaluation team was in consensus with an overall ranking based on proposals and interviews
of Valley Vista ranked 1st, for both options: 1) without street sweeping services, as shown in
Table 3, and 2) with street sweeping services, as shown in Table 4. Details of the evaluation
process and criteria are shown in Attachment B - Evaluation Summary Report.
City Council Meeting
April 11, 2023
Page 8 of 10
Table 3: Final Evaluation Team Consensus Scoring without Street Sweeping Services
10 -Year Term
15 -Year Term
Rank
Max 100
Proposer
Rank
Score Max 100
Proposer
1
85.87
Valley Vista
1
85.87
Valley Vista
2
83.01
Republic
2
83.01
Republic
3
78.02
Burrtec
3
79.77
Athens
4
75.95
Athens
4
78.64
Burrtec
5
74.13
WM
5
74.13
WM
Table 4: Final Evaluation Team Consensus Scoring with Street Sweeping Services
10 -Year Term
15 -Year Term
Rank
Score
(ma1
Proposer
Rank
Max Score
Proposer
85.87
Valley Vista
1
85.87
Valley Vista
2
83.54
Republic
2
83.12
Republic
3
76.70
WM
3
79.93
Athens
4
76.66
Bunter
4
77.18
Burrtec
5
76.30
Athens
5
76.70
WM
Based on the evaluation criteria, the proposal submitted by Valley Vista ranked 1st and has
demonstrated the ability to provide the best overall waste collection service to the City. Valley
Vista demonstrated key differentiating factors including but not limited to:
• Provided the lowest collection rates of all the proposers.
• The only proposer to have no exceptions or alternatives to the Agreement.
• Will be providing an entirely new fleet of RNG vehicles that will be operational at the
start of the Agreement.
• Serving Rosemead would fit into their core business model of focusing on the
surrounding areas they currently serve.
City Council Meeting
April 11, 2023
Page 9 of 10
• The leadership of the company and key team members are local.
• Comprehensive diversion program that meets and exceeds diversion laws.
• Their proposed disposal facilities are among the closest proximity to Rosemead.
However, each proposer is well-qualified and can provide high-quality waste collection services
to the City. In addition, each of these companies would provide various service enhancements
and franchise fee revenues to the City.
Staff requests that: 1) the City Council review the proposal results, 2) select a contractor and
direct City Manager or his designee to negotiate an exclusive agreement subject to approval by
the City Council, 3) provide direction on including street sweeping services within the franchise
agreement procurement, 4) select the franchise agreement term (10 -year or 15 -year), and 5) if
needed provide direction to negotiate a month-to-month extension for up to four (4) months to
the current exclusive franchise agreement for comprehensive refuse services to allow adequate
time for the transitionary period.
ENVIRONMENTAL REVIEW
Staff has reviewed and determined that the proposed action is categorically exempt under the
California Environmental Quality Act (CEQA) Guidelines in accordance with Section
15061(b)(3) The project is covered by the general rule that CEQA only applies to projects that
have the potential for causing a significant effect on the environment. This item is not defined as
a project under the California Environmental Quality Act (CEQA); therefore, the proposed plan
is not subject to CEQA.
STAFF RECOMMENDATION
It is recommended that the City Council:
1. Find the proposed action is categorically exempt under the California Environmental Quality
Act (CEQA) Guidelines in accordance with Section 15061(b)(3)
2. Select a contractor and direct City Manager or his designee to negotiate an exclusive
agreement subject to approval by the City Council.
3. Provide direction on including street sweeping services within the franchise agreement
procurement.
4. Select the franchise agreement term; 10 -year or 15 -year.
5. Provide direction to negotiate a month-to-month extension, if needed, for up to four (4)
months to the current exclusive franchise agreement for comprehensive refuse services with
Republic Services to allow adequate time for the transitionary period.
City Council Meeting
April 11, 2023
Page 10 of 10
LEGAL REVIEW
The staff report has been reviewed by the City Attorney's Office.
FISCAL IMPACT
No additional funding is requested. Cost of consultant to assist with RFP and evaluation process
was included in Adopted FY 2022-23 Budget and will be reimbursed by the selected hauler upon
execution of the agreement. Associated staff time was included in adopted FY 2022-2023
budget.
STRATEGIC PLAN IMPACT
Solid waste collection is consistent with the City of Rosemead's Strategic Plan Goal C -
Infrastructure and Facilities, which is to enhance streets, sidewalks, and public infrastructure;
coordinate with relevant utility agencies regarding safety and enhancements; and modernize
facilities by expanding the use of wireless network technology and renewable energy.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
W,e, dce C&4e
Michael Chung, P.E.
Director of Public Works
Attachment A: SB 1383 Compliance Program Implementation Plan
Attachment B: Evaluation Summary Report
Attachment C: Integrated Solid Waste Handling RFP Package
Attachment D: Waste Hauler Proposals (Hardcopies are available with City Clerk's Office)
Attachment B
Waste Hauler Best and Final Offer
By Republic Services
CITY OF ROSEMEAD
BEST AND FINAL OFFER (BAFO)
FOR
INTEGRATED SOLID WASTE HANDLING
SERVICES
Request for Proposals No. 2022-28
Submitted by: Consolidated Disposal Service, L.L.C. REPUBLIC'
d/b/a Republic Services
Address: 2531 E. 6716 Street, Long Beach, CA 90805 SERVICES
��
Primary Contact: Jason Bond, General Manager
Telephone: (682) 215-5081
Date of Submittal: April 27, 2023 Sustainability in Action
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RFP No. 2022-28 Competition Sensitive Page i
REPUBLIC'SERWCES
E
Sustainability in Action -
Cover Letter
April 27, 2023
Danielle Garcia, Fiscal and Project Manager
City of Rosemead
8838 E. Valley Boulevard
Rosemead, California 91770
City of Rosemead Best and Final Offer for
Integrated Solid Waste Handling Services
Request for Best and Final Offer (BAFO) for Integrated Solid Waste Handling
Services
Dear Ms. Garcia,
Consolidated Disposal Service, L.L.C. d/b/a Republic Services, as the City's current service
provider for the past 25+ years, is pleased to provide the City of Rosemead with its Best
and Final Offer (BAFO) for the above referenced scope of work. We have thoroughly and
thoughtfully reviewed the City's requests included within Attachments A and B of your BAFO
request letter dated April 19, 2023. As Rosemead's current service provider, Republic offers
the lowest risk to the City and guarantees the most seamless transition for implementing
new programs stemming from SB 1383 - the most comprehensive and robust solid -waste
legislation to impact California since the passage of AB 939.
If the City awards the Collection Service to us, Republic Services will reimburse the city for
the cost of this procurement, in an amount as determined by the City. This one-time
payment will be submitted within thirty (30) days after the Effective Date of the
Agreement. Republic understands that it will not receive any additional compensation that
is not included In the Rate Proposal Forms (Form K). I certify and guarantee the proposal
contents including proposed Service Rates and pricing for a period of one hundred eighty
(180) days. Republic Services will enter into the Integrated Solid Waste Handling Services
Agreement with the City if selected as the City's Collection Service provider. I certify and
guarantee disposal capacity for all garbage, recyclable and organics processing that
pertains to this Agreement. I certify and guarantee that no gratuities have been or will be
offered or given by Republic, or any agent or representative of Republic, to any officer or
employee of the City or any participant in the selection of a Proposer to furnish the services
described herein to secure a favorable treatment regarding the evaluation, scoring, and
Agreement award process.
I, the undersigned, am authorized to bind this company in contract with the City of
Rosemead for the scope of services outlined in the City's RFP, and I look forward to the
opportunity to continue serving the Rosemead community.
Re ec��6�
J on Bond
General Manager, Long Beach Hauling Division
Consolidated Disposal Service, LLC. d/b/a Republic Services
RFP No. 2022-28 Competition Sensitive Page 1
9M REPUBLIC'
SERVICES /
Sustainability in Action
City of Rosemead Best and Final Offer for
Integrated Solid Waste Handling Services
This page intentionally left blank.
RFP No. 2022-28 Competition Sensitive Page 2
REPUBLIC'
SERVICES /
Sustainability in Action"
Certificate of
Secretary
City of Rosemead Best and Final Offer for
Integrated Solid Waste Handling Services
CERTIFICATE OF SECRETARY
RELATING TO TIIE BESTAND FINAL OFFER (BAFO)
FOR INTEGRATED SOLID WASTE HANDLING SERVICES
FOR TIIE CITY OF ROSEM EAD
IN THESTATE OF CALIFORNIA
The undmigned. Secretary of CONSOLIDATED DISPOSAL SERVICE, LLC., a
Delaware limited liability eonryuny (the'Vompany"), hereby certifies that the folliming
is a true and correct copy of the resolution which was duly adopted by REPUBLIC
SERVICES, INC. a Delaware corporation. the sole member of the Company Uhc
-Mcmber'I by written consent of the hlcrnber on August 2-1, 2021, that such resolution
has nee been reschado . amended or modified in any respco, ad is in hall force and elTect
on the date hcrcof:
RESOLVED. that (i) any indnidual at the time holding the position of General
Manager or Arm Direciur, Fimncc; and in connection with emimnunenal solmims
transactions only, Geneal Manager, Division president: oe Division Vice President
Finance be, and each of them hereby is, appointed as an Authorized Abcm, to act in the
name and on behalf of the Company and to include the execution of related documena, in
connection with the day -today business activities of the Company, and further, that (it)
in addition to any me of the fmcgou g positions. any individual at the time holding she
pmition of Arm Director. Business Dcvelopmenr Area Director. Operations; Market
Vice Prestdcm: Vice President, Environmental Senices be, and each of then hereby is,
appointed as an Authorized Agent to execute any bid and proposal, and if awarded, any
related contract for seniccs to be perfonmed by the Company and any bond required by
such bid, proposal or mmrac6 all in accordance with the existing Ln elsmf Authority and
other relnam politics and procedures.
I further certify that JASON BOND holds the title of Ocricral Manager and in such
capacity has full authority to act in the mine and on behalf of the Cmipmy as set forth in
the foregoing resolution.
WITNESS MY HAND, this 20e day of April, 2023.
-- --LM- hIcKeon Secretary ---
RFP No. 2022-28 Competition Sensitive Page 3
�A� REPUBLIC' `'
J SERVICES / City of Rosemead Best and Final Offer for
V Integrated Solid Waste Handling Services
vr�,
Sustainability in Action
This page intentionally left blank.
RFP No. 2022-28 Competition Sensitive Page 4
ATTACHMENT A
REQUEST FOR BEST AND FINAL OFFER (BAFO)
1. Summary
2. Form K
3. a. Transition Plan
b. Customer Service Plan
c. Collection Service Operations Plan
d. Complete list of Processing and Disposal facilities
e. Sustainability and Compliance Plan
f. Outreach and Education Plan
g. Acceptable Recyclables Materials
eJi�REPUBLIC'
SERVICES /
Sustainability in Action
Attachment A -
Request for Best and
Final Offer (BAFO)
City of Rosemead Best and Final Offer for
Integrated Solid Waste Handling Services
1. Updated Summary of Proposed Services
Republic is Rosemead's trusted and valued long-term partner who has promised to maintain among the
lowest rates to customers throughout the San Gabriel Valley. With only 4 months remaining until the new
contract, Republic's incumbency guarantees a seamless implementation on the start date since all
personnel and operational systems are already in place. Our incumbency in Rosemead allows our focus to
be on new programs rather than the complex responsibilities of account set-up, routing, and systems
development. With such slight evaluation differences between us and the other proposer, we ask you to
please consider making an award to your trusted and proven solid waste partner of so many years. Thank
you for your time and consideration.
A. Carts and Bins
As stated in our original proposal submission, each residential customer will receive a brand-new
set of SB 1383 complaint carts by no later than August 1, 2023. Customers will also be able to select
35 -gallon or 64 -gallon carts as per the Agreement to best accommodate their volume needs.
Republic commits to providing all commercial customers with new recycling and organics containers
upon their collection program enrollment, and of course, upon customer request. All existing bins
for commercial/multi-family customers will be refurbished prior to contract commencement and
delivered to the customers as color compliant and affixed with SB 1383 required labels.
B. Collection Fleet
Republic's entire collection fleet will be 10 years of age or less at the commencement of the new
agreement. The oldest age of any vehicle used to service Rosemead customers is a 2016 model,
thus it will not reach 10 years of age until 2026.
RFP No. 2022-28 Competition Sensitive Page 5
�A� REPUBLIC'
SERVICES
Sustainability in Action
City of Rosemead Best and Final Offer for
Integrated Solid Waste Handling Services
C. Facilities
As stated in our original proposal submission, Republic uses two transfer stations for Rosemead's
collected MSW, recycling, and organics. Our East LA Transfer Station is only 7 miles from the City
of Rosemead and Bel -Art is 21 miles which is directly adjacent to our Long Beach Hauling Division.
Both transfer facilities receive MSW, recycling, and organics collected in Rosemead. Thus, ensuring
the lowest vehicle miles traveled as well as less wear and tear to city streets.
D. Kitchen Food Waste Pails
As stated in our original proposal submission, Republic will provide a kitchen pail to each single-
family property and each multi -family dwelling unit for the collection of food waste and transport to
their green -organics cart. Republic will purchase these pails and deliver them to each service
recipient.
E. Backyard Compost Bins
As stated in our original proposal submission, Republic will store, promote, and distribute up to 500
home compost bins per year to City of Rosemead residents. Republic will be purchasing and
distributing "Geobin Composters," which we have had much success supplying in other municipal
franchise areas.
F. Local Office
As stated in our original proposal submission, Republic will maintain its annual contribution to the
Rosemead Chamber of Commerce for maintaining a local office space presence, to which is frequently
visited by Rosemead customers on a daily basis. Our dedicated Recycling Coordinators and Route
Compliance Monitor shall maintain a physical presence for customer interactions, receive customer
payments, and facilitate the dissemination of educational materials. This ongoing contribution will
also provide necessary funding to the Rosemead Chamber of Commerce for helping to offset their
monthly costs of leasing the office space.
G. Rosemead Chamber of Commerce Membership
Republic Services has been a proud member of the Rosemead Chamber of Commerce for over 25
years, and two of our employees currently serve on its governing Board of Directors. In addition to
maintaining a local office space within the Chamber of Commerce, Republic will continue to maintain
its membership with the Chamber and serve as a sponsor to its many events.
RFP No. 2022-28 Competition Sensitive Page 6
�R� REPUBLIC'
ZV� SERVICES / v City of Rosemead Best and Final Offer for
Integrated Solid Waste Handling Services
r �i�
Sustainability in Action
H. Compost Giveaway Events
As stated in our original proposal submission, Republic will continue to host the current semi-
annual compost giveaways and paper shredding events. These events are highly popular and well
utilized by Rosemead residents. The compost giveaway events will assist the city in meeting its
SB 1383 recovered organics procurement target. The shred events will assist Rosemead residents
in safely disposing of sensitive paper documents, ensuring the protection of their identities.
Cit OF R-osrm.aA
Community Recycling Event
'-Saturday, April 23, 2122
4
6.,l II.T Drop Ott
0
[I(R.onk W»..
stsin�lt �,..ryp(
I. Quarterly Franchise Fee
As stated in the agreement, Republic agrees to pay the City of Rosemead a quarterly Franchise
Fee equal to ten percent (10%) of the Gross Revenue received by Republic Services from
Integrated Solid Waste Handling Services provided in the City. If the City of Rosemead wishes
and/or requests an increase above ten percent (10%) to the quarterly franchise fee, then this
Increased amount would need to be reflected in the overall customer -facing rates. The current
proposed rates submitted by Republic reflect the ten percent (10%) quarterly franchise fee
requirement of the gross revenue received by Republic.
I. Electric Vehicles
In the event of a future, and unexpected, change in law that requires Republic to purchase Electric
Vehicles (EV's) in advance of normal vehicle replacement schedules, we agree to negotiate in good
faith with the City of Rosemead to provide such equipment and ensure that the expense of such
capital investments are accounted for in the annual costs for providing Integrated Solid Waste
Management Services to the city.
RFP No. 2022-28 Competition Sensitive Page 7
�R� REPUBLIC'R Q
SERVICES
.t M�Ly
Sustainability in Action
City of Rosemead Best and Final Offer for
Integrated Solid Waste Handling Services
K. Good Corporate Citizenship Programs
As stated in our original proposal submission, Republic Services has proposed the following good
corporate citizenship programs and enhancements in addition to the ones previously outlined above:
• Source separated collection services (MSW, recycling, and commingled organics) at all
City sponsored events
• Dedicated Compliance Monitor/Contamination Auditor to conduct SB 1383 required
contamination monitoring, route reviews, and waste evaluations
• Observed Holiday Schedule: the City of Rosemead observes eight total holidays per year.
Republic will continue to provide uninterrupted collection services on President's Day and
Veteran's Day.
• "Serve Rosemead," Volunteer Projects: Republic, and its local management team, will
commit to volunteering for a minimum of one "Serve Rosemead," landscaping, clean-up, or
beautification projects throughout each calendar year of the contract term.
• Annual Dumpster Day: Republic will commit to hosting an annual, "Dumpster Day," on a
day selected in collaboration with the city.
Recyclist Software Tracker: Republic will continue to utilize Recyclist and provide
accessibility of its program tracker and dashboard to the city for all SB 1383 compliance and
reporting purposes.
Annual Christmas Tree Reminders: Republic will mail and distribute tree collection
reminders to every residential customer during the week prior to December 26th of each year
of the contract term.
• Annual Student Scholarship Program: Republic will continue to administer and provide
annual scholarships of $1,000 each. These scholarships will be awarded to five Rosemead
high school seniors who are college bound.
• Quality of Life Clean-up Events: At these events, the Republic team provides clean-up
activities and disposal of accumulated waste at locations selected by the city.
Environmental Ambassador Program: Republic Services will work with the City of
Rosemead and the Rosemead Chamber of Commerce to recognize local businesses that are
environmentally friendly and are excellent participators in the new source separated collection
programs.
$20,000 public outreach fund for sponsorships and charitable giving to organizations like
the Rosemead Chamber of Commerce.
RFP No. 2022-28 Competition Sensitive Page 8
REPUBLIC
J_1i SERVICES
Va
Sustainability in Action
V=-.
Form K
Customer Rates
As previously stated, Republic Services is the City of Rosemead's trusted and valued long-term
partner who has promised to maintain among the lowest rates to customers throughout the
San Gabriel Valley. Even through this latest RFP process, our proposed pricing has been
evaluated as the second lowest of all proposers and only $1.06 in difference per month for
residential ratepayers compared to the proposer with the lowest submitted pricing.
During the City Council meeting held on April 11, 2023, much discussion was had on the
commercial and multi -family rates especially the 3 CY trash bin for the base co -mingled service.
It is important to note that Republic's proposed pricing for the 3CY trash bin for base co -
mingled service is in fact less than the current rates for all three services as part of our existing
agreement.
The following rate summary provides an accurate comparison between today's rates and our
proposed rates for this RFP:
SB 1383
Service
3 Cubic Yard
Recycle
Organics
City
Hauler
Total
Compliant
Frequency
MSW
Cart
Cart
Rosemead
(CURRENT)
Republic Services
Yes
1 x week
$ 217.71
$ 55.44
$ 69.30
$ 342.45
Rosemead
(PROPOSED)
Republic Services
Yes
1 x week
$ 270.00
Included
Included
$ 270.00
Monthly
$ (72.45)
Difference
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Option 2
Proposer's Name:
Republic Services
Form K, Tab A: Single -Family Dwelling Maximum Service Rates
Rate Schedule Effective 8/1/2023 (10 -Year Term)
Service Descriptions
Billing Frequency
Proposed Bundled Rate
Standard Single -Family Automated Cart Service
(96 -Gallon Trash, 96 -Gallon Recycling, 96 -Gallon Organic
Waste
per month
$24.93
64 -Gallon Single -Family Automated Cart Service
(64 -Gallon Trash, 96 -Gallon Recycling, 96 -Gallon Organic
Waste
per month
$24.93
32 -Gallon Single -Family Automated Cart Service
(32 -Gallon Trash, 96 -Gallon Recycling, 96-Gal/on Organic
Waste
per month
$24.42
Additional Trash Cart
each cart
$7.27
Additional Recycling Cart
each cart
$7.27
Additional Organic Waste Cart
each cart
$7.27
Restart of Service (Auto -Resume Fee)
per occurrence
$22.18
Cart Delivery
per occurrence
$0.00
Cart Removal
per occurrence
$0.00
Cart Exchange
per occurrence
$25.00
Residential Cart Replacement Fee
per occurrence
$60.00
Recycle and Organics Contamination
per occurrence
$25.00
Extra pickup
per occurrence
$37.56
Extra Bulky pickup
per item
$35.00
Walk out Rate
per month
$35.00
Revised Form K TAB A SFD Rates
Option 2
Proposers Name:
Republic Services
Form
K, Tab B: Multi -Family Dwelling Maximum Service Rates
Rate Schedule Effective 81112023 (10 -Year Term)
Mufti -Family Trash (Note: Proposed bundled rates include 96 -Gallon Recycling and 32 -Gallon Organic Waste)
Service Descriptions
t/week
2/week
Collection Frequency
3/week 4/week
6/week
6/week
32 -Gallon Cart
$181.57
$326.83
NIA
NIA
NIA
N/A
64 -Gallon Cart
$181.57
$328.83
N/A
NIA
NIA
NIA
96-Ga11on Carl
$181.57
5326.83
N/A
NIA
NIA
NIA
111.5 CY Bin
$201.92
$345.29
5466.14
$587.34
$722.42
$830.79
2 CY Bin
$220.00
$398.20
$537.57
$6]].34
$833.13
$958.09
3 CY Bin
$284.94
$450.48
5811.39
$780.87
$964.79
$1,106.11
4 CY Bin
$379.90
$551.6.
$770.08
$848.85
$1,169.59
51,345.00
6 CY Bin
5608.34
5903.40
$1,211.62
$1,508.35
$1,868.04
$2,148.19
Multi -Family Dwelling Recycling
32 -Gallon Can
$58.73
$106.31
NIA
NIA
NIA
NIA
64- Tallon Can
$58.73
$106.31
N/A
NIA
N/A
NIA
96 -Gallon Cert
$58.73
$106.31
NIA
NIA
NIA
NIA
111.5 CY Bin
5126.37
$216.09
5291.73
$367.57
$452.12
$619.83
2 CY Bin
$180.1
$290.34
$391.96
$493.87
$607.46
$688.58
3 CY Bin
$220.40
$354.85
11479.04
$603.59
$742.42
$853.78
4 CY Bin
$260.48
$425.82
55]4.85
572..31
$880.90
$1,024.50
6 CY Bin
$317.38
$510.98
5689.82
$868.17
51,069.08
$1,229.45
Multi -Family Organic Waste (Green Waste and Food Waste)
32 -Gallon Can
$35.00
$70.00
NIA
NIA
NIA
NIA
6LGallon Can
570.00
$10.00
NIA
NIA
NIA
NIA
964a11on Cart
NIA
WA
NIA
NIA
NIA
NIA
1 / 1.5 CY Bin
$202.00
$342.73
$484.59
NIA
NIA
NIA
2 CY Bin
$202.00
$342.73
$484.59
NIA
NIA
NIA
Mufti -Family Dwelling Yard Waste Only
(if applicable)
32 -Gallon Cat
$35.00
$70.00
NIA
NIA
NIA
NIA
64Gellon Cart
$70.00
$140.00
NIA
NIA
NIA
NIA
96-Gellon Cart
NIA
NIA
NIA
NIA
NIA
NIA
111.5 CY Bin
$202.00
5342.73
5480.59
NIA
NIA
NIA
2 CY Bin
$202.0
5342.73
$,184.59
NIA
NIA
NIA
3 CY Bid
$242.00
$389.62
$553.26
NIA
NIA
NIA
4 CY Bin
$282.00
5482.22
$884.]5
NIA
NIA
NIA
6 CY Bin
5323.00
its'. 62
5781.88
NIA
NIA
NIA
Multi -Family Dwelling Food Waste Only
(if applicable)
32 -Gallon Cart
$UeD
$70.00
NIA
NIA
NIA
NIA
64Gallon Can
$70.OD
$140.00
N/A
WA
NIA
NIA
96Gallon Can
NIA
NIA
NIA
NIA
NIA
NIA
111.5 CY Bin
$202.00
$342.73
$484.59
WA
NIA
NIA
2 CY Bin
$202.0
$342.73
$484.59
NIA
WA
NIA
Mufti -Family Dwelling Other/ Additional Services
(insert additional service or containers w8raquency Per Goatnenc,
(InsenaddlOonaimMceorcoMinamw"usneyp.,O .me, I
$0.00
so.OD
Revised Form K TAB B MFD Rates
Option 2
Preparer's Name:
Republic Services
Form K, Tab B: Multi -Family Dwelling Maximum Service Rates
Rate Schedule Effective 8/112023 (15 -Year Term)
Multi -Family Trash (Note: Proposed bundled rates include 96 -Gallon Recycling and 32 -Gallon Organic Waste)
Service Descriptions
i/week
2/week
Collection Frequency
3lweek 4/week
6hveek
6/week
32 -Gallon Cart
$181.57
$326.83
NIA
N/A
NIA
N/A
64 -Gallon Cart
$161.57
$326.83
NIA
N/A
N/A
NIA
96 allon Cart
$181.57
$326.83
NIA
NIA
NIA
N/A
1/1.5 CY Bin
$201.92
$3/5.29
5486.14
$587.6
$722.42
$830.19
2 CY Bin
$2211.00
$398.20
$537.57
$677.36
$833.13
$958.09
3 CY Bin
$284.96
5458.48
$617.39
$780.87
$964.79
$1,105.11
4 CY Bin
$379.90
$551.88
$770.08
$946.65
$1,169.59
$1,345.00
6 CY Bin
$608.36
$903.40
$1,211.62
111,508.35
$1,868.04
$2,148.19
Multi -Family Dwelling Recycling
32Gallon Cart
$58.73
$106.31
NIA
NIA
NIA
NIA
6 allon Cart
$58.73
$106.31
N/A
NIA
NIA
NIA
96fall0n Cart
$58.73
$106.31
N/A
N/A
N/A
WA
111.5 CY Bin
$126.37
$216.09
$291.73
$367.51
$452.12
$519.93
2 CY Bin
$160.41
$290.34
5391.96
$493.87
$607.06
$698.58
3 CY Bin
$220.40
$354.85
$419.04
$603.59
$74242
$853.78
4 CY Bin
3286.48
$625.a2
$574.85
1)24.31
$890.90
$1,02/.54
6 CY Bin
5311.36
$510.99
5689.82
5869.17
$1,069.08
51,229.45
Multi -Family Organic Waste (Green Waste and Food Waste)
32 -Gallon Cart
135.00
$70.00
NIA
WA
N/A
NIA
86 -Gallon Cart
$70.00
$140.00
NIA
N/A
NIA
NIA
96fallon Cart
NIA
NIA
NIA
NIA
NIA
N/A
1/1.5 CY Bin
$202.00
$342.73
$484.59
WA
NIA
NIA
2 CY Bin
$202.00
$342.73
$464.59
NIA
NIA
NIA
Multi -Family Dwelling Yard Waste Only
(if applicable)
32 -Gallon Cart
$35.00
$70.00
NIA
N/A
N/A
NIA
61 -Gallon Cart
$70.00
$140.00
WA
NIA
NIA
N/A
96 -Gallon Cart
NIA
N/A
NIA
N/A
N/A
N/A
111.5 CY Bin
$M2.W
534273
$484.59
NIA
N/A
NIA
2 CY Bin
$M2.W
$342.73
$484.59
NIA
N/A
NIA
3 CY Bin
$U2.W
$389.62
$553.26
NIA
NIA
NIA
4 CY Bin
$282.00
$482.22
5884.75
NIA
N/A
NIA
6 CY Bin
$322.0
$550.82
5781.88
NIA
NIA
N/A
Mutt) -Family Dwelling Food Waste Only
(if applicable)
32 -Gallon Cart
$35.00
370.0)
NIA
N/A
NIA
NIA
64 -Gallon Cart
370.00
$140.00
N/A
NIA
N/A
N/A
96 -Gallon Cart
N/A
N/A
N/A
N/A
N/A
N/A
111.5 CY Bin
$W2.W
$342.73
S0ad.59
N/A
NIA
N/A
2 CY Bin
$202.00
5302.73
$090.59
NIA
NIA
NIA
Multi -Family Dwelling Other / Additional Services
(Insert additional service or containers wttrequency Per Occurrence
(Insert additional service or containers wttrequency Per Occurrence
sew
Sa.W
Revised Fane K TAB B MRD Rates
Option 2
P.Pess. sName:
Republic Services
Form K, Tab C: Commercial Maximum Service Rates
Rate Schedule Effective 8/112023 (10 -Year Term)
Commercial Trash (Note: Proposed
bundled rates include 96 -Gallon Recycling and 32 -Gallon Organic Waste)
Service Descriptions
IM,eek
2lweek
Collection Frequency
3tweek Mel
&.ask
6/week
3243ellon Can
S181.A
M."
WA
WA
WA
WA
64Gallon Can
$111.51
$328.83
WA
WA
WA
WA
96 -Gallon Grt
5181.51
632833
WA
WA
WA
WA
111.5 CY Bin
8201.92
5365.29
$411.14
3587.34
$72262
$830.79
2 CY Bin
8220.00
$see.n
$537.57
"77.34
3833.13
8958.09
3 CY Bin
12$4.64
sass"
8117.39
8780.81
8928]9
81,105.11
a CY Bin
8379.90
$551.88
ST70.011
$916.85
81,169.59
$1,365.110
S CY Bin
6698.34
$903."
$1,211.82
1 $1,50835
$1,868.06
$2,168.19
Commercial Trash for Oral Waste Exemof Customers (Note: Proposed bundled rates Include 96 -Gallon Recycling and no Organic We
32Gellon Cart
81".57
$285.29
WA
WA
WA
WA
64GeIl.n Cart
3144.57
$265.28
WA
WA
WA
WA
964allen Cart
$1".57
$265.29
WA
WA
WA
WA
111.5 CY BN
$168.92
52MA4
Isl
$415.53
5641.20
5886.18
2 CY Bin
$186.00
$334.85
1452.05
$569.58
5700.68
3805.87
3CYBin
8349.98
3402"
1543.34
$684."
$841.91
$968.20
4 CY Bin
$128.90
8551.68
170.70
9944.64
$1,161.91
$1,336.19
6 CY Bin
S573.34
$903."
$1,211.62
51,60835
$1,868.06
$2,148.19
Commercial Recycling
32Gallon Cart
$58.73
9106.31
WA
WA
WA
WA
66GWlon Can
$58.73
$106.31
WA
WA
WA
WA
96Gallon Grt
858.73
$106.31
WA
NIA
WA
WA
111.5 CY Bin
$126.37
8216.09
9291.73
9361.57
$452.12
$519.93
2 CY Bin
$160,41
$290.34
$491.96
$493.87
$607.46
$690.50
3 CY Bin
$220."
$384.85
4419.04
$603.59
$142.42
$853.78
4 CY Bin
$284."
3425.82
8614.85
$724.31
5890.90
81,028.66
6 CY Bin
$317.38
$510.98
$4Ba02
$889.17
$1,069.08
$1,229."
Commercial Organic Waste (Green Waste and Food Waste)
32G.R.n Cart
$35.00
970.00
WA
WA
WA
WA
64 G.R.n Cart
970.00
S1"bo
WA
WA
WA
WA
96Gallon can
WA
WA
NIA
WA
WA
WA
111.5 CY Bin
920200
934273
$494.59
WA
f8A
WA
2 C Bin
$202.00
934213
1184.59
WA
WA
WA
Commercial Yard Waste Only lit applicable)
324ellon Grt
135.00
110.00
WA
WA
WA
Was
64 Ilon Cart
$70.00
$110."
WA
WA
WA
WA
96 -Gallen Grt
WA
WA
WA
WA
WA
Was
111.5 CY Bin
$202.00
$34273
$484."
WA
WA
WA
2 C Bin
$202.00
5342.73
$684.59
WA
WA
WA
3 C Bin
12".00
9388.82
3853.25
WA
WA
WA
4 C Bin
$212.00
9"2.22
lil
WA
WA
WA
6 C Bin
$322.00
$550.62
$781.18
WA
WA
WA
Commercial Food Waste Only (if applicable)
32 -Gallon Can
$35.00
$10.00
NIA
WA
NIA
WA
Gt llon Grt
$10.00
914.00
NIA
WA
WA
WA
96Ga1bn Cad
NIA
WA
WA
WA
WA
NIA
111.5 CY Bin
1202.00
6362.73
5181.69
WA
WA
NIA
2 CY M.
1202.00
$342.73
5"4.0
WA
WA
NIP
Commercial Other / Additional Services
Revised Form N TAB C Ummerdal Bates
Option 2
11 insert ed Moral service or contain: wihequenc» Pero umnceso.
)Inviert eddibonal z.,o or coMein.. wMhoqueno,) Per 0-...sO 00
(inserteddidonel service or coM inem wldequency) Per Oca.. 1 60.00
Revised Form N TAB C Commerdal Bites
Option 2
Propose, Name:
Republic SerWces
Form K, Tab C: Commercial Maximum Service Rates
Rate Schedule Effective 81112023 (15 -Year Term)
Commercial Trash (Nota: Proposed bundled rates include 96 -Gallon Recycling and 32 -Gallon Organic Waste)
Service Descriptions
IM"k
2/week
Collection Frequency
3&eak AAYeek
51week
6/wee1,
32Gelon Carl
5181.52
8325.83
WA
WA
WA
WA
64gallon Can
$181.62
926.83
WA
WA
WA
WA
83 -Gallon Can
5181.52
8326.83
WA
WA
WA
WA
1111 CY Bin
$201.92
1,34539
5490.14
5582.36
Si
$830.29
2 CY Bin
5226.00
1,39830
5532.52
469.83
5833.13
$950.09
3 CY Bin
1,264.34
5468.49
561219
$250.82
$964.79
$1,105.11
4 CY Bin
$329.90
$551.68
5220.08
$946.65
$1,169.59
$1,345.00
6 CY Bin
$608.36 1
590].60 1
$1,211.62
$1,508.35
$1,868.04
$2,149.19
Commercial Trash for Organic Waste Fxemgt Customers (Note: Proposed bundled rates include 964allon Recycling and no Organic We
32Gallon Cad
$146.52
111
WA
WA
WA
NIA
64t9a11on Can
$146.52
$265.29
Was,
WA
WA
WA
96Gallon Cart
$146.52
5265.29
WA
WA
WA
WA
1111 CY Bin
$166.82
5285."
5]85.36
8385.9
5592.20
$686.28
2 CY Bin
$185.00
$33616
5652.05
1,959.58
900.58
$805.67
3 CY Bin
Sus."
5402.40
1,343.34
$684,"
1,841.91
$968.20
4 CY Bin
51
$551.69
$269.70
S"4,"
$1,161.91
i1,383.19
6 CY Bin
51 1
"03."
$1,211.62
5y526.35
51,868.04
52,10.18
Commercial Recycling
32 -Gallon Cart
$58.23
$106.31
WA
WA
WA
NIA
64G911on Cad
59.73
5106.31
WA
WA
WA
WA
96 -Gallon Cad
$58.73
3109.31
WA
WA
WA
WA
111.5 CY Bin
$12612
$218.09
$291.73
$367.57
S"2.12
019.93
2 CY Bin
$180.41
9M.M
$391.96
3493.97
5092.45
$699.58
3 CY Bin
$220.40
"sa.a5
5429.04
3826.59
$262.42
$853.78
4CYBin
1,266."
5125.82
$57Aa5
926.31
SBM."
$1,02414
6 CY Bin
$317.38
1,610.98
$689.82
1,869.17
51,089.26
$1,229.45
Commercial Organic Waste (Green Waste and Food Waste)
32 -Gallon Cart
$35.00
1,70.00
WA
WA
WA
NIA
"Gallon Cad
$20.00
$140.00
WA
WA
WA
NIA
96 -Gallon tad
WA
WA
WA
WA
WA
WA
111.6 CY Bin
$202.00
5342.23
1,634.69
WA
WA
WA
2 LY Bin
520200
5362.13
5184.83
WA
WA
NIA
Commercial Yard Waste Only (if aoolicablel
32 -Gallon Cad
1,35.26
90.00
WA
WA
WA
NIA
64Gallon Cart
90.0
$11010
WA
WA
WA
WA
915 -Gallon Cart
WA
WA
WA
WA
WA
NIA
111.6 CY Bin
520210
$34273
1,"6.59
WA
WA
NIA
2 CY Bin
5202.26
$362.2]
5"4.59
WA
MA
NIA
3 CY Bin
SN2.00
5389.62
$59.26
NIA
MA
WA
4 C Bin
5282.00
S"222
$681.76
WA
WA
WA
B CY Bin
$32200
3550.62
$281.83
WA
WA
NIA
Commercial Food Waste Only (if applicable)
314allon Cart
$35.00
$70.00
WAWA
WA
WA
64-GallonGrt
$10.00
$146.26g
WA
WA
WA
G
96allon Cart
WA
WA
WA
WA
WA
1111 CY Bid
$202.00
534223
WA
WA
WA
2CY Bin
$202.00
534223
WA
NIA
WA
Commercial Other I Additional Services
Revised Form K TAB C commercial Rates
Option 2
(inserc.aai0vna seame or oonhm.rs wmeQeemy( ver occumnce 50.00
(Inserleddldomis mimorconf im wdmyuency) Per0 drrence 50.00
(insertaddNenal servke or condlners wllrtquency)Per Xcumnce 50.00
Revised Form K TAB CCommerci.l Whs
Option 2
Proposer's Name:
Republic Services
Form K, Tab D: Additional Services Maximum Service Rates
Rate Schedule Effective 8/1/2023 (10 -Year Term)
Other Services
Service Descriptions
Frequency
Proposed Rate
Locking Bin, Lock on Gate
monthly
$9.75
Trip Charge/Dry Run
Per Occurrence
$115.00
Restart of Service (auto resume fee)
Per Occurrence
$25.00
Setup Fee
Per Occurrence
$0.00
Delivery Charge
Per Occurrence
$75.00
Delivery Charge Commercial Carts
Per Occurrence
$25.00
Removal
Per Occurrence
$75.00
Exchange Fee
Per Occurrence
$75.00
Stinger / Scout Service fee
Per Occurrence
$15.00
Recycling Contamination Fee
Per Occurrence
$63.00
Overage Fee
Per Occurrence
$45.00
Commercial Manure Collection (64 gallon Cart)
weekly
NIA
Commercial Manure Collection (2 CY Bin)
weekly
N/A
Emergency Services (Section 20.01)
Per Occurrence
$207.00
Extra Yards
Per Occurrence
$47.73
Organics Contamination
Per Occurrence
$80.00
Commercial Bulky
Per Item - Max 2
$42.00
Push Rate (Monthly)
Push Rate - 25 feet
1 pickup I week
$12.00
Push Rate - 25 feet
2 pickups / week
$24.00
Push Rate - 25 feet
3 pickups /week
$36.00
Push Rate - 25 feet
4 pickups / week
$48.00
Push Rate - 25 feet
5 pickups /week
$60.00
Push Rate - 25 feet
6 pickups / week
$72.00
Revised Form K TAB D Additional Rates
Option 2
Push Rate - 50 feet
1 pickup/ week
$18.00
Push Rate - 50 feet
2 pickups / week
$36.00
Push Rate - 50 feet
3 pickups / week
$54.00
Push Rate - 50 feet
4 pickups / week
$72.00
Push Rate - 50 feet
5 pickups / week
$90.00
Push Rate - 50 feet
6 pickups / week
$108.00
Push Rate - 75 feet
1 pickup/ week
$24.00
Push Rate - 75 feet
2 pickups / week
$48.00
Push Rate - 75 feet
3 pickups / week
$72.00
Push Rate - 75 feet
4 pickups / week
$96.00
Push Rate - 75 feet
5 pickups / week
$120.00
Push Rate - 75 feet
6 pickups / week
$144.00
Push Rate - 100 feet
1 pickup / week
$30.00
Push Rate - 100 feet
2 pickups / week
$60.00
Push Rate - 100 feet
3 pickups / week
$90.00
Push Rate - 100 feet
4 pickups I week
$120.00
Push Rate - 100 feet
5 pickups /week
$150.00
Push Rate - 100 feet
6 pickups I week
$180.00
Roll -off Pull Rates
(Roll -off Containers billed on a per pull plus process or disposal rate)
10 Cubic Yard Container per pull
Per Pull
$969.31
20 Cubic Yard Container per pull
Per Pull
$1,045.07
30 Cubic Yard Container per pull
Per Pull
$1,045.07
40 Cubic Yard Container per pull
Per Pull
$1,045.07
Street Sweeping Services
Option 3: No Changes to Current Schedule
Proposed Hours
Per Year
$0.00
Proposed Miles
Per Year
$0.00
Annual Cost Proposal
Per Year
$329,070.00
Curb Mile Rate
Per Mile
$0.00
Revised Form K TAB D Additional Rates
Option 2
Street Sweeping Other / Additional Services
Roll off extra tonnage - over 7 tons
Per Occurrence
$104.17
Compactor - max 9 tons
Per Occurrence
$1,296.49
3 Yd Temp
Per Occurrence
$248.00
Revised Form K TAB D Additional Rates
Option 2
Proposer's Name:
Republic Services
Form K, Tab D: Additional Services Maximum Service Rates
Rate Schedule Effective 8/1/2023 (15 -Year Term)
Other Services
Service Descriptions
Frequency
Proposed Rate
Locking Bin, Lock on Gate
monthly
$9.75
Trip Charge/Dry Run
Per Occurrence
$115.00
Restart of Service (auto resume fee)
Per Occurrence
$25.00
Setup Fee
Per Occurrence
$0.00
Delivery Charge
Per Occurrence
$75.00
Delivery Charge Commercial Carts
Per Occurrence
$25.00
Removal
Per Occurrence
$75.00
Exchange Fee
Per Occurrence
$75.00
Stinger I Scout Service fee
Per Occurrence
$15.00
Recycling Contamination Fee
Per Occurrence
$63.00
Overage Fee
Per Occurrence
$45.00
Commercial Manure Collection (64 gallon Cart)
weekly
N/A
Commercial Manure Collection (2 CY Bin)
weekly
N/A
Emergency Services (Section 20.01)
Per Occurrence
$207.00
Extra Yards
Per Occurrence
$47.73
Cleaning/exchange above 1 per year
Per Occurrence
$80.00
Commercial Bulky
Per Item - Max 2
$42.00
Push Rate (Monthly)
Push Rate - 25 feet
1 pickup / week
$12.00
Push Rate - 25 feet
2 pickups / week
$24.00
Push Rate - 25 feet
3 pickups / week
$36.00
Push Rate - 25 feet
4 pickups / week
$48.00
Push Rate - 25 feet
5 pickups / week
$60.00
Push Rate - 25 feet
6 pickups / week
$72.00
Revised Form K TAB D Additional Rates
Option 2
Push Rate - 50 feet
1 pickup/ week
$18.00
Push Rate - 50 feet
2 pickups / week
$36.00
Push Rate - 50 feet
3 pickups / week
$54.00
Push Rate - 50 feet
4 pickups / week
$72.00
Push Rate - 50 feet
5 pickups / week
$90.00
Push Rate - 50 feet
6 pickups / week
$108.00
Push Rate - 75 feet
1 pickup / week
$24.00
Push Rate - 75 feet
2 pickups / week
$48.00
Push Rate - 75 feet
3 pickups / week
$72.00
Push Rate - 75 feet
4 pickups / week
$96.00
Push Rate - 75 feet
5 pickups / week
$120.00
Push Rate - 75 feet
6 pickups / week
$144.00
Push Rate - 100 feet
1 pickup / week
$30.00
Push Rate - 100 feet
2 pickups / week
$60.00
Push Rate - 100 feet
3 pickups / week
$90.00
Push Rate - 100 feet
4 pickups / week
$120.00
Push Rate - 100 feet
5 pickups / week
$150.00
Push Rate - 100 feet
6 pickups / week
$180.00
Roll -off Pull Rates
(Roll -off Containers billed on a per pull plus process or disposal rate)
10 Cubic Yard Container per pull
Per Pull
$969.31
20 Cubic Yard Container per pull
Per Pull
$1,045.07
30 Cubic Yard Container per pull
Per Pull
$1,045.07
40 Cubic Yard Container per pull
Per Pull
$1,045.07
Street Sweeping Services
Option 3: No Changes to Current Schedule
Proposed Hours
Per Year
$0.00
Proposed Miles
Per Year
$0.00
Annual Cost Proposal
Per Year
$329,070.00
Curb Mile Rate
Per Mile
$0.00
Revised Form K TAB D Additional Rates
Option 2
Street Sweeping Other / Additional Services
Roll off extra tonnage - over 7 tons
Per Occurrence
$104.17
Compactor - max 9 tons
Per Occurrence
$1,296.49
3 Yd Temp
Per Occurrence
$248.00
Revised Form K TAB D Additional Rates
Option 2
Proposer's Name:
Republic Services
Form K, Tab E: Start Up Capital Costs (10•Year Term)
Startup Capital Expenses
Capital Expense Description
Residential
Numher Each Pdce/Unit
Commercial
Number Each PricaNnk
Rall Off
Number Each PdceNnH
From End Loader
- $0.00
- 50.110
- $0.00
Automated Site Loader
- $0.00
- $O.w
- $O.OD
RoOcff Tmcs
- $0.o0
- so.00
- $0.00
Scout Tmc,
- $0.00
- sooD
- $D.00
Replace all Residential Cam and purchase SB1383
cans and bins
1.00 $2,066,000.00
1.00 $152,000.00
- $0.00
32 -Gallon Cart
See above $0.00
Sae above $0.00
- $O.00
64-Gellon Cart
See above $0.00
See above $0.00
- 50.00
9e -Gallon Can
See above $11.66
See above $0.00
- $0.00
1 CY Bin
- $0.00
- $O.OD
- $D.10
1.5 CY BF
- $0.o0
- $0.1111
- $0.00
2 CY Bin
- $0.66
- $0.00
- $0.00
3CYBin
- $O.N
- $0.00
- $0.00
4 CY Bin
- $0.01
- $D.00
- $0.00
o CY Bin
- $0.00
- $DAO
- $0.o0
10 CY RollOF!-
$1.00
- $0.00
- $D.OD
20 CY Roll -00
- sow
- $0.00
- $0.00
30CY Roll R
- $0.00
- Si
- $0.00
40 CY Ro&CO
- $0.66
- ".so
- $0.00
Other Capital Expenses
Expense Description
Residential
Number Each Price/Unit
Commercial
Number Each Price/Unit
Roll Off
Number Each Price/Unit
OMar(Describe).
- $0.01
- $11.00
- $0.00
Other(Desaibe)'.
- $0.00
- $D.00
- $0.00
Tote) Anticipated Sunup Capital Costs
- $0.00
- N.N
- $0.00
Reviz d Form K TAB E 5ort up capttal Costs
Option 2
Pmposer'a Name:
Form K, Tab E: Start Up Capital Costs (15 -Year Term)
Startup Capital Expenses
Capital Expense Description
Residential
Number Each PdceNnk
Commercial
Number Each Pdce/Untt
Roll Off
Number Each Price/Untt
From End Loader
- $0.00
- $O.w
- si
Automated Side Loader
- $0.00
- $0.00
- $0.00
ROTI-offTfuck
- also
- $Q.w
- $0.00
Smut True,
- $0.01)
- $0.00
- $0.00
Replan all Rasidenoal Cans and purchase SWI 383
cane and bins
1.00 2,086,000.00
1.00 152,000.00
- $0.00
32 -Gaon Cart
See above $0A0
See above $0.00
- $0.00
8 Gallon Can
See be. $0.00
See above $0.00
- $0.00
95 -Gallon Can
See above $0.00
See above 50.00
- $0.00
I CY Bin
- $0.00
- $0.00
- $0.00
1.5CYah
- $0.00
- $0.00
- so.00
2 CY Bin
- $0.00
- so.00
- $0.00
3 CY Bin
- $0.00
- s0.00
- $0.00
4 CY Bin
- $0.o0
- $0.00
- $0.00
S CY Bin
- 50.00
- $0.00
- sa.00
10 CY RolI-0
- $0.00
- $0.o0
- $0.00
20 CY Roli-0
- $0.00
- $0.M
- 50.00
30 CY R011 -D$
- $0.00
- $0.00
- so.00
40 CY Rai
- $0.00
- so.o0
Other Capital Expenses
Expense Description
Residential
Number Each I Price/UnH
Commercial
Number Each Price/Unit
Roll Off
Number Each Price/Unit
ONer(Descrbe):
- $0.00
- $0.00
- $0.00
Cther(Dascdbe):
- $0.00
- $am
- $D.00
Total Andapated Startup Capital Costs
- $0.00
- si
- $0.00
Revised Form K TAB E Start up daphal costs
Option 2
Proposer's Name:
Republic Services
Form K, Tab F: Proposal Service Alternatives and Agreement Exceptions
Rate Schedule Effective 81112023 (10 -Year Term)
Service Alternatives
Service Alternative Description
Frequency
Proposed Rate
(insert additional service)
Each Occurrence
$0.00
(insert additional service)
Each Occurrence
$0.00
(insert additional service)
Each Occurrence
$0.00
(insert additional service)
Each Occurrence
$0.00
(insert additional service)
Each Occurrence
$0.00
(Insert additional service)
Each Occurrence
$0.00
(insert additional service)
Each Occurrence
$0.00
(Insert additional service)
Each Occurrence
$0.00
(Insert additional service)
Each Occurrence
$0.00
(insert additional service)
Each Occurrence
$0.00
Agreement Exceptions
Agreement Exception Description
Frequency
Proposed Rate
(insert exception and how the proposed Maximum Service Rates would be affected
Each Occurrence
$0.00
(insert exception and how the proposed Maximum Service Rates would be affected
Each Occurrence
$0.00
(insert exception and how the proposed Maximum Service Rates would be affected
Each Occurrence
$0.00
(insert exception and how the proposed Maximum Service Rates would be affected
Each Occurrence
$0.00
(Insert exception and how the proposed Maximum Service Rates would be affected
Each Occurrence
$0.00
(insert exception and how the proposed Maximum Service Rates would be affected
Each Occurrence
$0.00
(insert exception and how the proposed Maximum Service Rates would be affected
Each Occurrence
$0.00
(insert exception and how the proposed Maximum Service Rates would be affected
Each Occurrence
$0.00
(insert exception and how the proposed Maximum Service Rates would be affected
Each Occurrence
$0.00
(Insert exception and how the proposed Maximum Service Rates would be affected
Each Occurrence
$0.00
Revised Form K TAB F Service Alternatives
Option 2
Proposer's Name:
Republic Services
Form K, Tab F: Proposal Service Alternatives and Agreement Exceptions
Rate Schedule Effective 8/1/2023 (15 -Year Term)
Service Alternatives
Service Alternative Description
Frequency
Proposed Rate
(insert additional service)
Each Occurrence
$0.00
(insert additional service)
Each Occurrence
$0.00
(insert additional service)
Each Occurrence
$0.00
(insert additional service)
Each Occurrence
$0.00
(insert additional service)
Each Occurrence
$0.00
(Insert additional service)
Each Occurrence
$0.00
(Insert additional service)
Each Occurrence
$0.00
(insert additional service)
Each Occurrence
$0.00
(insert additional service)
Each Occurrence
$0.00
(insert additional service)
Each Occurrence
$0.00
Agreement Exceptions
Agreement Exception Description
Frequency
Proposed Rate
(insert exception and how the proposed Maximum Service Rates would be affected
Each Occurrence
$0.00
(insert exception and how the proposed Maximum Service Rates would be affected
Each Occurrence
$0.00
(insert exception and how the proposed Maximum Service Rates would be affected
Each Occurrence
$0.00
(insert exception and how the proposed Maximum Service Rates would be affected
Each Occurrence
$0.00
(insert exception and how the proposed Maximum Service Rates would be affected
Each Occurrence
$0.00
(insert exception and how the proposed Maximum Service Rates would be affected
Each Occurrence
$0.00
(insert exception and how the proposed Maximum Service Rates would be affected
Each Occurrence
$0.00
(insert exception and how the proposed Maximum Service Rates would be affected
Each Occurrence
$0.00
(Insert exception and how the proposed Maximum Service Rates would be affected
Each Occurrence
$0.00
(insert exception and how the proposed Maximum Service Rates would be affected
Each Occurrence
$0.00
Revised Form K TAB F Service Alternatives
ATTACHMENT B
REPUBLICS PROPOSED AGREEMENT EXCEPTIONS AND DISCUSSION ITEMS
1.-4. Exceptions and Discussion
ATTACHMENT B
REPUBLIC'S PROPOSED AGREEMENT EXCEPTIONS AND DISCUSSION ITEMS
1. Draft Agreement Section 18.03 Collection Vehicles: Page 63, lines 2242-2243.
a. Republic's proposed Agreement language revisions:.." may not use any Collection Vehicle that is
more ten (10) fifteen (15) years all during the term of the Agreement"
b. City's Response: Exception accepted.
c. Repuboes Response: Resolved.
2. Draft Agreement Section 18.04 Collection Vehicle Technology: Page 63, line
2260 —2263.
a. Republic's proposed Agreement language revisions: "By no later than August 1, 2027, Collection
Vehicles must also befitted with cameras that are programmed to take photos, date and location
stamped, to document violations, including contamination, overfilling, and lids not closed. GPS and
camera data will be made available to the City upon request."
b. City's Response: Proposed camera implementation date of August 1, 2027, is rejected. The City will
approve implementation of cameras by no later than August 1, 2025.
c. Republic's Response: Resolved.
3. Draft Agreement Section 6.03.2 Annual Rate Cap on Maximum Service Rates:
Page 29, line 985 — 989.
a. Republic's proposed Agreement language revisions: "in any Rate Veer -that the coo ''—tion ,.rte.^
o a s r on the total..a:...tmeata.-th..t.. ..:n^ .01 f ..-.. enl:(4
sab"uent-year, If the CPI is negative
priar-yenah there will be no CPI adjustment for that year."
b. City's Response: Exception rejected.
c. Republic's Response:
Republic accepts the City's rejection of the struck language in our original proposal submission. Republic
accepts the annual four percent (4%) limitation (cap) in any one rate year and the rollover language for
the following year, or any subsequent year, as was originally written in Section 6.03.2 of the draft
agreement.
Additionally, Republic requests that any reference to, "CPI," be changed to: "Water, Sewer, Trash CPI
Index" in sections 6.03.1 and 6.03.2 in the draft agreement.
4. ITEMS LISTED FOR FURTHER DISCUSSION SUBMITTED IN REPUBLIC'S
ORIGINAL PROPOSAL
Republic Services has reviewed the draft Agreement provided and understands the roles,
responsibilities, rights, and obligations of both the City of Rosemead and Republic Services. In addition
to the items previously documented in this section, we have also identified a category of items we
would like to discuss further with the city.
If awarded the contract, the following list of discussion items are not taken as exceptions to the draft
agreement. Rather, we request these items be included as topics during further discussion sessions to
be had with city staff for review prior to finalizing the agreement.
• Section 6.09 Market Rate Review.
• Section 11.08.5 Materials Recovery Facility.
• Section 19.01 Contractors Office.
• Section 29.01 Termination.
• Form I: Insurance language to include reference to blanket -endorsements
Attachment C
Waste Hauler Best and Final Offer
By Valley Vista
aecovning Ne tenh'z Rewurces
Valley Vista Services
Waste Disposal and Recycling Division
17445 East Railroad Street • City of Industry, California 91748 • (626) 961-6291 • Fax (626) 961-1105
April 27, 2023
BY HAND DELIVERY
Rosemead City Hall
Office of the City Clerk
Attn: Danielle Garcia
8838 E. Valley Boulevard
Rosemead, CA 91770
RE: Request for Best and Final Offer— Integrated Solid Waste Handling Services
Dear Ms. Garcia:
In response to Mr. Chung's letter dated April 19, 2023, Valley Vista Services, Inc. ("Valley Vista") thanks you
for the opportunity to provide our Best and Final Offer (BAFO) regarding the City of Rosemead's ("City's")
Request for Proposals for Integrated Solid Waste Handling Services (or the "RFP").
We are proud to present this BAFO which meets and exceeds those items described in Attachment 'A"
from Mr. Chung's Letter. Our revised summary of proposed services is as follows:
As previously guaranteed in Valley Vista's RFP response, dated January 26, 2023, we continue to commit
to replacing all carts and bins for all residents and businesses in the City. All carts will be uniformly labeled
as described on pp. 34 of our RFP response. Valley Vista will exceed the City's request for new vehicles for
at least 2/31 of the collection fleet, by providing an entirely new collection vehicle fleet. Further, in the
event the State of California decides to mandate the use of electric collection vehicles, neither the City nor
the ratepayers will shoulder the cost of those new vehicles.
All collected materials will be processed of at our materials recovery facility located in the City of Industry,
approximately twelve miles from the City. Then sorted waste will be transported to the EI Sobrante or
Olinda Alpha Landfills in Riverside and Orange counties, respectively. Additionally, Valley Vista is
committed to transporting collected materials the shortest possible distance to their respective processing
and disposal facilities and, as such, will transport materials to a closer processing facility if and when such
facility may open, provided there is no additional cost borne by the City or the ratepayers.
For single-family, multi -family and mixed dwelling units, Valley Vista will provide kitchen food waste pails
free of charge, and up to five hundred (500) compost bins per calendaryear will be delivered upon request
by a resident.
As Valley Vista is a committed community partner in all our franchised jurisdictions, we are more than
willing and able to commit to the following programs, partnerships, and collaboration efforts with the
Rosemead Community, at no additional charge:
0 Printed on Recycled Paper
Rwovenng Ne E h Reso es
Valley Vista Services
Waste Disposal and Recycling Division
17445 East Railroad Street • City of Industry, California 91748 • (626) 961-6291 • Fax (626) 961-1105
• Compost giveaway events for the Rosemead Community and local schools, as coordinated with
City staff,
• Collection for the following City sponsored events:
0 4`n of July: two (2) 40 -yd Roll -offs, twelve (12) 3 -yd bins, four each of garbage, recyclables
and organic waste, and lids and trash liners;
o Moon Festival: three (3) 40 -yd Roll -offs, twelve (12) 3 -yd bins, four each of garbage,
recyclables and organic waste, and lids and trash liners; and
o Fall Fiesta: one (1) 40 -yd Roll -off, eight (8) 3 -yd bins, three (3) for garbage, three (3) for
recyclables and two (2) for organic waste, and lids and trash liners.
• Reasonable collection for additional City sponsored events and in addition to service levels above
as coordinated with City staff;
• Annual title sponsorship of Concerts in the Park;
• Annual $5,000 sponsorship of National Night Out and backpack giveaway;
• Annual sponsorship of Rosemead -based nonprofits which provide free community health services
in the city.
o $5,000 Herald Christian Health Center
o $2,500 Wealth by Health Foundation.
• Annual $1,000 sponsorship of Rosemead Education Foundation and Garvey Education Foundation.
• Unlimited and high diversion bulky item and street litter abatement program;
• Semi-annual community paper shred days;
• Implementation of a residential recycling rewards program, where gift cards are raffled on a
quarterly basis to residents that participate in a recycling survey available through the City's
website;
• Public education and outreach provided through quarterly newsletters, billing inserts, commercial
and multi -family recycling workshops and technical assistance as requested;
• Disaster clean up response;
• A three -pronged scholarship program for City residents that are high school seniors, where
o five (5) students may be awarded a $1,000 academic scholarship,
o five (5) students maybe awarded a $1,000 athletic scholarship, and
o five (5) students may be awarded a $1,000 trade/certification scholarship;
• Quarterly community clean-up events;
• Review of development projects as requested; and
• Multilingual customer service and outreach materials in English, Spanish, Mandarin and
Vietnamese.
9 Printed on Recycled Paper
R ovmng aK E 's Rewumrs
Valley Vista Services
Waste Disposal and Recycling Division
17445 East Railroad Street • City of Industry, California 91748 • (626) 961-6291 • Fax (626) 961-1105
Finally, Valley Vista will continue to commit to the rate schedule submitted on January 26, 2023, as "Option
1." As an alternate, a revised Form K has been attached as "Option 2" for the City's consideration. "Option
2" will lower the Residential rate to align with the current $23.74 rate and match the three (3) cubic yard
Ix per week to the current $217.71 rate. The remaining rates will be adjusted to cover SB1383 fees in the
amount of $265,000 annually, to be paid in quarterly installments of $66,250. No surcharge will appear on
customer billing. The SB1383 fee will be adjusted annually by the same amount of CPI increase on
residential and commercial rates. Further, Valley Vista agrees to adhere to the 4% limit on annual rate
increases.
Both "Option 1" and "Option 2" of Form K, and attachments of the requested plans to incorporate as
exhibits to the final agreement are enclosed with this letter.
Thank you again for the opportunity to submit this BAFO, and we eagerly look forward to serving the
residents and businesses of Rosemead.
Sincerely,
David
Chief
Encl: "Option 1" Form K
"Option 2" Form K
Exhibits for Final Agreement
0 Printed on Recycled Paper
Proposer's Name:
VALLEY VISTA SERVICES INC.
Form K, Tab A: Single -Family Dwelling Maximum Service Rates
Rate Schedule Effective 8/1/2023 10 -Year Term
Service Descriptions
Billing Frequency
Proposed
Bundled
Rate
Standard Single -Family Automated Cart Service
96 -Gallon Trash, 96 -Gallon Recycling, 96 -Gallon Organic Waste
per month
$23.87
64 -Gallon Single -Family Automated Cart Service
64 -Gallon Trash, 96 -Gallon Recycling, 96 -Gallon Organic Waste
per month
$21.87
32 -Gallon Single -Family Automated Cart Service
32 -Gallon Trash, 96 -Gallon Recycling, 96 -Gallon Organic Waste
per month
$20.87
Additional Trash Cart
each cart
$15.44
Additional Recycling Cart
each cart
$4.54
Additional Organics Cart
each cart
$5.28
Restart of Service (Auto -Resume Fee)
per occurrence
N/C
Cart Delivery
per occurrence
N/C
Cart Removal
per occurrence
N/C
Cart Exchange
per occurrence
NIC
Residential Cart Replacement Fee
per occurrence
$65.00
Contamination Fee
per occurrence
$25.00
Overage Fee
per occurrence
$15.00
NSF
per occurrence
$25.00
Bulky Pickup in Excess of Allowed
per occurrence
$22.50
Proposer's Name:
VAEEEYVISTASERVICESINC.
Folin K, Tab B: Multifamily Dwelling Maximum Service Rates
Rate Schedule Effective 8/1/2023
10 -Year Term
Multi -Family Trash (Note: Proposed bundled rates Include 96 -Gallon Recycling and 32 -Gallon Organic Waste)
Service
Collection Fre vev
1Mk 2h k 3/wk 4/wk 51,,k
6Mk
32Gallon Can
$31A8
$57.13
$85.69
$11435
$132.32
$148.81
64 -Gallon Can
$62.98
$114.26
$171.38
$228.51
5284.63
$297.61
964allon Cart
$78.70
$142.82
$21433
5285.63
$330.79
$372.01
111.5 CY Bin
$173.59
$318.9
$474.74
$63299
$736.00
$830.73
2 CY Bin
$180.31
$329.94
$494.91
$659.88
$769.61
$871.07
3 CY Bin
$193.75
$356.83
$53534
$713.66
3838.83
$951.73
4 CY Bin
$20720
5383.72
5575.58
$767A3
$904.05
$1,03240
B CY Bin
$234.09
$437.50
5656.24
$974.99
51,038.50
$1,193.74
Multi -Family Dwelling Recycling
32Gallon Cart
$14.33
#8.66
$4299
$/6.38
$022
$51.62
64 -Gallon Cart
$28.66
$57.32
$85.98
$92.76
$98A3
$10333
96 -Gallon Cart
$35.83
$71.66
$107A8
$115.95
$123.04
$129.04
111.5 CY Bin
$77.08
$15017
$23125
$250.76
$267.38
$281.72
2 CY Bin
$78.79
$15758
5236.37
$257.58
$275.91
$29145
3 CY Bin
$82.20
$184.9
$246.60
$27122
$292.96
012AI
4 CY Bin
565.81
$17132
525693
$94.86
5350.01
$332.87
6 CY Bin
$9243
$18call
$27729
531216
5944.17
$373.79
Muftl-Family Organic Waste (Grow Waste and Food Waste)
32 -Gallon Can
$50.58
$55.16
$80.99
$75A4
$84.88
$90.57
64 -Gallon Cart
$54.65
$63.29
$78.19
591.70
$10531
$110.98
95-GaEov Cart
$58.71
$7f A2
$90.36
$107.96
$125.53
$139.35
1/15 CY Bin
$9422
$164.77
$MAI
$94.65
$358.90
$419.39
2 CY Bin
$128.46
$221.58
$307.39
$391.12
$474.9
$552.94
Muhl -Family Dwelling Yard Waste Only (if applicable)
32 -Gallon Cart
$48.58
$51.15
$59.97
S67A1
$74.85
$78.53
64 -Gallon Cart
550.64
$55.26
$66.15
$75.64
$85.14
$90.68
96 -Gallon Cart
$52.89
$59.38
$7232
$83.88
$95A3
$103.23
111.5 CY Bin
$79.93
$135.66
$197.01
5236.95
S296A0
$332.SB
2 CY Bin
$11202
$18921
5258.58
$320.88
$393.66
6455.32
3 CY Bin
$167.52
$582.31
$38620
5486.95
$507.71
$680.08
4 CY Bin
$223.04
$375A2$513.80
$"IL"
$78239
$11""
6 CY Bin
$315.06
$564.64
5772.38
$973.90
57,175A3
$1,360.16
Muhl -Family Dwelling Food Waste Only (if applicable)
32 -Gallon Cart
$50.56
$55.16
$65.99
575A4
$"a&
64 -Gallon Cart
$54.85
$8339
$7&19
$91.70
$10521
96 -Gallon Cart
$58.71
$71A2
$90.38
$107.96
$125.53
d$419.29
1 / 1.5 CY Bin
594.22
$180.77
$230.41
$294.65
5358.90
2 CY Bin
$12846
522158
$307.39
$391.12
$474.94
Muhl -Family Dwelling Other I Additional
Covramination Fee
Bia FxeLaoge
Smut Service
Services
Per Occurrence
Per Occupevve
P¢ Occurrence
$70.00
0.00
280.00
Proposer's Name: VALLEY"STA SERVICES WC.
Form K, Tab C: Commercial Maximum Service Rates
Rate Schedule Effective 81112023 10 -Year
Term
Commercial Trash (Note: Proposed bundled rates include 96 -Gallon Recycling and 32 -Gallon Organic Waste)
Service Descriptions IMB
2/srlt
CoOa ian Fmgowry
3M1r9 4649
vaa
bhsY
32GsAa. Cart
$2623
$47.61
671.41
59521
611028
$124.00
6 Ca0oa Cat
$52A7
$9521
$142.92
$190.62
$220.53
6248.01
9SGaaoa Can
$79.70
6142.82
621423
5285.63
$330.79
$372.01
11 15 CY Bio
$171.66
6312.84
$489.95
$62527
5728.35
$319.16
2 CY5
$1]7.74
$324.79
$487.19
$648.59
$756.75
$855.&1
3 CYBio
$18990
6348.11
$523.67
$69622
$817.54
$928.50
4CYBIo
$20205
$373A3
6660.14
$748.88
$878.33
$1,001.54
6 CY Bio
1 $226.37 1
$422.05
$633.10
$844.13
$999.92
$1,147."
Commercial Trash for Organic Waste Exempt Customers (Note: Proposed bundled rata include 96 -Gallon Recycling and no Organic W
32-GWoo Can
$2&"
$".18
$027
$92.36
$10898
$12026
644ellon Can
$5099
$02.36
$138.54
$184.71
$21391
S2"A7
96G 1.n Can
$76.34
$136.54
$20790
$277.07
$32097
$380.85
1 / 1.5 CY Bin
$166.51
$30926
$454.88
6606.51
6704.56
$794.58
2 CY Bin
$172.41
$315.80
$47257
6630.10
$730.05
$829.96
3 CY Bin
$18420
$138.63
6607.96
$67727
$79392
$900.73
4 CY BIn
11166.99
538223
$5".33
$724A5
$85196
$971A9
6 CY Bin
5219.58 1
$409A0
$614.10
$818.80
$969.93
$1,113.01
Commercial Recycling
LGCOoe Can
$11.84
$23.89
$35.83
$38.65
$41.01
$43.01
64."Jon Can
533.89
$47.77
$71.66
$77.30
$92.03
$88.03
96 -Gallon Cast
635.83
671.66
$107A8
$11595
612&04
$12894
1 / 13 CY Bis
$77.08
$154.17
$2E725
$250.76
6267.38
$281.72
2CYB1a
$78.79
$157.54
$236.37
$MA
$27591
5201.95
3CYB1a
$8220
$164'0
""90
$27122
$29L"
S312A7
4CYBIo
$8&01
$171.72
$28693
$264.85
$310.01
$13247
6 CY Bio
$92."
$184.86
$277.29
$312.14
$344.11
$373.79
Commercial Organic Waste (Green Waste and Food Waste)
SGa0oa Can
$50.58
$55.16
$65.99
$75."
66498
$90.57
64C .Cad
$54.65
$6320
$78.19
$91.70
$10521
$114.96
98 -Gallon Cert
$58.71
671A2
$90.36
$107.96
$12553
5130.35
1 / 15 CY Bia
$1422
6164.77
$2a0AI
$294.65
$358.90
$419.39
2 CY ale
5128'8
$221.56
$307.39
$391.12
$47494
$552.94
Commercial Yard Wash Only
lit apolicablel
32Gaaoo Cart
$4998
$51.15
559.97
$97AI
$74.65
$78.53
84 -Gallon Cart
680.54
55526
$66.15
$75.64
$85.14
$90.98
964s11on Gast
552.69
$559.36
$7232
$83.88
$95A3
$10323
1/15CYBIa
579.93
$135.66
$18791
5236.95
5268."
$332.58
2CYBIo
$112.02
$18921
$256.56
5325.86
$393.66
$455.32
CY BI.
$167.52
1182.31
6386.20
$0695
$587.71
$680.08
4 CY Ina
$223.64
$37"
$51390
$648.04
$78229
$90!.64
6CYBb
6335.06
$564."
5772.66
$973.90
$1,175."
$1,360.16
Commercial Food Waste Only
(If applicable)
2GaBm Cat
$50.58
1 $55.16
1 $65.99
1 $75.44
1 $8&88
$90.57
64Ga0m Can
$54.8556329
$78.19
591.70
$10521
$114.98
95Ga0oo Can
558.71
$71,12
590.38
$107.96
$175.53
$139.35
I/15Cy Bla
$9422
6164.77
$230.41
$206.65
$358.90
$419.39
2 CY Bin
$128,"
$221.58
$307.39
$391.12
$474.64
5552.94
CovwerddOWa / AddltlooY
Servka
cwnmipadon Fx
Per Occusreoce
1 $2500
Bio Exc1®p8e IF. 0.,.oce 1 $85.00
Swia savice IF. O�"0.00
Proposer'. Name.
VALLRYV A56RVIa6 Mk.
Forth K, Tab D: Additional Services Maximum Service Rates
Rate Schedule Effective 811/2023 (10 -Year Term)
Ser.im
Service Descriptions
Frequency Proposed Rate
Packing Biz, Lock w Gate, en 1. Mwthly Fa
Pe lock per mcnw
$11.50
Trip Churg.T yRw
per �
675.110
Remrtof Service (eteo resume fa)
ps,occunace
625.00
SuWFa
pa occlmesa
NIC
Ikch a Chug,
per cccurrusee
WC
Debvery Chaw Commercial Cars
pm occmac0ce
WC
Removal
acumaa
WC
Exchange Fa
peraccmauce
675.00
Stinger/Scan Service fa -Monthly
pabinwcrklP
665.00
Recyclwg Ccrosmwadw Fa
Per cccmreoce
#x00
Ovmsc Fa
perowmlwa
67500
rupersryguvlm
Special Pick-t7p W m 3 cubic yams
wch
614500
Addiawal Staedby and Loading Time
perhm
660.00
Lesge Vma Events(Nan-Chy Evora)
peroasnaa
TOD
r..PerQ7Ra.
3 Cubic Yud Tcuq m In.
Delivery. Rmoval sud up w 7 days consul
per bin
$145.00
Ficb aklibond pickup
peraemtwce
67500
4 Cubic Yard Tempaay Bin
Delivery. Removal sd up w 7 dove renal
Pabin
6162.00
Foch Wdi0w9 Pickup
peroovnwce
$75.00
Push Rues
Push Ram -25 felt
1pickup/mwk
666.10
Posh Raw -25 fat
2pickups/week
$100.24
Push Rafe -25 fat
Spickupa/week
$150.34
Push Russ -25 fat
4pickups l week
$21247
Push Rea -25 fM
5pickups /mask
6256.66
Push Raft -25 fM
6pickupa1vnek
6711.65
Push Raw-50fM
lpickup/ weak
WA
push Ante -50 fM
2pickups l weak
WA
Push Rua -50 fM
3pickups /weak
WA
Push Raw -50 feet
4pkiksm1womelt
WA
Pusb Rua -50 fM
6pickups/weak
WA
lluh Raw -50 ft"
6pickupa/wea1,
WA
Push Rick -75 fuss
lpickup/ week
WA
Push Russ, -]5 fM
2piekuprfvosek
WA
PUN Raft-]5fM
3pickupslissak
WA
Push Raw -75 fat
4pickups/weak
WA
Push Aaft-75 fbet
5pickups/mask
WA
Push Rate-75IM
6Vlekupe1msW
WA
Push Raft -100 fust
1pickup l week
WA
PUN Rea-IOO fM
2pickups /weak
WA
push Rete - IW fes,
SFickups/mask
WA
push Rea -100 fat
4pickups/mwk
WA
lieh Raw - IW IM
5pickupa/musk
WA
Push Rase -100 fm
6pickuW/mask
WA
PeR Yms
Roll-OffCwabuxs bifid w a per Pull pica dtapwel lbs
10 Cubic Yard Cwuiner per pull
per iad
IgIep.ep
20 Cubic Yard Cwaisa Pct pfd
per Dud
$250.00
30 Cubic Yard Conmmw pmpull
per had
$2W.00
b CubieYW CwuuM perpull
perhad
$250.00
Proposer's Name:
VALLEY VISTA SERVICES INC.
Form K, Tab A: Single -Family Dwelling Maximum Service Rates
Rate Schedule Effective 8/1/2023
10 -Year Term
Service Descriptions
Billing Frequency
Proposed
Bundled
Rate
Standard Single -Family Automated Cart Service
96 -Gallon Trash, 96 -Gallon Rec clln , 96 -Gallon Organic Waste
per month
$23.74
64 -Gallon Single -Family Automated Cart Service
64 -Gallon Trash, 96 -Gallon Recycling, 96 -Gallon Organic Waste
per month
$21.74
32 -Gallon Single -Family Automated Cart Service
32 -Gallon Trash, 96 -Gallon Recycling, 96 -Gallon Onganic Waste
per month
$20.74
Additional Trash Cart
each cart
$15.36
Additional Recycling Cart
each cart
$4.52
Additional Organics Cart
each cart
$5.26
Restart of Service (Auto -Resume Fee)
per occurrence
N/C
Cart Delivery
per occurrence
N/C
Cart Removal
per occurrence
NIC
Cart Exchange
per occurrence
N/C
Residential Cart Replacement Fee
per occurrence
$65.00
Contamination Fee
per occurrence
$25.00
Overage Fee
per occurrence
$15.00
NSF
per occurrence
$25.00
Bulky Pickup in Excess of Allowed
per occurrence
$22.50
OPTION 2
OPTION 2
Proposer's Name: VALLEY VISTA SERVICES INC.
Form K, Tab 13: Multi -Family Dwelling Maximum Service Rates
Rate Schedule Effective 8/1/2023
10 -Year Term
Multi -Family Trash (Note: Proposed bundled rates include 96 -Gallon Recycling and 32 -Gallon
Organic Waste)
Service
1/wk
Collection Frequency
2/wk 3h k
Vwk 5/wk
6/wk
32 -Gallon Cart
$36.77
$66.64
$99.97
$133.29
$154.20
$173.26
64 -Galion Cart
$73.54
$133.29
$199.93
$266.57
$308.41
$346.52
96 -Gallon Cart
$91.92
$166.61
$249.92
$333.22
$385.51
$433.16
1 / 1.5 CY Bin
$201.40
$366.54
$549.82
$733.09
$851.13
$959.36
2 CY Bin
$208.12
$379.99
$569.99
$759.98
$884.74
$999.70
3 CY Bin
$221.56
$406.88
$610,32
$813.76
$951.96
$1,080.36
4 CY Bin
$235.01
$433.77
$650.68
$867.53
$1,019.18
$1,161.03
6 CY Bin
$261.90
$487.55
$731.32
$975.09
$1,153.63
$1,322.37
Multi -Family Dwelling Recycling
32 -Gallon Cart
$14.33
$28.66
$42.99
546.38
$49.22
$51.62
64Gatlon Cart
$28.66
$57.32
$85.99
$92.76
$98.43
$10313
964311on can
$35.83
$71.66
$107.48
$115.95
$123.04
$129.04
111.5 CY Bin
$77.08
$150.17
$231.25
$250.76
$267.38
$281.72
2 CY Bin
$78.79
$157.58
$236.37
$257.58
$275.91
$291.95
3 CY Bin
$82.20
$164.40
$246.60
$271.22
$292.96
$312.41
4 CY Bin
$85.61
577112
5256.83
$294.86
$310.01
$332.87
6 CY Bin
$92.43
$184.86
5277.29
$312.14
$344.11
$373.79
Multifamily Organic Waste (Green Waste and Food Waste)
32 -Gallon Cart
$50.58
$55.16
$65.99
$75.44
$94.88
$90.57
644allon Cart
$54.65
$63.29
$78.19
$91.70
$105.21
$114.96
95 -Gallon Carl
$66.71
$71.42
$90.38
$107.96
$125.53
$139.35
1 / 1.5 CY Bin
$94.22
$164.77
$230.41
$294.65
$358.90
$419.39
2 CY Bin
$128.46
$221.58
$307.39
$391.12
5474.84
$552.94
Multi -Family Dwelling Yard Waste Only (if applicable)
32 -Gallon Cart
$48.58
$51.15
$59.97
$67.41
$74.85
$78.53
64 -Gallon Cart
$50.64
$55.26
$66.15
$75.64
$85.14
$90.88
96 -Gallon Cart
$52.69
$59.38
$72.32
$83.88
$95.43
$103.23
111.5 CY Bin
$79.93
$135.66
$187.01
$236.95
$286.40
$332.58
2 CY Bin
$112.02
$189.21
$258.58
$325.86
$393.66
$455.32
3 CY Bin
$167.52
$282.31
$386.20
$486.95
$587.71
$680.08
4 CY Bin
$223.04
$375.42
$513.80
$648.04
$782.29
$904.84
6 CY Bin
$335.06
$564.64
$772.38
$973.90
$1,175.43
$1,360.16
Mufti -Family Dwelling Food Waste Only (if applicable)
32 -Gallon Cart
$50.58
$65.16
$65.99
$75.44
$84.88
$90.57
64 -Gallon Cart
$64.65
$63.29
$78.19
$91.70
$105.21
$114.96
96 -Gallon Cart
$58.71
$71.42
$90.38
$107.96
$125.53
$139.35
111.5 CY Bin
$9412
$164.77
$230.41
$294.65
$358.90
$419.39
2 CY Bin
$128.46
$221.58
$307.39
$391.12
$474.84
$552.94
Multifamily Dwelling Other/ Additional Services
Contamination Fee Per Occurrence
Bin Exchange Per Occurrence
Scout Service Per Occurrence
525.00
$85.00
$60.00
OPTION 2
OPTION 2
ProposeesNam:1 vAL3.8Yv1sTAssx"m INC,
Form K Tab C: Commercial Maximum Service Rates
Rate Schedule Effective 81112023 10-Year Term
Commercial Trash (Note: Proposed bundled rates include 96Gallon Recycling and 32-Gallon Organic Waste)
Service Descriptions 1/w9
2M9
CoBecdon 9 Nuevy
3Iw9 6/ak
SMt
6Wv9
32 aban Cart
s"."
$0.54
"341
$111.07
$1211.50
$14498
64GWon Cut
$6128
$111.07
$least
$222.14
$257.01
$288.77
9S-Gaaon Cut
$91.92
$166.61
$248.92
$33322
$385.51
$633.19
11 is CY ae
$199A7
$38268
$59403
$725.37
$"1Aa
$967.79
2CYB
$205.55
$37484
$562.27
$749.69
$871.88
$98426
3CYBin
$217.71
$399.16
5598.75
$798.32
$93267
$1,05722
4Man
$728.86
$423.48
$05.22
$896.96
$993.46
$1,130.17
6 CY Bb
$254.18
$472.11
$708.18
$946.23
$1,115.05
$1,276.07
Commercial Trash for Organic Waste Exempt Customers (Note: Proposed bundled rates Include 96-Gallon Recycling and no Organic We
32-Gill.. Can
$20.72
$53.87
$80.81
$107.74
$124.65
$140.05
64-Gallon Cart
sm."
$107.74
$161.61
$215.48
$249.30
$280.11
96-Gallon Can
$07.16
$161.61
$242.42
$323.22
$373.95
$420.16
1 11.5 CY Sin
$193.48
$351.61
$527.71
$703.61
$816.23
$919.36
2 CY Bin
$199.38
$363.60
$545.40
$727.20
$865.72
$95474
3 GY Bin
$211.18
$387.19
$500.79
$77437
3904.89
$1,025.51
4 CY Bin
$222.86
$410.78
$618.16
$921.55
$963.65
$1,096.27
6 CY Bin
SM.55
1 $457.93
1 $686.93 1
$916.91
$1,081.00
$1,237.79
Commarclal Recycling
3LGalbn Can
$11.94
523.89
$35.83
$38.65
$41.01
$43.01
643allon Cart
$23.89
$47.77
$71.66
$77.30
$82.03
$86.03
06-Gallon Can
$35.93
$71.00
$107.68
$115.85
$123.04
$129.04
1/1.5 CY Bin
$77.08
$15417
$23125
5250.76
$257.38
$281.72
2 CY Bin
$78.70
$/67.58
$23647
$257.58
$275.91
$291.95
3 CY Bin
$8220
$18440
$246.00
$27122
$29296
$31241
4CYBio
S".61
$17122
5258.83
$2114A
$310.01
$33287
6 CY Bin
$92.43
$18489
5277.29
$31214
$314.11
$373.79
Commercial Organic Waste (Green Waste and Food Waste)
32-Ga11oo Cur
$50.58
555.111
565.99
$75.44
$81.98
$00.57
66Ga0on Can
$56.65
56329
$711.19
$97.70
5105.21
$114.96
964811M Cart
$58.71
571533
590.38
$107.96
$125.53
$139.35
111.5 CY Bre
$942261647]
5230.41
$294.65
$358.90
$619.39
2CYaw
$128A6
f221."
$707.38
$391.12
$474.84
$552.94
Commercial Yard Waste Only (if applicable)
32-Gdlaa Can
$40.58
$51.15
$58.97
$67AI
$74.85
$78.53
61-3ellon Cart
sm."
$5525
$66.15
$75.84
$95.14
590."
96-Gallon Cart
$52.00
$58.38
$72.32
$83.98
$95,43
$103.23
1 / is CY Bra
$79.93
$135.68
$187.01
$238.95
$286.40
$332.58
2 CY Bin
$112.02
$18921
s25asa
$325.86
$397.66
5455.32
3 CY BN
$167M
$28231
$38620
$486.95
$587.71
$880.09
4M ae
$223.04
$375.42
$513.80
$648.04
$78228
$1104."
6CYae
$335.06
41564"
$772.38
$973.90
$1,175A3
$1,360.16
Commercial Food Waste Only (if applicable)
324: .Can
$50.58
$56.16
$65.99
$75,44
sm"
$90.57
64Gaaa Can
$54."
$63.29
$78.18
$91.70
S10521
$114"
9 Gallon Cul
$58.71
$71.42
590.38
$107."
$125.53
$13945
1/t4 CY as
$94.22
$160.77
$239.41
$294."
$35&00
$419.39
2 CY B1a
$128.46
$221."
$307.39
$391.12
$47494
$552.94
CommertLl OWu I AONtlmal
Servlem
Cocuan aaoo Fae
per.. eoce
$25,00
Bin Exchange IP. Occugevice 585.00
Scour sonic. Par Occmmme 500.00
OPTION 2
Propos'. Name:
VA Y V187A SERVICES IVC.
Form Kr Tab D: Additional Services Maximum Service Rates
Rate Schedule Effective 811/2023 (10-Year Term)
e..k.
Somice Descriptions
Fmq"cy
Proposed Rate
Locking Bnn Lock on Gate, ealoawe Monthly Fa
per lack permmth
$11.50
Trip ChugWry Bim
por acutrmce
S75.00
Ranco of Service (ewa meumefa)
P..
$25.00
Scop Fa
per ocmurace
NIC
Delivery Chuae
Per accuncucc
WC
Delivery Chuge f'�+•iCW
per oacurzcua
NIC
vel
DQ cceeccuie
MIC
Excheege Fee
puocconcncc
515.00
Sfinw/Scow Service fce-moody
Pa bin wakly
$65.00
Rayclmg Covtawination Fa
per occurrence
625.00
Overage Eu
Per oauvaee
516.00
mparary Servlaa
Spaiel Piet-UP, to 3 cubic yais
.eh
065A0
dditional Standby ad lauding Tuck,
perhma
650.00
Iargc Venue EveOm Mon-Cly Ewa¢)
pa acavreece
We
®porn, Efaa
3 Cubic Yat Tampon, Bin
Dciivay, R®oval and up m 7 davameel
pa bm
615.5.00
Eeehddibund Pickup
Mwmanvoce
MAI
Cubic Yard Tempmary Bm
Delivery. Removal ad W to 7 lova Baal
parbin
$122.00
Each ddidowl pidw
Pa acurtaa
$75.00
Rm
Pueh Rue-25fat
tpickup l weak
$0.10
Pusb Rate-25feet
2pick., I
5169.24
Push Rare-25fed
3 pickup (week
$159.30
Push Ralt-25 fed
/piekupolwwk
62IM7
Puah Ratc-25 feet
6pickups l week
$20.0
Push Rue-25fm
Spickupalweek
521L0
Purh Rate-50 fat
tpickup lweek
WA
Puah Roc-50 fat
2pickupalvMk
WA
Push R.-50 feet
3pickupe/week
WA
Push Rue-50tbd
6pickupslweek
WA
Push Ram-50 feu
5pickupe/week
WA
Itch Ratti-50 far
6pkkupalweak
WA
uah Raw-75 fcm
Ipickup/ week
WA
Puvh Rate-75 feet
2pickupa I
WA
Push Rae-75 f«t
3 pickup Tweak
WA
Push Rua-75 feet
4pkdopa/week
WA
Purh Rate-75 feet
5puck."Iweek
WA
Push Raw-75 fed
6pickupe l week
WA
Peah Rate -IW fat
tpickup I
WA
Peek Rae IN fed
2pickup /week
WA
Pmh P.r- -IW fat
3piekupa/week
WA
PushRU,-100fxt
6pickupa l week
WA
Push Raze - 100 fat
5 pickup, l week
WA
Pwh Raze-IOOfat
6yiekupa/week
WA
oa�al?uffl u
Roll-Off CwteinmbME onapapullpN diewWfee
IOOibic Yud C.ui..Mpol
per heel
6250.0
200ubie Yard Cowainapapa
per haul
525050
30( is Yad Conhaaperpua
paheul
525050
90 Cubic YaiC uuua pa pull
pa heel
050.00
OPTION 2
Attachment D
Draft
Integrated Solid Waste Handling Services
Agreement - Republic Services
I DRAFT AGREEMENT
2 FOR THE PROVISION OF
3
4 INTEGRATED SOLID WASTE HANDLING SERVICES
5
Ll
Executed Between the
7 City of Rosemead and Consolidated Disposal
a Services, L.L.C. d/b/a Republic Services
9
10 This _ day of May 2023
11
12
13
RIV #4862-7000-7618 v1
DRAFT 5/2/2023
14
TABLE OF CONTENTS
15
Integrated Solid Waste Handling Services Agreement
16
Table of Contents
17
Article 1. Definitions.................................................................................................................5
18
Article 2. Term of Agreement.................................................................................................18
19
Article 3. Conditions Governing Services Provided by Contractor..........................................19
20
Article 4. Franchise Fees and Payments...............................................................................20
21
Article 5. General Requirements............................................................................................22
22
Article 6. Collection Service Rates.........................................................................................28
23
Article 7. Collection Service Billing........................................................................................32
24
Article 8. Diversion Requirements.........................................................................................36
25
Article 9. Service Unit Types.................................................................................................38
26
Article 10. Residential Service...............................................................................................39
27
Article 11. MFD Service.........................................................................................................45
28
Article 12. Commercial Service..............................................................................................52
29
Article 13. Mixed Use Dwelling Service (MXD)......................................................................59
30
Article 14. City Services.........................................................................................................59
31
Article 15. Additional Services...............................................................................................60
32
Article 16. Collection Routes.................................................................................................61
33
Article 17. Minimum Performance and Diversion Standards..................................................62
34
Article 18. Collection Equipment............................................................................................64
35
Article 19. Contractor's Office................................................................................................67
36
Article 20. Contractor Support Services.................................................................................68
37
Article 21. Emergency Service...............................................................................................73
38
Article 22. Record Keeping and Reporting Requirements......................................................74
39
Article 23. Nondiscrimination.................................................................................................79
40
Article 24. Service Inquiries and Complaints..........................................................................79
41
Article 25. Quality of Performance of Contractor... .................................................................
80
42
Article 26. Performance Bond................................................................................................81
43
Article 27. Insurance..............................................................................................................82
44
Article 28. Hold Harmless and Indemnification......................................................................86
45
Article 29. Default of Agreement............................................................................................89
46
Article 30. Modifications to the Agreement............................................................................92
47
Article 31. Legal Representation............................................................................................93
48
Article 32. Conflict of Interest.................................................................................................93
49
Article 33. Contractor's Personnel.........................................................................................93
50
Article 34. Exempt Waste......................................................................................................95
51
Article 35. Independent Contractor........................................................................................95
52
Article 36. Laws to Govern....................................................................................................95
53
Article 37. Consent to Jurisdiction.........................................................................................95
54
Article 38. Assignment...........................................................................................................95
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55
Article 39. Compliance with Laws..........................................................................................96
56
Article 40. Permits and Licenses...........................................................................................96
57
Article 41. Ownership of Written Materials.............................................................................97
58
Article 42. Waiver..................................................................................................................97
59
Article 43. Prohibition Against Gifts.......................................................................................97
60
Article 44. Point of Contact....................................................................................................97
61
Article 45. Notices.................................................................................................................97
62
Article 46. Transition to Next Contractor................................................................................98
63
Article 47. Contractor's Records............................................................................................98
64
Article 48. Entire Agreement..................................................................................................99
65
Article 49. Severability...........................................................................................................99
66
Article 50. Right to Require Performance............................................................................100
67
Article 51. All Prior Agreements Superseded.......................................................................100
68
Article 52. Headings............................................................................................................100
69
Article 53. Exhibits...............................................................................................................100
70
Article 54. Attorney's Fees...................................................................................................100
71
Article 55. Effective Date.....................................................................................................100
72
73
Exhibits
74
Exhibit 1 City Approved Service Rates...............................................................................102
75
Exhibit 2 City Sponsored Events........................................................................................103
76
Exhibit 3 List of City Properties and Current Service Levels... ............................................
105
77
Exhibit 4 Collection Container Specifications......................................................................108
78
Exhibit 5 Transition Plan.....................................................................................................111
79
Exhibit 6 Administrative Charges and Penalties.................................................................124
80
Exhibit 7 Customer Service Plan........................................................................................126
81
Exhibit 8 Collection Service Operations Plan......................................................................134
82
Exhibit City -Approved Processing and Disposal Facilities ...............................................159
83
Exhibit 10 Sustainability and Compliance Plan...................................................................161
84
Exhibit 11 Outreach and Education Plan............................................................................176
85
Exhibit 12 Acceptable Recyclable Materials.......................................................................185
86
87
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RIV #4862-7000-7618 v1
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88 This Integrated Solid Waste Handling Service Agreement ("Agreement") is hereby entered into by
89 and between the City of Rosemead, a general law city existing under the laws of the State of California
90 ("City") and Consolidated Disposal Services, L.L.C. d/b/a Republic Services ("Contractor") as of
91 2023 under the terms and conditions set forth herein.
92
93 RECITALS
94 A. The Legislature of the State of California, by enactment of the California Integrated Waste
95 Management Act of 1989 (the "Act") and subsequent additions and amendments (codified at California
96 Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and
97 require local agencies to make adequate provisions for garbage collection within their jurisdiction.
98 B. The State of California has found and declared that the amount of garbage generated in California,
99 coupled with diminishing landfill space and potential adverse environmental impacts from landfilling and the
100 need to conserve natural resources, have created an urgent need for State and local agencies to enact and
101 implement an aggressive integrated waste management program. The State has, through enactment of the
102 Act, directed the responsible State agency, and all local agencies, to promote disposal site diversion and
103 to maximize the use of feasible garbage reduction, re -use, recycling, and composting options to reduce the
104 amount of garbage that must be disposed of in disposal sites.
105 C. Pursuant to its Municipal Code and California Public Resources Code Section 40059(a) as may be
106 amended from time to time, City has determined that the public health, safety, and well-being require that
107 an exclusive right be awarded to a qualified contractor to provide for the collection of garbage, recyclable
108 materials, and organic waste materials, except for collection of materials excluded in City's Municipal Code,
109 and other services related to meeting the Act's 50 percent diversion goal and other requirements of the Act.
110 D. City further declares its intent to regulate and set the maximum rates Contractor may charge
111 Service Recipients for the collection, transportation, processing, recycling, composting, and/or disposal of
112 garbage, recyclable materials, and organic waste materials.
113 E. The City Council has determined that Contractor, by demonstrated experience, reputation, and
114 capacity, is qualified to provide for the collection of garbage, recyclable materials, and organic waste
115 materials within the corporate limits of City, the transportation of such material to appropriate places for
116 processing, recycling, composting and/or disposal, and City Council desires that Contractor be engaged to
117 perform such services on the basis set forth in this Agreement; and, Contractor has represented that it has
118 the ability and capacity to provide for the collection of garbage, recyclable materials, and organic waste
119 materials within the corporate limits of City; the transportation of such material to appropriate places for
120 processing, recycling, composting and/or disposal; and the processing of materials.
121 F. By Resolution No. 2023-27, the City Council of City duly approved this Agreement, together with
122 the Franchise Fee, Contractor payments to City, and other City -imposed fees provided for in the Agreement
123 (collectively "City Imposed Fees'), and found and determined that such City Imposed Fees were both
124 necessary and reasonably reflect, or are less than, the actual costs City that will incur in the administration
125 of the contracted services, compliance with mandatory state laws and regulations related to the contracted
126 services, and to mitigate the of impacts provision of the contracted services will have on City streets,
127 Support for these findings is provided in both Resolution No. 2023-27 and the accompanying staff report
128 dated May 9t', 2023.
129
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130 OPERATIVE PROVISIONS
131 Now, therefore, in consideration of the mutual covenants, agreements and consideration contained
132 in this Agreement, City and Contractor agree as follows:
133
134 Article 1. Definitions
135 For the purpose of this Agreement, the definitions contained in this Article apply unless otherwise
136 specifically stated. When not inconsistent with the context, words used in the present tense include the
137 future, words in the plural include the singular, and words in the singular include the plural. Use of the
138 masculine gender includes the feminine gender. The meaning of terms or words not defined in this Article
139 will be as defined in the Integrated Waste Management Act, or if not defined therein, then as commonly
140 understood in the Integrated Solid Waste Handling Services industry when the common understanding is
141 uncertain.
142 1.01 AB 341. "AB 341" means State of California Assembly Bill No. 341 approved October 5,
143 2011. AB 341 requires businesses, defined to include commercial or public entities that generate more than
144 4 cubic yards of commercial solid waste per week or multifamily residential dwellings of 5 units or more, to
145 arrange for recycling services and requires jurisdictions to implement a commercial solid waste recycling
146 program.
147 1.02 AB 827. "AB 827" means State of California Assembly Bill No. 827 approved October 02,
148 2019. AB 827 requires businesses that are mandated to recycle under AB 341 ("MCR") and/or mandated to
149 recycle organics under AB 1826 ("MOR") or SB 1383 and that provide customers access to the business, to
150 provide customers with a recycling bin and/or organics collection bin for those waste streams that is visible,
151 easily accessible, and adjacent to each bin or container for trash.
152 1.03 AB 939. "AB 939" or "The Act" means "The California Integrated Waste Management Act
153 of 1989" codified in part in Public Resources Code §§ 40000 et seq, and such regulations adopted by.
154 California Department of Resources Recycling and Recovery (CalRecycle) for implementation of the Act, or
155 its successor agency, including but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016
156 (Chapter 343, Statues of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling
157 Resources Code § 40000 and following as it may be amended and as implemented by the regulations of
158 CalRecycle.
159 1.04 AB 1594. "AB 1594" means State of California Assembly Bill No. 1594 approved
160 September 28, 2014. AB 1594 provides that as of January 1, 2020, the use of green material as Alternative
161 Daily Cover does not constitute diversion through recycling and would be considered disposal.
162 1.05 AB 1669. "AB 1669" means State of California Assembly Bill No. 1669 approved
163 September 30, 2016 which amends California Labor Code Sections 1070 through 1076 with respect to the
164 hiring of displaced employees under service contracts for the collection and transportation of solid waste.
165 1.06 AB 1826. "AB 1826" means State of California Assembly Bill No. 1826 approved
166 September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an
DRAFT AGREEMENT.V1 Page 5 of 185
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167 organic waste recycling program to divert from the landfill organic waste from businesses. Each business
168 meeting specific organic waste or solid waste generation thresholds phased in from April 1, 2016 to January
169 1, 2020, is required to arrange for organic waste recycling services.
170 1.07 AB 3036. "AB 3036" means State of California Assembly Bill No. 3036 approved
171 September 27, 2018. AB 3036 prohibits a County, City, District, or local government agency from subjecting
172 the hauling of certain byproducts from the processing of food or beverages to an exclusive franchise, contract,
173 license, or permit.
174 1.08 Agreement. "Agreement" means the written Integrated Solid Waste Handling Services
175 agreement between the City and the Contractor covering the work to be performed and all contract documents
176 attached to the agreement and made a part thereof.
177 1.09 Agreement Administrator. "Agreement Administrator' means the City Manager, or his or
178 her designee, designated to administer and monitor the provisions of the Agreement.
179 1.10 Agreement Year. "Agreement Year" means each twelve (12) month period from August 1s'
180 to July 30th during the term of this Agreement.
181 1.11 Alternative Fuel Vehicle. "Alternate Fuel Vehicle" means a vehicle whose engine uses a
182 fuel other than gasoline or diesel fuel, such as compressed natural gas (CNG) or other fuel with comparably
183 low emissions of air pollutants regulated under the California Clean Air Act, Health and Safety Code Section
184 39000 et seq. or the South Coast Air Quality Management District's rules and regulations including Rule 1193.
185 1.12 Applicable Law. "Applicable Law" shall mean all federal, state, county, and local laws,
186 regulations, rules, orders, judgments, decrees, permits, approvals, or other requirements of any governmental
187 agency having jurisdiction over an aspect of this Agreement that are in force on the Effective Date, and as
188 may be enacted, issued or amended thereafter, including without limitation, to the City's Municipal Code, the
189 California Integrated Waste Management Act of 1989 (Public Resources Code section 40000 et seq.), as
190 amended as of the Effective Date, inclusive (without exclusion to other amendments not referenced here) of
191 AB 939, AB 341, AB 1826, AB 1594, SB 1383, and inclusive of all regulations implementing same adopted
192 as of the Effective Date.
193 1.13 Best Management Practice. "Best Management Practice' means the schedule of activities,
194 prohibition of practices, maintenance procedures, and other management practices to prevent or reduce, to
195 the maximum extent that is technologically and economically feasible, the discharge of pollutants in the storm
196 drain system.
197 1.14 Bin. "Bin" means a metal or plastic waste container designed or intended to be
198 mechanically serviced by a commercial front-end loader vehicle. It shall be designed to hold from one (1) to
199 six (6) cubic yards of material with the lid properly closed. The specifications for Contractor -provided Bins are
200 set forth in Exhibit 4.
201 1.15 Biohazardous or Biomedical Waste. "Biohazardous" or "Biomedical Waste' means any
202 waste which may cause disease or reasonably be suspected of harboring pathogenic organisms, included
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203 are waste resulting from the operation of medical clinics, hospitals, and other facilities processing wastes
204 which may consist of, but are not limited to, human and animal parts, contaminated bandages, pathological
205 specimens, hypodermic needles, sharps, contaminated clothing and surgical gloves.
206 1.16 Box. "Box" means a large open -top rectangular metal containers used to store and
207 transport MSW, Recyclable Materials, Green Waste, Construction and Demolition Debris, or other materials,
208 collected using a special vehicle equipped with hooks and a winch to pull the box onto the flat bed of the truck
209 for transport.
210 1.17 Brown Goods. "Brown Goods' means electronic equipment such as stereos, televisions,
211 computers, VCR's and other similar items collected from SFD Service Units.
212 1.18 Bulky Waste. "Bulky Waste' means furniture, household appliances, automobile tires,
213 shipping crates and containers carpets, mattresses, oversized yard waste such as tree trunks and large
214 branches if no larger than two feet in diameter and four feet in length, and similar large bulky or heavy items
215 not normally discarded on a regular basis at a residential, commercial, or business establishment. "Bulky
216 Items' do not include Construction and Demolition Debris or Electronic Waste, which are regarded as
217 Universal Waste, the disposal of which is governed by the Department of Toxic Substances Control,
218 1.19 Business Day. "Business Day" means any Monday through Friday, excluding any holidays
219 as defined in Section 5.03,
220 1.20 Calendar Year. "Calendar Year" means each twelve (12) month period from January 1 to
221 December 31.
222 1.21 Cart. "Cart" means a heavy plastic receptacle with a rated capacity of at least twenty (20)
223 and not more than one hundred (100) gallons, having a hinged tight -fitting lid and wheels, that is provided by
224 the Exclusive Franchise Solid Waste Contractor, approved by the City, and used by Service Recipients for
225 collection, accumulation, and removal of solid waste from commercial, industrial, or residential premises in
226 connection with Exclusive Franchise Integrated Solid Waste Handling Services. The specifications for
227 Contractor -provided Carts are set forth in Exhibit 4.
228 1.22 CERCLA. The Comprehensive Environmental Response, Compensation and Liability Act
229 of 1980, 42 U.S.C. Sections 9601 and following, as may be amended and regulations promulgated
230 thereunder.
231 1.23 Change in Law. "Change in Law" means the occurrence of any of the following events after
232 the Effective Date, when such event has a material and adverse effect on the Parties' responsive obligations
233 or the performance of their respective obligations under this Agreement (except for any payment obligations):
234 (i) the enactment, adoption, promulgation, amendment, repeal, judicial interpretation, or formal administrative
235 interpretation of any Applicable Law; (ii) the issuance of any order or judgment of any federal, state, or local
236 court or agency in a proceeding to which a Party is a party, but not to the extent such order or judgment finds
237 the Party asserting there to have been a Change in Law to have been negligent or otherwise at fault; or (iii)
238 the denial, suspension, or termination of any government permit or other entitlement, but not to the extent
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239 such denial, suspension, or termination is the result of any act or omission of the Party asserting there to
240 have been a Change in Law.
241 1.24 City. "City" means the City of Rosemead, California, including any unincorporated areas of
242 the County that may be annexed by the City during the Initial Term and all extensions.
243 1.25 City Collection Service. "City Collection Service' means City Garbage Collection Service,
244 City Organic Waste Collection Service, City Recycling Service, City Clean-up Services, City -Sponsored
245 Events Services, and Bulky Item Collection Services.
246 A. City Clean-up Services. "City Clean-up Services" means on-call City requested
247 Collection from Agreement Administrator to support City services and operations.
248 B. City Garbage Collection Service. "City Garbage Collection Service' means the
249 Collection of Garbage, by Contractor, from City Service Units in the Service Area and the delivery of that
250 Garbage to a Disposal Facility.
251 C. City Bulky Waste Collection Service. "City Bulky Waste Collection Service' means
252 the periodic on-call Collection of Bulky Waste, by Contractor, from City Service Units in the Service Area
253 and the delivery of those Bulky Waste to a Disposal Facility, Materials Recovery Facility or such other facility
254 as may be appropriate under the terms of this Agreement.
255 D. City Organic Waste Collection Service. "City Organic Waste Collection Service"
256 means the Collection of Organic Waste, by Contractor, from City Service Units in the Service Area, the
257 delivery of those Organic Waste materials to an Organic Waste Processing Facility and the processing and
258 marketing of those Organic Waste materials, and the disposal of all City Organic Waste Processing Residue.
259 E. City Recycling Service. "City Recycling Service' means the Collection of
260 Recyclables Materials by the Contractor from City Service Units in the Service Area, the delivery of those
261 Recyclable Materials to a Materials Recovery Facility and the processing and marketing of those Recyclable
262 Materials, and the disposal of all City Recyclables Materials Processing Residue.
263 F. City Sponsored Event Services. "City Sponsored Event Services' means on-call
264 Collection Services at City -Sponsored Events.
265 1.26 City Facility. City Facility(ies) means any building or other site that the City owns, leases,
266 or occupies that are listed in Exhibit 3.
267 1.27 City Manager. "City Manager" means the City Manager of the City of Rosemead, or his or
268 her designated representative, or any employee of the City who succeeds to the duties and responsibilities
269 of the City Manager.
270 1.28 Collect and Collection and Collected. "Collect' "Collection" and "Collected" means the
271 removal of Solid Waste from a Service Unit and transportation to a Disposal Facility, Organic Waste
272 Processing Facility, Materials Recycling (or Recovery) Facility, or Transfer Station as appropriate.
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273 1.29 Collection Container. "Collection Container" means a Bin, Cart, Debris -Box or Roll -Off
274 Container that is approved by the Agreement Administrator for use by Service Recipients for Collection
275 Services under this Agreement.
276 1.30 Collection Services. "Collection Services" means Contractor's obligations under this
277 Agreement to Collect Solid Waste within the Service Area. Collection Service includes Residential Collection
278 Service, Commercial Collection Service, and City Collection Service.
279 1.31 Collection Vehicle. "Collection Vehicle" means a licensed vehicle that has all required
280 licenses to provide Collection Service and that has been approved by the Agreement Administrator for use
281 under this Agreement.
282 1.32 Commencement Date. "Commencement Date" has the meaning specified in Section 2.01
283 of this Agreement.
284 1.33 Commercial Collection Service. "Commercial Collection Service' means Collection Service
285 provided to Commercial Service Units. Commercial Collection Service includes Commercial Garbage
286 Collection Service, Commercial Organic Waste Collection Service, and Commercial Recycling Collection
287 Service. Commercial Collection Service specifically includes the following:
288 A. Commercial Garbage Collection Service. "Commercial Garbage Collection
289 Service' means the Collection of Garbage by Contractor, from Commercial Service Units in the Service
290 Area and the delivery of that Garbage to a Disposal Facility.
291 B. Commercial Organic Waste Collection Service "Commercial Organic Waste
292 Collection Service" means the Collection of Organic Waste, by Contractor, from Commercial Service Units
293 in the Service Area, the delivery of those Organic Waste materials to an Organic Waste Processing Facility
294 and the processing and marketing of those Organic Waste materials, and the disposal of all Commercial
295 Organic Waste Processing Residue.
296 C. Commercial Recycling Collection Service "Commercial Recycling Collection
297 Service' means the Collection of Recyclable Materials, by Contractor, from Commercial Service Units in
298 the Service Area, the delivery of those Recyclable Materials to a Materials Recovery Facility and the
299 processing and marketing of those Recyclable Materials, and the disposal of all Commercial Recyclable
300 Materials Processing Residue.
301 1.34 Compactor. "Compactor" means any Collection Container which has a compaction
302 mechanism, whether stationary or mobile.
303 1.35 Compost. "Compost" means the act or product of the controlled biological decomposition
304 of Organic Wastes that are Source Separated or are separated at a centralized facility. Compost may also
305 include the product of anaerobic digestion or other conversion technologies.
306 1.36 Construction and Demolition Debris. "Construction and Demolition Debris' means
307 discarded materials removed from premises, resulting from construction, renovation, remodeling, repair,
308 deconstruction, or demolition operations on any pavement, house, commercial building, or other structure or
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309 from landscaping. Such materials include but are not limited to "inert wastes" as defined in Public Resources
310 Code Section 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt), gravel, plaster,
311 gypsum wallboard, aluminum, glass, plastic pipe, roofing material, carpeting, wood, masonry, trees, remnants
312 of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials,
313 packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations
314 on pavements, houses, commercial buildings, and other structures.
315 1.37 Consumer Price Index (CPI). "Consumer Price Index' means the index sets published by
316 the Unites States Department of Labor, Bureau of Labor Statistics. Consumer Price Index series
317 CUSROOOOSEHG, water and sewer and trash collection services in U.S. city average, all urban consumers,
318 seasonally adjusted.
319 1.38 Container. "Container' means a Collection Container.
320 1.39 Contaminant. "Contaminant" means any material or substance placed into or found in a
321 Collection Container other than the type of Source Separated material for which that Collection Container is
322 intended or reserved. For example, anything that is not Recyclable Materials is a Contaminant if placed into
323 or found in a Recyclable Materials Collection Container. Similarly, anything that is not Organic Waste is a
324 Contaminant if placed into or found in an Organic Waste Collection Container.
325 1.40 Contractor. "Contractor' means Consolidated Disposal Services, L.L.C. d/b/a Republic
326 Services, which has entered into this Agreement.
327 1.41 County. "County" means Los Angeles County, California.
328 1.42 Customer. "Customer" means the owner, occupant or user of premises at which MSW or
329 recyclable materials are generated and then collected by Contractor. Customers include Residential
330 Customers, Multifamily Customers, and Commercial Customers. City is also a receiver of Collection Services
331 but not a Customer.
332 1.43 Dispose or Disposal. "Disposal" or "Dispose" means the final disposition of Solid Waste at
333 a permitted Landfill or other permitted Solid Waste disposal facility, as defined in California Public Resources
334 Code 40192(b).
335 1.44 Disposal Facility. "Disposal Facility" means the place or places listed in Exhibit 9 as
336 City -approved locations for the Disposal of Garbage or other materials as appropriate and acceptable.
337 1.45 Diversion or Divert. "Diversion" or "Divert" means the programs and activities that reduce
338 or eliminate the Disposal of Solid Waste in landfills, which can include source reduction, reuse, salvage,
339 Recycling, and Composting.
340 1.46 Diversion Compliance. "Diversion Compliance' means Compliance with Diversion
341 requirements under the Act and applicable CalRecycle regulations. Should there be a Change in Law for
342 Diversion Compliance, Contractor may request a rate adjustment pursuant to Section 30.01.1.
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343 1.47 Dwelling Unit. "Dwelling Unit' means a building or part of a building designed for residential
344 use by a single independent housekeeping unit and having separate exterior access, toilet, and facilities for
345 cooking and sleeping.
346 1.48 Edible Food. "Edible Food" has the same meaning as found in Section 8.32.020 of the
347 Municipal Code. Edible Food means food intended for human consumption. For purposes of this Agreement,
348 Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or
349 authorizes the recovery of food that does not meet the food safety requirements of the California Retail Food
350 Code.
351 1.49 Edible Food Recovery. "Edible Food Recovery" means the actions to collect and distribute
352 Edible Food and distributing it to local food recovery organizations from places where it would otherwise go
353 to waste such as, but not limited to, restaurants, grocery stores, produce markets, school cafeterias, or dining
354 facilities.
355 1.50 Effective Date. "Effective Date of Agreement' shall mean the date on which the Agreement
356 is signed by the duly authorized representatives and the parties and delivered by the last of the parties to sign
357 and deliver.
358 1.51 Electronic Waste (E -Waste). "E -Waste" means electronic equipment such as stereos,
359 televisions, computers, and other similar items collected from SFD Service Units.
360 1.52 Exempt Waste. "Exempt Waste' means "Excluded Waste' as defined in Section 8.32.020
361 of the Municipal Code and Biohazardous or Biomedical Waste, Hazardous Waste, Sludge, automobiles,
362 automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead -acid batteries, dead
363 animals, and those wastes under the control of the Nuclear Regulatory Commission.
364 1.53 Food Waste "Food Waste' means (1) food scraps including all edible or inedible food such
365 as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread,
366 cheese, coffee grounds, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are
367 Source Separated from other Food Scraps, and (2) food -soiled paper, which is compostable paper material
368 that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper
369 coffee cups, napkins, and pizza boxes.
370 1.54 Reserved.
371 1.55 Franchise Fee. "Franchise Fee' means the fee stated in Section 4.03.1 of this Agreement
372 that Contractor has voluntarily agreed to pay in consideration of the exclusive rights granted by the City under
373 this Agreement.
374 1.56 Garbage. "Garbage' means all putrescible and non-putrescible solid, semi-solid and
375 associated liquid waste generated or accumulated through the normal activities of a premises. Garbage does
376 not include Recyclable Materials, Organic Waste, or Bulky Waste, that is source -separated and set out for
377 purposes of collection and recycling.
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378 1.57 Green Waste. "Green Waste" means grass clippings, leaves, landscape and prunings
379 waste, wood materials from trees and shrubs, and other forms of organic materials generated from
380 landscapes or gardens.
381 1.58 Gross Revenue. "Gross Revenue' means all monetary amounts actually collected or
382 received by Contractor for the provision of Integrated Solid Waste Handling Services pursuant to this
383 Agreement, including but not necessarily limited to: all receipts from Service Recipients, inclusive of late
384 charges, contamination charges, Franchise Fees or any other cost of doing business. "Gross Revenue', for
385 purposes of this Agreement, does not include any fee or charge levied by the City directly on Service
386 Recipients to mitigate costs incurred by City which is billed, collected and remitted to City by Contractor, or
387 revenues generated from the sale of Recyclable Material, Compost or energy, grants, cash awards, State of
388 California Department of Conservation payments, or rebates resulting from the performance of this
389 Agreement.
390 1.59 Hazardous Waste. "Hazardous Waste' has the same meaning as set forth in Section
391 8.32.020 of the Municipal Code. Hazardous Waste shall have the meaning set forth in California Code of
392 Regulations, Title 14 §17225.32 and Health and Safety Code §25117, or successor laws and regulations as
393 may be amended from time to time.
394 1.60 Holiday. "Holiday" means New Year's Day, President's Day, Memorial Day, Independence
395 Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day recognized by
396 resolution of the City Council as a day on which waste Collection Service will not be provided until the following
397 day, excluding Sunday.
398 1.61 Home Compost Bin. "Home Compost Bin" means a portable durable container purchased
399 by the Contractor, and distributed to SFD or MFD/MXD Service Recipients as requested, and stored and
400 distributed by the Contractor to SFD or MFD/MXD Service Recipients for use by those Service Recipients to
401 compost Organic Waste at their premises.
402 1.62 Household Hazardous Waste. "Household Hazardous Waste" means that waste resulting
403 from products purchased by the general public for household use which, because of its quantity, concentration
404 or physical, chemical or infectious characteristics, may pose a substantial known or potential hazard to human
405 health or the environment when improperly treated, disposed or otherwise managed, or, in combination with
406 other Solid Waste, may be infectious, explosive, poisonous, caustic, toxic, or exhibit any of the characteristics
407 of ignitability, corrosivity, reactivity, or toxicity as per California Code of Regulations Title 22, Division 4.5,
408 Chapter 11, Section 66261.3.
409 1.63 Integrated Solid Waste Handling Services. "Integrated Solid Waste Handling Services'
410 means the collection of Garbage, Recyclable Materials, and Organic Waste within the corporate limits of City;
411 the transportation of such material to appropriate places for processing, recycling, composting and/or
412 disposal; and the processing of materials.
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413 1.64 Kitchen Food Waste Pail. "Kitchen Food Waste Pail' means a plastic receptacle with a
414 rated capacity not exceeding two and one-half (2.5) gallons, having a hinged lid, suitable for use in a SFD
415 Service Unit for temporary storage of SFD Organic Waste that is approved for such purpose by City.
416 1.65 Manure. "Manure" means stable bedding and other waste matter normally accumulated
417 and associated with stables or in livestock.
418 1.66 Materials Recovery Facility. "Materials Recovery Facility (MRF)" means a facility listed in
419 Exhibit 9 to which commingled Solid Waste, Organic Waste and Recyclable Materials are brought for
420 separation into marketable Recyclable Materials.
421 1.67 Maximum Service Rate. "Maximum Service Rates' means the maximum amount that
422 Contractor may charge Service Recipients for Integrated Solid Waste Handling Services, as listed in Exhibit
423 1, and as may be adjusted in accordance with the provisions of this Agreement.
424 1.68 Mixed Waste Processing Facility. "Mixed Waste Processing Facility' means a State -
425 permitted commercial Solid Waste facility listed in Exhibit 9 which accepts and processes Unicycling for
426 diversion from landfill disposal. The City reserves its Flow Control Rights over the Mixed Waste Processing
427 Facility.
428 1.69 Multi -Family Dwelling (MFD) Collection Service "Multi -Family Dwelling (MFD) Collection
429 Service" means MFD Solid Waste Collection Service serves a Multi -Family Dwelling, and specifically includes
430 the following, MFD Garbage Collection Service, MFD Bulky Item Collection Service, MFD Organic Waste
431 Collection Service, and MFD Recycling Service:
432 A. MFD Garbage Collection Service. "MFD Garbage Collection Service' means the
433 Collection of Garbage, by Contractor, from MFD Service Units in the Service Area and the delivery of that
434 Garbage to a Disposal Facility.
435 B. MFD Bulky Waste Collection Service. "MFD Bulky Waste Collection Service'
436 means the periodic on-call Collection of Bulky Waste , by Contractor, from MFD Service Units in the Service
437 Area and the delivery of those Bulky Waste to a Disposal Facility, Materials Recovery Facility or such other
438 facility as may be appropriate under the terms of this Agreement. MFD Bulky Waste Collection Service may
439 include the Collection of Bulky Waste using Roll -Off Containers.
440 C. MFD Organic Waste Collection Service. "MFD Organic Waste Collection Service"
441 means the Collection of Organic Waste, by Contractor, from MFD Service Units in the Service Area, the
442 delivery of those Organic Waste materials to an Organic Waste Processing Facility and the processing and
443 marketing of those Organic Waste materials, and the disposal of all MFD Organic Waste Processing
444 Residue.
445 D. MFD Recycling Service. "MFD Recycling Service" means the Collection of
446 Recyclables Materials by the Contractor from MFD Service Units in the Service Area, the delivery of those
447 Recyclable Materials to a Materials Recovery Facility and the processing and marketing of those Recyclable
448 Materials, and the disposal of all MFD Recyclables Materials Processing Residue.
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449 1.70 Municipal Code. "Municipal Code" means the City of Rosemead Municipal Code.
450 1.71 Non -Collection Notice. "Non -Collection Notice' means a written notice approved by the
451 Agreement Administrator that notifies a Service Recipient of the reason Contractor did not Collect Solid Waste
452 set out for Collection.
453 1.72 Organic Waste. "Organic Waste' has the same meaning as set forth in Section 8.32.020
454 of the Municipal Code and means Food Waste, Green Waste, Wood Waste, and food -soiled paper waste that
455 is mixed in with Food Waste.
456 1.73 Orqanic Waste Collection Service. "Organic Waste Collection Service' means the
457 Collection of Organic Waste from Service Units and processing at an Organic Waste Processing Facility, and
458 the disposal of all Organic Waste Processing Residue.
459 1.74 Organic Waste Processing Facility. "Organic Waste Processing Facility" means any facility
460 designed, operated and legally permitted for the purpose of receiving and processing Food Waste, Green
461 Waste, and Organic Waste listed in Exhibit 9. The City shall designate the Organic Waste Processing Facility
462 for the Contractor to deliver Collected Organic Waste material under this Agreement.
463 1.75 Overage. "Overage' means Solid Waste set out for Collection either on top of or outside of
464 a Container or in any manner that prevents the Container lid from completely closing or potentially cause
465 Solid Waste to spill during Collection by Contractor's vehicles.
466 1.76 Premises. "Premises" means any land or building in the City where waste is generated or
467 accumulated.
468 1.77 Prohibited Container Contaminants. 'Prohibited Container Contaminants" means any of
469 the following but does not include Organic Waste specifically allowed for Collection in a Container that is
470 required to be transported to a high diversion organic waste processing facility if the waste is specifically
471 identified as acceptable for Collection in that Container in a manner that complies with the requirements of
472 14 CCR Section 18984.1, 18984.2, or 18984.3. (A) Non -Organic Waste placed in a Collection Container
473 designated for Organic Waste provided pursuant to 14 CCR Section 18984.1 or 18984.2; (B) Organic Wastes
474 that are, carpet, hazardous wood waste, or non-compostable paper placed in the Collection Container that is
475 part of an Organic Waste Collection Service provided pursuant to 14 CCR Section 18984.1 or 18984.2; (C)
476 Organic Wastes, placed in a Collection Container designated for Garbage, that pursuant to 14 CCR Section
477 18984.1 or 18984.2 were intended to be Collected separately in a Collection Container designated for Organic
478 Waste or Recyclable Materials; (D) Organic Wastes placed in the Collection Container designated for
479 Recyclable Materials shall be considered Prohibited Container Contaminants when those wastes were
480 specifically identified in this Agreement, or through local ordinance for Collection in the Container designated
481 for Organic Waste, or mutually agreed to and promulgated by the City and Contractor. Paper products,
482 printing and writing paper, wood and dry lumber may be considered acceptable and not considered Prohibited
483 Container Contaminants if they are placed in Collection Container designated for Recyclable Materials; and
484 (E) Exempt Waste placed in any Collection Container.
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485 1.78 Quarter. "Quarter" means a three-month period during a calendar year. The first Quarter is
486 January through March. The second Quarter is April through June. The third Quarter is July through
487 September. The fourth Quarter is October through December.
488 1.79 Rate Year. "Rate Year' means the period July 1s' to June 30th, for each year during the
489 Term of this Agreement, except the first year which begins on August 1, 2023.
490 1.80 Recyclable Materials. "Recyclable Materials" means those materials that are separated
491 from Solid Waste prior to disposal to be recycled consistent with the requirements of the Act. Recyclable
492 Materials that can be placed in the Recycling Container are listed in Exhibit 12, and any other items as
493 determined by the Agreement Administrator.
494 1.81 Recycling. "Recycling" means the process of collecting, sorting, cleansing, treating and/or
495 marketing Recyclable Materials that would otherwise become Garbage, and returning them to the economic
496 mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality
497 standards necessary to be used in the marketplace. The collection, transportation or disposal of Solid Waste
498 not intended for, or capable of, reuse is not Recycling. "Recycling" does not include transformation as defined
499 in Public Resource Code Section 40201.
500 1.82 Residential Collection Service."Residential Collection Service" means ongoing regularly
501 scheduled collection of Solid Waste by an Exclusive Franchise from Residential Service Units and MFD
502 Service Units and the delivery of that Solid Waste to a Disposal Facility, Recycling Facility, and/or Organics
503 Processing Facility.
504 1.83 Residential Premises. "Residential Premises' means: (i) any building or structure, or
505 portion thereof, that is used for residential housing purposes and has four (4) or fewer distinct living units; and
506 (ii) any multiple unit residential complex which, with the prior written approval of the City Manager, receives
507 Integrated Solid Waste Handling Services using standard residential Containers.
508 1.84 Residual or Residuals. "Residual" or "Residuals" means Solid Waste that is not Diverted
509 from landfill Disposal after it has been delivered to an Organic Waste Processing Facility or a Recyclables
510 Processing Facility for processing for Diversion from landfill Disposal. Residual does not include Recyclable
511 Materials or Organic Material that is processed for Diversion but lacks an available market.
512 1.85 Roll -Off Container. "Roll -Off Container" means a metal container with a capacity of ten (10)
513 or more cubic yards that is normally loaded onto a specialized Collection vehicle and transported to an
514 appropriate facility.
515 1.86 SB 1383. "SB 1383" means State of California Senate Bill 1383 Short-lived Climate
516 Pollutants: Organic Waste Reductions, approved September 19, 2016.
517 1.87 Self -Haul. "Self -Haul" means collection of Solid Waste by the resident, owner, or occupant
518 of the Premises on which the Solid Waste was generated pursuant to a City -issued permit and in accordance
519 with the requirements of the Municipal Code.
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520 1.88 Service Area. "Service Area" means that area within the city limits of the City of Rosemead
521 designated by City as the Service Area.
522 1.89 Service Recipient. "Service Recipient" means an individual or entity receiving Collection
523 Service.
524 1.90 Service Unit. "Service Unit" means a single subscriber to Contractor's Integrated Solid
525 Waste Handling Services. SFD Service Units, MFD Service Units, MXD Service Units, City Service Units or
526 Commercial Service Units. Service Unit specifically includes the following:
527 A. City Service Unit. "City Service Unit" means a City Facility(ies) that utilize a Bin,
528 Cart, or Roll -Off Container(s) for the accumulation and set -out of Solid Waste. City Service Units are the
529 properties set forth in Exhibit 3 and may be modified by written notice to Contractor by the City.
530 B. Commercial Service Unit. "Commercial Service Unit" means all retail,
531 professional, wholesale and industrial facilities, and other commercial enterprises offering goods or
532 services to the public that utilize a Garbage Bin, Cart, Compactor, Roll -Off Container for the
533 accumulation and set -out of Commercial Solid Waste.
534 C. Multi -Family Dwelling and MFD Service Unit "Multi -Family Dwelling" and "MFD"
535 shall mean any building or structure, including but not limited to Mobile Home Parks, or portion thereof,
536 used for residential purposes having five (5) or greater distinct living units.
537 D. MXD (Mixed-use Development) Service Unit. "MXD (Mixed-use Development)
538 Service Unit" means a mix of Commercial Service Units and five (5) or greater Dwelling Units in the
539 Service Area utilizing any combination of Collection Containers for the accumulation of and set out of
540 Solid Waste.
541 E. SFD Service Unit. "SFD Service Unit" means any Single -Family Dwelling Unit in
542 the Service Area utilizing a Cart for the accumulation and set out of Solid Waste originating from SFD
543 Residential Premises.
544 1.91 SFD Collection Service. "SFD Collection Service" means SFD Garbage Collection Service,
545 SFD Recycling Service, SFD Organic Waste Collection Service, and SFD Bulky Item Collection Service.
546 A. SFD Garbage Collection Service. "SFD Garbage Collection Service" means the
547 Collection of Garbage, by Contractor, from SFD Service Units in the Service Area and the delivery of that
548 Garbage to a Disposal Facility.
549 B. SFD Bulky Waste Collection Service. "SFD Bulky Waste Collection Service' means
550 the periodic on-call Collection of Bulky Waste , by Contractor, from SFD Service Units in the Service Area
551 and the delivery of those Bulky Waste to a Disposal Facility, Materials Recovery Facility or other such
552 facility as may be appropriate under the terms of this Agreement. SFD Bulky Waste Collection Service
553 does not include the Collection of Bulky Waste using Roll -Off Containers.
554 C. SFD Organic Waste Collection Service. "SFD Organic Waste Collection Services"
555 means the Collection of Organic Waste, by Contractor, for SFD Service Units in the Service Area, the
556 delivery of those Organic Waste Materials to an Organic Waste Processing Facility and the processing
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557 and marketing of those Organic Waste materials, and the disposal of all SFD Organic Waste Processing
558 Residual.
559 D. SFD Recycling Service. "SFD Recycling Service" means the Collection of
560 Recyclable Materials, including dry cell household batteries when set out by the Service Recipient in heavy
561 duty plastic bags and placed on the Recycling Cart, by the Contractor from SFD Service Units in the
562 Service Area, the delivery of those Recyclable Materials to a Materials Recovery Facility and the
563 processing and marketing of those Recyclable Materials.
564 1.92 Single-family Dwelling or SFD. "Single-family/duplex dwelling' or "SFD" means any
565 residential premises with fewer than five (5) units single attached dwelling units, each designed for use by
566 one bona fide housekeeping group.
567 1.93 Sludge. "Sludge' means the accumulated solids, residues, and precipitates generated as
568 a result of waste treatment or processing, including wastewater treatment, water supply treatment, or
569 operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease
570 traps, privies, or similar disposal appurtenances or any other such waste having similar characteristics or
571 effects.
572 1.94 Solid Waste. "Solid Waste' means all putrescible and non-putrescible solid, semisolid, and
573 liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and
574 construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances,
575 dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, Manure, vegetable or
576 animal solid and semisolid wastes, and other discarded solid and semisolid wastes, as set forth in California
577 Public Resources Code Section 40191(a)(b), as amended from time to time. Solid Waste includes Recyclable
578 Materials but does not include (1) Hazardous Waste; (2) radioactive waste regulated pursuant to the Health
579 and Safety Code Section 114960 et seq.; and (3) medical waste regulated pursuant to the Health and Safety
580 Code Section 117600 et seq.
581 1.95 Source Separated. "Source Separated" means materials that have been kept separate in
582 the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing in order
583 to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted
584 products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined
585 in 14 CCR Section 17402.5(b)(4).
586 1.96 SRRE (Source Reduction and Recycling Element). 'SRRE" means a formal planning
587 document that demonstrates how the City will comply with the Act's diversion goals.
588 1.97 Term. "Term' means the time period or duration which the Agreement is in effect.
589 1.98 Transfer Station. "Transfer Station" means the place or places listed in Exhibit 9 as City -
590 approved locations conveyance of Solid Waste Collected by Contractor into larger vehicles prior to
591 transportation of the Solid Waste to a Disposal Facility or Processing Facility.
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592 1.99 Unicycling. "Unicycling" means a method of separating trash and recyclable materials in a
593 single Collection Container. Trash materials are collected in bags and deposited into the Collection Container
594 and recyclable materials are deposited into the Collection Container loose and unbagged.
595 1.100 Universal Waste or U -Waste. "U -Waste" means electronic devices, dry -cell batteries, non -
596 empty aerosol cans, fluorescent lamps, and fluorescent bulbs, mercury thermostats, and other mercury
597 containing equipment.
598 1.101 Waste. "Waste' means the useless, unused, unwanted or discarded material and debris
599 resulting from normal residential and commercial activity or materials which, by their presence, may injuriously
600 affect the health, safety, and comfort of persons or depreciate property values in the vicinity thereof.
601 1.102 Waste Generator. "Waste generator" means any person, as defined by the most current
602 version of the Public Resources Code, whose act or process produces solid waste as defined in that same
603 code, or whose act first causes solid waste to become subject to regulation.
604 1.103 Waste Reporting System (WRS) "Waste Reporting System" means the electronic data
605 recording and reporting system that Contractor uses to provide data and reports that this Agreement requires
606 Contractor to give to the City.
607 1.104 White goods. "White goods" means enamel -coated major appliances, such as washing
608 machines, clothes dryers, hot water heaters, stoves, and refrigerators.
609 1.105 Work Day. "Work Day' means any day, Monday through Saturday, that is not a Holiday as
610 set forth in Section 5.03 of this Agreement.
611 1.106 Wood Waste. "Wood waste' means Solid Waste consisting of stumps, large branches, tree
612 trunks, and wood pieces or particles that are generated from the manufacturing or production of wood
613 products, harvesting, processing or storage of raw wood materials, or construction and demolition activities.
M
Article 2. Term of Agreement
615 2.01 Term of Agreement. The term of this Agreement will be fora ten (10) year period beginning
616 August 1, 2023 and terminating on June 30, 2033. Contractor shall commence performance of its Collection
617 Service obligations under this Agreement on August 1, 2023 ("Commencement Date').
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618 Article 3. Conditions Governing Services Provided by Contractor
619 3.01 Grant of Exclusive Agreement City hereby grants to Contractor, on the terms and
620 conditions set forth herein including the limitations set forth in sections 3.02 and 3.03, the exclusive franchise,
621 right and privilege to collect, remove and dispose of, in a lawful manner, Solid Waste, Recyclable Materials,
622 and Organic Materials accumulating in the City's Service Area that are required to be accumulated and offered
623 for collection to the Contractor in accordance with the City's Municipal Code, for the Term of and within the
624 scope set forth in this Agreement.
625 3.02 Recyclable Materials Orqanic Waste and Bulky Waste Discarded by Service Recipients.
626 This Agreement shall not prohibit any person from selling Recyclable Materials or Organic Waste or giving
627 Recyclable Materials or Organic Waste away to persons or entities other than Contractor. However, in either
628 instance: (1) the Recyclable Materials or Organic Waste must be source separated from and not mixed with
629 other Solid Waste; and (2) the seller/donor may not pay the buyer/donor any consideration for collecting,
630 processing or transporting such Recyclable Materials or Organic Waste. A discount or reduction in the price
631 for collection, disposal and/or recycling services for any form of un -segregated or segregated Solid Waste is
632 not a sale or donation of Recyclable Materials or Organic Waste and such Solid Waste does not qualify for
633 this exception. However, once the Recyclable Materials or Organic Waste have been placed in the Collection
634 Container and the Container set out for Collection, the Recyclable Materials or Organic waste become the
635 property of Contractor.
636 3.03 Exclusions to Exclusivity.
637 3.03.1 Specialized Recyclable Materials If Contractor is unable or unwilling to Collect and
638 process for diversion specialized materials, including, but not limited to, Organic Waste, metals, Construction
639 and Demolition Debris, laboratory waste, pallets and others, and which a third party is able to re -use or
640 Recycle, Service Recipients shall have the right to engage the third -party recycler to collect and Recycle
641 those Source -Separated Recyclable Materials provided that the diversion is verified by the City.
642 3.03.2 Recyclable Materials Sold By Commercial Generator. If the Waste Generator at a
643 Commercial Service Unit has source separated Recyclable Material, the Waste Generator is entitled to sell
644 that Recyclable Material or be otherwise compensated in a manner resulting in a net positive payment to the
645 Waste Generator, when such collector is permitted as appropriate under the City Municipal Code.
646 3.03.3 Byproducts of Food and Beverage Processing Under AB 3036 (2018), certain
647 byproducts from the processing of food or beverages from agricultural or industrial sources, provided they
648 do not include animal, including fish, processing byproducts, they are Source -Separated, they are not
649 discarded (meaning the generator may not pay the recipient any consideration, or accept a discount or
650 reduction in price for collecting, processing, or transporting such material), and they are used as animal feed,
651 are exempted from this Exclusive Franchise Agreement. Entities requesting exemption must apply to the
652 City and be any of the following: registered pursuant to Section 110460 of the Health and Safety Code, or
653 be exempted from registration pursuant to Section 110480 of the Health and Safety Code, or be a beer
654 manufacturer as defined in Section 23012 of the Business and Professions Code, or a distilled spirits
655 manufacturer, as defined in Section 23015 of the Business and Professions Code.
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656 3.03.4 Donated Solid Waste. Recyclable Materials, Organic Waste, or Bulky Waste which
657 is Source Separated at any premises by the waste generator and donated to youth, civic or charitable
658 organizations qualified as such pursuant to Federal law.
659 3.03.5 Gardening or Landscape Services. Green Waste removed from a premises by a
660 gardening, landscaping, or tree trimming company as an incidental part of a total service offered by that
661 company rather than as a hauling service.
662 3.03.6 Self -haul. Service Recipients may choose to self -haul Solid Waste to Disposal or
663 Processing Facilities, to the extent authorized by the Municipal Code..
664 3.04 Responsibility for Service Billing and Collection. Contractor is responsible for the billing
665 and collection of payments for Integrated Solid Waste Handling Services within the Service Area.
666 Article 4. Franchise Fees and Payments
667 4.01 Contractor's Payments to City. The Parties agree that all fees and any payments owed by
668 Contractor to City under this Agreement are the product of extensive negotiations and constitute valid
669 consideration for the rights and privileges granted to Contractor under this Agreement.
670 4.02 Reimbursement for the Cost of Procurement/Negotiation Process. Contractor shall
671 reimburse the City a one-time fee for the cost of the Franchise Agreement solicitation, evaluation, negotiation
672 and award process in an amount of Two Hundred Five Thousand dollars and no cents ($205,000.00) due
673 and payable on the thirty (30) day after the Effective Date of the Agreement.
674 4.03 Quarterly Fees and Payments. The following quarterly fees and payments shall be due and
675 payable on the last day of the month following the end of each Quarter for which the Integrated Solid Waste
676 Handling Services were provided; first such payment being due on October 31, 2023. The City Council may
677 adjust the Quarterly Fees by resolution, in which case Contractor shall be entitled to a rate adjustment as a
678 City -directed change in accordance with Section 30.01. The Quarterly Fees shall be accompanied at the time
679 of payment by a written report, in a format acceptable to the City, setting forth the calculations Contractor
680 used to determine the amount due and the basis for those calculations. Figures used in the report shall be
681 taken from Contractor's general books of account, and Contractor shall retain all supporting documentation
682 in accordance with the records retention requirements in Section 22.01.
683 4.03.1 Franchise Fee. Contractor shall pay the City a quarterly Franchise Fee equal to ten
684 percent (10%) of the Gross Revenue received by the Contractor from Integrated Solid Waste Handling
685 Services provided in the City pursuant to this Agreement. The amount of the Franchise Fee may be adjusted
686 by mutual agreement of the City and Contractor through a written amendment to this Agreement. In the
687 event that the City and Contractor agree to an adjustment to the amount of the Franchise Fee during the
688 term of this Agreement, Contractor may, in its sole discretion, include an amount equal to the adjustment in
689 compensation via payment of Maximum Service Rates by Service Recipients as set forth in Article 6 and
690 Exhibit 1.
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691 4.04 Annual Fees and Payments. On each anniversary of the Commencement Date, each of
692 the annual fees and payments shall increase by the same percentage that the Maximum Service Rate
693 increases for that same Calendar Year.
694 4.04.1 SB 1383 Fees and Payments. The SB 1383 annual fees and payments of Two
695 Hundred Sixty Five Thousand Dollars ($265,000) shall be due and payable on August 1 of each calendar
696 year, the first such payments being due on August 1, 2023. City reserves the right to adjust this fee from
697 time to time.
698 4.04.2 Mitigation Fees and Payments. The City hereby reserves the right to adopt and levy
699 a fee to mitigate any unreimbursed cost of administering the Agreement, or costs incurred by City to
700 ameliorate impacts from Integrated Solid Waste Handling Services on the City, whether from negative
701 impacts to aesthetics, noise, pollution, contamination or other reasonable and necessary costs incurred by
702 City related to Integrated Solid Waste Handling Services. In the event a mitigation fee is adopted by City in
703 compliance with California Constitution Article XIII D (Proposition 218) or other Applicable Law, then
704 Contractor shall include such fee in its monthly billing beginning in July or such other date as agreed upon
705 by the Parties, and Contractor shall collect such fee and remit the amount to City monthly thereafter. City
706 reserves the right to adjust this fee from time to time.
707 4.05 Time and Method of Payment. Contractor shall pay all amounts owed under this Article
708 without prior notice or demand and without abatement, deduction, offset or credit in lawful money of the United
709 States, on or before the applicable due date, unless the due date lands on a weekend or Holiday, in which
710 case the due date shall be the next Business Day. If sent by U.S. mail, the remittance must be post -marked
711 on or before the due date. If hand -delivered, Contractor must request and receive a date-stamped receipt
712 from the City by 5:00 p.m. on the due date.
713 4.06 Late Payments. In the event Contractor fails to pay the City any amounts owed under this
714 Article on or before the applicable due date, then in addition to the amounts already owed, Contractor shall
715 pay a penalty as specified in Exhibit 6, except to the extent that such lateness is due to extenuating
716 circumstances. Contractor must submit any request for approval of a late payment in writing at least five (5)
717 Business Days prior to the date on which fees are due, and the request must be accompanied by a written
718 explanation of the extenuating circumstances and adequate supporting documentation. The City shall not
719 unreasonably withhold its approval and shall notify Contractor within three (3) business days of receiving the
720 request whether and to what extent the request has been approved.
721 4.06.1 Taxes and Utility Charges. The Contractor shall pay all taxes lawfully levied or
722 assessed upon or in respect of the operating assets or the Integrated Solid Waste Handling Services, or
723 upon any part thereof of upon any revenues necessary for the operation of the operating assets and the
724 provision of the Integrated Solid Waste Handling Services, when the same shall become due.
725 4.06.2 Franchise Fee Disputes. In the event of any disputes between the Contractor and
726 the City with respect to the fees described in this Article 4, the City shall provide the Contractor with written
727 objection within 180 days of the receipt of the written report described in Section 4.03, encompassing the
728 dispute amount. The City shall state its objections in writing with reference to the applicable portion(s) of the
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729 report and its reasons then known for its dispute. The Parties agree to meet and confer regarding any such
730 dispute.
731 4.07 In the event any City imposed fee is determined by a court to be excessive, invalid or
732 unenforceable (hereinafter "CIF"), then: (i) Contractor shall not charge or collect the future portion of such
733 CIF; (ii) to the extent the Customers are entitled to a reimbursement of any portion of such CIF, and City is
734 required to reimburse Contractor in the amount of such CIF previously remitted to City, thereafter, Contractor
735 shall directly reimburse all Customers entitled to reimbursement in the amount attributable to each Customer
736 account. In no event shall Contractor retain any portion of the fees reimbursed by City; (iii) to the extent the
737 Customers are entitled to a reimbursement of such CIF, and City is required by a court to directly reimburse
738 Customers, Contractor shall assist City in identifying all Customers entitled to a reimbursement, quantifying
739 the reimbursement amount attributable to each Customer account, and obtaining and providing to City any
740 other information needed to satisfy the obligations imposed by a court; and (iv) City and Contractor will, within
741 thirty (30) days following such court decision meet and confer to negotiate in good faith and using reasonable
742 efforts to attempt to agree on modifications to the Agreement.
743 Article 5. General Requirements
744 5.01 Service Standards. Contractor must perform all Integrated Solid Waste Handling Services
745 under this Agreement in a thorough and professional manner as described in Article 25, while meeting the
746 minimum performance and diversion standards listed in Article 17 according to the Sustainability and
747 Compliance Plan (Exhibit 10) developed by the Contractor and approved by the City.
748 5.02 Labor and Equipment. Contractor must provide and maintain all labor, equipment, tools,
749 facilities, and personnel supervision required for the performance of Contractor's obligations under this
750 Agreement. Contractor must always have sufficient backup equipment and labor to fulfill Contractor's
751 obligations under this Agreement. No compensation for Contractor's services or for Contractor's supply of
752 labor, equipment, tools, facilities or supervision will be provided or paid to Contractor by City or by any Service
753 Recipient except as expressly provided by this Agreement.
754 5.03 Holiday Service, The City observes New Year's Day, President's Day, Memorial Day,
755 Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day as legal holidays.
756 Contractor is not required to provide Integrated Solid Waste Handling Services or maintain office hours on
757 the designated holidays. In any week in which one of these holidays falls on a Work Day, SFD Collection
758 Services for the holiday and each Work Day thereafter will be delayed one Work Day for the remainder of the
759 week with normally scheduled Friday SFD Collection Services being performed on Saturday. Commercial
760 Collection Services will be adjusted as set forth in Article 12 but must meet the minimum frequency
761 requirements of one (1) time per week. Integrated Solid Waste Handling Services will not take place on
762 Sundays, unless previously authorized by the Agreement Administrator.
763 5.04 Inspections. The City has the right to inspect Contractor's facilities or Collection Vehicles
764 and their contents used to provide services pursuant to this Agreement at any reasonable time while operating
765 inside or outside the City without advance notice to the Contractor.
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766 5.05 Commingling of Materials.
767 5.05.1 SFD Materials Collected in Rosemead. Contractor may not at any time commingle
768 any SFD materials Collected pursuant to this Agreement with any other material Collected by Contractor
769 inside or outside the City of Rosemead without the express prior written authorization of the Agreement
770 Administrator,
771 5.05.2 Commercial Garbage Materials Collected in Rosemead Contractor may commingle
772 Commercial garbage materials collected pursuant to this Agreement with other materials collected outside
773 the City of Rosemead, provided that Contractor tracks the tonnage of Commercial material collected inside
774 the City of Rosemead separately using a City -approved allocation methodology. Changes to the allocation
775 methodology may only be made with the express prior written authorization of the Agreement Administrator.
776 5.05.3 Recyclable Materials. Subject to Sections 10.08.2 and 12.04.4, Contractor may not
777 at any time commingle SFD or Commercial Recyclable Materials Collected pursuant to this Agreement with
778 any other material type Collected by Contractor without the express prior written authorization of the
779 Agreement Administrator.
780 5.05.4 Organic Waste. Subject to Sections 10.09.4 and 12.05.7, Contractor may not at any
781 time commingle SFD or Commercial Organic Waste Collected pursuant to this Agreement with any other
782 material type Collected by Contractor, without the express prior written authorization of the Agreement
783 Administrator.
784 5.05.5 Commingled Garbage and Recyclables. Only in special circumstances in which
785 separate Collection Containers pose a challenge due to space or logistical constraints, and with prior written
786 authorization of the Agreement Administrator, Contractor may Collect Commercial Garbage and Recyclable
787 Materials in the same Collection Container, using a Split -bin or Unicycling, for the purposes of processing
788 Recyclable Materials for diversion.
789 5.06 Recyclable Materials and Organic Waste Contamination. Contractor must offer the Service
790 Recipients the correct combination of Cart and Bin sizes and collection frequency beyond the minimum
791 bundled service requirements as necessary, that matches their unique service needs to reduce contamination
792 of Recyclable Materials and Organic Waste, and provide service at least cost to Service Recipient. To support
793 City's diversion goals and Contractor's Diversion Requirements as set forth in Section 8.02, Contractor is only
794 required to collect and process Recyclable Materials if they have been separated by the Service Recipient
795 from Garbage and Organic Waste and will only be required to collect Organic Waste if it has been Source
796 Separated by the Service Recipient from Garbage and Recyclable Materials.
797 As part of Contractor's Public Education Services under Section 20.02, Contractor has agreed to provide
798 outreach and support to Service Recipients as described in the Contractor's Sustainability and Compliance
799 Plan provided as Exhibit 10 and Outreach and Education Plan provided as Exhibit 11. Additionally,
800 Contractor's route collection personnel will report to Contractor's supervisors if they observe potential
801 contamination problems, and/or insufficient collection capacity. For purposes of determining if Recyclable
802 Materials or Organic Waste are deemed to be contaminated, if, by visual or digital inspection, Recyclable
803 Materials are commingled with ten percent (10%) by weight or volume of Garbage or Organic Waste, or if, by
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804 visual inspection, Organic Waste is commingled with three percent (3%) by volume of Garbage or Recyclable
805 Materials, then Recyclable Materials and/or Organic Waste will be deemed to be contaminated and
806 Contractor may take the following steps:
807 5.07 Violations by Service Recipients. The following provisions will apply to all Commercial,
808 MFD, MXD, and SFD Service Recipients.
809 5.07.1 First and Second Occurrence. For the first and second occurrence within any rolling
810 12 -month period of contamination for a particular container (i.e., Recyclable Materials or Organic Waste),
811 Contractor must collect the contaminated container (as Solid Waste) and must affix a Contamination
812 Violation Notice to the contaminated container which contains instructions on the proper procedures for
813 sorting Recyclable Materials or Organic Waste, and must notify the Service Recipient by phone, U.S. mail,
814 e-mail, or in person (which may be a container tag), that for the third and subsequent incidents of excess
815 contamination, the Service Recipient may be charged a contamination fee for the contaminated container,
816 and Contractor may increase the Collection Container size, or require an additional Collection Container.
817 Contractor's representative must also contact the Service Recipient by phone, U.S. mail, e-mail, or in person
818 (which may be a container tag) to ensure that they have the appropriate level of service for proper collection
819 of Recyclable Materials and/or Organic Waste. Contractor must also document the contamination issue in
820 the Waste Reporting System provide digital1visual documentation to the Service Recipient that clearly
821 documents the Service Recipient's on-going contamination problems.
822 5.07.2 Third Occurrence. For the third or subsequent occurrence within any rolling 12-
823 month period of contamination for a particular container (i.e., Recyclable Materials or Organic Waste),
824 Contractor must collect the contaminated Container (as Solid Waste) and must charge the Service Recipient
825 a contamination fee as set forth in Exhibit 1. Contractor must continue providing the Recyclable Materials or
826 Organic Waste Collection Services. Contractor must provide (or have provided) digital/photographic
827 documentation to the Service Recipient that clearly documents the Service Recipient's on-going
828 contamination problems and written Notices of contamination as described above. Contractor may increase
829 the Container size or collection frequency and impose a contamination surcharge on the account for a period
830 of six months or until the Service Recipient has demonstrated no contamination for a period of three
831 consecutive months. Contractor must document contamination issue and surcharge in Waste Reporting
832 System and notify City within five (5) Business Days if Contractor increases the Container size or collection
833 frequency for excessive contamination or imposes the contamination surcharge to the account. City will
834 consult with Contractor and consider, and pursue as applicable, appropriate legal remedies against offending
835 Service Recipients to secure discontinuance of the contamination.
836 5.08 Tracking Occurrences of Contamination Regarding Section 5.07, each Contamination
837 occurrence is tracked annually per Calendar Year, and resets at the start of each Calendar Year if
838 contamination occurrences are not active and consecutive. Where contamination is occurring, and
839 occurrences are consecutive and unremedied their count shall continue across Calendar Years until remedy
840 occurs. In this case, once the Service Recipient has demonstrated no contamination for a period of three
841 consecutive months the tracking calendar will reset.
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842 5.09 Disputes Over Excess Contamination Charges If Service Recipient disputes a
843 contamination charge (which must be within 30 days of them being assessed), Contractor will temporarily halt
844 any contamination charge and/or increased Maximum Service Rate resulting from increasing the Collection
845 Container size, or collection frequency, and Contractor may request a ruling by the City Manager to resolve
846 the dispute. During the pendency of any request, Contractor may restore Container size or number, or
847 collection frequency to the prior levels. A request by Contractor to the City Manager to rule on any such
848 dispute must be filed within ten (10) Business Days of Contractor's halting of contamination charge, or
849 increased Maximum Rate, and must include written documentation and digital/visual evidence of ongoing
850 overall problems. The City Manager may request a meeting (in person or phone) with both the Service
851 Recipient and Contractor to resolve the dispute. Following such a meeting, the City Manager will rule on the
852 dispute within ten (10) Business Days, and the City Manager's decision on resolving the dispute between and
853 Service Recipient will be final. If the City Manager rules in favor of the Service Recipient, Contractor will credit
854 the disputed contamination charges or increased Maximum Service Rate. If the City Manager rules in favor
855 of Contractor, Contractor may charge Service Recipient the prior halted contamination charge and/or
856 increased Maximum Service Rate resulting from increasing the Collection Container size or collection
857 frequency and may follow the steps in Section 7.07 for collection of delinquent accounts.
858 5.10 Container Overage and Correction Procedures. If a Customer is found to habitually
859 overflow their Collection Container(s), i.e., lid will not close, and/or material not contained within Container
860 Contractor may take the steps as listed below to correct Customers' on-going overflow of material. All
861 customers will be notified of Collection Overages. Contractor shall notify the City regarding Commercial,
862 MFD, and MXD customers that habitually overflow their Containers so that the City can take appropriate
863 action with such customers to secure discontinuance of the overages.
864 5.11 Overage and Correction Procedures. Contractor shall provide the Service Recipients the
865 correct combination of Collection Containers and collection frequency that matches each Service Recipient's
866 unique service needs to enable clean, efficient, and cost-effective collection of Solid Waste, Recyclable
867 Materials, and Organic Waste. City and Contractor agree that overflow of Solid Waste that is not properly in
868 the Service Recipient's Solid Waste Collection Containers negatively impacts public health and safety.
869 Contractor has also agreed to conduct recycling audits and provide outreach and support to Service Recipient
870 accounts receiving the correct service level. However, if Service Recipients are found to habitually overflow
871 their Solid Waste Collection Containers, Contractor may take the steps as listed below to correct Service
872 Recipient's on-going overflow of Solid Waste.
873 5.12 Prior Arrangements For Collection. If the Service Recipient has made prior arrangements
874 with Contractor for Collection of Solid Waste Overages, Contractor must collect such Overages as arranged,
875 and may charge the Service Recipient the Solid Waste Overage fee (prior arrangement) rate set forth in
876 Exhibit 1.
877 5.13 No Prior Arrangements. If the Service Recipient has not made prior arrangements with
878 Contractor for Collection of Solid Waste Overage, (i) Contractor may collect such Solid Waste Overage at no
879 additional charge as a courtesy, (ii) Contractor may not Collect the Solid Waste Overage and leave a Non -
880 Collection Notice explaining the reason for non -collection of the Solid Waste Overage, (iii) Contractor may
881 Collect the Solid Waste Overage (up to two lifts) and charge the Service Recipient the Solid Waste Overage
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882 fee (no prior arrangement) rate set forth in Exhibit 1 as provided below, or increase the capacity or frequency
883 of Collection of the existing Collection Container(s) to match documented service needs as provided below.
884 In managing Solid Waste Overages, the following apply:
885 5.13.1 SFD Service Recipients — Each Occurrence. For each occurrence Contractor will
886 not collect the Solid Waste Overage if the Collection Container could not be serviced by normal operating
887 procedures or cause spillage upon servicing and Contractor must provide the following written notice via e-
888 mail, U.S. mail, or in person (which may be by Non -Collection Notice) to the Service Recipient: (i) the date,
889 description and photograph of the Solid Waste Overage and document in the Waste Reporting System.
890 Contractor's Non -Collection Notice for SFD Service Recipients shall also contain instructions on (a) how to
891 schedule a Bulky Item Collection or (b) request an additional Collection Container to eliminate future
892 Overages.
893 5.13.2 Commercial and MFD/MXD Service Recipients — Each Occurrence Contractor
894 must provide a written notice on the Container and may provide a copy of the notice via e-mail, U.S. mail, or
895 in person (which may be by Non -Collection Notice) to the Service Recipient with the date, description and
896 photograph of the Solid Waste Overage. Contractor may collect the Solid Waste Overage and may charge
897 the Service Recipient a Solid Waste Overage fee as set forth in Exhibit 1, and increase the capacity, or
898 collection frequency of the Collection Container to match documented service needs. At least ten (10)
899 Business Days prior to increasing the Collection Container size, or frequency of Collection, Contractor's
900 representative must also contact the Service Recipient by phone, U.S. mail, e-mail or in person (which may
901 be by Non -Collection Notice) to ensure that Service Recipient has the appropriate level of service. Contractor
902 must document overage issue in the Waste Reporting System and notify City within ten (10) Business Days
903 of any changes in Service Recipient's Collection Container size or collection frequency. The increased
904 capacity or collection frequency will remain in effect until Contractor determines that it is no longer needed
905 to prevent overages, which may be longer than the one Calendar Year stated above. Such determination
906 will be in Contractor's sole but reasonable discretion and will be subject to the dispute resolution procedure
907 set forth below. City will consider, and pursue as applicable, appropriate legal remedies against offending
908 Service Recipients in order to secure discontinuance of the overages.
909 5.14 Tracking Occurrences of Solid Waste Overage. Regarding Sections 5.11 — 5.13 after
910 twelve (12) months have passed from the last applicable Solid Waste Overage occurrence, the next Solid
911 Waste Overage occurrence will be deemed a first Solid Waste Overage occurrence.
912 5.15 Disputes Over Container Overflow Charges. If Service Recipient disputes a Solid Waste
913 Overage charge or container size or collection frequency change within 30 days of the disputed action,
914 Contractor must temporarily halt Solid Waste Overage charge and/or increased Maximum Service Rate
915 resulting from increasing the Collection Container size or collection frequency, and Contractor may request a
916 ruling by the City Manager to resolve the dispute. During the pendency of any request, Contractor may restore
917 Container size or number, or collection frequency, to the prior levels. A request by Contractor to the City
918 Manager to rule on any such dispute must be filed within ten (10) Business Days of Contractor's halting of
919 Solid Waste Overage charge, or increased Maximum Rate, and must include written documentation and
920 digital/visual evidence of ongoing overall problems. The City Manager may request a meeting (in person or
921 phone) with both the Service Recipient and Contractor to resolve the dispute. Following such a meeting, the
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922 City Manager will rule on the dispute within ten (10) Business Days, and the City Manager's decision on
923 resolving the dispute between and Service Recipient will be final. If the City Manager rules in favor of the
924 Service Recipient, Contractor must credit the disputed charge or increased Maximum Service Rate. If the
925 City Manager rules in favor of Contractor, Contractor may charge Service Recipient the prior halted Solid
926 Waste Overage charge and/or increased Maximum Service Rate resulting from increasing the Solid Waste
927 Collection Container size or collection frequency and may follow the steps in Section 7.07 for collection of
928 delinquent accounts.
929 5.16 Ownership of Materials. Except as provided otherwise under Applicable Law, title to
930 Residential Waste, Commercial Solid Waste, Recyclable Materials, and Organic Waste will pass to Contractor
931 at such time as said materials are set out for Collection.
932 5.17 Spillage and Litter. Contractor may not litter premises in the process of providing Integrated
933 Solid Waste Handling Services or while its vehicles are on the road. Contractor must transport all materials
934 Collected under the terms of this Agreement in such a manner as to prevent the spilling or blowing of such
935 materials from Contractor's vehicles. Contractor must exercise all reasonable care and diligence in providing
936 Integrated Solid Waste Handling Services so as to prevent spilling or dropping of Residential Waste,
937 Commercial Solid Waste, Recyclable Materials, or Organic Materials and must immediately, at the time of
938 occurrence, clean up such spilled or dropped Residential Waste, Commercial Solid Waste, Recyclable
939 Materials, or Organic Materials.
940 5.17.1 Except as provided in Section 12.03.3, Contractor is not responsible for cleaning up
941 sanitary conditions caused by the carelessness of the Service Recipient, however, Contractor must clean
942 up any material or residue that is spilled or scattered by Contractor or its employees.
943 5.17.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris resulting
944 from Contractor's operations or equipment repair must be covered immediately with an absorptive material
945 and removed from the street surface. Contractor must document spillage in the Waste Reporting System
946 and notify City's stormwater compliance coordinator within ninety (90) minutes of any spills resulting from
947 Contractor's operations or equipment. When necessary, Contractor must apply a suitable cleaning agent
948 and cleaning technique to the street surface to provide adequate cleaning as approved by the City's
949 stormwater compliance coordinator to be compliant with the City's stormwater permit.
950 5.17.3 The above paragraphs notwithstanding, Contractor must clean up any spillage or
951 litter caused by Contractor within ninety (90) minutes upon notice from the City. If City deems necessary,
952 Contractor must engage third -party environmental clean-up specialist to remove any equipment oil, hydraulic
953 fluids, or any other liquid or debris that remains on street after Contractor's own clean-up efforts. If clean-up
954 is not conducted to satisfaction of City, City has right to engage environmental clean-up specialist to perform
955 additional clean-up work at the expense of Contractor. In the event of Contractor's spill or release of a
956 Hazardous Substance, Contractor is responsible for promptly notifying any federal, State, County, or local
957 governmental agency having jurisdiction over same as maybe be required under federal, State, County or
958 local law or regulation.
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959 5.17.4 In the event where damage to City streets is caused by a hydraulic fluid spill (i.e.,
960 any physical damage more than a simple cosmetic stain caused by the spill), Contractor shall be responsible
961 for all repairs to return the street to the same condition as that prior to the spill. Contractor shall be
962 responsible forall clean-up activities related to the spill. Repairs and clean-up shall be performed in a manner
963 satisfactory to the City and at no cost to the City.
964 5.17.5 To facilitate immediate cleanup, Contractor's vehicles must always carry enough
965 petroleum absorbent materials along with a broom and shovel.
966 5.18 Green and Organic Waste Capacity. Contractor shall use commercially reasonable efforts
967 to secure guaranteed capacity for all City Green and Organic Waste for the term of the Agreement using a
968 facility listed in Exhibit 9.
969 5.19 Regulations and Record Keeping. Contractor must comply with emergency notification
970 procedures required by Applicable Laws and regulatory requirements. All records required by regulations
971 must be maintained at Contractor's facility. These records must include waste manifests, waste inventories,
972 waste characterization records, inspection records, incident reports, and training records.
973 Article 6. Collection Service Rates
974 6.01 Collection Service Rates. Contractor is solely responsible for determining the rates it will
975 charge for providing the Integrated Solid Waste Handling Services, provided that Contractor shall not charge
976 any Service Recipient an amount that exceeds the applicable Maximum Service Rate set forth in Exhibit 1,
977 which may only be adjusted as provided in this Agreement.
978 6.02 Senior / Low -Income Discount as Contractor's Good Will. In exchange for the good will of
979 the City and the general public, Contractor voluntarily agrees to discount the rate it charges for Integrated
980 Solid Waste Handling Services provide to eligible Service Recipients (the "Discount") and that the Discount
981 shall neither impact the Maximum Service Rates nor be otherwise paid for or subsidized by any other Service
982 Recipients. Contractor shall make the Discount available to any person who demonstrates through
983 appropriate documentation thatthey are: (i) 60 years of age or older; or (ii) a person of low, lower, or extremely
984 low income, and enrolled in a discounted utility program; and (iii) the service account holder; and (iv) the head
985 of household and occupant at the Service Unit address. Within thirty (30) days of the Effective Date,
986 Contractor shall provide educational materials describing and explaining the availability and how to qualify for
987 and receive the Discount to all persons in the City currently subscribed to a discount rate program. Contractor
988 shall thereafter advertise the availability of the Discounted services on its website throughout the Term of this
989 Agreement and at least once per year by direct notice to all SFD Service Recipients. Adjustments to Maximum
990 Service Rates using CPI. Beginning on July 1, 2024, and annually thereafter, Contractor shall, subject to
991 compliance with all provisions of this Section, receive an annual adjustment to the Maximum Service Rates
992 as set forth in Exhibit 1 to this Agreement.
993 6.03 Maximum Service Rate Adjustment / Prop 218 Process. The Maximum Service Rates in
994 Exhibit 1 shall be adjusted on July 1, 2024, and annually thereafter in accordance with this Section 6.04. No
995 other adjustments shall be made except as provided in Sections 6.06 or 30.01. Contractor understands and
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996 agrees that City may elect to or be required to comply with California Constitution Article XIII D (Proposition
997 218) or other Applicable Law before approving any new maximum service rate or any maximum service rate
998 increase. City shall not be in breach of this Agreement if its residents lawfully delay or prevent City from
999 raising or imposing the rates. In such event, City and Contractor shall meet in good faith to consider
1000 alternatives and options, which may include permitting Contractor to terminate the Agreement without cause.
1001 All costs incurred in providing notices required under California Constitution Article XIII D or other applicable
1002 law in connection with a rate adjustment shall be paid by Contractor.
1003 6.03.1 CPI Adiustment Calculation. For Rate Year 2025, beginning on July 1, 2024, and
1004 for subsequent years thereafter, the rates shall be adjusted based on one hundred percent (100%) of the
1005 12 -month average change in the CPI for the 12 -month period published immediately prior to the rate
1006 application. Therefore, the first rate adjustment effective July 1, 2024, will be based on the percentage
1007 change between the 12 -month average of the CPI from January 1, 2022 through December 31, 2022, and
1008 the 12 -month average of the CPI from January 1, 2023 through December 31, 2023. The index to be used
1009 shall be the Consumer Price Index series CUSROOOOSEHG water and sewer and trash collection services
1010 in U.S. city average all urban consumers seasonally adjusted.
1011 6.03.2 Annual Rate Capon Maximum Service Rates. In any Rate Year that the calculation
1012 of the CPI exceeds four percent (4%), the total adjustment for that year will equal four percent (4%) and the
1013 rollover amount will be added to the rate adjustment percentage in the following year, or any subsequent
1014 year. If the CPI is negative (after accounting for any applicable rollover percentages from prior years), there
1015 will be no CPI adjustment for that year.
1016 6.03.3 Rounding. Adjustments to the overall Service Rates shall be made only in units of
1017 one cent ($0.01). Fractions of less than one cent ($0.01) shall not be considered in making adjustments. All
1018 CPI indices shall be rounded at two (2) decimal places for the adjustment calculations.
1019 6.03.4 Maximum Service Rate Adiustment Report. On or before March 1 of each year of
1020 the Term, Contractor shall deliver to City a report on its proposed adjustment to the Maximum Service Rates
1021 for the subsequent calendar year (the "Adjustment Report"). The Adjustment Report shall be in a format as
1022 may be mutually agreed on between the City and Contractor and must contain or be accompanied by
1023 Contractor's adjustment calculations for the specific services performed under this Agreement during the
1024 preceding Agreement Year in Microsoft Excel or other electronic format acceptable to the City. Contractor
1025 shall be solely responsible for the cost of preparing the Adjustment Report.
1026 6.03.4.1 Corrections. In the event the City determines the Adjustment
1027 Report contains substantial errors or omissions, Contractor shall, at its sole cost, provide a corrected report
1028 to the City. A corrected report submitted after March 1, shall be treated as a late report.
1029 6.03.4.2 Late Report. If Contractor fails to submit the Adjustment Report by
1030 March 1, the City may: (1) accept and consider the late Adjustment Report if the City, in its sole and
1031 reasonable discretion, deems there is sufficient time to review and approve the proposed adjustment in
1032 time for it to be implemented on July 1, or (2) accept and consider the late Adjustment Report at its earliest
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1033 convenience, in which case any approved rate adjustment shall only go into effect prospectively thirty (30)
1034 days after the City's approval. In no event shall Contractor apply any rate adjustment retroactively.
1035 6.03.4.3 No Report, If Contractor fails to provide any Adjustment Report,
1036 the Maximum Service Rate shall remain unchanged for the next calendar year.
1037 6.04 City Approval. If Contractor provides a timely Adjustment Report, the City Manager shall
1038 notify Contractor on or before June 1 whether the City has approved the requested adjustments to the
1039 Maximum Service Rates for the next Rate Year. Approval of the City Council shall be required for any
1040 requested rate adjustment of more than four percent (4%) which shall only be permitted pursuant to Section
1041 6.06 [Extraordinary Adjustment] below. The City Manager may approve all other requests or refer them to the
1042 City Council at his or her discretion.
1043 6.05 Contractor payment for CPI review. Contractor shall be responsible for paying the cost of
1044 reviewing or correcting the annual CPI adjustment if the City determines that Contractor has made substantial
1045 errors and has not properly submitted or correctly calculated the CPI adjustment.
1046 6.06 Extraordinary Adiustments. Contractor and City acknowledge that there may be infrequent
1047 extraordinary events, including Change of Law, which, although they do not prevent either party from
1048 performing, and thus do not implicate the force majeure provisions hereof, nevertheless increase the cost of
1049 providing services above the Section 6.03 Maximum Service Rate Adjustment. The obligation of the parties
1050 in such event is to act reasonably toward each other in arriving at an appropriate adjustment in rates.
1051 Accordingly, at its option, Contractor may apply to the City not more frequently than once annually, for an
1052 extraordinary rate adjustment should an event or circumstance arise which negatively impacts the economic
1053 operation of Contractor and which is in excess of the rate adjustment resulting from the application of Section
1054 6.03. An extraordinary adjustment in rates will be deemed justified if it is necessary for the Contractor to make
1055 a substantial change in its operations, or substantial capital expenditure or investment to perform its
1056 obligations under this Agreement due to the occurrence of an event or circumstance which is beyond the
1057 reasonable control of Contractor. Extraordinary rate adjustments shall only be effective after approval by the
1058 City Council.
1059 6.06.1 Contractor's Burden. In the event of such an application for an extraordinary rate
1060 increase, it is understood that the Contractor shall have the burden of demonstrating to the reasonable
1061 satisfaction of the City the basis for the extraordinary increase cost. Contractor shall bear the burden of
1062 justifying its request and shall be solely responsible for the cost of preparing and submitting sufficient
1063 documentation in support of its request. City in its sole reasonable discretion may request Contractor to
1064 provide any additional information it deems necessary to fully evaluate the request, and Contractor shall be
1065 solely responsible for the cost to of providing such additional information. Contractor shall allow City to review
1066 a report of its annual revenues and expenses for the services provided in the City prepared by a Certified
1067 Public Accountant or a licensed public accountant, which shall have been prepared in compliance with Rule
1068 58 of the "Rules and Regulations of the State Board of Accountancy," as established by the California Code
1069 of Regulations, Title 16, Chapter I ("Financial Statements'). Such Certified Public Accountant or licensed
1070 public accountant shall be entirely independent of the Contractor and shall have no financial interest
1071 whatsoever in the business of the Contractor. City shall have the right to review this information in connection
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1072 with the City's review of Contractor's extraordinary rate adjustment request. With respect to any Financial
1073 Statements or any other non-public information ("Confidential Information"), City agrees that: (a) it will hold
1074 in confidence all Confidential Information; (b) it will restrict the disclosure of Confidential Information within
1075 its own organization and to its agents or representatives who need to know the Confidential Information for
1076 the purposes of the request, (c) it will not disclose Confidential Information to any third party, excepting those
1077 subject to subsection (b), without the prior written consent of the Disclosing Parties; (d) it will not possess,
1078 copy and/or reproduce any written or electronically stored Confidential Information without the prior written
1079 approval of the Contractor, and (e) it will not use Confidential Information except as required for consideration
1080 of the request. City may consider increases or decreases in Contractor's total revenues and total cost of
1081 services when reviewing an extraordinary rate adjustment request. The City will inform the Contractor upon
1082 receiving a California Public Records Act request or a subpoena for the Confidential Information by written
1083 notice delivered to the Contractor ("Notice'). The Contractor will have five (5) days from the date of the
1084 Notice to inform the City in writing of its intent to assert its confidentiality rights under this Agreement. The
1085 Contractor will have fifteen (15) days from the date of the Notice to seek judicial assistance to prevent the
1086 disclosure of the Confidential Information. If the Contractor fails to act within the five (5) or fifteen (15) day
1087 windows described above, the City may disclose the requested Confidential Information to the requestor or
1088 subpoenaing party. In the event Contractor seeks a court order to stay or enjoining the disclosure of the
1089 Records, Contractor agrees to indemnify and hold harmless the City, its Council, elected and appointed
1090 board or commission members, officers, employees, volunteers and agents (collectively, "Indemnitees")
1091 from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, proceeding or suit in
1092 law or equity of any and every kind and description, whether judicial, quasi-judicial or administrative in nature,
1093 arising or resulting from or in any way connected with the subject CPRA or FOIA request for the Records.
1094 For the purposes of this Section 6.06.1, "Records" shall mean records created or maintained by Contractor
1095 in accordance with this Agreement, including those records that may include Financial Statements or
1096 Confidential Information of Contractor. This Indemnity shall survive the expiration or termination of this
1097 Agreement.
1098 6.06.2 Review Costs. At the time of its request, Contractor shall also submit a payment to
1099 the City of Twenty -Five Thousand Dollars ($25,000) to defray the City's costs to review the request. In the
1100 event the City's reasonable costs exceed that amount, Contractor shall reimburse the City for any
1101 documented amount in excess.
1102 6.06.3 Meet and Confer. The City and Contractor agree to meet and confer regarding the
1103 request and to negotiate in good faith regarding the appropriateness of the requested adjustment.
1104 6.06.4 City Review; Approval. City shall review the Contractor's request and, in the City's
1105 sole and reasonable judgment, make the final determination as to whether an adjustment to the Maximum
1106 Service Rates will be made, and, if an adjustment is permitted, the appropriate amount of the adjustment.
1107 Approval of the City Council shall be required for any Extraordinary Adjustments. The City shall notify
1108 Contractor of its decision within ninety (90) calendar days regarding whether it accepts Contractor's request.
1109 Except as provided herein, any such change approved by the City shall not be implemented until January 1
1110 of the next Rate Year unless a different time frame is approved by the City Council.
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1111 6.07 Five Year Meet and Confer. The City and Contractor agree to meet and confer on or about
1 112 five (5) years from the Commencement Date regarding material changes in the cost of providing services that
1 113 are substantially more than the rate adjustments resulting from the application of Sections 6.03 and 6.06. If it
1114 is determined that there have been material changes in the cost of providing services, then the City and
1115 Contractor agree to negotiate in good faith regarding appropriate adjustments to the rate. The process for
1 116 demonstrating material changes in the cost of providing services shall follow the same process as outlined in
1 117 Section 6.07.1.
1118 6.08 Procedures in Event of Invalidation of Rate Adjustment. In the event that City is unable by
1119 operation of Applicable Law to approve or implement a rate increase under this Article 6, or some or all of the
1120 Maximum Service Rates are disallowed by operation of Applicable Law, Contractor will have the right, within
1121 thirty (30) days after notice of any such inability to approve or invalidation of an approved rate increase, to
1122 request, in writing, that City negotiate in good faith regarding reductions in programs, services, or fees to
1123 compensate for any negative impact from the unapproved or invalidated rate increase. If City fails to
1124 commence negotiations in good faith or negotiations are not completed within forty-five (45) days following
1125 the date of receipt of Contractor's request, either party may terminate this Agreement no earlier than one
1126 hundred and eighty (180) days after written notice to the other.
1127 6.09 Market Rate Review. Commencing on or about August 1, 2028, and then not more than
1128 once every five (5) years thereafter, the city shall have the right to conduct a Market Rate Review (MRR) for
1 129 purposes of comparing the City's Residential and Commercial rates, net of franchise fees, to the jurisdictions
1130 set forth below, which have been agreed upon by the Parties.
1131
Alhambra
1132
Temple City
1133
Monterey Park
1134
EI Monte
1135
Whittier
1136
West Covina
1137
Baldwin Park
1138
Pasadena
1139
Arcadia
1140 Within sixty (60) days of Contractor's receipt of a letter from City initiating the MRR, Contractor will
1141 gather the necessary records and will perform the following calculations and report the results to the City.
1142 Contractor shall make all records used to make the calculation available for review and verification by City
1143 or City's consultant.
1144 6.09.1 Residential Weighted Average Rate Comparison
1145 1. Adjust the residential rates for the City and the Comparative Jurisdictions
1146 to back out the portion of the rates associated with franchise fees.
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1147 2. Calculate the weighted average residential rate for the City and the
1148 Comparative Jurisdictions.
1149 3. Compare the City's weighted average residential rate to the weighted
1150 average residential rates of the Comparative Jurisdictions.
1151 4. If the City's weighted average residential rate is less than or equal to the
1152 weighted average residential rate of the Comparative Jurisdictions then the City's residential rate may be
1153 adjusted as authorized provided for in this Agreement.
1154 5. If the City's weighted average residential rate is more than the weighted
1155 average residential rate of the Comparative Jurisdictions then City's residential rates may not be adjusted
1156 as otherwise provided for in this Agreement until the City's weighted average residential rate is less than or
1157 equal to the weighted average residential rate of the Comparative Jurisdictions.
1158 6.09.2 Commercial 3 -Yard Bin Serviced One Time per Week Rate Comparison
1159 1. Compare the City's rate for a 3 -yard trash bin rate serviced one time per week to
1160 the rate for a 3 -yard trash bin serviced one time per week in each of the Comparable Jurisdictions.
1161 2. If the City's rate for a 3 -yard trash bin serviced one time per week is less than or
1162 equal to the highest rate for a 3 -yard trash bin serviced one time per week in the Comparative Jurisdictions
1163 then City's commercial rates may be adjusted as otherwise provided for in this Agreement.
1164 3. If the City's rate for a 3 -yard trash bin serviced one time per week is more than the
1165 highest rate for a 3 -yard trash bin serviced one time per week in the Comparative Jurisdictions then City's
1 166 Commercial rates may not be increased as otherwise provided for in this Agreement until the City's rate for
1 167 a 3 -yard trash bin serviced one time per week is less than or equal to the highest rate for a 3 -yard trash bin
1168 serviced one time per week in the Comparative Jurisdictions.
1169 Article 7. Collection Service Billing
1170 7.01 Responsibility for Collection Service Billing and Collection. Contractor shall be solely
1171 responsible for the billing and collecting payments for the Integrated Solid Waste Handling Services it
1172 provides within the Service Area.
1173 7.02 Invoices. Contractor shall prepare and send out invoices, by either U.S. mail or electronic
1174 mail, to each Service Recipient in advance of all services provided by Contractor under this Agreement. If
1175 sent by mail, invoices for each billing period shall be placed in a separate envelope accompanied by a self -
1176 addressed return envelope. All invoices shall include Contractor's e-mail address include directions for
1177 payment by payment by check, credit card, or Automated Clearing House (ACH) debit, and shall include or
1178 be accompanied by a complete billing statement showing all charges and all services provided. City shall
1 179 have the right to direct Contractor to revise the format of all invoices and billing statements upon reasonable
1180 notice to Contractor.
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1181 7.03 Timing; Frequency. Contractor shall not initiate billing to any Service Unit sooner than the
1182 first day of the service period of Collections Services covered by the invoice. Contractor shall invoice Service
1183 Recipients once every month for Commercial Service Units, MFD Service Units and MXD Service Units and
1184 once every Quarter for SFD Service Units. No invoice shall be due and payable sooner than the last day of
1185 the respective month or Quarter for which Integrated Solid Waste Handling Services are provided.
1186 7.04 Partial Month Service. If, during a month, a Service Unit is added to or deleted from
1187 Contractor's Service Area, Contractor shall pro -rate billing to the Service Recipient on a weekly basis,
1188 meaning one-fourth of the applicable rate found in Exhibit 1 multiplied by the number of weeks of service
1189 provided by Contractor.
1190 7.05 Overoavments. Contractor shall refund or issue a service credit for overpayments by
1191 Service Recipients no later than 30 days after Contractor discovers or is notified of the overpayment.
1192 Contractor shall refund every overpayment that: (1) exceeds two hundred dollars ($200.00) or the amount of
1193 Service Recipient's typical invoice, whichever is less; or (2) is due to the Service Recipient closing the account
1194 prior to the end of the billing period. Contractor may issue a service credit of no more than two (2) years
1 195 against future invoices for all other overpayments.
1196 7.06 Delinquent Service Accounts. Contractor shall report all Service Recipients whose
1197 accounts are delinquent by more than ninety (90 days) to the Agreement Administrator on a monthly basis.
1198 7.07 Contractor's Reservation of Legal Rights and Remedies. Notwithstanding any other
1199 provision of this Article, Contractor reserves its right to, and may take such action as is legally available to
1200 Contractor, to collect or cause collection of past due invoice amounts; provided, however, that Contractor
1201 shall never discontinue Integrated Solid Waste Handling Services to any Service Unit except upon thirty (30)
1202 days prior written notice to both the Service Recipient and the Agreement Administrator. Contractor may send
1203 a written notice to Service Recipient regarding payments of Billings during the billed service period.
1204 7.08 City Rights to Lien Delinquent Accounts: Residential Delinquencies.
1205 7.08.1 Delinquent SFD and MFD Service Accounts. For health and safety reasons,
1206 Contractor shall not discontinue service to SFD Service unit or MFD Service Unit Customers or a Residential
1207 property that is not Unoccupied as provided above. City is authorized to collect delinquent Integrated Solid
1208 Waste Handling fees in the manner provided by section 25831 and 38790.1 of the Government Code.
1209 7.08.2 Upon the written request of Contractor, the City authorizes and agrees to assist
1210 Contractor in submitting account delinquency information to the Los Angeles County Assessor's Office for
1211 placement on the tax roll. By submitting a written request, Contractor assigns its right to collect the
1212 delinquencies to the City.
1213 7.08.3 Contractor agrees not to discontinue service to SFD Service Unit or MFD Service
1214 Unit Customers. SFD Service Unit or MFD Service Unit Customers (owners or tenants) who have not
1215 remitted required payment within one hundred twenty (120) days after the date of billing shall be notified by
1216 Contractor on forms that contain a statement that if payment is not received within fifteen (15) days from the
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1217 date of the notice, a ten percent (10%) penalty and one point five percent (1.5%) monthly interest will begin
1218 to accrue and the City will be informed of the delinquency in an annual report. Contractor will deliver a report
1219 of the delinquencies by no later than April 30th of each year with a request that the City place the
1220 delinquencies on the tax roll. City is authorized to collect delinquent solid waste fees or charges in the
1221 manner provided in sections 38790.1 and 25831 of the Government Code. To implement Contractor's
1222 request, City will set a time, date and place for hearing the report and any objections and protests to the
1223 report. As determined in the sole discretion of the City, Contractor shall mail notice of the hearing to the
1224 SFD Service Unit or MFD Service Unit Customers listed on the report not less than ten (10) days prior to the
1225 date of the hearing. At the hearing, City shall hear any objections or protests of SFD Service Unit or MFD
1226 Service Unit Customers liable to be assessed for delinquent fees. The City may make revisions or
1227 corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.
1228 7.08.4 The delinquent fees set forth in the report as confirmed, shall constitute special
1229 assessments against the respective parcels of land and are a lien on the property for the amount of the
1230 delinquent fees. A certified copy of the confirmed report shall be filed with the Los Angeles County Auditor
1231 for the amounts of the respective assessments against the respective parcels of land as they appear on the
1232 current assessment roll. The lien created attaches upon recordation, in the office of the Los Angeles County
1233 Recorder, of a certified copy of the resolution of confirmation. The assessment may be collected at the same
1234 time and in the same manner as ordinary ad valorem property taxes are collected and shall be subject to
1235 the same penalties and the same procedure and sale in case of delinquency as provided for those taxes.
1236 Contractor understands and agrees that the City has no obligation to foreclose on the lien for any
1237 delinquency. Contractor shall pay all fees charged by Los Angeles County in connection with the
1238 establishment of this secured tax roll billing and collection program and shall pay all direct and indirect costs
1239 incurred by the City in processing delinquent and unpaid assessments through the secured property tax roll
1240 procedure. City shall remit to Contractor within thirty (30) days of receipt from the Los Angeles County
1241 Assessor of amounts collected pursuant to this process. Contractor shall notify the City in the event any
1242 delinquency on the report or for which a lien has been created is paid or otherwise resolved.
1243 7.08.5 With respect to placement of account delinquencies on the tax roll made in
1244 accordance with the above provisions, Contractor, upon demand of the City, made by and through the City
1245 Attorney, shall indemnify, hold harmless, protect City and appear in and defend the City and its elected
1246 officials, officers, employees and agents, in and against any claims or actions by third parties, whether
1247 judicial, administrative or otherwise, including, but not limited to disputes and/or litigation challenging the
1248 placement on the tax roll, levy, collection, or remittance of any delinquent rate, fee, charge, interest, penalty,
1249 or other amount on the tax roll or any lien associated with the foregoing, as impermissible general tax, special
1250 tax, assessment, or fee requiring compliance with any provision of Article XIII of the California Constitution,
1251 the various enabling and implementing statutes, or as being an ultra vires act, or is invalid under or otherwise
1252 contrary to any federal, state, or local law, ordinance, regulation, or decision of a court of competent
1253 jurisdiction; and/or challenging the certification, implementation, imposition, adjustment, levy or collection of
1254 any rate, fee, charge, interest, penalty or other amount under the Agreement. This provision shall survive
1255 the expiration of the period during which collection services are to be provided under this Agreement. In the
1256 event of an adverse legal determination or settlement of such action, the parties agree to cooperate and
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1257 work in good faith to prepare such amendments or alternatives to the Agreement that will implement the
1258 original intent of the Parties while complying with any adverse legal determination or settlement.
1259 Article 8. Diversion Requirements
1260 8.01 Warranties and Representations. Contractor warrants that it is aware of and familiar with
1261 City's waste stream, and that it has the ability, and shall use commercially reasonable efforts to provide and
1262 employ sufficient programs and services to ensure City will meet or exceed City's Diversion goals
1263 requirements (including, without limitation, amounts of Solid Waste to be Diverted, time frames for Diversion,
1264 and any other requirements) as set forth in this Article, Applicable Law, and CalRecycle Regulations, and that
1265 Contractor will do so without imposing any costs or fees other than those set forth in Exhibit 1, except as
1266 provided in Section 30.01.1. Contractor hereby agrees to assist the City to meet or exceed, on an annual
1267 basis the Diversion Compliance by undertaking the actions set forth in Section 8.02.
1268 8.02 Contractor Required Actions. Contractor shall take all of the following actions to assist the
1269 City in meeting, on an annual basis, Diversion Compliance:
1270 8.02.1 Except for Organic Waste collected from homeless encampments or material
1271 subject to quarantine by the California Department of Food & Agriculture, and except as provided in Sections
1272 5.06 and 5.10, collect and deliver all Organic Waste to an approved Organics Processing Facility for
1273 processing and Diversion.
1274 8.02.2 Except as provided in Sections 5.06 and 5.10, Collect and deliver all Recyclable
1275 Materials to an approved MRF, or other certified recycling facility, for processing Collect and deliver all
1276 Garbage to an approved Disposal Facility.
1277 8.02.3 Collect and deliver all Construction and Demolition Debris to an approved MRF (or
1278 other certified C&D facility that meets California requirements of 65% minimum diversion) for processing and
1279 diversion.
1280 8.02.4 Deliver all material set out for collection in Cart, Bins or Roll -Off Containers identified
1281 as containing source separated Recyclable Material to an approved MRF for processing and diversion.
1282 8.02.5 Deliver all material set out for collection in Cart, Bins or Roll -Off Containers identified
1283 as containing source separated Organic Waste to an approved Organic Waste Processing Facility for
1284 processing and diversion.
1285 8.02.6 Only Residual or material in Garbage Carts or Garbage Bins will be delivered to the
1286 approved landfill for disposal. All other material must go to the designated facility for full processing and
1287 diversion, with Residual only going to the landfill after the processing.
1288 8.02.7 Contractor must take all commercially reasonable and lawful actions to maximize
1289 diversion of materials from landfills.
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1290 8.02.8 Contractor must develop and provide sufficient accurate information and data as
1291 necessary to ensure that Contractor and City annually demonstrate Diversion Compliance to CalRecycle.
1292 8.02.9 Contractor must implement public education and outreach programs as required
1293 under this Agreement.
1294 8.03 Annual Reporting. Contractor shall calculate the Diversion Compliance Rate on an annual
1295 basis and shall deliver a written report regarding the same to the City no later than February 14 of the year
1296 following the reporting period as set forth in Section 22.04.
1297 8.04 Failure of Recyclables Market. Notwithstanding any other provision of this Agreement to
1298 the contrary, where CalRecycle has determined that there are no commercially viable markets for a specific
1299 type of Recyclable Materials, or with written notice to City, Contractor is unable to identify a market for one or
1300 more Recyclable Materials despite the exercise of commercially reasonable efforts to process and market
1301 the material, and determines to dispose of the Recyclable Material(s), such a determination shall not
1302 constitute a failure to implement service, a failure to implement a program, or an event of default hereunder.
1303 8.05 Failure to Meet Franchised Diversion Rate. If CalRecycle determines that City has failed
1304 to meet the Diversion Compliance due to Contractor's failure to undertake the actions described in this
1305 Section, Contractor must prepare, at Contractor's cost and expense, and submit a corrective action plan to
1306 City sufficient to demonstrate good faith efforts by City to comply with Diversion Compliance and that is
1307 otherwise acceptable to CalRecycle, and shall be subject to Administrative Charges as allowed under Article
1308 25 and specified in Exhibit 6. Contractor must also submit a written corrective action plan to the City before
1309 March 15 of the year following the missed minimum Diversion requirement. Contractor's corrective action
1310 plan must specify all actions Contractor will take to ensure it will meet Diversion Compliance Rates in the
1311 future, and shall be subject to the review and approval by the Agreement Administrator. Contractor must
1312 implement all measures identified in the corrective action plan at its sole cost and expense, unless the failure
1313 to meet Diversion Compliance was due to a Change in Law or due to the negligent acts or omissions of the
1314 City. If Contractor fails to submit an adequate corrective action plan or to fully implement a City -approved
1315 corrective action plan, it shall subject Contractor to Administrative Charges as allowed under Article 25 and
1316 specified in Exhibit 6 in addition to any other remedies available to the City.
1317 8.06 Representations and Warranties. Contractor represents and warrants that it is aware of
1318 and familiar with the Diversion Compliance, the Applicable Laws and City's waste stream. Contractor
1319 represents and warrants that it has the capacity, skill and ability to undertake the actions identified in Section
1320 8.02 above without imposing any costs or fees other than those set forth in the Schedule of Service Rates,
1321 as may be adjusted as provided for in this Agreement. Where the Diversion Compliance is modified by a
1322 Change in Law, Contractor agrees to develop and implement such actions, programs and measures as are
1323 necessary to bring City into compliance with the modified Diversion Compliance and City agrees that it will
1324 meet and confer with Contactor for a period not to exceed ninety (90) days regarding such actions, programs
1325 and measures, their implementation, and adjustments to rates reasonably necessary to effectuate same in
1326 accordance with Section 30.01.
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1327 8.07 Mutual Cooperation. City and Contractor shall each reasonably cooperate in good faith
1328 with all efforts of the other Party to meet City's Diversion requirements under Applicable Law and the
1329 Contractor's obligations under this Article. City's obligations in this regard shall include, without limitation,
1330 making such petitions and applications as may be reasonably requested by Contractor for time extensions in
1331 meeting Diversion goals, or other exceptions from the terms of Applicable Laws, and to agree to authorize
1332 such changes to Contractor's Recycling, Organic Waste, or Solid Waste programs as may be reasonably
1333 requested by Contractor in order to achieve the minimum requirements of this Article.
1334 8.08 Contractor's Diversion Programs. Contractor shall implement the Diversion programs
1335 required under this Agreement to ensure that City and Contractor comply with all Diversion requirements
1336 under Applicable and the City meets or exceeds all minimum Diversion requirements under Applicable Law.
1337 Contractor shall furthermore, at its sole cost and expense, (1) assist the City to respond to inquiries from, or
1338 prepare for and attend any hearing before, CalRecycle or any other regulatory agency relating to the City's
1339 compliance with Applicable Law; prepare for and participate in CalRecycle' s review of the City's SRRE.;
1340 apply for any extension available under Applicable Law, develop and implement a public awareness and
1341 education program consistent with the City's SRRE and Household Hazardous Waste Element and any
1342 related requirements of Applicable Law, (2) Provide the City with Recycling, source reduction, and other
1343 technical assistance as may be needed to comply with Applicable Law; and (3) advise the City of additional
1344 programs or measures Contractor can, if authorized by the City, implement to increase compliance with the
1345 Diversion requirements of Applicable Law.
1346 8.09 New Diversion Programs. If Contractor fails to meet any Diversion Compliance requirement
1347 or the City fails to meet any CalRecycle Diversion requirement notwithstanding Contractor's implementation
1348 of all Diversion and public education programs as required by this Agreement, the City may direct Contractor
1349 to modify its Diversion and public education programs or implement new programs. Such modifications may
1350 constitute a City -Directed Change under Section 30.01. Contractor shall not implement new Diversion
1351 programs not described in this Agreement without the City's prior consent.
1352 8.10 Nothing contained herein shall prohibit Contractor from meeting its diversion requirements
1353 by any alternative methods or procedures, provided it complies with Applicable Law, as may be amended
1354 from time to time. Contractor's ability to meet its diversion requirements by alternative methods per this
1355 Section 8.05 is subject to Agreement Administrator review and approval.
1356 Article 9. Service Unit Types
1357 9.01 Service Units. Service Units include all the following categories of premises which are in
1358 the Service Area as of August 1, 2023 and all such premises which may be added to the Service Area by
1359 means of annexation, new construction, or as otherwise set forth in this Agreement during term of this
1360 Agreement:
1361 9.01.1 SFD Service Units. Services are specified in Article 10.
1362 9.01.2 MFD Service Units. Services are specified in 10.12.1.
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1363 9.01.3 Commercial Service Units. Services are specified in Article 12.
1364 9.01.4 Mixed-use Development (MXD) Service Units. Services are specified in Article 13.
1365 9.01.5 City Service Units. Services are specified in Article 14.
1366 9.01.6 Any question as to whether a premise falls within one of these categories will be
1367 determined by the Agreement Administrator and the determination of the Agreement Administrator will be
1368 final.
1369 9.02 Service Unit Changes. City and Contractor acknowledge that during the term of this
1370 Agreement it may be necessary or desirable to add or delete Service Units for which Contractor will provide
1371 Service.
1372 9.02.1 Additions and Deletions. Contractor must provide services described in this
1373 Agreement to new Service Units in Contractor's Service Area within five (5) Work Days of receipt of notice
1374 from City or the new Service Unit to begin such Service.
1375 9.03 Annexation. If during term of the Agreement, additional territory within or adjacent to the
1376 Contractor's Service Area is acquired by City through annexation, subject to the requirements of Public
1377 Resources Code section 49520, Contractor agrees to provide Integrated Solid Waste Handling Services in
1378 such annexed area in accordance with the provisions and Maximum Service Rates set forth in this Agreement
1379 after termination of former contractor's rights to provide service have been exhausted. Such Integrated Solid
1380 Waste Handling Services must begin within five (5) Work Days of receipt of written notice from City. Contractor
1381 may not begin Collection Service without written authorization from City.
1382 9.04 Route Map Update. Contractor must revise the Service Unit route maps to show the
1383 addition of Service Units added due to annexation and must provide such revised maps to the Agreement
1384 Administrator as requested.
1385
Article 10. Residential Service
1386 10.01 SFD Conditions of Service. Except as set forth below, Contractor must provide SFD
1387 Collection Services to all SFD Units in the Service Area, including all MFD Units subscribed to Cart or Bin
1388 Collection Service. The SFD Services are governed by the following terms and conditions:
1389 10.01.1 Curb Service. Except for those Service Recipients that choose to receive Bins for
1390 service, Contractor must provide SFD Collection Service to all SFD Service Units in the Service Area whose
1391 SFD Solid Waste is properly containerized in Garbage Carts, Recyclable Materials are properly
1392 containerized in Recycling Carts, except as set forth in Section 10.08.1, Organic Wastes are properly
1393 containerized in Organic Waste Carts, except as set forth in Section 10.09.3, where the Garbage, Recycling,
1394 and Organic Waste carts have been placed within three (3) feet of the curb, swale, paved surface of the
1395 public roadway, closest accessible roadway, or other such location agreed to by Contractor and Service
1396 Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and vehicle.
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1397 10.01.2 Bundled SFD Cart Service. Contractor will use a weekly Bundled SFD Solid Waste
1398 Collection Service system with one (1) 96 -Gallon Black or Grey Garbage Cart, one (1) 96 -Gallon Blue
1399 Recycling Cart, and one (1) 96 -Gallon Green Organic Waste Cart as part of the base SFD Solid Waste
1400 Collection Service. SFD Service Recipients shall receive additional Recycling Carts and additional Organic
1401 Waste Carts to be included at no additional cost, if requested. Garbage, Recycling, and/or Organic Waste
1402 Carts with a capacity of 32 -Gallon or 64 -Gallon may be requested by Customers that have space constraints.
1403 Pricing for downsizing Carts, or additional Carts, relative to the base Bundled Service are included in Exhibit
1404 1.
1405 10.01.3 On -Premises Service. Notwithstanding any term or definition set forth in this
1406 Agreement, Contractor must provide Collection of SFD Garbage, Recycling, and Organic Waste on the SFD
1407 Service Recipients premises to an SFD Service Unit as follows.
1408 10.01.3.1 At no additional cost to the SFD Service Unit. SFD Service Units
1409 where all adult Service Recipients residing therein have disabilities that prevent them from setting their
1410 Garbage, Recycling or Organic Waste Cart at the curb for Collection, and if a request for on -premises
1411 service has been made.
1412 10.01.3.2 At an additional cost to the SFD Service Unit.
1413 A. SFD Service Units where topography, steep driveways, below grade dwellings, or
1414 limited access to public streets that prevents the SFD Service Recipient from setting their Garbage,
1415 Recycling or Organic Waste Cart at the curb for Collection, as determined by the City and agreed by the
1416 Contractor, and if a request for on -premises service has been made.
1417 B. SFD Service Units inaccessible by standard 3 or 4 axe[ Collection Vehicles as
1418 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the
1419 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult
1420 or impossible to access using regular trash collection trucks.
1421 C. Contractor must offer "push services' to SFD Service Recipients other than those
1422 listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push services
1423 include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers
1424 from their storage location for Collection and returning the Collection Containers back to their storage
1425 location.
1426 10.01.3.3 Contractor must provide on -premises Collection Service on the
1427 same Work Day that curbside Collection would otherwise be provided to the SFD Service Unit.
1428 10.02 Frequency and Scheduling of Service. Except as set forth in Section 10.10, SFD Collection
1429 Service must be provided one (1) time per week on a scheduled route basis. SFD Collection Service must be
1430 scheduled so that all Service Units receive Garbage Collection Service, Recycling Collection Service, and
1431 Organic Waste Collection Service on the same Work Day. SFD Collection Service must be provided,
1432 commencing no earlier than 7:00 a.m. and terminating no later than 7:00 p.m., Monday through Friday, except
1433 for Holidays in accordance with Section 5.03. The hours, day, or both of Collection may be extended due to
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1434 extraordinary circumstances or conditions with the prior verbal or written consent of the Agreement
1435 Administrator.
1436 10.03 Manner of Collection. The Contractor must provide Collection Service with as little
1437 disturbance as possible and must leave any Garbage, Recycling or Organic Waste Cart in an upright position
1438 at the same point it was Collected without obstructing alleys, roadways, driveways, sidewalks or mail boxes.
1439 Contractor's employees providing Collection Service must follow the regular walk for pedestrians while on
1440 private property and may not trespass nor cross property to the adjoining premises unless the occupant or
1441 owner of both properties has given permission. Care should be taken to prevent damage to property, including
1442 flowers, shrubs, and other plantings.
1443 10.04 New Carts and Kitchen Food Waste Pails. At the start of this Agreement, Contractor must
1444 supply new Carts and Kitchen Food Waste Pails that comply with Collection Container specifications in Exhibit
1445 4. If any changes to these specifications are adopted after the Effective Date that results in Contractor being
1446 required to replace Collection Containers before they have been fully depreciated, Contractor will be eligible
1447 for additional compensation in accordance with Exhibit 1.
1448 10.05 Replacement of Carts. Contractor's employees must take care to prevent damage to Carts
1449 by unnecessary rough treatment. However, any Cart damaged by the Contractor must be replaced by
1450 Contractor, at Contractor's expense, within five (5) Work Days at no cost or inconvenience to the Service
1451 Recipient.
1452 10.05.1 Upon notification to Contractor by City or a Service Recipient that the Service
1453 Recipient's Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor
1454 must deliver a replacement Cart(s) to such Service Recipient within five (5) Work Days. Contractor must
1455 maintain records documenting all Cart replacements occurring and report through the Waste Reporting
1456 System monthly.
1457 10.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or
1458 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except
1459 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where
1460 Contractor elects to replace a Cart rather than repair it on-site, Contractor will be compensated for the cost
1461 of those replacements in excess of one (1) per type of Cart per Service Recipient during the term of the
1462 Agreement, in accordance with the "Cart Exchange' Service Rate set forth in Exhibit 1, or as may be adjusted
1463 by the City from time to time as provided under this Agreement.
1464 10.05.3 Contractor understands and agrees that this provision is intended to be applied on
1465 a per Cart type, individual Service Recipient basis and accordingly each Service Recipient could receive up
1466 to three (3) replacement Carts, one (1) of each type, every ten (10) years during the term of the contract.
1467 10.05.4 Repair of Garbage Recycling and Organic Waste Carts Contractor is responsible
1468 for the repair of Carts, including but not be limited to, hinged lids, wheels and axles. Within five (5) Work
1469 Days of notification by the City or a Service Recipient of the need for such repairs, Contractor must repair
1470 the Cart or if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service Recipient.
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1471 10.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that
1472 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient
1473 within five (5) Work Days. Each SFD Service Unit is eligible to receive one (1) free Cart exchange per
1474 Calendar Year during the term of this Agreement for moving to a larger Cart size. Each SFD Service Unit is
1475 eligible to receive unlimited Cart exchanges per Calendar Year during the term of this Agreement for moving
1476 to a smaller Cart size. Accordingly, Contractor will be compensated only for the cost of those exchanges in
1477 excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in accordance with
1478 the "Cart Exchange' service rate as set forth in Exhibit 1 or as may be adjusted this Agreement.
1479 10.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service
1480 Recipient that additional Black or Grey Carts for Garbage, Blue Carts for Recyclable Materials, or Green
1481 Carts Organic Waste are requested, Contractor shall deliver such Carts to such Service Recipient within five
1482 (5) Work Days, at the rate set forth in Exhibit 1.
1483 10.05.7 Ownership of Carts. Ownership of Carts is vested in the Contractor.
1484 10.06 Cleaning of Collection Containers. Once each Calendar Year, if requested by the SFD
1485 Service Recipient, Contractor must replace the dirty Collection Containers with clean Collection Containers.
1486 Any Collection Container cleanings done at a Contractor facility must be done in such a manner that results
1487 in no water entering the City's storm drain system. This service must be provided at no charge to the Service
1488 Recipient, so long as the service is not requested more than once per Calendar Year. In addition, regardless
1489 of whether or not this cleaning is requested by the Service Recipient, Contractor will ensure that all Collection
1490 Containers are cleaned on an as -needed basis so as to maintain a clean appearance and proper function.
1491 Additional cleanings beyond once each Calendar Year will be subject to the Service Rate set forth in Exhibit
1492 1.
1493 10.07 SFD Garbage Collection Service. This service is governed by the following terms and
1494 conditions:
1495 10.07.1 Non -Collection. Contractor is not required to Collect any Garbage that is not placed
1496 in a Garbage Cart. In the event of non -collection, Contractor will follow the steps set forth in Section 5.10.
1497 10.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of
1498 performing Integrated Solid Waste Handling Services must be transported to, and disposed of, at the
1499 Disposal Facilities listed in Exhibit 9. In the event the Disposal Facility is closed on a Work Day, Contractor
1500 must transport and dispose of the Garbage at another legally permitted Disposal Facility. Failure to comply
1501 with this provision will result in the levy of a penalty as specified in Exhibit 6 and may result in Contractor
1502 being in default under this Agreement.
1503 10.08 SFD Recycling Service. This service is governed by the following terms and conditions:
1504 10.08.1 Overages. Corrugated cardboard that will not fit inside the Recycling Cart may be
1505 placed beside the Recycling Cart if flattened.
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1506 10.08.2 Recvclinq - Improper Procedure. The Contractor is not required to Collect
1507 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid Waste
1508 or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are
1509 contaminated through commingling with Solid Waste or Organic Waste. To address contamination,
1510 Contractor must follow the steps set forth in Section 5.07.
1511 10.08.3 Materials Recovery Facility. Except as provided in Section 5.07, all Recyclable
1512 Materials collected as a result of performing recycling services must be delivered to the Materials Recovery
1513 Facility listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified
1514 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to
1515 materials processing and marketing will be the sole responsibility of Contractor. City has the right to
1516 designate Materials Recovery Facility.
1517 10.08.4 Move In/Out Collection Service. Within three (3) months of opening a new account,
1518 at no additional charge, each SFD customer may request that Contractor provide one on-call Move-In/Out
1519 Recyclable Material Collection Service for recyclable packaging materials such as flattened cardboard
1520 boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service for each new
1521 account. This service shall only include Recyclable Materials, and in the event that the Service Recipient
1522 includes Garbage in the materials set out for Collection by Contractor, this service shall be counted as one
1523 of the SFD Service Recipient's free annual Bulky Item Collections as set forth in Section 10.10.
1524 10.08.5.Recycling - Changes to Services. Should changes in Applicable Law arise that
1525 necessitate any additions or deletions to the services described in this Section 10.08, including the type of
1526 items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will enter
1527 into an Agreement amendment covering such modifications to the services to be performed and the
1528 compensation to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions
1529 to such services.
1530 10.09 SFD Organic Waste Collection Service. This service is governed by the following terms
1531 and conditions:
1532 10.09.1 Organic Waste Processing Services. Contractor must ensure that all Organic Waste
1533 Collected pursuant to this Agreement is diverted from the landfill in accordance with Applicable Law.
1534 Contractor must ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in
1535 a landfill, except for residue resulting from processing. If the organics processing facility accepts bagged
1536 organic waste (where bags are biodegradable or otherwise), then Contractor is obligated to accept bagged
1537 Organic Waste.
1538 10.09.2 Organic Waste Processing Facility. Contractor must deliver all Collected Organic
1539 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Transfer Station, that has
1540 been listed in Exhibit 9 and agreed upon by the City. All expenses related to Organic Waste processing and
1541 marketing will be the sole responsibility of Contractor. Failure to comply with this provision will result in the
1542 levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement.
1543 City has the right to designate Organic Waste Processing Facility.
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1544 10.09.3 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb
1545 for Collection during the three-week period beginning December 261h each year during the term of this
1546 Agreement. Contractor must deliver the Collected Holiday Trees to an appropriate Organic Waste
1547 Processing Facility for Diversion through uses other than Alternative Daily Cover or Beneficial Use. This
1548 annual service will be provided at no additional charge to the Service Recipient. Contractor is not required
1549 to divert Holiday Trees with tinsel, flocking or ornaments.
1550 10.09.4 Non -Collection. Contractor is not required to Collect Organic Waste if the Service
1551 Recipient does not segregate the Organic Waste from Solid Waste or Recyclable Materials. Furthermore,
1552 Contractor is not required to Collect Organic Wastes that are contaminated through commingling with Solid
1553 Waste or Recyclable Materials. Contractor will address contamination in accordance with Section 5.07.
1554 10.09.5 Home Compost Bins. Contractor shall store, promote, and distribute a maximum of
1555 500 Home Compost Bins per Calendar Year to be used by Service Recipients to compost Organic Waste.
1556 Contractor is responsible for purchase of Home Compost Bins delivered to Contractor's place of storage.
1557 10.10 SFD Bulky Waste Collection Service. This service is governed by the following terms and
1558 conditions:
1559 10.10.1 Conditions of Service. Contractor must provide SFD Bulky Waste Collection
1560 Service, including the collection of E -Waste and U -Waste, to all SFD Service Units in the Service Area whose
1561 Bulky Waste, E -Waste, and U -Waste have been placed within three (3) feet of the curb, swale, paved surface
1562 of the public roadway, closest accessible roadway, or other such location agreed to by Contractor and
1563 Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and vehicle.
1564 Up to five (5) times per Calendar Year each Service Recipient is entitled to receive Bulky Item disposal
1565 amounting to a combined annual maximum of the equivalent of (a) five (5) Bulky Items, or (b) ten (10) 32-
1566 gallon bags at no additional cost and expense. For subsequent collection in any Calendar Year, the
1567 Contractor shall receive compensation from the customer at the rate for such service as set in Exhibit 1.
1568 10.10.2 Frequency of Service. Bulky Waste Collection Service will be provided on the next
1569 regular Collection day if the request is received at least two (2) Work Days in advance of the next regular
1570 Collection day. The Service Recipient may not intentionally commingle residential Bulky Waste with other
1571 Residential Waste.
1572 10.10.3 Bulky Waste Containing Freon. In the event Contractor Collects Bulky Waste that
1573 contain Freon, Contractor must handle such Bulky Waste in a manner such that the Bulky Waste are not
1574 subject to regulation as hazardous waste under applicable State and Federal laws or regulations.
1575 10.10.4 Maximum Reuse and Recycling. Contractor must dispose of Bulky Waste collected
1576 from Service Units pursuant to this Agreement in accordance with the following hierarchy:
1577 10.10.4.1
1578 10.10.4.2
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Disassemble for reuse or Recycling
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1579 10.10.4.3 Recycle
1580 10.10.4.4 Disposal
1581 10.10.5 Disposal of Bulky Waste. Contractor may not landfill such Bulky Waste unless the
1582 Bulky Waste cannot be reused or recycled.
1583 10. 10.6 City Direction of Bulky Waste. City reserves the right to direct Contractor to take
1584 specific types of Bulky Waste Collected pursuant to this Section to designated sites not more than twenty
1585 (20) miles from any City boundary for the purpose of reuse or recycling at no cost. Contractor has no
1586 obligation to dispose of the Bulky Item residue remaining at the directed site or sites after scavengers and
1587 recyclers have removed reusable or recyclable Bulky Waste,
1588 10.11 Sharps Collection Program. Home generated sharps, such as needles, syringes, and
1589 lancets shall be placed in a sharps container and removed from the regular waste stream to minimize
1590 exposure to Solid Waste workers and Recyclable Materials processors. To ensure sharps are handled in an
1591 appropriate manner, Contractor shall provide, upon request, each SFD Service Recipient with up to one
1592 postage -paid mail -back sharps container per year at no additional cost. Seniors shall be provided with up to
1593 two postage -paid mail -back sharps containers per year at no additional cost. In addition, Contractor shall
1594 promote this program in newsletters and in other forms of outreach as determined by City. Additionally,
1595 Contractor shall provide to the City on an annual basis not less than 200 postage -paid mail -back Sharps
1596 containers for City staff to distribute at special events.
1597 10.12 Extended Producer Responsibility Diversion Program. Contractor shall provide a minimum
1598 of two City-wide electronic waste, textile, carpet, and mattress collection drives on an annual basis. Contractor
1599 will schedule collection events with City approval and advertise the drop-off events not less than one week
1600 prior to the scheduled collection event, but no more than one month prior to the scheduled collection event.
1601 All textile, carpet and mattresses Collected through this program shall be diverted from the landfill either
1602 through donation to a local non-profit organization or through other means of Diversion.
1603 10.12.1 Temporary Bin and Box Service. Contractor shall provide temporary Bin and Box
1604 service, including Construction and Demolition Debris Bins, to SFD Service Recipients. Contractor shall
1605 deliver such Bin or Box within one Business Day of request. The Contractor shall receive compensation for
1606 Temporary Bin and Box Service from the customer at the rate for such service as set in Exhibit 1.
1607
Article 11. MFD Service
1608 11.01 MFD Conditions of Service. Except as set forth below, Contractor must provide MFD
1609 Collection Services to all MFD Units in the Service Area. The MFD Services are governed by the following
1610 terms and conditions:
1611 11.01.1 Bundled MFD Cart Service. Except for those Service Recipients that choose to
1612 receive Bins for service, Contractor must provide MFD Collection Service to all MFD Service Units in the
1613 Service Area whose MFD Solid Waste is properly containerized in Black/Grey Garbage Carts, Blue
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1614 Recyclable Materials are properly containerized in Recycling Carts, except as set forth in Section 11.08.1;
1615 Organic Wastes are properly containerized in Green Organic Waste Carts, except as set forth in Section
1616 11.09.5, where the Garbage, Recycling, and Organic Waste carts have been placed within three (3) feet of
1617 the curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location
1618 agreed to by Contractor and Service Recipient, that will provide safe and efficient accessibility to Contractor's
1619 Collection crew and vehicle.
1620 11.01.2 Bundled MFD Bin Service. Contractor must provide MFD Solid Waste Collection
1621 Service to MFD Service Units in the Service Area that choose to receive Bins for service. MFD Collection
1622 Service shall be provided in Garbage Bins at the size and frequency as requested by the MFD Service
1623 Recipient, and including at no additional cost one (1) 96 -Gallon Blue Recycling Cart and one (1) 32 -Gallon
1624 Green Organic Waste Cart as part of the base bundled MFD Collection Service. Additional services may be
1625 requested by the MFD Service Recipient. To be exempted from MFD Recycling Service or MFD Organic
1626 Waste Collection Service, Service Recipient must apply for exemption to the Contractor. All such exemption
1627 applications must be reported in the Waste Reporting System and approved by the City. Additional Collection
1628 Containers or different size Collection Containers are subject to the applicable Service Rate set forth in
1629 Exhibit 1.
1630 11.01.3 On -Premises Service. Notwithstanding any term or definition set forth in this
1631 Agreement, Contractor must provide Collection of MFD Garbage, Recycling, and Organic Waste on the MFD
1632 Service Recipients premises to an MFD Service Unit as follows.
1633 11.01.3.1 At no additional cost to the MFD Service Unit. MFD Service Units
1634 where all adult Service Recipients residing therein have disabilities that prevent them from setting their
1635 Garbage, Recycling or Organic Waste Cart at the curb for Collection, and if a request for on -premises
1636 service has been made.
1637 11.01.3.2 At an additional cost to the MFD Service Unit.
1638 a. MFD Service Units where topography, steep driveways, below grade dwellings, or
1639 limited access to public streets that prevents the MFD Service Recipient from setting their Garbage,
1640 Recycling or Organic Waste Cart at the curb for Collection, as determined by the City and agreed by the
1641 Contractor, and if a request for on -premises service has been made.
1642 b. MFD Service Units inaccessible by standard 3 or 4 axel Collection Vehicles as
1643 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the
1644 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult
1645 or impossible to access using regular trash collection trucks.
1646 C. Contractor must offer "push services" to MFD Service Recipients other than those
1647 listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push services
1648 include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers
1649 from their storage location for Collection and returning the Collection Containers back to their storage
1650 location.
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1651 11.01.3.3 Contractor must provide on -premises Collection Service on the
1652 same Work Day that curbside Collection would otherwise be provided to the MFD Service Unit.
1653 11.02 Frequency and Scheduling of Service. This service must be provided as deemed
1654 necessary and determined between Contractor and the MFD Service Unit, but such service must be received
1655 no less than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection
1656 service scheduled to fall on a holiday may be rescheduled as determined between the Service Unit and
1657 Contractor as long as the minimum frequency requirement is met. The size of the container and the frequency
1658 (above the minimum) of Collection will be determined between the MFD Service Unit and Contractor.
1659 However, size and frequency must be sufficient to provide that no Solid Waste need be placed outside the
1660 Collection Container. Contractor must provide containers as part of the Commercial Collection Maximum
1661 Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own Compactor provided
1662 that the Service Recipient is completely responsible for its proper maintenance, and such Compactor is of a
1663 type that is compatible with Contractor's equipment. All other Collection Containers used by Service
1664 Recipients must be owned and supplied by Contractor.
1665 11.03 Manner of Collection. The Contractor must provide Collection Service with as little
1666 disturbance as possible and must leave any Garbage, Recycling or Organic Waste Cart in an upright position
1667 at the same point it was Collected without obstructing alleys, roadways, driveways, sidewalks or mail boxes.
1668 Contractor's employees providing Collection Service must follow the regular walk for pedestrians while on
1669 private property and may not trespass nor cross property to the adjoining premises unless the occupant or
1670 owner of both properties has given permission. Care should be taken to prevent damage to property, including
1671 flowers, shrubs, and other plantings.
1672 11.04 New Carts and Kitchen Food Waste Pails. At the start of this Agreement, Contractor must
1673 supply new Carts and Kitchen Food Waste Pails that comply with Collection Container specifications in Exhibit
1674 4. If any changes to these specifications are adopted after the Effective Date that results in Contractor being
1675 required to replace Collection Containers before they have been fully depreciated, Contractor will be eligible
1676 for additional compensation in accordance with Section 6.07.
1677 11.05 Replacement of Carts. Contractor's employees must take care to prevent damage to Carts
1678 by unnecessary rough treatment. However, any Cart damaged by the Contractor must be replaced by
1679 Contractor, at Contractor's expense, within five (5) Work Days at no cost or inconvenience to the Service
1680 Recipient.
1681 11.05.1 Upon notification to Contractor by City or a Service Recipient that the Service
1682 Recipient's Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor
1683 must deliver a replacement Cart(s) to such Service Recipient within five (5) Work Days. Contractor must
1684 maintain records documenting all Cart replacements occurring and report through the Waste Reporting
1685 System monthly.
1686 11.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or
1687 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient, Except
1688 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where
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1689 Contractor elects to replace a Cart rather than repair it on-site, Contractor will be compensated for the cost
1690 of those replacements in excess of one (1) per type of Cart per Service Recipient during the term of the
1691 Agreement, in accordance with the "Cart Exchange" Service Rate set forth in Exhibit 1, or as may be adjusted
1692 by the City from time to time as provided under this Agreement.
1693 11.05.3 Contractor understands and agrees that this provision is intended to be applied on
1694 a per Cart type, individual Service Recipient basis and accordingly each Service Recipient could receive up
1695 to three (3) replacement Carts, one (1) of each type, every ten (10) years during the term of the contract.
1696 11.05.4 Repair of Garbage. Recycling and Organic Waste Carts. Contractor is responsible
1697 for the repair of Carts, including but not be limited to, hinged lids, wheels and axles. Within five (5) Work
1698 Days of notification by the City or a Service Recipient of the need for such repairs, Contractor must repair
1699 the Cart or if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service Recipient,
1700 11.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that
1701 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient
1702 within five (5) Work Days. Each MFD Service Unit is eligible to receive one (1) free Cart exchange per
1703 Calendar Year during the term of this Agreement for moving to a larger Cart size. Each MFD Service Unit is
1704 eligible to receive unlimited Cart exchanges per Calendar Year during the term of this Agreement for moving
1705 to a smaller Cart size. Accordingly, Contractor will be compensated only for the cost of those exchanges in
1706 excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in accordance with
1707 the "Cart Exchange' service rate as set forth in Exhibit 1 or as may be adjusted this Agreement.
1708 11.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service
1709 Recipient that additional Carts for Garbage, Recyclable Materials, or Organic Waste are requested,
1710 Contractor shall deliver such Carts to such Service Recipient within five (5) Work Days, at the rate set forth
1711 in Exhibit 1.
1712 11.05.7 Ownership of Carts. Ownership of Carts is vested in the Contractor.
1713 11.06 Cleaning of Collection Containers. Once each Calendar Year, if requested by the MFD,
1714 Contractor must clean all Collection Containers or must replace the dirty Collection Containers with clean
1715 Collection Containers. Any Collection Container cleanings done at a Contractor facility must be done in such
1716 a manner that results in no water entering the City's storm drain system. This service must be provided at no
1717 charge to the Service Recipient, so long as the service is not requested more than once per Calendar Year.
1718 In addition, regardless of whether or not this cleaning is requested by the Service Recipient, Contractor will
1719 ensure that all Collection Containers are cleaned on an as -needed basis so as to maintain a clean appearance
1720 and proper function. Additional cleanings beyond once each Calendar Year will be subject to the Service Rate
1721 set forth in Exhibit 1.
1722 11.07 MFD Garbage Collection Service. This service is governed by the following terms and
1723 conditions:
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1724 11.07.1 Non -Collection. Contractor is not required to Collect any Garbage that is not placed
1725 in a Garbage Cart. In the event of non -collection, Contractor will follow the steps set forth in Section 5.10.
1726 11.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of
1727 performing Integrated Solid Waste Handling Services must be transported to, and disposed of, at the
1728 Disposal Facilities listed in Exhibit 9. In the event the Disposal Facility is closed on a Work Day, Contractor
1729 must transport and dispose of the Garbage at another legally permitted Disposal Facility. Failure to comply
1730 with this provision will result in the levy of a penalty as specified in Exhibit 6 and may result in Contractor
1731 being in default under this Agreement.
1732 11.08 MFD Recycling Service. This service is governed by the following terms and conditions:
1733 11.08.1 Conditions of Service. Contractor must provide MFD Recycling Service to all MFD
1734 Service Units in the Service Area whose Recyclable Materials are properly containerized in Recycling
1735 Collection Containers except as set forth below, where the Recycling Collection Containers are accessible.
1736 The Maximum Service Rates for Contractor's MFD Recycling Services are set forth in Exhibit 1.
1737 11.08.2 Base MFD Recycling Service. All MFD Service Recipients subscribing to MFD Solid
1738 Waste Collection Service must receive weekly collection of Recycling Materials with a minimum of at least
1739 one 96 -gallon Recycling Cart per Service Recipient and included in the Bundled Rate set forth in Exhibit 1.
1740 The actual configuration of Recycling Collection Container sizes to be provided will be based on the total
1741 equivalent volume and configured in a manner determined by the Service Recipient in consultation with
1742 Contractor.
1743 11.08.3 Overages. Corrugated cardboard that will not ft inside the Recycling Cart may be
1744 placed beside the Recycling Cart if flattened.
1745 11.08.4 Recycling - Improper Procedure. The Contractor is not required to Collect
1746 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid Waste
1747 or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are
1748 contaminated through commingling with Solid Waste or Organic Waste. To address contamination,
1749 Contractor must follow the steps set forth in Section 5.07.
1750 11.08.5 Materials Recovery Facility. Except as provided in Section 5.07, all Recyclable
1751 Materials collected as a result of performing recycling services must be delivered to the Materials Recovery
1752 Facility listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified
1753 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to
1754 materials processing and marketing will be the sole responsibility of Contractor. City has the right to
1755 designate Materials Recovery Facility.
1756 11.08.6 Move In/Out Collection Service. Within three (3) months of opening a new account,
1757 at no additional charge, each MFD customer may request that Contractor provide one on-call Move-In/Out
1758 Recyclable Material Collection Service for recyclable packaging materials such as flattened cardboard
1759 boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service for each new
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1760 account. This service shall only include Recyclable Materials, and in the event that the Service Recipient
1761 includes Garbage in the materials set out for Collection by Contractor, this service shall be counted as one
1762 of the MFD Service Recipient's free annual Bulky Item Collections as set forth in Section 11.10.
1763 11.08.7 Recycling - Changes to Services. Should changes in Applicable Law arise that
1764 necessitate any additions or deletions to the services described in this Section 11.08, including the type of
1765 items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will enter
1766 into an Agreement amendment covering such modifications to the services to be performed and the
1767 compensation to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions
1768 to such services.
1769 11.09 MFD Organic Waste Collection Service. This service is governed by the following terms
1770 and conditions:
1771 11.09.1 Base MFD Organic Waste Service. All MFD Service Recipients subscribing to MFD
1772 Garbage Collection Service must receive weekly collection of the equivalent volume of at least one (1) 32-
1773 gallon Green Organic Waste Cart per Service Recipient included in the Bundled Service rate. The actual
1774 configuration of Organic Waste Collection Container sizes to be provided will be based on the total equivalent
1775 volume and configured in a manner determined by the Service Recipient in consultation with Contractor.
1776 Contractor may charge for MFD Organic Waste Collection as set forth in Exhibit 1 for MFD Organic Waste
1777 Service greater than the base 32 -gallon Organic Waste Cart.
1778 11.09.2 Size and Frequency of Service. This service will be provided as deemed necessary
1779 and determined between Contractor and the Service Recipient, but such service must be received no less
1780 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection Service
1781 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and
1782 Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin or Cart
1783 at the option of the Service Recipient. The size of the container and the frequency (above the minimum) of
1784 Collection will be determined between the customer and Contractor. However, size and frequency must be
1785 sufficient to provide that no Organic Waste needs be placed outside the Collection Container. Service
1786 Recipients may own and provide their own Compactor provided that the Service Recipient is completely
1787 responsible for its proper maintenance, and such Compactor is of a type that is compatible with Contractor's
1788 equipment. All other Collection Containers used by Service Recipients must be owned and supplied by
1789 Contractor.
1790 11.09.3 Organic Waste Processing Services. Contractor must ensure that all Organic Waste
1791 Collected pursuant to this Agreement is diverted from the landfill in accordance with Applicable Law.
1792 Contractor must ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in
1793 a landfill, except for residue resulting from processing. If the organics processing facility accepts bagged
1794 Organic Waste (where bags are biodegradable or otherwise), then Contractor is obligated to accept bagged
1795 Organic Waste.
1796 11.09.4 Organic Waste Processing Facility. Contractor must deliver all Collected Organic
1797 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Transfer Station, that has
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1798 been listed in Exhibit 9 and agreed upon by the City. All expenses related to Organic Waste processing and
1799 marketing will be the sole responsibility of Contractor. Failure to comply with this provision will result in the
1800 levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement.
1801 City has the right to designate Organic Waste Processing Facility.
1802 11.09.5 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb
1803 for Collection during the three-week period beginning December 261h each year during the term of this
1804 Agreement. Contractor must deliver the Collected Holiday Trees to an appropriate Organic Waste
1805 Processing Facility for Diversion through uses other than Alternative Daily Cover or Beneficial Use. This
1806 annual service will be provided at no additional charge to the Service Recipient. Contractor is not required
1807 to divert Holiday Trees with tinsel, flocking or ornaments.
1808 11.09.6 Non -Collection. Contractor is not required to Collect Organic Waste if the Service
1809 Recipient does not segregate the Organic Waste from Solid Waste or Recyclable Materials. Furthermore,
1810 Contractor is not required to Collect Organic Wastes that are contaminated through commingling with Solid
1811 Waste or Recyclable Materials. Contractor will address contamination in accordance with Section 5.07.
1812 11.10 MFD Bulky Waste Collection Service. This service is governed by the following terms and
1813 conditions:
1814 11.10.1 Conditions of Service. Contractor must provide MFD Bulky Waste Collection
1815 Service, including the collection of E -Waste and U -Waste, to all MFD Service Units in the Service Area
1816 whose Bulky Waste, E -Waste, and U -Waste have been placed within three (3) feet of the curb, swale, paved
1817 surface of the public roadway, closest accessible roadway, or other such location agreed to by Contractor
1818 and Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and
1819 vehicle. Upon property manager request, up to five (5) times per Calendar Year each Service Recipient is
1820 entitled to receive Bulky Item disposal amounting to a combined annual maximum of the equivalent of (a)
1821 six (6) Bulky Items or (b) ten (10) 32 -gallon bags at no additional cost and expense. For subsequent
1822 collection in any Calendar Year, the Contractor shall receive compensation from the customer at the rate for
1823 such service as set in Exhibit 1.
1824 11.10.2 Frequency of Service. Bulky Item Collection Service will be provided on the next
1825 regular Collection day if the request is received at least two (2) Work Days in advance of the next regular
1826 Collection day. The Service Recipient may not intentionally commingle residential Bulky Waste with other
1827 Residential Waste.
1828 11.10.3 Bulky Waste Containing Freon. In the event Contractor Collects Bulky Waste that
1829 contain Freon, Contractor must handle such Bulky Waste in a manner such that the Bulky Waste are not
1830 subject to regulation as hazardous waste under applicable State and Federal laws or regulations.
1831 11.10.4 Maximum Reuse and Recycling. Contractor must dispose of Bulky Waste collected
1832 from Service Units pursuant to this Agreement in accordance with the following hierarchy:
1833 11.10.4.1 Reuse as is (where energy efficiency is not compromised)
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1834 11.10.4.2 Disassemble for reuse or Recycling
1835 11.10.4.3 Recycle
1836 11.10.4.4 Disposal
1837 11. 10.5 Disposal of Bulky Waste . Contractor may not landfill such Bulky Waste unless the
1838 Bulky Waste cannot be reused or recycled.
1839 11.10.6 City Direction of Bulky Waste . City reserves the right to direct Contractor to take
1840 specific types of Bulky Waste Collected pursuant to this Section to designated sites not more than twenty
1841 (20) miles from any City boundary for the purpose of reuse or recycling at no cost. Contractor has no
1842 obligation to dispose of the Bulky Item residue remaining at the directed site or sites after scavengers and
1843 recyclers have removed reusable or recyclable Bulky Waste .
1844 Article 12. Commercial Service
1845 12.01 Commercial Conditions of Service. Except as set forth below, Contractor must provide
1846 Commercial Collection Services to all Commercial Service Units in the Service Area, including MXD Service
1847 Units and those City Service Units listed in Exhibit 3. MFD Units serviced with Bins will abide by the guidelines
1848 listed in this Section but are serviced as part of the Residential Collection Service. This service is governed
1849 by the following terms and conditions:
1850 12.01.1 Provision of Service. Contractor must provide Commercial Garbage Collection
1851 Service, Commercial Recycling Service and Commercial Organic Waste Collection Service to all
1852 Commercial Service Units Service Units in the Service Area whose Solid Waste, Recyclable Materials, and
1853 Organics Waste are properly containerized in Collection Containers as appropriate where the Collection
1854 Containers are accessible as set forth in Section 12.01.4. Contractor must offer Garbage, Recyclable
1855 Materials, and Organic Waste Carts in 32, 64, and 96 -gallon sizes. Contractor must offer Garbage and
1856 Recyclable Materials Bins in 1, 2, 3, 4, and 6 -cubic yard sizes and 1, 2, and 3 -cubic yard sizes for Organic
1857 Waste Bins. Contractor may offer Roll -off Containers in 10, 20, 30, and 40 -cubic yard sizes, and Collection
1858 from Compactors. The size of the container and the frequency (above the minimum) of Collection will be
1859 determined between the Service Recipient and Contractor. However, the size and frequency must be
1860 sufficient to provide that no Garbage, Recyclable Materials, or Organic Waste need be placed outside the
1861 Collection Container. The base Commercial Collection Service will include Commercial Recycling Service
1862 as described in Section 12.04.2 below, and Commercial Organic Waste Collection Service as described in
1863 Section 12.05.5 below.
1864 12.01.2 Bundled Service. For the Commercial Solid Waste Collection Service system,
1865 Contractor shall provide Garbage Bins as requested by the Commercial Service Recipient, and including at
1866 no additional cost one (1) 96 -Gallon Blue Recycling Cart and one (1) 32 -Gallon Green Organic Waste Cart
1867 service as part of the base bundled Commercial Collection Service. Additional services may be requested
1868 by the Commercial Service Recipient. To be exempted from Commercial Recycling Service or Commercial
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1869 Organic Waste Collection Service, Service Recipient must apply for exemption to the Contractor. All such
1870 exemption applications must be reported in the Waste Reporting System and approved by the City.
1871 12.01.3 Hours of Collection. Commercial Collection Service must be provided commencing
1872 no earlier than 6:00 a.m., and terminating no later than 7:00 p.m., Monday through Saturday, except for
1873 Holidays. If the Commercial Collection Service is adjacent to Residential Premises, then collection service
1874 will be provided no earlier than 7:00 a.m. Monday through Friday and 8:00 a.m. on Saturday. The hours,
1875 day, or both of Collection may be extended due to extraordinary circumstances or conditions with the prior
1876 verbal or written consent of the Agreement Administrator.
1877 12.01.4 Accessibility. Contractor must Collect all Collection Containers that are readily
1878 accessible to Contractor's crew and vehicles and not blocked. However, Contractor must provide "push
1879 services' and "stinger/scout truck services' as necessary upon request during the provision of Commercial
1880 Collection Services for the Service Rate set forth in Exhibit 1. Push services include, but are not limited to,
1881 dismounting from the Collection Vehicle, moving the Collection Containers from their storage location for
1882 Collection and returning the Collection Containers back to their storage location. Stinger/scout truck services
1883 provide for the retrieval of Collection Containers from locations with accessibility constraints that make
1884 Containers difficult or impossible to access using regular trash collection trucks.
1885 12.01.5 Manner of Collection. Contractor must provide Commercial Collection Service
1886 consistent with Section 8.36.030 of the City Municipal Code with as little disturbance as possible and must
1887 leave any Collection Container at the same point it originally located without obstructing alleys, roadways,
1888 driveways, sidewalks or mail boxes.
1889 12.02 New Containers. At the start of this Agreement, Contractor must supply new Carts and
1890 newly painted Bins and Roll -off Containers in good condition that comply with Collection Container
1891 specifications in Exhibit 4. If any changes to these specifications are adopted after the Effective Date that
1892 results in Contractor being required to replace Collection Containers before they have been fully depreciated,
1893 Contractor will be eligible for additional compensation in accordance with Section 30.01.1.
1894 12.02.1 Purchase and Distribution of Collection Containers for New Commercial Service
1895 Units. Contractor must also distribute newly painted Collection Containers as specified in Exhibit 4 to new
1896 Commercial and MFD/MXD Service Units that are added to Contractor's Service Area during the term of this
1897 Agreement. The size and mix of the Collection Containers will be in accordance with the service agreement
1898 obtained by Contractor as set forth in this Agreement and the distribution must be completed within five (5)
1899 Work Days of receipt of the request for service.
1900 12.02.2 Replacement of Collection Containers. Contractor's employees must avoid damage
1901 to Collection Containers by unnecessary rough treatment. Any Collection Container damaged by the
1902 Contractor must be replaced by Contractor, at Contractor's expense, within five (5) Work Days at no cost or
1903 inconvenience to the Service Recipient.
1904 12.02.2.1 Each Commercial Service Unit is entitled to the replacement of
1905 one (1) lost, destroyed, or stolen Garbage, Recycling, and Organic Collection Container during the initial
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1906 term of this Agreement at no cost to the Service Unit. Accordingly, Contractor will be compensated for the
1907 cost of those replacements in excess of one (1) Garbage, Recycling, and Organic Collection Container per
1908 Commercial Service Unit during the initial term of the Agreement, in accordance with the "Collection
1909 Container Exchange" Service Rate, as appropriate, set forth in Exhibit 1. Contractor must deliver a
1910 replacement Collection Container to such Service Unit within five (5) Work Days.
1911 12.02.3 Repair of Collection Containers. Contractor is responsible for repair of Collection
1912 Containers. Within five (5) Work Days of notification by City or a Service Recipient of the need for such
1913 repairs, Contractor must repair the Collection Container or if necessary, remove the Collection Container for
1914 repairs and deliver a replacement Collection Container to the Service Recipient. Collection Container repair
1915 also includes the removal of graffiti from the Collection Container.
1916 12.02.4 Collection Container Exchange. Upon notification to Contractor by City or a Service
1917 Recipient that a change in their Collection Containers is required, Contractor must deliver such Collection
1918 Containers to such Service Recipient within five (5) Work Days. Each Commercial Service Unit is eligible to
1919 receive one (1) free Collection Container exchange per Calendar Year during the term of this Agreement.
1920 Contractor is allowed to charge the Service Unit for the cost of those exchanges in excess of one (1)
1921 Collection Container exchange per Calendar Year, in accordance with the appropriate "Collection Container
1922 Exchange' service rate set forth in Exhibit 1 as may be adjusted by City under this Agreement. Additional
1923 Collection Containers or different size Collection Containers are subject to the applicable Service Rate set
1924 forth in Exhibit 1.
1925 12.02.5 Ownership of Collection Containers. Ownership of Collection Containers distributed
1926 by Contractor is vested in Contractor.
1927 12.02.6 Cleaning of Collection Containers. Once each Calendar Year, if requested by the
1928 Commercial Service Unit, Contractor must clean all Collection Containers or must replace the dirty Collection
1929 Containers with clean Collection Containers. Any Collection Container cleanings done at Contractor facility
1930 must be done in such a manner that results in no water entering the City's storm drain system. This service
1931 must be provided at no charge to the Service Unit, so long as the service is not requested more than once
1932 per Calendar Year. In addition, regardless of whether or not this cleaning is requested by the Service Unit,
1933 Contractor will ensure that all Collection Containers are cleaned on an as -needed basis so as to maintain a
1934 clean appearance and proper function. Additional cleanings beyond once each Calendar Year will be subject
1935 to the Service Rate set forth in Exhibit 1.
1936 12.03 Commercial Garbage Collection Service.
1937 12.03.1 Conditions of Service. Contractor must provide Commercial Garbage Collection
1938 Service to all Commercial Service Units in the Service Area whose Garbage is properly containerized in
1939 Garbage Collection Containers, where the Garbage Collection Containers are accessible.
1940 12.03.2 Size and Frequency of Service. This service must be provided as deemed
1941 necessary and determined between Contractor and the Commercial Service Unit, but such service must be
1942 received no less than one (1) time per week with no exception for holiday(s) as set forth herein, except that
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1943 Collection service scheduled to fall on a holiday may be rescheduled as determined between the Service
1944 Unit and Contractor as long as the minimum frequency requirement is met. The size of the container and
1945 the frequency (above the minimum) of Collection will be determined between the Commercial Service Unit
1946 and Contractor. However, size and frequency must be sufficient to provide that no Solid Waste need be
1947 placed outside the Collection Container. Contractor must provide containers as part of the Commercial
1948 Collection Maximum Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own
1949 Compactor provided that the Service Recipient is completely responsible for its proper maintenance, and
1950 such Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers
1951 used by Service Recipients must be owned and supplied by Contractor.
1952 12.03.3 Non -Collection. Contractor is not required to Collect any Commercial Solid Waste
1953 that is not placed in a Garbage Collection Container unless such Commercial Solid Waste is outside the
1954 Garbage Collection Container because of overflow. In the event of non -collection or overflow, Contractor
1955 must follow the steps as set forth in Section 5.13.
1956 12.03.4 Disposal Facility. All Solid Waste collected as a result of performing Commercial
1957 Solid Waste Integrated Solid Waste Handling Services must be transported to, and disposed of, at the
1958 Disposal Facility. In the event the Disposal Facility is closed on a Work Day, Contractor must transport and
1959 dispose of Solid Waste at another legally permitted disposal facility. Failure to comply with this provision will
1960 result in the levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under
1961 this Agreement. City has the right to designate Disposal Facility and agrees to adjust Maximum Service
1962 Rates to reflect City's exercise of flow control rights.
1963 12.04 Commercial Recycling Service. This service is governed by the following terms and
1964 conditions:
1965 12.04.1 Conditions of Service. Contractor must provide Commercial Recycling Service to all
1966 Commercial Service Units in the Service Area whose Recyclable Materials are properly containerized in
1967 Recycling Collection Containers except as set forth below, where the Recycling Collection Containers are
1968 accessible. The Maximum Service Rates for Contractor's Commercial Recycling Services are set forth in
1969 Exhibit 1.
1970 12.04.2 Base Commercial Recycling Service All Commercial Service Recipients
1971 subscribing to Commercial Solid Waste Collection Service must receive weekly collection of Recycling
1972 Materials with a minimum of at least one 96 -gallon Blue Recycling Cart per Service Recipient at no additional
1973 cost as part of the base service and included in the Bundled Rate set forth in Exhibit 1. The actual
1974 configuration of Recycling Collection Container sizes to be provided will be based on the total equivalent
1975 volume and configured in a manner determined by the Service Recipient in consultation with Contractor.
1976 12.04.3 Size and Frequency of Service. This service will be provided as deemed necessary
1977 and determined between Contractor and the Service Recipient, but such service must be received no less
1978 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service
1979 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and
1980 Contractor as long as the minimum frequency requirement is met. Service may be provided by Collection
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1981 Container at the option of the Service Recipient. The size of the Collection Container and the frequency
1982 (above the minimum) of Collection will be determined between the Service Recipient and Contractor.
1983 However, size and frequency must be sufficient to provide that no Recyclable Materials need be placed
1984 outside the Collection Container. Contractor may charge for Commercial Recycling Services above the
1985 weekly trash volume equivalent and must provide Recycling Collection Containers as a part of the Bundled
1986 Service with rates set forth in Exhibit 1. Service Recipients may own and provide their own Compactor
1987 provided that the Service Recipient is completely responsible for its proper maintenance, and such
1988 Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers used
1989 by Service Recipients must be owned and supplied by Contractor.
1990 12.04.4 Recycling - Improper Procedure Contractor is not required to Collect Recyclable
1991 Materials if the Service Recipient does not segregate the Recyclable Materials from Commercial Solid Waste
1992 and Organic Waste. Furthermore, Contractor is not required to collect Recyclable Materials that are
1993 contaminated through commingling with Solid Waste or Organic Waste. To address contamination,
1994 Contractor must follow the steps as set forth in Section 5.07.
1995 12.04.5 Materials Recovery Facility. All Recyclable Materials Collected as a result of
1996 performing Recycling Services must be delivered to the Materials Recovery Facility listed in Exhibit 9. Failure
1997 to comply with this provision will result in the levy of a penalty as specified in Exhibit 6 and may result in
1998 Contractor being in default under this Agreement. All expenses related to materials processing and
1999 marketing will be the sole responsibility of Contractor. City has the right to designate Materials Recovery
2000 Facility and agrees to adjust Maximum Service Rates to reflect City's exercise of flow control rights.
2001 12.04.6 Recycling - Changes to Work. Should changes in law arise that necessitate any
2002 additions or deletions to the work described herein including the type of items included as Recyclable
2003 Materials, the parties will negotiate any necessary cost changes and will enter into an Agreement
2004 amendment covering such modifications to the work to be performed and the compensation to be paid in
2005 accordance with Section 30.01.1 before undertaking any changes or revisions to such work.
2006 12.04.7 Compliance with AB 341 & SB 1383 Contractor will develop and maintain its
2007 Commercial Recycling Service in a manner designed to assist City and the Service Recipients to achieve
2008 and maintain compliance with the Applicable Law, inclusive of AB 341 and SB 1383. Contractor will notify
2009 Commercial Service Recipients of the requirements to comply with the laws by November 2023, and not
2010 less than annually thereafter. Contractor must provide the necessary volume of Collection Service to
2011 Commercial Service Units to be in full compliance with the Applicable Law. In conjunction with the City's
2012 ordinance supporting full compliance with the Applicable Law, inclusive of AB 341 and SB 1383 by
2013 Commercial Service Units (i.e., "generators"), Contractor will conduct in-person outreach to all non -
2014 participating commercial covered generators a minimum of once per calendar year. Failure to conduct such
2015 outreach will result in a penalty as specified in Exhibit 6.
2016 12.04.8 Additional Recycling Collection containers Contractor must provide additional
2017 Recycling Collection Containers to Commercial Service Recipients above the minimum requirements within
2018 five (5) days of request and may charge for such additional capacity set forth in Exhibit 1 provided that
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2019 additional Collection Containers are used by Service Recipients for the purposes of setting out additional
2020 Recyclable Materials for regular weekly Commercial Recycling Service.
2021 12.05 Commercial Organic Waste Collection Service This service is governed by the following
2022 terms and conditions:
2023 12.05.1 Conditions of Service. Contractor must provide Commercial Organic Waste
2024 Collection Service to all Commercial Service Units in the Service Area whose Organic Waste is properly
2025 containerized in Organic Collection Containers, where the Organic Waste Collection Containers are
2026 accessible. Contractor will conduct a site visit with each non-exempt Service Recipient to determine the
2027 specific materials to be included the Service Recipient's Organic Waste Collection (i.e., Food Waste, Green
2028 Waste, combined Food and Green Waste). Contractor will charge for collection of Organic Waste within the
2029 Bundled Service rate specified in Exhibit 1. For Organic Waste collected in Collection Containers beyond
2030 the size specified in the Bundled Service rate, Contractor will charge at the rate set forth in Exhibit 1.
2031 Contractor agrees that not all Service Units will elect to receive Organic Waste Collection Service in Carts,
2032 and that Contractor will provide Organic Waste Collection Bins upon request and as necessary. Service
2033 Recipients may elect to add Green Waste only Collection Bins to their service at pricing included in Exhibit
2034 1. Contractor will provide a sufficient number of Collection Containers and at a collection frequency to allow
2035 for any such Service Unit to utilize the collection of Organic Waste. Commercial Organic Waste Collection
2036 will occur Monday through Saturday upon request and as necessary. City shall provide Contractor a list of
2037 the names and addresses of Commercial Service Units that are approved by City for exemption from Organic
2038 Waste Collection.
2039 12.05.2 Organic Waste Processing Services. Contractor must ensure that all Organic Waste
2040 Collected pursuant to this Agreement is diverted from the landfill in accordance with Applicable Law.
2041 Contractor must ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in
2042 a landfill, except for residue resulting from processing. If the organics processing facility accepts bagged
2043 organic waste, then Contractor is obligated to accept bagged Organic Waste.
2044 12.05.3 Organic Waste Processing Facility. Contractor must deliver all Collected Organic
2045 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Organic Waste transfer
2046 station listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified
2047 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to
2048 Organic Waste processing and marketing will be the sole responsibility of Contractor. City has the right to
2049 designate Organic Waste Processing Facility and agrees to adjust Maximum Service Rates to reflect City's
2050 exercise of flow control rights.
2051 12.05.4 Organic Waste Collection Frequency. Contractor must comply with CalRecycle
2052 collection frequency requirements as they may apply during the term of this Agreement. If any such changes
2053 to collection frequency are adopted after Effective Date that result in Contractor being allowed to reduce the
2054 frequency of Garbage or Organic Waste Collection, or otherwise cause Contractor to reduce its collection
2055 costs as a result in a change in Garbage or Organic Waste collection frequency, Contractor must provide
2056 City with its estimate of reduced its costs and shall make adjustments to the Maximum Service Rates,
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2057 12.05.5 Base Commercial Organic Waste Service All Commercial Service Recipients
2058 subscribing to Commercial Garbage Collection Service must receive weekly collection of the equivalent
2059 volume of at least one (1) 32 -gallon Green Organic Waste Cart per Service Recipient at no additional cost
2060 as part of the base service included in the Bundled Service rate. The actual configuration of Organic Waste
2061 Collection Container sizes to be provided will be based on the total equivalent volume and configured in a
2062 manner determined by the Service Recipient in consultation with Contractor. Contractor may charge for
2063 Commercial Organic Waste Collection as set forth in Exhibit 1 for Commercial Organic Waste Service
2064 greater than the base 32 -gallon Organic Waste Cart.
2065 12.05.6 Size and Frequency of Service This service will be provided as deemed necessary
2066 and determined between Contractor and the Service Recipient, but such service must be received no less
2067 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service
2068 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and
2069 Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin or Cart
2070 at the option of the Service Recipient. The size of the container and the frequency (above the minimum) of
2071 Collection will be determined between the customer and Contractor. However, size and frequency must be
2072 sufficient to provide that no Organic Waste needs be placed outside the Collection Container. Service
2073 Recipients may own and provide their own Compactor provided that the Service Recipient is completely
2074 responsible for its proper maintenance, and such Compactor is of a type that is compatible with Contractor's
2075 equipment. All other Collection Containers used by Service Recipients must be owned and supplied by
2076 Contractor.
2077 12.05.7 Organic Waste - Improper Procedure Contractor is not required to Collect Organic
2078 Waste if the Service Recipient does not separate the Organic Waste from Solid Waste and Recyclable
2079 Materials. Furthermore, Contractor is not required to collect Organic Waste that is contaminated through
2080 commingling with Solid Waste or Recyclable Materials. To address contamination, Contractor must follow
2081 the steps set forth in Section 5.07.
2082 12.05.8 Orqanic Waste - Changes to Services Should changes in law arise that necessitate
2083 any additions or deletions to the services described in this Section including the type of items included as
2084 Organic Waste, the parties will negotiate any necessary cost changes and will enter into an Agreement
2085 amendment covering such modifications to the services to be performed and the compensation to be paid
2086 in accordance with Section 30.01.1 before undertaking any changes or revisions to such services.
2087 12.05.9 Compliance with AB 1826 & SB 1383 Contractor will develop and maintain its
2088 Commercial Organic Waste Collection Service in a manner designed to assist City and Service Recipients
2089 to achieve and maintain compliance with Applicable Law inclusive of AB 1826 and SB 1383. Contractor will
2090 notify non-exempt covered businesses of the requirements to comply with the Applicable Law in November
2091 2023, and no less than annually thereafter. Contractor will offer to provide the volume of collection service
2092 that covered businesses require to be in compliance with the law. In conjunction with the City's ordinance
2093 supporting full compliance with the Applicable Law inclusive of AB 341, SB 1383 and AB 827 by Commercial
2094 Service Units (i.e., "generators'), Contractor will conduct in-person outreach to all non -participating non -
2095 exempt commercial covered generators as specified in Section 20.02. Failure to conduct such outreach will
2096 result in a penalty as specified in Exhibit 6.
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2097 12.05. 10 Additional Organic Waste Collection Containers Contractor must provide
2098 additional Organic Waste Collection Containers to Service Recipients at the rates listed in Exhibit 1 provided
2099 that additional Collection Containers are used by Service Recipients for the proposes of setting out additional
2100 Organic Waste materials for regular weekly Organic Waste Collection Service.
2101 Article 13. Mixed Use Dwelling Service (MXD)
2102 13.01 MXD Collection Service. As in Section 12.01.
2103 13.02 MXD Solid Waste Collection Service. As in Section 12.03.
2104 13.03 MXD Recycling Service. As in Section 12.04.
2105 13.04 MXD Move In/Out Collection Service. As in Section 10.08.4.
2106 13.05 MXD Organic Waste Collection Service As in Section 12.05.
2107 13.06 MXD Bulky Waste Collection Services As in Section 10.10; Contractor may charge Service
2108 Recipients for Bulky Waste Collections subject to the Maximum Service Rate in Exhibit 1.
2109 Article 14. City Services
2110 14.01 City Collection Services.
2111 14.01.1 Contractor shall provide Garbage, Recycling, and Organic Waste Collection
2112 Services to all City Service Units set forth in Exhibit 3, or as City may designate in the future (and where
2113 applicable, subject to the conditions in this Section), where the Containers are not blocked and are
2114 accessible by Contractor's Collection Vehicles.
2115 14.01.2 Bulky Waste Collection Service. Contractor shall collect Bulky Waste , including E-
2116 Waste and Universal Waste, from City Services Units as listed on Exhibit 3 on an on-call basis on the same
2117 terms and conditions as are provided to SFD Service Units per Section 10.10.
2118 14.01.3 City Transit Shelters. Contractor shall provide Garbage collection services to public
2119 trash cans and City -owned bus stops not less than three(3) days per week. Collection service at City Transit
2120 Shelters shall include power washing public trash cans and maintaining cleanliness in and around the trash
2121 cans on an annual basis. City Transit Shelter Garbage collection service areas are specified in Exhibit 3.
2122 14.01.4 Development Review. Contractor, upon City's request, shall assist the City in the
2123 review of applicants' plans for projects covered by Public Resources Code § 42911, including commercial
2124 and multi -family projects, to provide for effective and economical accumulation and collection of Solid Waste.
2125 14.01.5 Abandoned Waste Removal. Within one (1) Work Day of a request from the
2126 Agreement Administrator, Contractor shall provide abandoned waste removal services. Contractor shall be
2127 responsible for loading or arranging for loading of abandoned waste. Contractor shall collect, transport and
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2128 deliver abandoned waste to a Disposal Facility, the Materials Recovery Facility, or Organics Processing
2129 Facility, as appropriate given the characteristics of the abandoned waste. Contractor shall collect, transport
2130 and process the abandoned waste from up to sixty (60) illegal dumping locations identified by the City each
2131 Agreement Year at no charge to the City. Contractor shall be entitled to charge the City for collected materials
2132 exceeding sixty (60) collections per Agreement Year in accordance with the Service Recipient Rates as set
2133 forth in Exhibit 1.
2134 14.02 City Collection Conditions of Service. City Collection Services shall be governed by the
2135 following terms and conditions:
2136 14.02.1 Contractor's Good Will. In exchange for the good will of the City and the general
2137 public, Contractor voluntarily agrees to provide Integrated Solid Waste Handling Services under this Article
2138 at no cost to the City excepting excess service as provided in this Article, and warrants that such service
2139 shall neither impact the Maximum Service Rates nor be otherwise paid for or subsidized by any other Service
2140 Recipients.
2141 14.02.2 Contractor shall receive written permission from the City before placing any
2142 Collection Containers on City owned property for service, except that no such permission shall be needed
2143 to place Collection Containers at locations specified for such Containers in Exhibit 3.
2144 14.02.3 Contractor shall limit the number of trips and the path of travel for Collection
2145 Vehicles in City parking lots.
2146 14.02.4 Container Service. City Facilities shall be provided Integrated Solid Waste Handling
2147 Services generally subject to the same terms and conditions as similar Service Units regarding Container
2148 specifications, repair, replacement, cleanings, and exchange; provided the City shall not be charged for any
2149 requests for such services.
2150 14.02.5 Frequency of Service. The frequency of collection may be designated by the City,
2151 but not to exceed six (6) times per week per container. City may change the City Service Units receiving
2152 service, and the container volume and Collection frequency provided to any City Service Unit, by written
2153 notice to Contractor.
2154
Article 15. Additional Services
2155 15.01 Good Corporate Citizenship Programs. Contractor will provide the following good corporate
2156 citizenship programs, partnerships, and collaboration efforts to the Rosemead community.
2157 15.01.1 Collection for City Sponsored Events. Contractor will provide Garbage, Recycling,
2158 and Organic Waste Collection Services at all City sponsored events, including, but not limited to the 4th of
2159 July Event, Moon Festival Event, and Fall Fiesta Event.
2160 15.01.2 Compost Giveaway. At no cost to City, Contractor shall provide, at a minimum, 60
2161 tons of compost or mulch, or a combination of the two, for compost giveaways twice per year. City Manager
2162 and Contractor shall agree upon the times and location for these two giveaways. Compost or mulch that
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2163 satisfies the definition of recovered organic waste products under SB 1383 shall be used to satisfy the City's
2164 SB 1383 procurement requirements.
2165 15.01.3 Paper Shred Days. Two times per Calendar Year, at no additional cost to the City
2166 or its residents, Contractor shall conduct a free paper shredding event at a location and time agreed upon
2167 by the Parties. At each event, all City residents will be permitted to deliver an unlimited amount of paper for
2168 shredding free of charge by Contractor. Contractor shall arrange for all shredded paper generated by each
2169 event to be processed in such a manner so as to ensure the diversion of this material from landfilling.
2170 15.01.4 Public Education and Outreach. Contractor shall provide public education and
2171 outreach to residents and businesses in the City through quarterly newsletters, semi-annual billing inserts,
2172 commercial and multi -family recycling workshops, and technical assistance. Outreach and education
2173 services are further described in Exhibit 11.
2174 15.01.5 Rosemead High School Scholarship Program. Contractor shall develop a school
2175 outreach program including, at a minimum, the sponsorship of five (5) annual scholarships of one thousand
2176 dollars ($1,000) each for high school students that reside in the City and are interested in environmental
2177 sciences and sustainability issues. The scholarships shall be awarded based on an essay contest which
2178 shall be judged jointly by Contractor and City.
2179 15.01.6 "Serve Rosemead" Community Quality of Life Cleanup Events. Contractor shall be
2180 committed to volunteer a minimum of one "Serve Rosemead" landscaping, clean-up, or beautification
2181 projects annually over the Agreement term.
2182 15.01.7 Annual Dumpster Day. Contractor shall host an annual, "Dumpster Day," at no
2183 additional cost to the City or its residents. Contractor shall conduct a the "Dumpster Day" event at a location
2184 and time agreed upon by the Parties.
2185 15.01.8 Software Tracker. Contractor shall provide City with access to a software, such as
2186 Recyclist, that (a) allows City to readily access and download the information that Contractor has provided,
2187 (b) Contractor pays for the cost of the licensing or contracting for use of the system by City, including at least
2188 one (1) license for a City user, and (c) the software vendor enters into an agreement with Contractor
2189 reasonably acceptable to Contractor that requires the vendor (and its affiliates, successors and any future
2190 acquiror) to: maintain adequate data security and indemnify City to the same extent as it indemnifies
2191 Contractor.
2192 15.01.9 Public Outreach Fund. Funds provided by Contractor for the Public Outreach
2193 Program shall be at least $20,000 annually for sponsorships and charitable giving to community
2194 organizations.
2195
Article 16. Collection Routes
2196 16.01 Service Routes. Contractor must provide City with maps and digital mapping data precisely
2197 defining Collection routes, together with the days and the times at which Collection will regularly commence.
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2198 16.02 Initial Route Changes Contractor agrees not to change any Residential Integrated Solid
2199 Waste Handling Services routes in effect as of the Effective Date of this Agreement prior to July 1, 2024,
2200 except for limited route changes that may be necessary for new development, and subject to review and
2201 approval by the City. After July 1, 2024, if any re-routing of Residential Integrated Solid Waste Handling
2202 Services is necessary for collection efficiency, Contractor may submit to City, in writing, proposed route
2203 changes (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of
2204 implementation. Any such initial routing change may not affect more than ten percent (10%) of SFD Service
2205 Units in the City and is subject to City review and approval.
2206 16.03 Future Service Route Changes Contractor must submit to City, in writing, any proposed
2207 route change (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of
2208 implementation. Contractor may not implement any route changes without the prior review of the Agreement
2209 Administrator. If the change will change the Collection day for a Service Recipient, Contractor must notify
2210 those Service Recipients in writing of route changes not less than thirty (30) days before the proposed date
2211 of implementation.
2212 16.04 Collection Route Audits. City reserves the right to conduct audits of Contractor's Collection
2213 routes. Contractor must cooperate with City in connection therewith, including permitting City employees or
2214 agents, designated by the Agreement Administrator, to ride in the Collection Vehicles to conduct the audits.
2215 Contractor has no responsibility or liability for the salary, wages, benefits or worker compensation claims of
2216 any person designated by the Agreement Administrator to conduct such audits.
2217 Article 17. Minimum Performance Standards
2218 17.01 Billing Audit and Performance Reviews
2219 17.01.1 Contractor Shall Review its Billings to all Customers The purpose of the review is
2220 to determine that the amount which the Contractor is billing each Customer is correct regarding the level of
2221 service (i.e., frequency of collection, size of container, location of container) at the rates approved by City
2222 Council resolution. The Contractor shall review Customer accounts not less than annually and provide a
2223 written certification to the City that all such billing is correct. The documentation of the review, as well as
2224 verification that any errors have been corrected should be provided to the City annually.
2225 17.01.2 Selection and Cost. City may conduct billing audit and performance reviews
2226 (together, `reviews") of Contractor's performance during the term of this Agreement, as provided herein. The
2227 reviews will be performed by the City or a qualified firm under contract to City. City will have the final
2228 responsibility for the selection of the firm. City may conduct reviews at any time during the term of the
2229 Agreement. City and Contractor agree to each pay one hundred -percent (100%) of the cost of the audits
2230 and performance reviews provided for under Section 17.01.
2231 17.01.2.1 Full Reviews During Term City may conduct two (2) full reviews
2232 with costs apportioned as stated in Section 17.01.2 during the I Term of this Agreement. The purpose of
2233 these full reviews will be as described in Section 17.01.3 below.
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2234 17.01.3 Purpose. The reviews will be designed to verify that customer billing rates have
2235 been properly calculated and they correspond to the level of service received by the customer, verify that
2236 Contractor is correctly billing for all services provided, Franchise Fees and other fees required under this
2237 Agreement have been properly calculated and paid to City, verify Contractor's compliance with the reporting
2238 requirements and performance standards of this Agreement, verify the diversion percentages reported by
2239 Contractor, and verify any other provisions of the Agreement. City (or its designated consultant) may utilize
2240 a variety of methods in the execution of this review, including, but not limited to, analysis of relevant
2241 documents, on-site and field observations, and interviews. City (or its designated consultant) will review and
2242 document the items in the Agreement that require Contractor to meet specific performance standards, submit
2243 information or reports, perform additional services, or document operating procedures, that can be
2244 objectively evaluated. This information will be documented and be formatted in a "compliance checklist" with
2245 supporting documentation and findings tracked for each of the identified items. The review will specifically
2246 include a determination of Contractor's compliance with the diversion requirements of Article 8, and the
2247 public outreach and education requirements of Article 20. City (or its designated consultant) may review the
2248 customer service functions and structure utilized by Contractor. This may include Contractor's protocol for
2249 addressing customer complaints and service interruption procedures. Complaint logs may be reviewed,
2250 along with procedures and systems for tracking and addressing complaints. On-site and field observations
2251 by City (or its designated consultant) may include, but are not necessarily limited to:
2252 17.01.3.1 Interviews and discussions with Contractor's administration and
2253 management personnel;
2254 17.01.3.2 Review and observation of Contractor's customer service functions
2255 and structure;
2256 17.01.3.3 Review of public education and outreach materials;
2257 17.01.3.4 Interviews and discussions with Contractor's financial and accounting
2258 personnel;
2259 17.01.3.5 Interviews with route dispatchers, field supervisors and managers;
2260 17.01.3.6 Interviews with route drivers;
2261 17.01.3.7 Interviews with vehicle maintenance staff and observation of
2262 maintenance practices; and
2263 17.01.3.8 Review of on -route Integrated Solid Waste Handling Services,
2264 including observation of driver performance and collection productivity
2265 and visual inspection of residential routes before and after collection
2266 to evaluate cart placement and cleanliness of streets.
2267 17.01.4 Contractor's Cooperation. Contractor shall cooperate fully with the review and
2268 provide all requested data, including operational data, financial data, and other data reasonably requested
2269 by City within fifteen (15) Work Days of the request.
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2270 17.01.5 Additional Billing Audit and Performance Review. In the event that the Billing Audit
2271 and Performance Review concludes that Contractor is not in compliance with all terms and conditions of this
2272 Agreement and such non-compliance is material, Contractor is subject to administrative fees and penalties
2273 as described in Exhibit 6 as well as reimbursement to the City for the full cost of the audit plus any
2274 underpayments discovered during the Audit. Additionally, City may conduct an Additional Billing Audit and
2275 Performance Review beyond the two (2) specified in Section 17.01.2, to ensure that Contractor has cured
2276 any such area of non-compliance. Contractor will be responsible for the cost of any such Additional Billing
2277 Audit and Performance Review for a maximum cost of One -hundred Twenty Thousand Dollars ($120,000)
2278 (starting on July 1, 2024 and each January 1s' thereafter, with the maximum cost for the review adjusted
2279 annually by the change in the CPI). For the purposes of a determination of non-compliance under this
2280 Agreement, Audit findings which result in underpayments of $100,000 or more shall be deemed material.
2281 17.01.6 City Requested Program Review. City reserves the right to require Contractor to
2282 periodically conduct reviews of the Garbage, Recycling, and Organic Waste Collection Service programs,
2283 provided that such reviews are reasonable and can be accomplished at no additional cost to Contractor and
2284 without interfering with Contractor's operations. Such reviews could assess one or more of the following
2285 performance indicators: average volume of Recyclable Materials per setout per customer, average volume
2286 of Organic Waste per setout per customer, participation level, contamination levels, etc. Prior to the program
2287 evaluation review, City and Contractor will meet and discuss the purpose of the review and agree on the
2288 method, scope, and data to be provided by Contractor.
2289 17.02 Cooperation with Other Program Reviews. Contractor shall cooperate with City and/or its
2290 agent(s) as reasonably requested to collect program data, perform field work, conduct route audits to
2291 investigate customer participation levels and setout volumes and/or evaluate and monitor program results
2292 related to Garbage, Recyclable Materials and Organic Waste collected in City by Contractor, provided that
2293 such cooperation can be accomplished at no additional cost to Contractor and without interfering with
2294 Contractor's operations.
2295 Article 18. Collection Equipment
2296 18.01 General Provisions. All equipment used by Contractor in the performance of services under
2297 this Agreement must be of a high quality and meet all Federal, State, and local regulations and air quality
2298 standards, including all applicable provisions of Air Quality Management District. Collection vehicles must be
2299 designed and operated so as to prevent collected materials from escaping from the vehicles. Hoppers must
2300 be closed on top and on all sides with screening material to prevent collected materials from leaking, blowing
2301 or falling from the vehicles. All trucks and containers must be watertight and must be operated so that liquids
2302 do not spill during Collection or in transit.
2303 18.02 Bulky Waste. Vehicles used for Collection of Bulky Waste may not use compactor
2304 mechanisms or mechanical handling equipment that may damage reusable goods or release Freon or other
2305 gases from pressurized appliances.
2306 18.03 Collection Vehicles. Contractor must use Collection Vehicles as listed in the schedule
2307 included in Exhibit 5 and may not use any Collection Vehicle that is more than fifteen (15) years old during
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2308 the term of the Agreement. Contractor shall register all new Collection Vehicles under this Agreement to its
2309 address within the City, and shall report all purchases of Collection Vehicles under this Agreement as
2310 attributable to the City for sales tax purposes. Collection Vehicles must utilize low carbon ("alternative') fuel,
2311 which must be renewable natural gas, LNG, CNG, or electric unless otherwise pre- authorized by the City in
2312 writing. Contractor shall transition all of its franchise residential and commercial collection vehicles to
2313 renewable natural gas (RNG) by December 31, 2025. If during the term of the Franchise Agreement, new
2314 technologies are available such as hybrid or electric powered collection vehicles, the City or the Contractor
2315 may request/negotiate implementation of such new collection vehicles, with a corresponding change to the
2316 Maximum Service Rates to reflect additional cost or savings. During the Term, to the extent required by law,
2317 Contractor shall provide its Collection Vehicles to be in full compliance with all Applicable Laws, including
2318 State and Federal clean air requirements that are adopted or proposed to be adopted, including, but not
2319 limited to, the California Air Resources Board Heavy Duty Engine Standards as currently proposed to be
2320 contained in California Code of Regulations, title 13, sections 2020 et seq., the Federal EPA's Highway Diesel
2321 Fuel Sulfur regulations and all other applicable air pollution control laws.
2322 18.04 Collection Vehicle Technology. Contractor must use Collection Vehicles fitted with GPS
2323 tracking devices that can be used to record start and stop times, vehicle locations, and maximum speed.
2324 Contractor shall furnish to the City at no additional cost or expense any software and equipment necessary
2325 for City to track the location of Collection Vehicles in real time and to generate reports as needed. By no later
2326 than August 1, 2025, Collection Vehicles must also be fitted with cameras that are programmed to take
2327 photos, date and location stamped, to document violations, including contamination, overfilling, and lids not
2328 closed. GPS and camera data must be accessible by City.
2329 18.05 Collection Vehicle Size Limitations / Overweigh Vehicle Charge. Contractor may not use
2330 any Collection Vehicle in violation of weight limitations in Applicable Law including any weight limitation placed
2331 on any public roadway or alley as adopted and posted by City. The Contractor may exceed the Collection
2332 Vehicle size limitation for a limited time due to extraordinary circumstances or conditions with the prior written
2333 consent of the Agreement Administrator. The limited time may not exceed 120 days. Contractor must report
2334 all instances of overweight vehicles to City as part of its quarterly Franchise Fee submittal described in Section
2335 4.03, and as part of its Annual Reports to the City described in Section 22.03. Contractor may be assessed
2336 administrative charges as specified in Exhibit 6 as a result of exceeding an overweight vehicle rate of five
2337 percent (5.00%) in any Calendar Year during the term of the Agreement. The overweight vehicle rate will be
2338 calculated as the total number of overweight Collection Vehicle instances during the Calendar Year, divided
2339 by the total number of Collection Vehicle loads transported during the Calendar Year. Prior to collecting
2340 administrative charges for overweight vehicles, the City shall afford Contractor a reasonable opportunity to
2341 provide the Agreement Administrator documentation of the extraordinary circumstance that caused the
2342 overweight vehicles. Extraordinary circumstances in this particular case include, but may be limited to, heavy
2343 rains or high winds that caused excess Green Waste to be generated, rain to accumulate in open Collection
2344 Containers, or normal Collection routes to be delayed or shortened to extreme weather conditions. The
2345 Agreement Administrator shall have authority to consider Contractor's documentation and uphold and collect
2346 the assessed charge, to reduce the charge, or waive and dismiss the charge. The Agreement Administrator
2347 shall also have the authority to waive charges in advance of an anticipated, or in response to and actual,
2348 emergency event.
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2349 18.06 Registration; Inspection. All vehicles used by Contractor in providing Integrated Solid
2350 Waste Handling Services under this Agreement, except those vehicles used solely on Contractor's premises,
2351 are to be registered with the California Department of Motor Vehicles. In addition, each such vehicle must be
2352 inspected by the California Highway Patrol in accordance with Applicable Law. Within two (2) Work Days of
2353 a request from the Agreement Administrator, Contractor must provide City a copy of its vehicle maintenance
2354 log and any safety compliance report, including, but not limited to, any report issued under California Vehicle
2355 Code sections 34500 and following, as well as the biennial "BIT" inspections conducted by the California
2356 Highway Patrol.
2357 18.07 Safety Markings. All Collection equipment used by Contractor must have appropriate safety
2358 markings including, but not limited to, highway lighting, flashing and warning lights, clearance lights, and
2359 warning flags. All such safety markings must be in accordance with the requirements of the California Vehicle
2360 Code, as may be amended from time to time.
2361 18.08 Vehicle Signage and Painting. Collection Vehicles must be painted and numbered without
2362 repetition and must have Contractor's name, Contractor's customer service telephone number, and the
2363 number of the vehicle painted in letters of contrasting color, at least four (4) inches high, on each side and
2364 the rear of each vehicle. All Collection Vehicles shall display the words "Servicing the City of Rosemead"
2365 in letters no less than two inches (2") high and the City Seal. No advertising is permitted other than the name
2366 of Contractor, its logo and registered service marks, except promotional advertisement of the Recyclable
2367 Materials and Organic Waste programs, which is encouraged. City to approve any promotional material of
2368 the Recyclable Materials and Organic Waste Programs affixed to or painted on Contractor's Collection
2369 Vehicles and may require such promotion to be utilized from time to time to encourage correct recycling,
2370 reduce contamination, and provide relevant education. Contractor must repaint all vehicles (including vehicles
2371 striping) during the term of this Agreement on a frequency as necessary to maintain a positive public image
2372 as reasonably determined by the Agreement Administrator, but not less often than once every five years.
2373 18.09 Bin and Roll -off Signage, Painting, and Cleaning. All metal bins and Roll -offs of any service
2374 type furnished by Contractor must be either painted or galvanized. All metal or plastic bins and Roll -offs must
2375 display Contractor's name, Contractor's customer service telephone number, and the number of the Bin or
2376 Roll -off and must be kept in a clean and sanitary condition. Bins and Roll -offs should be free of dents and
2377 graffiti, new at the start of this Agreement, and painted as needed to maintain an orderly appearance
2378 throughout the term of the Agreement, but not less frequently than once every three years. Bins and Roll -offs
2379 may be subject to periodic, unscheduled inspections by City and determination as to sanitary condition will
2380 be made by City.
2381 18.10 Vehicle Certification. For each Collection Vehicle used in the performance of services
2382 under this Agreement, Contractor must obtain a certificate of compliance (smog check) issued pursuant to
2383 Part 5 of Division 26 of the California Health and Safety Code (Section 43000 and following) and regulations
2384 promulgated thereunder and/or a safety compliance report issued pursuant to Division 14.8 of the California
2385 Vehicle Code (Section 34500 and following) and the regulations promulgated thereunder, as applicable to
2386 the vehicle. Contractor must maintain copies of such certificates and reports and must make such certificates
2387 and reports available for inspection upon request by the Agreement Administrator.
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2388 18.10.1 No later than annually, Contractor must submit to the Agreement Administrator
2389 verification that each of the Contractor's Collection Vehicles has passed the California Heavy Duty Vehicle
2390 Inspection. Thereafter, Contractor must cause each vehicle in Contractor's Collection fleet to be tested
2391 annually in the California Heavy Duty Inspection Program and must, upon request, submitwritten verification
2392 to City within ten (10) Work Days of the completion of such test. Contractor may not use any vehicle that
2393 does not pass such inspection.
2394 18.11 Equipment Maintenance. Contractor must maintain Collection equipment in a clean
2395 condition and in good repair at all times. All parts and systems of the Collection equipment must operate
2396 properly and be maintained in a condition satisfactory to City. Contractor must wash all Collection Vehicles
2397 at least once a week.
2398 18.12 Maintenance Log. Contractor must maintain a maintenance log for all Collection Vehicles.
2399 The log must at all times be accessible to City by physical inspection upon request of Agreement
2400 Administrator, and must show, at a minimum, each vehicle Contractor assigned identification number, date
2401 purchased or initial lease, dates of performance of routine maintenance, dates of performance of any
2402 additional maintenance, and description of additional maintenance performed.
2403 18.13 Equipment Inventory. On or before January 1, 2024, Contractor shall provide to City an
2404 inventory of Collection Vehicles and major equipment used by Contractor for Collection or transportation and
2405 performance of services under this Agreement. The inventory must indicate each Collection Vehicle by
2406 Contractor assigned identification number, DMV license number, the age of the chassis and body, type of
2407 fuel used, the type and capacity of each vehicle, the number of vehicles by type, the date of acquisition, the
2408 decibel rating and the maintenance and rebuild status. Contractor must submit to the Agreement
2409 Administrator, either by fax or e-mail, an updated inventory annually to the City or more often at the request
2410 of the Agreement Administrator. Each inventory must also include the tare weight of each vehicle as
2411 determined by weighing at a certified scale used by Contractor. Each vehicle inventory must be accompanied
2412 by a certification signed by Contractor that all Collection Vehicles meet the requirements of this Agreement.
2413 18.14 Reserve Equipment. Contractor shall have available to it, at all times, reserve Collection
2414 equipment which can be put into service and operation within one (1) hour of any breakdown. Such reserve
2415 equipment must correspond in size and capacity to the equipment used by the Contractor to perform the
2416 contractual duties.
2417 18.15 RNG Fuel Procurement Credits. Contractor agrees to coordinate and cooperate with the
2418 City to meet its Recovered Organic Waste Product procurement target, as defined in and required by
2419 Applicable Law. In support of that objective the City will receive any applicable SB 1383 Recovered Organic
2420 Waste Product procurement credits for all RNG used by the Contractor to power Contractor's Collection
2421 vehicles as allowed by the Applicable Law and within the time provided therein.
2422
Article 19. Contractor's Office
2423 19.01 Contractor's Office. Contractor shall maintain an office in the City of Rosemead, California
2424 that is accessible to persons with disabilities as required by the Americans with Disabilities Act (ADA). Such
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2425 office must be equipped with enough telephones that all Collection Service -related calls received during
2426 normal business hours are answered by an employee within five (5) rings. The office must have responsible
2427 persons in charge during Collection hours and must be open during such normal business hours, 7:00 a.m.
2428 to 6:00 p.m. on Monday through Friday and Saturday from 8 a.m. to 12 p.m. and during Collection Service
2429 hours. Contractor must provide either a local or toll-free telephone number that connects to the call center
2430 described in Section 19.02, and a telephone answering service or mechanical device to receive Service
2431 Recipient inquiries during those times when the office is closed. Calls received after normal business hours
2432 must be addressed the next Work Day morning.
2433 19.02 Customer Service Call Center. Contractor must maintain a Customer Service call center
2434 within the United States. Such office must be equipped with enough telephones that all customer service -
2435 related calls received during normal business hours, 7:00 a.m. to 6:00 p.m. on Monday through Friday and
2436 Saturday during Collection Service hours from 8 a.m. to 12 p.m., are answered by an employee within five
2437 (5) rings.
2438 19.03 Emergency Contact. Contractor must provide the Agreement Administrator with an
2439 emergency phone number where the Contractor can be reached outside of the required office hours.
2440 19.04 Multilingual/TDD Service. Contractor must always maintain the capability of responding to
2441 telephone calls in English, Spanish, Mandarin, Vietnamese, and such other languages as City may direct.
2442 Contractor must always maintain the capability of responding to telephone calls through Telecommunications
2443 Device for the Deaf (TDD) Services.
2444 19.05 Service Recipient Calls. During office hours, Contractor must maintain a telephone
2445 answering system capable of accepting at least five (5) incoming calls at one time. Contractor must record all
2446 calls including any inquiries, service requests and complaints into a customer service log.
2447 19.05.1 All incoming calls will be answered at the local office or call center within 5 rings.
2448 Any call "on -hold" in excess of 1.5 minutes must have the option to remain "on -hold" or request a "call-back'
2449 from a customer service representative. Contractor's customer service representatives must return Service
2450 Recipient calls. For all messages left before 3:00 p.m., all "call backs' must be attempted a minimum of one
2451 time prior to 5:00 p.m. on the day of the call. For messages left after 3:00 p.m., all 'ball backs" must be
2452 attempted a minimum of one time prior to noon the next Work Day. Contractor must make minimum of three
2453 (3) attempts within one (1) Work Day of the receipt of the call. If Contractor is unable to reach the Service
2454 Recipient on the next Work Day, Contractor must send a postcard, email or text, as indicated by the Service
2455 Recipient to the Service Recipient on the second Work Day after the call was received, indicating that the
2456 Contractor has attempted to return the call.
2457 Article 20. Contractor Support Services
2458 20.01 Sustainability/Compliance Representative. Contractor will hire staff, including at least two
2459 dedicated full-time Sustainability/Compliance Representatives as of the Commencement Date, to conduct
2460 site visits and provide outreach and education in support of meeting Franchise and CalRecycle Diversion
2461 requirements and to meet State mandates associated with Applicable Law and all amendments and related
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2462 subsequent legislation. The Sustainability/Compliance Representatives shall be available as needed to meet
2463 with the City and conduct site visits to implement Recycling and Organics programs in the Service Area at
2464 least four days a week throughout the year. City may request monthly meetings with Contractor to discuss
2465 problems or issues such as Collection or Recycling programs, Billing or Service Recipient service issues, and
2466 day to day operations. City and Contractor agree to meet and confer to reevaluate the ongoing need for two
2467 dedicated full-time Sustainability/Compliance Representatives on or around August 1, 2025.
2468 20.02 Sustainability and Compliance Plan. Contractor, at its own expense, must prepare, submit
2469 and implement an annual (Calendar Year) Sustainability and Compliance Plan ("Plan"), which will guide
2470 Contractor's staffs' work efforts. This Plan will include measures to meet diversion targets, increase diversion,
2471 and increase participation of Service Recipients in recycling and organics diversion programs, and should
2472 target certain Recyclable Materials or "problem" areas, including recycling and organics sorting and
2473 contamination, within Contractor's Service Area where improvements can be maximized. Planned outreach
2474 and education services, and outreach materials should be included as part of the Plan and updated annually.
2475 Targets of outreach should be based on local trends and recycling patterns from data obtained by both the
2476 City and Contractor. Contractor will maintain current and state-of-the-art public outreach and education
2477 services throughout the term of this Agreement by providing outreach materials to Service Recipients
2478 electronically (via email and social media). Contractor must submit first year draft Plan to the City prior to the
2479 Commencement Date and by July 1 st each year thereafter for the term of the Agreement. City shall review
2480 and provide revisions to draft Plan within thirty (30) days of receipt. Contractor must revise and submit final
2481 Plan to City by September 1, 2023 for first year and then each year thereafter for the term of the Agreement.
2482 Contractor's Plan is provided in Exhibit 10. The Sustainability and Compliance Plan must include the
2483 following:
2484 20.02.1 City -Specific Website. Contractor shall maintain a City -specific website that fully
2485 explains the Contractor's current services and rates, the diversion options available, and allows Service
2486 Recipients to submit service changes, inquiries, complaints or queries. The website must describe and
2487 promote the use of the available Recyclable Materials and Organics services. Contractor's local website
2488 must provide information specific to the City's programs. Contractor will ensure that information provided on
2489 the website is maintained and up-to-date. Content will include proper container set out, educational
2490 materials, newsletters and program descriptions. Website shall be in English, Spanish, Mandarin, and
2491 Vietnamese.
2492 20.02.2 Recycling Resources. Contractor shall maintain accurate list of recyclable materials
2493 on its website, and promote proper recycling to all Service Recipients. Contractor shall consult, collaborate,
2494 and coordinate its recycling outreach and educational materials and activities with the City and incorporate
2495 the City's input on the Contractor's recycling resources and programs.
2496 20.02.3 School Education and Outreach. Contractor shall develop and utilize a program to
2497 educate on proper recycling that offers tools to assist with proper recycling for all ages. Educational
2498 information should include brochures, school resources such as recycling curriculums, kid's activity flyers,
2499 posters, myth busters, and recycling art activities. Contractor shall develop and distribute educational
2500 material, and conduct onsite outreach annually to all school campuses in the franchise area. Materials must
2501 be approved by City before distribution. Examples include: Recyclable Materials list, Recycling tips, battery
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2502 and bulb education, Food Waste collection and donation, and HHW education. Educational material shall
2503 be distributed to campuses by mail and/or in person on or before September 30th annually, and site visits
2504 must be completed by November 30tH
2505 20.02.4 MORe Compliance Notices. Contractor shall send Mandatory Organics Recycling
2506 (MORe) compliance notices quarterly to all eligible Commercial entities and MFDs/MXDs that do not
2507 subscribe to Organic Waste Collection Service with the Contractor, and/or do not provide an alternate
2508 method for Diverting Organic Waste, in conformance with Applicable Law, including SB 1383 and AB 1826.
2509 These notices shall also notify businesses of requirements under AB 827. Contractor shall mail notifications
2510 quarterly on or before the last day of the month following the end of the quarter.
2511 20.02.5 MCR Compliance Notices. Contractor shall send Mandatory Commercial Recycling
2512 (MCR) compliance notices quarterly to all eligible Commercial entities and MFD's that do not subscribe to
2513 recycling collection service with the Contractor, and/or do not provide an alternate method for diverting
2514 recyclable materials, in conformance with AB 341. These notices shall also notify businesses of
2515 requirements under AB 827. Contractor shall mail notifications quarterly on or before the last day of the
2516 month following the end of the quarter.
2517 20.02.6 MORe Site Visits. Contractor shall conduct site visits to all eligible Commercial
2518 entities and MFDs/MXDs once per year for the first three years and thereafter every other year for
2519 businesses that subscribe to Organics Collection Service and every year for businesses that do not
2520 subscribe to organics collection service in conformance with SB 1383 and AB 1826. Contractor shall conduct
2521 visits on or before June 301h.
2522 20.02.7 MCR Site Visits. Contractor shall conduct site visits to all eligible Commercial
2523 entities and MFDs/MXDs once per year for the first three years and thereafter every other year for
2524 businesses that subscribe to Recycling Collection Service and every year for businesses do not subscribe
2525 to Recycling Collection Service with the Contractor. Contractor shall conduct visits on or before June 30".
2526 20.02.8 Waste Audits. Contractor shall complete Recycling and Solid Waste audits for
2527 twenty (20) Commercial or MXD Service Recipients per month and provide recommendations to customers
2528 on how to improve overall resource efficiency.
2529 20.02.9 Compliance Reporting. Contractor shall report contaminations and overage issues
2530 via the City's Waste Reporting System.
2531 20.02.10Right-sizing Containers. Contractor must right -size Collection Containers to
2532 maximize diversion from SFD, MFD, MXD and Commercial Service Recipients.
2533 20.02.11 Education and Outreach Materials. Contractor must implement public education
2534 and outreach in conformance with Applicable Law and in coordination with the City. Contractor shall attend
2535 public events and host booths to promote recycling education and awareness. Contractor will work with City
2536 to identify which special events will be attended. Contractor, together with City, shall work with local media
2537 to ensure information on new programs, events, recycling, organics etc. is communicated to the community.
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2538 Contractor shall use a variety of options such as local paper, news, websites, social media, Homeowners
2539 Associations, schools and civic groups to distribute information and education about City solid waste and
2540 recycling programs, and events. Contractor shall distribute educational material to Service Recipients a
2541 minimum of once a quarter by mail or electronically. All educational and outreach materials shall be provided
2542 in English, Vietnamese, Chinese, and Spanish Languages. These materials should include tips on recycling
2543 properly, use of organics containers, composting, battery and electronics education, prevention of
2544 contamination issues, proper Collection Container placement, resource information, and HHW education.
2545 20.02.12Service Recipient Personnel Training Contractor shall advise and educate
2546 appropriate personnel (management, employees, janitors, etc.) at MFD/MXD and Commercial Service Units
2547 on methods and recommendations to increase recycling and decrease landfilling including best practices for
2548 recycling, waste reduction and availability and use of in-house recycling containers.
2549 20.02.13 Available Services Notice and Information. At least annually Contractor must
2550 publish and distribute (by mail or electronically) a notice to all Service Units regarding the full range of
2551 services offered. The notice must contain at a minimum (i) definitions of the materials to be Collected, (ii)
2552 procedures for setting out materials, (iii) the days when Garbage Integrated Solid Waste Handling Services,
2553 Recycling Services, and Organic Waste Integrated Solid Waste Handling Services will be provided, (iv)
2554 Contractor's local customer service phone number, (v) instructions on the proper filling of Containers, (vi)
2555 instructions as to what materials may or may not be placed in Recyclable Materials or Organic Waste
2556 Containers, (vii) how to select Container sizes to maximize diversion, (viii) participation in Recycling and
2557 Organic Waste programs, (ix) the fees for overage and Contamination in the event of non-compliance, (x)
2558 the availability of on -premises Integrated Solid Waste Handling Services, including the availability of no -
2559 charge on -premises Integrated Solid Waste Handling Services for qualified persons, (xi) Bulky Waste
2560 Integrated Solid Waste Handling Services, (xii) the dates and locations of Neighborhood Cleanup days, and
2561 (xiii) the dates and locations of Free Bulky Item Drop-off days. The notice must be provided in English, and
2562 other languages as directed by the City, and must be distributed by Contractor no later than February 1st of
2563 each year.
2564 20.02.14 Approach to Meeting City's Diversion Requirements Contractor must document
2565 approach to meeting City's diversion requirements by specific diversion program type (SFD, MFD,
2566 Commercial, Recyclable Material, Organic Waste, Bulky Waste, etc.) and must be tied to both specific and
2567 public education programs. This must include an implementation schedule showing the specific programs
2568 and tasks, milestones, and time frames for meeting the diversion requirements.
2569 20.02.15Tonnage Table. Contractor must provide as part of the Plan, a tonnage table
2570 segregated by SFD, MFD, MXD, Commercial, and Additional Services that estimates tonnages for
2571 Recyclable Material and Organic Waste delivered and processed, and the estimated residual tonnages for
2572 each calendar year of the Franchise Agreement.
2573 20.02.16 Environmental Stewardship. Contractor must describe all environmental
2574 management policies and activities related to the solid waste collection service, including the use of
2575 alternative fuel vehicles, reduction of air emissions and wear and tear on the City's streets, use of recycled
2576 products throughout operations, internal waste reduction and reuse protocol, water and resource
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2577 conservation activities within facilities (design, construction and operation), compliance with laws governing
2578 e -waste, HHW, and u -waste, and use of non-toxic products when possible.
2579 20.03 News Media Relations. Contractor will work with local media to ensure information is
2580 communicated to community (new programs, events, recycling information, etc.). Contractor to use options,
2581 such as; local Newspaper, Radio/TV News outlets, Websites and Social Media. Contractor will notify the
2582 Agreement Administrator by e-mail or phone of all requests for news media interviews related to the services
2583 covered under this Franchise Agreement within one (1) Work Day of Contractor's receipt of the request. When
2584 practicable, before responding to any inquiries involving controversial issues or any issues likely to affect
2585 participation or customer's perception of services, Contractor will discuss Contractor's proposed response
2586 with the City Agreement Administrator.
2587 20.04 Annual Recycling Awards. Contractor will recognize outstanding participation in Recycling
2588 and/or Organic Waste programs by identifying "recycling all-stars" for recognition at a City Council meeting
2589 during each November, beginning November 2024.
2590 20.05 News Media Requests. Contractor will notify the Agreement Administrator by e-mail or
2591 phone of all requests for news media interviews related to the services covered under this Agreement within
2592 one (1) Work Day of Contractor's receipt of the request. When practicable, before responding to any inquiries
2593 involving controversial issues or any issues likely to affect participation or Service Recipient's perception of
2594 services, Contractor will discuss Contractor's proposed response with the Agreement Administrator.
2595 20.05.1 Copies of draft news releases or proposed trade journal articles that use the name
2596 of City or relate to the services provided hereunder must be submitted to the Agreement Administrator for
2597 prior review and approval at least five (5) working days in advance of release, except where Contractor is
2598 required by any Applicable Law to submit materials to any regulatory agency in a shorter period of time, in
2599 which case Contractor must submit such materials to City simultaneously with Contractor's submittal to such
2600 regulatory agency.
2601 20.05.2 Copies of articles resulting from media interviews or news releases that use the
2602 name of City or relate to the services provided hereunder must be provided to the City within five (5) days
2603 after publication.
2604 20.06 Acceptable Materials Labeling. Contractor must affix to each Recycling and Organics
2605 Collection Container a sticker that clearly lists Acceptable materials to be placed in these containers. Stickers
2606 must be replaced annually and include any updates in the list of Acceptable materials (Exhibit 12).
2607 20.07 Edible Food Recovery Support. At no cost to the City, Contractor must provide support to
2608 the City's Edible Food Recovery program as required under SB 1383. Contractor support may include
2609 educating commercial edible food generators, providing records of site visits, conducting education efforts,
2610 and providing lists of food recovery organizations. Contractor will assist the City in conducting Food Waste
2611 and Green Waste surveys and diversion programs by providing accurate and timely service data, conducting
2612 site visits, and distributing materials.
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2613 20.08 Programs and Services. Contractor must provide additional educational and outreach
2614 services and programs as requested by City at a price to be mutually agreed upon between the Contractor
2615 and the Agreement Administrator. In the event Contractor and the Agreement Administrator cannot reach a
2616 mutually agreed upon price for the requested service or program, City has the right to procure the service of
2617 other vendors or contractors to provide the requested service.
2618 20.09 Operations Plans. Contractor must adhere to the Transition Plan included as Exhibit 5,
2619 Customer Service Plan included as Exhibit 7, and Collection Service Operations Plan included as Exhibit 8
2620 that present the specific collection and processing programs that will be implemented in the City.
2621 Article 21. Emergency Service
2622 21.01 Revised Services During an Emergency. In the event of a major storm, earthquake, fire,
2623 flood, tornado, other natural or man-made disaster, or other such emergency event (collectively "Emergency
2624 Event), the Agreement Administrator may grant the Contractor a variance from regular routes and schedules,
2625 which will not be withheld unreasonably. As soon as practicable after such Emergency Event, Contractor
2626 must advise the Agreement Administrator when it is anticipated that normal routes and schedules can be
2627 resumed. The Agreement Administrator will try through the local news media to inform the public when regular
2628 services may be resumed. The clean-up from some Emergency Events may require that Contractor hire
2629 additional equipment, employ additional personnel, or work existing personnel on overtime hours to clean
2630 debris resulting from the event. Contractor will receive additional compensation, above the normal
2631 compensation contained in this Agreement, to cover the costs of rental equipment, additional personnel,
2632 overtime hours and other documented expenses based on the rates set forth in Exhibit 1 provided Contractor
2633 has first secured written authorization and approval from City through the Agreement Administrator. City will
2634 be given equal priority and access to resources as with other franchise jurisdictions held by Contractor or its
2635 affiliates.
2636 21.02 Emergency Event Planning . Within sixty (60) days from a request by City, Contractor shall
2637 prepare a draft Emergency Event plan that sets forth procedures for maintaining regular Collection service
2638 and Collection of debris following an Emergency Event. The Emergency Event plan shall address
2639 arrangements to provide needed vehicles and personnel, priorities for cleanup at critical facilities, and
2640 procedures for reimbursement for costs, describe communication plans, list key contact persons, and provide
2641 maps showing proposed sites for stockpiling of disaster debris that cannot be transported to the landfill.
2642 Contractor shall coordinate the plan with City's emergency service teams. The draft plan shall be presented
2643 to the City Manager for consideration and approval. The final plan shall be distributed to those employees of
2644 Contractor and City who would have a role in implementing upon the occurrence of an Emergency Event.
2645 21.03 Emergencv Event Recovery Support. In the event of an Emergency Event, Contractor
2646 agrees to provide recovery support upon request by Agreement Administrator. This may include additional
2647 hauling of debris, special handling such as wrapping waste in plastic (i.e., "burrito wrapping"), temporary
2648 storage of debris where feasible, additional disposal, use of different transfer and disposal facilities, and
2649 documentation of debris type, weight, and diversion. Contractor should follow protocol laid out in the County's
2650 Operational Area Mass Debris Management Plan (Annex to the Operational Area Emergency Response Plan)
2651 and any subsequent County or City Disaster Debris Plans, as applied to solid waste hauling and handling.
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2652 Article 22. Record Keeping and Reporting Requirements
2653 22.01 Record Keeping. Notwithstanding Article 47 herein,
2654 22.01.1 Accounting Records. Contractor must maintain full, complete and separate
2655 financial, statistical and accounting records, pertaining to cash, billing, and provisions of all Integrated Solid
2656 Waste Handling Services, prepared on an accrual basis in accordance with generally accepted accounting
2657 principles. Such records will be subject to audit, copy, and inspection for the purposes set forth in Section
2658 17.01.3. Gross Revenues derived from provision of the Integrated Solid Waste Handling Services, whether
2659 such services are performed by Contractor or by a subcontractor or subcontractors, will be recorded as
2660 revenues in the accounts of Contractor. The Contractor shall keep and preserve, during the Term of this
2661 Agreement, and for a period of not less than four (4) years following expiration or other termination hereof,
2662 full, complete and accurate records, including all cash, billing and disposal records, as indicated in the
2663 Agreement.
2664 22.01.1.1 City reserves the right to request audited, reviewed, or compiled
2665 financial statements prepared by an independent Certified Public Accountant, or as may be provided by
2666 Contractor or its parent company. In the event that Contractor does not maintain separate financial or
2667 accounting records prepared specifically for services provided under this Agreement, Contractor may use
2668 industry standard allocation methods to provide financial information as applicable to the service provided
2669 under this Agreement.
2670 22.01.2 Agreement Materials Records. Contractor must maintain records of the quantities
2671 of (i) Residential, MFD, MXD and Commercial Solid Waste Collected and disposed under the terms of this
2672 Agreement, (ii) Recyclable Materials, by type, Collected, purchased, processed, sold, donated or given for
2673 no compensation, and residue disposed under the terms of this Agreement, and (iii) Organic Waste by type,
2674 Collected, purchased, processed, sold, donated or given for no compensation, and residue disposed under
2675 the terms of this Agreement
2676 22.01.3 Other Records. Contractor must maintain all other records reasonably related to
2677 provision of Integrated Solid Waste Handling Services, whether or not specified in this Agreement.
2678 22.01.4 Failure to Report. The refusal of Contractor to file any of the reports required, or
2679 the inclusion of any materially false or misleading statement or representation made knowingly by Contractor
2680 in such report, shall be deemed a material breach of this Agreement and shall subject Contractor to all
2681 remedies, legal or equitable, which are available to City under this Agreement or otherwise.
2682 22.01.5 Report Format. All reports to be submitted in a format approved by the City,
2683 including electronic data submission in the City's Waste Reporting System and in a format specified by the
2684 City.
2685 22.02 Quarterly Reporting.
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2686 22.02.1 General. Quarterly reports must be submitted no later than 5 p.m. PT on the last
2687 day of the month following the end of Quarter in which the receipts are collected and must be provided
2688 electronically using software acceptable to the City. If the last day of the month falls on a day that City is
2689 closed ora holiday, then the reportwill be due on the next business day. Failure to submit complete quarterly
2690 reporting by the due date will result in penalties as specified in Exhibit 6.
2691 22.02.2 City Reports. Quarterly reports to City must include:
2692 22.02.2.1 Quarterly Payment Reporting. The payment report must include
2693 an accounting of Contractor's Gross Revenues received during the preceding Quarter, and the calculated
2694 Franchise Fee and Marketing and Sales of Recyclable Materials Payment.
2695 22.02.2.2 Franchised Tonnage and Service Data. Contractor must report the
2696 number of unique SFD and MFD accounts serviced, the number of unique Commercial, MXD, and City
2697 accounts serviced, tonnage of Garbage, Recyclable Materials and Organic Waste collected and processed
2698 for diversion broken down by Container type, Residual amounts from Recycling and Organic Waste
2699 Diversion operations that are landfilled. Quantities should be broken down by SFD, MFD, MXD,
2700 Commercial, and City Service Integrated Solid Waste Handling Services. MXD properties must have
2701 tonnage assigned appropriately to Residential and Commercial generators.
2702 22.02.2.3 Overweight Vehicle Reporting. The quarterly report must include
2703 a summary total of all instances of overweight Collection Vehicles. This summary must include the number
2704 of overweight vehicle instances expressed as a percentage of the total number of Collection Vehicle loads
2705 transported during the reported quarter.
2706 22.02.2.4 Non -Collection. The quarterly report must include a summary of
2707 each Service Unit receiving a Non -Collection Notice in the previous quarter along with a description for the
2708 Non -Collection Notice.
2709 22.02.2.5 On -hold. The quarterly report must include each Service Unit that
2710 was not billed in the previous quarter.
2711 22.02.2.6 Collection Overage Charges. The quarterly report must include
2712 each Service Unit incurring a charge for a Solid Waste Overage in the previous quarter.
2713 22.02.2.7 Contamination Reporting. To the extent required by Applicable
2714 Law, the quarterly report must include a summary of all instances of qualifying contamination under the
2715 procedures in Section 5.08. This summary must include the total number of accounts where contamination
2716 occurred, the total number of Contamination Violation Notices issued by Contractor to Service Recipients,
2717 a list of accounts where such notices occurred, and the total number of instances where Collection
2718 Container size or Collection frequency was increased specifically due to contamination. Within twenty (20)
2719 Work Days of request by City, Contractor will provide copies of the Contamination Violation Notices and
2720 the digital documentation of contamination.
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2721 22.02.2.8 Service Recipient Complaint Log. The quarterly report must
2722 include the Service Recipient call log collected from the previous quarter.
2723 22.03 Annual Reporting.
2724 22.03.1 General. An annual report must be submitted no later than 5 p.m. PT on January
2725 31, 2024 and each January 31s' thereafter for the previous Calendar Year. If January 31st falls on a day that
2726 City is closed, then the report will be due on the next business day. Annual reports must be submitted
2727 electronically in software acceptable to the City. Failure to submit complete annual reporting by the due date
2728 will result in penalties as specified in Exhibit 6. Annual reports to City must include:
2729 22.03.1.1 Financial Statements. Contractor must submit annual financial
2730 statements for the local operation. Statements need not be reviewed or audited statements.
2731 22.03.1.2 Annual Sustainability and Compliance Report. Contractor must
2732 complete and submit data sections within their Sustainability and Compliance Plan to document education
2733 and outreach conducted, public event participation, school visits, compliance notices mailed, site visits,
2734 waste audits completed, information distributed, and media used, and community events hosted. This must
2735 include public education activities undertaken during the year, including distribution of bill inserts, collection
2736 notification tags, community information and events, tours and other activities related to the provision of
2737 Integrated Solid Waste Handling Services, and must discuss the impact of these activities on recycling
2738 program participation and include amounts collected from SFD, MFD, MXD, Commercial, and City Service
2739 Units. The report should include a complete list of all non-exempt commercial accounts, which includes
2740 each non-exempt account's status as a "covered generator" under AB 341, AB 1826 and SB 1383, the date
2741 and status of Contractor's outreach efforts at each non-exempt account, and the current level of Recycling
2742 and Organics program participation at each non-exempt account.
2743 22.03.1.3 Summary of Programs. An analysis of any Recycling and Organic
2744 Waste Collection, processing and marketing issues or conditions (such as participation, setouts,
2745 contamination, etc.) and possible solutions, discussed separately for Residential and Commercial
2746 programs.
2747 22.03.1.4 Solid Waste Data. The number of SFD, MFD, MXD, Commercial,
2748 and City Service Units and the number of Collection Containers distributed by size and Service Unit type
2749 22.03.1.5 Waste Characterization Data. A breakdown of Solid Waste
2750 (Garbage, Recycling, and Organics) by material type as per CalRecycle material classifications.
2751 22.03.1.6 Recycling Data. Gross tons Collected daily on average by material
2752 type by route for SFD, MFD, MXD, Commercial, and City Recycling service, with map of routes. The
2753 average participation rates by quarter relative to the total number of Service Units by Service Unit type.
2754 Indicate, by material type (and grade where appropriate), annual totals of Recyclable Materials processed
2755 including facility name and location, average cost or price received per ton and total recycling cost or
2756 revenue received for the year. Indicate any quantities, by material type, donated or otherwise disbursed
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2757 without compensation. Indicate number of Recycling Collection Containers distributed by size and Service
2758 Unit type. Also provide annual totals and location for residue disposed.
2759 22.03.1.7 Organic Waste Data. Include average daily gross tons Collected
2760 by route, separated by Green Waste and Food Waste, with map of routes. Include the total number of
2761 generators that receive each type of Organic Waste Collection Service provided by the Contractor. Indicate
2762 average daily number of set -outs by route. Indicate average participation rates relative to the total number
2763 of Service Units in terms of weekly set -out counts. Indicate number of Organic Waste Collection Containers
2764 distributed by size and Service Unit type. Indicate, by material type, annual totals of Organic Materials
2765 processed including facility name and location, average cost or price received per ton and total organics
2766 cost or revenue received for the year. Provide totals and location for Residue Disposed. Include the number
2767 of route reviews conducted for prohibited contaminants and the number of Non -Collection Notices issued
2768 to Service Recipients.
2769 22.03.1.8 Customer Service Log.A copy of the customer service log,
2770 including a summary of the type and number of complaints and their resolution. Copies of a written record
2771 of all calls related to missed pickups and responses to such calls.
2772 22.03.1.9 Customer Service Information Sheet. A copy of Contractor's most
2773 recent Customer Service Information Sheet (i.e., customer call center "cheat sheet") for the City or the
2774 equivalent information used by customer service representatives.
2775 22.03.1.10 Overweight Vehicle Data. A summary of all instances of
2776 overweight Collection Vehicles. This summary must also include the number of overweight vehicle
2777 instances as a percentage of the total number of Collection Vehicle loads transported during the Calendar
2778 Year.
2779 22.03.1.11 Summary Narrative A summary narrative of problems
2780 encountered with Collection and processing activities and actions taken. Indicate type and number of Non -
2781 Collection Notices left at Service Recipient locations. Indicate instances of property damage or injury,
2782 significant changes in operation, marketfactors, publicity conducted, needs for publicity. Include description
2783 of processed material loads rejected for sale, reason for rejection and disposition of load after rejection.
2784 22.03.1.12 Collection Container and Vehicle Inventory. An updated complete
2785 inventory of Collection Containers by type and size, and an updated complete inventory of Collection
2786 Vehicles including for each vehicle: truck number, route number, date purchased, vehicle type, tare weight,
2787 license plate number, fuel type and vehicle make and model.
2788 22.03.1.13 Diversion Rate. Contractor must provide documentation
2789 acceptable to City in its reasonable judgment stating and supporting the Calendar Year's Franchise
2790 Diversion Rate, as calculated in accordance with the provisions of Article 8. Any tonnages diverted and
2791 disposed from large venues and events during the reporting period will be counted towards the calculated
2792 diversion rate.
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2793 22.03.1.14 AB 341, AB 1826. and SB 1383 Compliance Data, Contractor
2794 must report the total number of Commercial and MFD/MXD Service Units serviced and the number of
2795 containers, container sizes and frequency of collection for Garbage, Recyclable Materials and Organic
2796 Waste for each non-exempt Commercial and MFD/MXD Service Unit. Contractor must also provide the
2797 following information separately for both AB 341 and AB 1826:
2798 22.03.1.15 The total number of non-exempt Commercial, MFD, and MXD
2799 Service Units that fall under the AB 341 or AB 1826 thresholds, and the total number of those non-exempt
2800 Commercial, MFD, and MXD Service Units that are not subscribed to Commercial, MFD, or MXD Recycling
2801 Collection Service or Commercial, MFD, or MXD Organics Collection Service.
2802 22.03.1.16 A summary of the type of follow-up outreach that was provided to
2803 those non-exempt Commercial, MFD, and MXD Service Units that are not subscribed to Commercial, MFD,
2804 or MXD Recycling Collection Service or Commercial, MFD, or MXD Organics Collection Service.
2805 22.03.1.17 Contractor shall provide proof of training records for Service
2806 Recipient personnel, emergency procedures, Customer Service Courtesy, and how to recognize Illicit
2807 Discharges and stormwater pollution sources.
2808 22.04 Diversion Calculation and Data. By 5 p.m. PT on February 14 and annually thereafter
2809 during the term of this Agreement, Contractor must deliverto City, in the format specified by City, the Calendar
2810 Year's Franchised Diversion Rate, as calculated in accordance with the provisions of Article 8. Any tonnages
2811 Diverted and disposed from large venues and events during the reporting period will be counted towards the
2812 calculated Diversion rate.
2813 22.05 CalRecycle Reports. Contractor will provide reasonable assistance to City in preparing
2814 annual reports to CalRecycle (the "Electronic Annual Report" or EAR), including but not limited to supplying
2815 required data for preparation of the reports, and completing all required data input in the Waste Reporting
2816 System.
2817 22.05.1 In the event that CalRecycle requires City to report an Implementation Schedule to
2818 comply with AB 341, AB 1826, SB 1383, SB 1594 and other Applicable Laws, Contractor will provide
2819 assistance to City in preparing a report, including Contractor's policies and procedures related to compliance
2820 with AB 341, AB 1826, SB 1383, and other Applicable Laws and how Recyclable Materials or Organic Waste
2821 are collected, a description of the geographic area, routes, list of addresses served and a method for tracking
2822 contamination, copies of route audits, copies of notice of contamination, copies of notices, violations,
2823 education and enforcement actions issued, and copies of educational materials, flyers, brochures,
2824 newsletters, website, and social media.
2825 22.06 Waste Characterization Audit. Contractor must conduct statistically -valid waste audits of
2826 Residential and Commercial Service Recipients' waste once annually, including Recycling, Garbage, and
2827 Organic Waste, and provide characterization data to the City as part of its Annual Report (Section 22.03).
2828 Material types and guidance should follow CalRecycle requirements and/or recommendations.
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2829 22.07 Additional Reporting. Contractor must furnish City with any additional reports as may
2830 reasonably be required, such reports to be prepared within a reasonable time following the reporting period.
2831
Article 23. Nondiscrimination
2832 23.01 Nondiscrimination. In the performance of all work and services under this Agreement,
2833 Contractor may not discriminate against any person based on such person's race, sex, gender, gender
2834 identity, color, national origin, religion, marital status or sexual orientation. Contractor must comply with all
2835 applicable local, State and Federal laws and regulations regarding nondiscrimination, including those
2836 prohibiting discrimination in employment.
2837 Article 24. Service Inquiries and Complaints
2838 24.01 Contractor's Customer Service. All service inquiries and complaints will be directed to
2839 Contractor. A representative of Contractor must be available to receive the complaints during normal business
2840 hours. Contractor is required to use the City's Resident Service Center (RSC) or any customer Relationship
2841 Management System put in place by the City in the future for handling of customer complaints received by
2842 the City for hauling, illegal dumping, and any other services under this Agreement. Contractor must participate
2843 in mandatory RSC training before using system and at least annually thereafter. Customer Service training
2844 shall include Service Recipient courtesy, shall prohibit the use of loud or profane language, and shall instruct
2845 Collection crews to perform the work quietly. Contractor shall use its best efforts to assure that all employees
2846 present a neat appearance and conduct themselves in a courteous manner. All service complaints will be
2847 handled by Contractor in a prompt and efficient manner. RSC cases must be addressed and resolved within
2848 three (3) Work Days. In the case of a dispute between Contractor and a Service Recipient, the matter will be
2849 reviewed, and a decision made by the Agreement Administrator.
2850 24.01.1 Contractor will utilize the Customer Service Log to maintain a record of all inquiries
2851 and complaints in a manner prescribed by City.
2852 24.01.2 For those complaints related to missed Collections, where Containers are properly
2853 and timely set out, that are received by 12:00 noon on a Work Day, Contractor will return to the Service Unit
2854 address and Collect the missed materials before leaving the Service Area for the day. For those complaints
2855 related to missed Collections that are received after 12:00 noon on a Work Day, Contractor will have until
2856 the end of the following Work Day to resolve the complaint. For those complaints related to repair or
2857 replacement of Collection Containers, the appropriate Sections of this Agreement will apply.
2858 24.01.3 Contractor agrees that it is in the best interest of City that all Garbage, Recyclable
2859 Materials, and Organic Waste be collected on the scheduled Collection day. Accordingly, missed Collections
2860 will normally be Collected as set forth above regardless of the reason that the Collection was missed.
2861 However, in the event a Service Recipient requests missed Collection service more than two (2) times in
2862 any consecutive two (2) month period the Agreement Administrator will work with Contractor to determine
2863 an appropriate resolution to that situation. In the event Contractor believes any complaint to be without merit,
2864 Contractor will notify the Agreement Administrator, by e-mail. The Agreement Administrator will investigate
2865 all disputed complaints and render a decision.
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2866 24.01.4 Contractor's service and emergency telephone numbers must be accessible by a
2867 local (City) phone number or toll-free number. The service telephone number(s) must be listed in the area's
2868 telephone directories under Contractor's name in the White Pages and available through an online search
2869 and listed on the Contractor's website.
2870 Article 25. Quality of Performance of Contractor
2871 25.01 Intent. Contractor acknowledges and agrees that one of City's primary goals in entering
2872 into this Agreement is to ensure that the Integrated Solid Waste Handling Services are of the highest caliber,
2873 that Service Recipient satisfaction remains at the highest level, that maximum diversion levels are achieved,
2874 and that materials Collected are put to the highest and best use to the extent possible.
2875 25.02 Administrative Charges and Penalties. Quality performance by the Contractor is of primary
2876 importance. In respect of this, Contractor agrees to pay City administrative charges and penalties as detailed
2877 in Exhibit 6 should Contractor fail to meet its responsibilities under this Agreement. Should Contractor be in
2878 breach of the requirements set forth in this Agreement, it is mutually understood and agreed that the public
2879 will necessarily suffer damages and that such damages, from the nature of the default in performance will be
2880 extremely difficult and impractical to fix. City finds, and the Contractor agrees, that as of the time of the
2881 execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages
2882 which will be incurred by City as a result of a breach by Contractor of its obligations under this Agreement.
2883 The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that:
2884 (i) substantial damage results to members of the public who are denied services or denied quality or reliable
2885 service, (ii) such breaches cause inconvenience, anxiety, frustration and deprivation of the benefits of this
2886 Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective
2887 ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii)
2888 services might be available at substantially lower costs than alternative services, and the monetary loss
2889 resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise
2890 monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies are, at
2891 best, a means of future correction and not remedies which make the public whole for past breaches.
2892 25.03 Procedure for Review of Administrative Charges. The Agreement Administrator may
2893 assess administrative charges and penalties as specified in Exhibit 6 pursuant to this Agreement quarterly.
2894 At the end of each quarter during the term of this Agreement, the Agreement Administrator will issue a written
2895 notice to Contractor ("Notice of Assessment") of the administrative charges assessed and the basis for each
2896 assessment.
2897 25.03.1 The assessment will become final unless, within ten (10) calendar days of the date
2898 of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to
2899 present evidence that the assessment should not be made.
2900 25.03.2 The Agreement Administrator will schedule a meeting between Contractor and the
2901 City Manager as soon as reasonably possible after timely receipt of Contractor's request.
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2902 25.03.3 The City Manager will review Contractor's evidence and render a decision
2903 sustaining or reversing the administrative charges as soon as reasonably possible after the meeting. Written
2904 notice of the decision will be provided to Contractor.
2905 25.03.4 In the event Contractor does not submit a written request for a meeting within ten
2906 (10) calendar days of the date of the Notice of Assessment, the Agreement Administrator's determination
2907 will be final.
2908 25.03.5 City's assessment or collection of administrative charges will not prevent City from
2909 exercising any other right or remedy, including the right to terminate this Agreement, for Contractor's failure
2910 to perform the work and services in the manner set forth in this Agreement.
2911 25.04 Uncontrollable Circumstances.
2912 25.04.1 If either party is prevented from or delayed in performing its duties under this
2913 Agreement by circumstances beyond its control, whether or not foreseeable, including, without limitation,
2914 acts of terrorism, landslides, lightning, forest fres, storms, floods, severe weather, freezing, earthquakes,
2915 other natural or man-made disasters, the threat of such natural or man-made disasters, pandemics (or threat
2916 of same), quarantines, civil disturbances, acts of the public enemy, wars, blockades, public riots, strikes,
2917 lockouts, or other labor disturbances, acts of government or governmental restraint or other causes, whether
2918 of the kind enumerated or otherwise, that are not reasonably within the control of the affected party, then the
2919 affected party will be excused from performance hereunder during the period of such disability.
2920 25.04.2 The party claiming excuse from performance must promptly notify the other party
2921 when it learns of the existence of such cause, including the facts constituting such cause, and when such
2922 cause has terminated.
2923 25.04.3 The interruption or discontinuance of services by a party caused by circumstances
2924 outside of its control will not constitute a default under this Agreement.
2925
Article 26. Performance Bond
2926 26.01 Performance Bond. Within ten (10) Business Days from the date the City Council approves
2927 this Agreement, Contractor must furnish to City, and keep current, a performance bond, or irrevocable letter
2928 of credit (hereinafter collectively "Performance Bond"), issued or drawn upon a surety, bank or financial
2929 institution reasonably acceptable to City and in a form acceptable to the City Attorney, for the faithful
2930 performance of this Agreement and all obligations arising hereunder in an amount as follows:
2931 26.01.1 From August 1, 2023, and so long as this Agreement or any extension thereof
2932 remains in force, Contractor must maintain a performance bond in the amount of one million dollars
2933 ($1,000,000).
2934 26.01.1.1 The performance bond must be executed by a surety company
2935 licensed to do business in the State of California, having an "A-" or better rating by A. M. Best or Standard
2936 and Poor's; and included on the list of surety companies approved by the Treasurer of the United States.
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2937 26.01.1.2 In the event City draws on the bond, all of City's costs of collection
2938 and enforcement of the Bond, including reasonable attorney's fees and costs, must be paid by Contractor.
2939 26.01.1.3 The Performance Bond must be renewed annually for the entire
2940 term of the Agreement and evidence must be provided to City annually.
2941 26.01.1.4 In the event Contractor shall for any reason (except as otherwise
2942 provided in this Agreement) become unable to, or fail in any way, to perform as required by this Agreement,
2943 City may declare a portion or all of the Performance Bond, as may be necessary to recompense and make
2944 whole the City, forfeited to the City. Upon partial or full forfeiture of the Performance Bond, Contractor shall
2945 restore the Performance Bond to its original amount within thirty (30) days of the City's notice to do so.
2946 Failure to restore the Performance to its full amount within thirty (30) days shall be a material breach of this
2947 Agreement.
2948 Article 27. Insurance
2949 27.01 Insurance Policies. Contractor must secure and maintain throughout the term of this
2950 Agreement insurance against claims for injuries to persons or damages to property which may arise from or
2951 in connection with Contractor's performance of work or services under this Contract. Contractor's
2952 performance of work or services includes performance by Contractor's employees, agents, representatives
2953 and subcontractors.
2954 27.02 Minimum Insurance Requirements.
2955 27.02.1 General Liability Insurance. Contractor shall maintain commercial general liability
2956 insurance with coverage at least as broad as Insurance Services Office Form CG 00 01, in an amount not
2957 less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and
2958 property damage. The policy must include contractual liability that has not been amended. Any endorsement
2959 restricting standard ISO "insured contract" language will not be accepted.
2960 27.02.2 Automobile Liability Insurance. Contractor shall maintain automobile insurance at
2961 least as board as Insurance Services Office Form CA 00 01 covering bodily injury and property damages for
2962 all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement
2963 including any owned, hired, non -owned, or rented vehicles, in an amount not less than $10,000,000
2964 combined single limit for each accident.
2965 27.02.3 Umbrella or Excess Liability Insurance. Contractor shall obtain and maintain an
2966 umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property
2967 damage liability coverage, including commercial general liability, automobile liability, and employer's liability.
2968 Such policy or policies shall include the following terms and conditions:
2969 A drop-down feature requiring the policy to respond if any primary insurance that
2970 would otherwise have applied proves to be uncollectible in whole or in part for any
2971 reason, other than bankruptcy or insolvency of said primary insurer,
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2972 . "Pay on behalf of working as opposed to "reimbursement";
2973 . Concurrency of effective dates with primary policies.
2974 Should Contractor obtain and maintain an excess liability policy, such policy shall be excess over
2975 commercial general liability, automobile liability, and employer's liability policies. Such policy or policies
2976 shall include working that the excess liability policy follows the terms and conditions of the underlying
2977 policies.
2978 27.02.4 Workers' Compensation and Employers Liability: Workers' Compensation limits as
2979 required by the California Labor Code and Employers Liability limits of $3,000,000 per accident. Contractor
2980 shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of
2981 Agency, its officers, agents, employees, and volunteers.
2982 27.02.5 Environmental Pollution Liability: Pollution legal liability insurance coverage shall be
2983 in an amount no less than $10,000,000 per claim and in the aggregate. Coverage shall be extended a
2984 minimum of three (3) years beyond the term of the contract and such insurance shall contain all standard
2985 extensions customary for such policy and shall cover prior acts.
2986 27.02.6 Cyber Liability Insurance. Contractor shall maintain either an endorsement to its
2987 general liability policy, or a separate policy of insurance covering cyber liability. Said coverage shall be in
2988 the amount of not less than Five Million Dollars ($5,000;000) per occurrence, and Five Million Dollars
2989 ($5,000,000) in the aggregate.
2990 27.03 Insurance Provisions/Requirements.
2991 27.03.1 Additional Insured Status. General liability, automobile liability, and umbrella/excess
2992 liability insurance policies shall provide or be endorsed to provide that City and its officers, officials,
2993 employees, agents, and volunteers shall be additional insureds under such policies.
2994 27.03.2 Requirements not limiting. Requirements of specific coverage features or limits
2995 contained in this section are not intended as a limitation on coverage, limits or other requirements, or a
2996 waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature
2997 is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured
2998 to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Contractor maintains
2999 higher limits than the minimum shown above, the City requires and shall be entitled to coverage for the
3000 higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified
3001 minimum limits of insurance and coverage shall be available to the City.
3002 27.03.3 Self -Insured Retentions. Any self-insured retentions must be declared to and
3003 approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or
3004 replaced by a deductible, or require proof of ability to pay losses and related investigations, claim
3005 administration, and defense expenses within the retention through confirmation from the underwriter.
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3006 27.03.4 Primary/Non-Contributing. Coverage provided by Contractor shall be primary and
3007 any insurance or self-insurance procured or maintained by City shall not be required to contribute with it.
3008 The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess
3009 insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such
3010 coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's
3011 own insurance or self- insurance shall be called upon to protect it as a named insured.
3012 27.03.5 Proof of Insurance. Contractor shall provide certificates of insurance and required
3013 endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and
3014 endorsements must be approved by City's Risk Manager prior to commencement of performance. Current
3015 certification of insurance shall be kept on file with City for the contract period and any additional length of
3016 time required thereafter. City reserves the right to require complete, certified copies of all required insurance
3017 policies, at anytime.
3018 27.03.6 Duration of Coverage. Contractor shall procure and maintain for the contract period,
3019 and any additional length of time required thereafter, insurance against claims for injuries to persons or
3020 damages to property, or financial loss which may arise from or in connection with the performance of the
3021 Work hereunder by Contractor, their agents, representatives, employees, or subcontractors.
3022 27.03.7 Citv's Rights of Enforcement. In the event any policy of insurance required under
3023 this Agreement does not comply with these specifications or is canceled and not replaced, City has the right
3024 but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly
3025 reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments.
3026 In the alternative, City may cancel this Agreement.
3027 27.03.8 Acceptable Insurers. All insurance policies shall be issued by an insurance
3028 company currently authorized by the Insurance Commissioner to transact business of insurance or is on the
3029 List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of
3030 A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's
3031 Key Rating Guide, unless otherwise approved by the City's Risk Manager.
3032 27.03.9 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to
3033 this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents,
3034 officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance
3035 evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor
3036 hereby waives its own right of recovery against City and shall require similar written express waivers and
3037 insurance clauses from each of its subcontractors.
3038 27.03.10 Enforcement of Contract Provisions (Non Estoppel). Contractor acknowledges and
3039 agrees that any actual or alleged failure on the part of the City to inform Contractor of non- compliance with
3040 any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
3041 27.03.11 Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker
3042 and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which
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3043 a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the
3044 Contractor's insurers are unwilling to provide such notice, then Contractor shall have the responsibility of
3045 notifying the City immediately in the event of Contractor's failure to renew any of the required insurance
3046 coverages or insurer's cancellation or non -renewal.
3047 27.03.12 Prohibition of Undisclosed Coverage Limitations. None of the coverages required
3048 herein will be in compliance with these requirements if they include any limiting endorsement of any kind
3049 that has not been first submitted to City and approved of in writing.
3050 27.03.13 Separation of Insureds. A severability of interests provision must apply for all
3051 additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom
3052 claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not
3053 contain any cross -liability exclusions.
3054 27.03.14 Pass Through Clause. Contractor agrees to ensure that its subconsultants,
3055 subcontractors, and any other party who is brought onto or involved in the project/service by Contractor
3056 (hereinafter collectively "subcontractor"), provide the same minimum insurance coverage and endorsements
3057 required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all
3058 responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
3059 However, in the event Contractor's subcontractor cannot comply with this requirement, which proof must be
3060 submitted to the City, Contractor shall be required to ensure that its subcontractor provide and maintain
3061 insurance coverage and endorsements sufficient to the specific risk of exposure involved with
3062 subcontractor's scope of work and services, with limits less than required of the Contractor, but in all other
3063 terms consistent with the Contractors requirements under this agreement. This provision does not relieve
3064 the Contractor of its contractual obligations under the agreement and/or limit its liability to the amount of
3065 insurance coverage provided by its subcontractors. This provision is intended solely to provide Contractor
3066 with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but
3067 may not carry the same insurance limits as required of the Contractor under this agreement given the limited
3068 scope of work or services provided by the subcontractor. Contractor agrees that upon request, all
3069 agreements with subcontractors, and others engaged in the project, will be submitted to City for review.
3070 27.03.15Citv's Rights to Revise Specifications. The City reserves the right at any time
3071 during the term of the contract to change the amounts and types of insurance required by giving the
3072 Contractor ninety (90) days advance written notice of such change. If such change results in substantial
3073 additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation.
3074 27.03.16 Timely Notice of Claims. Contractor shall give City prompt and timely notice of
3075 claims made or suits instituted that arise out of or result from Contractor's performance under this
3076 Agreement, and that involve or may involve coverage under any of the required liability policies.
3077 27.03.17 Additional Insurance. Contractor shall also procure and maintain, at its own cost
3078 and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper
3079 protection and prosecution of the Work.
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3080 Proof of insurance must be mailed to the following address, or any subsequent address as may be
3081 directed by the City.
3082 City of Rosemead
3083 8838 E. Valley Blvd.
3084 Rosemead, CA 91770
3085 27.04 Subcontractors. Contractor must include all subcontractors performing services in the City
3086 as insureds under its policies or subcontractors must obtain separate certificates and endorsements.
3087 27.05 Modification of Insurance Requirements. The insurance requirements provided in this
3088 Agreement may be modified or waived by City's risk manager, in writing, upon the request of Contractor if
3089 City's risk manager determines such modification or waiver is in the best interest of City considering all
3090 relevant factors, including exposure to City.
3091 27.06 Rights of Subrogation. All required insurance policies must preclude any underwrite"s
3092 rights of recovery or subrogation against City with respect to matters related to Contractor's performance of
3093 its obligations under this Agreement, with the express intention of the parties being that the required insurance
3094 coverage protects both parties as the primary coverage for any and all losses covered by the above-described
3095 insurance. Contractor must ensure that any companies issuing insurance to cover the requirements contained
3096 in this Agreement agree that they will have no recourse against City for payment or assessments in any form
3097 on any policy of insurance. The clauses 'Other Insurance Provisions' and 'Insured Duties in the Event of an
3098 Occurrence, Claim or Suit' as it appears in any policy of insurance in which City is named as an additional
3099 insured will not apply to City.
3100 27.07 Failure to maintain insurance. Should Contractor fail to obtain or maintain insurance as
3101 required by this Agreement, Contractor shall have seven (7) days to cure the defect, during which time
3102 City shall have the option, but not the obligation to, at Contractor's sole expense: (i) hire replacement waste
3103 hauler services to perform Contractor's tasks until insurance coverage is resumed; or (ii) obtain replacement
3104 insurance coverage during said cure period. Should Contractor fail to correct this defect, City shall have the
3105 option to terminate this Agreement immediately.
3106 Article 28. Hold Harmless and Indemnification
3107 28.01 Hold Harmless for Consultant's Damages. Contractor holds City, its elected and appointed
3108 officials, officers, agents, employees, and volunteers (collectively "City Indemnitees') harmless from all of
3109 Contractor's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Contractor, to
3110 Contractor's employees, to Contractor's contractors or subcontractors, or to the owners of Contractor's firm,
3111 which damages, losses, injuries or liability occur during the work or services required under this Agreement,
3112 or performance of any activity or work required under this Agreement.
3113 28.02 Defense and Indemnity of Third Party Claims/Liability Contractor shall indemnify, defend
3114 with legal counsel approved by City, and hold harmless City Indemnitees from and against all liability
3115 including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel
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3116 fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with
3117 Contractor's negligence, recklessness, or willful misconduct in the performance of work hereunder or its
3118 failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is
3119 caused by the active negligence or willful misconduct of City. Should conflict of interest principles preclude a
3120 single legal counsel from representing both City and Contractor, or should City otherwise find Contractor's
3121 legal counsel unacceptable, then Contractor shall reimburse City its costs of defense, including without
3122 limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor
3123 shall promptly pay City any final judgment rendered against City (and its officers, officials, employees and
3124 volunteers) with respect to claims determined by a trier of fact to have been the result of Contractor's
3125 negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing
3126 provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and
3127 will survive termination of this Agreement.
3128 28.02.1 Contractor's obligations under this Section apply regardless of whether or not such
3129 claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or
3130 penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the
3131 rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold
3132 harmless City for liability attributable to the active negligence of City, provided such active negligence is
3133 determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances
3134 where City is shown to have been actively negligent and where City's active negligence accounts for only a
3135 percentage of the liability involved, the obligation of the Contractor will be forthat entire portion or percentage
3136 of liability not attributable to the active negligence of City.
3137 28.03 Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity,
3138 defense or hold harmless rights under this Section because of the acceptance by City, or the deposit with
3139 City, of any insurance certificates or policies described in Article 27.
3140 28.04 Diversion Indemnification. Subject to the requirements of Public Resources Code section
3141 40059. 1, which will control in the event of any conflict with the provisions of this Section, Contractor agrees
3142 to protect and defend City Indemnitees with counsel selected by Contractor and approved by City, to pay all
3143 attorneys' fees, and to indemnify and hold City Indemnitees harmless from and against all fines or penalties
3144 imposed by the California Integrated Waste Management Board if the diversion goals specified in California
3145 Public Resources Code section 41780, as it may be amended, are not met by City with respect to the
3146 Materials Collected by Contractor and if the lack in meeting such goals are attributable to the failure of
3147 Contractor to implement and operate the recycling or diversion programs or undertake the related activities
3148 required by this Agreement. In the event CalRecycle provides an administrative process to challenge the
3149 imposition of a compliance order or a fine or fines, Contractor will be responsible for engaging any consultants
3150 or attorneys necessary to represent City in any challenge. Contractor will be responsible for the retention of
3151 and payment to any consultants engaged to perform waste generation studies (diversion and disposal). All
3152 consultants and attorneys engaged hereunder are subject to the agreement of City and Contractor.
3153 28.05 Hazardous Substances Indemnification. Contractor agrees to indemnify, defend (with
3154 counsel reasonably approved by City), protect and hold harmless the City Indemnitees from and against any
3155 and all Claims of any kind whatsoever paid, suffered or incurred by or against the City Indemnitees resulting
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3156 from any repair, cleanup, removal action or response action undertaken pursuant to CERCLA, the Health &
3157 Safety Code or other similar Federal, State or local law or regulation, with respect to Solid Waste or Household
3158 Hazardous Waste Collected and Disposed of by Contractor. The foregoing indemnity is intended to operate
3159 as an agreement pursuant to Section 10€) of CERCLA and Section 25364 of the Health & Safety Code to
3160 defend, protect, hold harmless and indemnify the City Indemnitees from all forms of liability under CERCLA,
3161 the Health & Safety Code or other similar Federal, State or local law or regulation.
3162 28.06 Proposition 218 Release. City intends to comply with all applicable laws concerning the
3163 Maximum Service Rates provided under this Agreement. Upon thorough analysis, the parties have made a
3164 good faith determination that the Maximum Service Rates for the Solid Waste Integrated Solid Waste
3165 Handling Services provided under this Agreement are not subject to California Constitution Articles XIIIC and
3166 XIIID because, among other reasons, such services are provided by a private corporation and not by City
3167 pursuant to Article 5, Contractor independently establishes the rates for services within the limits established
3168 in this Agreement, the receipt of services is voluntary and not required of any property within City, and any
3169 owner or Service Recipient of property within City has the opportunity to avoid the services available under
3170 this Agreement either through self -hauling or use of property in such a manner that Solid Waste is not
3171 generated. Accordingly, in the event that a third party challenges the Maximum Service Rates as being in
3172 violation of Article XIIIC or XIIID of the California Constitution, or otherwise asserting that the Maximum
3173 Service Rate are an invalid tax, assessment or fee, Contractor agrees to waive, release and hold harmless
3174 the City Indemnitees from and against any and all claims Contractor may have against the City Indemnitees
3175 resulting therefrom, and to indemnify and defend City indemnitees, with legal counsel reasonably acceptable
3176 to City, from any third party claim, suit, or other action, whether administrative, legal, or equitable challenging
3177 the Maximum Service Rates authorized under this Agreement or as being in violation of Article XIIIC or XIIID
3178 of the California Constitution, or otherwise asserting that the Maximum Service Rate are an invalid tax,
3179 assessment or fee. This Section will survive the expiration or termination of this Agreement for Claims arising
3180 prior to the expiration or termination of this Agreement.
3181 28.07 Employment & Labor Practices. Contractor shall indemnify and hold harmless City
3182 Indemnitees, from any and all liability, damages, claims, costs, and expenses of any nature to the extent
3183 arising from Contractor's personnel and labor practices, including failure to pay and comply with state or
3184 federal prevailing wage laws should such be applicable to Contractor's personnel or labor practices or to one
3185 or more of the services is provides pursuant to the Agreement. All duties of Contractor under this paragraph
3186 shall survive termination of this Agreement.
3187 28.08 Consideration. It is specifically understood and agreed that the consideration inuring to
3188 Contractor for the execution of this Agreement consists of the promises, payments, covenants, rights and
3189 responsibilities contained in this Agreement.
3190 28.09 Obligation. This Agreement obligates Contractor to comply with the foregoing
3191 indemnification and release provisions; however, the collateral obligation of providing insurance must also be
3192 complied with as set forth in this Agreement. The provision of insurance and the coverage limits therein shall
3193 not in anyway be a limitation on Contractor's indemnification and defense obligations.
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3194 28.10 Subcontractors. Contractor must require all subcontractors performing work in the City to
3195 enter into a contract containing the provisions set forth in Section 27.01 in which contract the subcontractor
3196 fully indemnifies City in accordance with this Agreement.
3197 28.11 Exception. Notwithstanding other provisions of this Agreement, Contractor's obligation to
3198 indemnify, hold harmless and defend City, its officers and employees will not extend to any loss, liability,
3199 penalty, damage, action or suit arising or resulting solely from acts or omissions constituting active
3200 negligence, willful misconduct, breach of this Agreement, or violation of law on the part of City, its officers or
3201 employees.
3202 28.12 Damage by Contractor. If Contractor's employees or subcontractors cause any injury,
3203 damage or loss to City property, including but not limited to City streets or curbs, excluding normal wear and
3204 tear, contractor must reimburse City for City's cost of repairing or replacing such injury, damage or loss. Such
3205 reimbursement is not in derogation of any right of City to be indemnified by Contractor for any such injury,
3206 damage or loss. With the prior written approval of City, Contractor may repair the damage at Contractor's
3207 sole cost and expense. Any injury, damage or loss to private property caused by the negligent or willful acts
3208 or omissions of Contractor to private property must be repaired or replaced by Contractor at Contractor's sole
3209 expense. Disputes between Contractor and its Service Recipients or private property owners as to damage
3210 to private property are civil matters and complaints of damage will be referred to Contractor as a matter within
3211 its sole responsibility and as a matter within the scope of Section 27.01 [Indemnification].
3212 Article 29. Default of Agreement
3213 29.01 Termination. City may cancel this Agreement, except as otherwise provided below in this
3214 Section, by giving Contractor thirty (30) calendar days advance written notice, to be served as provided in
3215 this Agreement, upon the happening of any one of the following events:
3216 29.01.1 Contractor takes the benefit of any present or future insolvency statute, or makes a
3217 general assignment for the benefit of creditors, or files a voluntary petition in bankruptcy (court) or a petition
3218 or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness under the
3219 Federal bankruptcy laws or under any other law or statute of the United States or any State thereof, or
3220 consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; or
3221 29.01.2 By order or decree of a court, Contractor is adjudged bankrupt or an order is made
3222 approving a petition filed by any of its creditors or by any of the stockholders of Contractor, seeking its
3223 reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law
3224 or statute of the United States or of any State thereof, provided that if any such judgment or order is stayed
3225 or vacated within sixty (60) calendar days after the entry thereof, any notice of default will be and become
3226 null, void and of no effect; unless such stayed judgment or order is reinstated in which case, such default
3227 will be deemed immediate: or
3228 29.01.3 By, or pursuant to, or under the authority of any legislative act, resolution or rule or
3229 any order or decree of any court or governmental board, agency or officer having jurisdiction, a receiver,
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3230 trustee or liquidator takes possession or control of all or substantially all of the property of Contractor, and
3231 such possession or control continues in effect for a period of sixty (60) calendar days, or
3232 29.01.4 Contractor has defaulted, by failing or refusing to pay in a timely manner the
3233 administrative charges or other monies due City and such default is not cured within thirty (30) calendar days
3234 of receipt of written notice by City to do so; or
3235 29.01.5 Contractor has defaulted by allowing any final judgment for the payment of money
3236 owed to City to stand against it unsatisfied and such default is not cured within thirty (30) calendar days of
3237 receipt of written notice by City to do so; or
3238 29.01.6 In the event that the monies due City under Section 29.01.3 above or an unsatisfied
3239 final judgment under Section 29.01.4 above is the subject of a judicial proceeding, Contractor will not be in
3240 default if the sum of money is bonded. All bonds must be in the form acceptable to the City Attorney; or
3241 29.01.7 Contractor has defaulted, by failing or refusing to perform or observe any of the
3242 terms, conditions or covenants in this Agreement, including, but not limited to, the maintenance of a
3243 performance bond in accordance with Article 26, or any of the rules and regulations promulgated by City
3244 pursuant thereto or has wrongfully failed or refused to comply with the instructions of the Agreement
3245 Administrator relative thereto and such default is not cured within thirty (30) calendar days of receipt of
3246 written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied
3247 within thirty (30) calendar days following receipt by Contractor of written demand from City to do so,
3248 Contractor fails to commence the remedy of such default within such thirty (30) calendar days following such
3249 written notice or having so commenced fails thereafter to continue with diligence the curing thereof (with
3250 Contractor having the burden of proof to demonstrate (a) that the default cannot be cured within thirty (30)
3251 calendar days, and (b) that it is proceeding with diligence to cure such default, and such default will be cured
3252 within a reasonable period of time). However, notwithstanding anything contained herein to the contrary, for
3253 the failure of Contractor to provide Integrated Solid Waste Handling Services for a period of three (3)
3254 consecutive Work Days, City may secure Contractor's records on the fourth (4th) Work Day in order to
3255 provide interim Integrated Solid Waste Handling Services until such time as the matter is resolved and
3256 Contractor is again able to perform pursuant to this Agreement; provided, however, if Contractor is unable
3257 for any reason or cause to resume performance at the end of thirty (30) calendar days all liability of City
3258 under this Agreement to Contractor will cease and this Agreement may be terminated by City.
3259 29.02 Violations. Notwithstanding the foregoing and as supplemental and additional means of
3260 termination of this Agreement under this Article, in the event that Contractor's record of performance shows
3261 that Contractor has defaulted in the performance of any of the covenants and conditions required herein to
3262 be kept and performed by Contractor three (3) or more times in any twenty-four (24) month period, and
3263 regardless of whether the Contractor has corrected each individual condition of default, Contractor will be
3264 deemed a "habitual violator", will be deemed to have waived the right to any further notice or grace period to
3265 correct, and all such defaults will be considered cumulative and collectively will constitute a condition of
3266 irredeemable default. City will thereupon issue Contractor a final warning citing the circumstances therefore,
3267 and any single default by Contractor of whatever nature, subsequent to the occurrence of the last of such
3268 cumulative defaults, will be grounds for immediate termination of the Agreement. In the event of any such
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3269 subsequent default, City may terminate this Agreement upon giving of written final notice to Contractor, such
3270 cancellation to be effective upon the date specified in City's written notice to Contractor, and all contractual
3271 fees due hereunder plus any and all charges and interest will be payable to such date, and Contractor will
3272 have no further rights hereunder. Immediately upon the specified date in such final notice Contractor must
3273 cease any further performance under this Agreement.
3274 29.03 Effective Date. In the event of any the events specified above, and except as otherwise
3275 provided in such subsections, termination will be effective upon the date specified in City's written notice to
3276 Contractor and upon such date this Agreement will be deemed immediately terminated and upon such
3277 termination, except for payment of services rendered up to and including the date of termination, all liability
3278 of City under this Agreement to Contractor will cease, and City will have the right to call the performance bond
3279 and will be free to negotiate with other contractors for the operation of interim and long-term Integrated Solid
3280 Waste Handling Services. Contractor must reimburse City for all direct and indirect costs of providing any
3281 interim Integrated Solid Waste Handling Services as a result of Contractor's default in this Agreement.
3282 29.04 Termination Cumulative. City's right to terminate this Agreement is cumulative to any other
3283 rights and remedies provided by law or by this Agreement.
3284 29.05 Alternative Service. Should Contractor, for any reason, except the occurrence or existence
3285 of any of the events or conditions set forth in Section 25.04 [Uncontrollable Circumstances], refuse or be
3286 unable for a period of more than forty-eight (48) hours, to Collect a material portion or all of the Solid Waste
3287 which it is obligated under this Agreement to Collect, and as a result, Solid Waste should accumulate in City
3288 to such an extent, in such a manner, or for such a time that the City Manager, in the reasonable exercise of
3289 the City Manager's discretion, should find that such accumulation endangers or menaces the public health,
3290 safety or welfare, then City will have the right to Agreement with another Solid Waste enterprise to Collect
3291 any or all Solid Waste which Contractor is obligated to Collect pursuant to this Contract. City must provide
3292 twenty-four (24) hours prior written notice to Contractor during the period of such event, before contracting
3293 with another Solid Waste enterprise to Collect any or all Solid Waste that Contractor would otherwise collect
3294 pursuant to this Agreement for the duration of period during which Contractor is unable to provide such
3295 services. In such event, Contractor must undertake commercially reasonable efforts to identify sources from
3296 which such substitute Solid Waste services are immediately available and must reimburse City for all of its
3297 expenses for such substitute services during period in which Contractor is unable to provide Integrated Solid
3298 Waste Handling Services required by this Agreement.
3299 29.06 Survival of Certain Contractor Obligations Notwithstanding the termination of this
3300 Agreement by Contractor or City, Contractor's obligation to indemnity, defend and hold City and City
3301 Indemnitees harmless as provided in this Agreement shall survive termination for five (5) years from the date
3302 of termination. Notwithstanding the termination of this Agreement by Contractor or City, such act shall not
3303 automatically invalidate or cancel any insurance policy, letter of credit, performance bond or similar
3304 instruments provided by Contractor under this Agreement and such policies, letters of credit, performance
3305 bonds and other instruments shall remain in full force and effect for one full year after termination.
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3306 Article 30. Modifications to the Agreement
3307 30.01 City -Directed Change. City has the power to make changes in this Agreement to impose
3308 new rules and regulations on Contractor under this Agreement relative to the scope and methods of providing
3309 Integrated Solid Waste Handling Services as may from time -to -time be necessary and desirable for the public
3310 welfare. The size of Collection Containers specified herein for Bundled Service are designed to meet the
3311 requirements of the Applicable Law, inclusive of the State's recycling mandates including AB 341, AB 1826
3312 and SB 1383, and to be appropriate for the capabilities and capacities of available Materials Recovery
3313 Facilities and Organics Waste Processing Facilities at the start of this Agreement. The capabilities and
3314 capacities of such facilities may change during the term of this Agreement; as such City reserves the right to
3315 redirect materials to alternate facilities and change the designated sizes of Carts and/or Bins in Bundled
3316 Services in accordance with any such changes. City will give the Contractor notice of any proposed change
3317 and an opportunity to be heard concerning those matters, and agrees to adjust Service Rates to reflect
3318 additional costs borne by Contractor. The scope and method of providing Integrated Solid Waste Handling
3319 Services as referenced herein will be liberally construed to include procedures, operations and obligations,
3320 financial or otherwise, of Contractor. When such modifications are made to this Agreement, City and
3321 Contractor will negotiate in good faith, a reasonable and appropriate compensation adjustment for any
3322 increase or decrease in the services or other obligations required of Contractor due to any modification in the
3323 Agreement under this Article. City and Contractor will not unreasonably withhold agreement to such
3324 compensation adjustment. Should agreement between City and Contractor on compensation adjustment not
3325 be reached within six months of the change request, or other period as agreed upon by both parties, City and
3326 Contractor agree to submit the compensation adjustment to binding arbitration as described in Section 30.02.
3327 30.01.1 Change in Law. City and Contractor understand and agree that the California
3328 Legislature has the authority to make comprehensive changes in Integrated Solid Waste Handling
3329 legislation, and that these and other changes in Applicable Law in the future which mandate certain actions
3330 or programs for counties, municipalities or Contractor may require changes or modifications in some of the
3331 terms, conditions, or obligations under this Agreement. Contractor agrees that the terms and provisions of
3332 the City Municipal Code, as it now exists or as it may be amended in the future (in a manner not inconsistent
3333 with this Agreement), will apply to all of the provisions of this Agreement and the Service Recipients of
3334 Contractor located within the Service Area. In the event any future change in the Applicable Law, inclusive
3335 of any change in Federal law or regulations, State or local law of regulation, or the City Code that materially
3336 alters the obligations of Contractor, then Contractor shall be obligated to, and hereby agrees to, undertake
3337 such new or modified services or programs or take such other actions as may be necessary to comply with
3338 the Change in Law ("Modified Services'), provided that City and Contractor negotiate in good faith, and
3339 agree upon a reasonable and appropriate compensation adjustment for such Modified Services, prior to
3340 Contractor being obligated to undertake the Modified Services. City and Contractor will not unreasonably
3341 withhold agreement to such compensation adjustment. Should agreement between City and Contractor on
3342 compensation adjustment not be reached within six months of the change request, or other period as agreed
3343 upon by both parties, City and Contractor agree to submit the compensation adjustment to binding arbitration
3344 as described in Section 30.02. Nothing contained in this Agreement will require any party to perform any
3345 act or function contrary to law.
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3346 30.02 Arbitration. Arbitration shall be conducted by a single arbitrator. If, within twenty (20) days
3347 from the receipt of a request to arbitrate (or such longer period mutually agreed to by the parties), the parties
3348 are unable to agree on an arbitrator, then a single arbitrator shall be appointed pursuant to the Commercial
3349 Arbitration Rules of the American Arbitration Association, which shall govern any arbitration requested under
3350 this provision. Each party shall bear its own costs and expenses of any arbitration. Each party shall pay one -
3351 half of the costs of the arbitrator.
3352 Article 31. Legal Representation
3353 31.01 Acknowledgement. It is acknowledged that each party was, or had the opportunity to be,
3354 represented by counsel in the preparation of and contributed equally to the terms and conditions of this
3355 Agreement and, accordingly, the rule that a contract will be interpreted strictly against the party preparing the
3356 same will not apply due to the joint contributions of both parties.
3357
Article 32. Conflict of Interest
3358 32.01 Financial Interest. Consultant is unaware of any City employee or official that has a
3359 financial interest in Consultant's business. During the term of this Agreement and/or as a result of being
3360 awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in Consultant's
3361 business by any City employee or official.
3362
Article 33. Contractor's Personnel
3363 33.01 Displaced Employees. Contractor shall offer employment to all qualified displaced
3364 employees of the City's franchisees from the prior Exclusive Solid Waste Franchise Agreement, Contractors
3365 must retain these displaced employees for a period of not less than 90 days, as provided for in Chapter 4.6,
3366 Sections 1070 through 1076 of the California Labor Code. Contractor shall make information about wage
3367 rates, benefits and job classifications of employees available to the City prior to any subsequent procurement
3368 for solid waste collection.
3369 33.02 Personnel Requirements. Contractor shall assign only qualified personnel to perform all
3370 services required under this Agreement and shall be responsible for ensuring its employees comply with this
3371 Agreement and all Applicable Laws related to their employment and position. Contractor's employees,
3372 officers, agents, and subcontractors shall not identify themselves or in any way represent themselves as
3373 being employees or officials of City. City may request the transfer of any employee of Contractor who
3374 materially violates any provision of this Agreement, or who is wanton, negligent, or discourteous in the
3375 performance of their duties under this Agreement.
3376 33.03 Agreement Manager. Contractor shall designate a qualified employee to serve as its
3377 Agreement Manager and must provide the name of that person in writing to City within thirty (30) days prior
3378 to the Commencement Date of this Agreement and annually by January 1st of each subsequent Calendar
3379 Year of this Agreement and any other time the person in that position changes. The Agreement Manager
3380 must be available to the City through the use of telecommunications equipment at all times that Contractor is
3381 providing Integrated Solid Waste Handling Services in the Service Area. The Contract Manager must provide
DRAFT AGREEMENT.V1 Page 93 of 185
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3382 City with an emergency phone number where the Contract Manager can be reached outside of normal
3383 business hours.
3384 33.04 Service Supervisor. Contractor shall assign a qualified employee to serve as is Service
3385 Supervisor to be in charge of the Collection Service within the Service Area and must provide the name of
3386 that person in writing to the Agreement Administrator on or before the Commencement Date, and thereafter
3387 annually before January 1st of each subsequent Calendar Year of the Term, and any other time Contractor
3388 changes the employee serving in that position changes. The Service Supervisor must be physically located
3389 in the Service Area and available to the Agreement Administrator through the use of telecommunication
3390 equipment at all times that Contractor is providing Integrated Solid Waste Handling Services. In the event the
3391 Service Supervisor is unavailable due to illness or vacation, Contractor must designate an substitute
3392 acceptable to the City who shall be available and shall have the authority to act in the same capacity as the
3393 Service Supervisor.
3394 33.05 Key Operations Staff. Contractor shall identify a full-time Key Operations Staff consisting
3395 at a minimum of: one (1) Operations Manager, one (1) Route Supervisor, one (1) Lead Mechanical
3396 Supervisor; and one (1) Service Recipient Service Supervisor 100% dedicated to the City. Each Key
3397 Operations Staff will provide the following to City Staff: email address, phone number, cell phone number and
3398 office address.
3399 33.06 Sustainability/Compliance Staff. In accordance with Section 20.01, Contractor shall provide
3400 full time Sustainability/Compliance Staff, whose primary duties are dedicated to the City.
3401 33.07 Field Personnel. Contractor's field operations personnel are required to wear a clean
3402 uniform shirt bearing Contractor's name. Contractor's employees, who normally come into direct contact with
3403 the public, including drivers, must bear some means of individual photographic identification such as a name
3404 tag or identification card. Each driver of a Collection vehicle must at all times carry a valid California driver's
3405 license and all other required licenses for the type of vehicle that is being operated.
3406 33.08 Labor Certifications. Contractor certifies: (i) it is aware of the provisions of Section 3700 of
3407 the California Labor Code that require every employer to be insured against liability for Workers'
3408 Compensation or to undertake self-insurance in accordance with the provisions of that Code; (ii) in the
3409 performance of the Services, Contractor shall not, in any manner, employ any person or contract with any
3410 person so that any part of this Agreement is so performed by such person would be subject to the workers'
3411 compensation laws of the State of California unless and until Contractor gives City a certificate of consent to
3412 self -insure or a certificate of Workers' Compensation Insurance Coverage; and (iii) in the event Contractor
3413 hires any subcontractor who has employees to perform the any part thereof, then Contractor shall either
3414 require the subcontractor to obtain Workers' Compensation Insurance Coverage, or must obtain Workers'
3415 Compensation Insurance Coverage for the subcontractor's employees. Before commencing performance
3416 under this Agreement, Contractor shall provide to the City evidence of any Workers' Compensation Insurance
3417 Coverage required by or for this Agreement, and all such coverage shall be endorsed with a waiver of
3418 subrogation in favor of City for all work performed by Contractor, its employees, its agents, and its
3419 subcontractors.
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3420 33.09 Subcontractors. Contractor shall not subcontract any portion of this Agreement without the
3421 prior written approval of the City Manager. Contractor is fully responsible to City for the performance of any
3422 and all subcontractors, if any, and shall require any subcontractors to maintain all applicable federal, state,
3423 and local licenses required for the work they are assigned to perform. Contractor shall require any
3424 subcontractors performing work in the City to enter into a written contract that requires such subcontractors
3425 to agree they are independent contractors and have no other agency relationship with City.
3426 Article 34. Exempt Waste
3427 34.01 Contractor is not required to Collect or dispose of Exempt Waste but may offer such
3428 services. All such Collection and disposal of Exempt Waste is not regulated under this Agreement, but if
3429 provided by Contractor must be in strict compliance with all Applicable Laws.
3430 Article 35. Independent Contractor
3431 35.01 In the performance of services pursuant to this Agreement, Contractor is an independent
3432 contractor and not an officer, agent, servant or employee of City. Contractor will have exclusive control of the
3433 details of the services and work performed and over all persons performing such services and work.
3434 Contractor is solely responsible for the acts and omissions of its officers, agents, employees, contractors, and
3435 subcontractors, if any. Neither Contractor nor its officers, employees, agents, contractors, or subcontractors
3436 will obtain any right to retirement benefits, Workers Compensation benefits, or any other benefits which
3437 accrued to City employees and Contractor expressly waives any claim to such benefits.
3438 35.02 Subcontractors. Contractor will require all subcontractors performing work in the City to
3439 enter into a contract containing the provisions set forth in the preceding subsection in which contract the
3440 subcontractor agrees that Contractor and subcontractor are independent contractors and have no other
3441 agency relationship with City.
3442
Article 36. Laws to Govern
3443 36.01 The law of the State of California governs the rights, obligations, duties and liabilities of
3444 City and Contractor under this Agreement and govern the interpretation of this Agreement.
3445
Article 37. Consent to Jurisdiction
3446 37.01 The parties agree that any litigation between City and Contractor concerning or arising out
3447 of this Contract must be filed and maintained exclusively in the Superior Courts of Los Angeles County, State
3448 of California, or in the United States District Court for the Central District of California to the fullest extent
3449 permissible by law. Each party consents to service of process in any manner authorized by California law.
3450
Article 38. Assignment
3451 38.01 No assignment of this Agreement or any right occurring under this Agreement may be
3452 made in whole or in part by Contractor without the express prior written consent of the City. City will have full
3453 discretion to approve or deny, with or without cause, any proposed or actual assignment by the Contractor.
DRAFT AGREEMENT.V1 Page 95 of 185
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3454 Any assignment of this Agreement made by Contractor without the express written consent of the City will be
3455 null and void and will be grounds for City to declare a default of this Agreement and immediately terminate
3456 this Agreement by giving written notice to Contractor, and upon the date of such notice Contract will be
3457 deemed immediately terminated, and upon such termination all liability of City under this Contract to
3458 Contractor will cease, and City will have the right to call the performance bond and will be free to negotiate
3459 with other contractors, for the services that are the subject of this Agreement. In the event of any assignment
3460 approved by City, the assignee must fully assume all the liabilities of Contractor by way of an assignment and
3461 assumption agreement. A sale or other transfer of more than fifty percent (50%) of the shares, stocks, points,
3462 or other indicia of ownership interest in Contractor shall be considered to be an assignment under this Article
3463 requiring prior written consent of the City. Upon notification to the City, Contractor shall provide to the City
3464 a payment of one hundred fifty thousand dollars ($150,000) for the city to perform its due diligence related to
3465 the requested Assignment.
3466 38.02 The use of a subcontractor to perform services under this Contract will not constitute
3467 delegation of Contractor's duties if Contractor has received prior written authorization from the Agreement
3468 Administrator to subcontract such services and the Agreement Administrator has approved a subcontractor
3469 who will perform such services. Contractor will be responsible for directing the work of Contractor's
3470 subcontractors and any compensation due or payable to Contractor's subcontractor will be the sole
3471 responsibility of Contractor. The Agreement Administrator will have the right to require the removal of any
3472 approved subcontractor for reasonable cause.
3473 Article 39. Compliance with Laws
3474 39.01 In the performance of this Contractor, Contractor must comply with all Applicable Laws,
3475 including, without limitation, the Rosemead Municipal Code.
3476 39.02 City shall provide written notice to Contractor of any planned amendment of the Rosemead
3477 Municipal Code that would substantially affect the performance of Contractor's services pursuant to this
3478 Agreement. Such notice must be provided at least thirty (30) calendar days prior to the City Council's approval
3479 of such an amendment.
M:1
Article 40. Permits and Licenses
3481 40.01 Contractor shall obtain, at its own expense, all permits, and licenses required by law or
3482 ordinance and maintain same in full force and effect throughout the term of this Agreement. Contractor must
3483 provide proof of such permits, licenses or approvals and must demonstrate compliance with the terms and
3484 conditions of such permits, licenses, and approvals upon the request of the Agreement Administrator.
3485 40.02 The Contractor must have a valid City Business Tax Certificate throughout the term of the
3486 Franchise Agreement.
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3487 Article 41. Ownership of Written Materials
3488 41.01 Contractor hereby grants City a non-exclusive license as to all reports, documents,
3489 brochures, public education materials, and other similar written, printed, electronic or photographic materials
3490 developed by Contractor at the request of City or as required under this Agreement, and intended for public
3491 use, without limitation or restrictions on the use of such materials by City. Contractor may not use such
3492 materials that specifically reference City for other purposes without the prior written consent of the Agreement
3493 Administrator. This Article 41 does not apply to ideas or concepts described in such materials and does not
3494 apply to the format of such materials.
3495 Article 42. Waiver
3496 42.01 Waiver by City or Contractor of any breach for violation of any term covenant or condition
3497 of this Agreement will not be deemed to be a waiver of any other term, covenant or condition or any
3498 subsequent breach or violation of the same or of any other term, covenant, or condition. The subsequent
3499 acceptance by City of any fee, tax, or any other monies which may become due from Contractor to City will
3500 not be deemed to be a waiver by City of any breach for violation of any term, covenant, or condition of this
3501 Agreement.
3502 Article 43. Prohibition Against Gifts
3503 43.01 Contractor represents that Contractor is familiar with City's prohibition against the
3504 acceptance of any gift by a City officer or designated employee. Contractor may not offer any City officer or
3505 designated employee any gifts prohibited by the City.
3506
Article 44. Point of Contact
3507 44.01 The day-to-day dealings between Contractor and City will be between Contractor and the
3508 Agreement Administrator.
3509
Article 45. Notices
3510 45.01 Except as provided in this Agreement, whenever either party desires to give notice to the
3511 other, it must be given by written notice addressed to the party for whom it is intended, at the place last
3512 specified and to the place forgiving of notice in compliance with the provisions of this Section. For the present,
3513 the parties designate the following as the respective persons and places for giving of notice:
3514
3515
3516
3517
As to the City:
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3518
3519
3520
3521
As to the Contractor:
3522 45.02 Notices will be effective when received at the address as specified above. Changes in the
3523 respective address to which such notice is to be directed may be made by written notice.
3524 45.03 Notice by City to Contractor of a Collection or other Service Recipient problem or complaint
3525 may be given to Contractor orally by telephone at Contractor's local office with confirmation sent to Contractor
3526 through the Customer Service System by the end of the Workday.
3527 Article 46. Transition to Next Contractor
3528 46.01 In the event Contractor is not awarded an extension or new contract to continue to provide
3529 Integrated Solid Waste Handling Services following the expiration or early termination of this Agreement,
3530 Contractor will cooperate fully with City and any subsequent contractors to assure a smooth transition of
3531 services described in this Agreement. Such cooperation will include but not be limited to transfer of computer
3532 data, files and tapes; providing routing information, route maps, vehicle fleet information, and list of Service
3533 Recipients; providing a complete inventory of all Collection Containers; providing adequate labor and
3534 equipment to complete performance of all Integrated Solid Waste Handling Services required under this
3535 Agreement, taking reasonable actions necessary to transfer ownership of carts and bins, as appropriate, to
3536 City; including transporting such containers to a location designated by the Agreement Administrator;
3537 coordinating Collection of Materials set out in new containers if new containers are provided for a subsequent
3538 Agreements and providing other reports and data required by this Agreement.
3539 Article 47. Contractor's Records
3540 47.01 Contractor shall keep and preserve, during the Term of this Agreement, full, complete, and
3541 accurate financial and accounting records, pertaining to cash, billing, and disposal transactions for the
3542 franchise area, prepared on an accrual basis in accordance with generally accepted accounting principles.
3543 These records and reports are necessary for the City to properly administer and monitor the Agreement and
3544 to assist the City in meeting the requirements of the Act. The Contractor shall keep and preserve, during the
3545 Term of this Agreement, and for a period of not less than four (4) years following expiration or other
3546 termination hereof or for any longer period required by law, full, complete, and accurate records as indicated
3547 in the Agreement.
3548 47.02 Any records or documents required to be maintained pursuant to this Agreement must be
3549 made available for inspection or audit for the purposes set forth in Section 17.01.3, at any time during regular
3550 business hours, upon written request by the Agreement Administrator, the City Attorney, City Auditor, City
3551 Manager, or a designated representative of any of these officers. Copies of such documents will be provided
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3552 to City electronically, available to City for inspection at the local Contractor office, or an alternate site if
3553 mutually agreed upon.
3554 47.02.1 Contractor acknowledges that City is legally obligated to comply with the California
3555 Public Records Act ("CPRA"). City acknowledges that Contractor may consider certain records, reports, or
3556 information contained therein, ("Records') which Contractor is required to provide to City under this
3557 Agreement, to be of a proprietary or confidential nature. In such instances, Contractor will inform City in
3558 writing of which records are considered propriety or confidential and shall identify the statutory exceptions
3559 to disclosure provided under the CPRA that legally permit non -disclosure of the Records. At such time as
3560 City receives a request for records under the CPRA or Federal Freedom of Information Act ("FOIA") or a
3561 subpoena or other court order requesting disclosure of the Records, City will notify Contractor of the request,
3562 subpoena or order and of City's obligation and intent to provide a response within ten (10) calendar days.
3563 Contractor shall within five (5) calendar days either: (i) consent in writing to the disclosure of the Records;
3564 or (ii) seek and obtain, at Contractor's sole cost and expense, the order of a court of competent jurisdiction
3565 staying or enjoining the disclosure of the Records. If Contractorfails to timely respond, then City may proceed
3566 to disclosure the Records in which event Contractor agrees waives and releases City of any liability for the
3567 disclosure of the Records. In the event Contractor seeks a court order to stay or enjoining the disclosure of
3568 the Records, Contractor agrees to indemnify and hold harmless the City, its Council, elected and appointed
3569 board or commission members, officers, employees, volunteers and agents (collectively, "Indemnitees")
3570 from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, proceeding or suit in
3571 law or equity of any and every kind and description, whether judicial, quasi-judicial or administrative in nature,
3572 arising or resulting from or in any way connected with the subject CPRA or FOIA request for the Records.
3573 This Indemnity shall survive the expiration or termination of this Agreement.
3574 47.03 Where City has reason to believe that such records or documents may be lost or discarded
3575 in the event of the dissolution, disbandment or termination of Contractor's business, City may, by written
3576 request or demand of any of the above-named officers, require that custody of the records be given to City
3577 and that the records and documents be maintained in City Hall. Access to such records and documents will
3578 be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor -in -
3579 interest.
3580 Article 48. Entire Agreement
3581 48.01 This Agreement and the attached Exhibits constitute the entire Agreement and
3582 understanding between the parties, and the Agreement will not be considered modified, altered, changed, or
3583 amended in any respect unless in writing and signed by the parties.
3584
Article 49. Severability
3585 49.01 If any provision of this Agreement or the application of it to any person or situation is to any
3586 extent held invalid or unenforceable, the remainder of this Agreement and the application of such provisions
3587 to persons or situations other than those as to which it is held invalid or unenforceable, will not be affected,
3588 will continue in full force and effect, and will be enforced to the fullest extent permitted by law.
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3589 Article 50. Right to Require Performance
3590 50.01 The failure of City at any time to require performance by Contractor of any provision of this
3591 Agreement will in no way affect the right of City thereafter to enforce same. Nor will waiver by City of any
3592 breach of any provision of this Agreement be taken or held to be a waiver of any succeeding breach of such
3593 provision or as a waiver of any provision itself.
3594 Article 51. All Prior Agreements Superseded
3595 51.01 This Agreement incorporates and includes all prior negotiations, correspondence,
3596 conversations, agreements, and understandings applicable to the matters contained in this Agreement and
3597 the parties agree that there are no commitments, agreements or understandings concerning the subject
3598 matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation
3599 from the terms of this Agreement will be predicated upon any prior representations or agreements, whether
3600 oral or written.
3601 Article 52. Headings
3602 52.01 Headings in this document are for convenience of reference only and are not to be
3603 considered in any interpretation of this Agreement.
Article 53. Exhibits
3605 53.01 Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Each
3606 such Exhibit is a part of this Agreement, and each is incorporated by this reference. In the event of any
3607 conflicts between this Agreement and the Exhibits, then this Agreement shall take priority.
•1:
Article 54. Attorney's Fees
3609 54.01 If litigation is brought by a party in connection with this Agreement, the prevailing party will
3610 be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees,
3611 incurred by the prevailing party in the exercise of any of its rights or remedies under this Agreement or the
3612 enforcement of any of the terms, conditions, or provisions of this Agreement.
3613
Article 55. Effective Date
3614 55.01 This Agreement will become effective when it is properly executed by City and Contractor
3615 and Contractor will begin Integrated Solid Waste Handling Services under this Agreement as of August 1,
3616 2023.
3617
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3618 IN WITNESS WHEREOF, City and Contractor have executed this Agreement on the respective
3619 date(s) below each signature.
3620
CITY OF
3621
A General Law City
3622
By:
3623
3624
3625
Title:
3626
3627
3628
ATTEST:
3629
City Clerk
3630
APPROVED AS TO FORM
3631
City Attorney
3632
3633
By:
3634
Lig
By: _
President
0
Secretary
INC.
DRAFT AGREEMENT.V1 Page 101 of 185
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3635 Exhibit 1
3636 City Approved Service Rates
3637
3638
DRAFT AGREEMENT.V1 Page 102 of 185
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3639 Exhibit 2
3640 City Sponsored Events
3641
3642 4th of July Event
3643 (minimum service level includes two 40 -yd Roll -offs for Garbage; twelve 3 -yd Bins, four each
3644 for Garbage, Recyclables, and Organic Waste; and lids & trash liners)
3645
3646 Moon Festival Event
3647 (minimum service level includes three 40 -yd Roll -offs for Garbage; twelve 3 -yd Bins, four each for
3648 Garbage, Recyclables, and Organic Waste; and lids & trash liners)
3649
3650 Fall Fiesta Event
3651 (minimum service level includes one 20 -yd Roll -offs for Garbage; eight 3 -yd Bins, 3 for Garbage, 3 for
3652 Recyclables, and 2 for Organic Waste; and lids & trash liners)
DRAFT AGREEMENT.V1 Page 103 of 185
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3653
3654
3655
3656
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Page 104 of 185
3657 Exhibit 3
3658 List of City Properties and Current Service Levels
3659
3660
3661
City Facilities - Service Levels
Facility Address
Garbage
Recycling
Organic/Green Waste/
Food Waste
Qty
Size
qty
Size
qty
Size
4343 E ENCINITA AV
4
3 CY
7933 EMERSON PL
3
3 CY
8301 GARVEY AVE
1
3 CY
8471 KLINGERMAN ST
3
3 CY
8838 VALLEY BLVD
2
3 CY
1
3 CY
1
64 Gal
9101 E MISSION DR
7
3 CY
9108 GARVEY AVE
3
3 CY
1
3 CY
1
64 Gal
2714 RIVER AVE
2
3 CY
1
64 Gal
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Page 105 of 185
City of Rosemead
Bus Shelter Trashcans
Street Address
Existing
Trashcan
Valley Blvd
[Eastbound]
8338
1
8548
1
8800
1
9000
1
9142
1
9338
1
9542
1
9712
1
[Westbound]
1
9701
1
Merwyn C Gill (NW Corner)
1
9403
1
9207
1
9001
1
8779
1
8609
1
935 (NW Corner of Delta Ave)
1
San Gabriel Blvd
1
[Northbound]
1
2106
1
2404
1
2518
1
3000
1
3106
1
3246
1
3366
1
[Southbound]
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Street Address
Existing
Trashcan
Garvey Ave
[Eastbound]
7556
1
7808
1
7822
1
7968
1
8170
n/a
8210
1
8350
1
8526
1
8738
1
8968
1
9094
1
[Westbound]
9105
1
9011
1
8735
1
Walnut Grove Ave (NW
Corner
1
8405
1
8117
1
8001
1
7773
1
7603
1
Mission Dr
[Eastbound]
8410
1
4545 (WG Ave - SW Corner)
1
8762
1
9016 Trashcan Stop Only 11
Page 106 of 185
City of Rosemead
Bus Shelter Trashcans
Street Address
Existing
Trashcan
3367
1
3205
1
3003
1
2722
1
2511
1
2403
1
2139
1
South San Gabriel Blvd
1
[Eastbound]
1
1151 (Delta St - Don Bosco
HS
1
Rose Glen Ave (SW Corner)
1
[Westbound]
1
1000
1
Village Ln (NE Corner)
1
Rosemead Blvd
[Southbound]
1
4461
1
4251
1
3967
1
3827
1
3675
1
[Northbound]
3706
1
3848
1
4008
1
4242
1
4502
1
3662
DRAFT AGREEMENT.V1
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Street Address
Existing
Trashcan
[Westbound]
9063 Explorer Stop Only
n/a
Rosemead Blvd (NW Corner)
1
8807
1
Walnut Grove Ave (NE Corner)
1
Walnut Grove Ave
[Southbound]
3365
1
2751
1
Fern Ave (NW Corner) (2605)
1
Klingerman St (SW Corner)
1
1683 Explorer Stop Only
1
Montebello Town Center
n/a
[Northbound]
2112
Edison Way (NE Corner)
1
2612 (south of
1
Garvey Ave (SE Corner)
1
Page 107 of 185
3663 Exhibit 4
3664 Collection Container Specifications
E4.01 Cart Specifications.
E4.01.1 All new or replacement Carts must be manufactured with a minimum twenty percent
(20%) post -consumer recycled material content and come with a ten (10) year warranty against defects.
E4.01.2 Carts must be constructed with material that resists deterioration from ultraviolet radiation
and be incapable of penetration by household pets or small wildlife when lids are fully closed.
E4.01.3 Contractor must provide Carts having an approximate volume of 32, 64 and 96 gallons.
Actual cart volume may vary by +1- 10% depending on manufacturer.
E4.01.4 Carts must include wheels and handles that accommodate ease of movement by able-
bodied persons, have heavy duty wheels, attached hinged lids, and be designed to be resistant to
inadvertent tipping due to high winds.
E4.01.5 Carts must include lids that continuously overlap the Cart body so as to prevent the
intrusion of rainwater and minimize odors. The lids would be of a design and weight so as to prevent the
Cart body from tilting backward when flipping the lid open.
E4.01.6 Carts must be capable of being lifted into the Collection Vehicle without damage or
distortion under normal usage.
E4.01.7 Carts be hot -stamped, embossed, or labeled/decaled with the company name, a unique
identification number (i.e., serial number for carts), weight limit, and images of the type of materials to be
Collected. All Carts shall also contain instructions for proper usage. If any of the above is accomplished
via labels or decals, such labels or decals must be maintained and/or replaced as necessary throughout
the term to maintain a near new appearance. Decals/labels showing types of materials collected in each
Cart must be replaced annually.
E4.01.8 Cart and lids must meet all applicable colors and labeling specifications as set forth by
CalRecycle (i.e., blue = recycle, black/charcoal = trash, green/brown = yard waste/mixed organics, green
w/yellow lid or yellow = food waste or other color standards as determined by CalRecycle prior to the
start of this Agreement).
E4.02 Bin Specifications.
E4.02.1 Bins must be constructed of heavy metal or heavy plastic and must be
watertight, well painted, in good condition and without rust or dents.
E4.02.2 Wheels, forklift slots, and other appurtenances, which are designed for
movement, loading, or unloading of the container, must be maintained in good repair.
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E4.02.3 Contractor must provide Bins having an approximate volume of 1, 2, 3, and 4 -
cubic yards.
E4.02.4 Bins must have the name and phone number of Contractor on the exterior so
as to be visible when the Bin is placed for use.
E4.02.5 Each Bin must be labeled with a listing of materials that may and may not be
placed in a particular Bin type, and each Bin must include a conspicuous warning: "Not to be used for
the disposal of hazardous, electronic, or universal waste." Bins must be labelled in English and Spanish.
E4.02.6 Bid lids must be constructed of metal or heavy plastic, so as to minimize the
intrusion of rainwater and minimize odors. Locking bins will be provided upon request at the rate set forth
in Exhibit 1.
E4.02.7 Bins must be capable of being lifted into the Collection Vehicle without damage
under normal usage.
E4.02.8 Bins must meet all applicable colors and labeling specifications as set forth by
CalRecycle (i.e., blue = recycle, black/charcoal = trash, green/brown = yard waste/mixed organics, green
w/yellow lid or yellow = food waste or other color standards as determined by CalRecycle prior to the
start of this Agreement).
E4.03 Roll -off Container Specifications
Roll -off specifications shall be the same as Bin specifications E4.02.1 through E4.02.6, and E4.02.8.
Roll -offs shall be provided in sizes 10, 20, 30,40 cubic yards. Compactors shall be available in sizes 10,
20,35, 40 cubic yards.
E4.04 Kitchen Food Waste Pails
Contractor is responsible for the purchase and distribution of fully assembled and functional Kitchen
Food Waste Pails to all SFD, MFD, Mixed -Use Dwelling Units in the Service Area, including to new
Dwelling Units that are added to Contractor's Service Area during the term of this Agreement. The initial
distribution of Kitchen Food Waste Pails must be completed no later than August 1, 2023 along with
educational outreach materials as approved by City and will be provided at no additional charge (one (1)
pail per Dwelling Unit). The distribution to new Dwelling Units must be completed within three (3) Work
Days of receipt of notification from City or the Dwelling Unit.
E4.05 Containers End of Life
Collection Containers must be recycled at the end of their useful life.
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3665
E4.06 Containers Purchase
Contractor shall report all new Carts and Bins purchased pursuant to this Agreement to its address within
the City, and shall report all purchases of Carts and Bins under this Agreement as attributable to the City
for sales tax purposes.
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Page 110 of 185
3666 Exhibit 5
3667 Transition Plan
3668 Republic Services has extensive experience in new program rollouts ensuring success for the City of
3669 Rosemead franchise implementation. Transition experience includes various conversions and
3670 implementations of residential and commercial program including regulatory compliance, information
3671 materials development, container delivery and removal, mailings, advertisements, routing, billings,
3672 audits, and ongoing education.
3673
3674 Vehicles
3675 Please reference Exhibit 8, Collection Service Operations Plan for a complete list of vehicles and all
3676 specifications as required by the agreement.
3677
3678 Containers
3679 Commercial, Multi -Family, and Industrial Customer Containers
3680 With the bundled-rate/service program outlined within the City's agreement, Rosemead customers will
3681 now be automatically set-up with each of the 3-continertypes (MSW, recycle, and commingled organics
3682 (food and green waste):
3683 • MSW container of any size and frequency
3684 0 96 -gallon recycling; 1 time per week
3685 • 32 gallon organic waste; 1 time per week
3686
3687 Any customer requiring additional service capacity and/or frequency of recycle and/or organic waste
3688 service will receive a tailored evaluation from Republic's field team to ensure the customer is set-up
3689 with the services that best meet their volume needs. These bins/carts will be color and label -compliant
3690 with SB 1383. Republic commits to providing all commercial customers with new recycling and organics
3691 containers upon their collection program enrollment, and of course, upon customer request. All existing
3692 bins for commercial/multi-family customers will be refurbished prior to contract commencement and
3693 delivered to the customers as color compliant and affixed with SB 1383 required labels.
3694
3695 Containers will be delivered to customers prior to contract commencement on August 1, 2023.
3696
3697 Residential
3698 Residential customers will receive a full set of three new carts to meet diversion goals and fully comply
3699 with SB 1383:
3700 . 32-, 64-, or 96 -gallon MSW
3701 • 32-, 64-, or 96 -gallon recycling
3702 • 32-, 64-, or 96 -gallon organics
3703
3704 Any customer requiring alternative service capacity and/or frequency of recycle and/or organics service
3705 will receive a tailored evaluation from Republic's field team to ensure the customer is set-up with the
3706 services that best meet their volume needs. These carts will be color and label -compliant with SB 1383.
3707
3708 Containers will be delivered to customers prior to contract commencement on August 1, 2023.
3709
3710 Cart and bin options for Rosemead that are color compliant with SB 1383 requirements
3711 Republic has worked collaboratively with Totter (carts) and Waste -Built (bins) to deliver new SB 1383
3712 color and label compliant carts and fully refurbished and/or new bins depending upon customer request
3713 and subsequent program/service enrollment in new collection services. However, Republic Services
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3714
3715
3716
3717
3718
3719
3720
3721
3722
3723
3724
3725
3726
3727
3728
3729
3730
3731
3732
will continue to utilize some existing containers by refurbishing and painting them as needed to meet
SB 1383 compliance.
Kitchen Pails
Upon contract award and in conjunction with delivery of all new residential carts, Republic will provide
a kitchen pail at no additional cost to each single-family property, multi -family dwelling unit, and mixed-
use dwelling unit for the collection of food waste and transport to their green -organics cart upon request.
Republic will purchase these pails and deliver them to each service recipient. Instructions for use will
be included in Republic's education and outreach efforts later described within this proposal.
Sharps
Republic will make available up to one postage -paid mail -back sharps container per year at no
additional cost to each Rosemead resident upon request. Republic will provide up to two postage -paid
mail -back sharps to Rosemead senior citizen residents containers per year at no additional cost.
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Page 112 of 185
3733 Republic will also provide a minimum of 200 pre -paid postage sharps containers per year to the city for
3734 their distribution at city hosted events and programs.
3735
3736 Routing/Geographic Information Systems Team
3737 • Routing for the conversion to Republic's proposed three -bin solution will be completed by our local
3738 routing team and validated by our Rosemead Route Supervisors and Operations Manager.
3739 • The GIS team has preliminarily mapped and reviewed current and proposed Rosemead routes to
3740 ensure an accurate count of service stops, frequencies and geographic locations.
3741
3742 Distribution and Collection of Containers
3743 0 Rollout of the three -bin system will be broken down into geographic zones to ensure distribution
3744 and replacement by contract commencement.
3745 • Republic Services will deliver all new residential carts while simultaneously removing the old carts
3746 from the customer's set -out site by July 31, 2023.
3747 • Republic will repurpose all commercial bins and deploy new commercial carts/bins for the 3-
3748 container program prior to contract commencement and upon customer right -sizing for new
3749 collection service enrollments
3750
3751 Employees
3752 • Republic's 9 Rosemead drivers and its Route Supervisors have complete familiarity with the City.
3753 We currently do not need to hire any new employees to administer and conduct the daily services
3754 as required by the new agreement.
3755 • Our assigned Municipal Relationship Manager, General Manager, Operations Manager,
3756 Operations Supervisor, and Recycling Representatives have established working relationships
3757 with City staff.
3758 • Only Republic can offer complete City and route familiarity.
3759 • Republic's Union work force is paid higher wages and receives better benefits than any of our
3760 competitors.
3761
3762 Hiring Process
3763 Hiring and retaining a workforce that represents the communities we serve is imperative to our success.
3764 While creating a best -in -class employee experience, we invite people of all backgrounds to join our
3765 team. We are dedicated to creating safe working environments where all employees can grow and
3766 thrive.
3767
3768 Republic is committed to serving Rosemead with the most qualified and trained staff. In addition to our
3769 experienced drivers, please meet Republic's Dedicated Rosemead Leadership Team:
3770 • Jason Bond — General Manager
3771 • Susan Ayala — Municipal Relationships Manager
3772 • Lisa Burney — Municipal Contracts Administrator
3773 • Amias Callender — Operations Manager
3774 • Jorge Tolentino — Field Operations Manager
3775 • Ruben Martinez—Recycling Coordinator
3776 • Janel Bustamante — Recycling Coordinator/Community Outreach Representative
3777 0 Dawan Scott — Route Auditor
3778
3779 Our team of experienced, hands-on team leaders bring over 40 years of transition experience
3780 gleaned through large-scale, challenging municipal implementation projects
3781
3782 Training
3783 We are committed to providing our employees with opportunities to develop throughout their careers. Our
3784 programs, including new hire onboarding and new leader assimilation, reinforce our Company values,
DRAFT AGREEMENT.V1 Page 113 of 185
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3785 expectations, and business approach. Targeted development experiences support the growth of people in
3786 key 6 roles, including Driver Training, Technician Training, Supervisor Training, Sales Acceleration, General
3787 Manager Onboarding, and more. We believe these programs provide the fundamental skills necessary to
3788 be successful across roles.
3789
3790 Our leadership programs are a critical part of growing our people. We remain focused on attracting, hiring
3791 and developing early career leaders. Our rotational training and development programs, including our
3792 General Manager Acceleration Program and Leadership Trainee Program, help us attract, develop and
3793 advance a diverse and talented pool of individuals from across our organization. Our Executive Leadership
3794 team sponsors these programs, providing visibility and support for the career advancement of our high -
3795 potential talent across the organization. We have found that these programs and experiences help ensure
3796 that the next generation of leaders build the necessary skills and experiences to be successful in their roles
3797 today, and in the future.
3798
3799 We continue to leverage innovative training methods using mixed mediums to deliver trainings and
3800 instruction to our employees. We remain committed to expanding employee participation in learning
3801 programs that are relevant to our business strategy and contribute to career advancement for our
3802 employees.
3803
3804 Our operations supervisor training programs are second to none. Every supervisor, upon starting
3805 employment at Republic Services, attends a rigorous 2 -week boot camp training course. Regardless of
3806 prior industry experience, this boot camp level sets all our supervisors on The Republic Services Way of
3807 running operations and builds a strong peer network with those who attend the training together. After the
3808 initial training boot camp, supervisors engage in regular refresher and new training opportunities, between
3809 2 and 4 times per year. This yields an operations supervisory team that shares best practices and constantly
3810 look for ways to improve on the level of service in your community.
3811
3812 Additional training for Rosemead drivers' includes:
3813 • One full day of virtual Smith's Driver Training online
3814 • 20 days of behind the wheel instructor training
3815 • City route knowledge and familiarity
3816 • Republic's drivers receive training in the proper handling of containers to minimize damage
3817
3818 Rosemead drivers are also committed to Quality Control —
3819 To ensure extreme reliability and a consistently high level of customer service, Republic Services has a
3820 quality control program called Driver Service Management (DSM). DSM includes an extensive driver -lead
3821 reporting process, accompanied by regular auditing, that is focused on safeguarding against procedural
3822 failures. DSM standards guarantee that all driver issues will be addressed and completely resolved by
3823 supervisors or management within seven days of discovery.
3824
3825 Other key benefits of this program include:
3826 a Increased driver communication and accountability with Republic Services management
3827 • Improved documentation and resolution of driver issues
3828 • Improved customer service
3829 • Improved on -route safety
3830
3831 The program is monitored and conducted by a Driver Service Coordinator responsible for:
3832 • Conducting pre -and post -route briefings with drivers
3833 • Entering and monitoring DSM issues
3834 • Running and distributing reports
3835 Drives must observe and record issues while performing collection duties, and report findings to their Driver
3836 Service Coordinator.
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3837
3838 The objective of the pre -route briefing is to ensure all drivers have the necessary tools to run their routes
3839 safely, competently, and accurately each day. The Driver Service Coordinator reviews the following topics
3840 during the briefing:
3841 • Confirms the driver is wearing the proper uniform and gear - PPE
3842 • Confirms the driver has the necessary route paperwork: sequenced route sheets and special/extra
3843 paperwork
3844 • Confirms the driver has completed the pre -trip vehicle inspection report and ensures end of day
3845 route completion
3846
3847 Employee Education
3848 All new employees will receive training regarding unpermitted waste identification, safety, and notification
3849 procedures. Furthermore, local management, drivers, and customer service representatives will continue
3850 to receive annual unpermitted waste screening protocol training. Drivers will be reminded about the
3851 importance of unpermitted waste screening protocol at each monthly safety meeting and will receive
3852 additional training as needed based on field incidents. Republic includes identification training of
3853 unpermitted wastes with special emphasis on hazardous wastes, flammable, combustible, and explosive
3854 materials.
3855
3856 We recognize that a safe workforce is not simply a discussion with a new hire, but a dedicated plan to
3857 review, educate, and verify employee practices throughout their career.
3858
3859 Every day, drivers face a multitude of challenges and are required to make decisions that can greatly
3860 impact their safety, as well as the safety of those in the communities we serve. Our best -in -class driver
3861 training and education programs focus on continual improvement of all our drivers.
3862
3863 A transition provides customers with an experience that is reliable, orderly, seamless, and without service
3864 interruptions conducted thoroughly and professionally by staff. The transition services may include the
3865 following as appropriate:
3866 • • Collect solid waste from outgoing contractor's containers
3867 • • Allow the outgoing contractor to collect from incoming contractor's containers
3868 • • Allow the future contractor to collect, from outgoing contractor's containers during the transition
3869 • • Service, remove and store outgoing contractor's containers after the transition
3870 • • Continue customer's services, container quantity and sizes, and applicable discounts from
3871 outgoing contractor's customer service list, including not providing containers to addresses not
3872 utilizing outgoing contractor's services
3873
3874 Communication and Education
3875 Republic will use our experienced and extensive team of recycling coordinators, and route auditors,
3876 already trained and employed by Republic who will approach every business by explaining the program
3877 offerings and requirements, complete onsite assessments, and establish proper services levels.
3878
3879 1 Prior to the Start of Integrated Solid Waste Handling Services
3880 1a. Transition Team Approach
3881
3882 Republic has successfully implemented new or emerging services in its 2,400 municipalities nationwide.
3883 As the current provider, we have developed relationships over the last 25 years with City staff and the
3884 Rosemead community which ensures a seamless transition and the early achievement of compliance
3885 with new regulations.
3886
3887 Republic guarantees no service disruption during the implementation of new programs and services. In
3888 addition, our incumbency guarantees a seamless implementation on the operations start date since all
3889 personnel, equipment, and systems are already in place. As Republic and the City work together to
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3890 implement new programs to satisfy CA mandates and regulations, The City of Rosemead's existing
3891 services will remain intact and unaffected.
3892
3893 Republic's incumbency in Rosemead allows our joint focus and energy to be on introducing new
3894 programs rather than on the complex administrative responsibilities of account set-up, routing,
3895 and systems development. Republic's depth of IT, routing, and customer service resources will
3896 solidly allow our attention to remain on implementing programs that comply with new regulations
3897 as well as zero waste programs over implementation basics.
3898
3899 The above fact aside, Republic is a seasoned expert in the low-risk, successful transition of services,
3900 whether that requires implementation of new services or programs within a jurisdiction Republic currently
3901 serves, or whether it requires rollout of city-wide services for a new contract. Republic successfully
3902 implements more than 75 new municipal contracts each year, bringing national strength and local
3903 expertise to every one of them.
3904
3905 This specific transition, for Republic—the City's incumbent—requires the following elements to create
3906 even more success in Rosemead:
3907 • Clear and consistent communication, both internally and between Republic and the City.
3908 • Scheduled, frequent communication with the City and follow-up status reports, and daily internal
3909 team meetings maintain project organization and momentum.
3910 • Timely and accurate capital asset procurement and delivery.
3911 • Procurement accuracy and frequent communication with vendors supplying trucks—including
3912 onboard computers and GPS tracking systems ensures on-time delivery. Because Republic is a
3913 major purchaser of equipment nationwide, vendors assign dedicated contacts and assistance to
3914 Republic orders.
3915 • Refreshed, targeted messaging, outreach, and recycling technical assistance and training.
3916 • Timely and appropriate communication with residents and businesses—including direct
3917 communication through a variety of channels, events, updated website information, and site visits
3918 ensure customer enrollment and participation.
3919 • Personnel training relative to new programs and initiatives.
3920 • Republic personnel receive updated training to address aspects of the new Agreement.
3921
3922 Because Republic already services every resident and business in Rosemead, the City is assured that no
3923 customer will go without service as our local team develops, produces, and disseminates a full
3924 communication package in sync with the new contract.
3925
3926 1b. Proposal/Negotiation Phase
3927 Start Date: January 1, 2023 / Expected Completion Date: May 9, 2023
3928
3929 1c. Start-up/Transition Phase
3930 Start Date: May 10, 2023 / Expected Completion Date: July 31, 2023
3931
3932 1d. Contract Phase
3933 Start Date: August 1, 2023 / End Date: July 31, 2033
3934
3935 2 Customer Communications & Selection of Equipment
3936
3937 Start Date: June 1, 2023 / Expected Completion Date: July 31, 2023
3938
3939 3 Employee Retention
3940
3941 3a Training Route Drivers
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3942 Please reference the employee and driver training sections outlined previously within this plan.
3943
3944 3b. Training CSRs
3945 The members of the transition team will update its customer service reference materials to incorporate all
3946 key program and contract information, issues discussed during transition team meetings, input from the
3947 City, and public education and outreach materials. With the onset of this new contract, Republic
3948 managers will review these materials and program changes directly with CSRs to ensure their complete
3949 knowledge of new contractual programs and service offerings.
3950
3951 Again, it's important to note that Republic is the incumbent, which means training is necessary only in the
3952 following areas:
3953 • Every CSR gets a copy of key contract provisions (contract abstract) relevant to their
3954 responsibility and, subsequently, receives training by senior managers.
3955 • Information regarding rates, service offerings, billing and payment procedures, pick-up schedules,
3956 hours of collection, and container set -out requirements
3957 • Procedures regarding additional containers and container replacement, extra pick-ups, special
3958 services/bulky item collection procedures, overage allowances, and drop-off programs (if
3959 applicable)
3960 • Information regarding the proper source separated disposal and materials
3961 • preparation, the list of acceptable recycling material, and acceptable (non -contaminated)
3962 green/food waste
3963 • Qualifications for fee discounts and the application process (if applicable)
3964
Customer with
Customer
Self -Service ( Person -to -
Person
Website Mobile App
3965
3966
3967 CSR's are also educated about waste reduction and diversion promotion, re -use programs (and the non -
3968 profit organizations involved), commercial/multi-family recycling programs (as applicable), and other
3969 related topics. All the above items are also included as part of the ongoing training (including the quarterly
3970 training sessions) of CSRs.
3971
3972 All CSRs are included in the initial review of all external facing program materials prior to their distribution,
3973 including the preparation of the introductory mailer and instructional brochures (as applicable). All CSRs
3974 are also supplied with a surplus of mailers and brochures to be distributed to customers upon request.
3975
3976 In -Person Customer Service
3977 Republic is immensely proud and appreciative of its long-standing partnership with the City of Rosemead
3978 and understands how important customer service is to the City.
3979
3980 To ensure Rosemead's customers always come first, Republic commits to hiring two full-time dedicated
3981 Recycling Coordinators and a Route Auditor dedicated exclusively to the City of Rosemead contract.
3982 These Republic employees will oversee and coordinate Rosemead customers' day-to-day service
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3983 requests, escalations, and field customer questions. The Recycling Coordinators will also provide face -to -
3984 face contact, training and education, and onsite service assessments with Rosemead customers.
3985 Republic intends to station this employee when needed at the Chamber of Commerce office within the
3986 City of Rosemead, enhancing Republic's customer service offerings in a personal and tangible way.
3987
3988 Republic views customer service as the reason we are in business—it is not just a standalone function or
3989 dedicated department. As such, a laser -like focus on customer experience is woven into all aspects of
3990 daily business at Republic. Every employee at Republic Services is viewed as a customer service agent.
3991
3992 When a customer calls our Customer Service line, a sophisticated series of actions begin:
3993 • Initial questions for the customer help determine the complexity of the request. Simple requests
3994 are routed for virtual agents that can handle calls from anywhere in the country from their own
3995 home if needed. More complex needs can be routed to more specialized agents with knowledge
3996 of the geography and operations if appropriate.
3997 . The customer's phone number then associates with known customer details in our database and
3998 triggers the integrated system to populate with a map of your service address, level of service,
3999 past service requests, and your city -specific contract information. This knowledge-based system
4000 even shows the customer's current weather.
4001 . The agent confirms the customer's name and service address and begins to assist the customer
4002 with the reason for their call.
4003 • If the question requires communication with the local operations team (such as, missed pick-up or
4004 container exchange), the agent can instantly connect with the local operations team through our
4005 national network.
4006 • Often, the customer's concern is handled by the time s/he hangs up the phone. For those issues
4007 requiring operations support the issue will be addressed in the most -timely manner.
4008 • Customers have the option to leave a recorded message or speak to a Supervisor if they choose
4009
4010 Republic's customer services programs are based on the following five principles that guide our daily
4011 business operations with the goal of providing excellent service. These principles will also pave the way in
4012 development of the customer service program for all customers within Rosemead:
4013 a Employ the highest quality personnel. We retain highly skilled and experienced personnel and
4014 compensate them accordingly.
4015 • Ensure easy and immediate access for customers and City staff. Appropriate staffing is
4016 critical to ensure easy and streamlined access to our professional staff for both customers and
4017 City staff.
4018 • Ensure timely and efficient issue resolution and follow-up. We uphold detailed
4019 policies/procedures for our customer service systems and controls, which facilitate expeditious
4020 issue resolution and follow-up. Our use of appropriate methods, field communication, and same -
4021 day resolution goals will translate into a timely and efficient turn -around from point of contact by
4022 customer to resolution.
4023 • The customer is always right. Our employees are taught to give the benefit of the doubt to
4024 every customer even if the facts may imply customer error.
4025 • Train all employees in customer service. To ensure a high level of quality service, every
4026 Republic employee—whether a driver, administrative, or manager—is trained in customer
4027 service. This ensures all customer interactions, whether internal or external, are processed
4028 efficiently, professionally, and up to Republic's standards. Employees are evaluated annually on
4029 their performance in this area.
4030
4031 Additional Customer Service Training and Monitoring
4032 Republic has developed comprehensive customer service training that has been specifically tailored to
4033 the Southern California market and even further tailored to individual communities where Republic
4034 provides service.
4035
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4036 There are two primary components to this training:
4037 1) training schedule.
4038 2) accompanying materials and resources.
4039
4040 As indicated earlier, before new CSRs are allowed to handle phone calls on their own, they undergo an
4041 extensive training course that orients them to the general business, to the specific services Republic
4042 provides, and to their roles and responsibilities in meeting Republic's commitments to Rosemead and its
4043 customers.
4044
4045 The training program includes in-depth training modules such as:
4046 • Building Strong Customer Relationships
4047 . Customer Service Via Phone and E-mail
4048 • Excellence in Technical Customer Service.
4049
4050 Each module contains several components. Additionally, as indicated previously, all CSRs are monitored
4051 for their call quality, where calls are recorded, evaluated, and reviewed with management. During the
4052 review, Supervisors coach employees on soft skills including courtesy, how to be more pro -active, and
4053 one -call resolution.
4054
4055 This strong training foundation is pivotal to Republic's local success at achieving above-average call
4056 response and call waiting metrics.
4057
4058 All Customer Service staff also receive quality -based performance reviews and ongoing training in the
4059 most advanced customer service techniques. Interactive training tools and resources for Customer
4060 Service Managers are located on Republic's internal website.
4061
4062 3c. Mechanic's Training
4063 To ensure extreme reliability and a consistently high level of knowledge, Republic Services 13 mechanics'
4064 go through in-depth training including:
4065 • One full day of virtual Smith's Driver Training online
4066 • 20 days of behind the wheel instructor training
4067 . City route knowledge and familiarity
4068 • OSHA compliance
4069 • Correct PPE (Personal Protection Equipment)
4070 . Accident prevention
4071 . Lock out/tag out
4072 . Confined space
4073 • Hazardous training including flammable and combustible liquids
4074 • Heat Stress and Illness Prevention
4075 • Becoming certified Brake inspectors
4076 0 Hydraulic and Systems training for Mcneilus body manufacturers
4077 0 Power tool training for safety compliance
4078
4079 We recognize that a safe workforce is not simply a discussion with a new hire, but a dedicated plan to
4080 review, educate, and verify employee practices throughout their career. To maintain a heightened
4081 awareness of safety, we have developed monthly training refreshers for our mechanics.
4082
4083
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4086
4087
4088
4089
4090
4091
4092
4093
4094
4095
4096
4097
4098
4099
4100
4101
4102
4103
2023 monthly mechanics Health and Safety Training Schedule (Jan -June)
Health and Safety Training Schedule - Maintenance
Safety Meetings & Training
Republic Services provides weekly, monthly, and annual safety training for all our employees.
Safety topics are developed based on subject matter required under OSHA regulation. Republic Services
prepares well-developed tailgate sessions, provides translators to engage all employees and encourages
open discussion and participation.
Meeting topics may include:
• Injury and illness prevention/safety rules
• Back injury prevention
• Emergency response/fire safety
• Exposure control plan
• Drug and alcohol program
• Personal protective equipment
• Employee right -to -know
• Hearing conservation safety
• Lock out and tag out safety
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Plan
Safety Meetings & Training
Republic Services provides weekly, monthly, and annual safety training for all our employees.
Safety topics are developed based on subject matter required under OSHA regulation. Republic Services
prepares well-developed tailgate sessions, provides translators to engage all employees and encourages
open discussion and participation.
Meeting topics may include:
• Injury and illness prevention/safety rules
• Back injury prevention
• Emergency response/fire safety
• Exposure control plan
• Drug and alcohol program
• Personal protective equipment
• Employee right -to -know
• Hearing conservation safety
• Lock out and tag out safety
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Page 120 of 185
4104 • Slips, trips, and falls
4105 . Confined space entry
4106
4107 4. Transition Services
4108 4a. Regular Meetings
4109 Republic will host weekly transition meetings with City staff, or more frequently as needed, to ensure all
4110 implementation tasks, agreement requirements, and timelines are adhered to in real time.
4111
4112 4b. Activated Phones Lines
4113 Customer Service 800-299-4898
4114 Customer Service Local No. 562-347-4000
4115 Ruben Martinez, Recycle Coordinator 562-527-4537
4116 Customer Service website: republicservices.com
4117
4118 4c. Determining Routes
4119 Please reference the Rosemead route maps included as Attachment 1 in Exhibit 8 "Collections Service
4120 Operations Plan."
4121
4122 4d. Vehicle and Container Delivery from Manufacturer
4123 Upon contract award, Republic will immediately place an order for all new residential carts. Additionally,
4124 Republic will organize a commercial bin replacement/refurbishment schedule. Republic's Recycling
4125 Coordinators will identify all non-compliant customers who will need to receive a new 96 -gallon recycling
4126 and 32 -gallon organics cart. These new program enrollment customers will be added to the cart order upon
4127 contract award.
4128
4129 5. Public Outreach and Education Activities
4130 Please reference Exhibit 11 for a comprehensive approach to our outreach and education activities as part
4131 of this transition.
4132 • Republic will use our experienced extensive team of Recycling representatives already trained and
4133 employed by Republic who will approach every business explaining the program, complete
4134 assessments, and establish proper services levels.
4135 • We will have a representative located in the City to collect payments, visit with customers and drive
4136 diversion.
4137 • Republic has a full marketing department producing material specifically for Rosemead.
4138 • Customer data will be collected through interactive applications, Republic's website, toll free and
4139 local numbers for customers, the Company's zero waste representatives, and mail -back programs.
4140
4141 6. Transition Coordinator
4142 Susan Ayala, Municipal Relationship Manager, will be the primary point of contact for a smooth and
4143 seamless transition of the new agreement. With over eight years of experience in the industry and managing
4144 contracts, Susan possesses the necessary skills and knowledgeable to ensure a seamless transition.
4145 Susan can be reached at 562-518-5750 or savalalcDrepublicservices.com.
4146 Susan will be fully supported in all aspects of the transition by General Manager, Jason Bond, and
4147 Operations Manager, Amias Callender.
4148
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4149 7. Transition Schedule
4150
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RIV #4862-7000-7618 v1
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Phase /Activity
End Date
(1) PRE -CONTRACTING PHASE
a
Ci identifies recommended proposer.
5/9/23
b
Order Collection Vehicles
12/31/23
(2) CONTRACTING PHASE
I
(a)
Contract Award/Execute Agreement
5/30/23
b
Insurance
5/30/23
c
Performance Securi
5/30/23
d
Execute Agreement
3
e
Contractin Fee
3 TRANSITION PHASE
a
Transition Activities:
a'5/30/23
i Transition Planning
Transition Team Meetin s Weekl
n
ii AfterAction Meetin
n
b
Employment Activities:
i Invitation to Apply
5/9/23
Ongoing
(ii) Recruitment / Family Fair
7/1/23
8/1/23
(iii) Employment Start Date
Onaoina
Ongoing
c
Equipment Activities:
i Collection Vehicles
5/16/23
On oin
Residential Cart Production
6/01/23
7/31/23
(iii) Commercial Bin Procurement
5/10/23
7/31/23
v Residential Cart Distribution / Removal
6/30/23
7/31/23
v Commercial Bin Distribution / Removal
6/1/23
7/31/23
d
Customer Activities:
Phase/Activity
Start Date
End Date
(i) Recycle Coordinators at Rosemead Chamber Office
6/1/23
8/1/23
(ii) Customer Service Training
7/1/23
ongoing
(iii) Residential Account Information
5/16/23
Ongoing
Customer Update & Audit
5/16/23
ongoing
Initial Billing & Reporting
7/16/23
On oin
iv Commercial Account Information
5/16/23
7/30/23
Verification & Sustainability Programs
5/16/23
/30/23
Customer Upload & Audit
N/A
Ongoing
Initial Billing
8/1/23
ongoing
(v) Routing
7/1/23
ongoing
(vi) City Facilities
8/1/23
ongoing
Initial Billing & Reporting
N/A
ongoing
Initial Billing
N/A
ongoing
(e) Education, Outreach & Diversion Activities
i) Residential Service Brochure
7/15/23
ongoing
i Print & Social Media
6-M/23
on oin
(iii) Update Website
5/10/23
ongoing
(iv) Community Meeting
7/1/23
ongoing
v) Local Organizations Presentation
7/15/23
ongoing
vi Nei hborhood Associations
7/1/23
ongoing
(vii) Residential Services Selection
7/1/23
ongoing
Food Recovery Assistance
8/1/23
on oin
4) SERVICE START
a
Route Adjustments
8/1/23
on oin
(b)
Compliance Review
8/1/23
jongoing
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4151
4152
4153
4154
4155
4156
4157
4158
4159
4160
4161
I�-A
(c)
-identify Tier One & Tier Two Customers
8/1/23
Ion
oin
(d)
Assist Tier One & Recovery Inspections
8/1/23
longoing
(c) Compliance Review
8. Commencement Date of Collection
August 1, 2023. Republic guarantees no service disruption during the implementation of new programs and
services. In addition, our incumbency guarantees a seamless implementation on the operations start date
since all personnel, equipment, and systems are already in place. As Republic and the City work together
to implement new programs to satisfy CA mandates and regulations, The City of Rosemead's existing
services will remain intact and unaffected.
9. Commercial Generator Transition Plan Supplement +
Below is the supplemental transition schedule highlighting major milestones of the process.
Commercial - Phase I Activity
Start Date
End Date
(a) Contract Award
05/09/23
ongoing
(b) Collection Vehicles
6/15/23
7/31/23
(c) Compliance Review
06/01/23
ongoing
(d) Share Review Results with City Staff
06/01/23
ongoing
() Commercial Customer Outreach (Mos
Impacted)
6/01/23
ongoing
(e) Commercial Customer Outreach (All Others)
7/01/23
ongoing
(f) Community Meetings
7/01/23
ongoing
(g) Commercial Bins Added, Replaced or Painted
6/15/23
7/31/23
(h) Recruitment (Additional Commercial Drivers)
n/a
n/a
(i) Final Customer Container Selection
6/15/23
7/31/23
0) Bins Delivered
6/15/23
Ongoing
(k) Service Start
8/1/23 1Ongoing
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Page 123 of 185
4163 Exhibit 6
4164 Administrative Charges and Penalties
Item
Amount if Not Cured
If Cured in 30
in 30 Days
Days
a.
Failure to respond to each complaint within three (3) Work
Days of receipt of complaint.
$100 per incident per Service Recipient.
b.
Failure to maintain call center hours as required by this
Agreement.
$100 per day.
0-
c.
Failure to submit to City all reports by the deadlines
required under the provisions of this Agreement.
$100 per day.
-0-
d.
Failure to include all parts of quarterly and annual reports
specified in Sections 22.02 and 22.03 in the submitted
$100 per day.
-0-
report
e.
Failure to submit to City all payments by the deadlines
1% of the total amount due if fees are 1
required under the provisions of this Agreement.
— 10 days late; and 10% of the total
amount due if fees are more than 10
days late.
f.
Failure for Collection Container to be compliant with
$50.00/each Collection
specifications of Exhibit 4.
Container not
-0-
compliant.
g.
Failure for Collection Container to be compliant with SB
$50.00/each Collection
1383 labeling requirements.
Container not
-0-
compliant.
h.
Failure to display Contractors name and customer
$100 per incident per
service phone number on Collection Vehicles.
day.
-0-
i.
Failure to Collect a missed collection Container by close
$1,000 per Calendar
of the next Work Day upon notice to Contractor, that
year, plus $10 per
-0-
exceeds twenty (20) in any Calendar Year.
incident per day.
j.
Failure to repair or replace damaged Containers within
$1,000 per Calendar year, plus $10 per
the time required by this Agreement, that exceeds twenty
(20) in any Calendar year.
incident per day.
k.
Failure to maintain collection hours as required by this
$100 per day.
-0-
Agreement.
I.
Failure to have Contractor personnel in Contractor-
$25 per day per
provided uniforms.
employee.
-0-
DRAFT AGREEMENT.V1 Page 124 of 185
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4165
Item
Amount if Not Cured
If Cured in 30
in 30 Days
Days
m
Failure of Contractor to follow Recyclable Materials and
Submit for
Organic Waste Contamination and Overage procedures
approval to
as set forth under Section 5.07 and 5.13.
City and
$100/day for failure to
implement correction
implement
plan.
plan of
correction to
City within 30
days.
n.
Vehicle fluid leak incidents from Contractor Collection
$5000 per
Vehicles in excess of three (3) during a calendar year.
incident in
excess of
three (3)
o.
Failure of Contractor to provide proof of performance
bond as required by this Agreement
Agreement Default
$500 per day
p.
Failure of Contractor to provide proof of insurance as
required by this Agreement
Agreement Default
$500 per day
q.
Failure to provide City with documentation verifying
Submit for
Diversion, as outlined in Section 8.02, was achieved.
approval to
City and
$10,000/Quarter
implement
plan of
correction
within 30
days.
r.
Failure to Collect holiday trees on Collection Days.
$25 per day.
-0-
s.
Failure to commence service to a new Service Recipient
within seven (7) days after order.
$150 per day
0-
I.
Failure to initially respond to a Service Recipient
$50.00 per failure to
complaint within one (1) business day.
resolve customer
-0-
compliant or request
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Page 125 of 185
4166 Exhibit 7
4167 Customer Service Plan
4168 Overview
4169 1. Service Recipient Billing
4170 Republic has extensive experience in residential, multi -family, and commercial billing and currently bills
4171 more than 2.4 million customers nationwide on a monthly basis. Republic has the infrastructure and
4172 billing system for direct billing to any type of customer along with any special detail or billing
4173 messages/informational announcements requested by the City. Republic bills are easy to understand,
4174 detailing service levels and corresponding charges, and contain self-addressed envelopes for payment.
4175 All billing requests from City residents and commercial accounts will be handled through our state -of -
4176 the -art call center. Billing disputes and other complex issues will be escalated to the local team for
4177 additional research if our call center cannot resolve during the customer's initial call.
4178
4179 Republic bills customers using InfoPro, a fully integrated customer management system. InfoPro has
4180 been programmed and is maintained entirely in-house, with a platform of the IBM I -Series platform,
4181 relational database DB2-UDB with core programming languages of RPG/ILE, SQL, and Java. Sample
4182 bills can be supplied upon request.
4183
4184 The system is divided into several modules. Most of the modules within InfoPro are driven by the
4185 information within the Customer Maintenance module. This is the main customer database. Billing
4186 information, service location, container specification and rate information are the primary components of
4187 this module. Accounting controls as well as collection event information is displayed. A direct link to
4188 Account Receivable is available. Sales management information including territory, representative,
4189 contract information, SIC, and key contacts is stored within in the service location section. The
4190 container's routing, disposal and billing schedule is defined. The rate logic allows for multiple rate
4191 variations to be applied to the single container group such as; monthly rates, lift rates, volume rates,
4192 excess weight disposal, minimum lifts, multiple additional rates and supplemental service rates.
4193 Historical rate information is also retained. Each customer account is specific to service type and each
4194 line of business is assigned a contract number.
4195
4196 There is a high level of data flow and interaction between the different modules thus eliminating
4197 duplicate data entries within any area. At the end of the day, the information that has been keyed into
4198 InfoPro by the various users of the system is processed. At that point history files are updated, charges
4199 are generated for customers, production values are updated, container inventory is updated, and
4200 preventative vehicle maintenance values are calculated.
4201
4202 All invoices can include a notification message with important reminders, holiday schedules, and any
4203 other, information the City would like conveyed directly to the customers. A quarterly newsletter or billing
4204 inserts can also be included within invoices. Commercial customers will be billed monthly in advance of
4205 service and will be itemized by type of service.
4206
4207 Commercial bills will comply with the terms of the new franchise agreement. Temporary roll -off box and
4208 bin customers are typically required to pay with a credit card upon placing a service request. Permanent
4209 roll -off customers will be billed semi-monthly in arrears with payment due 15 days from the invoice date.
4210 Additional messaging can be added to these bills as well.
4211
4212 2. Technology Network
4213 Republic's technology expertise is designed to fully support the customer experience, which is why this
4214 detail is included. Republic is grounded by a team of seasoned information technology professionals
4215 dedicated to the identification, development, and integration of advanced and appropriate technology
4216 solutions to automate data capture and reporting functions to the greatest possible extent. Republic
4217 currently uses a sophisticated suite of integrated applications to ensure Republic and its municipal
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4218 clients have access to accurate data. The brief description of each primary technology component
4219 follows.
4220
4221 InfoPro
4222 Republic's InfoPro software is the backbone of the Company's customer management system, as
4223 indicated previously. InfoPro is the main customer database. Billing information, service location,
4224 container specification, and rate information are the primary components of this module. Accounting
4225 controls as well as collection event information is displayed. A direct link to the Accounts Receivable is
4226 available. Sales management information including territory, representative, contract information, SIC,
4227 and key contacts is stored in the service location section.
4228
4229 The container's routing, processing/disposal, and billing schedule is defined. The rate logic allows for
4230 multiple rate variations to be applied to the single container group such as: monthly rates, lift rates,
4231 volume rates, excess weight disposal, minimum lifts, multiple additional rates, and supplemental service
4232 rates. Historical rate information is also retained. Each service location (site) within the customer
4233 account has a unique contract number, each service location can have multiple containers types such
4234 as frontload, frontload recycling, or roll -off. Line of business is designated at the container level.
4235
4236 There is a high level of data flow and interaction between the different modules, thus eliminating
4237 duplicate keying in any area. At the end of the day the information that has been keyed into InfoPro by
4238 the various users of the system is processed. At that point, history files are updated, charges are
4239 generated for customers, production values are updated, container inventory is updated, and preventive
4240 vehicle values are also calculated. InfoPro routing and dispatch modules are fully integrated with
4241 Republic's customer portal, My Resource which allows customers to view their accounts and service
4242 levels, review and pay invoices, and submit service requests.
4243
4244 Trux
4245 TRUX Weigh -IT is the industry standard software for ticketing, billing, materials management, and
4246 accounts receivable processing in the waste industry. Designed specifically for landfills, transfer
4247 stations, and recycling facilities. Weigh -IT is a Windows-based application which uses the .NET
4248 platform and Microsoft SQL service technology to organize and securely store data. Weigh -IT is
4249 scalable and capable of handling operations and billing processes for any size company, from single -
4250 site facilities to multiple scale locations with centralized reporting. Scale ticket entry has been optimized
4251 to be as quick and efficient as possible, allowing scale operators to process loads quickly.
4252
4253 Dossier
4254 At its core, Dossier includes a powerful and flexible relational database that helps users manage fleet
4255 assets. Dossier allows for the definition of an unlimited number of asset categories, and each category
4256 may have an unlimited number of user defined characteristics. There is no practical limit to the number
4257 of assets which may be maintained with the Dossier system. Installed Dossier system sizes ranges
4258 from single locations with less than ten assets, to large enterprise systems with hundreds of shops or
4259 sites, hundreds of thousands of assets, and thousands of users. Assets can be added or inactivated at
4260 any time by user personnel with appropriate program security credentials.
4261
4262 Dossier also provides the business management environment for the support of maintenance
4263 management, namely cataloging of maintenance, operations, and management personnel along with
4264 relevant licenses and certifications, parts, or along with relevant licenses and certifications, parts and
4265 inventory management, as well as a purchasing environment for materials and externally sourced
4266 services.
4267
4268 In addition to characterization of static asset data, Dossier's unique architecture allows for the definition
4269 of hierarchical scheduled maintenance activities and equipment and parts warranties based on time
4270 and/or utilization. Once assets exist in Dossier, the program tracks all asset activity, including, but not
4271 limited to:
4272 • Scheduled and unscheduled work, including cost, parts, technician, and time spent.
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4273 • Work and cost performed by external providers.
4274 0 The asset utilization in terms of miles and hours.
4275 0 Fuel and parts inventory and individual asset usage.
4276 0 Special handling for tires and tracking even if transferred to different assets or sent out for
4277 recapping.
4278 0 Requests for work or repairs reported by drivers and technicians.
4279
4280 Data capture functions are automated in Dossier eliminating duplicate entry and associated errors.
4281 Some of this automation is achieved within Dossier and some is the result of live interfaces to other
4282 business systems. For example, Dossier can electronically import fuel dispensing systems records and
4283 external provider work records.
4284
4285 The true benefit of Dossier's ability to integrate data from a variety of sources, as in the above example,
4286 is the resulting business analysis and decision support, including cost and productivity optimization,
4287 compliance, and safety management. Dossier includes management dash -boarding for key fleet
4288 metrics such as fuel cost and efficiency, preventive maintenance on-time scorecard, and more.
4289
4290 The system containers over 150 built-in reports which allows Republic to get clarity on and so drive
4291 improvements and change in its fleet operations. Dossier is a best -in -class fleet management tool
4292 designed to optimize maintenance operations.
4293
4294 RISE Platform
4295 RISE Tablet is a web -based platform that combines a digital route sheet with the power of the tablet. It
4296 provides a map view of the day's route and will automatically adjust to any changes you make, while
4297 giving near -real-time activity updates to dispatch. It offers turn -by -tum navigation to help with unfamiliar
4298 stops, traffic reporting to navigate unexpected issues on the road, and automatically records arrival and
4299 departure times.
4300
4301 This tool was made by Republic Services. We designed it for our business. It's already in action at
4302 some divisions and is working as designed.
4303
4304 Mobile App
4305 Rosemead residential, multi -family, and commercial customers will have use of the Republic Services
4306 app. Modern day customer service is about customer options and simple solutions. Newer generations
4307 expect web -based and mobile app -based abilities to self -serve simple needs at any time of the day or
4308 night. Certainly, more complex topics may still require a person-to-person interaction, but a vast
4309 majority of customer service contacts in this industry are topics that are able to be self -served.
4310
4311 For this reason, Republic Services has invested to create a complete service offering that allows
4312 customers to request service on their terms.
4313
4314 Our customers now have the ability to reach us 24/7 via our website, www.RepublioServices.com, or
4315 via our Republic Services mobile app.
4316
4317 Our self-service options are designed to improve overall response time, enabling
4318 resolution to simple customer inquiries and needs anytime, anywhere with the least amount of customer
4319 inconvenience as
4320
4321 Website
4322 Available 24/7 on web. Updated as needed.
4323
4324 The Republic Services website is designed to be a one-stop resource for current and potential
4325 customers. Here they will find news updates, collection information and educational tools. The
4326 educational program provides in-depth information for both residential and commercial customers, and
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4327 the programs are downloadable and can be used for outreach and environmental initiatives. When a
4328 resident enters their service address, they will find news and resources specific to Rosemead.
4329
4330 RepublicServices.com provides in-depth content specific to residential and commercial needs.
4331 Residential pages allow the user to enter their address to receive information specific to them, including
4332 the ability to schedule pickup, or change service. If the customer is direct billed by Republic Services,
4333 they can also inquire into billing related questions or even view and securely pay their bill. Residential
4334 customers will also find resources on recycling and environmental needs.
4335
4336 Business pages allow users to login and view/pay their bills, view billing history, and schedule pickups.
4337 Commercial users will also find resources on how to responsibly dispose of electronics waste,
4338 hazardous household material, and other environmentally harmful materials.
4339
4340 On the main page of RepublicServices.com, visitors will be able to view a video clip of recycling
4341 education that features our "closed loop" recycling collection program. This video can easily be edited
4342 to focus on any new initiatives agreed upon with the City of Rosemead.
4343
4344 Additionally, a website will be built and maintained specifically for Rosemead, where City -specific
4345 content will be available. This will include a description of general services provided, FAQs, rates,
4346 guidelines for bulky pickup service, service day map, Republic contact information, and hours of
4347 operation. The website will link to the City's webpage.
4348
4349 An example of a current city -specific website can be found at
4350 https://www.republicservices.com/municip /rosemead-ca
4351
4352 3. Staffing Levels fit`
4353 Optimal Call Center Hours
4354 During a 12 -month period in 2019, we collected and tracked every call that was made to our staffed call
4355 centers across America. Over 12.7M calls were received during that timeframe, when our call centers
4356 were open from M -F (7am to 6pm), and Saturday (8am-1pm).
4357
4358 When analyzing the data, we learned that less than 1.5% of daily calls were received from 7am to Sam,
4359 and less than 1% of daily calls were received after 5pm daily. We further learned that less than 2% of
4360 the weekly call volume occurred on Saturday. Through the data, the customers were telling us that
4361 they were busy during those times, and that it was not necessary for the call centers to be running fully
4362 staffed for such a small percentage of the total call volume.
4363
4364 This insight allows us to define the best practice for call center hours to be M -F from 7:30am to 5:OOpm.
4365
4366 If calling our customer service department after normal business hours, Rosemead will also be given
4367 the option to leave a call-back request. A customer service agent will retrieve the message the next
4368 business day and promptly return the customer's call ready to provide solutions to their request.
4369 Should a customer service agent be unable to fulfill a customer's request or resolve a particular issue,
4370 they will be instructed to contact either the local contract manager or local customer service agents to
4371 personally fulfill the customer's needs from there.
4372
4373 Access to Live Agents, Virtually
4374 When the pandemic of 2020 hit, we learned some powerful lessons regarding optimal customer service
4375 models. For years prior, we had invested to consolidate our agents into three national call centers,
4376 leveraging technology and training to offer a superior experience to callers. However, in February
4377 2020, as the nation implemented shelter in place orders and moved to work -from -home, we leveraged
4378 our years of investment in our customer service technology systems to shift all our call center agents to
4379 work -from -home in three days. Over 1800 agents began taking calls from home, completely seamless
4380 to the customers who were calling. Throughout the months -long pandemic, we found performance
4381 improved, average call metrics improved, and customer satisfaction scores also improved. A new
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4382 customer service model had been created and proven in the pandemic, whereby agents could take
4383 calls from anywhere, so long as they had access to their technology.
4384
4385 Leveraging this new proven reality, we now recognize that a vast majority of customer calls are for
4386 simple items like clarification or cart repairs, which can be served by virtual agents from any location.
4387 This paradigm shift enables far greater staffing with greater flexibility to attracting top talent from across
4388 the country, as well as flexible response to call volume surges.
4389
4390 When a customer calls our Customer Service line, a sophisticated series of actions begin:
4391 0 Initial questions for the customer help determine the complexity of the request. Simple requests
4392 are routed for virtual agents that can handle calls from anywhere in the country from their own
4393 home if needed. More complex needs can be routed to more specialized agents with knowledge
4394 of the geography and operations if appropriate.
4395 0 The customer's phone number then associates with known customer details in our database and
4396 triggers the integrated system to populate with a map of your service address, level of service,
4397 past service requests, and your city -specific contract information. This knowledge-based system
4398 even shows the customer's current weather.
4399 0 The agent confirms the customer's name and service address and begins to assist the customer
4400 with the reason for their call.
4401 0 If the question requires communication with the local operations team (such as, missed pick-up or
4402 container exchange), the agent can instantly connect with the local operations team through our
4403 national network.
4404 0 Often, the customer's concern is handled by the time s/he hangs up the phone. For those issues
4405 requiring operations support the issue will be addressed in the most -timely manner.
4406 0 Customers have the option to leave a recorded message or speak to a Supervisor if they choose
4407
4408 Servicing the Southwest area are 174 dedicated agents with a 17 -second average speed of answering
4409 time.
4410
4411 Whenever a new contract is awarded to Republic, local CSRs receive extensive training and receiving
4412 written directives on contract distinctions. Again, Republic customer service metrics are tracked
4413 internally.
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4414
Santa 12949
Fe Telegraph
Springs Road
Center Santa Fe
Springs,
California
90670
4415
4416 Additional support and oversight is located at Republic's office in Santa Fe Springs which includes our
4417 Data Entry and Payment Collections Department.
4418
4419 Customer Service Training and Monitoring
4420 Republic has developed comprehensive customer service training that has been specifically tailored to
4421 the Southern California market and even further tailored to individual communities where Republic
4422 provides service.
4423
4424 There are two primary components to this training:
4425 1) training schedule.
4426 2) accompanying materials and resources.
4427
4428 As indicated earlier, before new CSRs are allowed to handle phone calls on their own, they undergo an
4429 extensive training course that orients them to the general business, to the specific services Republic
4430 provides, and to their roles and responsibilities in meeting Republic's commitments to Rosemead and
4431 its customers.
4432
4433 The training program includes in-depth training modules such as:
4434 Building Strong Customer Relationships
4435 Customer Service Via Phone and E-mail
4436 Excellence in Technical Customer Service.
4437
4438 Each module contains several components. Additionally, as indicated previously, all CSRs are
4439 monitored for their call quality, where calls are recorded, evaluated, and reviewed with management.
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During the review, Supervisors coach employees on soft skills including courtesy, how to be more pro-
active, and one -call resolution.
This strong training foundation is pivotal to Republic's local success at achieving above-average call
response and call waiting metrics.
All Customer Service staff also receive quality -based performance reviews and ongoing training in the
most advanced customer service techniques. Interactive training tools and resources for Customer
Service Managers are located on Republic's internal website.
4. Payment Programs
Republic's online bill pay feature allows customers to view
their Republic Services invoice, view their online payment
details, schedule future payments, and sign up for Republic's
automatic payment service. When customers register for
online billing, they will be prompted to create a user ID and
password. If they choose this option account information will
be securely stored in their profile for future use. One-time
payment is a quick way for customers to pay their bills online.
"One -Time Payment" does not require a user ID or password
and we will not store payment account information. If
customers provide their email address, it will keep it with the
customer's payment record, so the company can send an
electronic payment confirmation and contact the customer if
there is a problem with payment.
Web Portal/Mobile Application
Rosemead commercial and multi -family customers will have
use of the Republic Services app. This is a self-service tool
for Republic customers, that also features an easy way to pay
bills. Republic Services app provides enhanced customer
service, allowing Republic customers to focus on tasks they
deem to be of higher value.
This exciting tool gives customers instant access to:
• Manage their account.
• View invoices.
• Pay bills.
• Request services, increase/decrease service, or exchange containers.
• Get assistance.
The Republic Services app empowers customers to manage their own accounts in general as well. New
data shows that within a few years nearly 70 percent of all people in the U.S. will be online. As that
number grows demand for web -based resources will grow.
Website
All Republic customers can easily find their local web page by logging onto www.republicservices.com.
A landing page for Rosemead will be developed based on contract requirements. A direct link to the
Rosemead website will be provided in education and outreach materials. Republic's website not only
contains comprehensive service information, but there are also educational resources for teachers and
students, as well as environmental and sustainability information.
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DRAFT AGREEMENT.V1 Page 133 of 185
RIV #4862-7000-7618 v1
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Exhibit 8
Collection Service Operations Plan
Republic Services' continued growth and extensive experience in collection programs, processing and
diversion have situated the company in a position to ensure that necessary resources will be available
during the transition period and contract term.
1. Vehicles
No newly purchased collection vehicles are on order to service the City in preparation for a contract
award, as Republic currently possesses all necessary vehicles to service the City of Rosemead and its
customers. Republic will utilize uniquely numbered, new model year vehicles with a useful life
expectancy of fifteen (15) years. This will include:
Quantity
Type
I Model
I Year
I Useful Life
1
Rolloff
AUTOCAR
2016
8
8
FL
PETERBILT
2017-2018
9
4
ASL
IASL
JAUTOCAR
2016-2017
8
2
2403
JAUTOCAR
2021
13
al Automated Collection Vehicles
Truck #
Type
Year
Fuel
Vin
Lic
Make/Model
2400
ASL
2016
CNG
3BPDX20X9JF174318
36101 J2
AUTOCAR
2401
ASL
2017
CNG
3BPD520X0JF174319
36102J2
AUTOCAR
2403
ASL
2017
CNG
3BPDX20X9JF174321
36104J2
AUTOCAR
2404
ASL
2017
CNG
3BPDX20XOJF174322
36105J2
AUTOCAR
2999
ASL
2021
CNG
3BPDL20X1 MF1 10869
33746J3
AUTOCAR
2998
ASL
2021
CNG
I 3BPDL20XXMF110868
98130F3
AUTOCAR
h1 (:nmmerrlal Cnllertinn Vahirlpc
Truck #
Type
Year
Fuel
Vin
Lic
Make/Model
8690
FL
2018
CNG
3BPDX20X9JF161262
37288J2
PETERBILT
8537
FL
2018
CNG
3BPDX20X8JF160717
88024G2
PETERBILT
8691
FL
2017
CNG
3BPDX20X5JF161260
88795G2
PETERBILT
8695
FL
2018
CNG
3BPDX20X7JF160708
88019G2
PETERBILT
8694
FL
2018
CNG
3BPDX20X3JF160706
8802162
PETERBILT
8697
FL
2017
CNG
3BPDX20X7JF161261
60660K2
PETERBILT
8699
FL
2021
CNG
3BPDX20XOMF110768
99480G3
PETERBILT
8696
FL
2018
CNG
3BPDX20X5JF160707
8802262
PETERBILT
c) Other Vehicles
Industrial
Truck #
Type Year
Fuel
Vin 77Lic
Make/Model
1626
Roll Off 2016
CNG
5VCACLSF4GH221498
1 4402462 JAUTOCAR
DRAFT AGREEMENT.V1
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Page 134 of 185
4523
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d) Specialized Equipment
All Republic collection vehicles are equipped with the following items to assure both
public and employee safety during all on -route and off -route operations
• • ABS braking system
• • Rear vision camera
• • Back-up alarm
• • Battery disconnect
• • Safety triangles
• • Fire extinguisher
• • In -cab methane detection monitoring systems
• • Dual air horn
• • Prutsman 7 x 16" West Coast Mirrors
• • Dual convex safety mirror
• • Body hoist, arm, rear door warning alarms
• • Tag axles
• • Rear working strobe warning light
• • Right-hand turn safety equipment
The back-up cameras, LED lighting, back-up lights audible warning devices, and
yellow hazard lights are activated when the vehicle is forced to maneuver in safety
sensitive areas, ensuring the highest level of safety on public streets. In addition,
each vehicle is equipped with a broom, shovel, spill kit, and emergency equipment
to manage most incidents that may occur on -route.
e) Vehicle Specifications
Automated Side Loaders Front Loaders Roll -Off
FueiTypc Natural Gas
Chassic Peterbilt 520
Body: McNedus Zero Radius
ASL
Capacity: 27 CY
No. Axks:4
GVW: 57.500
DRAFT AGREEMENT.V1
RIV #4862-7000-7618 v1
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Fuel Type: Natural Gas
Chassis: Peterb-k 520
Body: Heil Half -Pack Od)ssey
FEL
CspaCAy:28 CY
No. Astec: 4
GVW: 57500
Fuel Type: Natural Gas
Chassis: Peterbilt 520
Body: Galbreth
Capacity: N!A
No. Axles: i
GVW: 5 :�O
Page 135 of 185
4550
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4588
4589
4590
4591
The requested vehicle specifications are identified below.
f) Reduction of Air Emissions and Wear & Tear on City Streets
New and consistently well-maintained CNG -powered collection vehicles greatly cut
emissions (and noise), and optimized routes reduce vehicle miles traveled and street
wear and tear. Republic has helped its equipment partners design vehicles to increase
carrying capacity, which minimizes trips to the transfer station—keeping vehicles on
route longer and again, reducing vehicle miles traveled.
g) Vehicle Technology
RNG Engines
All of Republic's frontline collection vehicles will feature renewable natural gas -powered
engines utilizing either Compressed Natural Gas (CNG) or Liquid Natural Gas (LNG).
For nearly a decade, Republic has provided these fuel types to all of its Southern
California divisions, to comply with SCAQMD Air Pollution Control District regulations.
Lightweight Body Design
Republic and Heil have been strategic partners for about 20 years and have designed a
lightweight front loader body allowing Republic to safely run ten -ton legal payloads
while still maintaining a durable platform and conforming to the Federal Bridge Weight
Standards. The project has been a huge success with over 1,000 Heil lightweight front
loaders running in the field.
Camera Technology
Republic's cab technology integrates with cameras to document service issues on
driver's phone. This technology is GIS/GPS-driven.
Service Verification
Through the use of Republic's Connect application, Republic driver and truck locations
are reported at regular time and distance intervals, providing the operations team with
the whereabouts and situational awareness of the fleet and all routes during the day.
Additionally, Republic utilizes geo-fencing capabilities, to set geographic boundaries for
routes, which trigger alerts when vehicles cross a defined geo-fence border. This
information assists operation team members in determining whether drivers are on
pace for on-time route completion, or whether additional support must be dispatched
due to unforeseen circumstances.
Vehicle Maintenance Program
DRAFT AGREEMENT.V1
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Page 136 of 185
Fuel
Size
# of
GVWR
Capacity
# of Collection
Type
Axles
Compartments
Side
CNG
4
57,500
27 CY
3
Loader
Side
CNG
4
57,500
27 CY
3
Loader
Front
CNG
4
57,500
28CY
3
Loader
Scout
CNG
1
N/A
Truck
Flat
CNG
3
51,500
N/A
4
Bed
f) Reduction of Air Emissions and Wear & Tear on City Streets
New and consistently well-maintained CNG -powered collection vehicles greatly cut
emissions (and noise), and optimized routes reduce vehicle miles traveled and street
wear and tear. Republic has helped its equipment partners design vehicles to increase
carrying capacity, which minimizes trips to the transfer station—keeping vehicles on
route longer and again, reducing vehicle miles traveled.
g) Vehicle Technology
RNG Engines
All of Republic's frontline collection vehicles will feature renewable natural gas -powered
engines utilizing either Compressed Natural Gas (CNG) or Liquid Natural Gas (LNG).
For nearly a decade, Republic has provided these fuel types to all of its Southern
California divisions, to comply with SCAQMD Air Pollution Control District regulations.
Lightweight Body Design
Republic and Heil have been strategic partners for about 20 years and have designed a
lightweight front loader body allowing Republic to safely run ten -ton legal payloads
while still maintaining a durable platform and conforming to the Federal Bridge Weight
Standards. The project has been a huge success with over 1,000 Heil lightweight front
loaders running in the field.
Camera Technology
Republic's cab technology integrates with cameras to document service issues on
driver's phone. This technology is GIS/GPS-driven.
Service Verification
Through the use of Republic's Connect application, Republic driver and truck locations
are reported at regular time and distance intervals, providing the operations team with
the whereabouts and situational awareness of the fleet and all routes during the day.
Additionally, Republic utilizes geo-fencing capabilities, to set geographic boundaries for
routes, which trigger alerts when vehicles cross a defined geo-fence border. This
information assists operation team members in determining whether drivers are on
pace for on-time route completion, or whether additional support must be dispatched
due to unforeseen circumstances.
Vehicle Maintenance Program
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4592
Republic's fleet of vehicles undergoes the most extensive preventive maintenance
4593
procedures in the industry, which leads to a safer, more efficient, and environmentally
4594
sound collection process. Company vehicles undergo rigorous preventive maintenance
4595
procedures and comprehensive pre- and post -trip inspections which exceed industry
4596
standards to ensure the highest level of performance and safety while on route and
4597
minimal downtime.
4598
These procedures, along with Republic's route optimization program and quick disposal
4599
turn -around, translates into fewer trucks and truck time on the streets, less air and
4600
noise pollution, less wear and tear on the infrastructure, less traffic congestion on
4601
public streets, and an enhanced level of safety in the community.
4602
4603
Republic has a well-established vehicle maintenance program that includes tracking
4604
and recording detailed maintenance history of every piece of rolling stock. The
4605
Company keeps accurate and detailed maintenance logs—available to City staff for
4606
inspection upon request—identifying each vehicle by identification number, date
4607
purchased, dates of routine maintenance, dates of any additional maintenance, as well
4608
as a description of the maintenance performed.
4609
4610
Engineering Design Partnerships
4611
Because Republic purchases over 750 collection vehicles each year, it has
4612
considerable design input with its vehicle manufacturers, which has yielded collection
4613
vehicles with optimized carrying capacity, significantly reducing emissions and vehicle
4614
miles traveled.
4615
4616
h) Vehicle Appearance
4617
Republic always maintains its solid waste and recycling collection fleet in clean
4618
condition and in excellent repair. All vehicle parts and systems are checked by
4619
maintenance staff according to Republic's established maintenance procedures and
4620
the manufacturer's recommended preventive maintenance schedule to ensure that the
4621
vehicles operate properly and safely.
4622
4623
Republic's route drivers are required to conduct pre- and post -trip vehicle inspections
4624
as part of the daily routine to assure all equipment is operable and safe before use. To
4625
maintain a professional brand, Republic adheres to strict standards relative to
4626
equipment color and signage. All collection vehicles are washed regularly at a wash
4627
station conforming to Best Management Practice guidelines for non -point source
4628
pollutants.
4629
4630
i) Vehicle Maintenance Program
4631
Republic's fleet of vehicles undergoes the most extensive preventive maintenance
4632
procedures in the industry, which leads to a safer, more efficient, and environmentally
4633
sound collection process. Company vehicles undergo rigorous preventive maintenance
4634
procedures and comprehensive pre- and post -trip inspections which exceed industry
4635
standards to ensure the highest level of performance and safety while on route and
4636
minimal downtime.
4637
4638
These procedures, along with Republic's route optimization program and quick disposal
4639
turn -around, translates into fewer trucks and truck time on the streets, less air and
4640
noise pollution, less wear and tear on the infrastructure, less traffic congestion on
4641
public streets, and an enhanced level of safety in the community.
DRAFT AGREEMENT.V1 Page 137 of 185
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Vehicle Appearance - To maintain a professional brand, Republic adheres to strict standards relative to
equipment color and signage
:10 -SK
4643
Republic has a well-established vehicle maintenance program that includes tracking
4644
and recording detailed maintenance history of every piece of rolling stock. The
4645
Company keeps accurate and detailed maintenance logs—available to City staff for
4646
inspection upon request—identifying each vehicle by identification number, date
4647
purchased, dates of routine maintenance, dates of any additional maintenance, as well
4648
as a description of the maintenance performed.
4649
4650
OneFleet. Our preventive maintenance system contains six pillars
4651
Operating pillars
1 Preventive
maintenance (PM)
2 Planning and
scheduling
3 workplace
organization
4 Repair quality and
training
5 Driver practices
6 Parts
management
DRAFT AGREEMENT.V1 Page 138 of 185
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4652
4653
4654
4655
4656
4657
4658
4659
4660
4661
4662
4663
4664
4665
4666
4667
4668
4669
4670
4671
4672
4673
4674
4675
4676
4677
4678
4679
4680
4681
4682
4683
4684
4685
4686
4687
4688
4689
4690
4691
4692
4693
One Fleet Initiative
Republic Services is dedicated to operating the best running, safest and most
environmentally friendly vehicles in the industry. This goal is achieved through a
coordinated vehicular operation maintenance system called OneFleet.
With standardized procedures and consistent execution, the OneFleet system improves
safety for the fleet, decreases repair downtime and improves customer satisfaction.
Vehicle Inspection Reports
Key to the preventive maintenance program is daily completion of vehicle inspection
reports. This is done by the collection vehicle's assigned driver and includes both a pre -
and post -trip inspection. Drivers check fluid levels, lights, tires, and other safety-related
areas of their truck and indicate on the inspection report any defects or deficiencies found
that day. Shop personnel review the report and check any items marked by the driver as
being questionable or problematic. Mechanics then make any needed repairs before the
vehicle returns to the route. Furthermore, each vehicle undergoes a thorough and
comprehensive preventive maintenance inspection (PMI) every 150 hours of service.
This inspection is conducted by a trained and certified brake inspector, according to
USDOT requirements.
The vehicle is inspected from the top to the bottom and the front to the rear including,
but not limited to tires, air pressure, brakes, air system, safety camera system, gauges,
engine, cooling system, hydraulic system, batteries, and general overall equipment
operation. The vehicle is thoroughly lubricated, and fluids sampled and changed if
required. If repairs are needed, all priority repairs are completed prior to the vehicle being
returned to service; repairs that can be are scheduled to be completed at the next
service. PMIS are set at different levels ranging from PMI -A to PMI -E. Each level
represents a more intense inspection and/or requires different fluid levels changed, e.g.
oil, hydraulic, coolant, differential, and so forth.
j) Vehicle Maintenance Schedule
2. Containers
a. Past Experience
Container Dimensions
Container
Height
Width
Depth
35 Gallon Cart
38.25"
23.75
19.75"
5 Gallon Cart
1.75"
31.50"
24.25
95 Gallon Cart
3.25"
35.50"
29.75"
1 Cubic Yard Bin
8"
24"
72"
11/2 Cubic Yard Bin
34.5"
29.5"
72"
2 Cubic Yard Bin
1.5"
34.5"
72"
3 Cubic Yard Bin50.5
1.5"
72"
Cubic Yard Bin
57"
50.5"
72"
Cubic Yard Bin
5'10
6'11
5'9
b. Sufficiency of Capacity
Republic will be utilizing its own network of expert container delivery employees to deploy all
containers, as it has similarly done in other local implementation projects. Republic utilizes its
customer management system, InfoPro for determining efficient and timely container
deployment. This application features:
A built-in geocoder for un -coded addresses.
DRAFT AGREEMENT.V1
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Page 139 of 185
4694
. The ability to re -sequence order of stops to accommodate traffic patterns and other
4695
impactful routing events.
4696
. The ability to add break points for restocking delivery trucks.
4697
• If a manual change is entered and results in the truck either exceeding container capacity
4698
or running out of containers too soon, all subsequent stops are flagged as having a
4699
capacity issue. Once all addresses being scheduled to receive containers are entered
4700
and geo-coded, a detailed delivery itinerary is subsequently created and tracked until
4701
completion.
4702
4703
c. Bin Enclosures and Limited Space
4704
Under Republic's primary approach, commercial bin customers will be broken down into two
4705
categories: a) commercial businesses and b) multi -family customers since these customer
4706
types have unique service and outreach requirements.
4707
4708
Each commercial and multi -family customer will receive a tailored site assessment to establish
4709
existing and revised services levels, container needs, and document any space restrictions or
4710
unique service requirements. These site visits and assessments will be repeated multiple times
4711
over the life of the agreement to drive customer satisfaction, education, and program
4712
participation in source separated collections. Since Rosemead commercial customers have
4713
historically elected to enroll in recycle and organics source separated programs, there are
4714
currently moderate participation rates for recycling and/or organics services. In the new
4715
contract, a successful source separate collection program is dependent on a mandatory
4716
requirement of program participation.
4717
4718
d. Container Appearance
4719
Republic takes pride in the appearance of its equipment. The condition of all containers is
4720
audited annually, on a rolling basis, and scheduled for replacement as needed.
4721
4722
1) Container Durability
4723
Residential Container Specifications
4724
4725
Durable and easy to move carts
4726
4727
Please see below information on carts from our selected trade partner, SCHAFER.
4728
We have included the technical specifications on the carts that will be delivered to all
4729
Rosemead residents and businesses below.
DRAFT AGREEMENT.V1 Page 140 of 185
RIV #4862-7000-7618 v1
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OUTSIDE DIMENSIONS
RUECTJON MOLDED MANYFACTUMNC
MANAGED ASSEMBLY i DISTRWJTJO/l
AND COMPRENENSME FLEET SERVICES
COLORS, MARKINGS, & OPTIONS
,l Vt IMYY Gf[[M O[Ra Gli[fa
tI10WN aRR ,w01M1 GRA• RK{
e>
- A..•.ra.-. v. ws .•d 95-.y,,•.v:.-..,y MANUFACTURING LOCATIONS
4730
4731
4732 2) Automated Carts
4733 Please see above information on carts from our selected trade partner, SCHAFER. We have
4734 included the technical specifications on the carts that will be delivered to all Rosemead
4735 residents and businesses above.
4736
4737 Residential compliance with existing and emergent regulations is gained logistically through a
4738 three -cart system and the distribution of new residential carts that are appropriately colored
4739 and labeled, as well as the continued inclusion of commingled food waste with yard waste in
4740 the green/organics cart.
4741
4742 Republic Services will continue to provide fully automated curbside collection service once per
4743 week to all customers of residential single-family properties on their current scheduled
4744 collection day. Each residential customer will receive a brand-new set of SB 1383 complaint
4745 carts by no later than August 1, 2023. Customers will also be able to select 35 -gallon or 64-
4746 gallon carts as per the draft Agreement to best accommodate their volume needs.
4747
DRAFT AGREEMENT.V1
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Page 141 of 185
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MANAGED ASSEMBLY i DISTRWJTJO/l
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COLORS, MARKINGS, & OPTIONS
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- A..•.ra.-. v. ws .•d 95-.y,,•.v:.-..,y MANUFACTURING LOCATIONS
4730
4731
4732 2) Automated Carts
4733 Please see above information on carts from our selected trade partner, SCHAFER. We have
4734 included the technical specifications on the carts that will be delivered to all Rosemead
4735 residents and businesses above.
4736
4737 Residential compliance with existing and emergent regulations is gained logistically through a
4738 three -cart system and the distribution of new residential carts that are appropriately colored
4739 and labeled, as well as the continued inclusion of commingled food waste with yard waste in
4740 the green/organics cart.
4741
4742 Republic Services will continue to provide fully automated curbside collection service once per
4743 week to all customers of residential single-family properties on their current scheduled
4744 collection day. Each residential customer will receive a brand-new set of SB 1383 complaint
4745 carts by no later than August 1, 2023. Customers will also be able to select 35 -gallon or 64-
4746 gallon carts as per the draft Agreement to best accommodate their volume needs.
4747
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4748
4749
4750
4751
4752
4753
4754
4755
4756
4757
4758
4759
4760
4761
4762
4763
4764
4765
4766
4767
4768
4769
4770
4771
4772
4773
4774
4775
4776
4777
The choice of 35-, 64- and 96 -gallon refuse cart options will be given to customers who request
reduced volume cart service and will be billed accordingly to the Proposed Rate Schedule
3) Commercial Bins
Commercial and Multi -Family Container Specifications
Republic Services will offer commercial and multi -family customers both cart and bin
(dumpster) services. Republic utilizes standard 10 -(heavy) gauge bins. Bins are placed on a
rotating system of refurbishment, so that the bin inventory is continually monitored, and repairs
and repainting completed as needed.
Cart and bin options /or Rosemead that are color compliant with SB 1383 requirements.
Republic anticipates servicing over 700 commercial bins and dumpsters of various sizes
within Rosemead on a weekly basis.
The current commercial and multi -family containers are currently SB 1383 color compliant.
However, Republic Services will continue to utilize the existing container by refurbishing and
painting them and, upon request from the customer or startup of new services, will provide
the customer with a refurbished or new SB 1383 compliant container.
e. Container Maintenance Program
Republic takes pride in the appearance of its equipment. The condition of all containers is
audited annually, on a rolling basis, and scheduled for replacement as needed.
Containers that require repairs or maintenance will be delivered to Republic's local container
repair facility in Long Beach. Container management services may include:
• Lid repair/replacement
• Wheel repair/replacement
• Welding of dent/rust spots
• Labeling, if necessary
• Sanitizing
DRAFT AGREEMENT.V1
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4778 • Graffiti removal
4779 • Repainting and refurbishment
4780
4781 When containers are retrieved for maintenance, repair, or cleaning, they are simply
4782 exchanged for a container of the identical type/size so that a container is always onsite for
4783 the customer.
4784
4785 All observed instances of a damaged and/or graffiti -ridden container will be exchanged within
4786 24 -hours upon driver notification or received customer request.
4787
4788 Flexible, Tailored Solutions
4789 Our dedicated team is available to consult with businesses and communities of any size to
4790 conduct a comprehensive on-site waste assessment to determine the needed services,
4791 collection frequencies, and dumpster sizes. During the assessment, we will identify dumpster
4792 locations and access paths that allow for safe, convenient service.
4793
4794 Right -sizing service levels can increase waste diversion, improve collection productivity, and
4795 lead to reduced costs for customers.
4796
4797 3. Route Operations
4798 Great operations come from great people. Republic Services' locally based operations team
4799 draws from extensive training and the backing of a seasoned corporate support team. The
4800 result is a 99.9% on-time service record, with an emphasis on safety, sustainable practices,
4801 and low-risk operations.
4802
4803 Operations Overview
4804 Successful collection operations begin with a skillful operations supervisor who knows the
4805 business as well as your community. Your Republic Services local operations manager is
4806 responsible for the day-to-day collection operations, including development and evaluation of
4807 routing (in conjunction with the general manager), training and oversight of drivers, and
4808 implementation and enforcement of safety procedures.
4809
4810 We ensure our operations supervisors are not overloaded, nor tied to a desk. On average, we
4811 maintain a 15:1 ratio of routes to supervisors, which means that items needing attention are
4812 dealt with immediately and that the supervisor knows your community intimately. In addition,
4813 our supervisors are out on the routes regularly. At least twice per week, they conduct a ride -
4814 along with drivers on their routes. This creates great opportunities for driver
4815
4816 a) Advantages to Collection Vehicles Chosen
4817 Since Republic collection vehicles are co -engineered with the manufacturers and are
4818 therefore, purposefully built, the vehicle uptime is improved making the collection to delivery
4819 cycle shorter.
4820
4821 Our collection arm types and hauling capacity ensure that all Rosemead routes operate
4822 efficiently, timely, and capable of collecting the most amount of material before unloading at a
4823 local transfer station.
4824
4825 b) Driver Responsibilities
4826 The driver activity sequence for automated cart collection is:
4827 • The driver arrives at the service address and checks the route sheet for any notes
4828 pertaining to that customer.
4829 • The driver checks for any possible obstructions to making the collection and checks
4830 mirrors and cameras as a safety precaution.
DRAFT AGREEMENT.V1 Page 143 of 185
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• The driver utilizes the controls to make the collection, then again, to return the cart to its
original position.
• After the cart is replaced, the driver checks the serviced area to ensure it is clear of any
litter.
• The driver continues to the next stop on the route sheet.
• Once the truck has reached capacity or the driver has concluded the route, the driver
drives directly to the approved transfer station where loads are checked before
transferring to a processing or disposal facility.
• For recycling and organic waste setouts, Republic drivers, supervisors, and/or the
Rosemead Compliance Monitor performs a periodic visual contamination check of the
cart contents.
Driver Activity Sequencing: Front Loader Commercial/Bin Collection
• The driver arrives at the service address and checks the route sheet for any notes
pertaining to that customer.
• The driver checks for any possible obstructions to making the collection, such as
overhead wires, and checks mirrors and cameras as a safety precaution.
• The driver dismounts the collection vehicle, if necessary, to unlock/open entrance or
enclosure gates.
• The driver unlocks the front loader bin, if locked, and opens the lid to perform a visual
check for hazardous/unpermitted wastes.
• The driver positions the truck or pushes/pulls the container to the truck such that the truck
forks are aligned to the bin pockets and ensures there is ample overhead clearance
empty to thecontainer. The driver then slowly drives forward to stab the container.
• The driver utilizes a control to lift, empty, and return the bin to its previous position.
During this process, the driver again checks the container contents, as they are being
emptied into the truck hopper, for hazardous/unpermitted wastes
• The driver dismounts the vehicle, if necessary, to return the container to its collection
point and locks the bin/enclosure gate if necessary.
• While out of the vehicle, the driver picks up and disposes of any litter that has fallen
during collection. If the driver encounters an enclosure or collection point that is
exceedingly/consistently messy due to overflow, the driver will call dispatch to place a call
to the manager asking for authorization to issue an extra dump. Should the manager
refuse, Republic will report the matter to the City for resolution, along with service
suggestions to remedy the situation long-term.
• Once the truck has reached capacity, or the driver has concluded the route, the driver
goes directly to the approved transfer station where loads are checked before transferring
to a processing or disposal facility.
c) Anticipated Driver Productivitv
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Page 144 of 185
Of
Vehicle
Total
On
Total # of
of
Passes
Route Operations
Of
of
of
Route
Route
Containers
Containersper
Crew
Trucks
Routes
Hours
Hours
Collected
Collected 1
Customer
Hour
per week
Residential Trash
3
3
3
12
11
10,890
70
3/day
Residential
4
4
4
12
11
10,890
70
3/day
Recycling
Residential
3
3
3
12
11
10,890
70
3/day
Organics
DRAFT AGREEMENTNII
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Page 144 of 185
4871
Commercial Trash
3
13
3
112
Ill
1851 1
TBD
13 /week
Commercial
Recycling
2
2
12
11
267
TBD
3/week
d) Operational Communications
Republic's Connect application, previously specified, also enable safe, two-way
communications between the dispatch team and drivers. Text messages or voice- recorded
messages may be sent between the dispatcher and each driver, which can be read or
retrieved when the vehicle is stopped at a customer pickup location. Additionally, drivers are
able to capture and attach photographic images for specific accounts to document issues,
obstructions, or other useful information that can then be shared with the City of Rosemead
or the customer. Captured field observations are then attached to customer account records
in the InfoPro database.
The pdvConnect devices also enable two-way communications between the dispatch team
and the drivers, in a safe manner. Text messages or voice recorded messages can be sent
between the dispatcher and each driver, which can be read or retrieved when the vehicle is
stopped at a customer.
Driver Connected Devices. Our drivers are equipped with Sonim XP5 rugged devices offering
GPS tracking and 2 -way communications.
e) Driver Contamination Monitoring
Please see Exhibit 10, Sustainability and Compliance Plan, for a fully outlined
contamination monitoring overview of activities and actions.
DRAFT AGREEMENT.V1
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Page 145 of 185
of
Of
Vehicle
Total
On
Total # of
Passes
of
# of
# of
Containers
Route Operations
Route
Route
Containers
per
Crew
Trucks
Routes
Collected /
Hours
Hours
Collected
Customer
Hour
per week
Commercial
1
1
1
12
11
221
TBD
2/week
Organics
Bulky Collection
1
1
1
12
11
N/A
N/A
N/A
Barrel/ Bin
2
2
2
12
11
N/A
N/A
N/A
Delivery
Scout Bin Route
1
1
1
12
11
70-80
Varies
Varies
d) Operational Communications
Republic's Connect application, previously specified, also enable safe, two-way
communications between the dispatch team and drivers. Text messages or voice- recorded
messages may be sent between the dispatcher and each driver, which can be read or
retrieved when the vehicle is stopped at a customer pickup location. Additionally, drivers are
able to capture and attach photographic images for specific accounts to document issues,
obstructions, or other useful information that can then be shared with the City of Rosemead
or the customer. Captured field observations are then attached to customer account records
in the InfoPro database.
The pdvConnect devices also enable two-way communications between the dispatch team
and the drivers, in a safe manner. Text messages or voice recorded messages can be sent
between the dispatcher and each driver, which can be read or retrieved when the vehicle is
stopped at a customer.
Driver Connected Devices. Our drivers are equipped with Sonim XP5 rugged devices offering
GPS tracking and 2 -way communications.
e) Driver Contamination Monitoring
Please see Exhibit 10, Sustainability and Compliance Plan, for a fully outlined
contamination monitoring overview of activities and actions.
DRAFT AGREEMENT.V1
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Page 145 of 185
4896
1) Audit Plan
4897
Rosemead and Republic Services are required to monitor containers to minimize prohibited
4898
cart contaminants. Monitoring requires annually auditing containers along every collection
4899
route to ensure all containers are correctly sorted.
4900
A high contamination level requires more processing and negatively affects the quality of
4901
the finished product. To achieve a sustainable organic recycling program and meet the
4902
law's monitoring requirement, Rosemead and Republic Services must work together to
4903
minimize contamination in every container. Rosemead and Republic Services are required
4904
to monitor containers to minimize prohibited cart contaminants.
4905
4906
Our proposed contamination minimization program will include:
4907
• Route Reviews: Carts randomly selected and physically inspected along each
4908
route, throughout each year.
4909
0 Waste Evaluations: once per year, as directed by the City, for each customer and
4910
commodity type.
4911
Notify Customers: Cart/bin "Oops," tags will inform customers of proper material
4912
separation and reason for non -collection.
4913
Contamination Fees: Contamination fees will be charged to all customers with
4914
contaminated carts/bins after the two initial observations and subsequent
4915
"warnings," per year to address the added costs to further process and dispose of
4916
the contaminated materials.
4917
4918
Upon Republic's observation of contaminated materials, a customer service representative
4919
or dispatcher will make contact with customer that same day. If returned service is
4920
requested by the customer within two business days, Republic will return and provide
4921
service the next business day.
4922
2) Route Maps
4923
Please see Attachment 1: Route Maps
4924
4925
3) Route Audit Team
4926
Republic will deploy its entire internal team of experienced recycling coordinators to assess
4927
each commercial1multi-family customer in Rosemead. This effort will commence
4928
immediately upon contract execution and will continue through the transition period and
4929
beyond the operations start date to ensure the level of personalized attention customers
4930
will need to engage with the program and set up all stakeholders for success.
4931
4932
4) Route Audit Team Training
4933
Ongoing, our dedicated recycling coordinator will interact daily with customers, drivers, and
4934
the Route Supervisors to facilitate movement toward greater customer participation.
4935
Regular monitoring and scheduled follow-up auditing will generate the necessary data to
4936
guide all ongoing activities.
4937
4938
5) Conducting the Audit
4939
To ensure that the City of Rosemead meets all state mandates and diversion targets,
4940
Republic will allocate one fulltime Compliance Monitor/Route Auditor solely dedicated to
4941
the City of Rosemead to work in conjunction with the two Recycling Coordinators. This new
4942
hire will be tasked with driving diversion initiatives, proper program enrollment/participation,
4943
route reviews and container audits, and on the ground education/outreach to residents and
4944
businesses alike. This new role will ensure that Rosemead receives the very best local
4945
customer service — at the comfort of each customer's own address.
4946
DRAFT AGREEMENT.V1 Page 146 of 185
RIV #4862-7000-7618 v1
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!6rti
4948
4949
4950
4951
4952
4953
4954
4955
4956
4957
4958
3) Facilities
It is our business to help you and your residents to be environmentally responsible in their
homes and workplaces. As you would expect, we strive to be exemplary in our own
environmental compliance and responsibility at our facilities.
a) Designated Facilities
Republic's corporate offices and hauling operations facilities used to service the
City are listed below:
Facility
Location
Distance to City Center
Hauling Operations
Bel -Art Transfer 2495 E 68th
10 miles
Material Recovery Facility -
St, Long Beach, CA 90805
10 Miles
Corporate Offices
Long Beach Hauling
10 miles
Material Recovery Facility -
2531 E. 67th St. Long Beach,
12 Miles
Recyclables
CA 90805
Transfer Station
East L.A. Transfer
7 miles
1512 N. Bonnie Beach Place
Los Angeles, CA 90063
Material Recovery Facility -
CVT Regional Materials
17 Miles
Recyclables
Facility 277 E. Gretta Lane,
Anaheim, CA 92806
Landfill - MSW
Sunshine Canyon Landfill
35 Miles
14747 San Fernando Road,
Sylmar, Sunshine LF (in Los
Angeles County), CA 91342
Composting Facility -Green
Agromin Onatrio 8292 Edison
30 Miles
Waste & processed clean
Ave Ontario, CA 91762
food waste
Composting Facility —
Kochergen Farms
209 Miles
commingled green and food
Composting
waste
33915 Avenal Cutoff Rd,
Kettleman City, CA 93239
Composting Facility -
6061 North Wheeler Ridge
127 Miles
commingled green and food
Road, Lamont, CA 93241
waste
Construction and Demolition
AIS
11 Miles
5626 Cherry Ave, Long
Beach, CA 90805
Alternate Facilities Chart
Material Recovery Facility -
2808 S. Workman Mill Road,
6 Miles
Recyclables
Whittier, CA 90601
Material Recovery Facility -
1501 W. Gladstone Azusa, CA
10 Miles
Recyclables
91701
Material Recovery Facility -
9016 Norwalk Blvd Santa Fe
12 Miles
Recyclables
Springs, CA 90670
DRAFT AGREEMENT.V1
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Page 147 of 185
4959 Republic proposes delivering solid waste, commingled recyclables, and organics
4960 to the facilities listed below.
4961
Commodity
Disposal
Facility Owner
Location
Distance
Facility
Capacity
Recyclables CVT
to City
Solid
Landfill MSW
Republic
14747 San
35 miles
Waste/Residue
Organic Waste
Services
Fernando
Kochergen Farms
Composting Facility —
Estimated 85 — 95%
Road, Sylmar
Composting, Inc.
CA 91342
Composting Facility
Recyclables
Material
Republic
277 E. Gretta
17 miles
Recovery
Services
Lane, Anaheim,
Valley Organics,
Facility
above
CA 92806
South Organic Waste
Green Waste
Composting
Co -owned by
Agromin
30 Miles
& processed
Facility
Republic
Onatrio 8292
N/A
clean food
MSW
Services and
Edison Ave
waste
Construction and
Agromin
Ontario, CA
Demolition
91762
Construction and
— commingled
Composting
Kochergen
33915 Avenal
209
green and food
Facility —
Farms
Cutoff Rd,
Miles
waste
Transfer Station
Composting,
Kettleman City,
Station
Inc
CA 93239
commingled
Composting
Recology
6061 North
127
green and food
Facility
Blossom Valley
Wheeler Ridge
Miles
waste
Organics,
Road, Lamont,
South
CA 93241
Construction
Construction
American
AIS
11 Miles
and Demolition
and Demolition
Industrial
5626 Cherry
Services (AIS
Ave, Long
Beach, CA
90805
4962
4963 b) Estimated Recovery Rates Net of Residue
Commodity
Disposal Facility
Recovery Rate
Permitted
Capacity
Recyclables CVT
Composting Facility
Estimated 60 -75%
6,000 tons
Regional
Organic Waste
Kochergen Farms
Composting Facility —
Estimated 85 — 95%
1,000 tons
Composting, Inc.
Organic Waste
Composting Facility
Estimated 80-90%
200 tons
Agromin-Ontario
Recology Blossom
80% and
Valley Organics,
Composting Facility
above
3,750 tons
South Organic Waste
Sunshine Canyon
Landfill
LandFill
N/A
9,000 tons
MSW
AIS
Construction and
65%+
175 tons
Demolition
CWS
Construction and
65%+
1,000 tons
Demolition
Bel -Art Transfer Station
Transfer Station
N/A
1,500 tons
East LA Transfer
Transfer Station
N/A
700 ns
Station
DRAFT AGREEMENT.V1 Page 148 of 185
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4965 c) Operational Limitations of Recycling and Organic Waste Processing
4966
4967 1) Organic Waste Processing
4968 2) Recyclable Material Processing
4969
4970 There are no expected nor anticipated operational limitations of recycling and organic waste
4971 processing services offered to the City of Rosemead.
4972
4973 d) How Recyclable Materials Will Be Marketed and Sold, Contingencies
4974 Republic's Materials Marketing Group (MMG) brings significant value to the City through the
4975 leveraging of the nearly five million tons of commodities Republic typically moves annually. MMG
4976 is a Republic Services corporate function, meaning that any/all tons processed through the
4977 Republic's facilities are marketed and sold through MMG. The MMG is headed by a Director
4978 overseeing three managers with responsibilities tied to each of Republic's three regions
4979 nationwide. Republic serves as their tons are part of a much larger pool of volume.
4980
4981 Republic has very strong relationships with both foreign and domestic markets and is able to
4982 move tons during market downturns as well as in up-cycles.
4983
4984 Each commodity end market is cyclical. As market pricing fluctuates, the MMG Manager will sell
4985 under individual contracts or purchase orders for one-time deliveries over a short period of time,
4986 or under longer term contracts with specific tonnage goals per time period, depending on the
4987 market forecast. MMG Managers and the Director are in daily communication with global end
4988 markets, understanding where pricing is at, and how it is trending. As pricing moves, so does
4989 overall demand, which can drive materials movement. MMG Managers are required to
4990 understand the complexities of materials marketing which can impact movement, such as
4991 steamship schedules, vessel space constraints, and container availability. Also, many factors
4992 vary seasonally. Material is sold on a bi-weekly or monthly basis, depending upon market
4993 conditions. Republic partners with only reputable end market partners, with whom Republic has
4994 been fostering relationships with for decades. These global partnerships allow Republic to
4995 maintain market premiums for material as well as consistent movement.
4996
4997 Republic leverages the millions of tons it manages each year on a global level, which is a
4998 tremendous advantage for each city
4999
5000 4. SafetV
5001 Safety is Republic Services' highest priority. We adhere to a strict policy of safety protocols with
5002 supporting infrastructure, where employees are trained to Think. Choose. Live.
5003
5004 Republic Services has an industry leading safety program that has been 39% better than the
5005 industry average for the past ten years, based on OSHA data. In addition, we have been
5006 recipients of 70% of industry Driver of the Year since 2009.
5007
5008 Republic Services maintains strict compliance with all applicable OSHA and Federal, State, and
5009 Local safety requirements while performing all work-related functions.
5010
5011 We recognize that a safe workforce is not simply a discussion with a new hire, but a dedicated
5012 plan to review, educate, and verify employee practices throughout their career.
5013
5014 b. Staffing Safety Requirements
5015 Please reference driver qualifications on the following pages.
5016
DRAFT AGREEMENT.V1 Page 149 of 185
RIV #4862-7000-7618 v1
DRAFT 5/2/2023
REPUBLIC
SERVICES
Driver Qualifications
Propose: Provide guidance on USDOT requirements for maintaining Driver
Qualification Files.
Regulatory USDOT 49 CFR 391, Qualifications of Driven; and
References: Applicable State Regulations
.Applies to: Hauling companies, transfer stations or other locations that employ
Commercial Motor Vehicle (CMV) driven.
Procedures: L DQF Contents -All CMV driven must have a Driver
Qualification File (DQF) which will be comprised of 3
separate files: Driver Qualification, Drug and Alcohol and
History File.
Procedures:
Contents of the Driver Qualification File:
• Driver's application for employment (permanent)
• Responses of state agencies to the inquiries and investigations
required to be made within 30 days of the driver's employment,
concerting the driver's driving record (MVR - Motor Vehicle
Report) for prior 3 years (maintain initial MVR and 3 years
from MVR nm date) Consult MVR Standard for any additional
requirements for driver's MVR
• Certificate of Road Test issued to the driver, or a copy of the
license or certificate (e.g., Commercial Driver's License) that
the motor carrier accepted as equivalent to the driver's road test
(permanent)
• Commercial Driver's License (copy, must be current)
• Medical examiner's certificate of the driver's medical
(physical) qualification to drive a motor vehicle or a legible
photographic copy ofthe certificate (must be completed every 2
years or as required by medical examurer) (Maintain 3 years
Som date of examination). The examination long form should
be maintained at the office of the medical examiner. If copies
of the long form are currently stored in the DQ file, they should
be removed and placed into the employee's HIPAA/Medical
file.
• Regional Federal HighwayAdministrator's letter granting a
waiver of certain (medical) physical disqualifications, if a
waiver was issued (maintain 3 years from date of waiver)
• Annual review of the driver's record to determine if the drive:
continues to meet minimum requirements for safe driving and is
5017 Page 1 of 3
DRAFT AGREEMENT.V1
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Page 150 of 185
REPUBLIC
SERVICES
Driver Qualifications
(cantinuea) not disquatifiedfrom driving (include name ofperson
perfotnung review and date) (maintain 3 years from date of
review)
• annual list or certificate relating to all slolations of motor
vehicle laws and ordinances (other than violations
involving only parking) of which the driver has been
convicted or on account of which the driver has forfeited bond
or collateral (maintain 3 years from date of certification)
• Single license certification in which the driver acknowledges
that they can only have one license at a time (permanent)
• Receipt of F-NICSRs. A copy of the signature page
documenting proof of receipt of the motor earner safety
regulations (permanent)
• A record of any other matter that relates to the driver's
qualifications or ability to drive a motor vehicle safely
• Meal Period Acknowledgement (permanent)
• Statement of On Duty Hours (required for all new hire or
rehire drivers)
Contents of Drug and Alcohol File:
• Drug and alcohol test results (pre-employment, random, post
accident, reasonable suspicion)
• Dog and alcohol chain of custody copies
• Acknowledgement of receipt of Drug and Alcohol Free
Workplace handbook
Contents of Driver History File
• All new employers must investigate and consider, at a
nummum a driver's employment verification information,
accident record, and drug and alcohol mforhation history.
• Information must be obtained from all DOT regulated
employers who employed the applicant in the past 3 years.
This information can be obtained by
1. Personal Interview
2. Telephone Interview
3. Letter or othermitten correspondence
• When requested DOT regulated employers must provide:
Procedures: 1. General driver information
(continued) 2. Employment verification information
5018 Page 2 of 3
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Page 151 of 185
REPUBLIC
SERVICES
Driver Qualifications
3. Information about accidents in which the driver may
have been involved
4. Whether the driver violated any of the DOT Alcohol
and Drug regulations
5. Whether the driver completed the substance abuse
rehabilitation program if required
• Any requests from other DOT regulated employers regarding
a driver's history as listed above
• FCRA Acknowledgement for authorization to complete
background investigations.
The approved Republic Services driver application and hiring
process most be followed when hiring new drivers and rehiring
drivers. This ensures mandatory DOT information has been received
where required, the required information is provided to driver
applicants, and the drivers sign specific consents necessary to
perform the safety performance check
Forms: • Required forms follow within this section
5818 Page 3 of 3
5021
5022
5023
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Page 152 of 185
5024 1) Training
5025 Republic Services has the lowest occurrence of incidents and crashes in the industry due to our
5026 company -wide emphasis on safety, extensive employee training and ongoing educational
5027 development programs. Republic Services requires all operations personnel to participate in
5028 extensive classroom training and testing, as well as, on -road auditing and policy reinforcement.
5029
5030 Republic Services offers full -spectrum safety initiatives and award-winning safety training
5031 programs to all employees. We are an industry leader in safety, and we are very proud of our
5032 safety track record.
5033 Republic Services provides weekly, monthly, and annual safety training for all our employees.
5034
5035 Safety topics are developed based on subject matter required under OSHA regulation. Republic
5036 Services prepares well-developed tailgate sessions, provides translators to engage all employees
5037 and encourages open discussion and participation.
5038
5039 Meeting topics may include:
5040 • Injury and illness prevention/safety rules
5041 a Back injury prevention
5042 0 Emergency response/fire safety
5043 0 Exposure control plan
5044 • Drug and alcohol program
5045 0 Personal protective equipment
5046 • Employee right -to -know
5047 0 Hearing conservation safety
5048 0 Lock out and tag out safety
5049 • Slips, trips, and falls
5050 Confined space entry
5051
5052 2) Personal Protective Equipment
5053 Republic Services is committed to providing the safest collection and disposal processes possible.
5054 We recognize that effective management of worker safety and health protection is a decisive factor
5055 in reducing the extent, severity, and cost of work-related injuries and illnesses.
5056 Eye, face, head, hand, and high visibility PPE is required to be worn when applicable.
5057
5058 5. Reporting
5059 Rosemead Enforcement
5060
5061 By January 1, 2022, Rosemead adopted an enforceable ordinance(s) to mandate organic waste
5062 generators, haulers, and other entities to comply with the law's requirements.
5063
5064 The law allows Rosemead to designate Republic Services as the responsible agent to fulfill
5065 several of its responsibilities under SB 1383. However, Rosemead cannot delegate its authority to
5066 Republic Services for the imposing of civil penalties to non-compliant generators.
5067
5068 In addition to an ordinance mandating organic collection programs, Rosemead must adopt
5069 additional ordinances. One requiring compliance with specific provisions of the California Green
5070 Building Standards Code (CalGreen), and another that requires compliance with the Model Water
5071 Efficient Landscape Ordinance as outlined in the California Code of Regulations.
5072
5073 Starting on January 1, 2024, Rosemead is required to take enforcement action for any generator
5074 not in compliance with the law. However, the new Agreement will require all customers to
5075 participate in the source separated 3 -container collection program upon contract commencement.
5076 Republic Services will conduct compliance and route reviews concurrently with the contamination
5077 minimization program and will report any non-compliant generator to Rosemead. Rosemead will
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5078
ultimately be responsible for subsequent enforcement actions by way of direct customer
5079
outreach, site visits, and fines. Again, Republic also requests that mandatory recycling services
5080
be added to the enforceable mechanisms established by way of the City's SB 1383 required
5081
ordinance
5082
5083
a. Detailed monitoring and reporting
5084
Tracking and reporting are required on all aspects of the law by Rosemead and Republic
5085
Services. If there is a requirement affiliated with SB 1383, the City must report on it. Through
5086
coordination with Rosemead staff, Republic Services will develop methodologies to track and
5087
report on all aspects of the law. Our goal is to provide Rosemead with all required data in a
5088
manner that makes reporting to CalRecycle effortless.
5089
5090
In addition to Republic's use of the "Recyclist," reporting software, we also have a full-time local
5091
City Reporting department. Our City Reporting team is tasked with compiling and submitting all
5092
reports required by our contracts including monthly reports, annual tonnage reports, customer
5093
complaint logs, etc.
5094
5095
By October 1, 2022, and August 1 annually thereafter, Rosemead will be required to submit an
5096
annual SB 1383 compliance report. Republic Services will support your City by providing the data
5097
needed for submitting the annual compliance report.
5098
5099
Rosemead is required to report on the following:
5100
Organic Collection Services
5101
• Contamination Minimization
5102
0 Waivers
5103
0 Education and Outreach
5104
Edible Food Recovery Program
5105
• Recycled Organic Waste Procurement
5106
Commercial Edible Food Generators
5107
Inspection & Enforcement
5108
5109
Technical Assistance
5110
Republic will engage our team of recycling coordinators to conduct onsite opportunity
5111
assessments with every commercial customer in Rosemead. These visits will begin upon contract
5112
commencement and ongoing through the contract term.
5113
5114
Reporting is critical to prove compliance efforts with existing and emergent regulations. Republic
5115
Services not only has a dedicated and fully staffed City Reporting Department, but also partners
5116
with "Recyclist Program Management," to prove complete automated reporting that ensures
5117
compliance with SB 1383. Republic Services primarily handles the materials it collects all the way
5118
to its final disposal location. As a result, the City can be assured of data reconciliation. Republic
5119
Services' general reporting package is generated through a suite of applications that it is proven
5120
to accurately track all data needed for reporting requirements.
5121
5122
The chart on the following page represents our data captures for necessary reporting required of
5123
the City. All reports can be transmitted electronically to the City's representative on a mutually
5124
agreed upon schedule.
5125
5126
Republic uses Salesforce to track recycling coordinator activities and Recyclist Data Management
5127
to track waste composition. Salesforce provides clear transparency to our management making
5128
sure our Coordinators are in the field performing waste assessments and seeing to our
5129
customer's needs. Our drivers and trucks are equipped with technology that will provide pictures
5130
of any issues directly to our Coordinators and Dispatch. This technology allows us to
5131
communicate visually with our customers to address any issues and validate services.
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5132
Republic will not only educate customers through site visits on contaminations but explain
5133
services level options to reduce these concerns. Our education and outreach have proven
5134
successful across the Counties we serve. Once implementation activities have concluded,
5135
Republic's dedicated recycling coordinators will provide personalized outreach and monitoring
5136
throughout the term of the Agreement.
5137
5138
Annual Reporting (EAR)
5139
On an annual basis, jurisdictions submit a report which describes the progress a jurisdiction has
5140
made in achieving the requirements of the Integrated Waste Management Act, (AB 939) and the
5141
Per Capita Disposal Measurement. The annual report includes the numbers used to calculate a
5142
per capita disposal rate plus all required supporting documentation and attachment of any
5143
required documentation to support changes to those numbers. It also includes a status report on
5144
planned and implemented solid waste diversion programs and facilities, as well as planned or
5145
implemented revisions to approved solid waste planning documents. Republic Services will utilize
5146
Mariposa Eco Consulting, Inc. to prepare and submit the annual report for the City of Rosemead
5147
before CalRecycle's deadline.
5148
5149
b. Method Used to Track Tonnage
5150
Trux
5151 TRUX Weigh -IT is the industry standard software for ticketing, billing, materials management, and
5152 accounts receivable processing in the waste industry. Designed specifically for landfills, transfer
5153 stations, and recycling facilities. Weigh -IT is a Windows-based application which uses the .NET
5154 platform and Microsoft SQL service technology to organize and securely store data. Weigh -IT is
5155 scalable and capable of handling operations and billing processes for any size company, from
5156 single -site facilities to multiple scale locations with centralized reporting. Scale ticket entry has
5157 been optimized to be as quick and efficient as possible, allowing scale operators to process loads
5158 quickly.
5159 c. Process for Reporting Complaints
5160 Protocols for Receiving Customer Calls and Processing Requests
5161 When fielding a customer request, CSRs immediately access the customer's account information
5162 in Republic's customer management system, InfoPro. Republic owns the InfoPro application and
5163 continues to invest in it. When a new technology must be integrated, Republic's IT team makes
5164 the necessary modifications. CSRs can access all pertinent customer information through
5165 InfoPro, including service address, pick-up day, rate, service level, and a complete history of
5166 service requests and resolutions.
5167 0 After determining customer need, CSRs input all required information into the customer's
5168 permanent file history and, if necessary, generate an on-line automated work order.
5169 • If the inquiry is simply for information or clarification about Republic programs, the CSR will
5170 answer the question and close the file.
5171 0 If the request requires action on the part of Republic, a work order will be generated for the
5172 appropriate department address, end the telephone call, and produce an online work order
5173 in InfoPro, which must be closed out within two days.
5174
5175 When customers contact Republic through the My Resource web portal or mobile application, the
5176 process is automated, and information is immediately and directly sent to the proper department
5177 for prompt handling.
5178
5179 Each time a customer contacts Republic, inquiries and concerns are entered into InfoPro,
5180 including date, time, customer name, address, and the nature, date and manner of the resolution
5181 is also logged and pushed out to drivers and Supervisors. Dispatch monitors all work orders
5182 requiring driver action. Upon receipt of a work order requiring same-day completion, a special
5183 alert is generated, and the appropriate driver is instructed as to what is needed to complete the
5184 order. In addition, each driver verbally contacts dispatch prior to completion of their assigned
5185 route to ensure all outstanding requests are fulfilled prior to returning to the operations base.
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5186
5187
5188
5189
5190
5191
5192
5193
5194
5195
5196
5197
5198
5199
5200
5201
5202
5203
5204
5205
5206
5207
5208
5209
5210
5211
5212
5213
Republic Route Supervisors spend the majority of their time working in their assigned area(s),
which enables them to meet drivers at the customer location to ensure quick, permanent
resolution. Drivers document completion of all same-day service orders in the system.
Expedient handling of customer requests occurs per the process flow chart located on the
following page, with relevant narrative below. Common customer requests and concerns are
tracked and reported by Republic business unit company -wide, which has resulted in an
exceedingly high level of customer service.
Missed Pick -Ups, Late Sellouts, Spills, and Litter
When a missed collection is reported—whether a miss occurred or not, Republic's operations
team takes it seriously and responds immediately as if every incident is actual. The Route
Supervisor completes a root cause analysis on each miss and addresses it with the driver.
Together they drill down on the incident to permanently resolve issue or the conditions that
created it. The final step is to call the customer and apologize for the error and gather customer
feedback. This ensures a cycle of continuous improvement. The general procedure for
addressing all customer service inquiries and concerns is:
• Process a work order for a missed pick-up, late set out, or spills and litter resulting from
collection.
• Republic's CSR will notify dispatch with specific information regarding the work order. This
information, also communicated to the route supervisor, is maintained as an open work
order until the task has been completed.
Customer Interaction flow chart below, maps Republic's general response to common
customer inquiries.
Customer Interaction
FH� REPUBLIC
l � SEFV/Cf5
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Page 156 of 185
7.
5214
7. Scavenging
5215
Spot Checks
5216
Because of the nature of the collection services being bid, Republic will perform ongoing spot
5217
checks as it collects from its regular schedule and illegally dumped waste materials in the service
5218
area during its monthly citywide sweep. Republic will additionally utilize its newly assigned
5219
recycling coordinator/route auditor to aid our drivers in their ability to screen for these unpermitted
5220
materials at the set -out site of container.
5221
5222
Unpermitted Waste and Spill Response Plan
5223
If any unpermitted waste or hazardous waste is disposed within the solid waste stream, immediate
5224
and appropriate action will be taken to contain and remove it. Operations personnel are trained
5225
both in unpermitted/hazardous waste identification and appropriate responses to
5226
unpermitted/hazardous waste incidents. Periodic training is provided and recorded to ensure skill
5227
proficiency. The following procedure is used for identifying and handling unpermitted/hazardous
5228
waste:
5229
5230
Notification of unpermitted/hazardous waste disposed of in the waste stream will Spot Checks
5231
5232
Because of the nature of the collection services being bid, Republic will perform ongoing spot
5233
checks as it collects from its regular schedule and illegally dumped waste materials in the service
5234
area during its monthly citywide sweep. Republic will additionally utilize its newly assigned
5235
recycling coordinator/route auditor to aid our drivers in their ability to screen for these unpermitted
5236
materials at the set -out site of container.
5237
5238
Unpermitted Waste and Spill Response Plan
5239
If any unpermitted waste or hazardous waste is disposed within the solid waste stream,
5240
immediate and appropriate action will be taken to contain and remove it. Operations
5241
personnel are trained both in unpermitted/hazardous waste identification and appropriate
5242
responses to unpermitted/hazardous waste incidents. Periodic training is provided and
5243
recorded to ensure skill proficiency. The following procedure is used for identifying and
5244
handling unpermitted/hazardous waste:
5245
• Dispatch will notify field supervisor and management for determination of appropriate
5246
response level.
5247
• Coordinating instructions will be issued and executed.
5248
• Trained personnel will be assigned the task of inspecting any materials suspected of
5249
containing unpermitted/hazardous waste. Inspection involves identification of both labeled
5250
and unlabeled unpermitted/hazardous waste containers and materials.
5251
• An appropriate course of action/customer education based on the seriousness of the waste
5252
involved will be decided upon and taken.
5253
• Should the driver determine, without any question or doubt, that the unpermitted waste is
5254
not hazardous, the following procedure is used:
5255
• The unpermitted/nonhazardous item will be removed, placed safely back onto the
5256
premises, and tagged with a non -collection notice indicating the reason for non -collection.
5257
• The driver will immediately call the dispatch center and report the incident, including street
5258
address and time item was detected.
5259
Dispatch relays this information to customer service.
5260
A customer service representative will phone the customer to inform them of the event, why
5261
the item was left, direct them to proper alternatives for reuse or disposal of the item, and
5262
respond to any questions the customer may have.
5263
5264
In addition, since Republic utilizes company-owned transfer stations and landfill facilities for the
5265
disposition of material collected on route, the Company has a built-in multi -tier screening process,
5266
wherein unpermitted waste that may inadvertently enter the waste stream can be captured and
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5267 recovered through the mandatory load -check and materials screening processes at these
5268 facilities.
5269
5270 Labeling
5271 Republic will place labels on all containers clearly displaying our company name, phone number,
5272 website, and contents for which the container is designated. The labels will also clearly display a
5273 warning that the disposal of unpermitted wastes is prohibited. The label will also list what are
5274 acceptable and not acceptable contents for each container type. A separate label will be affixed
5275 prohibiting any scavenging activities.
5276
5277 Should active scavenging be observed by any member of Republic's team, these activities will be
5278 notified to the dedicated dispatch team members and forwarded along to Republic management
5279 so that it may be documented and shared with City staff.
5280
5281
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5282
5283
5284
5285
5286
5287
5288
5289
5290
5291
5292
Exhibit 9
City -Approved Processing and Disposal Facilities
The City has approved the following Disposal Facilities, Organic Waste Processing Facilities, Material
Recycling Facilities, and Transfer Stations to manage the specified services and otherwise assist the
Contractor in the performance of the requirements of the Agreement. The Maximum Services Rates in
Exhibit 1 assume all material is delivered to the approved facility. Any City -directed changes to any other
non -approved facility will be considered a City -directed change in accordance with Section 30.01. The
capabilities and capacities of such facilities may change during the term of this Agreement, as such City
reserves the right to redirect materials to alternate facilities in accordance with any such changes.
Disposal Facilitv
Approved City Facilities
SWIS
Site Name
County
Enforcement Agency
Number
(LEA/EA)
19 -AA -2000
Sunshine Canyon Landfill
Los Angeles
Sunshine Canyon
Landfill Jurisdiction
5293 Transfer and Processing Facilities
Approved City Facilities
SWIS
Site Name
County
Enforcement Agency
Number
(LEA/EA)
19 -AA -0845
East Los Angeles Recycling and Transfer
Los Angeles
County of Los Angeles
Department of Public
Health
19 -AK -0001
Bel -Art Transfer Station
Los Angeles
County of Los Angeles
Department of Public
Health
30 -AB -0335
CVT Regional Material Recovery and TS
Orange
County of Orange
Health Care Agency,
Environmental Health
Division
36 -AA -0505
Agromin Ontario Green Material Compost
San Bernardino
County of San Bernardino
Operation
Div. of Environmental
Health Services
16 -AA -0022
Kochergen Farms Composting
Kings
County of Kings
County Health
Department
15 -AA -0307
Recology Blossom Valley Organics- South
Kern
County of Kern
Environmental Health
Division
19 -AA -1125
American Industrial Services, Inc.
Los Angeles
County of Los Angeles
Department of Public
Health
19 -AA -1043
Puente Hills Materials Recovery Facility
Los Angeles
County of Los Angeles
DRAFT AGREEMENT.V1 Page 159 of 185
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5294
5295
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Page 160 of 185
Department of Public
Health
19 -AA -1127
Azusa Transfer and MRF
Los Angeles
County of Los Angeles
Department of Public
Health
19 -AA -1140
Universal Waste Systems, Inc. MRF and TS
Los Angeles
County of Los Angeles
Department of Public
Health
DRAFT AGREEMENT.V1
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Page 160 of 185
5296 Exhibit 10
5297 Sustainability and Compliance Plan
5298 1. The Approach to Programs and Facility Requirements
5299 a) Proposed Operating Procedures
5300 After contract award, Rosemead residential customers will receive all new carts which will
5301 be delivered by August 1, 2023. The details of this delivery can be determined further
5302 during discussions and planning efforts with the City. At the time of cart deployment, all
5303 residential carts will also be affixed with a SB 1383 compliant lid label. Since Rosemead
5304 carts are already SB 1383 color compliant, residents will receive a new recycle and/or
5305 organics cart in the same color as they currently have.
5306
5307 Under Republic's primary approach, commercial bin customers will be broken down into
5308 two categories: a) commercial businesses and b) multi -family customers since these
5309 customer types have unique service and outreach requirements.
5310
5311 Each commercial and multi -family customer will receive a tailored site assessment to
5312 establish existing and revised services levels, container needs, and document any space
5313 restrictions or unique service requirements. These site visits and assessments will be
5314 repeated multiple times over the life of the agreement to drive customer satisfaction,
5315 education, and program participation in source separated collections. Since Rosemead
5316 commercial customers have historically elected to enroll in recycle and organics source
5317 separated programs, there are currently moderate participation rates for recycling and/or
5318 organics services. In the new contract, a successful source separate collection program
5319 is dependent on a mandatory requirement of program participation.
5320
5321 Organics participation is already required through enforceable measures as a component
5322 of SB 1383 compliance. Combined, these requirements will ensure that Rosemead
5323 commercial customers are compliant with current state law and guarantee that diversion
5324 activities are upheld - helping to meet the City's per capita requirements. Should a
5325 customer qualify for a waiver from organics collection services, Republic will work with the
5326 City and the customer to identify, track, and modify service levels for these locations.
5327
5328 Multi -family customers will be assessed and enrolled in source separated collection
5329 programs first, followed by the commercial businesses. Given the detailed tasks and extra
5330 time required to effectively reach/communicate with commercial/multi-family customers,
5331 Republic will ideally complete this implementation within a six-month period—including all
5332 outreach as detailed in this proposal to create success and compliance.
5333
5334 As provided within the Facilities Section, Rosemead -generated materials will be direct -
5335 hauled to Republic's East Los Angeles and Bel -Art Transfer Stations, then transferred to
5336 CVT in Anaheim for processing, and residual waste will be disposed of at Republic's
5337 Sunshine Canyon Landfill. Commingled organics (green Waste and food waste) will be
5338 screened at CVT then transferred to one of Republic's multiple composting sites.
5339
5340 Residential Services
5341 As previously stated, Republic will implement a SB 1383 compliant three -cart source
5342 separated system. Residents will continue to be instructed, through the communication
5343 methods outlined later in this section, to deposit food waste commingled with yard waste
5344 into their green -colored organics carts.
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5345
Republic intends to continue servicing all single-family residential cart customers, all
5346
material streams using an automated side loader (ASL) truck and carts in specified/tailored
5347
sizes to each customer's needs.
5348
5349
Bulky Item Collection Services
5350
Republic will continue to provide bulky item collection services to its single- and multi -
5351
family, and commercial customers per the language provided in the draft Franchise
5352
Agreement. All single-family and multi -family (up to 4 -units) residential customers will be
5353
entitled to a combination of five (5) Bulky Items or up to ten (10) 32 -gallon bags, up to five
5354
(5) times per year. Multi -family customer (5 units or more) will be entitled to (6) Large Items
5355
or up to ten (10) 32 -gallon bags, up to five (5) times per year. Once a residential customer
5356
has utilized their allotted free pick-ups, a standalone rate per item will be issued for
5357
additional collections. Commercial business customers will also be entitled to on-call bulky -
5358
item.
5359
5360
Republic is committed to reuse and recycle of as much of this waste as is feasibly possible
5361
without significantly decreasing efficiency.
5362
5363
Republic has developed and will refresh specific instructions for bulky item setouts which
5364
will be included in its service guidelines. Customers will be instructed to refrain from placing
5365
household hazardous, or unpermitted wastes of any type, out for collection ensuring only
5366
permitted bulky items are collected. To maintain public safety, especially child safety,
5367
customers will be required to tape refrigerator and freezer doors tightly closed with duct
5368
tape.
5369
5370
Republic will maintain wish lists of local charities, and when a clean item in good working
5371
condition matching the need of a local charitable organization is found, the item will be
5372
offered to the organization prior to recycling.
5373
5374
All Bulky Item collections, whether for single-family, multi -family, or commercial customers
5375
will be made by appointment -only. When customers call Republic's customer resource
5376
center to schedule their pick-up, Republic's customer service representatives will inquire
5377
about the items the customer wishes to have removed from their premises and
5378
communicate all instructions/parameters at that time.
5379
5380
Republic will also provide free curbside household batteries and a -waste collection
5381
services.
5382
5383
Commercial/Bin Collection Services
5384
As stated previously, Republic's primary approach is a three -container system sure to gain
5385
compliance with SB 1383. Republic manages millions of tons of recoverable materials each
5386
year, nationwide. We have found that the cleanest materials move and command the best
5387
pricing even in the most severe commodity market downcycles—as seen for the past
5388
several years in the wake of China's enforcement of its "National Sword," initiative.
5389
5390
Commodity integrity requires source separation of materials—which is the driving force
5391
behind Republic's proposed three -container program for Rosemead.
5392
5393
From monthly to daily collections, and containers ranging from carts to dumpsters 1- to 6-
5394
yards in volume, Republic will continue to offer solid waste, recycling, and organic/food
5395
waste collection services with a variety of container sizes and service frequencies to meet
5396
any need the customer might have.
5397
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5398
Each collection vehicle is operated by a professionally and continuously trained driver.
5399
Vehicles are painted in a uniform manner, as depicted, featuring Republic's logo and
5400
company contact information.
5401
• All material streams—MSW, recycling, and organic/source separated food waste—will
5402
continue to be collected at least once weekly on a service schedule authorized by the
5403
business or MF complex owner/manager.
5404
• Republic will provide each customer with default commercial 96 -gallon recycling and
5405
35 -gallon organic waste collection service and capacity for all Rosemead
5406
commercial/dumpster service units.
5407
• Customers with greater volume and service needs for recycling and organics will
5408
receive right -sized tailoring by a Recycle Coordinator to meet their disposal needs.
5409
Such customers will be charged accordingly for these services above the default
5410
bundled rate.
5411
5412
City Facilities, Parks, & Events
5413
Republic will continue to provide free -of charge collections services to all designated City
5414
facilities and Parks owned and operated by the City of Rosemead. Rosemead city staff
5415
will work with Republic to determine the appropriate collection equipment sizes and
5416
frequency of these collections.
5417
5418
Additionally, as an enhancement, Republic will offer free -of -charge source separated
5419
collection services to all events hosted by the City of Rosemead.
5420
5421
Republic will also collect bulky, e -waste, and abandoned items that are picked -up and
5422
stored at the City's Public Works yard at least once per month upon City's request.
5423
5424
Industrial Recycling
5425
Republic Services excels at helping customers meet their sustainability needs, by
5426
identifying disposal locations that can recycle their materials, and by sharing best
5427
management practices for on-site commodity separation. Implementation of a successful
5428
separation program will both increase commodity values and decrease landfill -bound
5429
volumes.
5430
5431
Special Waste
5432
Republic Services' roll -off fleet is used to meet the special waste needs of our customers.
5433
We work with each customer to accurately characterize, and profile disposal needs prior
5434
to collection, and then collect and dispose of the waste in a manner that meets all regulatory
5435
requirements.
5436
5437
b) State Guidelines
5438
SB 1383
5439
Requires every municipal jurisdiction to provide organic waste collection services to all
5440
residents and businesses.
5441
This law requires jurisdictions to contract with their waste hauler, Republic Services, to
5442
collect organics, including food waste, and process it as a unique and separate material
5443
stream. The organics recycling system is not a one size fits all approach – so the program
5444
and solution for processing the material may vary by jurisdiction.
5445
5446
To meet full compliance with the law, Republic is committed to supplying Rosemead with
5447
the necessary tools (proper containers), resources (educational outreach, technical
5448
assistance and training) to its customers, monitoring performance activities, and all
5449
necessary reporting on a schedule and in a form acceptable to the City.
:'il.71;
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5451
To meet full compliance with the law, our commitment to Rosemead is simple. Republic
5452
will:
5453
• Provide all necessary equipment that is properly colored and labeled
5454
• Enroll every commercial/multi-family customer in a SB 1383 compliant 3 -container
5455
source separated collection program
5456
• Continue providing Rosemead residents with a commingled green and food waste
5457
collection service utilizing a green -colored cart they are already familiar with
5458
• Lead the City's efforts in compliance monitoring and reporting
5459 • Design and implement outreach initiatives to achieve full regulatory compliance
5460 • Assist Rosemead in the procurement of recycled organic material products
5461 • Assist Rosemead in establishing reputable food recovery efforts and help the city
5462 collect data from generators
5463
5464 SB 1383 is perhaps the most complex regulatory mandate to impact the solid waste
5465 industry since AB 939. In its simplest form, the law can be broken down into the following
5466 six requirements:
5467 • Collection of organic waste — source separated 3 -container collection system from all
5468 customer types
5469 • Monitoring for contamination and customer compliance
5470 • Enforcement and reporting
5471 • Establishing an edible food recovery program from food generating businesses
5472 • Ongoing education and outreach activities
5473 • Procurement of products generated from recycled organic waste
5474
5475 c) Think Local
5476 Please reference the local facilities included within Exhibit 9, the bulky item program
5477 included earlier in this section, and note use of the Rosemead Chamber of Commerce as
5478 a local customer service storefront/customer-facing office space. Republic will also
5479 maintain membership with the Rosemead Chamber of Commerce and promote a "green
5480 business ambassador recognition," program.
5481
5482 Republic will also utilize the services of local print and postage opportunities whenever
5483 possible and feasible.
5484
5485 d) Partnership: Standards Development and Education
5486 Waste Audit Team
5487 Republic will deploy its entire internal team of experienced recycling coordinators to assess
5488 each commercial/multi-family customer in Rosemead. This effort will commence
5489 immediately upon contract execution and will continue through the transition period and
5490 beyond the operations start date to ensure the level of personalized attention customers
5491 will need to engage with the program and set up all stakeholders for success.
5492
5493 Customer engagement and diversion objectives will be the ongoing focus of Republic's
5494 dedicated recycling coordinators who will be charged with spending approximately 80
5495 percent of their time in the field working with customers. This approach will assist the City
5496 in its move towards zero waste.
5497
5498 Significantly increasing recycling participation rates from program outset and improving
5499 them over the term of the Agreement through a focused understanding of the operations
5500 of prevalent business types to create internal programs that shape external results.
5501
DRAFT AGREEMENT.V1 Page 164 of 185
RIV #4862-7000-7618 v1
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5502 Service Delivery Teams
5503 Ongoing, our dedicated recycling coordinatorwill interact daily with customers, drivers, and
5504 the Route Supervisors to facilitate movement toward greater customer participation.
5505 Regular monitoring and scheduled follow-up auditing will generate the necessary data to
5506 guide all ongoing activities.
5507
5508 Priority of Outreach and Technical Assistance
5509 Republic will provide ongoing outreach and technical assistance based on the following
5510 scale of priorities, which will help direct the effort to increase recycling:
5511
5512
5513 1. Non-Recyclers
5514 Republic will always focus first on businesses that either reject, or do not utilize the
5515 recycling programs available to them.
5516
5517 2. Business Size
5518 Moderate to high volume generators will be targeted to ensure those customers optimize
5519 recycling early and throughout the Agreement term. Large businesses and key accounts
5520 are already identified in Republic's customer management system and will be continuously
5521 monitored because of their volume impacts.
5522
5523 3. Expansion Opportunities
5524 Republic will introduce new recycling opportunities for businesses with an already
5525 established level of recycling services. Additional opportunities may include identifying
5526 markets for atypical materials and establishing new collection programs.
5527
5528 Extended Producer Responsibility Diversion Program
5529 Republic will provide a minimum of two City-wide electronic waste, textile, carpet, and
5530 mattress collection drives on an annual basis. The dates and locations of these events will
5531 be determined in collaboration with the City of Rosemead.
5532
5533 2. Meeting Diversion Requirements
5534 The City of Rosemead seeks to fulfill its 50% per capita diversion mandate as required by
5535 CalRecycle and AB 939. Additionally, the city seeks advanced programs that will assist them
5536 getting closer to the State of California's 75% diversion goal.
5537
5538 Republic has carefully studied all the current data and effectiveness of its efforts to date to design
5539 the program moving forward. We have carefully selected the most effective programs, which we
5540 will keep and expand, and we have designed some new programs to implement. The good news
5541 is, due to Republic's incumbency, all our efforts can be placed 100 percent on the organics program
5542 expansion and new programs, rather than operational logistics and administrative set up. Being an
5543 active and engaged partner with Rosemead, all its businesses, personnel, and extended
5544 community, Republic understands how challenging meeting the city's goals can be. We are best
5545 suited having all of the equipment, systems, and personnel in place to continue to partner with the
5546 city in working towards their diversion goals.
5547
5548 Republic will reach milestones year by year of this contract. Although the City of Rosemead and
5549 Republic have implemented SB 1383 programs citywide, commercial participation has been
5550 voluntary and as such, not every customer has mandatory recycling and organics collection today.
5551 The same goes for multi -family and industrial customers. Moreover, residential organics collection
5552 has only been in effect since March 2022, and participation at the curb has been slow to increase.
5553 Additionally, with the onslaught of the pandemic, disposal volumes have been at an all-time high
5554 for the past 2+ years. As such, Republic proposes to establish a new baseline in contract Year 1
DRAFT AGREEMENT.V1 Page 165 of 185
RIV #4862-7000-7618 V1
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5555
5556
5557
5558
5559
5560
5561
5562
5563
5564
5565
5566
5567
5568
5569
5570
5571
5572
as a starting point for determining increases in diversion rates, against which to accurately measure
year over year progress.
3. Diversion Programs
Diversion Programs
Single
Family
Multi-
Family
Commercial
City
Services
Legislative Compliance
x
x
x
x
SB 1383 Education, Outreach, and Training
x
x
x
x
Variable Size Container
Collection
x
x
x
x
Source Separated Rec clables
x
x
x
x
Special Event Integrated Solid Waste Handling
Services
x
x
x
Source Separated Organics
x
x
x
x
Service Level Selection
x
x
x
x
Bulky Item Collection
x
x
x
Container Contamination Minimization
x
x
x
x
Holiday Tree Collection
x
x
Debris Box Collection
x
Construction & Demolition Processing
x
x
x
x
Compost Delivery and Give Away
x
x
x
Onsite Waste Consultation
x
x
x
Source Separated Green Waste
x
x
Source Separated Food Waste
x
x
Manure
N/A
N/A
N/A
N/A
Edible Food Recovery Assistance
x
x
Sharps Program
x
x
x
Clean -Up Das
x
x
x
Paper Shred -Events
x
x
x
Home Composting Units
x
Electronic Waste Textile, Carpet, & Mattress Events
x
x
x
City Sponsored Events
x
Litter Abatement
x
Code Enforcement Clean -Up
x
Illegal Dumping Clean -Up
x
City Park Service
x
Additional Programs as Required
x
x
x
x
4. Diversion Facilities
Disposal and processing facility capacity
Republic has guaranteed capacity to process all volumes from the City of Rosemead throughout
the term of the Agreement.
Republic guarantees capacity at the following company-owned/operated facilities:
Republic -Owned
Bel -Art Transfer Station
• MSW, Recycling, and Organics
• Capacity: 1,500 tons/day
DRAFT AGREEMENT.V1
RIV #4862-7000-7618 v1
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Page 166 of 185
5573
• East LA Transfer Station
5574
• MSW, Recycling, and Organics
5575
• Capacity: 700 tons/day
5576
• CVT— Materials Processing Facility
5577
0 Recycling and Food Waste -only
5578
• Capacity: 6,000 tons/day
5579
• Sunshine Canyon Landfill
5580
5581
MSW
5582
5583
Capacity: 9,000 tons/day
5584
Agromin-Ontario
5585
5586
Composting
5587
5588
Capacity: 200 tons/day
5589
5590
Third Party Agreements
5591
Through Republic's network of 3rd -party disposal facilities bound via contractual agreements,
5592
Republic also guarantees capacity for all of Rosemead's volume at the following sites:
5593
AIS
5594
5595
Construction & Demolition Waste
5596
5597
Capacity: 175 tons/day
5598
CWS
5599
5600
Construction & Demolition Waste
5601
5602
Capacity: 1,000 tons/day
5603
• Kochergen Farms
5604
5605
Commingled organics composting
5606
5607
Capacity: 1,000 tons/day
5608
0 Recology Blossom Valley Organics- South
DRAFT AGREEMENT.V1 Page 167 of 185
RIV #4862-7000-7618 vi
DRAFT 5/2/2023
M. ort
5610
Commingled organics composting
5611
2024
5612
Capacity: 3,750 tons/day
5613
2028
5614
5. Program Schedule
5615
2032
5616
Key:
5617
a M: Monthly
5618
0 Q: Quarterly
5619
. A: Annually
5620
0 0: Ongoing
5621
0 CS: Contract Start
5622
0 UR: Upon Request
Sector
Milestone
2023
2024
2025
2026
2027
2028
2029
2,030
2031
2032
Education & Outreach
CS,
Q, 0,
Q, 0,
, 0,
Q, 0,
, 0,
Q, 0,
Q, 0,
Q, 0,
Q, 0,
Q,0
UR
UR
UR
UR
UR
UR
UR
UR
UR
Route Reviews
A
Container Size
CS, 00,
0, UR
0, UR
0, UR
0, UR
0, UR
0, UR
0, UR
0, UR
Adjustments
UR
Residential &
Multi -Family
Record
M, Q,
M,
M, Q,
M, Q,
M, Q,
M, Q,
M, Q,
M, Q,
M, Q,
M, Q,
Keeping
A, UR
Q, A,
11 ID
A, UR
r, UR
r, UR
A, UR
r, UR
A, UR
, UR
r, UR
Enforcement Support
CS, 00
0
0
0
0
0
0
0
0
Diversion Programs
0
0
0
0
0
0
0
0
0
O
Education & Outreach
CS,
Q, O,
Q, 0,
Q, 0,
Q, 0,
Q, 0,
Q, 0,
Q, 0,
Q, 0,
Q, 0,
Q,O
UR
UR
UR
UR
UR
UR
UR
UR
UR
Route Reviews
A
Container Size
CS, 00,
0, UR
0, UR
0, UR
0, UR
0, UR
0, UR
0, UR
0, UR
Adjustments
UR
Commercial Business
CS, 0
0
0
0
0
0
0
0
0
0
Commercial
Requirements Education
(includes
mixed-use
Edible Food Recovery
0
0
0
0
0
0
0
0
0
0
service
recipients)
Assistance & Education
Enforcement Support
CS, 00
0
O
0
0
0
0
0
0
Record Keeping
M, Q,
M,
M, Q,
M, Q,
M, Q,
M, Q,
M, Q,
M, Q,
M, Q,
M, Q,
UR
Q, A,
A, UR
A, UR
A, UR
UR
A, UR
Diversion Programs
0
0
0
0
0
0
0
0
0
0
DRAFT AGREEMENT.V1 Page 168 of 185
RIV #4862-7000-7618 V1
DRAFT 5/2/2023
5623
5624
5625
5626
5627
5628
5629
Sector
Milestone
M, Q,
M,
M, Q,
M, Q,
M, Q,
M, Q,
M, Q,
M, Q,
M, Q,
M, Q,
Residential,
Reporting
UR
Q, A,
A, UR
A, UR
A, UR
A, UR
A, UR
A, UR
A, UR
A, UR
Multi -Family,
Diversion Rate
contract
UR
10%
Commercial,
Procurement
UR
UR
UR
UR
UR
UR
UR
UR
UR
UR
Industrial
Community Meetings
CS,
UR
UR
UR
UR
UR
UR
UR
UR
UR
UR
School Education 8
O,
O,
O, UR
O, UR
O, UR
O, UR
O, UR
O, UR
O, UR
O, UR
Outreach Programs
UR
UR
city
Services
Community Event
UR
O,
O, UR
O, UR
O, UR
O, UR
O, UR
O, UR
O, UR
O, UR
Participation
UR
Complaint Investigations
, UR
O,
O, UR
O, UR
O, UR
O, UR
O, UR
O, UR
O, UR
O, UR
UR
Additional Services
UR
UR
UR
UR
UR
UR
UR
UR
UR
UR
Program Evaluation &
O,
O,
O, UR
O, UR
O, UR
O, UR
O, UR
O, UR
O, UR
O, UR
djustment
UR
UR
5623
5624
5625
5626
5627
5628
5629
Sector
Milestone
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
Residential,
Franchised
N/A since
7—
5%
5%
5%
5%
5%
5%
5%
Multi -Family,
Diversion Rate
contract
Baseline
10%
Commercial,
Goal
commences
Year
Industrial
ESTIMATED*
August,
2023
*Percentages estimate the total increase in diversion volumes as compared to the 2024
baseline year of total tons collected.
6. Estimated Tonnages *ESTIMATED*
DRAFT AGREEMENT.V1
RN #4862-7000-7618 vt
DRAFT 5/2/2023
Page 169 of 185
5630
5631
5632
5633
5634
5635
5636
5637
5638
5639
5640
5641
5642
5643
5644
5645
5646
5647
5648
5649
5650
5651
5652
5653
"Estimates for 2028- 2033 indicate total tonnage and total diversion for each year within this timeframe
It is very important to note that the table below represents only estimates. Actual diversion
is contingent on many factors including program participation, volumes properly disposed
of incorrect containers, minimized contamination levels, adherence to educational
information, etc.
7. Contamination Minimization
Waste Characterization Audits
Republic will conduct statistically valid waste audits of Residential and Commercial Service
Recipients' waste once per year. These audits will include evaluations of recycling, garbage, and
organic waste. Collected results will be compiled and Republic will provide characterization data
to the City as part of its Annual Report (Outlined in Section 22.03 of the agreement). Material
types and guidance will follow CalRecycle requirements and/or recommendations.
Minimize Container Contamination
Rosemead and Republic Services are required to monitor containers to minimize prohibited cart
contaminants. Monitoring requires annually auditing containers along every collection route to
ensure all containers are correctly sorted.
A high contamination level requires more processing and negatively affects the quality of the
finished product. To achieve a sustainable organic recycling program and meet the law's
monitoring requirement, Rosemead and Republic Services must work together to minimize
DRAFT AGREEMENT.V1
RIV #4862-7000-7618 v1
DRAFT 5/2/2023
Page 170 of 185
Estimates of Annual Tonnage & Diversion Data
Commodity
Customer
Type
2023/2024
2025
2026
2027 2028
- 2033'
SFD
12,659
11,770
11182
10622
9879
Garbage/MSW
MFD
1,970
1723
1636
1555
1446
(Black Container
Commercial
12,218
11483
10909
10363
9638
Waste)
Industrial
4,023
3732
3545
3368
3132
Total
30,870
28,709
27,273
25,909
24,095
SFD
4,522
4,695
4,810
4,919
5,064
MFD
81
341
513
677
895
Recycling (Blue
Commercial
501
933
1220
1493
1856
Container Waste)
Industrial
106
106
106
106
106
Total
5,210
6,075
6,649
7,195
7,921
SFD
4,811
5,070
5,242
5,406
5,624
MFD
35
554
899
1226
1662
Organics (Green
Commercial
219
738
1083
1410
1846
Container Waste)
Industrial
16
16
16
16
16
Total
5,081
6,3781
7,240
8,0581
9,148
Industrial
130
130
130
130
130
C&D
Total
130
130
130
130
130
SFD
1696
1,758
1809
1859
1924
MFD
37
286
452
609
818
Residual
Commercial
231
535
737
929
1185
Industrial
32
32
32
32
32
Total
1996
2,611
3,030
3,429
3,959
Total Diversion
8,424
9,972
10,989
11,954
13,240
Total Disposal
32,866
31,320
30,303
29,338
28,054
"Estimates for 2028- 2033 indicate total tonnage and total diversion for each year within this timeframe
It is very important to note that the table below represents only estimates. Actual diversion
is contingent on many factors including program participation, volumes properly disposed
of incorrect containers, minimized contamination levels, adherence to educational
information, etc.
7. Contamination Minimization
Waste Characterization Audits
Republic will conduct statistically valid waste audits of Residential and Commercial Service
Recipients' waste once per year. These audits will include evaluations of recycling, garbage, and
organic waste. Collected results will be compiled and Republic will provide characterization data
to the City as part of its Annual Report (Outlined in Section 22.03 of the agreement). Material
types and guidance will follow CalRecycle requirements and/or recommendations.
Minimize Container Contamination
Rosemead and Republic Services are required to monitor containers to minimize prohibited cart
contaminants. Monitoring requires annually auditing containers along every collection route to
ensure all containers are correctly sorted.
A high contamination level requires more processing and negatively affects the quality of the
finished product. To achieve a sustainable organic recycling program and meet the law's
monitoring requirement, Rosemead and Republic Services must work together to minimize
DRAFT AGREEMENT.V1
RIV #4862-7000-7618 v1
DRAFT 5/2/2023
Page 170 of 185
5654
contamination in every container. Rosemead and Republic Services are required to monitor
5655
containers to minimize prohibited cart contaminants.
5656
5657
Our proposed contamination minimization program will include:
5658
• Route Reviews: Carts randomly selected and physically inspected along each route,
5659
throughout each year.
5660
0 Waste Evaluations: Once per year, as directed by the City, for each customer and
5661
commodity type.
5662
• Notify Customers: Cart/bin "Cops," tags will inform customers of proper material
5663
separation and reason for non -collection.
5664
• Contamination Fees: Contamination fees will be charged to all customers with
5665
contaminated carts/bins after the two initial observations and subsequent "warnings," per
5666
year to address the added costs to further process and dispose of the contaminated
5667
materials.
5668
5669
Upon Republic's observation of contaminated materials, a customer service representative or
5670
dispatcher will make contact with customer that same day. If returned service is requested by the
5671
customer within two business days, Republic will return and provide service the next business
5672
day.
5673
5674
Rosemead Enforcement
5675
By January 1, 2022, Rosemead adopted an enforceable ordinance(s) to mandate organic waste
5676
generators, haulers, and other entities to comply with the law's requirements.
5677
5678
The law allows Rosemead to designate Republic Services as the responsible agent to fulfill
5679
several of its responsibilities under SB 1383. However, Rosemead cannot delegate its authority to
5680
Republic Services for the imposing of civil penalties to non-compliant generators.
5681
5682
In addition to an ordinance mandating organic collection programs, Rosemead must adopt
5683
additional ordinances. One requiring compliance with specific provisions of the California Green
5684
Building Standards Code (CalGreen), and another that requires compliance with the Model Water
5685
Efficient Landscape Ordinance as outlined in the California Code of Regulations.
5686
5687
Starting on January 1, 2024, Rosemead is required to take enforcement action for any generator
5688
not in compliance with the law. However, the new Agreement will require all customers to
5689
participate in the source separated 3 -container collection program upon contract commencement.
5690
5691
Republic Services will conduct compliance and route reviews concurrently with the contamination
5692
minimization program and will report any non-compliant generator to Rosemead. Rosemead will
5693
ultimately be responsible for subsequent enforcement actions by way of direct customer
5694
outreach, site visits, and fines.
5695
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RIV #4862-7000-7618 v1
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wi
5697 8. Air Emission Reduction
5698 All of Republic's frontline collection vehicles will feature renewable natural gas -powered
5699 engines utilizing either Compressed Natural Gas (CNG) or Liquid Natural Gas (LNG). For
5700 nearly a decade, Republic has its Southern California divisions, to comply with SCAQMD Air
5701 Pollution Control District regulations.
5702
5703 Additionally, as previously cited, Republic is pioneering the deployment of electric collection
5704 vehicles beginning in 2022.
5705 • Sunshine Canyon Landfill:
5706 o Over 20,000 Oak Trees have been grown on-site. Over 7,500 of those trees have
5707 been planted on the ridges and in open space surrounding Sunshine Canyon
5708 Landfill.
5709 o The Oak Trees are donated to local parks, cities and community organizations.
5710 o Over 1,200 acres of land were donated for open space and parks.
5711 o A proactive and humanely managed bird control program is used at the Landfill.
5712 0 25,000 homes powered by renewable electricity generated by the landfill
5713 0 Over 950 gas wells harnessing landfill gas, the natural byproduct of decomposing
5714 waste, and converting it to energy. The use of landfill gas provides our economy
5715 with benefits, including reducing air pollution through the capture and use of
5716 methane.
5717 9. Reducing Wear and Tear on City Streets
5718 Republic's owned and operated, East Los Angeles and Bel -Art (Long Beach, CA) Transfer
5719 Stations are fully permitted and active "Large Volume Transfer Stations' that currently receive
5720 waste from the City of Rosemead. They are located within a few miles of Rosemead, thus
5721 significantly minimizing Vehicle Miles Traveled (VMT). The close proximity also ensures our
5722 trucks are able to unload at the transfer station and quickly return to routes in Rosemead
5723 throughout any given collection day.
5724
5725 Optimized Routes
5726 As indicated previously, Republic utilizes its own sophisticated routing software, Route Editor
5727 Plus, which it uses to create and optimize safe routes. Efficient routing cuts down on vehicle
5728 miles traveled and street wear and tear.
5729
5730 Traditionalrouting software tools may provide automated sequencing of stops with estimated
5731 straight-line distances between stops or use some form of generic vehicle routing
5732 programming techniques. A true route optimization tool, such as Route Editor adopts
5733 specifically tailored waste industry operations research computation technique as part of its
5734 core route optimization algorithm. This makes Republic's route optimization tool one of the
5735 most advanced waste collection route optimization software tools available. The route
5736 optimization algorithms are tailored for the waste collection industry to take into consideration
5737 waste collection constraints such as truck compaction ratios, landfill trips, maximum lifts,
5738 maximum yards, maximum weights, and vehicle approach.
5739
5740 Engineering Design Partnerships
5741 Because Republic purchases over 750 collection vehicles each year, it has considerable
5742 design input with its vehicle manufacturers, which has yielded collection vehicles with
5743 optimized carrying capacity, significantly reducing emissions and vehicle miles traveled.
5744 Since Republic collection vehicles are co -engineered with the manufacturers and are
5745 therefore, purposefully built, the vehicle uptime is improved making the collection to delivery
5746 cycle shorter.
5747
5748 Lightweight Body Design
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RIV #4862-7000-7618 v1
DRAFT 5/2/2023
5749 Republic and Heil have been strategic partners for about 20 years and have designed a
5750 lightweight front loader body allowing Republic to safely run ten -ton legal payloads while still
5751 maintaining a durable platform and conforming to the Federal Bridge Weight Standards. The
5752 project has been a huge success with over 1,000 Heil lightweight front loaders running in the
5753 field.
5754
5755 10. Environmental Stewardship
5756 0 9% reduction in Greenhouse Gas Emissions (GHG's) since 2017
5757 0 10% reduction goal in GHG's by 2025; 35% reduction goal in GHG's by 2030
5758 • First U.S. environmental services provider with an emissions reduction goal approved by
5759 the Science Based Targets initiative (SBTi)
5760 • Goal: Electrifying our collection fleet nationwide
5761 • Long Beach Hauling Division investing $300k in 2023 for EV infrastructure
5762 • 6 specialty disposal facilities for Hazardous Waste Secure Disposal
5763 • 87% of our landfill acreage is covered by gas collection systems and converted to
5764 renewable energy
5765 • In 2021, our 71 recycling facilities processed 5 million tons of materials, returning valuable
5766 cardboard, paper, plastics, metals and glass to the marketplace for reuse
5767 • 3 Commercial food waste preprocessing lines & 12 compost facilities
5768 • Bioremediation projects (treatment wetlands and phytoremediation) at 124 closed landfills
5769
5770 11. Use of Local Vendors
5771 Republic will continue to seek opportunities to use local purchasing opportunities for disposal,
5772 processing, equipment, outreach print and postage, marketing collateral, etc. whenever
5773 feasible and available.
5774
5775 12. Innovative "Green Approach"
5776 a. Electric Collection Vehicle Technology
5777 Republic Services is proud to lead the industry in the push to convert to an all -electric fleet.
5778
5779 We currently operate one of the largest vocational fleets in the country, with more than 16,000
5780 vehicles in operation daily. For this reason, we have set one of our sustainability goals to
5781 reduce our greenhouse gas emissions 35% by 2030. This is an aggressive target, which is
5782 backed by the Science Based Targets Initiative (SBTi) and is also in line with the Paris Climate
5783 Accord. One of the greatest opportunities of achieving this goal is to advance the state -of -the -
5784 art technology for electrification, to enable the conversion of our fleet.
5785
5786 Ongoing Pilot Programs
5787 In 2022, we have two pilot programs running on real routes. One in Hickory NC, and the other
5788 in Boise ID. Each of these locations is using a different platform manufacturer's truck, offering
5789 performance feedback to both teams.
5790
5791 Long -Term Plans
5792 Our long-term plans are aggressive, but achievable. As performance, infrastructure, route
5793 dynamics and economics mature for all routes in all geographies, we will implement electric
5794 trucks in our fleet as part of our planned replacement and obsolescence program. Before that
5795 time, we will continue to implement EV where economic incentives or a willingness to pay
5796 exist, as long as the performance and route dynamics are aligned.
5797
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5798 b. Innovative Facilities
5799 Of roughly 14 million tons of North American consumer packaging plastics that are generated
5800 every year, 10M tons are landfilled, and 2M tons are incinerated. Of the 2M tons that are
5801 recovered through modern recycling programs and centers, 1.7M tons are "downcycled," while
5802 only 0.3M tons (2%) can achieve circularity.
5803 Filling the Gap
5804 Republic Services is uniquely able to close this gap and address the growing demand in the
5805 North American CPG plastics market. We achieve this through our unwavering commitment to
5806 sustainability and by applying innovation and investment to yield a better future for our planet.
5807
5808 In 2023, we will open our first Polymer Center, located in Las Vegas, Nevada. This facility will
5809 be the first of its kind in the industry and serve a refined hub -and -spoke model to serve our
5810 partner municipalities from the Northwest to Texas. The Polymer Center will be designed to
5811 centralize the complex and costly operations to accurately separate the various grades of
5812 plastics into high quality commodities that meet CPG manufacturers' target requirements.
5813
5814 Because we are the first company to solve this complex challenge, our operational approach
5815 and technology designs are patent -pending, and our relationship with the company that
5816 manufactures the highly specialized equipment is exclusive. These two realities differentiate
5817 Republic Services as the only partner in the industry that can ensure your plastic recyclables
5818 have the highest circularity.
5819
5820 To complement this, we are in discussions with a growing list of CPG manufacturers who want
5821 to partner with Republic to secure a portion of these high-quality plastic commodity tons, as it
5822 increases their own ability to meet or exceed their ESG goals to their shareholders.
5823
5824 Planned National Coverage
5825 The first Polymer Center is intentionally positioned in the West, where legislative requirements
5826 for consumer packaging is driving increased demand for recycled plastic content. We have
5827 plans to expand this operation to 3 locations across the United States, offering full coverage to
5828 all Republic Services municipal recycling partnerships in the 47 states we serve. This
5829 expansion of our operations will take place within the contract term duration of many of our
5830 municipal contracts, which makes this exciting improvement to the industry relevant for any
5831 municipality that is considering the best partner for their environmental service needs today.
5832
5833 c. Strategic Partnerships
5834 Republic Services Environmental Solutions
5835 In May 2022, Republic Services acquired US Ecology, a leading provider of environmental
5836 solutions, offering treatment, recycling and disposal of hazardous, non -hazardous and special
5837 waste.
5838
5839 This acquisition complements our previous acquisitions of ACV Environmental and ECOFLO,
5840 in late 2021, and enables Republic Services to provide customers with the most complete set
5841 of product offerings across the environmental services space. It expands our geographic
5842 footprint across North America and provides vertical integration capabilities for our
5843 environmental solutions business.
5844
5845 US Ecology adds a national platform of difficult -to -replicate assets and talent to Republic
5846 Services. This includes adding nine specialty waste landfills with five hazardous waste
5847 landfills, 16 RCRA permitted TSDFs, seven wastewater treatment facilities, and more than 80
5848 environmental services field locations including treatment and recycling centers.
5849
5850 Customers with multiple recycling and waste service needs value the ability to consolidate
5851 services with a single partner who has a successful track record of safety, compliance and
5852 environmental responsibility. Adding US Ecology allows us to provide customers a
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5853 comprehensive set of environmental services including recycling, solid waste, special waste,
5854 hazardous waste, equipment rental and field services.
5855
5856 d. Supplier Partnership
5857 Republic is a co-owner of Agromin-Ontario which produces compost from collected green and
5858 food waste material which is rapidly transformed into rich soil amendment and sold back to the
5859 marketplace for use in retail, farming, and other sources.
5860
5861 13. Procurement
5862 • Through several strategic partnerships, Republic Services has direct access to ample
5863 compost and mulch volumes available to the City for their use and purchase.
5864 • All plastic containers are available in 10-30% recycled content.
5865 Republic's Long Beach Hauling Division hosts its own CNG and LNG fueling stations to
5866 fuel its entire collection fleet onsite.
5867
5868
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5869 Exhibit 11
5870 Outreach and Education Plan
5871 1. Prior to Service Start Activities
5872 Public education is critical to maintaining an efficient and cost-effective service for recycling and
5873 waste in your community.
5874
5875 The goal of Republic Services' Public Education and Outreach Program is to educate residents
5876 on industry trends and the services offered by Republic Services. We do this by engaging
5877 community groups and business associations, educating residents and businesses about the key
5878 elements of the program, highlighting customer service, promoting environmental benefits, and
5879 emphasizing state requirements.
5880
5881 At a minimum, Republic Services will provide the following educational materials and collateral as
5882 required by the new agreement:
5883 • Annual notice of requirements
5884 • Billing inserts upon city request
5885 • Multi -family & commercial printed signage & posters
5886 • City specific website URL
5887 • Instructional service guide revised for any changes throughout contract term
5888 0 Educational materials to non-compliant entities
5889 • Educational materials for property and business owners/tenants for distribution to all
5890 employees
5891
5892 The resources are always available for all customers. All printed materials will be sourced from a
5893 local print publication shop whenever feasible
5894
5895 2. Implementation Programs
5896 As part of the initial program implementation of our ongoing education efforts, we will provide the
5897 following materials to ensure that residents are fully aware of the services provided by Republic
5898 Services and how to properly use these them:
5899 • Annual notice of requirements and service offerings to all lines of business
5900 • Billing inserts upon city request
5901 • Multi -family & commercial printed collateral, signage & posters
5902 • Instructional service guide revised for any changes throughout contract term
5903 • Quarterly Informational Newsletters
5904 • Quarterly MCR & MORe Educational materials to non-compliant entities
5905 • Educational materials for property and business owners/tenants for distribution to
5906 all employees
5907 • Annual list of edible food recovery organizations to City
5908 • Annually provide edible food recovery information to commercial food generators
5909 • All education will be available/distributed as both printed and electronic.
5910 • Printed materials will be procured from local Rosemead businesses whenever feasible.
5911 0 Printed materials will be made available in English, Spanish, Mandarin, Vietnamese, and
5912 any other language upon city request.
5913
5914 a. Schedule of Materials
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5915 This schedule summarizes Republic's primary education and outreach activities, delineated by
5916 generator type: SFD (single-family) and MFD + Comm (multi -family + commercial).
5917
5918 Welcome Packet
5919 At the commencement of service, Republic Services will provide an initial information packet to
5920 residents and businesses. This packet will contain information on the services offered and proper
5921 preparation procedures. In addition, the packet will contain information on additional services and
5922 products offered by Republic Services as well as a collection day reminder for their specific
5923 location. This packet will also be made available to new residents that move into Rosemead and
5924 new businesses that set-up service accounts with Republic.
5925 9 Annual Education Updates
5926 Republic Services will mail each household an annual reference guide for collection
5927 services.
5928 a Corrective Action Notices (Oops Tags)
5929 Distribution frequency: As needed.
5930 a Residential Service Guide
5931 Distribution frequency. Annually, and as needed.
5932 0 Community Event Notification
5933 Distribution frequency: As needed.
5934 . Public Service Announcements (PSAs), Advertising (Local Media)
5935 Distribution frequency. In accordance with events
5936 a Residential Newsletters
5937 Distribution frequency: quarterly
5938 0 Educational presentations to business groups, homeowner associations/HOA,
5939 civic organizations, etc.
5940 Frequency., Upon request.
5941 • Posters and Informational Displays
5942 Distribution frequency: As needed.
5943 0 Multi -Family Service Guide
5944 Distribution frequency: Updated annually or as needed. Reprinted as needed.
5945 Provided at move -in and during site visits.
5946 • Non -Compliant Notices
5947 Distribution frequency: quarterly and upon city request.
5948 a Collection Point Posters
5949 Distribution frequency: As needed and/or requested.
5950 @ Meetings with Property Manager
5951 Conducted as needed or requested.
5952 0 Multi -Family Property Educational Presentations
5953 Distribution frequency: Upon request.
5954 0 Commercial Service Guide
5955 Distribution frequency: Provided annually, at in-person meetings, and upon request.
5956 0 Commercial Newsletter
5957 Distribution frequency. quarterly.
5958 0 Non -Compliant Notices
5959 Distribution frequency: quarterly and upon city request.
5960 0 Waste Audits and Recycling Technical Assistance
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5961 Conducted initially as needed, and annually thereafter
5962 Presentations to Business Organizations
5963 Distribution frequency: Upon request.
5964 Mandatory Recycling/Organics Service
5965 Distribution frequency. Automatically and tailored per customer thereafter.
5966
5967 b. Service Brochures
5968 Residential Service Guide
5969 Welcome packets are mailed to each new customer which include Republic's Residential
5970 Service Guide. This service guide outlines sorting of materials for proper disposal shown
5971 through both text and images. It will also outline the proper handling of universal and hazardous
5972 wastes, proper cart set -out procedures, weekly collection schedule, holiday schedule, and
5973 additional resources for customers.
5974
5975 Multi -Family Service Guide
5976 Produce and distribute Multi -Family Service Guide and other collateral materials designed
5977 specifically to reach multi -family residents. These items will describe topics such as: how to
5978 prepare and sort materials for disposal collection. The Guide will be printed in sufficient numbers
5979 for distribution to all impacted multi -family customers.
5980
5981 Commercial Service Guide
5982 Design and distribute a Commercial Service Guide containing information on proper sorting for
5983 trash, recycle, organics, as well as additional services available for proper disposal of hazardous
5984 material, hard -to -recycle material, and large project waste solutions.
5985
5986 Annual Education Updates
5987 Republic Services will mail each household an annual reference guide for collection services.
5988 This reference guide will contain information on collection services as well as any updates for
5989 acceptable or unacceptable materials. The reference guide will also contain information on new
5990 products and services available to residents and businesses such as bulky item collections, C&D
5991 temp services, sharps, collection events, etc.
5992
5993 c. Community Meetings
5994 Republic may schedule meetings and/or public presentations to HOAs and business and
5995 neighborhood groups, volunteer organizations, etc.to provide recycling -related information and
5996 encourage compliance with programs/mandatory collection services.
5997
5998 Meetings with Property Manager
5999 As noted in the Transition Plan, Republic will perform site assessments at each property, initially,
6000 and thereafter once annually or as needed. Meetings with property managers are aimed to
6001 evaluate services, address concerns, and make service adjustments as necessary.
6002 Republic will work with property managers to implement new programs (which will include a
6003 waste assessment, training, technical assistance, and initial monitoring upon program
6004 implementation). Posters and stickers to clearly label collection containers will also be distributed
6005 during these meetings.
6006
6007 Educational presentations to business groups, homeowner associations/HOA, civic
6008 organizations, etc.
6009 Republic may schedule meetings and/or public presentations to HOAs and business and
6010 neighborhood groups, volunteer organizations, etc. to provide recycling -related information and
6011 encourage compliance with programs/mandatory collection services.
6012
6013 Multi -Family Property Educational Presentations
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6014
Republic will host community events at multi -family complexes, to HOAs, and tenant
6015
associations to emphasize the importance of proper sorting and troubleshooting support for
6016
residents and property managers.
6017
6018
Proposed activities will include short presentations on importance of proper sorting and what
6019
materials are permissible in each container, hosting of information tables, provide interactive
6020
games, and distribute bags and pails for in-house collection.
6021
6022
Presentations to Business Organizations
6023
Republic will be available to various business organizations to promote and explain the recycling
6024
and food scraps collection programs, mandatory recycling, and organic diversion requirements,
6025
as requested by the associations.
6026
6027
d. Written Notices and Outreach Material
6028
Corrective Action Notices (Oops Tags)
6029
Cops tags are our first line of education for residents that have placed unacceptable items at the
6030
curb for collection. Drivers and our dedicated Rosemead Compliance Monitorwill leave an cops
6031
tag with the resident and/or business if a material cannot be picked up. Oops tags will provide
6032
the reason why the item was not picked up as well as a phone number to call for further follow -
6033
up information. Use of these Corrective Action Notices brings resolution to contamination issues
6034
by notifying customers in writing of steps to take to improve collectability of materials, declining
6035
to service contaminated containers, and/or imposing charges to customers for excessive
6036
contamination. All corrective action and non -collection notices will be recorded and shared with
6037
the city.
6038
6039
Community Event Notification
6040
Republic will prepare and distribute an annual mailer promoting compost giveaways and shred
6041
events, citywide collection drives as outlined in the RFP, seasonal community events, including
6042
neighborhood clean-up events, Christmas tree collection, and other collection activities. The
6043
direct mail piece will include the date and time of each event, regular weekly collection schedule,
6044
acceptable materials for collection, and any relevant set -out instructions.
6045
6046
Residential Newsletters
6047
Republic will prepare and distribute quarterly newsletters to all customers that creatively inform
6048
residents and businesses about collection and waste reduction programs. Newsletters will also
6049
include educational and topic -specific issues deemed appropriate by the contractor and City.
6050
Newsletter articles will address topics such as tips for proper recycling, use of organics
6051
containers and kitchen pails, composting, battery and electronics education, prevention of
6052
contamination issues, proper Collection Container placement, resource information, and HHW
6053
education.
6054
6055
Non -Compliant Notices
6056
Author and distribute co -branded quarterly notices to non-compliant generators who are not
6057
participating in mandatory source separated recycling and/or organics service. These notices
6058
will outline state laws, city requirements and enforcement mechanisms, and solutions for
6059
promptly taking action to achieve compliance.
6060
6061
Commercial Newsletter
6062
Prepare and distribute a quarterly commercial newsletter to all commercial customers promoting
6063
and explaining recyclables and organics collection and mandatory enrollment programs. This
6064
information will be formatted so that it can be easily posted in break rooms and common areas.
6065
6066
Mandatory Recycling/Organics Service
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6067 Republic will demonstrate diligent efforts to ensure that all multi -family and commercial
6068 customers are automatically enrolled in services for source separated collection of recyclable
6069 materials and organic materials, and knowledgeable about proper participation. Republic will
6070 provide appropriate support to all customers to implement recyclable and organic materials
6071 collection services to comply with state and county mandates. Republic will provide extra
6072 support to customers as requested and will also periodically contact customers to offer technical
6073 assistance during each contract year.
6074
6075 e. City, School, Facilities, and Business Community Programs
6076 Posters and Informational Displays
6077 Posters will be available to post at busy local venues and community meeting places, such as
6078 City Hall, libraries, and community centers — all with the intent of helping to educate the public on
6079 collection and program enrollment initiatives.
6080
6081 Collection Point Posters
6082 Multi -family tenants are most effectively educated at the collection point, and property managers
6083 frequently ask for posters. Information will be presented in colorful graphics.
6084
6085 Compliance Inspections
6086 Rosemead and Republic Services are required to conduct ongoing inspections of customers to
6087 ensure overall compliance with the law and programs.
6088 To achieve the robust goals of SB 1383, all organic waste generators are required to participate
6089 in an organics program. Republic Services will conduct an annual compliance review and
6090 determine who is not in compliance with the law. We will also combine our contamination
6091 minimization program with our annual route review to determine customer compliance.
6092
6093 Compliance Inspections will consist of the following:
6094 a Compliance Review: Conduct a review of all commercial businesses that generate
6095 two cubic yards or more per week of solid waste. Republic will also assess if customer
6096 generates more than 10 -to 20- gallons of organic material per week depending on
6097 their service levels.
6098 0 Annual Route Reviews: Review all routes and generate a sufficient number of
6099 inspections to determine overall program compliance and participation in the City.
6100
6101 Waivers Granted by Jurisdiction
6102 A significant change brought on by SB 1383 is that Rosemead is required to provide organic
6103 collection to all generators. However, the law does allow for Rosemead to grant waivers on a
6104 selective basis.
6105
6106 Rosemead may grant one, or more, of the following waivers to generators deemed exempt from
6107 the required programs:
6108 De Minimis: Businesses generating a minimum amount of organic material (less than
6109 10- to 20 -gallons of organic material per week depending on customer's weekly
6110 service level).
6111 Physical Space Waiver: Premises lacking adequate space for any organic carts.
6112 Collection Frequency: Customers may arrange to collect blue, gray, or both carts once
6113 every 14 days.
6114
6115 Through commercial route audits and site visits by our Recycling Coordinators and dedicated
6116 Compliance Monitor, Republic Services can act as Rosemead's eyes and ears by capturing data
6117 and waiver requests. Upon receiving a request, Republic Services will validate the request and
6118 forward the request to Rosemead staff. The actual administering of this program can be fully
6119 determined and outlined within the final contractual agreement.
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AM
6121 Investigation of Complaints of Alleged Violations
6122 The City of Rosemead and Republic Services are required to establish a procedure for the
6123 receipt and investigation of written complaints of alleged violations of the law.
6124
6125 Republic Services will coordinate with Rosemead staff to develop a system for conducting such
6126 investigations.
6127
6128 Edible Food Recovery Outreach
6129 The law requires Rosemead to maintain a list of food recovery organizations, and to provide
6130 edible food generators, at least annually, with information about the food recovery program.
6131
6132 Republic Services will support Rosemead in continuing to develop an edible food recovery and
6133 food distribution program by assisting the City in identifying edible food generators and by
6134 supplementing the education and outreach program each year of the contract term.
6135
6136 The edible food recovery program will be established by assessing the capacity of existing food
6137 recovery opportunities, inspecting commercial generators for compliance, and implementing
6138 education and outreach to those subject to the requirement.
6139
6140 Businesses are required to provide information to their employees, contractors, tenants, and
6141 customers about the proper sorting of organic waste.
6142
6143 Republic Services will provide downloadable reference guides, posters, and other outreach
6144 material targeting commercial businesses that must comply with the law.
6145 Commercial businesses will be responsible for accessing the outreach material and distributing it
6146 amongst their employee teams as needed.
6147
6148 Special Events
6149 Republic Services will continue to serve as a true leader in [Keywords], not only because of our
6150 dedication to excellence in service, but because we are a proud community partner.
6151
6152 We participate in numerous community events on an annual basis and propose to build on these
6153 existing efforts by partnering with the [Keywords] in developing and launching a sustainability -
6154 themed outreach schedule for public events.
6155
6156 The program would involve creating a family of "green" recycling -specific educational hand-outs,
6157 and a common, customizable booth design that could be used at local street fairs, art festivals,
6158 summer concerts, etc.
6159
6160 Republic Services will not only continue to provide service and assistance to community events,
6161 but we will also work with event planners to bring additional value. This would include upfront
6162 planning; for logistics detail, such as placement of dumpsters, providing a full contingent of
6163 dumpsters at each collection point with clear messaging to encourage recycling and/or food
6164 waste participation, clean-up services, sponsorships, and educational giveaways such as
6165 sharps, and backyard compost containers as required by the agreement.
6166
6167 We see this as an opportunity to engage with the Rosemead community to become even
6168 stronger and more vibrant. The [Keywords] can count on Republic Services to continue serving
6169 as a true responsible corporate citizen and community partner in "greening," the [Keywords]
6170 service area and educating residents and businesses every step of the way.
6171
6172 K-12 School Education
6173 Fortunately, Republic Services has also been the longtime solid waste and recycling service
6174 provider to the Rosemead School District. In addition to the already established educational
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6175
programs we offer the School District, we will further promote diversion activities and SB 1383
6176
educational topics to its students so when they go home each day, they can serve as "recycling
6177
ambassadors," to their families and friends in Rosemead.
6178
6179
Recycling Simplified
6180
Republic has established an excellent source for additional customer educational information,
6181
which will be promoted in all collateral materials. Information and instructive videos by material
6182
type are posted at the website below, along with a full recycling curriculum for grades pre -
6183
kindergarten through 12, developed for Republic by educators: https:Hrecyclingsimplified.com/
6184
6185
We believe we have a responsibility to educate our customers when it comes to recycling the
6186
right way. We understand recycling can be confusing at time, so we have created a campaign to
6187
educate people how and what to recycle.
6188
6189
On average, one-third of what consumers put in their recycling carts doesn't belong there. And
6190
there aren't enough resources or technology to reverse contamination once it takes place. Some
6191
of these items are contaminated with food or another residue. Think of a ketchup bottle — if
6192
there's still ketchup inside, it's contaminated and can ruin an entire load of recyclables.
6193
6194
We know people want to be responsible and do the right thing to ensure the local recycling
6195
programs they know, and love, are sustainable for future generations.
6196
6197
Many people are "wish -cycling" — throwing items in their recycling bin that they hope can be
6198
recycled. Remember: When in doubt, throw it out.
6199
6200
To help consumers know how and what to recycle, we launched our Recycling Simplified
6201
campaign. Visit RecyclingSimplified.com for tips, videos, and resources to become a better
6202
recycler and reduce contamination rates.
6203
6204
We are partnering with communities to help reduce contamination and the best way to do this is
6205
through education. We also know that the children are integral in driving behaviors in the home.
6206
We are extremely proud to offer a free service to the schools to assist in this effort. The
6207
Recycling Simplified Education Program contains everything needed to teach students about
6208
recycling. You'll find step-by-step lesson plans and supporting materials including activities,
6209
videos, student certificates and handouts for students to bring home. The curriculum is based on
6210
grade level. There are four categories — PreK-2, 3rd -5th, 6 -8th and 9 -12th grade.
6211
-
6212
Lessons within each grade range build upon students' understanding and help them gain greater
6213
awareness of the broader environmental, sustainability, and societal issues related to recycling
6214
and its role in conserving natural resources.
6215
6216
Aside from information for educators, other resources on the site include:
6217
0 Recycling Basics: This provides an overview and basic recycling information by
6218
material type.
6219
0 Expert Tips: This includes tips to avoid common recycling mistakes.
6220
0 Resources: This is information geared toward generator type other than educational
6221
institutions, such as for residents and businesses.
6222
0 At -Home Learning: Offerings include at-home activities for school age children,
6223
again, by grade level.
6224
6225
This is a tremendous virtual platform available to all for free, Republic will ensure educators are
6226
aware of its presence through existing communications channels and printed materials as
6227
advised by them.
6228
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6229 Instructional Videos
6230 Aligned with what has been utilized in our services provided to the Los Angeles Unified School
6231 District (LAUSD), as their current solid waste hauler, Republic will provide various instructional
6232 videos including a video that demonstrates how to set up and properly use Lunch Time
6233 Recycling Waste Stations. This video will be shown to key staff and students alike. The video will
6234 go over existing materials needed that can be found on campus as well as a simple walk through
6235 for students to understand. Instructional videos will be directed toward the specific school
6236 community audiences.
6237
6238 These are the groups we continue to interact with and who we continue to value in our program -
6239 building efforts:
6240 0 Food Services Department
6241 0 Cafeteria Managers
6242 0 Complex Project & Plant Managers
6243 0 Principals
6244 0 Middle and High School Green Team leaders and champions
6245 0 High School Science Teachers
6246
6247 f. City Staff Training
6248
6249 3. Methods to Reduce Contamination
6250 Please reference section 2.d written notices as well as Exhibit 10, "Sustainability and
6251 Compliance Plan."
6252
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6253
6254 4. Benefits of Participation
6255 Public education is critical to maintaining an efficient and cost-effective service for recycling and
6256 waste in your community.
6257
6258 The goal of Republic Services' Public Education and Outreach Program is to educate residents
6259 on industry trends and the services offered by Republic Services. We do this by engaging
6260 community groups and business associations, educating residents and businesses about the
6261 key elements of the program, highlighting customer service, promoting environmental benefits,
6262 and emphasizing state requirements.
6263
6264 At a minimum, Republic Services will provide the following educational materials and collateral
6265 as required by the agreement:
6266 0 Annual notice of requirements
6267 a Billing inserts upon city request
6268 • Multi -family & commercial printed signage & posters
6269 0 City specific website URL
6270 a Instructional service guide revised for any changes throughout contract term
6271 0 Educational materials to non-compliant entities
6272 a Educational materials for property and business owners/tenants for distribution to all
6273 employees
6274
6275 We develop and maintain a library of public education programs and materials that our partners
6276 can leverage in their communities
6277 • Instant access to information via website and the Republic Services app
6278 0 Facility tours
6279
6280 School education and take-home materials
6281 • Videos and public service announcements
6282 0 Community newsletters
6283
6284 The resources are always available for all customers. All printed materials will be sourced from a
6285 local print publication shop.
6286
6287 At Republic, we believe that robust and diversified education efforts will be the most important
6288 factor for achieving success with the new contract's requirements and the City's compliance with
6289 SB 1383.
6290
6291 To ensure compliance driven results, best practices, and collection program participation - we
6292 will be offering our Rosemead outreach materials available for electronic distribution. While our
6293 Recycling Coordinators are meeting with customers and conducting site visits/waste
6294 assessments, we will be collecting electronic contact information and will maintain a database of
6295 Rosemead email addresses.
6296
6297 Those customers who opt -in to receive their communications electronically will receive quarterly
6298 newsletters, service guides, compliance letters, etc. via email. This action will help educate the
6299 community through multiple platforms and additionally help reduce paper waste. We realize that
6300 people today like options for how they prefer to receive information. Having an electronic
6301 distribution option only guarantees that our education efforts more effectively reach as many
6302 people in Rosemead as possible.
6303
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6304 Exhibit 12
6305 Acceptable Recyclable Materials
6306
Recyclable Materials include but are not limited to:
6307
6308
"Recyclable Materials" means those Discarded Materials that: the Generators set out in
6309
Recyclables Containers for Collection for the purpose of Recycling by the Contractor and that
6310
exclude Excluded Waste.
6311
6312
No Discarded Materials shall be considered Recyclable Materials unless such material is
6313
separated from Organic Materials, and Solid Waste.
6314
6315
Recyclable Materials shall include, but not be limited to: newspaper (including inserts, coupons,
6316
and store advertisements), mixed paper (including office paper, computer paper, magazines, junk
6317
mail, catalogs, brown paper bags, brown paper, paperboard, paper egg cartons, telephone
6318
books, grocery bags, colored paper, construction paper, envelopes, legal pad backings, shoe
6319
boxes, , cereal, and other similar food boxes yet excluding paper tissues, paper towels, paper
6320
with plastic coating, paper contaminated with food, wax paper, foil -lined paper and cartons, Tyvex
6321
non -tearing paper envelopes); chipboard, corrugated Cardboard; glass containers of any color
6322
(including brown, clear, and green glass bottles and jars); aluminum (including beverage
6323
containers and small pieces of scrap metal); steel, tin, or bi-metal cans; mixed plastics such as
6324
plastic containers (no. one (1) to seven (7)), except plastic six (6) and expanded Polystyrene
6325
(EPS); bottles including containers made of HDPE, LDPE, or PET and, those materials added by
6326
Republic from time to time.
6327
6328
Recyclable Materials does not include any "compostable plastic" items
6329
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Attachment E
Draft
Integrated Solid Waste Handling Services
Agreement — Valley Vista
1
DRAFT AGREEMENT
2 FOR THE PROVISION OF
4 INTEGRATED SOLID WASTE HANDLINGSERVICES
5
6 Executed Between the
7 City of Rosemead and Valley Vista Services, Inc.
8
9 This o ,day of May 2023.
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TABLE OF CONTENTS
Integrated Solid Waste Handling Services Agreement
Table of Contents
Article1. Definitions.................................................................................................................5
Article 2. Term of Agreement.................................................................................................18
Article 3. Conditions Governing Services Provided by Contractor. .........................................
19
Article 4. Franchise Fees and Payments...............................................................................20
Article 5. General Requirements............................................................................................22
Article 6. Collection Service Rates.........................................................................................28
Article 7. Collection Service Billing ........... .... .... .. ....... ..........
... .... .... ... .....33
Article 8. Diversion Requirements ...................... ........, .........
... .... .......... ..36
Article 9. Service Unit Types..................................................................................................38
Article 10. Residential Service...............................................................................................39
Article 11. MFD Service.........................................:::.............................................................45
Article 12. Commercial Service..............................................................................................52
Article 13. Mixed Use Dwelling Service (MXD).......................::.............................................59
Article 14. City Services ............................. ......................................................59
Article 15. Additional Services ....... :.............................................................................60
Article 16. Collection Routes. ......
..... .... ..62
Article 17. Minimum Performance Standprds ..r. ........ .............
... .... .. .......62
Article 18. Collection Equipment ......................... .....?......... ...
... .... .... .........64
Article 19. Contractor's , .. ...................... ........ ..... .... .......
.... .... .. .......68
Article 20. Contractor Support Services.
.I ..... ...... .. ...I...
........ .........69
Article 21. Emergency Service....,.;:............. ............................................
........... .......73
Article 22. Record Keeping and Reporting. Requirements ..............
.... ........ ... .......74
Article 23. Nondiscrimination ... .......... ........:.... ... ...... .... .... ....
.... .... ...................79
Article 24. Service lnquines and Complaints ...... ..... ... ..... ... ....
... ... .... ...... ......79
Article 25. Quality of Performance of Contractor ......... ... ..... ... ..
..... .... .. ..... .......80
Article 26. Performance Bond ........... .............. ... .... ... ........
.... ... ... .... ..81
Article 27. Insurance ..................... ... .. ........................................
...... .... . 82
Article`2&, Harmless and Indemnification ............ ... .... .......
... ....86
Article 29. Default of Agreement ............ ... ...... ........ .....................
............. ...89
Article 30 Mddifications to the Agreement ... ..... ........ ..... ... ...
.... ........ .........92
Article 31. Legal Representation............................................................................................93
Article 32. Conflict of Interest.................................................................................................93
Article 33. Contractor's Personnel..........................................................................................93
Article34. Exempt Waste......................................................................................................95
Article 35. Independent Contractor........................................................................................95
Article 36. Laws to Govern .....................................................................................................95
Article 37. Consent to Jurisdiction..........................................................................................95
Article38. Assignment...........................................................................................................96
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Article 39. Compliance with Laws..........................................................................................96
Article 40. Permits and Licenses............................................................................................96
Article 41. Ownership of Written Materials.............................................................................97
Article42. Waiver..................................................................................................................97
Article 43. Prohibition Against Gifts........................................................................................97
Article 44. Point of Contact....................................................................................................97
Article45. Notices..................................................................................................................97
Article 46. Transition to Next Contractor................................................................................98
Article 47. Contractor's Records............................................................................................98
Article48. Entire Agreement..................................................................................................99
Article49. Severability.........................................................................................................100
Article 50. Right to Require Performance.............................................................................100
Article 51. All Prior Agreements Superseded.......................................................................100
Article52. Headings.....................................................I.....................................................100
Article 53. Exhibits...............................................................................................................100
Article 54. Attorney's Fees...................................................................................................100
Article 55. Effective Date.....................................................................................................101
Exhibits
Exhibit 1 City Approved Service Rates'; ..... ......... ............
.... ... .........103
Exhibit 2 City Sponsored Events ...........: .:....................,'..................................................104
Exhibit 3 List of City Properties and Current Service Levels .... .. .........
.... ... .........105
Exhibit 4 Collection Container Specifications ...................... ........ ....
... ... .........108
Exhibit Transition Plan .................................. ::.................... ............................................
111
Exhibit 6 Administrative Charges and Fez 1plties ..... .... ........ .... ......
....... .........115
Exhibit 7 Customer Service, Plan............... .......... ... ..... .. ......
.... ...... .......117
Exhibit 8 Collection Service Operations Plan......... ........ ........... ...
... ...... ........120
Exhibit 9 City -Approved Processing and Disposal Facilities ...... .. ...
......... ........122
Exhibit 10 Sustainabilitq;and Compliance Plan ...... ......... .... ... ....
.. ......... .......123
Exhibit 11 Outreach and`Education Plan..........................................................................
Exhibith2,Acceptable Recyclable Materials .......... ..... ......... ... ..... .........
....128
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This Integrated Solid Waste Handling Service Agreement ("Agreement") is hereby entered into by
and between the City of Rosemead, a general law city existing under the laws of the State of California
("City") and Valley Vista Services, Inc. a California Corporation ("Contractor") as of , 2023 under
the terms and conditions set forth herein.
RECITALS
A. The Legislature of the State of California, by enactment of the California Integrated Waste
Management Ad of 1989 (the "Act") and subsequent additions and amendments (codified at California
Public Resources Code Section 40000 at sec.), has declared that it is in the public interest to authorize and
require local agencies to make adequate provisions for garbage collection'within their jurisdiction.
B. The State of California has found and declared that the amount of garbage generated in California,
coupled with diminishing landfill space and potential adverse environmental impacts from landfilling and the
need to conserve natural resources, have created an urgent need for State and local agencies to enact and
implement an aggressive integrated waste management program. The State has, through enactment of the
Ad, directed the responsible State agency, and all local agencies, to promote disposal site diversion and
to maximize the use of feasible garbage reduction, re -use; recycling, and composting options to reduce the
amount of garbage that must be disposed of in disposal sites.
C. Pursuant to its Municipal Code and California Public Resources Code Section 40059(a) as maybe
amended from time to time, City has determinedthat the public health, safety, and well-being require that
`,
an exclusive right be awarded to a qualified contractor to'ptpyide for the collection of garbage, recyclable
materials, and organic waste materials, except
and other services related to me&'iti Ue Ad's
D. City further declares its it
Service Recipients for the collectio
garbage, recyclable materials, and
excluded in City's Municipal Code,
and other requirements of the Ad.
set the maximum rates Contractor may charge
essing, recycling, composting, and/or disposal of
E. The City Council has. determined tnafContractor, by demonstrated experience, reputation, and
capacity, is qualified to provide for the collection of garbage, recyclable materials, and organic waste
materials within the corporate limits of City, the transportation of such material to appropriate places for
processing, recycling, composting and/or disposal; and City Council desires that Contractor be engaged to
perform such services on the basis set forth in this Agreement; and, Contractor has represented that it has
the ability and capacity to provide for the collection of garbage, recyclable materials, and organic waste
materials withinthe corporate limits of City; the transportation of such material to appropriate places for
processing recycling, composting and/or disposal; and the processing of materials.
F. By Resolution No. 2023-27, the City Council of City duly approved this Agreement, together with
the Franchise Fee, Contractor payments to City, and other City -imposed fees provided for in the Agreement
(collectively "City Imposed Fees"), and found and determined that such City Imposed Fees were both
necessary and reasonably reflect, or are less than, the actual casts City that will incur in the administration
of the contracted services, compliance with mandatory state laws and regulations related to the contracted
services, and to mitigate the of impacts provision of the contracted services will have on City streets,
Support for these findings is provided in both Resolution No. 2023-27 and the accompanying staff report
dated May 9t", 2023,
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129 OPERATIVE PROVISIONS
130 Now, therefore, in consideration of the mutual covenants, agreements and consideration contained
131 in this Agreement, City and Contractor agree as follows:
132
133 Article 1. Definitions
134 For the purpose of this Agreement, the definitions contained in this Article apply unless otherwise
135 specifically stated. When not inconsistent with the context, words used in the present tense include the
136 future, words in the plural include the singular, and words in the singular include the plural. Use of the
137 masculine gender includes the feminine gender. The meaning of terms or words not defined in this Article
138 will be as defined in the Integrated Waste Management Act, or if not definer/ therein, then as commonly
139 understood in the Integrated Solid Waste Handling Services industry when the common understanding is
140 uncertain.
141 1.01 AB 341. 'AB 341" means State of Califg[r) Amembly Bill No. 341 app October 5,
142 2011. AB 341 requires businesses, defined to include commercial or public entities that generate more than
143 4 cubic yards of commercial solid waste per week or multifamily residential dwellings of 5 units or more, to
144 arrange for recycling services and requires jurisdictions to implement a commercial solid waste recycling
145 program.
146 1.02 AB 827. "AB 827" means St W Ca semblV-No. 827 approved October 02,
147 2019. AB 827 requires businesses that are mandw
to r 341 ("MCR") and/or mandated to
148 recycle organics under AB 1826 or SB 1 �at provide Customers access to the business, to
149 provide customers with a recycling bin and/or organics collection bin for those waste streams that is visible,
150 easily accessible, and adjacent to each bjn pr container for trash.
151 1.03 AB 939 � 939'4("The California Integrated Waste Management Act
152 of 1989" codified part in P#Ifd ;Rbsources 666P% 40000 et seq, and such regulations adopted by.
153 California Department of ResourcesRecycling and Recovery (CalRecycle) for implementation of the Act, or
154 its successoragency, including but not. limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016
155 (Chapter'343, Statues of 2008 [Wiggins, SB 10161), the Mandatory Commercial Organics Recycling
156 Resources Code § 40000 and following as it may be amended and as implemented by the regulations of
157 CalRecycle"
158 1.04 AB 15940 JXB 1594' means State of California Assembly Bill No. 1594 approved
159 September 28 2014. AB 1594 provides that as of January 1, 2020, the use of green material as Alternative
160 Daily Cover does not constitute diversion through recycling and would be considered disposal.
161 1.05 AB 1669. "AB 1669" means State of California Assembly Bill No. 1669 approved
162 September 30, 2016 which amends California Labor Code Sections 1070 through 1076 with respect to the
163 hiring of displaced employees under service contracts for the collection and transportation of solid waste.
164 1.06 AB 1826. 'AB 1826" means State of California Assembly Bill No. 1826 approved
165 September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an
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166 organic waste recycling program to divert from the landfill organic waste from businesses. Each business
167 meeting specific organic waste or solid waste generation thresholds phased in from April 1, 2016 to January
168 1, 2020, is required to arrange for organic waste recycling services.
169 1.07 AS 3036. 'AB 3036" means State of California Assembly Bill No. 3036 approved
170 September 27, 2018. AB 3036 prohibits a County, City, District, or local government agency from subjecting
171 the hauling of certain byproducts from the processing of food or beverages to an exclusive franchise, contract,
172 license, or permit.
173 1.08 Agreement. "Agreement" means the written Integrated Solid Waste Handling Services
174 agreement between the City and the Contractor covering the work to be performed and all contract documents
175 attached to the agreement and made a part thereof.
176 1.09 Agreement Administrator. 'Agreement Admir) or' means the City Manager, or his or
177 her designee, designated to administer and monitor the provisions of the Agreement.
178 1.10 Agreement Year. "Agreement Year means each twelve (12) month period from August V
179 to July 301h during the term of this Agreement.
180 1.11 Alternative Fuel Vehicle. "Altemate Fuel Vehicle means a vehicle whose engine uses a
181 fuel other than gasoline or diesel fuel such as cptnpr'essed natural gas(CN.G) or other fuel with comparably
182 low emissions of air pollutants regulated under ttia`California,Clean Air Act, Health and Safety Code Section
183 39000 et seq. or the South Coast Air Quality Management District's rules and regulations including Rule 1193.
184 1.12 ADolicable Law. "Ap a Law' shall mean all federal, state, county, and local laws,
185 regulations, rules, orders, judgments, decrees, permits, approvals, or other requirements of any governmental
186 agency having jurisdiction over an aspect of th(s Agreement that are in force on the Effective Date, and as
187 may be enacted, issued ora i � � 40 t 'without limitation, to the City's Municipal Code, the
188 California Integrated Waste Management Act of 1989 (Public Resources Code section 40000 et seq.), as
189 amended asof the Effective. Date, inclusive (without exclusion to other amendments not referenced here) of
190 AB 939, AB 341, AB 1826 AS 1594 SB X1383, and inclusive of all regulations implementing same adopted
191 as of the Effective Date.
192 1.13Best Management Practice. 'Best Management Practice" means the schedule of activities,
193 prohibition of practices, maintenance procedures, and other management practices to prevent or reduce, to
194 the maximum extent that. is technologically and economically feasible, the discharge of pollutants in the storm
195 drain system.
196 1.14 Bin. 'Bin" means a metal or plastic waste container designed or intended to be
197 mechanically serviced by a commercial front-end loader vehicle. It shall be designed to hold from one (1) to
198 six (6) cubic yards of material with the lid properly closed. The specifications for Contractor -provided Bins are
199 set forth in Exhibit 4.
200 1.15 Biohazardous or Biomedical Waste. "Biohazardous" or "Biomedical Waste" means any
201 waste which may cause disease or reasonably be suspected of harboring pathogenic organisms; included
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202 are waste resulting from the operation of medical clinics, hospitals, and other facilities processing wastes
203 which may consist of, but are not limited to, human and animal parts, contaminated bandages, pathological
204 specimens, hypodermic needles, sharps, contaminated clothing and surgical gloves.
205 1.16 Box. "Box" means a large open -top rectangular metal containers used to store and
206 transport MSW, Recyclable Materials, Green Waste, Construction and Demolition Debris, or other materials,
207 collected using a special vehicle equipped with hooks and a winch to pull the box onto the flat bed of the truck
208 for transport.
209 1.17 Brown Goods. 'Brown Goods" means electronic equipment such as stereos, televisions,
210 computers, VCR's and other similar items collected from SFD Service Uric :.
211 1.18 Bulky Waste. "Bulky Waste" means furniture, household appliances, automobile tires,
212 shipping crates and containers carpets, mattresses, oversizedayard waste such as tree trunks and large
213 branches 'rf no larger than two feet in diameter and four feet in length, and similar large bulky or heavy items
214 not normally discarded on a regular basis at a residential, commercial, or business establishment. "Bulky
215 Items" do not include Construction and Demolition Debris or Electronic Waste, which are regarded as
216 Universal Waste, the disposal of which is governed by the Department of Toxic Substances Control.
217 1.19 Business Day. "Business s any Monday through Friday, excluding any holidays
218 as defined in Section 5.03.
219 1.20 Calendar Year. "Calendar Yeafleans;each twelve It 2) month period from January 1 to
220 December 31.
221 1.21 Cart. 'WW- means a plastic I Wacle with a rated capacity of at least twenty (20)
222 and not more than one hundred (100) gallons, having a hinged tight -fitting lid and wheels, that is provided by
223 the Exclusive Franchise Solid Waste Co"ritradtb%approved by the City, and used by Service Recipients for
224 collection, accumulation, and removal of solid waste from commercial, industrial, or residential premises in
225 connection with Exclusive Franchise Integrated Solid Waste Handling Services. The specifications for
226 ContractoKprovided Carts are set forth in Exhibit 4.
227 1.22- CERCLA. The. Comprehensive Environmental Response, Compensation and Liability Act
228 of 1980, 421JS.C. Sections,9601 and following, as may be amended and regulations promulgated
229 thereunder.
230 1.23 Chance in Law. 'Change in Law" means the occurrence of any of the following events after
231 the Effective Date, when such event has a material and adverse effect on the Parties' responsive obligations
232 or the performance of their respective obligations under this Agreement (except for any payment obligations):
233 (i) the enactment, adoption, promulgation, amendment, repeal, judicial interpretation, or formal administrative
234 interpretation of any Applicable Law; (ii) the issuance of any order or judgment of any federal, state, or local
235 court or agency in a proceeding to which a Party is a party, but not to the extent such order orjudgment finds
236 the Party asserting there to have been a Change in Law to have been negligent or otherwise at fault; or (iii)
237 the denial, suspension, or termination of any government permit or other entitlement, but not to the extent
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238 such denial, suspension, or termination is the result of any act or omission of the Party asserting there to
239 have been a Change in Law.
240 1.24 Ci 'City" means the City of Rosemead, California, including any unincorporated areas of
241 the County that may be annexed by the City during the Initial Term and all extensions.
242 1.25 City Collection Service. "City Collection Service" means City Garbage Collection Service,
243 City Organic Waste Collection Service, City Recycling Service, City Clean-up Services, City -Sponsored
244 Events Services, and Bulky Waste Collection Services.
245 A. City Clean-up Services. "City Clean-up Servicer^vans on-call City requested
246 Collection from Agreement Administrator to support City services and operations.
247 B. City Garbage Collection Service. "City �artege Colled6t, Service' means the
248 Collection of Garbage, by Contractor, from City Service Units in the Service Area and the delivery of that
249 Garbage to a Disposal Facility.
250 C. City Bulky Waste Collection Service. "City Bulky. Waste Collection Service' means
251 the periodic on-call Collection of Bulky Waste, by Contractor,. from City Service Units in the Service Area
252 and the delivery of those Bulky Waste to a Disposal Facility, Materials Recovery Facility or such other facility
253 as may be appropriate under the terms of this Agreement.
254 D. City Organic Waste CollectionsServlce. "City Organic Waste Collection Service"
255 means the Collection of Organic Waste, by Contractor, from City Service Units in the Service Area, the
256 delivery of those Organic Waste materials to an Organic Waste Processing Facility and the processing and
257 marketing of those Organic Waste materials, and the disposal of all City Organic Waste Processing Residue.
258 E. City Recycling -Service AL Recycting Service" means the Collection of
259 Recyclables Materials by the Contractor from City Service Units in the Service Area, the delivery of those
260 Recyclable Materials to a Materials Recovery FaCiiity and the processing and marketing of those Recyclable
261 Materials, and the disposal of all City Recyclables Materials Processing Residue.
262 F City Sponsored Event Services. "City Sponsored Event Services' means on-call
263 Collection Services at City -Sponsored Events.
264 1.26 City Facility. City Facility(ies) means any building or other site that the City owns, leases,
265 or occupies that are listed in Exhibit 3.
266 1.27 C! Manader. "City Manager" means the City Manager of the City of Rosemead, or his or
267 her designated representative, or any employee of the City who succeeds to the duties and responsibilities
268 of the City Manager.
269 1.28 Collect and Collection and Collected. "Collect" "Collection' and 'Collected" means the
270 removal of Solid Waste from a Service Unit and transportation to a Disposal Facility, Organic Waste
271 Processing Facility, Materials Recycling (or Recovery) Facility, or Transfer Station as appropriate.
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272 1.29 Collection Container. "Collection Container" means a Bin, Cart, Debris -Box or Roll -Off
273 Container that is approved by the Agreement Administrator for use by Service Recipients for Collection
274 Services under this Agreement.
275 1.30 Collection Services. "Collection Services" means Contractors obligations under this
276 Agreement to Collect Solid Waste within the Service Area. Collection Service includes Residential Collection
277 Service, Commercial Collection Service, and City Collection Service.
278 1.31 Collection Vehicle. "Collection Vehicle" means a licensed vehicle that has all required
279 licenses to provide Collection Service and that has been approved by the Agreement Administrator for use
280 under this Agreement.
281 1.32 Commencement Date. "Commencement Date" has the meaning specified in Section 2.01
282 of this Agreement. -
283 1.33 Commercial Collection Service. "CommOO CollectonS,ervice" means Collection Service
284 provided to Commercial Service Units. Commercial Collection Service includes Commercial Garbage
285 Collection Service, Commercial Organic Waste Collection Service, and Commercial Recycling Collection
286 Service. Commercial Collection Service specifically includes the following:
287 A. Commercial Garbage CollectionService. "Commercial Garbage Collection
288 Service" means the Collection of Garbage tiy" Contractor, from Commercial Service Units in the Service
289 Area and the delivery of that Garbage to a Disposal Facility.
290 B. Commercial Organic Waste Collection Service. "Commercial Organic Waste
291 Collection Service" mean* the Collection of Organic Waste, by Contractor, from Commercial Service Units
292 in the Service Area, the delivery of thoseiOrganic Waste materials to an Organic Waste Processing Facility
293 and the processing and marketing of those Organic Waste materials, and the disposal of all Commercial
294 Organic Waste Processing Residue
295 C. Commercial Recycling Collection Service. "Commercial Recycling Collection
296 Service"•3tiij'dha the'Collection of :Recyclable Materials, by Contractor, from Commercial Service Units in
297 the Service Area, the delivery of those Recyclable Materials to a Materials Recovery Facility and the
298 pro cetsiing and marketing of those Recyclable Materials, and the disposal of all Commercial Recyclable
299 MaterialsProcessing Residue:
300 1.34 :Compactor..,',qCompactor" means any Collection Container which has a compaction
301 mechanism, whether stationary or mobile.
302 1.35 Compost. "Compost" means the act or product of the controlled biological decomposition
303 of Organic Wastes that are Source Separated or are separated at a centralized facility. Compost may also
304 include the product of anaerobic digestion or other conversion technologies.
305 1.36 Construction and Demolition Debris. "Construction and Demolition Debris" means
306 discarded materials removed from premises, resulting from construction, renovation, remodeling, repair,
307 deconstruction, or demolition operations on any pavement, house, commercial building, or other structure or
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308 from landscaping. Such materials include but are not limited to "inert wastes" as defined in Public Resources
309 Code Section 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt), gravel, plaster,
310 gypsum wallboard, aluminum, glass, plastic pipe, roofing material, carpeting, wood, masonry, trees, remnants
311 of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials,
312 packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations
313 on pavements, houses, commercial buildings, and other structures.
314 1.37 Consumer Price Index (CPI). "Consumer Price Index" means the index sets published by
315 the Unites States Department of Labor, Bureau of Labor Statistics. Consumer Price Index series
316 CUSROOOOSEHG02, Garbage and trash collection in U.S. city average, all urban consumers, seasonally
317 adjusted.
318 1.38 Container. "Container" means a Collection Container
319 1.39 Contaminant. "Contaminant" means any material or substance placed into or found in a
320 Collection Container other than the type of Source Separated material for which that Collection Container is
321 intended or reserved. For example, anything that is not Recyclable Materials is a Contaminant if placed into
322 or found in a Recyclable Materials Collection Container. Similarly, anything that is not Organic Waste is a
323 Contaminant if placed into or found in an Organic Waste Collection Container.
324 1.40 Contractor. "Contractor' me*k Valley Vista Services,::; Inc., which has entered into this
325 Agreement.
326 1.41 County "CoWt Los Angeles County, California.
327 1.42 Customer,*Customer" means the owner, occupant or user of premises at which MSW or
328 recyclable materials are generated and then collected by Contractor. Customers include Residential
329 Customers, Multifamily Customers, and ComYriefcial'Customers. City is also a receiver of Collection Services
330 but not a Customer:.
331 1.43 Disoose or Disposal °, sposal" or "Dispose" means the final disposition of Solid Waste at
332 a permitters Landfill or other permitted Solid Waste disposal facility, as defined in California Public Resources
333 Code 461W(b).
334 1.44 Disposal Facility. 'Disposal Facility" means the place or places listed in Exhibit 9 as
335 City -approved locations for the Disposal of Garbage or other materials as appropriate and acceptable.
336 1.45 Diversion or Divert. "Diversion' or "Divert" means the programs and activities that reduce
337 or eliminate the Disposal of Solid Waste in landfills, which can include source reduction, reuse, salvage,
338 Recycling, and Composting.
339 1.46 Diversion Compliance. "Diversion Compliance' means Compliance with Diversion
340 requirements under the Act and applicable CalRecycle regulations. Should there be a Change in Law for
341 Diversion Compliance, Contractor may request a rate adjustment pursuant to Section 30.01.1.
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342 1.47 Dwelling Unit. "Dwelling Unit" means a building or part of a building designed for residential
343 use by a single independent housekeeping unit and having separate exterior access, toilet, and facilities for
344 cooking and sleeping.
345 1.48 Edible Food. "Edible Food" has the same meaning as found in Section 8.32.020 of the
346 Municipal Code. Edible Food means food intended for human consumption. For purposes of this Agreement,
347 Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or
348 authorizes the recovery of food that does not meet the food safety requirements of the California Retail Food
349 Code.
350 1.49 Edible Food Recovery. 'Edible Food Recovery' means,.actions to collect and distribute
351 Edible Food and distributing it to local food recovery organizations from places where it would otherwise go
352 to waste such as, but not limited to, restaurants, grocery stores, produce markets, school cafeterias, or dining
353 facilities.
354 1.50 Effective Date. "Effective Date of Agreg rfW shall mean Oe date on whiclYtpe Agreement
355 is signed by the duly authorized representatives and the parties and delivered by the last of the parties to sign
356 and deliver.
357 1.51 Electronic Waste (E-Wastel:E-Waste' means electronic equipment such as stereos,
358 televisions, computers, and other similar items collected from SFD Service Units.
359 1.52 Exempt Waste. "Exempt Wast„ ear ,"L, ciu te" as defined in Section 8.32.020
360 of the Municipal Code and Biohazardous or BiomedicalWaste, Hazardous Waste, Sludge, automobiles,
361 automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead -acid batteries, dead
362 animals, and those wastes under the control of the Nuclear Regulatory Commission.
363 1.53 Food Waste Wo_ - (1) food scraps including all edible or inedible food such
364 as, but not limited to, fruits vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread,
365 cheese, coffee grounds, and eggshells.. Food Scraps excludes fats, oils, and grease when such materials are
366 Source Separated from other Food Scraps; and (2) food -soiled paper, which is compostable paper material
367 that has come in contact with`food or liquid, such as, but not limited to, compostable paper plates, paper
368 coffee cups'; napkins, and pizza boxes.
369 1.54 '"'i Reserved.
370 1.55 Franchise Fee. 'Franchise Fee" means the fee stated in Section 4.03.1 of this Agreement
371 that Contractor has voluntarily agreed to pay in consideration of the exclusive rights granted by the City under
372 this Agreement.
373 1.56 Garbage. "Garbage' means all putrescible and non-putrescible solid, semi-solid and
374 associated liquid waste generated or accumulated through the normal activities of a premises. Garbage does
375 not include Recyclable Materials, Organic Waste, or Bulky Waste, that is source -separated and set out for
376 purposes of collection and recycling.
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377 1.57 Green Waste. "Green Waste" means grass clippings, leaves, landscape and prunings
378 waste, wood materials from trees and shrubs, and other forms of organic materials generated from
379 landscapes or gardens.
380 1.58 Gross Revenue. "Gross Revenue" means all monetary amounts actually collected or
381 received by Contractor for the provision of Integrated Solid Waste Handling Services pursuant to this
382 Agreement, including but not necessarily limited to: all receipts from Service Recipients, inclusive of late
383 charges, contamination charges, Franchise Fees or any other cost of doing business. "Gross Revenue", for
384 purposes of this Agreement, does not include any fee or charge levied by the City directly on Service
385 Recipients to mitigate costs incurred by City which is billed, collected and remitted to City by Contractor, or
386 revenues generated from the sale of Recyclable Material, Compost or energy, grants, cash awards, State of
387 California Department of Conservation payments, or rebates resulting from the performance of this
388 Agreement.
389 1.59 Hazardous Waste. "Hazardous Waste" jil"e same meaning as set -forth in Section
390 8.32.020 of the Municipal Code. Hazardous Waste shall have the meaning set forth in California Code of
391 Regulations, Title 14 §17225.32 and Health and Safety Code §25117, or successor laws and regulations as
392 may be amended from time to time.
393 1.60 Holiday. "Holiday" means lay, Presidpay, Memorial Day, Independence
394 Day, Labor Day, Veterans Day, Thanksgiving'�Day, Christmas Day, and any other day recognized by
395 resolution of the City Council as a day on which waste Collection Servrnce will not be provided until the following
396 day, excluding Sunday.
397 1.61 Home Compost Bin. 44e Compo t3in" means a portable durable container purchased
398 by the Contractor, and distributed to SFD: or MFD/MXD'Service Recipients as requested, and stored and
399 distributed by the Contractor to SFD or MFD/MXD Service Recipients for use by those Service Recipients to
400 compost Organic Waste at theirpremises.
401 1.62 Household Hazardous Waste. 'Household Hazardous Waste" means that waste resulting
402 from products purchased bythegeneraipublicfor household use which, because of its quantity, concentration
403 or physical, chemical or infectious characteristics, may pose a substantial known or potential hazard to human
404 health or the environment when improperly treated, disposed or otherwise managed, or, in combination with
405 other Solid Wase; may be infectious, explosive, poisonous, caustic, toxic, or exhibit any of the characteristics
406 of ignitability, corrosi tjty, reactivity, or toxicity as per California Code of Regulations Title 22, Division 4.5,
407 Chapter 11, Section 66261.3:
408 1.63 Integrated Solid Waste Handling Services. "Integrated Solid Waste Handling Services"
409 means the collection of Garbage, Recyclable Materials, and Organic Waste within the corporate limits of City;
410 the transportation of such material to appropriate places for processing, recycling, composting and/or
411 disposal; and the processing of materials.
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412 1.64 Kitchen Food Waste Pail. "Kitchen Food Waste Pail" means a plastic receptacle with a
413 rated capacity not exceeding two and one-half (2.5) gallons, having a hinged lid, suitable for use in a SFD
414 Service Unit for temporary storage of SFD Organic Waste that is approved for such purpose by City.
415 1.65 Manure. "Manure" means stable bedding and other waste matter normally accumulated
416 and associated with stables or in livestock.
417 1.66 Materials Recovery Facility. "Materials Recovery Facility (MRF)" means a facility listed in
418 Exhibit 9 to which commingled Solid Waste, Organic Waste and Recyclable Materials are brought for
419 separation into marketable Recyclable Materials.
420 1.67 Maximum Service Rate. "Maximum Service Rates A: an§-, the maximum amount that
421 Contractor may charge Service Recipients for Integrated Solid Waste Handling Services, as listed in Exhibit
422 1, and as may be adjusted in accordance with the provisions of this Agreement.
423 1.68 Mixed Waste Processing Facility. "MjtiNaste Processing Facility" f4eans a State -
424 permitted commercial Solid Waste facility listed in Exhibit 9 which accepts and processes Unicycling for
425 diversion from landfill disposal. The City reserves its Flow Control Rights over the Mixed Waste Processing
426 Facility.
427 1.69 Multi -Family Dwelling (MFD)', Election -Service "Multi. -Family Dwelling (MFD) Collection
gag
428 Service" means MFD Solid Waste Collection Service serves a MuttWamily Dwelling, and specifically includes
429 the following, MFD Garbage Collection Service, MFD Bulky Waste Collection Service, MFD Organic Waste
430 Collection Service, and MFD Recycdl ng Service:
431 A. MFD Garbage Collection Service. 'MFD Garbage Collection Service" means the
432 Collection of Garbage,. by Contractor, from MFD Service Units in the Service Area and the delivery of that
433 Garbage to a Disposal Facility,
434 S. MFD Bulky Waste Collection Service. "MFD Bulky Waste Collection Service"
435 means the periodic on-call Collection of Bulky Waste , by Contractor, from MFD Service Units in the Service
436 Area and the delivery of those Bulky Waste to a Disposal Facility, Materials Recovery Facility or such other
437 facility as may be appropriate under the terms of this Agreement. MFD Bulky Waste Collection Service may
438 include the,Collection of Bulky kyaste using Roll -Off Containers.
439 C. MFD.Oroanic Waste Collection Service. 'MFD Organic Waste Collection Service"
440 means the Collection.of Organic Waste, by Contractor, from MFD Service Units in the Service Area, the
441 delivery of those Organic Waste materials to an Organic Waste Processing Facility and the processing and
442 marketing of those Organic Waste materials, and the disposal of all MFD Organic Waste Processing
443 Residue.
444 D. MFD Recycling Service. 'MFD Recycling Service" means the Collection of
445 Recyclables Materials by the Contractor from MFD Service Units in the Service Area, the delivery of those
446 Recyclable Materials to a Materials Recovery Facility and the processing and marketing of those Recyclable
447 Materials, and the disposal of all MFD Recyclables Materials Processing Residue.
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412 1.64 Kitchen Food Waste Pail. "Kitchen Food Waste Pail" means a plastic receptacle with a
413 rated capacity not exceeding two and one-half (2.5) gallons, having a hinged lid, suitable for use in a SFD
414 Service Unit for temporary storage of SFD Organic Waste that is approved for such purpose by City.
415 1.65 Manure. "Manure" means stable bedding and other waste matter normally accumulated
416 and associated with stables or in livestock.
417 1.66 Materials Recovery Facility. 'Materials Recovery Facility (MRF)" means a facility listed in
418 Exhibit 9 to which commingled Solid Waste, Organic Waste and Recyclable Materials are brought for
419 separation into marketable Recyclable Materials.
420 1.67 Maximum Service Rate. 'Maximum Service Rate§"w,Wilans j1he maximum amount that
421 Contractor may charge Service Recipients for Integrated Solid Waste Handling Services, as listed in Exhibit
422 1, and as may be adjusted in accordance with the provisions of this Agreement. -
423 1.68 Mixed Waste Processing Facility "M Waste Processing Facility" Means a State -
424 permitted commercial Solid Waste facility listed in Exhibit 9 which accepts and processes Unicycling for
425 diversion from landfill disposal. The City reserves its Flow Control Rights over the Mixed Waste Processing
426 Facility.
427 1.69 Multi -Family Dwelling (MFD) Collection Service "Multi -Family Dwelling (MFD) Collection
428 Service" means MFD Solid Waste Collection Service serves a MuftWamily Dwelling, and specifically includes
429 the following, MFD Garbage Collection Service, MFD Bulky Waste Collection Service, MFD Organic Waste
430 Collection Service, and MFD Recycling, Service:
431 A. MFD Garbage Collection Service. 'MFD Garbage Collection Service" means the
432 Collection of Garbage,. by Contractor, from MFD Service Units in the Service Area and the delivery of that
433 Garbage to a Disposal Facility.
434 B. MFD Bulky Waste Collection Service "MFD Bulky Waste Collection Service'
435 means the,,penodic on-call Collection of Bulky Waste , by Contractor, from MFD Service Units in the Service
436 Area and the delivery of those Bulky Waste to a Disposal Facility, Materials Recovery Facility or such other
437 facility as may be appropriateunder the terms of this Agreement. MFD Bulky Waste Collection Service may
438 include the Collection of Bulky Waste using Roll -Off Containers.
439 C. MFDAraanic Waste Collection Service 'MFD Organic Waste Collection Service"
440 means the Collection, of Organic Waste, by Contractor, from MFD Service Units in the Service Area, the
441 delivery of those Orgenic,Waste materials to an Organic Waste Processing Facility and the processing and
442 marketing of those Organic Waste materials, and the disposal of all MFD Organic Waste Processing
443 Residue.
444 D. MFD Recycling Service. 'MFD Recycling Service" means the Collection of
445 Recyclables Materials by the Contractor from MFD Service Units in the Service Area, the delivery of those
446 Recyclable Materials to a Materials Recovery Facility and the processing and marketing of those Recyclable
447 Materials, and the disposal of all MFD Recyclables Materials Processing Residue.
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448 1.70 Municipal Code. "Municipal Code" means the City of Rosemead Municipal Code.
449 1.71 Non -Collection Notice. 'Non -Collection Notice" means a written notice approved by the
450 Agreement Administrator that notifies a Service Recipient of the reason Contractor did not Collect Solid Waste
451 set out for Collection.
452 1.72 Organic Waste. "Organic Waste" has the same meaning as set forth in Section 8.32.020
453 of the Municipal Code and means Food Waste, Green Waste, Wood Waste, and food -soiled paper waste that
454 is mixed in with Food Waste.
455 1.73 Organic Waste Collection Service. "Organic Waste, W ion Service" means the
456 Collection of Organic Waste from Service Units and processing at an Organic Waste Processing Facility, and
457 the disposal of all Organic Waste Processing Residue.
458 1.74 Organic Waste Processing Facility. "Organ oWste Processing FaciflYffilans any facility
459 designed, operated and legally permitted for the purpose of receiving and processing Food Waste, Green
460 Waste, and Organic Waste listed in Exhibit 9. The City shall designate the Organic Waste Processing Facility
461 for the Contractor to deliver Collected Organic Waste material under this Agreement.
462 1.75 Overage. "Overage" means Solid Waste set out for Collection either on top of or outside of
463 a Container or in any manner that prevents the Container lid from completely closing or potentially cause
464 Solid Waste to spill during Collection by Contra * vehicf
465 1.76 Premises. "p eansarilt _ r building in the City where waste is generated or
466 accumulated.
467 1.77 Prohibited Container Contaminants. Ifthibited Container Contaminants" means any of
468 the following but does not include Organic Waste specifically allowed for Collection in a Container that is
469 required to be transported to a high diversion organic waste processing facility if the waste is specifically
470 identified as acceptable for Collection in that Container in a manner that complies with the requirements of
471 14 CCR Section 18984.1, .18984.2, or 18984.3. (A) Non -Organic Waste placed in a Collection Container
472 designated, for Organic Waste provided pursuantto 14 CCR Section 18984.1 or 18984.2; (B) Organic Wastes
473 that are, carpet, hazardous wood waste, or non-compostable paper placed in the Collection Container that is
474 part of an Organic Waste Collection Service provided pursuant to 14 CCR Section 18984.1 or 18984.2; (C)
475 Organic Wastes, placed in a Collection Container designated for Garbage, that pursuant to 14 CCR Section
476 18984.1 or 18984.2 were intended to be Collected separately in a Collection Container designated for Organic
477 Waste or Recyclable Materials; (D) Organic Wastes placed in the Collection Container designated for
478 Recyclable Materials shall be considered Prohibited Container Contaminants when those wastes were
479 specifically identified in this Agreement, or through local ordinance for Collection in the Container designated
480 for Organic Waste, or mutually agreed to and promulgated by the City and Contractor. Paper products,
481 printing and writing paper, wood and dry lumber may be considered acceptable and not considered Prohibited
482 Container Contaminants if they are placed in Collection Container designated for Recyclable Materials; and
483 (E) Exempt Waste placed in any Collection Container.
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484 1.78 Quarter. "Quarter" means a three-month period during a calendar year. The first Quarter is
485 January through March. The second Quarter is April through June. The third Quarter is July through
486 September. The fourth Quarter is October through December.
487 1.79 Rate Year. "Rate Year" means the period July 1" to June 30th, for each year during the
488 Term of this Agreement, except the first year which begins on August 1, 2023.
489 1.80 Recyclable Materials. "Recyclable Materials" means those materials that are separated
490 from Solid Waste prior to disposal to be recycled consistent with the requirements of the Act. Recyclable
491 Materials that can be placed in the Recycling Container are listed in Exhibit 12, and any other items as
492 determined by the Agreement Administrator.
493 1.81 Recycling. 'Recycling' means the process of colo9 ttg, sorting 'c*psing, treating and/or
494 marketing Recyclable Materials that would otherwise become Garbage, and returning them to the economic
495 mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality
496 standards necessary to be used in the marketplace. The collection, transportation or disposal of Solid Waste
497 not intended for, or capable of, reuse isnot Recycling.'Re° does ;iftndudetransformation as defined
498 in Public Resource Code Section 40201.
499 1.82 Residential Collection Service. dential Coll Service" means ongoing regularly
500 scheduled collection of Solid Waste by an Exclusive Franchise from Residential Service Units and MFD
501 Service Units and the delivery of that Solid Waste to a Disposal Facility, Recycling Facility, and/or Organics
502 Processing Facility.
503 1.83 Residential Premises. 'Mesidentiremises° means: (i) any building or structure, or
504 portion thereof, that is used for residential housing purposes and has four (4) or fewer distinct living units; and
505 (ii) any multiple unit residential complex which,. with the prior written approval of the City Manager, receives
506 Integrated Solid Waste Handling Services using standard residential Containers.
507 1.84 Residual or Residuals. 'Residual' or 'Residuals' means Solid Waste that is not Diverted
508 from landfill Disposal after 4 has been delivered to an Organic Waste Processing Facility or a Recyclables
509 Processing. Facility for processing for Diversion from landfill Disposal. Residual does not include Recyclable
510 Materials of ;Organic Material that is processed for Diversion but lacks an available market.
511 1.85 Roll -Off Container. "Roll -Off Container" means a metal container with a capacity of ten (10)
512 or more cubic yardsihat is normally loaded onto a specialized Collection vehicle and transported to an
513 appropriate facility.
514 1.86 SB 1383. "SB 1383" means State of California Senate Bill 1383 Short-lived Climate
515 Pollutants: Organic Waste Reductions, approved September 19, 2016.
516 1.87 Self -Haul. "Self -Haul" means collection of Solid Waste by the resident, owner, or occupant
517 of the Premises on which the Solid Waste was generated pursuant to a City -issued permit and in accordance
518 with the requirements of the Municipal Code.
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519 1.88 Service Area. "Service Area" means that area within the city limits of the City of Rosemead
520 designated by City as the Service Area.
521 1.89 Service Recipient. "Service Recipient' means an individual or entity receiving Collection
522 Service.
523 1.90 Service Unit. "Service Unit" means a single subscriber to Contractor's Integrated Solid
524 Waste Handling Services. SFD Service Units, MFD Service Units, MXD Service Units, City Service Units or
525 Commercial Service Units. Service Unit specifically includes the following:
526 A. City Service Unit. "City Service Unit' means a City Facility(ies) that utilize a Bin,
527 Cart, or Roll -Off Container(s) for the accumulation and set -out of Solid Waste. City Service Units are the
528 properties set forth in Exhibit 3 and may be modified by written notice to Contractor by the City.
529 B. Commercial Service Unit. "Commercial6S9Nice Unit" means till retail,
530 professional, wholesale and industrial facilities, and other commercial enterprises offering goods or
531 services to the public that utilize a Garbage Bin, Cart, Compactor, Roll -Off Container for the
532 accumulation and set -out of Commercial Solid Waste.
533 C. Multi -Family Dwelling and MFD Service:Unit. `Multi -Family Dwelling" and "MFD"
534 shall mean any building or structure including but not limited to Mobile Home Parks, or portion thereof,
535 used for residential purposes having five (5j,or greater distinct living units.
536 D. MXD (Mixed-use Deveiot)ment) Service Unit. "MXD (Mixed-use Development)
537 Service Unit" means a mix of Commercial Service Units and five (6) or greater Dwelling Units in the
538 Service Area utilizing any combindbortof Collection Containers for the accumulation of and set out of
539 Solid Waste.
540 E. SFD Service Unit.'$FD Servitil"nit" means any Single -Family Dwelling Unit in
541 the Service Area utilizing a Cart for the accumulation and set out of Solid Waste originating from SFD
542 Residential Premises.
543 1.91 SFD Collection Service. "SFD Collection Service" means SFD Garbage Collection Service,
544 SFD Recycling Service, SFD:Organic Waste Collection Service, and SFD Bulky Waste Collection Service.
545 A. SFD Garbage Collection Service. "SFD Garbage Collection Service" means the
546 Collection of Garbage, by Contractor, from SFD Service Units in the Service Area and the delivery of that
547 Garbage to a Disposal Facility:
548 B. SFD Bulky Waste Collection Service. "SFD Bulky Waste Collection Service" means
549 the periodic on-call Collection of Bulky Waste , by Contractor, from SFD Service Units in the Service Area
550 and the delivery of those Bulky Waste to a Disposal Facility, Materials Recovery Facility or other such
551 facility as may be appropriate under the terms of this Agreement. SFD Bulky Waste Collection Service
552 does not include the Collection of Bulky Waste using Roll -Off Containers.
553 C. SFD Orcanic Waste Collection Service. "SFD Organic Waste Collection Services'
554 means the Collection of Organic Waste, by Contractor, for SFD Service Units in the Service Area, the
555 delivery of those Organic Waste Materials to an Organic Waste Processing Facility and the processing
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556 and marketing of those Organic Waste materials, and the disposal of all SFD Organic Waste Processing
557 Residual.
558 D. SFD Recycling Service. "SFD Recycling Service" means the Collection of
559 Recyclable Materials, including dry cell household batteries when set out by the Service Recipient in heavy
560 duty plastic bags and placed on the Recycling Cart, by the Contractor from SFD Service Units in the
561 Service Area, the delivery of those Recyclable Materials to a Materials Recovery Facility and the
562 processing and marketing of those Recyclable Materials.
563 1.92 Single-family Dwelling or SFD. "Single-family/duplex dyn"_g" or "SFD" means any
564 residential premises with fewer than five (5) units single attached dwelling units, each designed for use by
565 one bona fide housekeeping group.
566 1.93 Sludge. "Sludge" means the accumulated solids, residues, and precipitates generated as
567 a result of waste treatment or processing, including wastewater treatment, water supply treatment, or
568 operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease
569 traps, privies, or similar disposal appurtenances or any other such waste having similar characteristics or
570 effects.
571 1.94 Solid Waste. "Solid Waste' all putrescibi4�ftnon-putrescible solid, semisolid, and
572 liquid wastes, including garbage, trash, refuse paper, rubbish, ashes, industrial wastes, demolition and
573 construction wastes, abandoned vehicles and parts thereof; discarded home and industrial appliances,
574 dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, Manure, vegetable or
575 animal solid and semisolid wastes, and other discarded solid and semisolid wastes, as set forth in California
576 Public Resources Code Sectio, n40191(a)(b), as amended from time to time. Solid Waste includes Recyclable
577 Materials but does not include (1) Hazardous Waste; (2) radioactive waste regulated pursuant to the Health
578 and Safety Code Section 114960 et seq.; and (3) medical waste regulated pursuant to the Health and Safety
579 Code Section 117600 et seq.
580 1.95 ' Source: Separated. "Source Separated" means materials that have been kept separate in
581 the Solid Waste stream, of the.point of generation, for the purpose of additional sorting or processing in order
582 to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted
583 products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined
584 in 14 CCR Section 17402.5(b)(4).,
585 1.96 SRRE (Source Reduction and Recycling Element). "SRRE" means a formal planning
586 document that demonstrates how the City will comply with the Acts diversion goals.
587 1.97 Term. "Term" means the time period or duration which the Agreement is in effect.
588 1.98 Transfer Station. "Transfer Station" means the place or places listed in Exhibit 9 as City -
589 approved locations conveyance of Solid Waste Collected by Contractor into larger vehicles prior to
590 transportation of the Solid Waste to a Disposal Facility or Processing Facility.
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591 1.99 Unicyclino. "Unicyding" means a method of separating trash and recyclable materials in a
592 single Collection Container. Trash materials are collected in bags and deposited into the Collection Container
593 and recyclable materials are deposited into the Collection Container loose and unbagged.
594 1.100 Universal Waste or U -Waste. "U -Waste" means electronic devices, dry -cell batteries, non -
595 empty aerosol cans, fluorescent lamps, and fluorescent bulbs, mercury thermostats, and other mercury
596 containing equipment.
597 1.101 Waste. "Waste" means the useless, unused, unwanted or di%@rded material and debris
598 resulting from normal residential and commercial activity or materialswhich, by their presence, may injuriously
599 affect the health, safety, and comfort of persons or depreciate property values in the vicinity thereof.
600 1.102 Waste Generator. "Waste generator" means anypefton, as daikW by the most current
601 version of the Public Resources Code, whose act or process produces solid waste as defined in that same
602 code, or whose act first causes solid waste to become subject to regulation.
603 1.103 Waste Reporting System (WRS). "Wa Feporting:stem" means the electronic data
604 recording and reporting system that Contractor uses to provide data and reports that this Agreement requires
605 Contractor to give to the City.
606 1.104 White goods. "White goodse el -coated major appliances, such as washing
607 machines, clothes dryers, hot water heaters, stoves, and refrigerators.
608 1.105 Work Day " -means any day; Monday through Saturday, that is not a Holiday as
609 set forth in Section 5.03 of this Agreement:;.
610 1.106 Wood Waste. "Woody means S77 Waste consisting of stumps, large branches, tree
611 trunks, and wood pieces or particles that are'yenerated from the manufacturing or production of wood
612 products, harvesting,; processing or storage of raw wood materials, or construction and demolition activities.
613 Article 2. Term of Agreement
614 2,01 Term of Agreement. The term of this Agreement will be fora ten (10) year period beginning
615 August 1, 2023 and terminating'gn June 30, 2033. Contractor shall commence performance of its Collection
616 Service obligations ;under this Agreement on August 1, 2023 ("Commencement Date").
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617 Article 3. Conditions Governing Services Provided by Contractor
618 3.01 Grant of Exclusive Agreement. City hereby grants to Contractor, on the terms and
619 conditions set forth herein including the limitations set forth in sections 3.02 and 3.03, the exclusive franchise,
620 right and privilege to collect, remove and dispose of, in a lawful manner, Solid Waste, Recyclable Materials,
621 and Organic Materials accumulating in the City's Service Area that are required to be accumulated and offered
622 for collection to the Contractor in accordance with the City's Municipal Code, for the Term of and within the
623 scope set forth in this Agreement.
624 3.02 Recyclable Materials Organic Waste. and Bulky Waste Discarded by Service Recipients.
625 This Agreement shall not prohibit any person from selling Recyclable Materials or Organic Waste or giving
626 Recyclable Materials or Organic Waste away to persons or entities otherthan Contractor. However, in either
627 instance: (1) the Recyclable Materials or Organic Waste must be source separated from and not mixed with
628 other Solid Waste; and (2) the seller/donor may not pay the buyer/donor any consideration for collecting,
629 processing or transporting such Recyclable Materials or Organic Waste. A discount or reduction in the price
630 for collection, disposal and/or recycling services for any form of un -segregated or segregated Solid Waste is
631 not a sale or donation of Recyclable Materials or Organic Waste and such Solid Waste does not qualify for
632 this exception. However, once the Recyclable Materials or Organic Waste have been placed in the Collection
633 Container and the Container set out for Collectign, the Recyclable Materials or Organic waste become the
634 property of Contractor.
635 3.03 Exclusions to Exclusivity.
636 3.03.1 Specialized Recyclable Materials. If Contractor is unable or unwilling to Collect and
637 process fordiversion specialized' matenals including, but not limited to, Organic Waste, metals, Construction
638 and Demolition Debris,laboratory waste, pallets and others, and which a third party is able to re -use or
639 Recycle, Service Recipients shall have the right to engage the third -party recycler to collect and Recycle
640 those Source -Separated Recyclable Materials provided that the diversion is verified by the City.
641 3.012 Recyclable. Materials Sold By Commercial Generator. If the Waste Generator at a
642 Commercial Service Unit has source separated Recyclable Material, the Waste Generator is entitled to sell
643 that Recyclable Material or be otherwise compensated in a manner resulting in a net positive payment to the
644 Waste Generator, when such collector is permitted as appropriate under the City Municipal Code.
645 3.03.3 Byproducts of Food and Beverage Processing. Under AS 3036 (2018), certain
646 byproducts from the processing of food or beverages from agricultural or industrial sources, provided they
647 do not include animal, including fish, processing byproducts, they are Source -Separated, they are not
648 discarded (meaning the generator may not pay the recipient any consideration, or accept a discount or
649 reduction in price for collecting, processing, or transporting such material), and they are used as animal feed,
650 are exempted from this Exclusive Franchise Agreement. Entities requesting exemption must apply to the
651 City and be any of the following: registered pursuant to Section 110460 of the Health and Safety Code, or
652 be exempted from registration pursuant to Section 110480 of the Health and Safety Code, or be a beer
653 manufacturer as defined in Section 23012 of the Business and Professions Code, or a distilled spirits
654 manufacturer, as defined in Section 23015 of the Business and Professions Code.
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655 3.03.4 Donated Solid Waste. Recyclable Materials, Organic Waste, or Bulky Waste which
656 is Source Separated at any premises by the waste generator and donated to youth, civic or charitable
657 organizations qualified as such pursuant to Federal law.
658 3.03.5 Gardening or Landscape Services. Green Waste removed from a premises by a
659 gardening, landscaping, or tree trimming company as an incidental part of a total service offered by that
660 company rather than as a hauling service.
661 3.03.6 Self -haul. Service Recipients may choose to self -haul Solid Waste to Disposal or
662 Processing Facilities, to the extent authorized by the Municipal Code..
663 3.04 Responsibility for Service Billing and Collection. Contractor is responsible for the billing
664 and collection of payments for Integrated Solid Waste Handling Services within the Service Area.
665 Article 4. Franchise Fees and Payments
666 4.01 Contractors Payments to City. The Parties agree that all fees and any payments owed by
667 Contractor to City under this Agreement are the product of extensive negotiations and constitute valid
668 consideration for the rights and privileges granted to Contractor ander this Agreement.
669 4.02 Reimbursement for the Cost 'of-:Procurement/Neaotiation Process. Contractor shall
670 reimburse the City acne -time fee for the cost of the Franchi11
se Agreement solicitation, evaluation, negotiation
671 and award process in an amount of Two Hundred Five Thousand dollars and no cents ($205,000.00) due
672 and payable on the thirty (30) day after the Effective -Date, of the Agreement.
673 4.03 Quarterly Fees and Payments. The following quarterly fees and payments shall be due and
674 payable on the last day of the month following the end of each Quarter for which the Integrated Solid Waste
675 Handling Services were provided; first such payroentbeing due on October 31, 2023. The City Council may
676 adjust the Quarterly Fees by resolution, in which case Contractor shall be entitled to a rate adjustment as a
677 City -directed change in accordance with Section 30.01. The Quarterly Fees shall be accompanied at the time
678 of paymentby a written report, in a format acceptable to the City, setting forth the calculations Contractor
679 used to determine the amount due and the basis for those calculations. Figures used in the report shall be
680 taken fro ractors genera woks of account, and Contractor shall retain all supporting documentation
681 in accordanceivith the records retention requirements in Section 22.01.
682 4.03.1 Franchise Fee. Contractor shall pay the City a quarterly Franchise Fee equal to ten
683 percent (10%) of the Gross Revenue received by the Contractor from Integrated Solid Waste Handling
684 Services provided in the City pursuant to this Agreement. The amount of the Franchise Fee may be adjusted
685 by mutual agreement of the City and Contractor through a written amendment to this Agreement. In the
686 event that the City and Contractor agree to an adjustment to the amount of the Franchise Fee during the
687 term of this Agreement, Contractor may, in its sole discretion, include an amount equal to the adjustment in
688 compensation via payment of Maximum Service Rates by Service Recipients as set forth in Article 6 and
689 Exhibit 1.
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690 4.04 Annual Fees and Payments. On each anniversary of the Commencement Date, each of
691 the annual fees and payments shall increase by the same percentage that the Maximum Service Rate
692 increases for that same Calendar Year.
693 4.04.1 SB 1383 Fees and Payments. The SB 1383 annual fees and payments of Two
694 Hundred Sixty Five Thousand Dollars ($265,000) shall be due and payable on August 1 of each calendar
695 year; the first such payments being due on August 1, 2023. City reserves the right to adjust this fee from
696 time to time.
697 4.04.2 Mitigation Fees and Payments. The City hereby reserves the right to adopt and levy
698 a fee to mitigate any unreimbursed cost of administering the Agreement;:.. or costs incurred by City to
699 ameliorate impacts from Integrated Solid Waste Handling Services on the City, whether from negative
700 impacts to aesthetics, noise, pollution, contamination or other reasonable and necessary costs incurred by
701 City related to Integrated Solid Waste Handling Services. In the event a mitigation fee is adopted by City in
702 compliance with California Constitution Article XIII D (Proposition 218) or other Applicable Law, then
703 Contractor shall include such fee in its monthly billing beginning in July or such other date as agreed upon
704 by the Parties, and Contractor shall collect such fee and remit the amount to City monthly thereafter. City
705 reserves the right to adjust this fee from time to time.
706 4.05 Time and Method of Payment Contractor shall pay all amounts owed under this Article
707 without prior notice or demand and without abatejaent, deduction, offset or credit in lawful money of the United
708 States, on or before the applicable due date, unless the due date lands on a weekend or Holiday, in which
709 case the due date shall be the next Business Day If sent by U.S. mail, the remittance must be post -marked
710 on or before the due date. If hand -delivered, Contractor must request and receive a date-stamped receipt
711 from the City by 5:00 p.m on the due date,:;
712 4.06 Late Payments. In the event µContractor fails to pay the City any amounts owed under this
713 Article on or before the applicahle;due date, than in addition to the amounts already owed, Contractor shall
714 pay a penalty as specified in Exhibit 6, except to the extent that such lateness is due to extenuating
715 circumstances. Contractor must submit any request for approval of a late payment in writing at least five (5)
716 Business Days prior to the date on which fees are due, and the request must be accompanied by a written
717 explanation of the extenuating circumstances and adequate supporting documentation. The City shall not
718 unreasonably withhold its approval and shall notify Contractor within three (3) business days of receiving the
719 request whether and to what extent the request has been approved.
720 4 06.1Taxes and Utility Charges. The Contractor shall pay all taxes lawfully levied or
721 assessed upon or in respect of the operating assets or the Integrated Solid Waste Handling Services, or
722 upon any part thereof of upon any revenues necessary for the operation of the operating assets and the
723 provision of the Integrated Solid Waste Handling Services, when the same shall become due.
724 4.06.2 Franchise Fee Disoutes. In the event of any disputes between the Contractor and
725 the City with respect to the fees described in this Article 4, the City shall provide the Contractor with written
726 objection within 180 days of the receipt of the written report described in Section 4.03, encompassing the
727 dispute amount. The City shall state its objections in writing with reference to the applicable portion(s) of the
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728 report and its reasons then known for its dispute. The Parties agree to meet and confer regarding any such
729 dispute.
730 4.07 In the event any City imposed fee is determined by a court to be excessive, invalid or
731 unenforceable (hereinafter 'CIF"), then: (i) Contractor shall not charge or collect the future portion of such
732 CIF; (it) to the extent the Customers are entitled to a reimbursement of any portion of such CIF, and City is
733 required to reimburse Contractor in the amount of such CIF previously remitted to City, thereafter, Contractor
734 shall directly reimburse all Customers entitled to reimbursement in the amount attributable to each Customer
735 account. In no event shall Contractor retain any portion of the fees reimbursed by City; (iii) to the extent the
736
737
738
739
740
741
742
743
744
745
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747
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750
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Customers are entitled to a reimbursement of such CIF, and City is required by court to directly reimburse
Customers, Contractor shall assist City in identifying all Customers entitled to a reimbursement, quantifying
the reimbursement amount attributable to each Customer account, and obtaining and providing to City any
other information needed to satisfy the obligations imposed by a court; and (iv) City and. Contractor will, within
thirty (30) days following such court decision meet and confer to negotiate in good faith and using reasonable
efforts to attempt to agree on modifications to the Agreement.
Article 5. General Requirements
5.01 Service Standards. Contractor.must perform all Integrated Solid Waste Handling Services
under this Agreement in a thorough and profes,3!onal manner as described in Article 25, while meeting the
minimum performance and diversion standards listed in Article 17 according to the Sustainability and
Compliance Plan (Exhibit 10) developed by the Contractor and approved by the City.
5.02 Labor and Equipment Contractor must provide and maintain all labor, equipment, tools,
facilities, and personnel supervision required for the performance of Contractors obligations under this
Agreement. Contractormust always have sufficient backup equipment and labor to fulfill Contractor's
obligations under this Agreement. No cofmpertsayofl for Contractor's services or for Contractors supply of
labor, equipment, tools, facilities or supervision wi(fbe provided or paid to Contractor by City or by any Service
Recipient except as expressly provided by this Agreement.
5.03 Holidav Service. The City observes New Years Day, President's Day, Memorial Day,
Day, Labor C
of required to
756
the designated hglic
757
Services for the poli
758
week with normally
759
Collection Services
In
ay, Veterans Day, Thanksgiving Day, and Christmas Day as legal holidays.
provide Integrated Solid Waste Handling Services or maintain office hours on
my week in which one of these holidays falls on a Work Day, SFD Collection
each Work Day thereafterwill be delayed one Work Day for the remainder of the
id Friday SFD Collection Services being performed on Saturday. Commercial
adjusted as set forth in Article 12 but must meet the minimum frequency
760 requirements of one (1) time per week. Integrated Solid Waste Handling Services will not take place on
761 Sundays, unless previously authorized by the Agreement Administrator.
762 5.04 Inspections. The City has the right to inspect Contractor's facilities or Collection Vehicles
763 and their contents used to provide services pursuant to this Agreement at any reasonable time while operating
764 inside or outside the City without advance notice to the Contractor.
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765 5.05 Commingling of Materials.
766 5.05.1 SFD Materials Collected in Rosemead. Contractor may not at any time commingle
767 any SFD materials Collected pursuant to this Agreement with any other material Collected by Contractor
768 inside or outside the City of Rosemead without the express prior written authorization of the Agreement
769 Administrator.
770 5.05.2 Commercial Garbage Materials Collected in Rosemead. Contractor may commingle
771 Commercial garbage materials collected pursuant to this Agreement with other materials collected outside
772 the City of Rosemead, provided that Contractor tracks the tonnage of Commercial material collected inside
773 the City of Rosemead separately using a City -approved allocation methodology.. Changes to the allocation
774 methodology may only be made with the express prior written authorization of the Agreement Administrator.
775 5.05.3 Recyclable Materials. Subject to Sections 10.08.2 and 12.04.4, Contractor may not
776 at any time commingle SFD or Commercial Recyclable Materials Collected pursuant to this Agreement with
777 any other material type Collected by Contractor without the express prior written authorization of the
778 Agreement Administrator.
779 5.05.4 Organic Waste. Subject to Sections 10.09.4 and 12.05.7, Contractor may not at any
780 time commingle SFD or Commercial Organig Waste Collected pursuant to this Agreement with any other
781 material type Collected by Contractor, withotit'=`the express prior written: authorization of the Agreement
782 Administrator.
783 5.05.5 Commindled.'.Garbage and Recvclables. Only in special circumstances in which
784 separate Collection Containers pose a challenge due to space or logistical constraints, and with prior written
785 authorization of the Agreement Administrator, Contractor may Collect Commercial Garbage and Recyclable
786 Materials in the same Collection Container, using a Split -bin or Unicycling, for the purposes of processing
787 Recyclable Materials for diversion.
788 5.06 Recyclable Materials and Organic Waste Contamination. Contractor must offer the Service
789 Recipients the correct combination of Part and Bin sizes and collection frequency beyond the minimum
790 bundled service requirements as necessary, that matches their unique service needs to reduce contamination
791 of Recyclable;Materials and Organic Waste, and provide service at least cost to Service Recipient. To support
792 City's diversion goals and Contractor's Diversion Requirements as set forth in Section 8.02, Contractor is only
793 required to collect and process Recyclable Materials if they have been separated by the Service Recipient
794 from Garbage and Org6nicWaste and will only be required to collect Organic Waste if it has been Source
795 Separated by the Service Recipient from Garbage and Recyclable Materials.
796 As part of Contractor's Public Education Services under Section 20.02, Contractor has agreed to provide
797 outreach and support to Service Recipients as described in the Contractor's Sustainability and Compliance
798 Plan provided as Exhibit 10 and Outreach and Education Plan provided as Exhibit 11. Additionally,
799 Contractor's route collection personnel will report to Contractors supervisors if they observe potential
800 contamination problems, and/or insufficient collection capacity. For purposes of detennining if Recyclable
801 Materials or Organic Waste are deemed to be contaminated, if, by visual or digital inspection, Recyclable
802 Materials are commingled with ten percent (10%) by weight or volume of Garbage or Organic Waste, or if, by
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803 visual inspection, Organic Waste is commingled with three percent (3%) by volume of Garbage or Recyclable
804 Materials, then Recyclable Materials and/or Organic Waste will be deemed to be contaminated and
805 Contractor may take the following steps:
806 5.07 Violations by Service Recipients. The following provisions will apply to all Commercial,
807 MFD, MXD, and SFD Service Recipients.
808 5.07.1 First and Second Occurrence. For the first and second occurrence within any rolling
809 12 -month period of contamination for a particular container (i.e., Recyclable Materials or Organic Waste),
810 Contractor must collect the contaminated container (as Solid Waste) and must affix a Contamination
811 Violation Notice to the contaminated container which contains instructions on the proper procedures for
812 sorting Recyclable Materials or Organic Waste, and must notify the Service Recipient by phone, U.S. mail,
813 e-mail, or in person (which may be a container tag), that for the third and subsequent incidents of excess
814 contamination, the Service Recipient may be charged a contamination fee for the contaminated container,
815 and Contractor may increase the Collection Container size, or require an additional Collection Container.
816 Contractor's representative must also contact the Service Recipient by phone, U.S. mail, e-mail, or in person
817 (which may be a container tag) to ensure that they have the appropriate level of service for proper collection
818 of Recyclable Materials and/or Organic Waste. Contractor must also document the contamination issue in
819 the Waste Reporting System provide digitaVyisual documentation to the Service Recipient that clearly
820 documents the Service Recipients on-going tgtaminatipn problems.
821 5.07.2 Third Occurrence. For the third or subsequent occurrence within any rolling 12-
822 month period of contamination fora: particular container (i.e., Recyclable Materials or Organic Waste),
823 Contractor must collect the contaminated Container (as Solid Waste) and must charge the Service Recipient
824 a contamination fee as set forth in Exhibit 1. Contractor must continue providing the Recyclable Materials or
825 Organic Waste Collection Services. Contractor must ;.provide (or have provided) digital/photographic
826 documentation to the Sftpeof documents the Service Recipients on-going
827 contamination problems and written Notices coritamination as described above. Contractor may increase
828 the Container size or collection frequency and impose a contamination surcharge on the account for a period
829 of six months or until the Service Recipient has demonstrated no contamination for a period of three
830 consecutive months. Contractor must document contamination issue and surcharge in Waste Reporting
831 System and notify City within five (5) Business Days if Contractor increases the Container size or collection
832 frequency for excessive contamination or imposes the contamination surcharge to the account. City will
833 consult with Contractor and consider, and pursue as applicable, appropriate legal remedies against offending
834 Service Recipients to secure discontinuance of the contamination.
835 5.08 Tracking Occurrences of Contamination. Regarding Section 5.07, each Contamination
836 occurrence is tracked annually per Calendar Year, and resets at the start of each Calendar Year if
837 contamination occurrences are not active and consecutive. Where contamination is occurring, and
838 occurrences are consecutive and unremedied their count shall continue across Calendar Years until remedy
839 occurs. In this case, once the Service Recipient has demonstrated no contamination for a period of three
840 consecutive months the tracking calendar will reset.
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841 5.09 Disputes Over Excess Contamination Charges, If Service Recipient disputes a
842 contamination charge (which must be within 30 days of them being assessed), Contractor will temporarily halt
843 any contamination charge and/or increased Maximum Service Rate resulting from increasing the Collection
844 Container size, or collection frequency, and Contractor may request a ruling by the City Manager to resolve
845 the dispute. During the pendency of any request, Contractor may restore Container size or number, or
846 collection frequency to the prior levels. A request by Contractor to the City Manager to rule on any such
847 dispute must be fled within ten (10) Business Days of Contractor's halting of contamination charge, or
848 increased Maximum Rate, and must include written documentation and digital/visual evidence of ongoing
849 overall problems. The City Manager may request a meeting (in person or phone) with both the Service
850 Recipient and Contractor to resolve the dispute. Following such a meeting, the City Manager will rule on the
851 dispute within ten (10) Business Days, and the City Manager's decision A bK„rQthe dispute between and
852 Service Recipient will be final. If the City Manager rules in favor of the Service Recipient, Contractor will credit
853 the disputed contamination charges or increased Maximum Service Rate. If the City Manager rules in favor
854 of Contractor, Contractor may charge Service Recipient the prior halted contamination charge and/or
855 increased Maximum Service Rate resulting from increasing the Collection Container size or collection
856 frequency and may follow the steps in Section 7.07 for collection of delinquent accounts.
857 5.10 Container Overage and Correction Procedures. If a Customer is found to habitually
858 overflow their Collection Container(s) i.e., lid Will; not close, and/or material not contained within Container
859 Contractor may take the steps as listed be Custome-going overflow of material. All
860 customers will be notified of Collection Overages. Contractorshall notify the City regarding Commercial,
861 MFD, and MXD customers that habitually overflow their Containers so that the City can take appropriate
862 action with such customers to secure discontinuance of the overages.
863 5.11 Overage and Correction Procedures. Contractor shall provide the Service Recipients the
864 correct combination of Collection Containers Lnd collecrequency that matches each Service Recipient's
865 unique service needs to enable clean, efficient, -and cost-effective collection of Solid Waste, Recyclable
866 Materials, and Organic Waste. City and Contractor agree that overflow of Solid Waste that is not properly in
867 the Service Recipient's Solid Waste Collection Containers negatively impacts public health and safety.
868 Contractor has also agreedto conduct recycling audits and provide outreach and supportto Service Recipient
869 accounts receiving the correct service level. However, I Service Recipients are found to habitually overflow
870 their Solid Waste Collection Containers, Contractor may take the steps as listed below to correct Service
871 Recipient's gping overflow of Solid Waste.
872 5.12 Prior Arrangements For Collection. If the Service Recipient has made prior arrangements
873 with Contractor for Collection of Solid Waste Overages, Contractor must collect such Overages as arranged,
874 and may charge the Service Recipient the Solid Waste Overage fee (prior arrangement) rate set forth in
875 Exhibit 1.
876 5.13 No Prior Arrangements. If the Service Recipient has not made prior arrangements with
877 Contractor for Collection of Solid Waste Overage, (i) Contractor may collect such Solid Waste Overage at no
878 additional charge as a courtesy, (ii) Contractor may not Collect the Solid Waste Overage and leave a Non -
879 Collection Notice explaining the reason for non -collection of the Solid Waste Overage, (iii) Contractor may
880 Collect the Solid Waste Overage (up to two lifts) and charge the Service Recipient the Solid Waste Overage
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881 fee (no prior arrangement) rate set forth in Exhibit 1 as provided below, or increase the capacity or frequency
882 of Collection of the existing Collection Container(s) to match documented service needs as provided below.
883 In managing Solid Waste Overages, the following apply:
884 5.13.1 SFD Service Recipients — Each Occurrence. For each occurrence Contractor will
885 not collect the Solid Waste Overage if the Collection Container could not be serviced by normal operating
886 procedures or cause spillage upon servicing and Contractor must provide the following written notice via e-
887 mail, U.S. mail, or in person (which may be by Non -Collection Notice) to the Service Recipient: (i) the date,
888 description and photograph of the Solid Waste Overage and document in the Waste Reporting System.
889 Contractors Non -Collection Notice for SFD Service Recipients shall also contain instructions on (a) how to
890 schedule a Bulky Waste Collection or (b) request an additional Collection Container to eliminate future
891 Overages.
892
893
894
895
896
897
898
899
900
901
902
903
904
905
906
907
911
912
913
914
915
916
917
918
919
920
5.13.2 Commercial and MFD/MXD Service Recipients — Each Occurrence. Contractor
must provide a written notice on the Container and may provide a copy of the notice via e-mail, U.S. mail, or
in person (which may be by Non -Collection Notice) to the Service Recipient with the date, description and
photograph of the Solid Waste Overage. Contractor may collect the Solid Waste Overage and may charge
the Service Recipient a Solid Waste Overage fee as set forthin Exhibit 1, and increase the capacity, or
collection frequency of the Collection Container to match documented service needs. At least ten (10)
Business Days prior to increasing the Collection Container size, or frequency of Collection, Contractor's
representative must also contact the Service Redipienfbyphone, U.S. mail, e-mail or in person (which may
be by Non -Collection Notice) to ensure that
must document overage issue in the Waste Repoitir
of any changes in Service . ien't* Collection
capacity or collection frequency will remain in effect
to prevent overages, which may be longer than the
will be in Contractors soliL.Qt�fea_ ' _
level of service. Contractor
stem and notify City within ten (10) Business Days
riner size or collection frequency. The increased
Contractor determines that it is no longer needed
Calendar Year stated above. Such determination
will be subject to the dispute resolution procedure
set forth below. City will consider, and pursue as applicable, appropriate legal remedies against offending
Service Recipients in order to secure discontinuance of the overages.
5.14 Tracking Occurrences of Solid Waste Overage Regarding Sections 5.11 — 5.13 after
twelve (12) months have passed from the last applicable Solid Waste Overage occurrence, the next Solid
Waste Overage occurrence wilibe deemed a first Solid Waste Overage occurrence.
5.15 Disoutes,Over Container Overflow Charges. If Service Recipient disputes a Solid Waste
Overage charge or container size or collection frequency change within 30 days of the disputed action,
Contractor must temporarily halt Solid Waste Overage charge and/or increased Maximum Service Rate
resulting from increasing the Collection Container size or collection frequency, and Contractor may request a
ruling by the City Manager to resolve the dispute. During the pendency of any request, Contractor may restore
Container size or number, or collection frequency, to the prior levels. A request by Contractor to the City
Manager to rule on any such dispute must be filed within ten (10) Business Days of Contractors halting of
Solid Waste Overage charge, or increased Maximum Rate, and must include written documentation and
digital/visual evidence of ongoing overall problems. The City Manager may request a meeting (in person or
phone) with both the Service Recipient and Contractor to resolve the dispute. Following such a meeting, the
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921 City Manager will rule on the dispute within ten (10) Business Days, and the City Manager's decision on
922 resolving the dispute between and Service Recipient will be final. If the City Manager rules in favor of the
923 Service Recipient, Contractor must credit the disputed charge or increased Maximum Service Rate. If the
924 City Manager rules in favor of Contractor, Contractor may charge Service Recipient the prior halted Solid
925 Waste Overage charge and/or increased Maximum Service Rate resulting from increasing the Solid Waste
926 Collection Container size or collection frequency and may follow the steps in Section 7.07 for collection of
927 delinquent accounts.
928 5.16 Ownership of Materials. Except as provided otherwise under Applicable Law, title to
929 Residential Waste, Commercial Solid Waste, Recyclable Materials, and Organic Waste will pass to Contractor
930 at such time as said materials are set out for Collection. - -
931 5.17 Spillage and Litter. Contractor may not litter premises in the process of providing Integrated
932 Solid Waste Handling Services or while its vehicles are on the road. Contractor must transport all materials
933
934
935
936
937
938
939
940
941
942
943
944
945
946
947
948
949
950
951
952
953
954
955
956
957
Collected under the terms of this Agreement in such a manner as to prevent the spilling or blowing of such
materials from Contractor's vehicles. Contractor must exercise all reasonable care and diligence in providing
Integrated Solid Waste Handling Services so as to prevent.spilling or dropping of Residential Waste,
Commercial Solid Waste, Recyclable Materials, or Organic Materials and must immediately, at the time of
occurrence, clean up such spilled or dropped,;Residential Waste, Commercial Solid Waste, Recyclable
Materials, or Organic Materials.
5.17.1 Except as provided in Section 12.03.3, Contractor is not responsible for cleaning up
sanitary conditions caused by the carelessness of the Service Recipient, however, Contractor must clean
up any material or residue that is spiked or scattered by Contractor or its employees.
5.17.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris resulting
from Contractor's operations or equipment repair must be covered immediately with an absorptive material
and removed from the street surface Contractor must document spillage in the Waste Reporting System
and notify City " Fe, ter corWnce coordinator within ninety (90) minutes of any spills resulting from
Contract Aeration uiprrl9.When necessary, Contractor must apply a suitable cleaning agent
and cleaning technique to the street surface to provide adequate cleaning as approved by the City's
stormvililli
mpliance coordor to be compliant with the City's stormwater permit.
' 5.17.3 The above paragraphs notwithstanding, Contractor must clean up any spillage or
litter caused by Contracto{;within ninety (90) minutes upon notice from the City. If City deems necessary,
Contractor must engagg third -party environmental clean-up specialist to remove any equipment oil, hydraulic
fluids, or any other liqu*or debris that remains on street after Contractor's own dean -up efforts. If clean-up
is not conducted to satisfaction of City, City has right to engage environmental clean-up specialist to perform
additional clean-up work at the expense of Contractor. In the event of Contractor's spill or release of a
Hazardous Substance, Contractor is responsible for promptly notifying any federal, State, County, or local
governmental agency having jurisdiction over same as maybe be required under federal, State, County or
local law or regulation.
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958 5.17.4 In the event where damage to City streets is caused by a hydraulic fluid spill (i.e.,
959 any physical damage more than a simple cosmetic stain caused by the spill), Contractor shall be responsible
960 for all repairs to return the street to the same condition as that prior to the spill. Contractor shall be
961 responsible for all clean-up activities related to the spill. Repairs and clean-up shall be performed in a manner
962 satisfactory to the City and at no cost to the City.
963 5.17.5 To facilitate immediate cleanup, Contractor's vehicles must always carry enough
964 petroleum absorbent materials along with a broom and shovel.
965 5.18 Green and Organic Waste Capacity. Contractor shall use commercially reasonable efforts
966 to secure guaranteed capacity for all City Green and Organic Waste for the term of the Agreement using a
967 facility listed in Exhibit 9.
968 5.19 Regulations and Record Keeping. Contractor must comply with emergency notification
969 procedures required by Applicable Laws and regulatory requirements. All records required by regulations
970 must be maintained at Contractor's facility. These records must include waste manifests, waste inventories,
971 waste characterization records, inspection records, incident reports, and training records
972 Article 6. Collection Service Rates
973 6.01 Collection Service Rates. CO�ractor is solely responsible for determining the rates it will
974 charge for providing the Integrated Solid Waste Handling Services, provided that Contractor shall not charge
975 any Service Recipient an amount that exceeds Ze applicable Maximum Service Rate set forth in Exhibit 1,
976 which may only be adjusted as provided: in this Agreement.
977 6.02 Senior/ Low -Income Fount as Ci ctoes Good Will. In exchange for the goodwill of
978 the City and the general 'public, Contractor voluntarily agrees to discount the rate it charges for Integrated
979 Solid Waste Handling Services provide to eligible Service Recipients (the 'Discount") and that the Discount
980 shall neither impact the Maximum Service Rates nor be otherwise paid for or subsidized by any other Service
981 Recipients. Contractor shall make the Discount available to any person who demonstrates through
982 appropriate documentation thatthey are; (1).60 years of age orolder, or (ii) a person of low, lower, or extremely
983 low income, and enrolled in a discounted utility program; and (iii) the service account holder; and (iv) the head
984 of househoWand occupant at the Service Unit address. Within thirty (30) days of the Effective Date,
985 Contractor shall Provide educational materials describing and explaining the availability and how to qualify for
986 and receive the Discount to all persons in the City currently subscribed to a discount rate program. Contractor
987 shall thereafter advertise the availability of the Discounted services on its website throughout the Term of this
988 Agreement and at least once per year by direct notice to all SFD Service Recipients. Adjustments to Maximum
989 Service Rates using CPI. Beginning on July 1, 2024, and annually thereafter, Contractor shall, subject to
990 compliance with all provisions of this Section, receive an annual adjustment to the Maximum Service Rates
991 as set forth in Exhibit 1 to this Agreement.
992 6.03 Maximum Service Rate Adjustment / Prop 218 Process. The Maximum Service Rates in
993 Exhibit 1 shall be adjusted on July 1, 2024, and annually thereafter in accordance with this Section 6.04. No
994 other adjustments shall be made except as provided in Sections 6.06 or 30.01. Contractor understands and
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995 agrees that City may elect to or be required to comply with California Constitution Article XIII D (Proposition
996 218) or other Applicable Law before approving any new maximum service rate or any maximum service rate
997 increase. City shall not be in breach of this Agreement if its residents lawfully delay or prevent City from
998 raising or imposing the rates. In such event, City and Contractor shall meet in good faith to consider
999 alternatives and options, which may include permitting Contractor to terminate the Agreement without cause.
1000 All costs incurred in providing notices required under California Constitution Article XIII D or other applicable
1001 law in connection with a rate adjustment shall be paid by Contractor.
1002 6.03.1 CPI Adiustment Calculation. For Rate Year 2025, beginning on July 1, 2024, and
1003 for subsequent years thereafter, the rates shall be adjusted based on one hundred percent (100%) of the
1004 12 -month average change in the CPI for the 12 -month period published immediately prior to the rate
1005 application. Therefore, the first rate adjustment effective July 1, 2024, will be based on the percentage
1006 change between the 12 -month average of the CPI from January 1, 2022 through December 31, 2022, and
1007 the 12 -month average of the CPI from January 1, 2023 through December 31, 2023. The index to be used
1008 shall be the CUSR0000SEHG02, Garbage and trash collection in U.S. city average, all urban consumers,
1009 seasonally adjusted.
1010
1011
1012
1013
1014
1015
1016
1017
1018
1019
1020
1021
1022
1023
6.03.2 Annual Rate Cap on Maximum Service Rates. In any Rate Year that the calculation
of the CPI exceeds four percent (4%), the total,adjustment for that year will equal four percent (4%) and the
rollover amount will be added to the rate adjustment percentage in the following year, or any subsequent
year. If the CPI is negative (after accounting fo[ apy applicable rollover percentages from prior years), there
will be no CPI adjustment for that year.
6.03.3 Roundiniz. Adjustments to the overall Service Rates shall be made only in units of
one cent ($0.01). Fractions of less than one cent ($0.011), shall not be considered in making adjustments. All
CPI indices shall be rounded at two (2) decimal places for the adjustment calculations.
the Term,
for the sly
may be,{
1024 shall be
1025
1026
1027
1028
1029
6.03.4 MaximumService Rate Adiustment Report. On or before March 1 of each year of
Report contains
to the City. A corrected report submitted after March 1, shall be treated as a late report.
for shall deliverto City a report on its proposed adjustment to the Maximum Service Rates
t cah ear adjustment Report). The Adjustment Report shall be in a format as
agreed on between - the City and Contractor and must contain or be accompanied by
;tment calculations for the specific services performed under this Agreement during the
lent Year in Microsoft Excel or other electronic format acceptable to the City. Contractor
ponsible for fhe cost of preparing the Adjustment Report.
6.03.4.1 Corrections. In the event the City determines the Adjustment
substantial errors or omissions, Contractor shall, at its sole cost, provide a corrected report
6.03.4.2 Late Report. If Contractor fails to submit the Adjustment Report by
March 1, the City may: (1) accept and consider the late Adjustment Report if the City, in its sole and
1030 reasonable discretion, deems there is sufficient time to review and approve the proposed adjustment in
1031 time for it to be implemented on July 1; or (2) accept and consider the late Adjustment Report at its earliest
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1032 convenience, in which case any approved rate adjustment shall only go into effect prospectively thirty (30)
1033 days after the City's approval. In no event shall Contractor apply any rate adjustment retroactively.
1034 6.03.4.3 No Report. If Contractor fails to provide any Adjustment Report,
1035 the Maximum Service Rate shall remain unchanged for the next calendar year.
1036 6.04 City Approval. If Contractor provides a timely Adjustment Report, the City Manager shall
1037 notify Contractor on or before June 1 whether the City has approved the requested adjustments to the
1038 Maximum Service Rates for the next Rate Year. Approval of the City Council shall be required for any
1039 requested rate adjustment of more than four percent (4%) which shall only be permitted pursuant to Section
1040 6.06 [Extraordinary Adjustment] below. The City Manager may approve all other requests or refer them to the
1041 City Council at his or her discretion.
1042 6.05 Contractor payment for CPI review. Contractor shall be responsible for paying the cost of
1043 reviewing or correcting the annual CPI adjustment if the City determines that Contractor has made substantial
1044 errors and has not properly submitted or correctly calculated the CPI adjustment.
1045 6.06 Extraordinary Adjustments. Contractor and City acknowledge that there may be infrequent
1046 extraordinary events, including Change of Law, which, although they do not prevent either party from
1047 performing, and thus do not implicate the force Majeure provisions hereof, nevertheless increase the cost of
1048 providing services above the Section 6.04 Maxi ni Service Rate Adjustment. The obligation of the parties
1049 in such event is to act reasonably toward each other in arriving at an appropriate adjustment in rates.
1050 Accordingly, at its option, Contractor may apply tu,the City not more frequently than once annually, for an
1051 extraordinary rate adjustment should an event or circumstance arise which negatively impacts the economic
1052 operation of Contractor and which is in excess of the rate adjustment resulting from the application of Section
1053 6.04. An extraordinary adjustment in rates will be deemed justified if it is necessary for the Contractor to make
1054 a substantial change in its operations, or substantial capital expenditure or investment to perform its
1055 obligations under this Agreement due to the occurrence of an event or circumstance which is beyond the
1056 reasonable control of Contractor. Extraordinary rate adjustments shall only be effective after approval by the
1057 City Council.
1058 6.06.1 ContWdor's Buftlen. In the event of such an application for an extraordinary rate
1059 increase t:rs,understood that the Contractor shall have the burden of demonstrating to the reasonable
1060 satisfaction of the City the basis for the extraordinary increase cost. Contractor shall bear the burden of
1061 justifying its request and shall'be solely responsible for the cast of preparing and submitting sufficient
1062 documentation in support of its request. City in its sole reasonable discretion may request Contractor to
1063 provide any additional information it deems necessary to fully evaluate the request, and Contractor shall be
1064 solely responsible for the cost to of providing such additional information. Contractor shall allow City to review
1065 a report of its annual revenues and expenses for the services provided in the City prepared by a Certified
1066 Public Accountant or a licensed public accountant, which shall have been prepared in compliance with Rule
1067 58 of the "Rules and Regulations of the State Board of Accountancy," as established by the California Code
1068 of Regulations, Title 16, Chapter I ("Financial Statements"). Such Certified Public Accountant or licensed
1069 public accountant shall be entirely independent of the Contractor and shall have no financial interest
1070 whatsoever in the business of the Contractor. City shall have the rightto review this information in connection
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1071 with the City's review of Contractor's extraordinary rate adjustment request. With respect to any Financial
1072 Statements or any other non-public information ("Confidential Information'), City agrees that: (a) it will hold
1073 in confidence all Confidential Information; (b) it will restrict the disclosure of Confidential Information within
1074 its own organization and to its agents or representatives who need to know the Confidential Information for
1075 the purposes of the request; (c) it will not disclose Confidential Information to any third party, excepting those
1076 subject to subsection (b), without the prior written consent of the Disclosing Parties; (d) it will not possess,
1077 copy and/or reproduce any written or electronically stored Confidential Information without the prior written
1078 approval of the Contractor; and (e) it will not use Confidential Information except as required for consideration
1079 of the request. City may consider increases or decreases in Contractor's toW,,[enues and total cost of
1080 services when reviewing an extraordinary rate adjustment request. The City will inform the Contractor upon
1081 receiving a California Public Records Act request or a subpoena for the Confidential Information by written
1082 notice delivered to the Contractor ("Notice"). The Contractor will have five (5) days from the date of the
1083 Notice to inform the City in writing of its intent to assert its confidentiality rights under this Agreement. The
1084 Contractor will have fifteen (15) days from the date of the Notice to seek judicial assistance to prevent the
1085 disclosure of the Confidential Information. If the Contractor fails to act within the five (5) or fifteen (15) day
1086 windows described above, the City may disclose the requested Confidential Information to the requestor or
1087 subpoenaing party. In the event Contractor seeks a court order to stay or enjoining the disclosure of the
1088 Records, Contractor agrees to indemnify and hold harmless the, City, its Council, elected and appointed
1089 board or commission members, officers employees, volunteers and agents (collectively, "Indemnitees")
1090 from and against any and all loss, liability, per`alty forfeiture, claim demand, action, proceeding or suit in
1091 law or equity of any and every kind and description, whetherjudicial, quasi-judicial or administrative in nature,
1092 arising or resulting from or in any way connected with the'subject CPRA or FOIA request for the Records.
1093 For the purposes of this Sect .. ecords can records created or maintained by Contractor
1094 in accordance with this Agreement, including those :records that may include Financial Statements or
1095 Confidential Information of Contractor. This Indemnity shall survive the expiration or termination of this
1096 Agreement.
1097 6.06.2 Review Costs. At the time of its request, Contractor shall also submit a payment to
1098 the City of Twenty -Five Thousand Dollars ($25,000) to defray the City's costs to review the request. In the
1099 event ity's reason costs ed that amount, Contractor shall reimburse the City for any
1100 documented amount in excess.
1101 6.06.3 Meet and Confer. The City and Contractor agree to meet and confer regarding the
1102 request and to' negotiate in good faith regarding the appropriateness of the requested adjustment.
1103 6.06.4 , City Review: Approval. City shall review the Contractor's request and, in the City's
1104 sole and reasonable judgment, make the final determination as to whether an adjustment to the Maximum
1105 Service Rates will be made, and, if an adjustment is permitted, the appropriate amount of the adjustment.
1106 Approval of the City Council shall be required for any Extraordinary Adjustments. The City shall notify
1107 Contractor of its decision within ninety (90) calendar days regarding whether it accepts Contractors request
1108 Except as provided herein, any such change approved by the City shall not be implemented until January 1
1109 of the next Rate Year unless a different time frame is approved by the City Council.
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1110 6.07 Five Year Meet and Confer. The City and Contractor agree to meet and confer on or about
1111 five (5) years from the Commencement Date regarding material changes in the cost of providing services that
1112 are substantially more than the rate adjustments resulting from the application of Sections 6.04 and 6.06. If it
1113 is determined that there have been material changes in the cost of providing services, then the City and
1114 Contractor agree to negotiate in good faith regarding appropriate adjustments to the rate. The process for
1115 demonstrating material changes in the cost of providing services shall follow the same process as outlined in
1116 Section 6.06.1.
1117 6.08 Procedures in Event of Invalidation of Rate Adjustment. In the event that City is unable by
1118 operation of Applicable Law to approve or implement a rate increase under this Article 6, or some or all of the
1119 Maximum Service Rates are disallowed by operation of Applicable Law, Contractor will have the right, within
1120 thirty (30) days after notice of any such inability to approve or invalidation of an approved rate increase, to
1121 request, in writing, that City negotiate in good faith regarding reductions in programs, services, or fees to
1122 compensate for any negative impact from the unapproved or invalidated rate increase. If City fails to
1123 commence negotiations in good faith or negotiations are not completed within forty-five (45) days following
1124 the date of receipt of Contractor's request, either party may terminate this Agreement no earlier than one
1125 hundred and eighty (160) days after written notice to the other.
1126 6.09 Market Rate Review. Comrneriging on or about August 1, 2028, and then not more than
1 127 once every five (5) years thereafter, the city shall have the right to conduct a Market Rate Review (MRR) for
1128 purposes of comparing the City's Residential and Commercial rates, net of franchise fees, to the jurisdictions
1129 set forth below, which have been agreed upon by, the Parties.
1130 • Alhambra
1131 • Temple City
1132 • Monterey Park
1133 EI Monte
1134 • Whittier
1135 'West Covina
1136 Baldwin Park
1137 Pasadena.
1138 Arcadia
1139 Within si)hW qWdf Contractor's receipt of a letter from City initiating the MRR. Contractor will
1 140 gather the necessary, ecY tds and will perform the following calculations and report the results to the City.
1141 Contractor shall make 611 records used to make the calculation available for review and verification by City
1142 or City's consultant.
1143 6.09.1 Residential Weighted Average Rate Comparison
1144 1. Adjust the residential rates for the City and the Comparative Jurisdictions
1145 to back out the portion of the rates associated with franchise fees.
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1146 2. Calculate the weighted average residential rate for the City and the
1147 Comparative Jurisdictions.
1148 3. Compare the City's weighted average residential rate to the weighted
1149 average residential rates of the Comparative Jurisdictions.
1150 4. If the City's weighted average residential rate is less than or equal to the
1151 weighted average residential rate of the Comparative Jurisdictions then the City's residential rate may be
1152 adjusted as authorized provided for in this Agreement.
1153 5. If the City's weighted average residenglIft is more than the weighted
1154 average residential rate of the Comparative Jurisdictions then City's .. entI*es may not be adjusted
1155 as otherwise provided for in this Agreement until the City's weighttpd 606rage res I rate is less than or
1156 equal to the weighted average residential rate of the Comparative Jurisdictions.
1157 6.09.2 Commercial 3 -Yard Bin Serviced One Time per Week Rate Comparison
1158 1. Compare the City's rate for a 3 -yard trash bin rate serviced one time per week to
1159 the rate for a 3 -yard trash bin serviced one time per week in each of the Comparable Jurisdictions.
1 160 2. If the City's rate fon yard trash bin serviced one time per week is less than or
1161 equal to the highest rate for a 3 -yard trash bin serviced one tirne per week in the Comparative Jurisdictions
1162 then City's commercial rates may be adjusted . he r in this Agreement.
1163 3. If 's r a 3 -yard trash bin serviced onetime per week is more than the
1164 highest rate fora 3-yardolllh bin serves one tim week in the Comparative Jurisdictions then City's
1165 Commercial rates mai be increa ,Wtherwise ided for in this Agreement until the City's rate for
1166 a 3 -yard trash bin serviced one time perweekts less than or equal to the highest rate for a 3 -yard trash bin
1167 serviced one time per week in the Comparative Jurisdictions.
1168 Article 7. Collection Service Billing
1169 7..01 Responsibility for Collection Service Billing and Collection. Contractor shall be solely
1170 responsible for.the billing and "collecting payments for the Integrated Solid Waste Handling Services it
1171 provides within the,Service Area.
1172 7.02 Invoices. Contractor shall prepare and send out invoices, by either U.S. mail or electronic
1173 mail, to each Service Recipient in advance of all services provided by Contractor under this Agreement. If
1174 sent by mail, invoices for each billing period shall be placed in a separate envelope accompanied by a self -
1175 addressed return envelope. All invoices shall include Contractors e-mail address include directions for
1176 payment by payment by check, credit card, or Automated Clearing House (ACH) debit, and shall include or
1177 be accompanied by a complete billing statement showing all charges and all services provided. City shall
1 178 have the right to direct Contractor to revise the format of all invoices and billing statements upon reasonable
1179 notice to Contractor.
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1180 7.03 Timina: Frequency. Contractor shall not initiate billing to any Service Unit sooner than the
1181 first day of the service period of Collections Services covered by the invoice. Contractor shall invoice Service
1182 Recipients once every month for Commercial Service Units, MFD Service Units and MXD Service Units and
1183 once every Quarter for SFD Service Units. No invoice shall be due and payable sooner than the last day of
1184 the respective month or Quarter for which Integrated Solid Waste Handling Services are provided.
1185 7.04 Partial Month Service. If, during a month, a Service Unit is added to or deleted from
1186 Contractor's Service Area, Contractor shall pro -rate billing to the Service Recipient on a weekly basis,
1187 meaning one-fourth of the applicable rate found in Exhibit 1 multiplied by the number of weeks of service
1188 provided by Contractor.
1189 7.05 Overpayments. Contractor shall refund or issue a service credit for overpayments by
1190 Service Recipients no later than 30 days after Contractor discovers or is notified of the overpayment.
1 191 Contractor shall refund every overpayment that: (1) exceeds two hundred dollars ($200.00) or the amount of
1192 Service Recipient's typical invoice, whichever is less; or (2) i§AWo the Service Recipient dip the account
1193 prior to the end of the billing period. Contractor may issue service credit of no more than two (2) years
1194 against future invoices for all other overpayments.
1195 7.06 Delinquent Service Accounts. Contractor shall report all Service Recipients whose
1196 accounts are delinquent by more than ninety (99,dals) to the Agreement Administrator on a monthly basis.
1197 7.07 Contractor's Reservation of I Rid . deme, es. Notwithstanding any other
1198 provision of this Article, Contractor reserves its right to, and may take such action as is legally available to
1199 Contractor, to collect or cause collection of past due invoice amounts; provided, however, that Contractor
1200 shall never discontinue Integrated Solid Waste Handling Services to any Service Unit except upon thirty (30)
1201 days prior written notice to both the Service Recipient and the Agreement Administrator. Contractor may send
1202 a written notice to Service Recipient regarding;p yments of Billings during the billed service period.
1203 7.08 City Rights to LienDelinauent Accounts: Residential Delinquencies.
1204 7.08.1 Delinquent SFD and MFD Service Accounts. For health and safety reasons,
1205 Contractor shall not discontinueservice to SFD Service unit or MFD Service Unit Customers or a Residential
1206 property that is not Unoccupied as provided above. City is authorized to collect delinquent Integrated Solid
1207 Waste Handling fees in the manner provided by section 25831 and 38790.1 of the Government Code.
1208 T08.-2, Upon the written request of Contractor, the City authorizes and agrees to assist
1209 Contractor in submitting account delinquency information to the Los Angeles County Assessor's Office for
1210 placement on the tax roll. By submitting a written request, Contractor assigns its right to collect the
1211 delinquencies to the City.
1212 7.08.3 Contractor agrees not to discontinue service to SFD Service Unit or MFD Service
1213 Unit Customers. SFD Service Unit or MFD Service Unit Customers (owners or tenants) who have not
1214 remitted required payment within one hundred twenty (120) days after the date of billing shall be notified by
1215 Contractor on forms that contain a statement that if payment is not received within fifteen (15) days from the
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1216 date of the notice, a ten percent (10%) penalty and one point five percent (1.5%) monthly interest will begin
1217 to accrue and the City will be informed of the delinquency in an annual report. Contractor will deliver a report
1218 of the delinquencies by no later than April 30th of each year with a request that the City place the
1219 delinquencies on the tax roll. City is authorized to collect delinquent solid waste fees or charges in the
1220 manner provided in sections 38790.1 and 25831 of the Government Code. To implement Contractor's
1221 request, City will fix a time, date and place for hearing the report and any objections and protests to the
1222 report. As determined in the sole discretion of the City, Contractor shall mail notice of the hearing to the
1223 SFD Service Unit or MFD Service Unit Customers listed on the report not less than ten (10) days prior to the
1224 date of the hearing. At the hearing, City shall hear any objections or protests of SFD Service Unit or MFD
1225 Service Unit Customers liable to be assessed for delinquent fees. The City may make revisions or
1226 corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.
1227 7.08.4 The delinquent fees set forth in the report as confirmed, shall constitute special
1228 assessments against the respective parcels of land and are a lien on the property for the amount of the
1229 delinquent fees. A certified copy of the confirmed report shall be fled with the Los Angeles County Auditor
1230 for the amounts of the respective assessments against the respective parcels of land as they appear on the
1231 current assessment roll. The lien created attaches upon recordation, in the office of the Los Angeles County
1232 Recorder, of a certified copy of the resolution of confirmation. The assessment may be collected at the same
1233 time and in the same manner as ordinary ad valorem property taxes are collected and shall be subject to
1234 the same penalties and the same procedure'trO, sale in case of delinquency as provided for those taxes.
1235 Contractor understands and agrees that the Gity has no obligation to foreclose on the lien for any
1236 delinquency. Contractor shall pay all fees charged by Los Angeles County in connection with the
1237 establishment of this secured tax roll billing and collection program and shall pay all direct and indirect costs
1238 incurred by the City in processing delinquent and unpaid assessments through the secured property tax roll
1239 procedure. City shall remit to Contracor:within thirty (30) days of receipt from the Los Angeles County
1240 Assessor of amounts collected pursuant to this. process. Contractor shall notify the City in the event any
1241 delinquency on the report or for which a lien ha°s`been created is paid or otherwise resolved.
1242 7.08.5 With respect to placement of account delinquencies on the tax roll made in
1243 accordance with the above -provisions, Contractor, upon demand of the City, made by and through the City
1244 Attorney, shall indemnify, hold harmless,- protect City and appear in and defend the City and its elected
1245 officials officers, employees and agents, in and against any claims or actions by third parties, whether
1246 judicial, administrative or otherwise, including, but not limited to disputes and/or litigation challenging the
1247 placement on the tax roll, levy, collection, or remittance of any delinquent rate, fee, charge, interest, penalty,
1248 or other amount on'thetaxrpll'or any lien associated with the foregoing, as impermissible general tax, special
1249 tax, assessment, or fee requiring compliance with any provision of Article XIII of the California Constitution,
1250 the various enabling and implementing statutes, or as being an ultra vires act, or is invalid under or otherwise
1251 contrary to any federal, state, or local law, ordinance, regulation, or decision of a court of competent
1252 jurisdiction; and/or challenging the certification, implementation, imposition, adjustment, levy or collection of
1253 any rate, fee, charge, interest, penalty or other amount under the Agreement. This provision shall survive
1254 the expiration of the period during which collection services are to be provided under this Agreement. In the
1255 event of an adverse legal determination or settlement of such action, the parties agree to cooperate and
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1256 work in good faith to prepare such amendments or alternatives to the Agreement that will implement the
1257 original intent of the Parties while complying with any adverse legal determination or settlement.
1258
Article 8. Diversion Requirements
1259 8.01 Warranties and Representations. Contractor warrants that it is aware of and familiar with
1260 City's waste stream, and that it has the ability, and shall use commercially reasonable efforts to provide and
1261 employ sufficient programs and services to ensure City will meet or exceed City's Diversion goals
1262 requirements (including, without limitation, amounts of Solid Waste to be Diverted, time frames for Diversion,
1263 and any other requirements) as set forth in this Article, Applicable Law, and CalRecycle Regulations, and that
1264 Contractor will do so without imposing any costs or fees other than those set forth in Exhibit 1, except as
1265 provided in Section 30.01.1. Contractor hereby agrees to assist the City to meet or exceed, on an annual
1266 basis the Diversion Compliance by undertaking the actions set forth in Section 8.02.
1267 8.02 Contractor Required Actions. Contractor shall take all of the following actions to assist the
1268 City in meeting, on an annual basis, Diversion Compliance:
1269 8.02.1 Except for Organic Waste collected from homeless encampments or material
1270 subject to quarantine by the California Department of Food & Agriculture, and except as provided in Sections
1271 5.06 and 5.10, collect and deliver all OrgaOc Waste to an approved Organics Processing Facility for
1272 processing and Diversion.
1273 8.02.2 Except as provided in Sections 5.06 and 5.10, Collect and deliver all Recyclable
1274 Materials to an approved MRF, or other certified .recycling facility, for processing Collect and deliver all
1275 Garbage to an approved Disposal Facility/.',
1276 8.02.3 Collect and deliver all Construction and Demolition Debris to an approved MRF (or
1277 other certified C&D facility that meets California i6iquirements of 65% minimum diversion) for processing and
1278 diversion.
1279 8.02.4 Deliver all material set out for collection in Cart, Bins or Roll -Off Containers identified
1280 as containing source separated Recyclable Material to an approved MRF for processing and diversion.
1281 ,;8.02.5 Deliverall material set out for collection in Cart, Bins or Roll -Off Containers identified
1282 as containing source separated Organic Waste to an approved Organic Waste Processing Facility for
1283 processing and divesion.
1284 8.02.6 Only Residual or material in Garbage Carts or Garbage Bins will be delivered to the
1285 approved landfill for disposal. All other material must go to the designated facility for full processing and
1286 diversion, with Residual only going to the landfill after the processing.
1287 8.02.7 Contractor must take all commercially reasonable and lawful actions to maximize
1288 diversion of materials from landfills.
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1289 8.02.8 Contractor must develop and provide sufficient accurate information and data as
1290 necessary to ensure that Contractor and City annually demonstrate Diversion Compliance to CalRecycle.
1291 8.02.9 Contractor must implement public education and outreach programs as required
1292 under this Agreement.
1293 8.03 Annual Reporting. Contractor shall calculate the Diversion Compliance Rate on an annual
1294 basis and shall deliver a written report regarding the same to the City no later than February 14 of the year
1295 following the reporting period as set forth in Section 22.04.
1296 8.04 Failure of Recvclables Market. Notwithstanding any other, provision of this Agreement to
1297 the contrary, where CalRecycle has determined that there are no commercially viable markets for a specific
1298 type of Recyclable Materials, or with written notice to City, Contractor is unable to identify a market for one or
1299 more Recyclable Materials despite the exercise of commercially, reasonable efforts to process and market
1300 the material, and determines to dispose of the RecyclableMaterial(s), such a determination shall not
1301 constitute a failure to implement service, a failure to implement a program, or an event of default hereunder.
1302 8.05 Failure to Meet Franchised Diversion Rate. If CalRecycle determines that City has failed
1303 to meet the Diversion Compliance due to Co tractor's failurel Wertake the actions described in this
1304 Section, Contractor must prepare, at Contra and expense submit a corrective action plan to
1305 City sufficient to demonstrate good faith efforts by CO to comply with Diversion Compliance and that is
1306 otherwise acceptable to CalRecycle, and shall be subject to Administrative Charges as allowed under Article
1307 25 and specified in Exhibit 6. Contractor must also submit a written corrective action plan to the City before
1308 March 15 of the year followingo minimu ersion requirement. Contractor's corrective action
1309 plan must specify all actions Contractor will take to ensure it will meet Diversion Compliance Rates in the
1310 future, and shall be subject to the review"and approval by the Agreement Administrator. Contractor must
1311 implement all measures identified in the corrective action plan at its sole cost and expense, unless the failure
1312 to meet Diversion Compliance was due to a Change in Law or due to the negligent acts or omissions of the
1313 City. If Contractor fails to submit an adequate corrective action plan or to fully implement a City -approved
1314 corrective action plan, it shall subject Contractor to Administrative Charges as allowed under Article 25 and
1315 specified in Exhibit 6 in addition to any other remedies available to the City.
1316 8.06' Representations and Warranties. Contractor represents and warrants that it is aware of
1317 and familiar with the Diversion 'Compliance, the Applicable Laws and City's waste stream. Contractor
1318 represents and warrants that It has the capacity, skill and ability to undertake the actions identified in Section
1319 8.02 above without imposing any costs or fees other than those set forth in the Schedule of Service Rates,
1320 as may be adjusted as provided for in this Agreement. Where the Diversion Compliance is modified by a
1321 Change in Law, Contractor agrees to develop and implement such actions, programs and measures as are
1322 necessary to bring City into compliance with the modified Diversion Compliance and City agrees that it will
1323 meet and confer with Contactor for a period not to exceed ninety (90) days regarding such actions, programs
1324 and measures, their implementation, and adjustments to rates reasonably necessary to effectuate same in
1325 accordance with Section 30.01.
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1326 8.07 Mutual Cooperation. City and Contractor shall each reasonably cooperate in good faith
1327 with all efforts of the other Party to meet City's Diversion requirements under Applicable Law and the
1328 Contractor's obligations under this Article. City's obligations in this regard shall include, without limitation,
1329 making such petitions and applications as may be reasonably requested by Contractor for time extensions in
1330 meeting Diversion goals, or other exceptions from the terms of Applicable Laws, and to agree to authorize
1331 such changes to Contractor's Recycling, Organic Waste, or Solid Waste programs as may be reasonably
1332 requested by Contractor in order to achieve the minimum requirements of this Article.
1333 8.08 Contractor's Diversion Programs. Contractor shall implement the Diversion programs
1334 required under this Agreement to ensure that City and Contractor comply with all Diversion requirements
1335 under Applicable and the City meets or exceeds all minimum Diversion requirements under Applicable Law.
1336 Contractor shall furthermore, at its sole cost and expense, (1) assist the City to respond to inquiries from, or
1337 prepare for and attend any hearing before, CalRecycle or any otwpegulatory age ,Lelating to the City's
1338 compliance with Applicable Law; prepare for and participate ' Recycle' s review",* City's SRRE.;
1339 apply for any extension available under Applicable Law; develop and implement a public awareness and
1340 education program consistent with the City's SRRE and Household Hazardous Waste Element and any
1341 related requirements of Applicable Law; (2) Provide the Citylwith Recycling, source reduction, and other
1342 technical assistance as may be needed to comply with Applicable Law; and (3) advise the City of additional
1343 programs or measures Contractor can, if author[zed by the City, implement to increase compliance with the
1344 Diversion requirements of Applicable Law.
1345 8.09 New Diversion Programs. If Contractor fails to meet any Diversion Compliance requirement
1346 or the City fails to meet any Cal,501111KPiversion ' " nt notw(fttanding Contractor's implementation
1347 of all Diversion and public education programs as required by this Agreement, the City may direct Contractor
1348 to modify its Diversion and public education, programs or implement new programs. Such modifications may
1349 constitute a City -Directed Change under"Section 30.01.. Contractor shall not implement new Diversion
1350 programs not described in gr f ms's prior consent.
1351 8.10 Nothing contained herein shall prohibit Contractor from meeting its diversion requirements
1352 by any alternative methods or procedures, provided it complies with Applicable Law, as may be amended
1353 from time to time. Contrail bility *Joeet its diversion requirements by alternative methods per this
1354 Section 8.05 is subject to Agreement Administrator review and approval.
1355 Article 9. Service Unit Types
1356 9.01 Servioe:Units. Service Units include all the following categories of premises which are in
1357 the Service Area as of August 1, 2023 and all such premises which may be added to the Service Area by
1358 means of annexation, new construction, or as otherwise set forth in this Agreement during term of this
1359 Agreement:
1360 9.01.1 SFD Service Units. Services are specified in Article 10.
1361 9.01.2 MFD Service Units. Services are specified in 10.12.1.
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1362 9.01.3 Commercial Service Units. Services are specified in Article 12.
1363 9.01.4 Mixed-use Development (MXD) Service Units. Services are specified in Article 13.
1364 9.01.5 City Service Units. Services are specified in Article 14.
1365 9.01.6 Any question as to whether a premise falls within one of these categories will be
1366 determined by the Agreement Administrator and the determination of the Agreement Administrator will be
1367 final.
1368 9.02 Service Unit Changes. City and Contractor acknowledge. that during the term of this
1369 Agreement it may be necessary or desirable to add or delete Service Units for which Contractor will provide
1370 Service.
1371 9.02.1 Additions and Deletions. Contractor must provide services described in this
1372 Agreement to new Service Units in Contractor's Service Area within five (5) Work Days of receipt of notice
1373 from City or the new Service Unit to begin such Service.
1374 9.03 Annexation. If during term of the Agreement, additional territory within or adjacent to the
1375 Contractor's Service Area is acquired by City through annexation, subject to the requirements of Public
1376 Resources Code section 49520, Contractor agrees to provide Integrated Solid Waste Handling Services in
1377 such annexed area in accordance with the provisions and Maximum Service Rates set forth in this Agreement
1378 after termination of former contractor's rights to pfte SJWIWAW exhausted. Such Integrated Solid
1379 Waste Handling Services must begin within five (5) Wpfk Days of receipt of written notice from City. Contractor
1380 may not begin Collection Service without written authorization from City.
1381 9.04 Route Mao Update. Contractor must revise the Service Unit route maps to show the
1382 addition of Service Units added due to annexation and must provide such revised maps to the Agreement
1383 Administrator as requested
1384 Article 10. Residential Service
1385 10.01 SFD Conditions of Service. Except as set forth below, Contractor must provide SFD
1386 Collection Services to all SFD Units in the Service Area, including all MFD Units subscribed to Cart or Bin
1387 Collection Service.:The SFD Services are governed by the following terms and conditions:
1388 10.01:'1 Curb Service. Except for those Service Recipients that choose to receive Bins for
1389 service, Contractor must provide SFD Collection Service to all SFD Service Units in the Service Area whose
1390 SFD Solid Waste is properly containerized in Garbage Carts, Recyclable Materials are properly
1391 containerized in Recycling Carts, except as set forth in Section 10.08.1; Organic Wastes are properly
1392 containerized in Organic Waste Carts, except as set forth in Section 10.09.3, where the Garbage, Recycling,
1393 and Organic Waste carts have been placed within three (3) feet of the curb, swale, paved surface of the
1394 public roadway, closest accessible roadway, or other such location agreed to by Contractor and Service
1395 Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and vehicle.
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1396 10.01.2 Bundled SFD Cart Service. Contractor will use a weekly Bundled SFD Solid Waste
1397 Collection Service system with one (1) 96 -Gallon Black or Grey Garbage Cart, one (1) 96 -Gallon Blue
1398 Recycling Cart, and one (1) 96 -Gallon Green Organic Waste Cart as part of the base SFD Solid Waste
1399 Collection Service. SFD Service Recipients shall receive additional Recycling Carts and additional Organic
1400 Waste Carts to be included at no additional cost, if requested. Garbage, Recycling, and/or Organic Waste
1401 Carts with a capacity of 32 -Gallon or 64 -Gallon may be requested by Customers that have space constraints.
1402 Pricing for downsizing Carts, or additional Carts, relative to the base Bundled Service are included in Exhibit
1403 1.
1404 10.01.3 On -Premises Service. Notwithstanding any term or definition set forth in this
1405 Agreement, Contractor must provide Collection of SFD Garbage, Recycling, and Organic Waste on the SFD
1406 Service Recipients premises to an SFD Service Unit as follows.
1407 10.01.3.1 At no additional cost to the SFD Service Unit. SFD Service Units
1408 where all adult Service Recipients residing therein have disabilities that prevent them from setting their
1409 Garbage, Recycling or Organic Waste Cart at the curb for Collection, and if a request for on -premises
1410 service has been made.
1411 10.01.3.2 At an additional cost to the SFD Service Unit
1412 A. SFD Service Units where topography, steep.. driveways, below grade dwellings, or
1413 limited access to public streets that prevents the SFD Service Recipient from setting their Garbage,
1414 Recycling or Organic Waste Cart at the curb for Collection, as determined by the City and agreed by the
1415 Contractor, and if a request for on -premises service has been made.
1416 B. SFD Service Units inaccessible by standard 3 or 4 axe[ Collection Vehicles as
1417 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the
1418 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult
1419 or impossible to access using regular trash collection trucks.
1420 C. ' Contractor Epust offer 'push services" to SFD Service Recipients other than those
1421 listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push services
1422 include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers
1423 from their: storage location for Collection and returning the Collection Containers back to their storage
1424 location.
1425 10.01.3.3 Contractor must provide on -premises Collection Service on the
1426 same Work Day that curbside Collection would otherwise be provided to the SFD Service Unit.
1427 10.02 Frequency and Scheduling of Service. Except as set forth in Section 10.10, SFD Collection
1428 Service must be provided one (1) time per week on a scheduled route basis. SFD Collection Service must be
1429 scheduled so that all Service Units receive Garbage Collection Service, Recycling Collection Service, and
1430 Organic Waste Collection Service on the same Work Day. SFD Collection Service must be provided,
1431 commencing no earlier than 7:00 a.m. and terminating no laterthan 7:00 p.m., Mondaythrough Friday, except
1432 for Holidays in accordance with Section 5.03. The hours, day, or both of Collection may be extended due to
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1433 extraordinary circumstances or conditions with the prior verbal or written consent of the Agreement
1434 Administrator.
1435 10.03 Manner of Collection. The Contractor must provide Collection Service with as little
1436 disturbance as possible and must leave any Garbage, Recycling or Organic Waste Cart in an upright position
1437 at the same point it was Collected without obstructing alleys, roadways, driveways, sidewalks or mail boxes.
1438 Contractor's employees providing Collection Service must follow the regular walk for pedestrians while on
1439 private property and may not trespass nor cross property to the adjoining premises unless the occupant or
1440 owner of both properties has given permission. Care should be taken to prevent damage to property, including
1441 flowers, shrubs, and other plantings.
1442 10.04 New Carts and Kitchen Food Waste Pails. At the start of this Agreement, Contractor must
1443 supply new Carts and Kitchen Food Waste Pails that comply with Collection Container specifications in Exhibit
1444 4. If any changes to these specifications are adopted after the Effective Date that results in Contractor being
1445 required to replace Collection Containers before they have been fully depreciated, Contractor will be eligible
1446 for additional compensation in accordance with Exhibit 1.
1447 10.05 Replacement of Carts. Contractor's employees must take care to prevent damage to Carts
1448 by unnecessary rough treatment. However, any Cart damaged by.the Contractor must be replaced by
1449 Contractor, at Contractor's expense, within five (5),Work Days at no cost or inconvenience to the Service
1450 Recipient.
1451 10.05.1 Upon notification to Contractor by City or;a Service Recipient that the Service
1452 Recipient's Cart(s) has been maged OW repair through no fault of Contractor, Contractor
1453 must deliver a replacement Cart(s) to such Service Recipient within five (5) Work Days. Contractor must
1454 maintain records documenting all Cart replacements occurring and report through the Waste Reporting
1455 System monthly.
1456 10.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or
1457 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except
1458 in the case' of a Cart that must be replaced because of damage caused by Contractor or in the case where
1459 Contractor elects to replace a Cart rather than repair it on-site, Contractor will be compensated for the cost
1460 of those replacements in excess of one (1) per type of Cart per Service Recipient during the term of the
1461 Agreement, i rdance wile "Cart Exchange" Service Rate set forth in Exhibit 1, or as may be adjusted
1462 by the City from time to time as provided under this Agreement.
1463 10.05.3 Contractor understands and agrees that this provision is intended to be applied on
1464 a per Cart type, individual Service Recipient basis and accordingly each Service Recipient could receive up
1465 to three (3) replacement Carts, one (1) of each type, every ten (10) years during the term of the contract.
1466 10.05.4 Repair of Garbage. Recycling and Organic Waste Carts. Contractor is responsible
1467 for the repair of Carts, including but not be limited to, hinged lids, wheels and axles. Within five (5) Work
1468 Days of notification by the City or a Service Recipient of the need for such repairs, Contractor must repair
1469 the Cart or if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service Recipient.
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1470 10.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that
1471 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient
1472 within five (5) Work Days. Each SFD Service Unit is eligible to receive one (1) free Cart exchange per
1473 Calendar Year during the term of this Agreement for moving to a larger Cart size. Each SFD Service Unit is
1474 eligible to receive unlimited Cart exchanges per Calendar Year during the term of this Agreement for moving
1475 to a smaller Cart size. Accordingly, Contractor will be compensated only for the cost of those exchanges in
1476 excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in accordance with
1477 the "Cart Exchange" service rate as set forth in Exhibit 1 or as may be adjusted this Agreement.
1478 10.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service
1479 Recipient that additional Black or Grey Carts for Garbage, Blue Carts for Recyclable Materials, or Green
1480 Carts Organic Waste are requested, Contractor shall deliver such Cartsto such Service Recipient within five
1481 (5) Work Days, at the rate set forth in Exhibit 1.
1482 10.05.7 Ownership, of Carts. Ownership of Carts is vested in the Contractor.
1483 10.06 Cleaning of Collection Containers. Once each Calendar Year, if requested by the SFD
1484 Service Recipient, Contractor must replace the dirty Collection.. Containers with clean Collection Containers.
1485 Any Collection Container cleanings done at a Contractor facility must be done in such a manner that results
1486 in no water entering the City's storm drain s enace mustlWvided at no charge to the Service
1487 Recipient, so long as the service is not requested morelhan, once per Calendar Year. In addition, regardless
1488 of whether or not this cleaning is requested by the'Service Recipient, Contractor will ensure that all Collection
1489 Containers are cleaned on an as -needed basis so as to maintain a clean appearance and proper function.
1490 Additional cleanings beyond once each Calendar Ye'arwill be subject to the Service Rate set forth in Exhibit
1491 1.
1492 10.07 SFD Garbage Collection Service. This service is governed by the following terms and
1493 conditions:
1494 10.07.1 Non -Collection. Contractor is not required to Collect any Garbage that is not placed
1495 in a Garbage Cart. In the event of non -collection, Contractor will follow the steps set forth in Section 5.10.
1496 10.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of
1497 performing Integrated Solid Waste Handling Services must be transported to, and disposed of, at the
1498 Disposal Facilities listed in Exhibit 9. In the event the Disposal Facility is closed on a Work Day, Contractor
1499 must transport and dispose of the Garbage at another legally permitted Disposal Facility. Failure to comply
1500 with this provision will result in the levy of a penalty as specified in Exhibit 6 and may result in Contractor
1501 being in default under this Agreement.
1502 10.08 SFD Recycling Service. This service is governed by the following terms and conditions:
1503 10.08.1 Overages. Corrugated cardboard that will not fit inside the Recycling Cart may be
1504 placed beside the Recycling Cart if flattened.
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1505 10.08.2 Recycling - Imorooer Procedure. The Contractor is not required to Collect
1506 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid Waste
1507 or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are
1508 contaminated through commingling with Solid Waste or Organic Waste. To address contamination,
1509 Contractor must follow the steps set forth in Section 5.07.
1510 10.08.3 Materials Recovery Facility. Except as provided in Section 5.07, all Recyclable
1511 Materials collected as a result of performing recycling services must be delivered to the Materials Recovery
1512 Facility listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified
1513 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to
1514 materials processing and marketing will be the sole responsibility of Contractor. City has the right to
1515 designate Materials Recovery Facility.
1516 10.08.4 Move In/Out Collection Service. Within three (3) months of opening a new account,
1517 at no additional charge, each SFD customer may request that Contractor provide one on-call Move-In/Out
1518 Recyclable Material Collection Service for recyclable packaging materials such as flattened cardboard
1519 boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service for each new
1520 account. This service shall only include Recyclable Materials, and in the event that the Service Recipient
1521 includes Garbage in the materials set out for CAllection by Contractor, this service shall be counted as one
1522 of the SFD Service Recipient's free annual Bti114yWaste.Collections as set forth in Section 10.10.
1523 10.08.5 Recycling - Changes to Services. Should changes in Applicable Law arise that
1524 necessitate any additions or deletions to the services described in this Section 10.08, including the type of
1525 items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will enter
1526 into an Agreement amendment covering such modifications to the services to be performed and the
1527 compensation to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions
1528 to such services.
1529 10.09 SFQ Oroanic Waste Collection Service. This service is governed by the following terms
1530 and conditions:
1531 10.09.1 Organic. Waste Processing Services. Contractor must ensure that all Organic Waste
1532 Collected pursuant to this Agreement is diverted from the landfill in accordance with Applicable Law.
1533 Contractor must ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in
a r;.
1534 a landfill, except for residpe.resulting from processing. If the organics processing facility accepts bagged
1535 organic waste (where bags are biodegradable or otherwise), then Contractor is obligated to accept bagged
1536 Organic Waste.
1537 10.09.2 Organic Waste Processing Facility. Contractor must deliver all Collected Organic
1538 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Transfer Station, that has
1539 been listed in Exhibit 9 and agreed upon by the City. All expenses related to Organic Waste processing and
1540 marketing will be the sole responsibility of Contractor. Failure to comply with this provision will result in the
1541 levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement.
1542 City has the right to designate Organic Waste Processing Facility.
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1543 10.09.3 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb
1544 for Collection during the three-week period beginning December 26`h each year during the term of this
1545 Agreement. Contractor must deliver the Collected Holiday Trees to an appropriate Organic Waste
1546 Processing Facility for Diversion through uses other than Alternative Daily Cover or Beneficial Use. This
1547 annual service will be provided at no additional charge to the Service Recipient. Contractor is not required
1548 to divert Holiday Trees with tinsel, flocking or ornaments.
1549 10.09.4 Non -Collection. Contractor is not required to Collect Organic Waste if the Service
1550 Recipient does not segregate the Organic Waste from Solid Waste or Recyclable Materials. Furthermore,
1551 Contractor is not required to Collect Organic Wastes that are contaminated through commingling with Solid
1552 Waste or Recyclable Materials. Contractor will address contamination in accordance with Section 5.07.
1553 10.09.5 Home Compost Bins. Contractor shall store, promote, and distribute a maximum of
1554 500 Home Compost Bins per Calendar Year to be used by Service Recipients to compost Organic Waste.
1555 Contractor is responsible for purchase of Home Compost Bin's delivered to Contractors OWof storage.
1556 10.10
1557 conditions:
1558
1559
1560
1561
1562
1563
1564
1565
1566
1567
1568
1569
1570
1571
1572
1573
SFD Bulky Waste Collection Service. This service is governed by the following terms and
10.10.1 Conditions of Servo.I contractor must provide SFD Bulky Waste Collection
Service, and the collection of E -Waste and UWaste;-to"all SFD Service Units in the Service Area whose
Bulky Waste, E -Waste, and U -Waste have been placed within -three (3) feet of the curb, Swale, paved surface
of the public roadway, closest accessible roadway, or other such location agreed to by Contractor and
Service Recipient, that will provide safe and effcient,accessibility to Contractor's Collection crew and vehicle.
Up to five (5) times per Calendar Year each Service Recipient is entitled to receive Bulky Waste disposal
amounting to a combined annual maximum of the equivalent of (a) five (5) Bulky Items, or (b) ten (10) 32 -
gallon bags at no additional cost and expense For subsequent collection in any Calendar Year, the
Contractor shall receive compensation from the'customer at the rate for such service as set in Exhibit 1.
10.102 Freguencv of Service. Bulky Waste Collection Service will be provided on the next
regular Collection day if the: request is received at least two (2) Work Days in advance of the next regular
Collection day. The Service Recipient may not intentionally commingle residential Bulky Waste with other
Residential Waste.
10:10.3 Bulky Waste Containing Freon. In the event Contractor Collects Bulky Waste that
contain Freon, Contractor, must handle such Bulky Waste in a manner such that the Bulky Waste are not
subject to regulation ashazardouswaste under applicable State and Federal laws or regulations.
1574 10, 10.4 Maximum Reuse and Recycling. Contractor must dispose of Bulky Waste collected
1575 from Service Units pursuant to this Agreement in accordance with the following hierarchy:
1576 10.10.4.1
1577 10.10.4.2
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Reuse as is (where energy efficiency is not compromised)
Disassemble for reuse or Recycling
Page 44 of 128
1578 10.10.4.3 Recycle
1579 10.10.4.4 Disposal
1580 10.10.5 Disposal of Bulky Waste. Contractor may not landfill such Bulky Waste unless the
1581 Bulky Waste cannot be reused or recycled.
1582 10.10.6 City Direction of Bulky Waste. City reserves the right to direct Contractor to take
1583 specific types of Bulky Waste Collected pursuant to this Section to designated sites not more than twenty
1584 (20) miles from any City boundary for the purpose of reuse or recycling at no cost. Contractor has no
1585 obligation to dispose of the Bulky Waste residue remaining at the directed site or sites after scavengers and
1586 recyclers have removed reusable or recyclable Bulky Waste.
1587 10.11 Sharos Collection Program. Home generated sharps, such as needles, syringes, and
1588 lancets shall be placed in a sharps container and removed 4rom the regular waste stream to minimize
1589 exposure to Solid Waste workers and Recyclable Materials processors. To ensure sharps are handled in an
1590 appropriate manner, Contractor shall provide, upon request, each SFD Service Recipient with up to one
1591 postage -paid mail -back sharps container per year at no additional cost. Seniors shall be provided with up to
1592 two postage -paid mail -back sharps containers, per year at no additional cost. In addition, Contractor shall
1593 promote this program in newsletters and in other forms of outreach as determined by City. Additionally,
1594 Contractor shall provide to the City on an annual basis not less than 200 postage -paid mail -back Sharps
1595 containers for City staff to distribute at special events.
1596 10.12 Extended Producer ResponsibilitvDiversion Program. Contractor shall provide a minimum
1597 of two City-wide electronic waste, textile, carpet, and mattress collection drives on an annual basis. Contractor
1598 will schedule collection events with City approval and advertise the drop-off events not less than one week
1599 prior to the scheduled collection event, but no more than one month prior to the scheduled collection event.
1600 All textile, carpet and mattresses Collected through this program shall be diverted from the landfill either
1601 through donation to a local non-profit organization or through other means of Diversion.
1602 10.12.1 Temoorary Bin and Box Service. Contractor shall provide temporary Bin and Box
1603 service, including Construction and Demolition Debris Bins, to SFD Service Recipients. Contractor shall
1604 deliver such Bin or Box within one Business Day of request. The Contractor shall receive compensation for
1605 Temporary Bin and Box Service from the customer at the rate for such service as set in Exhibit 1.
1606
1607 Article 11. MFD Service
1608 11.01 MFD Conditions of Service. Except as set forth below, Contractor must provide MFD
1609 Collection Services to all MFD Units in the Service Area. The MFD Services are governed by the following
1610 terms and conditions:
1611 11.01.1 Bundled MFD Cart Service. Except for those Service Recipients that choose to
1612 receive Bins for service, Contractor must provide MFD Collection Service to all MFD Service Units in the
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1613 Service Area whose MFD Solid Waste is properly containerized in Black/Grey Garbage Carts, Blue
1614 Recyclable Materials are properly containerized in Recycling Carts, except as set forth in Section 11.08.1;
1615 Organic Wastes are properly containerized in Green Organic Waste Carts, except as set forth in Section
1616 11.09.5, where the Garbage, Recycling, and Organic Waste carts have been placed within three (3) feet of
1617 the curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location
1618 agreed to by Contractor and Service Recipient, that will provide safe and efficient accessibility to Contractor's
1619 Collection crew and vehicle.
1620 11.01.2 Bundled MFD Bin Service. Contractor must provide MFD Solid Waste Collection
1621 Service to MFD Service Units in the Service Area that choose to receive Bins for service. MFD Collection
1622 Service shall be provided in Garbage Bins at the size and frequencyas requested by the MFD Service
1623 Recipient, and including at no additional cost one (1) 96 -Gallon Blue Recycling Cart and one (1) 32 -Gallon
1624 Green Organic Waste Cart as part of the base bundled MFD Collection Service. Additional services may be
1625 requested by the MFD Service Recipient. To be exempted from MFD Recycling Service or MFD Organic
1626 Waste Collection Service, Service Recipient must apply for exemption to the Contractor. All such exemption
1627 applications must be reported in the Waste Reporting System and approved by the City. Additional Collection
1628 Containers or different size Collection Containers are subject to the applicable Service Rate set forth in
1629 Exhibit 1.
1630 11.01.3 On -Premises Service., Notwithstanding arty. term or definition set forth in this
1631 Agreement, Contractor must provide Collection ofMFD Garbage, Recycling, and Organic Waste on the MFD
1632 Service Recipients premises to an MFD Service Unit as follows.
1633 11.01.3.1 - At no additional cost to the MFD Service Unit. MFD Service Units
1634 where all adult Service Recipients residing therein have disabilities that prevent them from setting their
1635 Garbage, Recycling or Organic Waste Cart at the curb for Collection, and if a request for on -premises
1636 service has been made.
1637 11.01.3.2 At an additional cost to the MFD Service Unit.
1638 a. MFD Service Units where topography, steep driveways, below grade dwellings, or
1639 limited access to public streets that prevents the MFD Service Recipient from setting their Garbage,
11
1640 Recycling,or Organic Waste Cart at the curb for Collection, as determined by the City and agreed by the
1641 Contractor; arld,if a request for on -premises service has been made.
1642 b. MFD Service Units inaccessible by standard 3 or 4 axe[ Collection Vehicles as
1643 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the
1644 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult
1645 or impossible to access using regular trash collection trucks.
1646 C. Contractor must offer `push services" to MFD Service Recipients other than those
1647 listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push services
1648 include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers
1649 from their storage location for Collection and returning the Collection Containers back to their storage
1650 location.
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1651 11.01.3.3 Contractor must provide on -premises Collection Service on the
1652 same Work Day that curbside Collection would otherwise be provided to the MFD Service Unit.
1653 11.02 Freguency and Scheduling of Service. This service must be provided as deemed
1654 necessary and determined between Contractor and the MFD Service Unit, but such service must be received
1655 no less than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection
1656 service scheduled to fall on a holiday may be rescheduled as determined between the Service Unit and
1657 Contractor as long as the minimum frequency requirement is met. The size of the container and the frequency
1658 (above the minimum) of Collection will be determined between the MFD Service Unit and Contractor.
1659 However, size and frequency must be sufficient to provide that no Solid Waste need be placed outside the
1660 Collection Container. Contractor must provide containers as part of the; Commercial Collection Maximum
1661 Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own Compactor provided
1662 that the Service Recipient is completely responsible for its proper maintenance, and such Compactor is of a
1663 type that is compatible with Contractor's equipment. All other Collection Containers used by Service
1664 Recipients must be owned and supplied by Contractor.
1665 11.03 Manner of Collection. The Contractor must provide Collection Service with as little
1666 disturbance as possible and must leave any Garbage, Recycling. or Organic Waste Cart in an upright position
1667 at the same point it was Collected without obstructing alleys, roadways, driveways, sidewalks or mail boxes.
1668 Contractor's employees providing Collection S# t follow the regular walk for pedestrians while on
1669 private property and may not trespass nor cross property to the adjoining premises unless the occupant or
1670 owner of both properties has given permission. Care -should15 ken: to prevent damage to property, including
1671 flowers, shrubs, and other plantings.
1672 11.04 New Carts and Kitchen Food Waste Pails. At the start of this Agreement, Contractor must
1673 supply new Carts and Kitchen Food Waste Pails that comply with Collection Container specifications in Exhibit
1674 4. If any changes to these specifications are adopted after the Effective Date that results in Contractor being
1675 required to replace Collection Containers before they have been fully depreciated, Contractor will be eligible
1676 for additional compensation in accordance with Section 6.07.
1677 11:05 Re placement of CartsIontractors employees must take care to prevent damage to Carts
1678 by unnecessary rough treatment. However, any Cart damaged by the Contractor must be replaced by
1679 Contractor'`at Contractor's expen"se, within five (5) Work Days at no cost or inconvenience to the Service
1680 Recipient.
1681 11.05:1 Upon notification to Contractor by City or a Service Recipient that the Service
1682 Recipient's Cart(s) ha8een stolen or damaged beyond repair through no fault of Contractor, Contractor
1683 must deliver a replacement Cart(s) to such Service Recipient within five (5) Work Days. Contractor must
1684 maintain records documenting all Cart replacements occurring and report through the Waste Reporting
1685 System monthly.
1686 11.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or
1687 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except
1688 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where
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1689 Contractor elects to replace a Cart rather than repair it on-site, Contractor will be compensated for the cost
1690 of those replacements in excess of one (1) per type of Cart per Service Recipient during the term of the
1691 Agreement, in accordance with the "Cart Exchange" Service Rate set forth in Exhibit 1, or as may be adjusted
1692 by the City from time to time as provided under this Agreement.
1693 11.05.3 Contractor understands and agrees that this provision is intended to be applied on
1694 a per Cart type, individual Service Recipient basis and accordingly each Service Recipient could receive up
1695 to three (3) replacement Carts, one (1) of each type, every ten (10) years during the term of the contract.
1696 11.05.4 Repair of Garbage. Recycling and Organic Waste Carts. Contractor is responsible
1697 for the repair of Carts, including but not be limited to, hinged lids, wheels and axles. Within five (5) Work
1698 Days of notification by the City or a Service Recipient of the need for such repairs, Contractor must repair
1699 the Cart or if necessary, remove the Cartfor repairs and deliver a replacement Cart to the Service Recipient.
1700 11.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that
1701 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient
1702 within five (5) Work Days. Each MFD Service Unit is eligible to receive one (1) free Cart exchange per
1703 Calendar Year during the term of this Agreement for moving to a larger Cart size. Each MFD Service Unit is
1704 eligible to receive unlimited Cart exchanges ped Calendar Year during the term of this Agreement for moving
1705 to a smaller Cart size. Accordingly, ContractorwilJ;be compensated only for the cost of those exchanges in
1706 excess of one (1) per Calendar Year for those'Service Units receiving larger Cart sizes, in accordance with
1707 the "Cart Exchange" service rate as set forth in Exhibit 1 or as may be adjusted this Agreement.
1708 11.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service
1709 Recipient that additional Carts for Garbage, Recyclable Materials, or Organic Waste are requested,
1710 Contractor shall deliver such Carts to such Service Recipient within five (5) Work Days, at the rate set forth
1711 in Exhibit 1.
1712 ,11.05,7 Ownership of Carts. Ownership of Carts is vested in the Contractor.
1713 11.06 Cleaning ofCollectionContainers. Once each Calendar Year, if requested by the MFD,
1714 Contractormustclean all Collection Containers or must replace the dirty Collection Containers with clean
1715 Collection Containers. Any Collection Container cleanings done at a Contractor facility must be done in such
1716 a manner thAft4ts in no wa ntering the City's storm drain system. This service must be provided at no
1717 charge to the Service. Recipient, so long as the service is not requested more than once per Calendar Year.
1718 In addition, regardless "of whether or not this cleaning is requested by the Service Recipient, Contractor will
1719 ensure that all Collection Containers are cleaned on an as -needed basis so as to maintain a clean appearance
1720 and proper function. Additional cleanings beyond once each Calendar Year will be subject to the Service Rate
1721 set forth in Exhibit 1.
1722 11.07 MFD Garbage Collection Service. This service is governed by the following terms and
1723 conditions:
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1724 11.07.1 Non -Collection. Contractor is not required to Collect any Garbage that is not placed
1725 in a Garbage Cart. In the event of non -collection, Contractor will follow the steps set forth in Section 5.10
1726 11.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of
1727 performing Integrated Solid Waste Handling Services must be transported to, and disposed of, at the
1728 Disposal Facilities listed in Exhibit 9. In the event the Disposal Facility is closed on a Work Day, Contractor
1729 must transport and dispose of the Garbage at another legally permitted Disposal Facility. Failure to comply
1730 with this provision will result in the levy of a penalty as specified in Exhibit 6 and may result in Contractor
1731 being in default under this Agreement.
1732
1733
1734
1735
1736
1737
1738
1739
1740
1741
1742
11.08 MFD Recycling Service. This service is governed by the following terms and conditions:
11.08.1 Conditions of Service. Contractor must provide MFD Recycling Service to all MFD
Service Units in the Service Area whose Recyclable Materials are properly containerized in Recycling
Collection Containers except as set forth below, where the Recycling Collection Containers are accessible.
The Maximum Service Rates for Contractor's MFD Re Services Wset forth in Exhibkl.
11.08.2 Base MFD Recycling Service. All MFD Service Recipients subscribing to MFD Solid
Waste Collection Service must receive weekly. collection of Recycling Materials with a minimum of at least
one 96 -gallon Recycling Cart per Service Recjpient and included in the Bundled Rate set forth in Exhibit 1.
The actual configuration of Recycling CollectionContainer sizes to be provided will be based on the total
equivalent volume and configured in a manner determined by the Service Recipient in consultation with
Contractor.
1743 11.08.3
1744 placed beside the Recyi
rages. Corrugated cardboard that will not fit inside the Recycling Cart may be
Cart if flattened.
1745 11.08.4 Recycling..- .Imbroper. Procedure. The Contractor is not required to Collect
1746 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid Waste
1747 or Organic Waste. Furthermore,.. Contractor is not required to Collect Recyclable Materials that are
1748 contaminated through commingling with Solid Waste or Organic Waste. To address contamination,
1749 Contractor must follow the steps, set forth in Section 5.07.
1750 :11.08.5 Materials Recovery Facility. Except as provided in Section 5.07, all Recyclable
1751 Materials collect'
d;as a result of performing recycling services must be delivered to the Materials Recovery
1752 Facility listed in Exhibit 9, Failure to comply with this provision will result in the levy of a penalty as specified
1753 in Exhibit 6 and may 'result in Contractor being in default under this Agreement. All expenses related to
1754 materials processing and marketing will be the sole responsibility of Contractor. City has the right to
1755 designate Materials Recovery Facility.
1756 11.08.6 Move In/Out Collection Service. Within three (3) months of opening a new account,
1757 at no additional charge, each MFD customer may request that Contractor provide one on-call Move-In/Out
1758 Recyclable Material Collection Service for recyclable packaging materials such as flattened cardboard
1759 boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service for each new
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1760 account. This service shall only include Recyclable Materials, and in the event that the Service Recipient
1761 includes Garbage in the materials set out for Collection by Contractor, this service shall be counted as one
1762 of the MFD Service Recipient's free annual Bulky Waste Collections as set forth in Section 11.10.
1763 11.08.7 Recycling - Changes to Services. Should changes in Applicable Law arise that
1764 necessitate any additions or deletions to the services described in this Section 11.08, including the type of
1765 items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will enter
1766 into an Agreement amendment covering such modifications to the services to be performed and the
1767 compensation to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions
1768 to such services.
1769 11.09 MFD Organic Waste Collection Service. This service is governed by the following terms
1770 and conditions:
1771 11.09.1 Base MFD Organic Waste Service. All MFD Service Recipients subscribing to MFD
1772 Garbage Collection Service must receive weekly collection of the equivalent volume of at least one (1) 32-
1773 gallon Green Organic Waste Cart per Service Recipient included in the Bundled Service rate. The actual
1774 configuration of Organic Waste Collection Container sizes to be provided will be based on the total equivalent
1775 volume and configured in a manner determined by the Service Recipient in consultation with Contractor.
1776 Contractor may charge for MFD Organic Waste Collection as set forth in, Exhibit 1 for MFD Organic Waste
1777 Service greater than the base 32 -gallon Organic Waste Cart.
1778 11.09.2 Size and Frequency of Service. This service will be provided as deemed necessary
1779 and determined between Contractor and the Service Recipient, but such service must be received no less
1780 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection Service
1781 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and
1782 Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin or Cart
1783 at the option of the Service Recipient The size of the container and the frequency (above the minimum) of
1784 Collection will be determined between the customer and Contractor. However, size and frequency must be
1785 sufficient to provide that no OrganicWasteneeds be placed outside the Collection Container. Service
1786 Recipients may own and provide their own Compactor provided that the Service Recipient is completely
1787 responsible for its proper maintenance, and such Compactor is of a type that is compatible with Contractor's
1788 equipment: All„other Collection Containers used by Service Recipients must be owned and supplied by
1789 Contractor.
1790 1109;3'iOrcanic Waste Processing Services. Contractor must ensure that all Organic Waste
1791 Collected pursuant to' this Agreement is diverted from the landfill in accordance with Applicable Law.
1792 Contractor must ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in
1793 a landfill, except for residue resulting from processing. If the organics processing facility accepts bagged
1794 Organic Waste (where bags are biodegradable or otherwise), then Contractor is obligated to accept bagged
1795 Organic Waste.
1796 11.09.4 Organic Waste Processing Facility. Contractor must deliver all Collected Organic
1797 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Transfer Station, that has
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1798 been listed in Exhibit 9 and agreed upon by the City. All expenses related to Organic Waste processing and
1799 marketing will be the sole responsibility of Contractor. Failure to comply with this provision will result in the
1800 levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement.
1801 City has the right to designate Organic Waste Processing Facility.
1802 11.09.5 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb
1803 for Collection during the three-week period beginning December 26" each year during the term of this
1804 Agreement. Contractor must deliver the Collected Holiday Trees to an appropriate Organic Waste
1805 Processing Facility for Diversion through uses other than Alternative Daily Cover or Beneficial Use. This
1806 annual service will be provided at no additional charge to the Service Recipient. Contractor is not required
1807 to divert Holiday Trees with tinsel, flocking or ornaments.
1808 11.09.6 Non -Collection. Contractor is not required to Collect Organic Waste if the Service
1809 Recipient does not segregate the Organic Waste from Solid Waste or Recyclable Materials. Furthermore,
1810 Contractor is not required to Collect Organic Wastes that are contaminated through commingling with Solid
1811 Waste or Recyclable Materials. Contractor will address contamination in accordance with Section 5.07.
1812 11.10 MFD Bulky Waste Collection Service. This service is governed by the following terms and
1813 conditions:
1814 11.10.1 Conditions of Servlce��Contractor,must provide.. MFD Bulky Waste Bulky Item
1815 Collection Service, including the collection of E -Waste and.U-Waste, to all MFD Service Units in the Service
1816 Area whose Bulky Waste, E -Waste, and U -Waste have been placed within three (3) feet of the curb, swale,
1817 paved surface of the public roadway, closest accessible roadway, or other such location agreed to by
1818 Contractor and Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection
1819 crew and vehicle. Upon property manager request up to five (5) times per Calendar Year each Service
1820 Recipient is entitled to receive Bulky Item disposal amounting to a combined annual maximum of the
1821 equivalent of (a) six (6) Bulky Items or (b) ten (10) 32 -gallon bags at no additional cost and expense. For
1822 subsequent collection in any Calendar Year, the Contractor shall receive compensation from the customer
1823 at the rate for such service as set in Exhibit 1.
1824 11.10.2 Freauencv of Service. Bulky Item Bulky Waste Collection Service will be provided
1825 on the nextregular Collection day if the request is received at least two (2) Work Days in advance of the
51
1826 next regular Collection day. The Service Recipient may not intentionally commingle residential Bulky Waste
1827 with other Residential Waste.
1828 11.10.3 Bulky Waste Containing Freon. In the event Contractor Collects Bulky Waste that
1829 contain Freon, Contractor must handle such Bulky Waste in a manner such that the Bulky Waste are not
1830 subject to regulation as hazardous waste under applicable State and Federal laws or regulations.
1831 11. 10.4 Maximum Reuse and Recycling. Contractor must dispose of Bulky Waste collected
1832 from Service Units pursuant to this Agreement in accordance with the following hierarchy:
1833 11.10.4.1 Reuse as is (where energy efficiency is not compromised)
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1834 11.10.4.2 Disassemble for reuse or Recycling
1835 11.10.4.3 Recycle
1836 11.10.4.4 Disposal
1837 11.10.5 Disposal of Bulky Waste. Contractor may not landfill such Bulky Waste unless the
1838 Bulky Waste cannot be reused or recycled.
1839 11.10.6 City Direction of Bulky Waste. City reserves the right to direct Contractor to take
1840 specific types of Bulky Waste Collected pursuant to this Section to designated sites not more than twenty
1841 (20) miles from any City boundary for the purpose of reuse or recycling at no cost. Contractor has no
1842 obligation to dispose of the Bulky Waste residue remaining at the directed site or sites after scavengers and
1843 recyclers have removed reusable or recyclable Bulky Waste.
1844 Article 12. Commercial Service
1845 12.01 Commercial Conditions of Service. Except as set forth below, Contractor must provide
1846 Commercial Collection Services to all Commercial Service Units in the Service Area, including MXD Service
1847 Units and those City Service Units listed in Exhibit 3, MFD Units serviced with Bins will abide by the guidelines
1848 listed in this Section but are serviced as part of,,ttie Residential Collection Service. This service is governed
1849 by the following terms and conditions: ;t
1850 12.01.1 Provision of Service. Contractor must provide Commercial Garbage Collection
1851 Service, Commercial Recycling Service and Commercial Organic Waste Collection Service to all
1852 Commercial Service Units Service Units in the Service Area whose Solid Waste, Recyclable Materials, and
1853 Organics Waste are properly containerized in Collection Containers as appropriate where the Collection
1854 Containers are accessible as set forth in Section 12.01.4. Contractor must offer Garbage, Recyclable
1855 Materials, and .Organic Waste Carts in 32, 64, and 96 -gallon sizes. Contractor must offer Garbage and
1856 Recyclable Materials Bins in 1, 2; 3, 4, and 6 -cubic yard sizes and 1, 2, and 3 -cubic yard sizes for Organic
1857 Waste Bins. Contractor may offer Roll -off Containers in 10, 20, 30, and 40 -cubic yard sizes, and Collection
1858 from Compactors. The size of the container and the frequency (above the minimum) of Collection will be
1859 determined .between the Service Recipient and Contractor. However, the size and frequency must be
1860 sufficient to provide that no Garbage, Recyclable Materials, or Organic Waste need be placed outside the
1861 Collection Container. The base"Commercial Collection Service will include Commercial Recycling Service
1862 as described in Section 12,04.2 below, and Commercial Organic Waste Collection Service as described in
1863 Section 12.05.5 below.
1864 12.01.2 Bundled Service. For the Commercial Solid Waste Collection Service system,
1865 Contractor shall provide Garbage Bins as requested by the Commercial Service Recipient, and including at
1866 no additional cost one (1) 96 -Gallon Blue Recycling Cart and one (1) 32 -Gallon Green Organic Waste Cart
1867 service as part of the base bundled Commercial Collection Service. Additional services may be requested
1868 by the Commercial Service Recipient. To be exempted from Commercial Recycling Service or Commercial
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1869 Organic Waste Collection Service, Service Recipient must apply for exemption to the Contractor. All such
1870 exemption applications must be reported in the Waste Reporting System and approved by the City.
1871 12.01.3 Hours of Collection. Commercial Collection Service must be provided commencing
1872 no earlier than 6:00 a.m., and terminating no later than 7:00 p.m., Monday through Saturday, except for
1873 Holidays. If the Commercial Collection Service is adjacent to Residential Premises, then collection service
1874 will be provided no earlier than 7:00 a.m. Monday through Friday and 8:00 a.m. on Saturday. The hours,
1875 day, or both of Collection may be extended due to extraordinary circumstances or conditions with the prior
1876 verbal or written consent of the Agreement Administrator.
1877 12.01.4 Accessibility. Contractor must Collect all Collection Containers that are readily
1878 accessible to Contractor's crew and vehicles and not blocked. However, Contractor must provide 'push
1879 services" and'stinger/scout truck services" as necessary upon request during the provision of Commercial
1880 Collection Services for the Service Rate set forth in Exhibit 1. Push services include, but are not limited to,
1881 dismounting from the Collection Vehicle, moving the Collection Containers from their storage location for
1882 Collection and returning the Collection Containers back to their storage location. Stinger/scout truck services
1883 provide for the retrieval of Collection Containers from locations with accessibility constraints that make
1884 Containers difficult or impossible to access using regular trash' collection trucks.
1885 12.01.5 Manner of Collection. Contractor must provide Commercial Collection Service
1886 consistent with Section 8.36.030 of the City Municipal Code with as little disturbance as possible and must
1887 leave any Collection Container at the same point it originally located without obstructing alleys, roadways,
1888 driveways, sidewalks or mail boxes.
1889 12.02 New Containers. At the start of this Agreement, Contractor must supply new Carts and new
1890 Bins and Roll -off Containers in good condition that comply with Collection Container specifications in Exhibit
1891 4. If any changes to these specifications are ?dopted after the Effective Date that results in Contractor being
1892 required to replace Collection Containers before they have been fully depreciated, Contractor will be eligible
1893 for additional compensation in accordance with Section 30.01.1.
1894 12.02.1 Purchase and. Distribution of Collection Containers for New Commercial Service
1895 Units. Contractor must also distribute new Collection Containers as specified in Exhibit 4 to new Commercial
1896 and MFD/MXD Service Units that are added to Contractor's Service Area during the term of this Agreement.
1897 The size and mix,of the Collection Containers will be in accordance with the service agreement obtained by
1898 Contractor as sefforth in this Agreement and the distribution must be completed within five (5) Work Days
1899 of receipt of the requestfor service.
1900 12.02.2 Replacement of Collection Containers. Contractor's employees must avoid damage
1901 to Collection Containers by unnecessary rough treatment. Any Collection Container damaged by the
1902 Contractor must be replaced by Contractor, at Contractor's expense, within five (5) Work Days at no cost or
1903 inconvenience to the Service Recipient.
1904 12.02.2.1 Each Commercial Service Unit is entitled to the replacement of
1905 one (1) lost, destroyed, or stolen Garbage, Recycling, and Organic Collection Container during the initial
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1906 term of this Agreement at no cost to the Service Unit. Accordingly, Contractor will be compensated for the
1907 cost of those replacements in excess of one (1) Garbage, Recycling, and Organic Collection Container per
1908 Commercial Service Unit during the initial term of the Agreement, in accordance with the 'Collection
1909 Container Exchange" Service Rate, as appropriate, set forth in Exhibit 1. Contractor must deliver a
1910 replacement Collection Container to such Service Unit within five (5) Work Days,
1911 12.02.3 Repair of Collection Containers. Contractor is responsible for repair of Collection
1912 Containers. Within five (5) Work Days of notification by City or a Service Recipient of the need for such
1913 repairs, Contractor must repair the Collection Container or if necessary, remove the Collection Container for
1914 repairs and deliver a replacement Collection Container to the Service Recipient. Collection Container repair
1915 also includes the removal of graffiti from the Collection Container.
1916 12.02.4 Collection Container Exchange. Upon notification to Contractor by City or a Service
1917 Recipient that a change in their Collection Containers is required, Contractor must deliver such Collection
1918 Containers to such Service Recipient within five (5) Work Days. Each Commercial Service Unit is eligible to
1919 receive one (1) free Collection Container exchange per Calendar Year during the term of this Agreement.
1920 Contractor is allowed to charge the Service Unit for the cost of those exchanges in excess of one (1)
1921 Collection Container exchange per Calendar Year, in accord he appropriate "Collection Container
1922 Exchange" service rate set forth in Exhibit 1 as, may be adjusted by City under this Agreement. Additional
1923 Collection Containers or different size Collection Containers are subjectto the applicable Service Rate set
1924 forth in Exhibit 1.
1925 12.02.5 Ownership of Collection Containers Ownership of Collection Containers distributed
1926 by Contractor is vested in Contractor
1927 12.02.6 Cleaning of Collection Conta)ners. Once each Calendar Year, if requested by the
1928 Commercial Service Unit, Contractormust clean all Collection Containers or must replace the dirty Collection
1929 Containers with clean Collection Containers. AnyCollection Container cleanings done at Contractor facility
1930 must be done in such a mannerthat results in no water entering the City's storm drain system. This service
1931 must be provided at no charge to theService Unit, so long as the service is not requested more than once
1932 per Calendar Year. In addition, regardless of whether or not this cleaning is requested by the Service Unit,
1933 Contractorwillensure that all Collection Containers are cleaned on an as -needed basis so as to maintain a
1934 clean appearance and properfunction. Additional cleanings beyond once each Calendar Yearwill be subject
1935 to the Service Rate set forth in Exhibit 1.
1936 12.03
1937 12.03.1 Conditions of Service. Contractor must provide Commercial Garbage Collection
1938 Service to all Commercial Service Units in the Service Area whose Garbage is properly containerized in
1939 Garbage Collection Containers, where the Garbage Collection Containers are accessible.
1940 12.03.2 Size and Freouencv of Service. This service must be provided as deemed
1941 necessary and determined between Contractor and the Commercial Service Unit, but such service must be
1942 received no less than one (1) time per week with no exception for holiday(s) as set forth herein, except that
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1943 Collection service scheduled to fall on a holiday may be rescheduled as determined between the Service
1944 Unit and Contractor as long as the minimum frequency requirement is met. The size of the container and
1945 the frequency (above the minimum) of Collection will be determined between the Commercial Service Unit
1946 and Contractor. However, size and frequency must be sufficient to provide that no Solid Waste need be
1947 placed outside the Collection Container. Contractor must provide containers as part of the Commercial
1948 Collection Maximum Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own
1949 Compactor provided that the Service Recipient is completely responsible for its proper maintenance, and
1950 such Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers
1951 used by Service Recipients must be owned and supplied by Contractor.
1952 12.03.3 Non -Collection. Contractor is not required to Collect any Commercial Solid Waste
1953 that is not placed in a Garbage Collection Container unless such Commercial Solid Waste is outside the
1954 Garbage Collection Container because of overflow. In the event of non -collection or overflow, Contractor
1955 must follow the steps as set forth in Section 5.13.
1956 12.03.4 Disposal Facility. All Solid Waste collected as a result of performing Commercial
1957 Solid Waste Integrated Solid Waste Handling Services must be transported to, and disposed of, at the
1958 Disposal Facility. In the event the Disposal Facility is closed on a Work Day, Contractor must transport and
1959 dispose of Solid Waste at another legally permisted disposal facility.Failure to comply with this provision will
1960 result in the levy of a penalty as specified imEit 6 and may result in Contractor being in default under
1961 this Agreement. City has the right to designate`Dispos`al'Facility and agfees to adjust Maximum Service
1962 Rates to reflect City's exercise of flow control ri
1963 12.04 Commercial Recycling Service. This service is governed by the following terms and
1964 conditions:
1965 12.04.1 Conditions of Service -Contractor must provide Commercial Recycling Service to all
1966 Commercial Service Units in the Service Area"Whose Recyclable Materials are properly containerized in
1967 Recycling Collection Containers except as set forth below, where the Recycling Collection Containers are
1968 accessible: The Maximum Service Rates for Contractors Commercial Recycling Services are set forth in
1969 Exhibit 1.
1970 1 112.04.2 Base' -Commercial Recycling Service. All Commercial Service Recipients
1971 subscribing io Commercial Solid Waste Collection Service must receive weekly collection of Recycling
1972 Materials with a minimum of at least one 96 -gallon Blue Recycling Cart per Service Recipient at no additional
1973 cost as part of the base service and included in the Bundled Rate set forth in Exhibit 1. The actual
1974 configuration of Recycling Collection Container sizes to be provided will be based on the total equivalent
1975 volume and configured in a manner determined by the Service Recipient in consultation with Contractor.
1976 12.04.3 Size and Frequency of Service. This service will be provided as deemed necessary
1977 and determined between Contractor and the Service Recipient, but such service must be received no less
1978 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service
1979 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and
1980 Contractor as long as the minimum frequency requirement is met. Service may be provided by Collection
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1981 Container at the option of the Service Recipient. The size of the Collection Container and the frequency
1982 (above the minimum) of Collection will be determined between the Service Recipient and Contractor.
1983 However, size and frequency must be sufficient to provide that no Recyclable Materials need be placed
1984 outside the Collection Container. Contractor may charge for Commercial Recycling Services above the
1985 weekly trash volume equivalent and must provide Recycling Collection Containers as a part of the Bundled
1986 Service with rates set forth in Exhibit 1. Service Recipients may own and provide their own Compactor
1987 provided that the Service Recipient is completely responsible for its proper maintenance, and such
1988 Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers used
1989 by Service Recipients must be owned and supplied by Contractor.
1990 12.04.4 Recycling - Improver Procedure. Contractor is not required to Collect Recyclable
1991 Materials if the Service Recipient does not segregate the Recyclable Materials from Commercial Solid Waste
1992 and Organic Waste. Furthermore, Contractor is not required to collect Recyclable Materials that are
1993 contaminated through commingling with Solid Waste or Organic Waste. To address contamination,
1994 Contractor must follow the steps as set forth in Section 5.07."
1995 12.04.5 Materials Recovery Facility. All Recyclable Materials Collected as a result of
1996 performing Recycling Services must be delivered to the MaterialsRecovery Facility listed in Exhibit 9. Failure
1997 to comply with this provision will result in the,leuy of a penalty as specified in Exhibit 6 and may result in
1998 Contractor being in default under this Agreement. All expenses related to materials processing and
1999 marketing will be the sole responsibility of Contractor. City has the right to designate Materials Recovery
2000 Facility and agrees to adjust Maximum Service los to _ erase of flow control rights.
2001 12.04.6 Recycling Changes to Work Should changes in law arise that necessitate any
2002 additions or deletions to the work described herein including the type of items included as Recyclable
2003 Materials, the parties will negotiate any necessary dost changes and will enter into an Agreement
2004 amendment covering such modifications to the.xrork to be performed and the compensation to be paid in
2005 accordance with Section 30 01.1 before undertaking any changes or revisions to such work.
2006 12 04.7 Compliance with AB 341 & SB 1383. Contractor will develop and maintain its
2007 Commercial Recycling Service in a manner designed to assist City and the Service Recipients to achieve
2008 and maintain compliance with the Applicable Law, inclusive of AB 341 and SB 1383. Contractor will notify
2009 Commercial Service Recipients of the requirements to comply with the laws by November 2023, and not
2010 less than annually thereafter, Contractor must provide the necessary volume of Collection Service to
2011 Commercial Service Units to be in full compliance with the Applicable Law. In conjunction with the City's
2012 ordinance supportingfull 'compliance with the Applicable Law, inclusive of AB 341 and SB 1383 by
2013 Commercial Service Units (i.e.. "generators"), Contractor will conduct in-person outreach to all non -
2014 participating commercial covered generators a minimum of once per calendar year. Failure to conduct such
2015 outreach will result in a penalty as specified in Exhibit 6.
2016 12.14.8 Additional Recycling Collection containers. Contractor must provide additional
2017 Recycling Collection Containers to Commercial Service Recipients above the minimum requirements within
2018 five (5) days of request and may charge for such additional capacity set forth in Exhibit 1 provided that
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2019 additional Collection Containers are used by Service Recipients for the purposes of setting out additional
2020 Recyclable Materials for regular weekly Commercial Recycling Service.
2021 12.05 Commercial Organic Waste Collection Service. This service is governed by the following
2022 terms and conditions:
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
12.05.1 Conditions of Service. Contractor must provide Commercial Organic Waste
Collection Service to all Commercial Service Units in the Service Area whose Organic Waste is properly
containerized in Organic Collection Containers, where the Organic Waste Collection Containers are
accessible. Contractor will conduct a site visit with each non-exempt Service Recipient to determine the
specific materials to be included the Service Recipient's Organic Waste gAMW (i.e., Food Waste, Green
Waste, combined Food and Green Waste). Contractor will charge for collection of Organic Waste within the
Bundled Service rate specified in Exhibit 1. For Organic Waste collected in Collection Containers beyond
the size specified in the Bundled Service rate, Contractor will charge at the rate set forth in Exhibit 1.
Contractor agrees that not all Service Units will elect to receive Organic Waste Collection Service in Carts,
and that Contractor will provide Organic Waste Collection Bins upon request and as necessary. Service
Recipients may elect to add Green Waste only Collection Bins to their service at pricing included in Exhibit
1. Contractor will provide a sufficient number of Collection Containers and at a collection frequency to allow
for any such Service Unit to utilize the collecton,.:of Organic Waste. Commercial Organic Waste Collection
will occur Monday through Saturday upon req'Uestend'as necessary. city shall provide Contractor a list of
the names and addresses of Commercial Service,Units that are approved by City for exemption from Organic
Waste Collection.
12.05.2
Collected pursuant to
2041
Contractor must ensure that
2042
a landfill, except for residue
2043
organic waste, then Contra
inic WasteProcessing Services. Contractor must ensure that all Organic Waste
agreement is,diverted from the landfill in accordance with Applicable Law.
the Organic Waste Collected pursuant to this Agreement is not disposed of in
resulting from processing. If the organics processing facility accepts bagged
dor is obligated to accept bagged Organic Waste.
2044 12.05.3 Organic Waste Processing Facility. Contractor must deliver all Collected Organic
2045 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Organic Waste transfer
2046 station listed in Exhibit 9. Failure: to comply with this provision will result in the levy of a penalty as specified
2047 in Exhibit `B `and may result in Contractor being in default under this Agreement. All expenses related to
2048 Organic Waste processing and marketing will be the sole responsibility of Contractor. City has the right to
2049 designate Organiic Waste Processing Facility and agrees to adjust Maximum Service Rates to reflect City's
2050 exercise of flow control rights.
2051 12.05.4 Organic Waste Collection Freguencv. Contractor must comply with CalRecycle
2052 collection frequency requirements as they may apply during the term of this Agreement. If any such changes
2053 to collection frequency are adopted after Effective Date that result in Contractor being allowed to reduce the
2054 frequency of Garbage or Organic Waste Collection, or otherwise cause Contractor to reduce its collection
2055 costs as a result in a change in Garbage or Organic Waste collection frequency, Contractor must provide
2056 City with its estimate of reduced its costs and shall make adjustments to the Maximum Service Rates.
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12.05.5 Base Commercial Organic Waste Service. All Commercial Service Recipients
subscribing to Commercial Garbage Collection Service must receive weekly collection of the equivalent
volume of at least one (1) 32 -gallon Green Organic Waste Cart per Service Recipient at no additional cost
as part of the base service included in the Bundled Service rate. The actual configuration of Organic Waste
Collection Container sizes to be provided will be based on the total equivalent volume and configured in a
manner determined by the Service Recipient in consultation with Contractor. Contractor may charge for
Commercial Organic Waste Collection as set forth in Exhibit 1 for Commercial Organic Waste Service
greater than the base 32 -gallon Organic Waste Cart.
12.05.6 Size and Frequency of Service. This service will be provided as deemed necessary
and determined between Contractor and the Service Recipient, but such service must be received no less
than one (1) time per week with no exception for holiday(s) as set forth herein, exceptthat Collection service
scheduled to fall on a holiday may be rescheduled as determined between the "Service Recipient and
Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin or Cart
at the option of the Service Recipient. The size of the container and the frequency (above the minimum) of
Collection will be determined between the customer and Contractor. However, size and frequency must be
sufficient to provide that no Organic Waste needs be placed outside the Collection Container. Service
Recipients may own and provide their own Compactor provided that the Service Recipient is completely
responsible for its proper maintenance and such. Compactor is of a type that is compatible with Contractor's
equipment. All other Collection Containers used by"Service Recipients must be owned and supplied by
Contractor.
12.05.7 Organic: Waste- Improper',Procedure. Contractor is not required to Collect Organic
Waste if the Service Recipient does not separate they Organic Waste from Solid Waste and Recyclable
Materials. Furthermore, Contractor is not required to collect Organic Waste that is contaminated through
commingling with Solid Waste or Recyclable Materials. 3o address contamination, Contractor must follow
the steps set forth in Section5.07.
12.05,8 Organic Waste - Changes to Services. Should changes in law arise that necessitate
any additions or deletions to the services described in this Section including the type of items included as
Organic"Waste, the parties will negotiateany necessary cost changes and will enter into an Agreement
amendment covering such modifications to the services to be performed and the compensation to be paid
in accordance with Section 30,01.1 before undertaking any changes or revisions to such services.
12:05,9 Compliance with AB 1826 8, SB 1383. Contractor will develop and maintain its
Commercial Organic'Waste Collection Service in a manner designed to assist City and Service Recipients
to achieve and maintain Compliance with Applicable Law inclusive of AS 1826 and SB 1383. Contractor will
notify non-exempt covered businesses of the requirements to comply with the Applicable Law in November
2023, and no less than annually thereafter. Contractor will offer to provide the volume of collection service
that covered businesses require to be in compliance with the law. In conjunction with the City's ordinance
supporting full compliance with the Applicable Law inclusive of AB 341, SB 1383 and AS 827 by Commercial
Service Units (i.e., "generators'), Contractor will conduct in-person outreach to all non -participating non-
exempt commercial covered generators as specified in Section 20.02. Failure to conduct such outreach will
result in a penalty as specified in Exhibit 6.
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2097 12.05.10 Additional Organic Waste Collection Containers. Contractor must provide
2098 additional Organic Waste Collection Containers to Service Recipients at the rates listed in Exhibit 1 provided
2099 that additional Collection Containers are used by Service Recipients for the proposes of setting out additional
2100 Organic Waste materials for regular weekly Organic Waste Collection Service.
2101
Article 13. Mixed Use Dwelling Service (MXD)
2102
13.01
MXD Collection Service. As in Section 12.01.
2103
13.02
MXD Solid Waste Collection Service. As in Section 12.03.
2104
13.03
MXD Recycling Service. As in Section 12.04.
2105
13.04
MXD Move In/Out Collection Service. As in Section 10.08.4.
2106
13.05
MXD Organic Waste Collection Service. As in Section 12.05.
2107 13.06 MXD Bulky Waste Collection Services. As infection 10.10; Contractor may charge Service
2108 Recipients for Bulky Waste Collections subject to the Maximum Service Rate in Exhibit 1.
2109 Article14, City Services;
2110 14.01 Citv Collection Services.
2111 14.01.1 Contractor shall provide' Garbage, Recycling, and Organic Waste Collection
2112 Services to all City Service Units set forth in Exhibit 3, or as City may designate in the future (and where
2113 applicable, subject to the conditions in this Section), where the Containers are not blocked and are
2114 accessible by Contractc lectio
2115 14;01.2 Bulky Waste Collection Service. Contractor shall collect Bulky Waste , including E-
2116 Waste and Universal Waste, from City Services Units as listed on Exhibit 3 on an on-call basis on the same
2117 terms and conditions as are provided to SFD Service Units per Section 10.10.
2118 14.01.3 City Transit Shelters. Contractor shall provide Garbage collection services to public
2119 trash cans and City -owned bus stops not less than three(3) days per week. Collection service at City Transit
2120 Shelters shall inclyde power washing public trash cans and maintaining cleanliness in and around the trash
2121 cans on an annual basis..City Transit Shelter Garbage collection service areas are specified in Exhibit 3.
2122 14.01.4 Development Review. Contractor, upon City's request, shall assist the City in the
2123 review of applicants' plans for projects covered by Public Resources Code § 42911, including commercial
2124 and multi -family projects, to provide for effective and economical accumulation and collection of Solid Waste.
2125 14.02 City Collection Conditions of Service. City Collection Services shall be governed by the
2126 following terms and conditions:
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2127 14.02.1 Contractors Good Will. In exchange for the good will of the City and the general
2128 public, Contractor voluntarily agrees to provide Integrated Solid Waste Handling Services under this Article
2129 at no cost to the City excepting excess service as provided in this Article, and warrants that such service
2130 shall neither impactthe Maximum Service Rates nor be otherwise paid for or subsidized by any other Service
2131 Recipients.
2132 14.02.2 Contractor shall receive written permission from the City before placing any
2133 Collection Containers on City owned property for service, except that no such permission shall be needed
2134 to place Collection Containers at locations specified for such Containers in Exhibit 3.
2135 14.02.3 Contractor shall limit the number of trips and the path of travel for Collection
2136 Vehicles in City parking lots.
2137 14.02.4 Container Service. City Facilities shall be provided Integrated Solid Waste Handling
2138 Services generally subject to the same terms and conditions as similar Service Units regarding Container
2139 specifications, repair, replacement, cleanings, and exchange; provided the City shall not be charged for any
2140 requests for such services.
2141 14.02.5 Frequency of Service. The frequency of collection may be designated by the City,
2142 but not to exceed six (6) times per week per. opr,#ainer. City may $chan a the City Service Units receiving
2143 service, and the container volume and Collection frequency provided to any City Service Unit, by written
2144 notice to Contractor.
2145 Article 15. Additional Services
2146 15.01 Good Corporate Citizenship Programs. Contractor will provide the following good corporate
2147 citizenship programs, partnerships, and collaboration efforts to the Rosemead community.
2148 15.01.1 Collection for City Sponsored Events. Contractor will provide Garbage, Recycling,
2149 and Organic Waste Collection Services at all City sponsored events, including, but not limited to the 4th of
2150 July Event, Moon Festival Event, and Fall Fiesta Event.
2151 15.01.2 Concerts in the Park Title Sponsor. Contractor will be a Title Sponsor for the City's
2152 Concert in & Park annually through the term of the Agreement.
2153 15'01,,3 Unlimited and High Diversion Bulky Item and Street Litter Abatement Program.
2154 Contractor shall provide unlimited and high diversion of all Bulky Waste and a street litter abatement
2155 program. Within one Work Day of a request from the Contractor Administrator, Contractor shall provide
2156 unlimited abandoned waste removal services Contractor shall collect, transport, and deliver abandoned
2157 waste to a Disposal Facility, the Materials Recovery Facility, or Organics Processing Facility, as appropriate
2158 given the characteristics of the abandoned waste. Contractor shall provide unlimited collection,
2159 transportation, and processing of the abandoned waste identified by the City each year at no charge to the
2160 City. Within one Work Day of a request from the Contractor Administrator, Contractor shall provide unlimited
2161 number of Roll -Off Containers to support City's Enforcement Clean-up Services in the Service Area. City
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2162 shall be responsible for loading or arranging for loading of each Roll -Off Container. Contractor shall collect,
2163 transport, and deliver City Code Enforcement Clean-up Services Garbage, Recyclable Materials, and
2164 Organic Waste to a Disposal Facility, the Materials Recovery Facility, or Organics Processing Facility, as
2165 appropriate given the characteristics of the load at no additional cost to the City.
2166 15.01.4 Compost Giveaways. At no cost to City, Contractor shall provide, at a minimum, 60
2167 tons of compost or mulch, or a combination of the two, for compost giveaways twice per year. City Manager
2168 and Contractor shall agree upon the times and location for these two giveaways. Compost or mulch that
2169 satisfies the definition of recovered organic waste products under SB 1383 shajk .bsed to satisfy the City's
2170 SB 1383 procurement requirements.
2171 15.01.5 Paper Shred Days. Two times per Calendar Year, at no additional cost to the City
2172 or its residents, Contractor shall conduct a free paper shredding event at a location and time agreed upon
2173 by the Parties. At each event, all City residents will be permitted to deliver an unlimited amount of paper for
2174 shredding free of charge by Contractor. Contractor shall arrange for all shredded paper generated by each
2175 event to be processed in such a manner so as to ensure the diversion of this material from landfilling.
2176 15.01.6 Residential Recycling Rewards Programa Contractor shall raffle gift cards on a
2177 quarterly basis to residents who participate r0a recycling survey available through the city website. The
2178 rewards program shall be advertised on �" 1,;A00octoes website; at community events, and at the
2179 Contractor's local office.
2180 15.01.7 Public Education and Outreach. Contractor shall provide public education and
2181 outreach to residents and busmesses,in the City thrpugh quarterly newsletters, semi-annual billing inserts,
2182 commercial and multi -family recycling workshops,, and technical assistance. Outreach and education
2183 services are further described in Exhibit 11.
2184 15.01.8 Rosemead High School Scholarship Program. Contractor shall develop a school
2185 outreach program including, at a minimum, the sponsorship of five (5) annual academic scholarships of one
2186 thousand dollars ($1;000) each for, high school students that reside in the City and are interested in
2187 environmental sciences and sustainability issues; five (5) annual athletic scholarships of one thousand
2188 dollars ($1,000) each for high ;school students that reside in the City and are interested in environmental
2189 sciences and,sustainabllity issues; and five (5) annual trade/certification scholarships of one thousand
2190 dollars ($1,mpyeach for highschool students that reside in the City and are interested in environmental
2191 sciences and susfainabillty issues. The scholarships shall be awarded based on an essay contest which
2192 shall be judged jointly `hy Contractor and City.
2193 15.01.9 Soonsorship Fund. Funds provided by Contractor forcommunity sponsorships shall
2194 be at least $13,500 annually. Sponsorships shall support organizations such as National Night Out and
2195 backpack giveaways, Rosemead non -profits, and Rosemead Education Foundation and Garvey Education
2196 Foundation.
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2197
Article 16. Collection Routes
2198 16.01 Service Routes. Contractor must provide City with maps and digital mapping data precisely
2199 defining Collection routes, together with the days and the times at which Collection will regularly commence.
2200 16.02 Initial Route Changes. Contractor agrees not to change any Residential Integrated Solid
2201 Waste Handling Services routes in effect as of the Effective Date of this Agreement prior to July 1, 2024,
2202 except for limited route changes that may be necessary for new development, and subject to review and
2203 approval by the City. After July 1, 2024, if any re-routing of Residential Integrated Solid Waste Handling
2204 Services is necessary for collection efficiency, Contractor may submit to City, in writing, proposed route
2205 changes (including maps thereof) not less than sixty (60) calendar days .prior to the proposed date of
2206 implementation. Any such initial routing change may not affect more than ten percent (10%) of SFD Service
2207 Units in the City and is subject to City review and approval.
2208 16.03 Future Service Route Changes. Contractor must submit to City, in writing, any proposed
2209 route change (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of
2210 implementation. Contractor may not implement any route changes without the prior review of the Agreement
2211 Administrator. If the change will change the Collection day for a Service Recipient, Contractor must notify
2212 those Service Recipients in writing of route changes not less than thirty (30) days before the proposed date
2213 of implementation.
2214 16.04 Collection Route Audits. City reserves the right to conduct audits of Contractor's Collection
2215 routes. Contractor must cooperate with City in connection therewith, including permitting City employees or
2216 agents, designated by the Agreement Administrator, to ride in the Collection Vehicles to conduct the audits.
2217 Contractor has no responsibifity`or liability,for the salary;wages, benefits or worker compensation claims of
2218 any person designated by the Agreement Administrator to conduct such audits.
2219 Article 17. Minimum Performance Standards
2220 17A1 Billing Audit and Performance Reviews.
2221 17.01.1 Contractor Shall Review its Billings to all Customers. The purpose of the review is
2222 to determine. that the amount wiph the Contractor is billing each Customer is correct regarding the level of
2223 service (i.e., frequency of collection, size of container, location of container) at the rates approved by City
2224 Council resolution. The Contractor shall review Customer accounts not less than annually and provide a
2225 written certification to the,Ci`ty that all such billing is correct. The documentation of the review, as well as
2226 verification that any errors have been corrected should be provided to the City annually.
2227 17.01.2 Selection and Cost. City may conduct billing audit and performance reviews
2228 (together, "reviews") of Contractor's performance during the term of this Agreement, as provided herein. The
2229 reviews will be performed by the City or a qualified firm under contract to City. City will have the final
2230 responsibility for the selection of the firm. City may conduct reviews at any time during the term of the
2231 Agreement. City and Contractor agree to each pay one hundred -percent (100%) of the cost of the audits
2232 and performance reviews provided for under Section 17.01.
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2233 17.01.2.1 Full Reviews During Term. City may conduct two (2) full reviews
2234 with costs apportioned as stated in Section 17.01.2 during the I Term of this Agreement. The purpose of
2235 these full reviews will be as described in Section 17.01.3 below.
2236 17.01.3 Purpose. The reviews will be designed to verify that customer billing rates have
2237 been properly calculated and they correspond to the level of service received by the customer, verify that
2238 Contractor is correctly billing for all services provided, Franchise Fees and other fees required under this
2239 Agreement have been properly calculated and paid to City, verify Contractor's compliance with the reporting
2240 requirements and performance standards of this Agreement, verify the diversion percentages reported by
2241 Contractor, and verify any other provisions of the Agreement. City (or its designated consultant) may utilize
2242 a variety of methods in the execution of this review, including, but not limited to, analysis of relevant
2243 documents, on-site and field observations, and interviews. City (or its designated consultant) will review and
2244 document the items in the Agreement that require Contractorto meetspecific performance standards, submit
2245 information or reports, perform additional services, or document operating procedures, that can be
2246 objectively evaluated. This information will be documented and be formatted in a °complia ecldist" with
2247 supporting documentation and findings tracked for each ofthe identified items. The review will specifically
2248 include a determination of Contractor's compliance with thediversionrequirements of Article 8, and the
2249 public outreach and education requirements of Article 20. City (or its designated consultant) may review the
2250 customer service functions and structure utilized by Contractor. This may include Contractors protocol for
2251 addressing customer complaints and serviceIrrerruption Procedures. Complaint logs may be reviewed,
2252 along with procedures and systems for tracking and addressing complaints. On-site and field observations
2253 by City (or its designated consultant) may include, but are not necessarily limited to:
2254 17.01.3:1 Interviews and discussions with Contractors administration and
2255 management personnel;
2256 17.01.3.2 Review and observation of Contractors customer service functions
2257 and structure;
2258 17.01.3.3 Review of public education and outreach materials;
2259 17.01.3.4 Interviews and discussions with Contractors financial and accounting
2260 personnel;
2261 17.01.3.5 Interviews with route dispatchers, field supervisors and managers;
2262 '17.01.3.6 Interviews with route drivers;
2263 17.01.3.7 Interviews with vehicle maintenance staff and observation of
2264 maintenance practices; and
2265 17.01.3.8 Review of on -route Integrated Solid Waste Handling Services,
2266 including observation of driver performance and collection productivity
2267 and visual inspection of residential routes before and after collection
2268 to evaluate cart placement and cleanliness of streets.
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2269 17.01.4 Contractor's Cooperation. Contractor shall cooperate fully with the review and
2270 provide all requested data, including operational data, financial data, and other data reasonably requested
2271 by City within fifteen (15) Work Days of the request.
2272
2273
2274
2275
2276
2277
2278
2279
2280
2281
2282
2283
2284
2285
2286
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17.01.5 Additional Billing Audit and Performance Review. In the event that the Billing Audit
and Performance Review concludes that Contractor is not in compliance with all terms and conditions of this
Agreement and such non-compliance is material, Contractor is subject to administrative fees and penalties
as described in Exhibit 6 as well as reimbursement to the City for the full cost of the audit plus any
underpayments discovered during the Audit. Additionally, City may conduct an Additional Billing Audit and
Performance Review beyond the two (2) specified in Section 17.01.2, to ensure that Contractor has cured
any such area of non-compliance. Contractor will be responsible for the cost of such Additional Billing
Audit and Performance Review for a maximum cost of One -hundred Twenty Thousand Dollars ($120,000)
(starting on July 1, 2024 and each January 1s' thereafter, with the. maximum cost for the review adjusted
annually by the change in the CPI). For the purposes of a determination of non-compliance under this
Agreement, Audit findings which result in underpayments of $100,000 or more shall be deemed material.
17.01.6 City Requested Program Review.- City reserves the right to require Contractor to
periodically conduct reviews of the Garbage, Recycling, and Organic Waste Collection Service programs,
provided that such reviews are reasonable andcan be accomplished at no additional cost to Contractor and
without interfering with Contractor's operatidwviews cou ess one or more of the following
..., >
performance indicators: average volume of Reeyclabie Materials per setout per customer, average volume
of Organic Waste per setout per customer, parties
evaluation review, City and Contractor will meet
method, scope, and data to be provided by Conti
levels, etc. Prior to the program
the purpose of the review and agree on the
2291 17.02 Cooperation with Other Program Reviews. Contractor shall cooperate with City and/or its
2292 agent(s) as reasonably requested to collect program data, perform field work, conduct route audits to
2293 investigate customer participation levels and setout volumes and/or evaluate and monitor program results
2294 related to Garbage, Recyclable Materials and Organic Waste collected in City by Contractor, provided that
2295 such cooperation can be accomplished at no additional cost to Contractor and without interfering with
2296 Contractor% operations.
2297 Article 18. Collection Equipment
2298 18.01 ''General Provisions. All equipment used by Contractor in the performance of services under
2299 this Agreement must be of a high quality and meet all Federal, State, and local regulations and air quality
2300 standards, including all applicable provisions of Air Quality Management District. Collection vehicles must be
2301 designed and operated so as to prevent collected materials from escaping from the vehicles. Hoppers must
2302 be closed on top and on all sides with screening material to prevent collected materials from leaking, blowing
2303 or falling from the vehicles. All trucks and containers must be watertight and must be operated so that liquids
2304 do not spill during Collection or in transit.
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2305 18.02 Bulky Waste. Vehicles used for Collection of Bulky Waste may not use compactor
2306 mechanisms or mechanical handling equipment that may damage reusable goods or release Freon or other
2307 gases from pressurized appliances.
2308 18.03 Collection Vehicles. Contractor must use Collection Vehicles as listed in the schedule
2309 included in Exhibit 5 and may not use any Collection Vehicle that is more than ten (10) years old during the
2310 term of the Agreement. Contractor shall register all new Collection Vehicles under this Agreement to its
2311 address within the City, and shall report all purchases of Collection Vehicles under this Agreement as
2312 attributable to the City for sales tax purposes. Collection Vehicles must utilize lgffptbon ("alternative') fuel,
2313 which must be renewable natural gas, LNG, CNG, or electric unless otherwise pre- authorized by the City in
2314 writing. Contractor shall transition all of its franchise residential and commercial collection vehicles to
2315 renewable natural gas (RING) by December 31, 2025. If during the term of the Franchise Agreement, new
2316 technologies are available such as hybrid or electric powered collection vehicles, the City or the Contractor
2317 may request/negotiate implementation of such new collection vehicles, with a corresponding change to the
2318 Maximum Service Rates to reflect additional cost or savings. During the Term, to the extent required by law,
2319 Contractor shall provide its Collection Vehicles to be in full compliance with all Applicable Laws, including
2320 State and Federal clean air requirements that are adopted or proposed to be adopted, including, but not
2321 limited to, the California Air Resources Board Heavy Duty Engine Standards as currently proposed to be
2322 contained in California Code of Regulations, b9ftaections 2020" ., the Federal EPA's Highway Diesel
2323 Fuel Sulfur regulations and all other applicable air'pollution control laws.
2324 18.04 Collection Vehicle Technology. Contractor..must use .Collection Vehicles fitted with GPS
2325 tracking devices that can be used,to record start and stop times, vehicle locations, and maximum speed.
2326 Contractor shall furnish to the City at no additional cost or expense any software and equipment necessary
2327 for City to track the location of Collection Vehicles in real time and to generate reports as needed. Collection
2328 Vehicles must also be fitted with cameras that are programmed to take photos, date and location stamped,
2329 to document violations, including contamination ,overfilling, and lids not closed. GPS and camera data must
2330 be accessible by City.
2331 18,05 Collection Vehicle Size Limitations / Overweigh Vehicle Charge. Contractor may not use
2332 any Collection Vehicle in violation of weight limitations in Applicable Law including any weight limitation placed
2333 on any public roadway or alley,as adopted and posted by City. The Contractor may exceed the Collection
2334 Vehicle size li(nitation for a limited time due to extraordinary circumstances or conditions with the prior written
2335 consent of the Agreement Administrator. The limited time may not exceed 120 days. Contractor must report
2336 all instances ofoverwgightvehicles to City as partof its quarterly Franchise Fee submittal described in Section
2337 4.03, and as part of its Annual Reports to the City described in Section 22.03. Contractor may be assessed
2338 administrative charges as specified in Exhibit 6 as a result of exceeding an overweight vehicle rate of five
2339 percent (5.00%) in any Calendar Year during the term of the Agreement. The overweight vehicle rate will be
2340 calculated as the total number of overweight Collection Vehicle instances during the Calendar Year, divided
2341 by the total number of Collection Vehicle loads transported during the Calendar Year. Prior to collecting
2342 administrative charges for overweight vehicles, the City shall afford Contractor a reasonable opportunity to
2343 provide the Agreement Administrator documentation of the extraordinary circumstance that caused the
2344 overweight vehicles. Extraordinary circumstances in this particular case include, but may be limited to, heavy
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2345 rains or high winds that caused excess Green Waste to be generated, rain to accumulate in open Collection
2346 Containers, or normal Collection routes to be delayed or shortened to extreme weather conditions. The
2347 Agreement Administrator shall have authority to consider Contractors documentation and uphold and collect
2348 the assessed charge, to reduce the charge, or waive and dismiss the charge. The Agreement Administrator
2349 shall also have the authority to waive charges in advance of an anticipated, or in response to and actual,
2350 emergency event.
2351 18.06 Registration: Inspection. All vehicles used by Contractor in providing Integrated Solid
2352 Waste Handling Services under this Agreement, except those vehicles used solely on Contractors premises,
2353 are to be registered with the California Department of Motor Vehicles. In addition, each such vehicle must be
2354 inspected by the California Highway Patrol in accordance with Applicable Law. Within two (2) Work Days of
2355 a request from the Agreement Administrator, Contractor must provide City a copy of its vehicle maintenance
2356 log and any safety compliance report, including, but not limited to, any report issued under California Vehicle
2357 Code sections 34500 and following, as well as the biennial " inspections concludboft
the California
2358 Highway Patrol
2359 18.07 Safety Markings. All Collection equipment used by Contractor must have appropriate safety
2360 markings including, but not limited to, highway lighting, flashing and warning lights, clearance lights, and
2361 warning flags. All such safety markings must be in accordance with the,requirements of the California Vehicle
2362 Code, as may be amended from time to time
2363 18.08 Vehicle Signage and Painting. Collection Vehicles must be painted and numbered without
2364 repetition and must have Contractor's name, Contractors customer service telephone number, and the
2365 number of the vehicle painted in letters of contrasting color, at least four (4) inches high, on each side and
2366 the rear of each vehicle. ection VWes shall ay the words "Servicing the City of Rosemead"
2367 in letters no less than t4shes (2') higo and the City Seal. No advertising is permitted other than the name
2368 of Contractor, its logo and registered service marks, except promotional advertisement of the Recyclable
2369 Materials and Organic Waste programs, which is encouraged. City to approve any promotional material of
2370 the Recyclable Materials and Organic Waste Programs affixed to or painted on Contractors Collection
2371 Vehicles and may require such promotion to be utilized from time to time to encourage correct recycling,
2372 reduce contamination, and provide relevant: education. Contractor must repaint all vehicles (including vehicles
2373 striping) during the term of this Agreement on a frequency as necessary to maintain a positive public image
2374 as reasonably determined by the. Agreement Administrator, but not less often than once every five years.
2375 18.09 'Bin and Rolloff Sianage. Painting, and Cleaning. All metal bins and Roll -offs of any service
2376 type furnished by Contractor must be either painted or galvanized. All metal or plastic bins and Roll -offs must
2377 display Contractors name, Contractors customer service telephone number, and the number of the Bin or
2378 Roll -off and must be kept in a clean and sanitary condition. Bins and Roll -offs should be free of dents and
2379 graffiti, new at the start of this Agreement, and painted as needed to maintain an orderly appearance
2380 throughout the term of the Agreement, but not less frequently than once every three years. Bins and Roll -offs
2381 may be subject to periodic, unscheduled inspections by City and determination as to sanitary condition will
2382 be made by City.
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2383 18.10 Vehicle Certification. For each Collection Vehicle used in the performance of services
2384 under this Agreement, Contractor must obtain a certificate of compliance (smog check) issued pursuant to
2385 Part 5 of Division 26 of the California Health and Safety Code (Section 43000 and following) and regulations
2386 promulgated thereunder and/or a safety compliance report issued pursuant to Division 14.8 of the California
2387 Vehicle Code (Section 34500 and following) and the regulations promulgated thereunder, as applicable to
2388 the vehicle. Contractor must maintain copies of such certificates and reports and must make such certificates
2389 and reports available for inspection upon request by the Agreement Administrator.
2390 18.10.1 No later than annually, Contractor must submit to the Agreement Administrator
2391 verification that each of the Contractors Collection Vehicles has passed the California Heavy Duty Vehicle
2392 Inspection. Thereafter, Contractor must cause each vehicle in ContractoesCollection fleet to be tested
2393 annually in the California Heavy Duty Inspection Program and must, upon request, submit written verification
2394 to City within ten (10) Work Days of the completion of such test. Contractor may not use any vehicle that
2395 does not pass such inspection.
2396 18.11 Equipment Maintenance. Contractor must maintain Collection equipment in a clean
2397 condition and in good repair at all times. All parts and systems of the Collection equipment must operate
2398 properly and be maintained in a condition satisfactory to City. Contractor must wash all Collection Vehicles
2399 at least once a week.
2400 18.12 Maintenance Log. Contractor . must maintain a maintenance log for all Collection Vehicles.
2401 The log must at all times be accessible to City by physical inspection upon request of Agreement
2402 Administrator, and must show, at a minimum, each v;lcle'Contractotassigned identification number, date
.
2403 purchased or initial lease, dates of performance tine dates of performance of any
2404 additional maintenance, and description of additional mail tenance performed.
2405 18.13 Equipment Inventor. On or befofe January 1, 2024, Contractor shall provide to City an
2406 inventory of Collection Vehicles and major equipment used by Contractor for Collection or transportation and
2407 performance of services under this„Agreement. The inventory must indicate each Collection Vehicle by
2408 Contractor assigned identification number, DMV license number, the age of the chassis and body, type of
2409 fuel used, the type and capacity,of each vehicle, the number of vehicles by type, the date of acquisition, the
2410 decibel rating and the maintenance and rebuild status. Contractor must submit to the Agreement
2411 Administrate ,.either by fax or e -frail, an updated inventory annually to the City or more often at the request
2412 of the Agreement Administrator. Each inventory must also include the tare weight of each vehicle as
2413 determined by weighing at a certified scale used by Contractor. Each vehicle inventory must be accompanied
2414 by a certification signed by Contractor that all Collection Vehicles meet the requirements of this Agreement.
2415 18.14 Reserve Equipment. Contractor shall have available to it, at all times, reserve Collection
2416 equipment which can be put into service and operation within one (1) hour of any breakdown. Such reserve
2417 equipment must correspond in size and capacity to the equipment used by the Contractor to perform the
2418 contractual duties.
2419 18.15 RNG Fuel Procurement Credits. Contractor agrees to coordinate and cooperate with the
2420 City to meet its Recovered Organic Waste Product procurement target, as defined in and required by
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2421 Applicable Law. In support of that objective the City will receive any applicable SB 1383 Recovered Organic
2422 Waste Product procurement credits for all RNG used by the Contractor to power Contractor's Collection
2423 vehicles as allowed by the Applicable Law and within the time provided therein.
2424 Article 19. Contractor's Office
2425 19.01 Contractor's Office. Contractor shall maintain an office in the City of Rosemead, California
2426 that is accessible to persons with disabilities as required by the Americans with Disabilities Act (ADA). Such
2427 office must be equipped with enough telephones that all Collection Service -related calls received during
2428 normal business hours are answered by an employee within five (5) rings. The office must have responsible
2429 persons in charge during Collection hours and must be open during such normal business hours, 7:00 a.m.
2430 to 6:00 p.m. on Monday through Friday and Saturday from 8 a.m. to 12 p.m. and during Collection Service
2431 hours. Contractor must provide either a local or toll-free telephone number that connects to the call center
2432 described in Section 19.02, and a telephone answering service or mechanical device to receive Service
2433 Recipient inquiries during those times when the office is closed. Calls received after normal business hours
2434 must be addressed the next Work Day morning.
2435 19.02 Customer Service Call Center. Contractor mustmaintain a Customer Service call center
2436 within the United States. Such office must be,equipped with enough,: telephones that all customer service -
2437 related calls received during normal business hours, 7:00 a.m to 6:00,p.m. on Monday through Friday and
2438 Saturday during Collection Service hours from -8 a.m. to 12 p,m., are answered by an employee within five
2439 (5) rings.
2440 19.03 Emergency Contact. Contractor, must provide the Agreement Administrator with an
2441 emergency phone number where the Contractor can be reached outside of the required office hours.
2442 19.04 Multilindual/TDD Service. Contractor must always maintain the capability of responding to
2443 telephone calls in English Spanish Mandarin, Vietnamese, and such other languages as City may direct.
2444 Contractor must always.. maintain the capability of responding to telephone calls through Telecommunications
2445 Device for the .Dset (TDD). Services.
2446 19.05 Service Recipient Calls. During office hours, Contractor must maintain a telephone
2447 answering system capable of accepting at least five (5) incoming calls at one time. Contractor must record all
2448 calls including any inquiries, service requests and complaints into a customer service log.
2449 19 05.1 All incoming calls will be answered at the local office or call center within 5 rings.
2450 Any call "on -hold" in 646 of 1.5 minutes must have the option to remain "on -hold" or request a "call-back"
2451 from a customer service representative. Contractor's customer service representatives must return Service
2452 Recipient calls. For all messages left before 3:00 p.m., all "call backs" must be attempted a minimum of one
2453 time prior to 5:00 p.m. on the day of the call. For messages left after 3:00 p.m., all "call backs" must be
2454 attempted a minimum of one time prior to noon the next Work Day. Contractor must make minimum of three
2455 (3) attempts within one (1) Work Day of the receipt of the call. If Contractor is unable to reach the Service
2456 Recipient on the next Work Day, Contractor must send a postcard, email or text, as indicated by the Service
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2457 Recipient to the Service Recipient on the second Work Day after the call was received, indicating that the
2458 Contractor has attempted to return the call.
2459 Article 20. Contractor Support Services
2460 20.01 Sustainability/Compliance Representative. Contractor will hire staff, including at least two
2461 dedicated full-time Sustainability/Compliance Representatives as of the Commencement Date, to conduct
2462 site visits and provide outreach and education in support of meeting Franchise and CalRecycle Diversion
2463 requirements and to meet State mandates associated with Applicable Law and all amendments and related
2464 subsequent legislation. The Sustainability/Compliance Representatives shall be available as needed to meet
2465 with the City and conduct site visits to implement Recycling and Organics programs in the Service Area at
2466 least four days a week throughout the year. City may request monthly meetings with Contractor to discuss
2467 problems or issues such as Collection or Recycling programs, Billing or Service Recipient service issues, and
2468 day to day operations. City and Contractor agree to meet and confer to reevaluate the ongoing need for two
2469 dedicated full-time Sustainability/Compliance Representatives on or around August 1, 2025.
2470 20.02 Sustainability and Compliance Plan. Contractor, at its: own expense, must prepare, submit
2471 and implement an annual (Calendar Year) Sustainability and Compliance Plan ("Plan"), which will guide
2472 Contractors staffs' work efforts. This Plan will include measures to meet diversion targets, increase diversion,
2473 and increase participation of Service Recipients in recycling and organics diversion programs, and should
2474 target certain Recyclable Materials or "prob ; arm(. including recycling and organics sorting and
2475 contamination, within Contractors Service Area i*re improvements can be maximized. Planned outreach
2476 and education services, and outreachmaterials should beincluded as part of the Plan and updated annually.
2477 Targets of outreach should be based on local trends and recycling patterns from data obtained by both the
2478 City and Contractor. Contractor will maintain current and state-of-the-art public outreach and education
2479 services throughout the term of this Agreement by providing outreach materials to Service Recipients
2480 electronically (via email and social media). Contractor must submit first year draft Plan to the City prior to the
2481 Commencement Date and by July 1st each year thereafter for the term of the Agreement. City shall review
2482 and provide revisions to draft Plan within thirty (30) days of receipt. Contractor must revise and submit final
2483 Plan to City-bySeptember 1, 2023 for first year and then each year thereafter for the term of the Agreement.
2484 Cont Plan is provided in Exhibit 10. The Sustainability and Compliance Plan must include the
2485 following:
2486 20.02.1 City -Specific Website. Contractor shall maintain a City -specific website that fully
2487 explains the Co*
rs current services and rates, the diversion options available, and allows Service
2488 Recipients to submit service changes, inquiries, complaints or queries. The website must describe and
2489 promote the use of the available Recyclable Materials and Organics services. Contractors local website
2490 must provide information specific to the City's programs. Contractor will ensure that information provided on
2491 the website is maintained and up-to-date. Content will include proper container set out, educational
2492 materials, newsletters and program descriptions. Website shall be in English, Spanish, Mandarin, and
2493 Vietnamese.
2494 20.02.2 Recycling Resources. Contractor shall maintain accurate list of recyclable materials
2495 on its website, and promote proper recycling to all Service Recipients. Contractor shall consult, collaborate,
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2496 and coordinate its recycling outreach and educational materials and activities with the City and incorporate
2497 the City's input on the Contractor's recycling resources and programs.
2498 20.02.3 School Education and Outreach. Contractor shall develop and utilize a program to
2499 educate on proper recycling that offers tools to assist with proper recycling for all ages. Educational
2500 information should include brochures, school resources such as recycling curriculums, kid's activity flyers,
2501 posters, myth busters, and recycling art activities. Contractor shall develop and distribute educational
2502 material, and conduct onsite outreach annually to all school campuses in the franchise area. Materials must
2503 be approved by City before distribution. Examples include: Recyclable Materials list, Recycling tips, battery
2504 and bulb education, Food Waste collection and donation, and HHW education. Educational material shall
2505 be distributed to campuses by mail and/or in person on or before September 301h annually, and site visits
2506 must be completed by November 30t1.
2507 20.02.4 MORe Compliance Notices. Contractor shall send Mandatory Organics Recycling
2508 (MORe) compliance notices quarterly to all eligible Commercial entities and MFDs/MXDs that do not
2509 subscribe to Organic Waste Collection Service with the Contractor, and/or do not provide an alternate
2510 method for Diverting Organic Waste, in conformance with Applicable Law, including SB 1383 and AB 1826.
2511 These notices shall also notify businesses of requirements under AB 827. Contractor shall mail notifications
2512 quarterly on or before the last day of the month,tollowing the end of the quarter.
2513 20.02.5 MCR Compliance Notices. Contractor shall send Mandatory Commercial Recycling
2514 (MCR) compliance notices quarterly to all eligible Commercial entifias and MFD's that do not subscribe to
2515 recycling collection service with the Contractor, and/or do not provide an alternate method for diverting
2516 recyclable materials, in conformance with AB 341. These notices shall also notify businesses of
2517 requirements under AB 827.Contractor shall mail notifications quarterly on or before the last day of the
2518 month following the end of the quarter.
2519 20.02.6 MORe Site Visits. Contractor shall conduct site visits to all eligible Commercial
2520 entities and MFDs/MXDs once per year for the first three years and thereafter every other year for
2521 businesses that subscribe to Organics Collection Service and every year for businesses that do not
2522 subscribe to organics collection service in conformance with SB 1383 and AB 1826. Contractor shall conduct
2523 visits on:oubefore June 30'1.
2524 20.02.7 MCR,.Site Visits. Contractor shall conduct site visits to all eligible Commercial
2525 entities and MFDs/MXDs once per year for the first three years and thereafter every other year for
2526 businesses that subscribe to Recycling Collection Service and every year for businesses do not subscribe
2527 to Recycling Collection'5ervice with the Contractor. Contractor shall conduct visits on or before June 30'1.
2528 20.02.8 Waste Audits. Contractor shall complete Recycling and Solid Waste audits for
2529 twenty (20) Commercial or MXD Service Recipients per month and provide recommendations to customers
2530 on how to improve overall resource efficiency.
2531 20.02.9 Comoliance Reporting. Contractor shall report contaminations and overage issues
2532 via the City's Waste Reporting System.
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2533 20.02.10Right-sizing Containers. Contractor must right -size Collection Containers to
2534 maximize diversion from SFD, MFD, MXD and Commercial Service Recipients.
2535 20.02.11 Education and Outreach Materials. Contractor must implement public education
2536 and outreach in conformance with Applicable Law and in coordination with the City. Contractor shall attend
2537 public events and host booths to promote recycling education and awareness. Contractor will work with City
2538 to identify which special events will be attended. Contractor, together with City, shall work with local media
2539 to ensure information on new programs, events, recycling, organics etc. is communicated to the community.
2540 Contractor shall use a variety of options such as local paper, news, websites, social media, Homeowners
2541 Associations, schools and civic groups to distribute information and education about City solid waste and
2542 recycling programs, and events. Contractor shall distribute educational material to Service Recipients a
2543 minimum of once a quarter by mail or electronically. All educational and outreach materials shall be provided
2544 in English, Vietnamese, Chinese, and Spanish Languages. These materials should include tips on recycling
2545 properly, use of organics containers, composting, battery and electronics education, prevention of
2546 contamination issues, proper Collection Container placement, resource information, and HHW education.
2547 20.02.12Service Recipient Personnel Training. Contractor shall advise and educate
2548 appropriate personnel (management, employees, janitors, etc:); at MFD/MXD and Commercial Service Units
2549 on methods and recommendations to increase: recycling and decrease landfilling including best practices for
2550 recycling, waste reduction and availability and, se of in-house recycling containers.
2551 20.02.13 Available Services Notice andInformation. At least annually Contractor must
2552 publish and distribute (by mail or electronically) a notice to all Service Units regarding the full range of
2553 services offered. The notice must contain at a minimum (i) definitions of the materials to be Collected, (ii)
2554 procedures for setting out materials, (iii) the days when Garbage Integrated Solid Waste Handling Services,
2555 Recycling Services, and Organic Waste Integrated Solid Waste Handling Services will be provided, (iv)
2556 Contractor's local Gusto rvicl lhstructions on the proper filling of Containers, (vi)
2557 instructions as to what materials may or may not be placed in Recyclable Materials or Organic Waste
2558 Containers, (vii) how to select Container sizes to maximize diversion, (viii) participation in Recycling and
2559 Organic Waste programs, (ix) the fees for overage and Contamination in the event of non-compliance, (x)
2560 the availability of on -premises Integrated Solid Waste Handling Services, including the availability of no -
2561 charge on -premises Integrated Solid Waste Handling Services for qualified persons, (xi) Bulky Waste
2562 Integrated Solid Waste Handling Services, (xii) the dates and locations of Neighborhood Cleanup days, and
2563 (xiii) the dates and locations of Free Bulky Waste Drop-off days. The notice must be provided in English,
2564 and other languages,as directed by the City, and must be distributed by Contractor no later than February
2565 1st of each year.
2566 20.02.14Approach to Meetina City's Diversion Requirements Contractor must document
2567 approach to meeting City's diversion requirements by specific diversion program type (SFD, MFD,
2568 Commercial, Recyclable Material, Organic Waste, Bulky Waste, etc.) and must be tied to both specific and
2569 public education programs. This must include an implementation schedule showing the specific programs
2570 and tasks, milestones, and time frames for meeting the diversion requirements.
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2571 20.02.15Tonnage Table. Contractor must provide as part of the Plan, a tonnage table
2572 segregated by SFD, MFD, MXD, Commercial, and Additional Services that estimates tonnages for
2573 Recyclable Material and Organic Waste delivered and processed, and the estimated residual tonnages for
2574 each calendar year of the Franchise Agreement.
2575 20.02.16 Environmental Stewardship. Contractor must describe all environmental
2576 management policies and activities related to the solid waste collection service, including the use of
2577 alternative fuel vehicles, reduction of air emissions and wear and tear on the City:p streets, use of recycled
2578 products throughout operations, internal waste reduction and reuse protocol, water and resource
2579 conservation activities within facilities (design, construction and operation), compliance with laws governing
2580 e -waste, HHW, and u -waste, and use of non-toxic products when possible.
2581 20.03 News Media Relations. Contractor will work with local media to ensure information is
2582 communicated to community (new programs, events, recycling information, etc.). Contractor to use options,
2583 such as; local Newspaper, Radio/TV News outlets, Websites and Social Media. Contractor will notify the
2584 Agreement Administrator by e-mail or phone of all requests for news media interviews related to the services
2585 covered under this Franchise Agreement within one (1) Wo of C ors receipt of the request. When
2586 practicable, before responding to any inquiries involving controversial issues or any issues likely to affect
2587 participation or customers perception of servj"Contractor wiXftuss Contractor's proposed response
2588 with the City Agreement Administrator.
2589 20.04 Annual Recycling Awards. Contractor will recognize outstanding participation in Recycling
2590 and/or Organic Waste programs tifying "regi stars° fdMcognibon at a City Council meeting
2591 during each November, beginning -November 2024
2592 20.05 News Media Requests. Contractor will notify the Agreement Administrator by e-mail or
2593 phone of all requests for news media interviews related to the services covered under this Agreement within
2594 one (1) Work Day of ContradRaigoot of the reVHhen practicable, before responding to any inquiries
2595 involving controversial Dies ossues likely to affect participation or Service Recipient's perception of
2596 services, qf#nctor wi . CdWors proposed response with the Agreement Administrator.
2597 20.05.1 Copies of draft news releases or proposed trade journal articles that use the name
2598 of City or relate to the services provided hereunder must be submitted to the Agreement Administrator for
2599 prior review anB;approval at least five (5) working days in advance of release, except where Contractor is
2600 required by any Applicable Law to submit materials to any regulatory agency in a shorter period of time, in
2601 which case Contra submit such materials to City simultaneously with Contractors submittal to such
2602 regulatory agency.
2603 20.05.2 Copies of articles resulting from media interviews or news releases that use the
2604 name of City or relate to the services provided hereunder must be provided to the City within five (5) days
2605 after publication.
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2606 20.06 Acceptable Materials Labeling. Contractor must affix to each Recycling and Organics
2607 Collection Container a sticker that clearly lists Acceptable materials to be placed in these containers. Stickers
2608 must be replaced annually and include any updates in the list of Acceptable materials (Exhibit 12).
2609 20.07 Edible Food Recovery Support. At no cost to the City, Contractor must provide support to
2610 the City's Edible Food Recovery program as required under SB 1383. Contractor support may include
2611 educating commercial edible food generators, providing records of site visits, conducting education efforts,
2612 and providing lists of food recovery organizations. Contractor will assist the City in conducting Food Waste
2613 and Green Waste surveys and diversion programs by providing accurate and timely service data, conducting
2614 site visits, and distributing materials.
2615 20.08 Programs and Services. Contractor must provide additional educational and outreach
2616 services and programs as requested by City at a price to be mutually agreed upon between the Contractor
2617 and the Agreement Administrator. In the event Contractor and the Agreement Administrator cannot reach a
2618 mutually agreed upon price for the requested service or program, City has the right to procure the service of
2619 other vendors or contractors to provide the requested service.
2620 20.09 Operations Plans. Contractor must adhere to the. Transition Plan included as Exhibit 5,
2621 Customer Service Plan included as Exhibit 7, and Collection Service_ Operations Plan included as Exhibit 8
2622 that present the specific collection and processing programs that will be implemented in the City.
2623 Article 21. Emergency Service
2624 21.01 Revised Services During an Emergency. In the event of a major storm, earthquake, fire,
2625 flood, tornado, other natural or man-made disaster, or other such emergency event (collectively 'Emergency
2626 Event), the Agreement Administrator may grant the Contractor a variance from regular routes and schedules,
2627 which will not be withheld unreasonably. As soon as practicable after such Emergency Event, Contractor
2628 must advise the Agreement Administrator when it is anticipated that normal routes and schedules can be
2629 resumed. The Agreement Administrator will try through the local news media to inform the public when regular
2630 services may be resumed. The clean-up from some Emergency Events may require that Contractor hire
2631 additional equipment, employ; additional personnel, or work existing personnel on overtime hours to clean
2632 debris resulting from the event. Contractor will receive additional compensation, above the normal
2633 compensation contained in this Agreement, to cover the costs of rental equipment, additional personnel,
2634 overtime hours acid other documented expenses based on the rates set forth in Exhibit 1 provided Contractor
2635 has first secured written authorization and approval from City through the Agreement Administrator. City will
2636 be given equal priority'and access to resources as with other franchise jurisdictions held by Contractor or its
2637 affiliates.
2638 21.02 Emergency Event Planning . Within sixty (60) days from a request by City, Contractor shall
2639 prepare a draft Emergency Event plan that sets forth procedures for maintaining regular Collection service
2640 and Collection of debris following an Emergency Event. The Emergency Event plan shall address
2641 arrangements to provide needed vehicles and personnel, priorities for cleanup at critical facilities, and
2642 procedures for reimbursement for costs, describe communication plans, list key contact persons, and provide
2643 maps showing proposed sites for stockpiling of disaster debris that cannot be transported to the landfill.
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2644 Contractor shall coordinate the plan with City's emergency service teams. The draft plan shall be presented
2645 to the City Manager for consideration and approval. The final plan shall be distributed to those employees of
2646 Contractor and City who would have a role in implementing upon the occurrence of an Emergency Event.
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2648
2649
2650
2651
2652
2653
2654
2655
2656
2657
2658
2659
2660
2661
2662
2663
2664
2665
2666
2667
2668
2669
2670
2671
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2676
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21.03 Emergency Event Recovery Support. In the event of an Emergency Event, Contractor
agrees to provide recovery support upon request by Agreement Administrator. This may include additional
hauling of debris, special handling such as wrapping waste in plastic (i.e., "burrito wrapping"), temporary
storage of debris where feasible, additional disposal, use of different transfer and disposal facilities, and
documentation of debris type, weight, and diversion. Contractor should follow protocol laid out in the County's
Operational Area Mass Debris Management Plan (Annexto the Operational Area Emergency Response Plan)
and any subsequent County or City Disaster Debris Plans, as applied to solid waste hauling and handling.
Article 22, Record Keeping and Reporting Requirements
22.01 Record Keeping. Notwithstanding Article 47 herein:
22.01.1 Accounting Records. Contractor must maintain full, complete and separate
financial, statistical and accounting records, pertaining to cash, billing, and provisions of all Integrated Solid
Waste Handling Services, prepared on an accrual basis in accordance with generally accepted accounting
,
principles. Such records will be subject to audt,.cppy, and inspection.. for the purposes set forth in Section
17.01.3. Gross Revenues derived from provision of the integrated Solid Waste Handling Services, whether
such services are performed by Contractor or by a subcontractor or subcontractors, will be recorded as
revenues in the accounts of Contractor. The Contractor
le I
Agreement, and for a period of not less `than four (4) yea
full, complete and accurate 'records including all cash,
Agreement.
preserve, during the Term of this
s following expiration or other termination hereof,
billing and disposal records, as indicated in the
22.01 1.1 City reserves the right to request audited, reviewed, or compiled
financial statements preparedby an independent Certified Public Accountant, or as may be provided by
Contractor or its parent company. In the event that Contractor does not maintain separate financial or
accounting records prepared. specificallyfor services provided under this Agreement, Contractor may use
industry standard allocation methods to provide financial information as applicable to the service provided
under this,Agreement.
22.01.2 Agreement Materials Records. Contractor must maintain records of the quantities
of (i) Residential, MFD; MXD and Commercial Solid Waste Collected and disposed under the terms of this
Agreement, (ii) Recyclable Materials, by type, Collected, purchased, processed, sold, donated or given for
no compensation, and residue disposed under the terms of this Agreement, and (iii) Organic Waste by type,
Collected, purchased, processed, sold, donated or given for no compensation, and residue disposed under
the terms of this Agreement
22.01.3 Other Records. Contractor must maintain all other records reasonably related to
provision of Integrated Solid Waste Handling Services, whether or not specified in this Agreement.
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2680 22.01.4 Failure to Report. The refusal of Contractor to file any of the reports required, or
2681 the inclusion of any materially false or misleading statement or representation made knowingly by Contractor
2682 in such report, shall be deemed a material breach of this Agreement and shall subject Contractor to all
2683 remedies, legal or equitable, which are available to City under this Agreement or otherwise.
2684 22.01.5 Report Format. All reports to be submitted in a format approved by the City,
2685 including electronic data submission in the City's Waste Reporting System and in a format specified by the
2686 City.
2687 22.02 Quarterly Reporting.
2688 22.02.1 General. Quarterly reports must be submitted no later than 5 p.m. PT on the last
2689 day of the month following the end of Quarter in which the receipts are collected and must be provided
2690 electronically using software acceptable to the City. If the last day of the month falls on a day that City is
2691 closed or a holiday, then the report will be due on the next business day. Failure to submit complete quarterly
2692 reporting by the due date will result in penalties as specified in Exhibit 6.
2693 22.02.2 City Reports. Quarterly reports to City. must include:
2694 22.02.2.1 Quarteriv Payment Reporting. The payment report must include
2695 an accounting of Contractor's Gross Revenuas received during the 'preceding Quarter, and the calculated
2696 Franchise Fee and Marketing and Sales of Recyclable Materials Payment.
2697 22.022.2 Franchised Tonnage and Service Data. Contractor must report the
2698 number of unique SFD and MFD accounts serviced, the number of unique Commercial, MXD, and City
2699 accounts serviced, tonnage of Garbage, Recyclable Materials and Organic Waste collected and processed
2700 for diversion broken down by Container type, Residual amounts from Recycling and Organic Waste
2701 Diversion operations that are landfilled Qiantities should be broken down by SFD, MFD, MXD,
2702 Commercial, and City Service Integrated Solid Waste Handling Services. MXD properties must have
2703 tonnage assigned appropriately to Residential and Commercial generators.
2704 22.02.2.3Overweight Vehicle Reporting. The quarterly report must include
2705 a summaiyptal of all instances of overweight Collection Vehicles. This summary must include the number
2706 of overweight vehicle instances expressed as a percentage of the total number of Collection Vehicle loads
2707 transported duringfhe reported quarter.
2708 22.02.2.4 Non -Collection. The quarterly report must include a summary of
2709 each Service Unit receiving a Non -Collection Notice in the previous quarter along with a description for the
2710 Non -Collection Notice.
2711 22.02.2.5 On -hold. The quarterly report must include each Service Unit that
2712 was not billed in the previous quarter.
2713 22.02.2.6 Collection Overage Charges. The quarterly report must include
2714 each Service Unit incurring a charge for a Solid Waste Overage in the previous quarter.
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2715 22.02.2.7 Contamination Reporting. To the extent required by Applicable
2716 Law, the quarterly report must include a summary of all instances of qualifying contamination under the
2717 procedures in Section 5.08. This summary must include the total number of accounts where contamination
2718 occurred, the total number of Contamination Violation Notices issued by Contractor to Service Recipients,
2719 a list of accounts where such notices occurred, and the total number of instances where Collection
2720 Container size or Collection frequency was increased specifically due to contamination. Within twenty (20)
2721 Work Days of request by City, Contractor will provide copies of the Contamination Violation Notices and
2722 the digital documentation of contamination.
2723 22.02.2.8 Service Recipient Complaint Log. The quarterly report must
2724 include the Service Recipient call log collected from the previous quarter. -` -
2725 22.03 Annual Reporting.
2726 22.03.1 General. An annual report must be submitted no later than 5 p.m. PT on January
2727 31, 2024 and each January 3V thereafter for the previous Calendar Year. If January 31' falls on a day that
2728 City is closed, then the report will be due on the next business day. Annual reports must be submitted
2729 electronically in software acceptable to the City. Failure to submit. complete annual reporting by the due date
2730 will result in penalties as specified in Exhibit 6: Annual reports to City must include:
2731 22.03.1.1 Financial Statements. Contractor must submit annual financial
2732 statements for the local operation. Statements need not be reviewed or audited statements.
2733 22.03.1.2''' Annual Sustainability and Compliance Report. Contractor must
2734 complete and submit data sections within their Sustainability and Compliance Plan to document education
2735 and outreach conducted, public event participation, school visits, compliance notices mailed, site visits,
2736 waste audits completed, information distributed, and media used, and community events hosted. This must
2737 include public education activities undertaken during the year, including distribution of bill inserts, collection
2738 notification tags, community information and events, tours and other activities related to the provision of
2739 Integrated Solid Waste Handling Services, and must discuss the impact of these activities on recycling
2740 program participation and Include amounts collected from SFD, MFD, MXD, Commercial, and City Service
2741 Units. The report should include a complete list of all non-exempt commercial accounts, which includes
2742 each non-exempt account's sos as a'covered generator' under AB 341, AB 1826 and SB 1383, the date
2743 and status of contractor's DO ch efforts at each non-exempt account, and the current level of Recycling
2744 and Organics program participation at each non-exempt account.
2745 22.03.1.3 Summary of Programs. An analysis of any Recycling and Organic
2746 Waste Collection, processing and marketing issues or conditions (such as participation, setouts,
2747 contamination, etc.) and possible solutions, discussed separately for Residential and Commercial
2748 programs.
2749 22.03.1 A Solid Waste Data. The number of SFD, MFD, MXD, Commercial,
2750 and City Service Units and the number of Collection Containers distributed by size and Service Unit type
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2751 22.03.1.5 Waste Characterization Data. A breakdown of Solid Waste
2752 (Garbage, Recycling, and Organics) by material type as per CalRecycle material classifications.
2753 22.03.1.6 Recycling Data. Gross tons Collected daily on average by material
2754 type by route for SFD, MFD, MXD, Commercial, and City Recycling service, with map of routes. The
2755 average participation rates by quarter relative to the total number of Service Units by Service Unit type.
2756 Indicate, by material type (and grade where appropriate), annual totals of Recyclable Materials processed
2757 including facility name and location, average cost or price received per ton and total recycling cost or
2758 revenue received for the year. Indicate any quantities, by material type, donated or otherwise disbursed
2759 without compensation. Indicate number of Recycling Collection Containers distributed by size and Service
2760 Unit type. Also provide annual totals and location for residue disposed.
2761 22.03.1.7 Organic Waste Data. Include average daily gross tons Collected
2762 by route, separated by Green Waste and Food Waste, with map of routes. Include the total number of
2763 generators that receive each type of Organic Waste CollectionService provided by the Contractor. Indicate
2764 average daily number of set -outs by route. Indicate average participation rates relative to the total number
2765 of Service Units in terms of weekly set -out counts. Indicate number of Organic Waste Collection Containers
2766 distributed by size and Service Unit type. Indicate, by material type, annual totals of Organic Materials
2767 processed including facility name and location, average cost or,pdce received per ton and total organics
2768 cost or revenue received for the year. Provide totals and location for Residue Disposed. Include the number
2769 of route reviews conducted for prohibited contaminants and the number of Non -Collection Notices issued
2770 to Service Recipients.
2771 22.03.1.8 " Customer Service Log. A copy of the customer service log,
2772 including a summary of the type and number of complaints and their resolution. Copies of a written record
2773 of all calls related to missed pickups and responses to such calls.
2774 22.03.1.9 CusfdmerService Information Sheet. A copy of Contractor's most
2775 recent Customer Service Information Sheet (i.e., customer call center `cheat sheet") for the City or the
2776 equivalent information used by customer service representatives.
2777 22,03.1.10 Overweight Vehicle Data. A summary of all instances of
2778 overweight -Collection Vehicles. This summary must also include the number of overweight vehicle
2779 instances as a Ipercentage of the total number of Collection Vehicle loads transported during the Calendar
2780 Year.
2781 22.03.1.11 Summary Narrative. A summary narrative of problems
2782 encountered with Collection and processing activities and actions taken. Indicate type and number of Non -
2783 Collection Notices left at Service Recipient locations. Indicate instances of property damage or injury,
2784 significant changes in operation, market factors, publicity conducted, needs for publicity. Include description
2785 of processed material loads rejected for sale, reason for rejection and disposition of load after rejection.
2786 22.03.1.12 Collection Container and Vehicle Inventory. An updated complete
2787 inventory of Collection Containers by type and size, and an updated complete inventory of Collection
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2788 Vehicles including for each vehicle: truck number, route number, date purchased, vehicle type, tare weight,
2789 license plate number, fuel type and vehicle make and model.
2790 22.03.1.13 Diversion Rate. Contractor must provide documentation
2791 acceptable to City in its reasonable judgment stating and supporting the Calendar Year's Franchise
2792 Diversion Rate, as calculated in accordance with the provisions of Article 8. Any tonnages diverted and
2793 disposed from large venues and events during the reporting period will be counted towards the calculated
2794 diversion rate.
2795 22.03.1.14 AB 341 AS 1826 and SB 1383 Compliance Data. Contractor
2796 must report the total number of Commercial and MFD/MXD Service Unitsservicedand the number of
2797 containers, container sizes and frequency of collection for Garbage, Recyclable Materials and Organic
2798 Waste for each non-exempt Commercial and MFD/MXD Service Unit. Contractor must also provide the
2799 following information separately for both AB 341 and AS 1826:
2800 22.03.1.15 The total number of non-exempt Commercial, MFD, and MXD
2801 Service Units that fall under the AB 341 or AB 1826 thresholds, and the total number of those non-exempt
2802 Commercial, MFD, and MXD Service Units that are not subscribed. to Commercial, MFD, or MXD Recycling
2803 Collection Service or Commercial, MFD, or MXD Organics Collection Service.
2804 22.03.1.16 A summary of thetype of follow-up outreach that was provided to
2805 those non-exempt Commercial, MFD, and MXD Service Units that are not subscribed to Commercial, MFD,
2806 or MXD Recycling Collection Service or Commercial MFD, or MXD Organics Collection Service.
2807 22.03.1.17 Contractor shall provide proof of training records for Service
2808 Recipient personnel, emergency procedures, Customer Service Courtesy, and how to recognize Illicit
2809 Discharges and stormwater pollution sources..
2810 22.04 Diversion Calculation and Data. By 5 p.m. PT on February 14 and annually thereafter
2811 during the term of this Agreement, Contractor must deliver to City, in the format specified by City, the Calendar
2812 Year's F ised Diversid"e, as` fated in accordance with the provisions of Article 8. Any tonnages
2813 Diverted and disposed from large, venues and events during the reporting period will be counted towards the
2814 calculated Diversion rate
2815 22.05 ":'CalRecvcle.Reports. Contractor will provide reasonable assistance to City in preparing
2816 annual reports to Ca[Recy6etilhe "Electronic Annual Report" or EAR), including but not limited to supplying
2817 required data for preparation of the reports, and completing all required data input in the Waste Reporting
2818 System.
2819 22.05.1 In the event that CalRecycle requires City to report an Implementation Schedule to
2820 comply with AB 341, AB 1826, SB 1383, SB 1594 and other Applicable Laws, Contractor will provide
2821 assistance to City in preparing a report, including Contractors policies and procedures related to compliance
2822 with AB 341, AS 1826, SB 1383, and other Applicable Laws and how Recyclable Materials or Organic Waste
2823 are collected, a description of the geographic area, routes, list of addresses served and a method for tracking
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2824 contamination, copies of route audits, copies of notice of contamination, copies of notices, violations,
2825 education and enforcement actions issued, and copies of educational materials, flyers, brochures,
2826 newsletters, website, and social media.
2827 22.06 Waste Characterization Audit. Contractor must conduct statistically -valid waste audits of
2828 Residential and Commercial Service Recipients' waste once annually, including Recycling, Garbage, and
2829 Organic Waste, and provide characterization data to the City as part of its Annual Report (Section 22.03).
2830 Material types and guidance should follow CalRecycle requirements and/or recommendations.
2831 22.07 Additional Reoorting. Contractor must furnish City with any additional reports as may
2832 reasonably be required, such reports to be prepared within a reasonable time following the reporting period.
2833 Article 23. Nondiscrimination
2834 23.01 Nondiscrimination. In the performance of.all .work and services under this Agreement,
2835 Contractor may not discriminate against any person basedonsuch pon's race, sex, gender, gender
2836 identity, color, national origin, religion, marital status or sexual orientation. Contractor must comply with all
2837 applicable local, State and Federal laws and regulations regarding nondiscrimination, including those
2838 prohibiting discrimination in employment.
2839 Article 24. Service Inquiries and Complaints
2840 24.01 Contractors Customer Service. All service inquiries and complaints will be directed to
2841 Contractor. A representative of Contractor must be available to receive the complaints during normal business
2842 hours. Contractor is required to use the City's Resident Service Center (RSC) or any customer Relationship
2843 Management System put in place by the City in the future for handling of customer complaints received by
2844 the City for hauling, illegal dumping, and any other services under this Agreement. Contractor must participate
2845 in mandatory RSC training before using system and at least annually thereafter. Customer Service training
2846 shall include Service Recipient courtesy, shall prohibit the use of loud or profane language, and shall instruct
2847 Collection crews to perform the work quietly. Contractor shall use its best efforts to assure that all employees
2848 present a neat appearance ,and conduct themselves in a courteous manner. All service complaints will be
2849 handled by Contractor in a prompt and efficient manner. RSC cases must be addressed and resolved within
2850 three (3) Work Days. In the case of a dispute between Contractor and a Service Recipient, the matter will be
2851 reviewed, and a decision made'by the Agreement Administrator.
2852 24 01.1 Contractor will utilize the Customer Service Log to maintain a record of all inquiries
2853 and complaints in a manner prescribed by City.
2854 24.01.2 For those complaints related to missed Collections, where Containers are properly
2855 and timely set out, that are received by 12:00 noon on a Work Day, Contractor will return to the Service Unit
2856 address and Collect the missed materials before leaving the Service Area for the day. For those complaints
2857 related to missed Collections that are received after 12:00 noon on a Work Day, Contractor will have until
2858 the end of the following Work Day to resolve the complaint. For those complaints related to repair or
2859 replacement of Collection Containers, the appropriate Sections of this Agreement will apply.
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2860 24.01.3 Contractor agrees that it is in the best interest of City that all Garbage, Recyclable
2861 Materials, and Organic Waste be collected on the scheduled Collection day. Accordingly, missed Collections
2862 will normally be Collected as set forth above regardless of the reason that the Collection was missed.
2863 However, in the event a Service Recipient requests missed Collection service more than two (2) times in
2864 any consecutive two (2) month period the Agreement Administrator will work with Contractor to determine
2865 an appropriate resolution to that situation. In the event Contractor believes any complaint to be without merit,
2866 Contractor will notify the Agreement Administrator, by e-mail. The Agreement Administrator will investigate
2867 all disputed complaints and render a decision.
2868 24.01.4 Contractor's service and emergency telephone numbers must be accessible by a
2869 local (City) phone number or toll-free number. The service telephone number(s) must be listed in the area's
2870 telephone directories under Contractor's name in the White Pages and available through an online search
2871 and listed on the Contractor's website.
2872
2873
2874
2875
2876
2877
2878
2879
2880
2881
2882
2883
2884
2885
2886
2887
2888
Article 25. Quality of Performance of Contractor
25.01 Intent. Contractor acknowledges and agrees that one of City's primary goals in entering
into this Agreement is to ensure that the Integrated Solid Waste Handling Services are of the highest caliber,
that Service Recipient satisfaction remains at the.. highest level, that maximum diversion levels are achieved,
and that materials Collected are put to the highest and best use to the extent possible.
25.02 Administrative Charges and Penalties Quality performance by the Contractor is of primary
importance. In respect of this, Contractor agrees to Pay City: administrative charges and penalties as detailed
in Exhibit 6 should Contractor fail to meet its responsibilities under this Agreement. Should Contractor be in
breach of the requirements set forth in this; Agreement, it is mutually understood and agreed that the public
will necessarily suffer damages and that such damages, from the nature of the default in performance will be
extremely difficult and impractical to fix. City find, and the Contractor agrees, that as of the time of the
execution of this Agreement it is impractical, if not `impossible, to reasonably ascertain the extent of damages
which will be incurred by City as a result of a breach by Contractor of its obligations under this Agreement.
The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that:
(i) substantial damage results to members of the public who are denied services or denied quality or reliable
breaches causeinconvenience, anxiety, frustration and deprivation of the benefits of this
2889 ways and in varying d
2890 services might be' -"a I %
2891 resulting from denial
2892 monetary terms; and
(embers of the general public for whose benefit this Agreement exists, in subjective
yes of intensity which are incapable of measurement in precise monetary terms; (iii)
)le at`substantially lower costs than alternative services, and the monetary loss
.�rvices or denial of quality or reliable services is impossible to calculate in precise
the termination of this Agreement for such breaches, and other remedies are, at
2893 best, a means of future correction and not remedies which make the public whole for past breaches.
2894 25.03 Procedure for Review of Administrative Charges. The Agreement Administrator may
2895 assess administrative charges and penalties as speclied in Exhibit 6 pursuant to this Agreement quarterly.
2896 At the end of each quarter during the term of this Agreement, the Agreement Administrator will issue a written
2897 notice to Contractor ('Notice of Assessment") of the administrative charges assessed and the basis for each
2898 assessment.
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2899 25.03.1 The assessment will become final unless, within ten (10) calendar days of the date
2900 of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to
2901 present evidence that the assessment should not be made.
2902 25.03.2 The Agreement Administrator will schedule a meeting between Contractor and the
2903 City Manager as soon as reasonably possible after timely receipt of Contractor's request.
2904 25.03.3 The City Manager will review Contractors evidence and render a decision
2905 sustaining or reversing the administrative charges as soon as reasonably possible after the meeting. Written
2906 notice of the decision will be provided to Contractor.
2907 25.03.4 In the event Contractor does not submit a written request for a meeting within ten
2908 (10) calendar days of the date of the Notice of Assessment, the Agreement Administrators determination
2909 will be final.
2910 25.03.5 City's assessment or collection of administrative charges will not prevent City from
2911 exercising any other right or remedy, including the right to terminate this Agreement, for Contractors failure
2912 to perform the work and services in the manner set forth in this Agreement.
2913 25.04 Uncontrollable Circumstances_ "
2914 25.04.1 If either party is prevented from or delayed in performing its duties under this
2915 Agreement by circumstances beyond its control, whether or not foreseeable, including, without limitation,
2916 acts of terrorism, landslides, lightning, forest fires, storms, floods severe weather, freezing, earthquakes,
2917 other natural or man-made disasters, thethreat of such natural or man-made disasters, pandemics (or threat
2918 of same), quarantines, civil disturbances, acts of the public enemy, wars, blockades, public riots, strikes,
2919 lockouts, or other labor disturbances, acts of government or governmental restraint or other causes, whether
2920 of the kind enumerated or otherwise, that are not reasonably within the control of the affected party, then the
2921 affected party will be excused from performance hereunder during the period of such disability.
2922 25.04.2 The party claiming excuse from performance must promptly notify the other party
2923 when it learns of the existence of such cause, including the facts constituting such cause, and when such
2924 cause has terminated.
2925 25.04.3 The interruption or discontinuance of services by a party caused by circumstances
2926 outside of its control will not constitute a default under this Agreement.
2927 Article 26. Performance Bond
2928 26.01 Performance Bond. Within ten (10) Business Days from the date the City Council approves
2929 this Agreement, Contractor must furnish to City, and keep current, a performance bond, or irrevocable letter
2930 of credit (hereinafter collectively "Performance Bond'), issued or drawn upon a surety, bank or financial
2931 institution reasonably acceptable to City and in a form acceptable to the City Attorney, for the faithful
2932 performance of this Agreement and all obligations arising hereunder in an amount as follows:
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2933 26.01.1 From August 1, 2023, and so long as this Agreement or any extension thereof
2934 remains in force, Contractor must maintain a performance bond in the amount of one million dollars
2935 ($1,000,000).
2936 26.01.1.1 The performance bond must be executed by a surety company
2937 licensed to do business in the State of California; having an W or better rating by A. M. Best or Standard
2938 and Poor's; and included on the list of surety companies approved by the Treasurer of the United States.
2939 26.01.1.2 In the event City draws on the bond, all of City's costs of collection
2940 and enforcement of the Bond, including reasonable attorney's fees and costs, must be paid by Contractor.
2941 26.01.1.3 The Performance Bond must be renewed annually for the entire
2942 term of the Agreement and evidence must be provided to City annually.
2943 26.01.1.4 In the event Contractor shall for any reason (except as otherwise
2944 provided in this Agreement) become unable to, or fail in anyway, to perform as required by this Agreement,
2945 City may declare a portion or all of the Performance Bond, as may be necessary to recompense and make
2946 whole the City, forfeited to the City. Upon partial or full forfeiture of the Performance Bond, Contractor shall
2947 restore the Performance Bond to its original amount within t, 0) days of the City's notice to do so.
2948 Failure to restore the Performance to its full amount within thirty (30)days shall be a material breach of this
2949 Agreement.
2950 Article 27. Insurance
2951 2201 Insurance Policies. Contractor must secure and maintain throughout the term of this
2952 Agreement insurance against claims for injuries to persons or damages to property which may arise from or
2953 in connection with Contractors performance of work or services under this Contract. Contractor's
2954 performance of work or services includes perfontranceby Contractors employees, agents, representatives
2955 and subcontractors.
2956 27.02 Minimum Insurance Requirements
2957 27.02.1 General. Liability Insurance. Contractor shall maintain commercial general liability
2958 insurance wilt, coverage at least as broad as Insurance Services Office Form CG 00 01, in an amount not
2959 less than $5,000,10,00 per occOrence, $10,000,000 general aggregate, for bodily injury, personal injury, and
2960 property damage The,policy'must include contractual liability that has not been amended. Any endorsement
2961 restricting standard I . sured contract" language will not be accepted.
2962 27.02.2 Automobile Liability Insurance. Contractor shall maintain automobile insurance at
2963 least as board as Insurance Services Office Form CA 00 01 covering bodily injury and property damages for
2964 all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement
2965 including any owned, hired, non -owned, or rented vehicles, in an amount not less than $10,000,000
2966 combined single limit for each accident.
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2967 27.02.3 Umbrella or Excess Liability Insurance. Contractor shall obtain and maintain an
2968 umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property
2969 damage liability coverage, including commercial general liability, automobile liability, and employer's liability.
2970 Such policy or policies shall include the following terms and conditions:
2971 • A drop-down feature requiring the policy to respond if any primary insurance that
2972 would otherwise have applied proves to be uncollectible in whole or in part for any
2973 reason, other than bankruptcy or insolvency of said primary insurer;
2974 • 'Pay on behalf of working as opposed to °reimbu t";
2975 • Concurrency of effective dates with primary policies.
2976 Should Contractor obtain and maintain an excess liability policy, such policy shall be excess over
2977 commercial general liability, automobile liability, and em liability policies. SudtCfVicy or policies
2978 shall include working that the excess liability policy follows the terms and conditions of the underlying
2979 policies.
2980 27.02.4 Workers' Compensation and Employers Liability: Workers' Compensation limits as
2981 required by the California Labor Code and Ernployers Liability limits'of,$3,000,000 per accident. Contractor
2982 shall submit to City, along with the certificate ofinsurance, a Waiver of Subrogation endorsement in favor of
2983 Agency, its officers, agents, employees, and volunteers.
2984 27.02.5 Environmental Pollution Liability: Pollution legal liability insurance coverage shall be
2985 in an amount no less than $10,600,000, per claim and in the aggregate. Coverage shall be extended a
2986 minimum of three (3) years beyond the term of the contract and such insurance shall contain all standard
2987 extensions customary for such policy and shall cover prior acts.
2988 27.02.6 Cyber Liability Insurance. Contractor shall maintain either an endorsement to its
2989 general liability policy, or a separate policy of insurance covering cyber liability. Said coverage shall be in
2990 the amount of not less than Five Million Dollars ($5,000,000) per occurrence, and Five Million Dollars
2991 ($5,000,000) in the aggregate.
2992 27.03 Insurance Provisions/Requirements.
2993 27.03.1 Additional Insured Status. General liability, automobile liability, and umbrella/excess
11,
2994 liability insurance policies shall provide or be endorsed to provide that City and its officers, officials,
2995 employees, agents, and volunteers shall be additional insureds under such policies.
2996 27.03.2 Requirements not limiting. Requirements of specific coverage features or limits
2997 contained in this section are not intended as a limitation on coverage, limits or other requirements, or a
2998 waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature
2999 is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured
3000 to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Contractor maintains
3001 higher limits than the minimum shown above, the City requires and shall be entitled to coverage for the
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3002 higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified
3003 minimum limits of insurance and coverage shall be available to the City.
3004 27.03.3 Self -Insured Retentions. Any self-insured retentions must be declared to and
3005 approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or
3006 replaced by a deductible, or require proof of ability to pay losses and related investigations, claim
3007 administration, and defense expenses within the retention through confirmation from the underwriter.
3008 27.03.4 Primary/Non-Contributing. Coverage provided by Contractor shall be primary and
3009 any insurance or self-insurance procured or maintained by City shall not be required to contribute with it.
3010 The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess
3011 insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such
3012 coverage shall also apply on a primary and non-contributory ba*JoTthe benefiNkr before the City's
3013 own insurance or self- insurance shall be called upon to protect it as a named insured.
3014 27.03.5 Proof of Insurance. Contractor shall provide certificates of insurance and required
3015 endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and
3016 endorsements must be approved by City's Risk Manager prTONNAlptnencement of performance. Current
3017 certification of insurance shall be kept on file with City for the contract period and any additional length of
3018 time required thereafter. City reserves the right,to require complete certified copies of all required insurance
3019 policies, at any time.
3020 27.03.6 Duration of coverage. Contractor shall procure and maintain for the contract period,
3021 and any additional length of time required thereafter, insurance against claims for injuries to persons or
3022 damages to property, or financial loss which may arise from or in connection with the performance of the
3023 Work hereunder by Contractor, their agents, representatives, employees, or subcontractors.
3024 27.03.7 Ci " iaGf E---... _- In the event any policy of insurance required under
3025 this Agreement does not comply'with these specifications or is canceled and not replaced, City has the right
3026 but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly
3027 reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments.
3028 In the alternative, City may cancel this Agreement.
3029 27.03.8 Acceptable Insurers. All insurance policies shall be issued by an insurance
3030 company currently, authorized by the Insurance Commissioner to transact business of insurance or is on the
3031 List of Approvedand a Insurers in the State of California, with an assigned policyholders' Rating of
3032 A- (or higher) Fm sl Size Category Class VII (or larger) in accordance with the latest edition of Bests
3033 Key Rating Guide, unless otherwise approved by the City's Risk Manager.
3034 27.03.9 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to
3035 this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents,
3036 officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance
3037 evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor
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3038 hereby waives its own right of recovery against City and shall require similar written express waivers and
3039 insurance clauses from each of its subcontractors.
3040 27.03.10 Enforcement of Contract Provisions (Non Estoppel). Contractor acknowledges and
3041 agrees that any actual or alleged failure on the part of the City to inform Contractor of non- compliance with
3042 any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
3043 27.03.11 Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker
3044 and insurers to provide the City with a thirty (30) day notice of cancellation (exceptfor nonpayment for which
3045 a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the
3046 Contractor's insurers are unwilling to provide such notice, then Contractor shall have the responsibility of
3047 notifying the City immediately in the event of Contractor's failure toA&EW aF#Athe required insurance
3048 coverages or insurer's cancellation or non -renewal.
3049 27.03.12 Prohibition of Undisclosed Coverace Limitations. None of the coverages required
3050 herein will be in compliance with these requirements if they include any limiting endorsement of any kind
3051 that has not been first submitted to City and approved of in writing.
3052 27.03.13Separation of Insureds A severability, of interests provision must apply for all
3053 additional insureds ensuring that Contractor' ashall applyl atelytoeachinsuredagainstwhom
3054 claim is made or suit is brought, except with r rets lim alAlity. The policy(ies) shall not
3055 contain any cross -liability exclusions.
3056 27.03.14Pass Through Clause Contractor agrees to ensure that its subconsultants,
3057 subcontractors, and any other party who is brought onto or involved in the project/service by Contractor
3058 (hereinafter collectively ntractor")ovidethe s minimum insurance coverage and endorsements
3059 required of Contractor Contractor agrees to.monitor-and review all such coverage and assumes all
3060 responsibility for ensuring that such coverage 14i'
provided in conformity with the requirements of this section.
3061 However, in %gVA4W,6ontraaNMuboontractor cannot comply with this requirement, which proof must be
3062 submitted to the City, Contractor shall be required to ensure that its subcontractor provide and maintain
3063 insurance coverage and endorsements sufficient to the specific risk of exposure involved with
3064 subcdfflMors scope of word serviMs, with limits less than required of the Contractor, but in all other
3065 terms cohW with the Con . ors requirements under this agreement. This provision does not relieve
3066 the Contractor, of,its contractuah'obligations under the agreement and/or limit its liability to the amount of
3067 insurance coverage, provided by its subcontractors. This provision is intended solely to provide Contractor
3068 with the ability to utilize' asubcontractor who may be otherwise qualified to perform the work or services but
3069 may not carry the same insurance limits as required of the Contractor under this agreement given the limited
3070 scope of work or services provided by the subcontractor. Contractor agrees that upon request, all
3071 agreements with subcontractors, and others engaged in the project, will be submitted to City for review.
3072 27.03.15Citv's Riohts to Revise Specifications The City reserves the right at any time
3073 during the term of the contract to change the amounts and types of insurance required by giving the
3074 Contractor ninety (90) days advance written notice of such change. If such change results in substantial
3075 additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation.
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3076 27.03.16Timely Notice of Claims. Contractor shall give City prompt and timely notice of
3077 claims made or suits instituted that arise out of or result from Contractor's performance under this
3078 Agreement, and that involve or may involve coverage under any of the required liability policies.
3079 27.03.17 Additional Insurance. Contractor shall also procure and maintain, at its own cost
3080 and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper
3081 protection and prosecution of the Work.
3082 Proof of insurance must be mailed to the following address, or any subsequent address as may be
3083 directed by the City.
3084 City of Rosemead
3085 8838 E. Valley Blvd.
3086 Rosemead. CA 91770
3087 27.04 Subcontractors. Contractor must include all subcontractors performing services in the City
3088 as insureds under its policies or subcontractors must obtain separate certificates and endorsements.
3089 27.05 Modification of Insurance Requirements. The, insurance requirements provided in this
3090 Agreement may be modified or waived by CiW,'s'risk manager, in writing, upon the request of Contractor if
3091 City's risk manager determines such modification or waiver is in the best interest of City considering all
3092 relevant factors, including exposure to City.
3093 27.06 Rights of Subrogation. All required, insurance policies must preclude any underwrite"s
s
3094 rights of recovery or subrog '&gam with r to matters related to Contractor's performance of
3095 its obligations under this Agreement, with the express intention of the parties being that the required insurance
3096 coverage protects both parties as the primary coverage for any and all losses covered by the above-described
3097 insurance. Contractor must'ensure that any companies issuing insurance to cover the requirements contained
3098 in this Agreement agree that they will have no recourse against City for payment or assessments in any form
3099 on any poli he c , 'Other tnsurance Provisions' and'Insured Duties in the Event of an
3100 occurrelogMiaim or SuFW Sufi'app4lift any policy of insurance in which City is named as an additional
3101 insured will not apply to City.
3102 27.07 Failure to maintain insurance. Should Contractor fail to obtain or maintain insurance as
3103 required by this Agreement, Contractor shall have seven (7) days to cure the defect, during which time
3104 City shall have the option, but not the obligation to, at Contractor's sole expense: (i) hire replacement waste
3105 hauler services to perform Contractor's tasks until insurance coverage is resumed. or (ii) obtain replacement
3106 insurance coverage during said cure period. Should Contractor fail to correct this defect, City shall have the
3107 option to terminate this Agreement immediately.
3108 Article 28. Hold Harmless and Indemnification
3109 28.01 Hold Harmless for Consultant's Damages. Contractor holds City, its elected and appointed
3110 officials, officers, agents, employees, and volunteers (collectively "City Indemnitees") harmless from all of
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3111 Contractor's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Contractor, to
3112 Contractor's employees, to Contractor's contractors or subcontractors, or to the owners of Contractors firm,
3113 which damages, losses, injuries or liability occur during the work or services required under this Agreement,
3114 or performance of any activity or work required under this Agreement.
3115 28.02 Defense and Indemnity of Third Party Claims/Liability. Contractor shall indemnify, defend
3116 with legal counsel approved by City, and hold harmless City Indemnitees from and against all liability
3117 including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel
3118 fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with
3119 Contractors negligence, recklessness, or willful misconduct in the performance of work hereunder or its
3120 failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is
3121 caused by the active negligence or willful misconduct of City. Should conflict of interest principles preclude a
3122 single legal counsel from representing both City and Contractor, or should City otherwise find Contractor's
3123 legal counsel unacceptable, then Contractor shall reimburse City its costs of defense, including without
3124 limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor
3125 shall promptly pay City any final judgment rendered against City (and its officers, officials, employees and
3126 volunteers) with respect to claims determined by a trier of fact to have been the result of Contractor's
3127 negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing
3128 provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and
3129 will survive termination of this Agreement
3130 28.02.1 Contractors obligations under this Section apply regardless of whether or not such
3131 claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or
3132 penalty, or liability was caused inpart or contributed to by an Indemnitee. However, without affecting the
3133 rights of City under any provision of this Agreement Contractor shall not be required to indemnify and hold
3134 harmless City for liability attributable to the active negligence of City, provided such active negligence is
3135 determined by agreement between the parties or bytiindings of a court of competent jurisdiction. In instances
3136 where City is shown to have beenactively negligent and where City's active negligence accounts for only a
3137 percentage ofthe liability involved, the obligation of the Contractorwill be forthat entire portion or percentage
3138 of liability not attributable to the active: negligence of City.
3139 28.03 Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity,
3140 defense or `hold harmless rights under this Section because of the acceptance by City, or the deposit with
3141 City, of any insurance certrficates or policies described in Article 27.
3142 28.04 Diversionlndemnification. Subject to the requirements of Public Resources Code section
3143 40059.1, which will control in the event of any conflict with the provisions of this Section, Contractor agrees
3144 to protect and defend City Indemnitees with counsel selected by Contractor and approved by City, to pay all
3145 attorneys' fees, and to indemnify and hold City Indemnitees harmless from and against all fines or penalties
3146 imposed by the California Integrated Waste Management Board if the diversion goals specified in California
3147 Public Resources Code section 41780, as it may be amended, are not met by City with respect to the
3148 Materials Collected by Contractor and if the lack in meeting such goals are attributable to the failure of
3149 Contractor to implement and operate the recycling or diversion programs or undertake the related activities
3150 required by this Agreement. In the event CalRecycle provides an administrative process to challenge the
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3151 imposition of a compliance order or a fine or fines, Contractor will be responsible for engaging any consultants
3152 or attorneys necessary to represent City in any challenge. Contractor will be responsible for the retention of
3153 and payment to any consultants engaged to perform waste generation studies (diversion and disposal). All
3154 consultants and attorneys engaged hereunder are subject to the agreement of City and Contractor.
3155 28.05 Hazardous Substances Indemnification. Contractor agrees to indemnify, defend (with
3156 counsel reasonably approved by City), protect and hold harmless the City Indemnitees from and against any
3157 and all Claims of any kind whatsoever paid, suffered or incurred by or against the City Indemnitees resulting
3158 from any repair, cleanup, removal action or response action undertaken pursuant to CERCLA, the Health &
3159 Safety Code orother similar Federal, State or local law or regulation, with respectto Solid Waste or Household
3160 Hazardous Waste Collected and Disposed of by Contractor. The foregoing indemnity is intended to operate
3161 as an agreement pursuant to Section 10E) of CERCLA and Section 25364 of the Health & Safety Code to
3162 defend, protect, hold harmless and indemnify the City Indemnitees from all forms of liability under CERCLA,
3163 the Health & Safety Code or other similar Federal, State or local law or regulation.
3164 28.06 Pr000sition 218 Release. City intends to comply with all applicable laws concerning the
3165 Maximum Service Rates provided under this Agreement. Upon thorough analysis, the parties have made a
3166 good faith determination that the Maximum Service Rates for the Solid Waste Integrated Solid Waste
3167 Handling Services provided under this Agreement are not subject to California Constitution Articles XI IIC and
3168 XIIID because, among other reasons such se,ices are provided by a. private corporation and not by City
3169 pursuant to Article 5, Contractor independently establishesthe rates for services within the limits established
3170 in this Agreement, the receipt of services is voluntary and not required of any property within City, and any
3171 owner or Service Recipient of property within City has the opportunity to avoid the services available under
3172 this Agreement either through .self -hauling or use `of property in such a manner that Solid Waste is not
3173 generated. Accordingly, in the event that a third party challenges the Maximum Service Rates as being in
3174 violation of Article XIIICor XIIID of the California Constitution, or otherwise asserting that the Maximum
3175 Service Rate are an invalid tax,. assessment or -fee, Contractor agrees to waive, release and hold harmless
3176 the City Indemnitees from and against any and all claims Contractor may have against the City Indemnitees
3177 resulting therefrom, and to indemnify and defend City indemnitees, with legal counsel reasonably acceptable
3178 to City, from any third party claim, suit, or other action, whether administrative, legal, or equitable challenging
3179 the Maximum Service Rates authorized under this Agreement or as being in violation of Article XI I IC or XIIID
3180 of the California Constitution or otherwise asserting that the Maximum Service Rate are an invalid tax,
3181 assessment orfee. This Section will survive the expiration or termination of this Agreement for Claims arising
3182 prior to the expiration or termination of this Agreement.
3183 28.07 Employment & Labor Practices. Contractor shall indemnify and hold harmless City
3184 Indemnitees, from any and all liability, damages, claims, costs, and expenses of any nature to the extent
3185 arising from Contractor's personnel and labor practices, including failure to pay and comply with state or
3186 federal prevailing wage laws should such be applicable to Contractors personnel or labor practices or to one
3187 or more of the services is provides pursuant to the Agreement. All duties of Contractor under this paragraph
3188 shall survive termination of this Agreement.
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3189 28.08 Consideration. It is specifically understood and agreed that the consideration inuring to
3190 Contractor for the execution of this Agreement consists of the promises, payments, covenants, rights and
3191 responsibilities contained in this Agreement.
3192 28.09 Obligation. This Agreement obligates Contractor to comply with the foregoing
3193 indemnification and release provisions; however, the collateral obligation of providing insurance must also be
3194 complied with as set forth in this Agreement. The provision of insurance and the coverage limits therein shall
3195 not in any way be a limitation on Contractor's indemnification and defense obligations.
3196 28.10 Subcontractors. Contractor must require all subcontractors performing work in the City to
3197 enter into a contract containing the provisions set forth in Section 27.01 in which contract the subcontractor
3198 fully indemnifies City in accordance with this Agreement.
3199 28.11 Exception. Notwithstanding other provisions of this Agreement, Contractor's obligation to
3200 indemnify, hold harmless and defend City, its officers and employees will not extend to any loss, liability,
3201 penalty, damage, action or suit arising or resulting solely from acts or omissions constituting active
3202 negligence, willful misconduct, breach of this Agreement, or violation of law on the part of City, its officers or
3203 employees.
3204 28.12 Damage by Contractor. If Contractor's employeesor subcontractors cause any injury,
3205 damage or loss to City property, including but not limited tp City streets or curbs, excluding normal wear and
3206 tear, Contractor must reimburse City for City's cost of repairing or replacing such injury, damage or loss. Such
3207 reimbursement is not in derogation of any right of City to be indemnified by Contractor for any such injury,
3208 damage or loss. With the pnor.written approval of City, Contractor may repair the damage at Contractor's
3209 sole cost and expense. Any injury, damage;or loss to private property caused by the negligent or willful acts
3210 or omissions of Contractorto private property must be repaired or replaced by Contractor at Contractor's sole
3211 expense. Disputes between Contractor and its, Service Recipients or private property owners as to damage
3212 to private property are civil matters and complaints of damage will be referred to Contractor as a matter within
3213 its sole responsibility and as a matter within the scope of Section 27.01 [Indemnification).
3214 Article 29. Default of Agreement
3215 29.01-. Termination. City may cancel this Agreement, except as otherwise provided below in this
3216 Section, by giving Contractor thirty (30) calendar days advance written notice, to be served as provided in
3217 this Agreement, upon the happening of any one of the following events:
3218 29.01.1 Contractor takes the benefit of any present or future insolvency statute, or makes a
3219 general assignment for the benefit of creditors, or files a voluntary petition in bankruptcy (court) or a petition
3220 or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness under the
3221 Federal bankruptcy laws or under any other law or statute of the United States or any State thereof, or
3222 consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; or
3223 29.01.2 By order or decree of a court, Contractor is adjudged bankrupt or an order is made
3224 approving a petition filed by any of its creditors or by any of the stockholders of Contractor, seeking its
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3225 reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law
3226 or statute of the United States or of any State thereof, provided that if any such judgment or order is stayed
3227 or vacated within sixty (60) calendar days after the entry thereof, any notice of default will be and become
3228 null, void and of no effect; unless such stayed judgment or order is reinstated in which case, such default
3229 will be deemed immediate, or
3230 29.01.3 By, or pursuant to, or under the authority of any legislative act, resolution or rule or
3231 any order or decree of any court or governmental board, agency or officer having jurisdiction, a receiver,
3232 trustee or liquidator takes possession or control of all or substantially all of the property of Contractor, and
3233 such possession or control continues in effect for a period of sixty (60) calendar days; or
3234
3235
3236
3237
3238
3239
3240
3241
3242
3243
3244
3245
3246
3247
3248
3249
3250
3251
3252
3253
3254
3255
29.01.4 Contractor has defaulted, by failing or refusing to pay in a timely manner the
administrative charges or other monies due City and such default is not cured within thirty (30) calendar days
of receipt of written notice by City to do so; or
29.01.5 Contractor has defaulted by allowing any final judgment for the payment of money
owed to City to stand against it unsatisfied and such default is not cured within thirty (30) calendar days of
receipt of written notice by City to do so; or
29.01.6 In the event that the monies due City under Section 29.01.3 above or an unsatisfied
final judgment under Section 29.01.4 above isthe subject of a judicial proceeding, Contractor will not be in
default if the sum of money is bonded. All bonds must be in the form acceptable to the City Attorney; or
29.01.7 Contractor has defaulted by failing or refusing to perform or observe any of the
terms, conditions or covenants in this Agreement, including, but not limited to, the maintenance of a
performance bond in accordance with Article 26, or any. of the rules and regulations promulgated by City
pursuant thereto or has wrongfully failed or refused to comply with the instructions of the Agreement
Administrator relative thereto and such defautt-is not cured within thirty (30) calendar days of receipt of
written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied
within thirty (30) calendar days following receipt by Contractor of written demand from City to do so,
Contractor fails to commence the remedyof such default within such thirty (30) calendar days following such
written notice or having so commenced fails thereafter to continue with diligence the curing thereof (with
Contractor;having the burden of proof to demonstrate (a) that the default cannot be cured within thirty (30)
calendar days; -and (b) that it is proceeding with diligence to cure such default, and such default will be cured
within a reasonable period of time). However, notwithstanding anything contained herein to the contrary, for
the failure of Contractor to provide Integrated Solid Waste Handling Services for a period of three (3)
3256 consecutive Work Days, City may secure Contractor's records on the fourth (4th) Work Day in order to
provide interim Integrated Solid Waste Handling Services until such time as the matter is resolved and
Contractor is again able to perform pursuant to this Agreement; provided, however, if Contractor is unable
for any reason or cause to resume performance at the end of thirty (30) calendar days all liability of City
3257
3258
3259
3260
under this Agreement to Contractor will cease and this Agreement may be terminated by City.
3261 29.02 Violations. Notwithstanding the foregoing and as supplemental and additional means of
3262 termination of this Agreement under this Article, in the event that Contractor's record of performance shows
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3263 that Contractor has defaulted in the performance of any of the covenants and conditions required herein to
3264 be kept and performed by Contractor three (3) or more times in any twenty-four (24) month period, and
3265 regardless of whether the Contractor has corrected each individual condition of default, Contractor will be
3266 deemed a "habitual violator", will be deemed to have waived the right to any further notice or grace period to
3267 correct, and all such defaults will be considered cumulative and collectively will constitute a condition of
3268 irredeemable default. City will thereupon issue Contractor a final warning citing the circumstances therefore,
3269 and any single default by Contractor of whatever nature, subsequent to the occurrence of the last of such
3270 cumulative defaults, will be grounds for immediate termination of the Agreement. In the event of any such
3271 subsequent default, City may terminate this Agreement upon giving of written final notice to Contractor, such
3272 cancellation to be effective upon the date specified in City's written notice to Contractor, and all contractual
3273 fees due hereunder plus any and all charges and interest will be payable to such date, and Contractor will
3274 have no further rights hereunder. Immediately upon the specified date in such final notice Contractor must
3275 cease any further performance under this Agreement.
3276 29.03 Effective Date. In the event of any the events specified above, and except as otherwise
3277 provided in such subsections, termination will be effective upon the date specified in City's written notice to
3278 Contractor and upon such date this Agreement will be deemed immediately terminated and upon such
3279 termination, except for payment of services rendered up to and including the date of termination, all liability
3280 of City under this Agreement to Contractor will cease, and City will have the right to call the performance bond
3281 and will be free to negotiate with other contracto)S for theoperation of interim and long-term Integrated Solid
i,
3282 Waste Handling Services. Contractor must reimburse City for, all direct and indirect costs of providing any
3283 interim Integrated Solid Waste Handling Services as a result of Contractor's default in this Agreement
3284 29.04 Termination Cumulative. City's rightto terminate this Agreement is cumulative to any other
3285 rights and remedies provided by law or by this Agreement.
3286 29.05 Alternative Service,Should Contractor, for any reason, except the occurrence or existence
3287 of any of the events or conditions set forth in Section 25.04 [Uncontrollable Circumstances], refuse or be
3288 unable for a period of more than forty-eight (48) hours, to Collect a material portion or all of the Solid Waste
3289 which it is obligated under this Agreement to Collect, and as a result, Solid Waste should accumulate in City
3290 to such an extent, in such a manner, or for such a time that the City Manager, in the reasonable exercise of
3291 the City Manager's discretion, should find that such accumulation endangers or menaces the public health,
3292 safety or welfare, then City will, have the right to Agreement with another Solid Waste enterprise to Collect
3293 any or all Solid Waste which Contractor is obligated to Collect pursuant to this Contract. City must provide
3294 twenty-four (24) hours prioi written notice to Contractor during the period of such event, before contracting
3295 with another Solid Waste enterprise to Collect any or all Solid Waste that Contractor would otherwise collect
3296 pursuant to this Agreement for the duration of period during which Contractor is unable to provide such
3297 services. In such event, Contractor must undertake commercially reasonable efforts to identify sources from
3298 which such substitute Solid Waste services are immediately available and must reimburse City for all of its
3299 expenses for such substitute services during period in which Contractor is unable to provide Integrated Solid
3300 Waste Handling Services required by this Agreement.
3301 29.06 Survival of Certain Contractor Obligations. Notwithstanding the termination of this
3302 Agreement by Contractor or City, Contractor's obligation to indemnify, defend and hold City and City
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3303 Indemnitees harmless as provided in this Agreement shall survive termination for five (5) years from the date
3304 of termination. Notwithstanding the termination of this Agreement by Contractor or City, such act shall not
3305 automatically invalidate or cancel any insurance policy, letter of credit, performance bond or similar
3306 instruments provided by Contractor under this Agreement and such policies, letters of credit, performance
3307 bonds and other instruments shall remain in full force and effect for one full year after termination.
3308 Article 30. Modifications to the Agreement
3309 30.01 City -Directed Change. City has the power to make changes in this Agreement to impose
3310 new rules and regulations on Contractor under this Agreement relative to the scope and methods of providing
3311 Integrated Solid Waste Handling Services as may from time -to -time be necessaryand desirable for the public
3312 welfare. The size of Collection Containers specked herein for Bundled Service are designed to meet the
3313 requirements of the Applicable Law, inclusive of the State's recycj&niandates ind4ft AB 341, AB 1826
3314 and SB 1383, and to be appropriate for the capabilities and capacities of available Materials Recovery
3315 Facilities and Organics Waste Processing Facilities at the start of this Agreement. The capabilities and
3316 capacities of such facilities may change during the term of this Agreement; as such City reserves the right to
3317 redirect materials to alternate facilities and change the designated sizes of Carts and/or Bins in Bundled
3318 Services in accordance with any such changes. City will give the Contractor notice of any proposed change
3319 and an opportunity to be heard concerning those matters, and agrees to adjust Service Rates to reflect
3320 additional costs borne by Contractor. The scope and method of providing Integrated Solid Waste Handling
3321 Services as referenced herein will be liberally
IN,
to include procedures, operations and obligations,
3322 financial or otherwise, of Contractor. When such modifications are made to this Agreement, City and
3323 Contractor will negotiate in good faith, a reasonable and appropriate compensation adjustment for any
3324 increase or decrease in the services or other obligations required of Contractor due to any modification in the
3325 Agreement under this Article. City and Contractor will not unreasonably withhold agreement to such
3326 compensation adjustment Should agreement between City and Contractor on compensation adjustment not
3327 be reached within six months of the change request, or other period as agreed upon by both parties, City and
3328 Contractor agree to submit the compensation adjustment to binding arbitration as described in Section 30.02.
3329 30.01.1 Change in Caw. City and Contractor understand and agree that the California
3330 Legislature has the authority to make £comprehensive changes in Integrated Solid Waste Handling
3331 legislation, and that these and other changes in Applicable Law in the future which mandate certain actions
3332 or programs fop counties, municipalities or Contractor may require changes or modifications in some of the
3333 terms, conditions; or obligations under this Agreement. Contractor agrees that the terms and provisions of
3334 the City Municipal Cede, as ft how exists or as it may be amended in the future (in a manner not inconsistent
3335 with this Agreement),`' Mil "apply to all of the provisions of this Agreement and the Service Recipients of
3336 Contractor located within the Service Area. In the event any future change in the Applicable Law, inclusive
3337 of any change in Federal law or regulations, State or local law of regulation, or the City Code that materially
3338 alters the obligations of Contractor, then Contractor shall be obligated to, and hereby agrees to, undertake
3339 such new or modified services or programs or take such other actions as may be necessary to comply with
3340 the Change in Law ("Modified Services'), provided that City and Contractor negotiate in good faith, and
3341 agree upon a reasonable and appropriate compensation adjustment for such Modified Services, prior to
3342 Contractor being obligated to undertake the Modified Services. City and Contractor will not unreasonably
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3343 withhold agreement to such compensation adjustment. Should agreement between City and Contractor on
3344 compensation adjustment not be reached within six months of the change request, or other period as agreed
3345 upon by both parties, City and Contractor agree to submit the compensation adjustment to binding arbitration
3346 as described in Section 30.02. Nothing contained in this Agreement will require any party to perform any
3347 act or function contrary to law.
3348 30.02 Arbitration. Arbitration shall be conducted by a single arbitrator. If, within twenty (20) days
3349 from the receipt of a request to arbitrate (or such longer period mutually agreed to by the parties), the parties
3350 are unable to agree on an arbitrator, then a single arbitrator shall be appointed pursuant to the Commercial
3351 Arbitration Rules of the American Arbitration Association, which shall govern any arbitration requested under
3352 this provision. Each party shall bear its own costs and expenses of any arbitration. Each party shall pay one -
3353 half of the costs of the arbitrator.
3354
Article 31. Legal Representation
3355 31.01 Acknowledgement. It is acknowledged that each party was, or had the opportunity to be,
3356 represented by counsel in the preparation of and contributed equally to the terms and conditions of this
3357 Agreement and, accordingly, the rule that a contract will be interpreted strictly against the party preparing the
3358 same will not apply due to the joint contributions. of both parties.
3359 Article 32 Conflict of Interest
3360 32.01 Financial Interest. Consultant is unaware of any City employee or official that has a
3361 financial interest in Consultants business. During the term of this Agreement and/or as a result of being
3362 awarded this Agreement Consultant shall not offer, encourage or accept any financial interest in Consultant's
3363 business by any City employee or official.
3364 Article 33. Contractor's Personnel
3365 33.01 ` Disolaced Emolovees. Contractor shall offer employment to all qualified displaced
3366 employ the City's firdfiftees from the prior Exclusive Solid Waste Franchise Agreement. Contractors
3367 must retain these displaced employees for a period of not less than 90 days, as provided for in Chapter 4.6,
3368 Sections 1070through 1076 of the California Labor Code. Contractor shall make information about wage
3369 rates, benefits apfijob classifications of employees available to the City priorto any subsequent procurement
3370 for solid waste collection.
3371 33.02 Personnel Requirements. Contractor shall assign only qualified personnel to perform all
3372 services required under this Agreement and shall be responsible for ensuring its employees comply with this
3373 Agreement and all Applicable Laws related to their employment and position. Contractor's employees,
3374 officers, agents, and subcontractors shall not identify themselves or in any way represent themselves as
3375 being employees or officials of City. City may request the transfer of any employee of Contractor who
3376 materially violates any provision of this Agreement, or who is wanton, negligent, or discourteous in the
3377 performance of their duties under this Agreement.
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3378 33.03 Agreement Manager. Contractor shall designate a qualified employee to serve as its
3379 Agreement Manager and must provide the name of that person in writing to City within thirty (30) days prior
3380 to the Commencement Date of this Agreement and annually by January 1 st of each subsequent Calendar
3381 Year of this Agreement and any other time the person in that position changes. The Agreement Manager
3382 must be available to the City through the use of telecommunications equipment at all times that Contractor is
3383 providing Integrated Solid Waste Handling Services in the Service Area. The Contract Manager must provide
3384 City with an emergency phone number where the Contract Manager can be reached outside of normal
3385 business hours.
3386 33.04 Service Supervisor. Contractor shall assign a qualified employee to serve as is Service
3387 Supervisor to be in charge of the Collection Service within the Service Area and must provide the name of
3388 that person in writing to the Agreement Administrator on or before the Commencement Date, and thereafter
3389 annually before January 1st of each subsequent Calendar Year of the Term, and any other time Contractor
3390 changes the employee serving in that position changes. The Service Supervisor must be physically located
3391 in the Service Area and available to the Agreement Administrator through the use of telecommunication
3392 equipment at all times that Contractor is providing Integrated Solid Waste Handling Services. In the event the
3393 Service Supervisor is unavailable due to illness or vacation; Contractor must designate an substitute
3394 acceptable to the City who shall be available and shall have the authority to act in the same capacity as the
3395 Service Supervisor.
3396 33.05 Key Operations Staff. Contractor shall identify a full-time Key Operations Staff consisting
3397 at a minimum of: one (1) Operations Manager; one (1),.Route Supervisor; one (1) Lead Mechanical
3398 Supervisor; and one (1) Service Recipient ServiceSupervisor 100% dedicated to the City. Each Key
3399 Operations Staff will provide thefollowingto City Staff: email address, phone number, cell phone number and
3400 office address.
3401 33.06 Sustainability/Compliance Staff. ,In accordance with Section 20.01, Contractor shall provide
3402 full time Sustainability/Compliance Staff, whoseprimary duties are dedicated to the City.
3403 33.07 Field Personnel Contractor's field operations personnel are required to wear a clean
3404 uniform shirt bearing Contractors name. Contractor's employees, who normally come into direct contact with
3405 the public, including drivers, must bear some means of individual photographic identification such as a name
3406 tag or identification card. Each driver of a Collection vehicle must at all times carry a valid California driver's
3407 license and all other required licenses for the type of vehicle that is being operated.
3408 33.08 Labor: Certifications. Contractor certifies: (i) it is aware of the provisions of Section 3700 of
3409 the California Labor Code that require every employer to be insured against liability for Workers'
3410 Compensation or to undertake self-insurance in accordance with the provisions of that Code; (ii) in the
3411 performance of the Services, Contractor shall not, in any manner, employ any person or contract with any
3412 person so that any part of this Agreement is so performed by such person would be subject to the workers'
3413 compensation laws of the State of California unless and until Contractor gives City a certificate of consent to
3414 self -insure or a certificate of Workers' Compensation Insurance Coverage; and (iii) in the event Contractor
3415 hires any subcontractor who has employees to perform the any part thereof, then Contractor shall either
3416 require the subcontractor to obtain Workers' Compensation Insurance Coverage, or must obtain Workers'
DRAFT AGREEMENT.V1 Page 94 of 128
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3417 Compensation Insurance Coverage for the subcontractor's employees. Before commencing performance
3418 under this Agreement, Contractor shall provide to the City evidence of any Workers' Compensation Insurance
3419 Coverage required by or for this Agreement, and all such coverage shall be endorsed with a waiver of
3420 subrogation in favor of City for all work performed by Contractor, its employees, its agents, and its
3421 subcontractors.
3422 33.09 Subcontractors. Contractor shall not subcontract any portion of this Agreement without the
3423 prior written approval of the City Manager. Contractor is fully responsible to City for the performance of any
3424 and all subcontractors, if any, and shall require any subcontractors to maintain all applicable federal, state,
3425 and local licenses required for the work they are assigned to perform. Contractor shall require any
3426 subcontractors performing work in the City to enter into a written contract that requires such subcontractors
3427 to agree they are independent contractors and have no other agency relationship with City.
3428 Article 34. Exempt Waste
3429 34.01 Contractor is not required to Collect or dispose of Exempt Waste but may offer such
3430 services. All such Collection and disposal of Exempt Waste is not regulated under this Agreement, but if
3431 provided by Contractor must be in strict compliance with all Applicable Laws.
3432 Article 35. Independent Contractor
3433 35.01 In the performance of services pursuant to this Agreement, Contractor is an independent
3434 contractor and not an officer, agent, servant or employee of City. Contractor will have exclusive control of the
3435 details of the services and work performed and over all persons performing such services and work.
3436 Contractor is solely responsible for the acts and omissions of its officers, agents, employees, contractors, and
3437 subcontractors, if any. Neither Contractor'dor its officers, employees, agents, contractors, or subcontractors
3438 will obtain any right to retirement benefits, Workers Compensation benefits, or any other benefits which
3439 accrued to City employees and Contractor expressly waives any claim to such benefits.
3440 35.02, Subcontractors. Contractor will require all subcontractors performing work in the City to
3441 enter into a'contract containing the provisions set forth in the preceding subsection in which contract the
3442 subcontractor agrees that Contractor and subcontractor are independent contractors and have no other
3443 agency relationship with City.
3444 Article 36. Laws to Govern
3445 36.01 The' 1aw'of the State of California governs the rights, obligations, duties and liabilities of
3446 City and Contractor under this Agreement and govern the interpretation of this Agreement.
3447 Article 37. Consent to Jurisdiction
3448 37.01 The parties agree that any litigation between City and Contractor concerning or arising out
3449 of this Contract must be filed and maintained exclusively in the Superior Courts of Los Angeles County, State
DRAFT AGREEMENT.V1 Page 95 of 128
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3450 of California, or in the United States District Court for the Central District of California to the fullest extent
3451 permissible by law. Each party consents to service of process in any manner authorized by California law.
3452 Article 38. Assignment
3453 38.01 No assignment of this Agreement or any right occurring under this Agreement may be
3454 made in whole or in part by Contractor without the express prior written consent of the City. City will have full
3455 discretion to approve or deny, with or without cause, any proposed or actual assignment by the Contractor.
3456 Any assignment of this Agreement made by Contractor without the express written consent of the City will be
3457 null and void and will be grounds for City to declare a default of this Agreement and immediately terminate
3458 this Agreement by giving written notice to Contractor, and upon the date of such notice Contract will be
3459 deemed immediately terminated, and upon such termination all liability of City under this Contract to
3460 Contractor will cease, and City will have the right to call the performance bond and will be free to negotiate
3461 with other contractors, for the services that are the subject of this Agreement. In the event of any assignment
3462 approved by City, the assignee must fully assume all the liabilities of Contractor by way of an assignment and
3463 assumption agreement. A sale or other transfer of more than fifty percent (50%) of the shares, stocks, points,
3464 or other indicia of ownership interest in Contractor shall be considered to be an assignment under this Article
3465 requiring prior written consent of the City. Upon notification to the City, Contractor shall provide to the City
3466 a payment of one hundred fifty thousand dollars ($150,000) for the city to perform its due diligence related to
3467 the requested Assignment.
3468 38.02 The use of a subcontractor to perform., servioes.,under this Contract will not constitute
3469 delegation of Contractor's duties if Contractor has received prior written authorization from the Agreement
3470 Administrator to subcontract such services and the Agreement Administrator has approved a subcontractor
3471 who will perform such services. Contractor will be responsible for directing the work of Contractor's
3472 subcontractors and any compensation due or payable to Contractors subcontractor will be the sole
3473 responsibility of Contractor. The Agreement Administrator will have the right to require the removal of any
3474 approved subcontractor for reasonable cause.
3475 Article 39. Compliance with Laws
3476 39.01 In the performance of this Contractor, Contractor must comply with all Applicable Laws,
3477 including, without limitation, the Rosemead Municipal Code.
3478 39.02 City, shall provide written notice to Contractor of any planned amendment of the Rosemead
3479 Municipal Code that +NOUN substantially affect the performance of Contractor's services pursuant to this
3480 Agreement. Such notiog%ust be provided at least thirty (30) calendar days prior to the City Council's approval
3481 of such an amendment.
Article 40. Permits and Licenses
3483 40.01 Contractor shall obtain, at its own expense, all permits, and licenses required by law or
3484 ordinance and maintain same in full force and effect throughout the term of this Agreement. Contractor must
DRAFT AGREEMENT.V1 Page 96 of 128
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3485 provide proof of such permits, licenses or approvals and must demonstrate compliance with the terms and
3486 conditions of such permits, licenses, and approvals upon the request of the Agreement Administrator.
3487 40.02 The Contractor must have a valid City Business Tax Certificate throughout the term of the
3488 Franchise Agreement.
3489 Article 41. Ownership of Written Materials
3490 41.01 Contractor hereby grants City a non-exclusive license as to all reports, documents,
3491 brochures, public education materials, and other similar written, printed, electronic or photographic materials
3492 developed by Contractor at the request of City or as required under this Agreement, and intended for public
3493 use, without limitation or restrictions on the use of such materials by City. Contractor may not use such
3494 materials that specifically reference City for other purposes without the prior written consent of the Agreement
3495 Administrator. This Article 41 does not apply to ideas or concepts described in such materials and does not
3496 apply to the format of such materials.
3497 Article 42. Waiver
3498 42.01 Waiver by City or Contractor of any breach for violation of any term covenant or condition
3499 of this Agreement will not be deemed to be a waiver of any other term, covenant or condition or any
3500 subsequent breach or violation of the same or of any.other term, covenant, or condition. The subsequent
3501 acceptance by City of any fee, tax, or any other monies which may become due from Contractor to City will
3502 not be deemed to be a waiver by City of any breach for violation of any term, covenant, or condition of this
3503 Agreement.
3504 Article 43. Prohibition Against Gifts
3505 43.01 Contractor represents that Contractor is familiar with City's prohibition against the
3506 acceptance of any gift by a City officer or designated employee. Contractor may not offer any City officer or
3507 designated employee any gifts prohibited by the City.
3508 Article 44. Point of Contact
3509 44.01 The day-to-day dealings between Contractor and City will be between Contractor and the
3510 Agreement Administrator.
3511 Article 45. Notices
3512 45.01 Except as provided in this Agreement, whenever either party desires to give notice to the
3513 other, it must be given by written notice addressed to the party for whom it is intended, at the place last
3514 specified and to the place for giving of notice in compliance with the provisions of this Section. For the present,
3515 the parties designate the following as the respective persons and places for giving of notice:
3516
As to the City:
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3517
3518
3519
3520 As to the Contractor:
3521
3522
3523
3524 45.02 Notices will be effective when received at the address as specified above. Changes in the
3525 respective address to which such notice is to be directed may be made by written notice.
3526 45.03 Notice by City to Contractor of a Collection or other Service Recipient problem or complaint
3527 may be given to Contractor orally by telephone at Contractor's local office with confirmation sent to Contractor
3528 through the Customer Service System by the end of the Workday.
3529 Article 46. Transition to Next Contractor
3530 46.01 In the event Contractor is not awarded an extension or new contract to continue to provide
3531 Integrated Solid Waste Handling servkCes following the expiration or early termination of this Agreement,
3532 Contractor will cooperate fully ,with City and any subsequent contractors to assure a smooth transition of
3533 services described in this Agreement. Sucti'cooperation will include but not be limited to transfer of computer
3534 data, files and tapes; providing routing information, route maps, vehicle fleet information, and list of Service
3535 Recipients; providing a complete, inventory of all Collection Containers; providing adequate labor and
3536 equipment to complete performance of all Integrated Solid Waste Handling Services required under this
3537 Agreement; taking reasonable actions necessary to transfer ownership of carts and bins, as appropriate, to
3538 City, including transporting such containers to a location designated by the Agreement Administrator;
3539 coordinating Collection of Materials set out in new containers if new containers are provided for a subsequent
3540 Agreements,and providing other reports and data required by this Agreement.
3541 Article 47. Contractor's Records
3542 47.01 Contractor shall keep and preserve, during the Term of this Agreement, full, complete, and
3543 accurate financial and accounting records, pertaining to cash, billing, and disposal transactions for the
3544 franchise area, prepared on an accrual basis in accordance with generally accepted accounting principles.
3545 These records and reports are necessary for the City to properly administer and monitor the Agreement and
3546 to assist the City in meeting the requirements of the Act. The Contractor shall keep and preserve, during the
3547 Term of this Agreement, and for a period of not less than four (4) years following expiration or other
3548 termination hereof or for any longer period required by law, full, complete, and accurate records as indicated
3549 in the Agreement.
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3550 47.02 Any records or documents required to be maintained pursuant to this Agreement must be
3551 made available for inspection or audit for the purposes set forth in Section 17.01.3, at any time during regular
3552 business hours, upon written request by the Agreement Administrator, the City Attorney, City Auditor, City
3553 Manager, or a designated representative of any of these officers. Copies of such documents will be provided
3554 to City electronically, available to City for inspection at the local Contractor office, or an alternate site if
3555 mutually agreed upon.
3556 47.02.1 Contractor acknowledges that City is legally obligated to comply with the California
3557 Pudic Records Act ("CPRA'). City acknowledges that Contractor may consider certain records, reports, or
3558 information contained therein, ("Records') which Contractor is required to provide to City under this
3559 Agreement, to be of a proprietary or confidential nature. In such instances, Contractor will inform City in
3560 writing of which records are considered propriety or confidential and shall identify the statutory exceptions
3561 to disclosure provided under the CPRA that legally permit non -disclosure of the Records. At such time as
3562 City receives a request for records under the CPRA or Federal Freedom of InformatP d ("FOIA") or a
3563 subpoena or other court order requesting disclosure of the Records, City will notify Contractorof the request,
3564 subpoena or order and of City's obligation and intent toqnide a res2aie within ten (10) calendar days.
3565 Contractor shall within five (5) calendar days either: (i) consent in writing to the disclosure of the Records;
3566 or (ii) seek and obtain, at Contractor's sole cost and expenseloWder of a court of competent jurisdiction
3567 staying or enjoining the disclosure of the Records. if Contractor fails to timely respond, then City may proceed
3568 to disclosure the Records in which event Contractor agrees waives and releases City of any liability for the
3569 disclosure of the Records. In the event Contractor seeks a court order to stay or enjoining the disclosure of
3570 the Records, Contractor agrees to indemnify and hold harmless the City, its Council, elected and appointed
3571 board or commission members, officers, employees, volunteers and agents (collectively, 'Indemnitees")
3572 from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, proceeding or suit in
3573 law orequity of any and every kind and description, whether judicial, quasi-judicial or administrative in nature,
3574 arising or resulting from or in any way connected with the subject CPRA or FOIA request for the Records.
3575 This Indemnity shall survive the expiration or`termination of this Agreement.
3576 47.03 Where City has reason to believe that such records or documents may be lost or discarded
3577 in the event of the dissolution, disbandment or termination of Contractor's business, City may, by written
3578 request or demand of any of the above-named officers, require that custody of the records be given to City
3579 and that therecords and documents be maintained in City Hall. Access to such records and documents will
3580 be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor -in -
3581 interest.
3582 Article 48. Entire Agreement
3583 48.01 This Agreement and the attached Exhibits constitute the entire Agreement and
3584 understanding between the parties, and the Agreement will not be considered modified, altered, changed, or
3585 amended in any respect unless in writing and signed by the parties.
DRAFT AGREEMENT.V1 Page 99 of 128
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3586
Article 49. Severability
3587 49.01 If any provision of this Agreement or the application of it to any person or situation is to any
3588 extent held invalid or unenforceable, the remainder of this Agreement and the application of such provisions
3589 to persons or situations other than those as to which it is held invalid or unenforceable, will not be affected,
3590 will continue in full force and effect, and will be enforced to the fullest extent permitted by law.
3591 Article 50. Right to Require Performance
3592 50.01 The failure of City at any time to require performance by Contractor of any provision of this
3593 Agreement will in no way affect the right of City thereafter to enforce same. Nor will waiver by City of any
3594 breach of any provision of this Agreement be taken or held to be a waiver of any succeeding breach of such
3595 provision or as a waiver of any provision itself.
3596 Article 51. All Prior Agreements Superseded
3597 51.01 This Agreement incorporates and includes all prior negotiations, correspondence,
3598 conversations, agreements, and understandings applicable to the matters contained in this Agreement and
3599 the parties agree that there are no commitments, agreements of understandings concerning the subject
3600 matter of this Agreement that are not contained in this document Accordingly, it is agreed that no deviation
3601 from the terms of this Agreement will be predicated upon any prior representations or agreements, whether
3602 oral or written.
3603 Article 52. Headings
3604 52.01 Headings in this document are for convenience of reference only and are not to be
3605 considered in any interpretation of this Agreement.
3606 Article 53. Exhibits
3607 53.01 Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Each
3608 such Exhibit is a part of this Agreement, and each is incorporated by this reference. In the event of any
3609 conflicts between this Agreement and the Exhibits, then this Agreement shall take priority.
3610 Article 54. Attorney's Fees
3611 54.01 If litigation is brought by a party in connection with this Agreement, the prevailing party will
3612 be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees,
3613 incurred by the prevailing party in the exercise of any of its rights or remedies under this Agreement or the
3614 enforcement of any of the terms, conditions, or provisions of this Agreement.
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3615
Article 55. Effective Date
3616 55.01 This Agreement will become effective when it is properly executed by City and Contractor
3617 and Contractor will begin Integrated Solid Waste Handling Services under this Agreement as of August 1,
3618 2023.
3619
DRAFT AGREEMENT.V1 Page 101 of 128
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3620
3621
3622
3623
3624
3625
3626
3627
3628
3629
3630
3631
3632
3633
3634
3635
3636
IN WITNESS WHEREOF, City and Contractor have executed this Agreement on the respective
date(s) below each signature.
CITY OF INC.
A General Law City
By: BY
Title:
ATTEST:
City Clerk
APPROVED AS TO FORM
City Attorney
M
DRAFT AGREEMENT.V1
RIV #4862-7000-7618 v1
DRAFT 5/2/2023
By: _
President
Q�
Secretary -
Page 102 of 128
3637 Exhibit 1
3638 City Approved Service Rates
3639
3640
DRAFT AGREEMENT.V1 Page 103 of 128
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3641 Exhibit 2
3642 City Sponsored Events
3643
3644 4th of July Event
3645 (minimum service level includes two 40 -yd Roll -offs for Garbage; twelve 3 -yd Bins, four each
3646 for Garbage, Recyclables, and Organic Waste; and lids & trash liners)
3647
3648 Moon Festival Event
3649 (minimum service level includes three 40 -yd Roll -offs for Garbage; twelve 3 -yd Bins, four each for
3650 Garbage, Recyclables, and Organic Waste; and lids & trash liners)
3651
3652 Fall Fiesta Event
3653 (minimum service level includes one 20 -yd Roll -off for Garbage; eight 3 -yd Bins, 3 for Garbage,
3654 3 for Recyclables, and 2 for Organic Waste; and lids & trash liners)
DRAFT AGREEMENT.V1 Page 104 of 128
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3655 Exhibit 3
3656 List of City Properties and Current Service Levels
3657
City Facilities - Service Levels
Facility Address
Garbage
Recycling
Organic / Green Waste /
Food Waste
Qty
Size
Qty
Size
Qty
Size
4343 ENCINITA AV E
4
3 CY
7933 EMERSON PL
3
3 CY
8301 GARVEY AVE
1
3 CY
8471 KLINGERMAN ST
3
3 CY
8838 VALLEY BLVD
2
3 CY
1
3 CY
1
64 Gal
9101 MISSION DR E
7
3 CY
9108 GARVEY AVE
3
3 CY
1
3 CY
1
54 Gal
2714 River Ave
2
3 CY
1
64 Gal
DRAFT AGREEMENT.V1 Page 105 of 126
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City of Rosemead
Bus Shelter Trashcans
Street Address
Existing
Trashcan
Valley Blvd
[Eastbound]
8338
1
8548
1
8800
1
9000
1
9142
1
9338
1
9542
1
9712
1
[Westbound]
1
9701
1
Merwyn C Gill (NW Corner)
1
9403
9207
1
9001
1
8779
1
8609
1
935 (NW Corner of Delta Ave)
1
San Gabriel Blvd
1
[Northbound]
1
2106
1
2404
1
2518
1
3000
1
3106
1
3246
1
3366
1
[Southbound]
1
DRAFT AGREEMENT.V1
RIV #4862-7000-7618 v1
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Street Address
Existing
Trashcan
Garvey Ave
[Eastbound]
7556
1
7808
1
7822
1
7968
1
8170
n/a
8210
1
8350
1
8526
1
8738
1
8968
1
9094
1
[Westbound]
9105
1
9011
1
8735
1
Walnut Grove Ave (NW
Corner
1
8405
1
8117
1
8001
1
7773
1
7603
1
Mission Dr
[Eastbound]
8410
1
4545 (WG Ave - SW Corner)
1
8762
1
9016 Trashcan Stop Only
1
Page 106 of 128
City of Rosemead
Bus Shelter Trashcans
Street Address
Existing
Trashcan
3367
1
3205
1
3003
1
2722
1
2511
1
2403
1
2139
1
South San Gabriel Blvd
1
[Eastbound]
1
1151 (Delta St -Don Bosco
HS
1
Rose Glen Ave (SW Corner)
1
[Westbound]
1
1000
1
Village Ln (NE Corner)
1
Rosemead Blvd
[Southbound]
1
4461
1
4251
1
3967
1
3827
1
3675
1
[Northbound]
3706
1
3848
1
4008
1
4242
1
4502
1
3658
DRAFT AGREEMENT.V1
RN #4862-7000-7618 v1
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Street Address
Existing
Trashcan
[Westbound]
9063 Explorer Stop Only
n/a
Rosemead Blvd (NW Corner)
1
8807
1
Walnut Grove Ave (NE Corner)
1
Walnut Grove Ave
[Southbound]
3365
1
2751
1
Fern Ave (NW Corner) (2605)
1
Klingerman St (SW Corner)
1
1683 Explorer Stop Only
1
Montebello Town Center
n/a
[Northbound]
2112
Edison Way (NE Corner)
1
2612 (south of)
1
Garvey Ave (SE Corner)
1
Page 107 of 128
3659 Exhibit 4
3660 Collection Container Specifications
E4.01 Cart Specifications.
E4.01.1 All new or replacement Carts must be manufactured with a minimum twenty percent
(20%) post -consumer recycled material content and come with a ten (10) year warranty against defects.
E4.01.2 Carts must be constructed with material that resists deterioration from ultraviolet radiation
and be incapable of penetration by household pets or small wildlife when lids are fully closed.
E4.01.3 Contractor must provide Carts having an approximate volume of 32, 64 and 96 gallons.
Actual cart volume may vary by +/- 10% depending on manufacturer.
E4.01.4 Carts must include wheels and handles that accommodate ease of movement by able-
bodied persons, have heavy duty wheels, attached hinged lids, and be designed to be resistant to
inadvertent tipping due to high winds.
E4.01.5 Carts must include lids that. continuously overlap the Cart body so as to prevent the
intrusion of rainwater and minimize odors. The'lid$ would be of a design and weight so as to prevent the
Cart body from tilting backward when flipping the lid open.
E4.01.6 Carts must be capable of being .lifted into the Collection Vehicle without damage or
distortion under normal usage.
E4.01.7 Carts be hot -stamped, embossed, or'labeled/decaled with the company name, a unique
identification number (i.e., serial numberfor carts), weight limit, and images of the type of materials to be
Collected. All Carts shall also contain instructions'forproper usage. If any of the above is accomplished
via labels or decals, such labels or decals must be maintained and/or replaced as necessary throughout
the term to maintain a near new appearance. Decals/labels showing types of materials collected in each
Cart must be replaced annually.
E4.01.8 Cart and lids must meet all applicable colors and labeling specifications as set forth by
CalRecycle (Le., blue = recycle,'black/charcoal = trash, green/brown = yard waste/mixed organics, green
w/yellow lid or yellow - food waste or other color standards as determined by CalRecycle prior to the
start of this Agreement).
E4.02 Bin Specifications.
E4.02.1 Bins must be constructed of heavy metal or heavy plastic and must be
watertight, well painted, in good condition and without rust or dents.
E4.02.2 Wheels, forklift slots, and other appurtenances, which are designed for
movement, loading, or unloading of the container, must be maintained in good repair.
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cubic yards.
E4.02.3 Contractor must provide Bins having an approximate volume of 1, 2, 3, and 4 -
E4.02.4 Bins must have the name and phone number of Contractor on the exterior so
as to be visible when the Bin is placed for use.
E4.02.5 Each Bin must be labeled with a listing of materials that may and may not be
placed in a particular Bin type, and each Bin must include a conspicuous : "Not to be used for
the disposal of hazardous, electronic, or universal waste.' Bins must be labelled in English and Spanish.
E4.02.6 Bid lids must be constructed of metal or heavy plastic, so as to minimize the
intrusion of rainwater and minimize odors. Locking bins will be provided upon request atthe rate set forth
in Exhibit 1.
E4.02.7 Bins must be capable of being lifted into the Collection Vehicle without damage
under normal usage.
E4.02.8 Bins must meet all applicable colors and labeling specifications as set forth by
CalRecycle (i.e., blue = recycle, black/charcoal= trash,tgreen/brown =yard waste/mixed organics, green
w/yellow lid or yellow = food waste or other color standards as. determined by CalRecycle prior to the
start of this Agreement).
E4.03 Rall -off Container Specifications:
Roll -off specifications shall be the same as Bin specifications E4.02.1 through E4.02.6, and E4.02.8.
Roll -offs shall be provided. in sizes 10, 20, 30, 40 cubic yards. Compactors shall be available in sizes 10,
20,35, 40 cubic yards.
Contractor is responsible for the purchase and distribution of fully assembled and functional Kitchen
Food Waste Pails to all SFD,.;.MFD Dwelling Units, and Mix -use Dwelling Units in the Service Area,
including tanew Dwelling Units that are added to Contractor's Service Area during the term of this
Agreement. The initial distribution of Kitchen Food Waste Pails must be completed no later than August
1, 2023 along with educatignal outreach materials as approved by City and will be provided at no
additional charge (one (1) pail per Dwelling Unit). The distribution to new Dwelling Units must be
completed within three (3) Work Days of receipt of notification from City or the Dwelling Unit.
E4.05 Containers End of Life
Collection Containers must be recycled at the end of their useful life.
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3661
E4.06 Containers Purchase
Contractor shall report all new Carts and Bins purchased pursuant to this Agreement to its address within
the City, and shall report all purchases of Carts and Bins under this Agreement as attributable to the City
for sales tax purposes.
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Page 110 of 128
3662 Exhibit 5
3663 Transition Plan
3664 Service Implementation Plan for the City of Rosemead
3665 Over the last ten years, Valley Vista has successfully rolled out over 120,000 new automated
3666 carts after being awarded several new franchises. Valley Vista's rollout team has developed
3667 processes and quality controls that have perfected their ability to implement a service plan
3668 flawlessly. Our experienced automated cart transition crew can remove and replace between
3669 1,500-2,000 carts per day. In addition to delivering the new cart at the point of service, the delivery
3670 crew attaches a City and route -specific educational packet to the new carts, informing the recipients
3671 about the details of the new collection and recycling programs.
3672
3673 Valley Vista recognizes that a professional, timely, and orderly transition is of paramount concern
3674 to the City and its customers. The following transitional plan has been successfully implemented in
3675 various municipalities and is customized to exAW the City of RosefflWs needs. The
3676 management team and crews experience will p ential in implementing OA&Wnsifion plan
3677 before the service start date of August 1, 2023.
3678
3679 Valley Vista staff and route personnel will be on -hand before and during the commencement of all
3680 phases of the transition. Valley Vista will integrate management, community representatives, and
3681 route managers into the community and present at pre -transition and transition implementation
3682 phases. The purpose of preplanning and becoming accessible to the community is to ensure that
3683 the cart distribution's logistical aspecttamles ally, U dstribution personnel will have
3684 radio contact with Valley Vista route personnel and have contact information readily available
3685 should any questions or concerns arise.
3686
3687 Personnel
3688 The Valley Vista team includes designated contacts, managers, route personnel, community
3689 relations personlqWcygWalley Vista's owners. Over the last several years,
3690 Valley Vista has put a unique attention system in place that mitigates potential concerns and
3691 develops an efficient process to retain the employees of the previous hauler.
3692 Valley Vista is committed to a rapid and efficient transition that includes a comprehensive outreach
3693 program. Valley Vista has identified the following critical milestones.
3694
3695 Upon being notified of the award, Valley Vista will work jointly with City staff on identifying specific
3696 dates and developing a community -minded timeline:
3697 Submit and Review Barrel Delivery and Distribution Program
3698 Submit Vehicle Delivery Schedule and Coordinate with City
3699 Submit Routing Maps Developed by Route Manager
3700 Submit Transition Outreach Material to City for Approval
3701 Prepare Local Outreach Calendar for the following 12 months
3702 Schedule and commence "How to Workshops' and Community Meetings
3703 After approvals: Print Outreach and Public Educations Materials
3704 Commence Cart and Bin Distribution and Education Materials
3705
DRAFT AGREEMENT.V1 Page 111 of 128
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3706 Equipment and Maintenance
3707 Upon the City's approval, Valley Vista will immediately implement the start-up sequence of ordering
3708 bins (pre -ordered and waiting for delivery by ConFab), vehicles, carts (ready for manufacturing by
3709 Rehrig-Pacific), and other equipment necessary for prompt and timely implementation of the
3710 Agreement. Valley Vista will provide a more accurate delivery timeline based on delivery dates
3711 obtained by the manufacturers.
3712
3713 Ordering Vehicles, Carts and Containers
3714 Valley Vista has finalized the production agreements per the proposed schedules provided to the
3715 City. With both the vehicles and containers in order status, Valley Vista will secure manufacturing
3716 time for each product, ensuring all service adherence to all commencement dates.
3717
3718 Vehicles
3719 The Valley Vista's service fleet of vehicles consists of over 200 collection and service vehicles. The
3720 entire fleet has an average age of 5 years. All vehicles are placed out of service or completely
3721 refurbished to a like new condition before their 6th anniversary.
3722
3723 Valley Vista will commence collection operations with late model refurbished and repainted RING
3724 powered vehicles. During the course of Q4 2023' "II be replaced by 2024' model year
3725 new vehicles. These vehicles will allow us to operate throughout the course of the contract without
3726 the City being subject to any extraordinary rate increaserequests due to vehicle replacement,
3727 whether it be due to technology advances, changes in regulation, or fleet vintage requirements.
3728
3729 Valley Vista has ordered the required fleet size toservice the City of Rosemead and will have it
3730 completed and ready by January 2024 should we be awarded the contract. Valley Vista is
3731 committed to the environment as well as the quality of life for generations to come. Valley Vista has
3732 recently invested significant resources into a Renewable Natural Gas (RNG) fleet of vehicles and
3733 fueling systems..'" -
3734
3735 Each new colle h' ity of Rosemead will be painted with Valley Vista's
3736 company name, local: telephone number, and vehicle identification number not less than (3) inches
3737 high before being placed into service for collection. In addition, each vehicle will be periodically
3738 serviced, including paint, regular bodywork, and maintained clean and esthetically pleasing
3739 throughout the duration of the franchise agreement.
3740
3741 Existing Refuse Vehicle Inventory
3742 Ina " f emerge at the City's request: Valley Vista has a fleet of vehiGas to collect all refuse
3743 and recyclables inther City of Rosemead.
3744
3745 Automated Containers
3746 Rehrig Pacific Company of Los Angeles, CA, manufactures the containers proposed for this RFP.
3747 The final order will be placed upon the franchise area contract's successful approval, giving
3748 approximately 2 and 1/2 months for manufacturing and distribution.
3749
3750 Valley Vista will guarantee the manufacturing, distribution, and servicing of all containers on or
3751 before the franchise's requested start date.
3752
DRAFT AGREEMENT.V1 Page 112 of 128
RIV #4862-7000-7618 V1
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3753 With close to 200,000 cart deliveries and seven (7) municipal franchises, Valley Vista has never
3754 missed a cart delivery schedule.
3755
3756 Cart Assemb/v
3757 Rehrig Pacific Company is a full-service cart manufacturer providing the complete assembly and
3758 distribution of all carts. This service is managed and operated by Rehrig Pacific in-house personnel
3759
3760 Valley Vista intends on distributing all carts as follows:
3761
3762 Schedule of Delivery
3763 Before the service commencement date, each resident will receive three (3) fully automated 96-
3764 gallon (default size) containers for green/organic waste, recyclables, and residue collection
3765 services. The green waste containers will be green in color and have a hot stamp in English
3766 identifying the barrel as a 'Green Waste" collection. TW Recycling cdtwer will be blue and
3767 labeled as "Recycling Only" in all approved languageXMb third and final bMWWpewill be black
3768 and designated to collect residues permitted material only. Similar to the previous carts, Valley
3769 Vista will identify the black cart for residue in each required language.
3770
3771 Delivery Guarantee Containers
3772 Rehrig Pacific Company and Valley Vista will guarantee delivery of all the default -automated carts
R
3773 in the timeframe designated by this FP to ensure a smooth and timely cart rollout.
3774
3775 Collecting Old Carts
3776 Over the years, Valley Vista has worked closely with local haulers and communities to remove and
3777 replace old containers. Valley Vista has transitioned seven franchised areas and over 85,000
3778 residential customers.
3779
3780 Valley Vista will work diligently with bath the City and the previous hauler in the safe and expedient
3781 replacement of carts.. All negotiation of costs associated with collecting and removing other hauler
3782 carts by Valley Vista and the other hauler will not impede the replacement rollout program. Valley
3783 Vista will guarantee the collection of each cart and will store said containers. Should carts go
3784 unclaimed Valley Vista will destroy and recycle every cart.
3785
3786 ":Distribution of Bins
3787 F.orithe Commercial and Multifamily Customers, Valley Vista will replace existing bins with Valley
3788 Vista'bins.
3789
3790 Valley Vista will utilize a fleet of three (3) 26' I tgate vehicles capable of holding nine (9) bins
3791 per load anal;*two (2) Bin Delivery vehicles capable of holding three (3) and five (5) bins,
3792 respectively.
3793
3794 Valley Vista will replace the bins following the collection schedule coordinated by Valley Vista and
3795 Republic.
3796 Determining Routes
3797 Valley Vista has received and reviewed the route lists as provided in the RFP. Valley Vista has also
3798 performed field research, driven the City and reviewed street signs for parking restriction times as
3799 well as areas of possible concern.
DRAFT AGREEMENT.V1 Page 113 of 128
RiV #4862-7000-76ie v1
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3801 Commencement Date of Collections
3802 As required in this RFP, Valley Vista is committed to starting all services on the prescribed date.
3803 Should the former service providers agree to remove their containers sooner, Valley Vista will be
3804 ready to guarantee automated collection services upon removing the old service providers'
3805 containers.
3806
3807 The Valley Vista community outreach program will coordinate with the City of Rosemead, including
3808 local face-to-face interaction with residents, multifamily property managers, and owners. Valley
3809 Vista will work with
3810
3811 City staff and local service organizations to identify community outreach opportunities and
3812 organizations to collaborate with while rolling out the new franchise.
3813
3814 Transition Milestones
3815 Submit and Review Barrel Delivery and Distribution Program
3816 Submit Vehicle Delivery Schedule and Coordinate with City
3817 Submit Routing Maps Developed by Route Manager
3818 Submit Transition Outreach Material to City for Approval
3819 Prepare Local Outreach Calendar for the following 12 months
3820 Schedule and commence') ops' an unity Meetings
3821 After approvals: Print Outreach,and Public Educations Materials
3822 Commence Cart and Bin Distribution and Education Materials
3823
3824 Employment of Prior Contractor Employees
3825 Valley Vista S , Ines, dq&aton to thd&lbeing of members of the solid waste hauling and
3826 recycling co ty is in h Vallista's corporate ideals. Valley Vista commits to
3827 retaining employees who have beenemployed by the prior contractor or subcontractors.
3828
3829 As. part of the onboarding process, Valley Vista will perform an in-depth assessment by evaluating
3830 the number of existing personnel servicing the contract and determining if the number of employees
3831 will need to be increased, decreased, or remain the same. Within ten days and upon completing
3832 the evaluation, Valley Vista will interview and subsequently send written offer letters of employment
3833 YWprevious conte rs' personnel. If there are more applicants than there are positions, Valley
3834 Vista will retain qualified employees based on seniority within each job classification. The letter will
3835 inform Ehepotential employee of the deadline to accept the job offer and provide them a minimum
3836 of ten daystc respond. That employment offer is contingent upon the employee successfully
3837 passing all company employment requirements, including controlled substances and alcohol tests,
3838 physical examination, criminal background check required by law as a condition of employment, or
3839 other standard hiring qualifications needed.
3840
3841 Upon the employee's acceptance, the new potential hire will undergo various onboarding
3842 procedures, including introducing the employee to a 'New Hire Mentor' that will coach, answer
3843 questions and assist them through the newtransition. Within the first couple of weeks, all new hires
3844 will undergo training on all internal processes, commence the training and safety procedures
3845 process, and ensure that all needed documentation is fulfilled.
3846 DRAFT AGREEMENT.V1 Page 114 of 126
RIV #4862-7000-7618 V1
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3847 Exhibit 6
3848 Administrative Charges and Penalties
DRAFT AGREEMENT.V1 Page 115 of 128
RIV #4862-7000-7618 v1
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Amount if Not Cured
If Cured in 30
Item
in 30 Days
Days
a.
Failure to respond to each complaint within three (3) Work
$100 per incident per Service Recipient.
Days of receipt of complaint.
b.
Failure to maintain call center hours as required by this
$100 per day.
0-
Agreement.
G.
Failure to submit to City all reports by the deadlines
$100 per day.
-0-
required under the provisions of this Agreement.
-
d.
Failure to include all parts of quarterly and annual reports
specified in Sections 22.02 and 22.03 in the submitted
$100 per day.
-0-
report
e.
Failure to submit to City all payments by the deadlines
. 1% of the total amount due if fees are 1
required under the provisions of this Agreement.
=.10 days late; and 10% of the total
amount due if fees are more than 10
days late.
f.
Failure for Collection Container to be compliant with
$50.00/each Collection
specifications of Exhibit 4. '
Container not
-0-
compliant.
g.
Failure for Collection Container to be compliant with SB
$50.00/each Collection
1383 labeling requirements..
Container not
-0-
compliant.
h
Fa' to dispW name and customer
$100 per incident per
,jQontrefM
0 -
service phone number on Collection Vehicles.
day.
L
Failure to Collect a missed collection Container by close
$1,000 per Calendar
of the, next Work Day upon notice to Contractor, that
year, plus $10 per
-0-
exceeds twenty (20) in any Calendar Year.
incident per day.
j.
Failure to repair or replace damaged Containers within
$1,000 per Calendar year, plus $10 per
the time required by this Agreement, that exceeds twenty
incident per day.
(20) in any Calendar year.
k.
Failure to maintain collection hours as required by this
$100 per day.
-0-
Agreement.
I.
Failure to have Contractor personnel in Contractor-
$25 per day per
-0-
provided uniforms.
employee.
DRAFT AGREEMENT.V1 Page 115 of 128
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Me
DRAFTAGREEMENT.V1
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DRAFT 5/2/2023
Page 116 of 128
Amount if Not Cured
If Cured in 30
Item
in 30 Days
Days
m.
Failure of Contractor to follow Recyclable Materials and
Submit for
Organic Waste Contamination and Overage procedures
approval to
as set forth under Section 5.07 and 5.13.
City and
$100/day for failure to
implement
implement correction
plan of
plan.
correction to
City within 30
days.
n.
Vehicle fluid leak incidents from Contractor Collection
$5000 per
Vehicles in excess of three (3) during a calendar year.
incident in
excess of
three (3)
o.
Failure of Contractor to provide proof of performance
Agreement Default
$500 per day
bond as required by this Agreement
p.
Failure of Contractor to provide proof of insurance as
Agreement Default
$500 per day
required by this Agreement
q.
Failure to provide City with documentation verifying
Submit for
Diversion, as outlined in Section 8.02, was achieved.
approval to
City and
implement
$10,000/Quarter
plan of
correction
within 30
days.
c
Failure to Collect holidaytrees on Collection Days.
$25 per day.
-0-
s.
Failure to commence service to a new Service Recipient
$150 per day
0-
within seven (7) days after order.
t.
Failure to initially respond to a Service Recipient
$50.00 per failure to
complaint within:one (1) business day.
resolve customer
-0-
compliant or request
DRAFTAGREEMENT.V1
aro #4852-7000-7618 vi
DRAFT 5/2/2023
Page 116 of 128
3850 Exhibit 7
3851 Customer Service Plan
3852 We at Valley Vista Services (WS) have designed our customer service plan to ensure that we
3853 develop our knowledgeable staff to provide the best customer service in the business. Our goal is
3854 to facilitate a smooth transition for all new customers, while minimizing any disruption of service or
3855 escalated issues. WS is always prepared and available to meet our customers' needs quickly,
3856 accurately, and professionally, while maintaining the highest standards of customer satisfaction. If
3857 we experience a challenge or fall short in some way, we make it right! Our customer service plan
3858 outlines our contact center, communication, training and development, reliable service, and
3859 customer satisfaction strategies.
3860
3861 Contact Center:
3862 Our customer service department utilizes an omnichannel cloud -based contact center, Cisco
3863 WebEx to streamline contact center operations, quality assurance, reporting, analytics, and staffing.
3864 We track "Average Speed of Answer to ensure cajW answered in a timely ma WS contact
3865 center hours of operation are Monday -Friday (8AMSPM) and Saturday (8AM-1 PM.) For customer
3866 convenience, WS customers can connect with us in a multitude of ways.
3867 • Toll-free phone number.
3868 • City of Rosemead dedicated customer service email.
3869 Online customer service form.
3870 Online payment portal.
3871 0 Web chat.
3872 • After hours voicemails. -
3873 All WS social media channels.
3874 • In person: WS offices.
3875 • In person: City of Rosemead Chamber of Commerce.
3876 Communication:
3877 Rosemead customers can rely on WS to keep them up to dale on all news relating to proper
3878 recycling and waste disposal practices. All educational outreach, city events, newsletters and
3879 recycling resources will be available online and on social media. WS departments communicate
3880 .internally on a regular basis to ensure customers are delighted with our service in all areas. We
3881 streamline our communication in several ways.
3882 • Subscription order: WS will provide detailed information about the new services, rates, extra
3883 serviee details, and all the ways to contact us in the subscription order.
3884 • Contact Inserts: ®wring the transition, WS will mail out "New Customer Contact Inserts" along
3885 with the subscription order to ensure customer account data is accurate and with the most up to
3886 date customer email and phone number.
3887 • Outreach: All customer service outreach and education will include the various ways
3888 customers can connect with our customer service department, as mentioned above.
3889 • WS Website: We prioritize keeping our website up to date with a user-friendly, dedicated page
3890 for the City of Rosemead community.
3891 • Social media: WS recognizes that social media is a powerful resource for customer service.
3892 We post engaging content, upcoming events, and respond to social media requests and
3893 questions on all WS social media channels.
DRAFT AGREEMENT.V1 Page 117 of 128
RIV #4862-7000-7618 V1
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3894 HASR: The Healthy Air and Soil Rosemead program (HASR) is part of our organics recycling
3895 strategy.
3896 • Sustainability team: Our sustainability team reaches out to every commercial customer via
3897 phone call or email for SB1383 education.
3898 Training and Development:
3899 WS strongly believes in continuous training and employee development. We develop our customer
3900 service team to become professional problem solvers and waste educators. We take a collaborative
3901 approach to customer service education to meet the needs of not only our customers, but also the
3902 city of Rosemead's recycling and diversion goals. We believe that fregy Customer engagement
3903 by knowledgeable staff builds the necessary steppingstones for customer receptiveness when it
3904 comes to proper recycling and improving the environment for the City of Rosemead. Our customer
3905 service education involves frequent training and communication,
3906 • WS customer service departmental transition meeting: Before the start of the contract,
3907 our customer service department has in-depth training sessions to go oversew contract
3908 intricacies, city maps and partnership goals.
3909 Training: Our customer service team will be kept up to date about the City of Rosemead
3910 contract requirements on an ongoing basis.
3911 SB1383: Internal SB1383 training on an ongoing basis allows our team to become experts in
3912 the waste and recycling industry. -
3913 Reliable Service:
3914 A top priority is to ensure the WS hauler transition is a smooth process in all areas and for all
3915 customers. WS will work with the previous waste hauler to coordinate a handover that is as
3916 seamless as possible for our customers and for the City of Rosemead. Our customer service
3917 management team and customer service specialists work closely with our operations department
3918 and operations management to monitor service quality and to ensure proper service levels for
3919 waste flow.
3920 • Site visits: At the start of the contract, site visits are documented in our customer accounts to
3921 ensure thatlow Miroute matches the information on the customers
3922 account and billing. '
3923 Service audits: The customer service department follows up on accounts that may need
3924 service level adjustments on a continuous basis.
3925 A: Automatic smalls: The customer service department sends automatic emails for accounts
3926 - with bins that were: blocked or overfilled.
3927 Customer Satisfaction:
3928 With over 65 years of experience, we understand that customer feedback (positive or negative) is a
3929 valuable source of information. When we receive negative feedback, we use that feedback to
3930 identify and correct the root cause of a situation. We understand feedback without action is useless
3931 and, as such, we follow up with customers to ensure our resolution was satisfactory and our
3932 customer feels valued. At WS, we encourage open communication and collaboration. We also
3933 believe in celebrating and sharing positive customer feedback. Engaging our employees to provide
3934 the best customer service in the business is one of the reasons WS has been a thriving service
3935 provider for many years. We foster customer satisfaction in several ways.
3936 • Weekly customer service quality assurance monitoring.
3937 Monthly customer service quality assurance calibration sessions.
3938 • Ongoing training.
DRAFT AGREEMENT.V1 Page 118 of 128
RIV #4862-7000-7618 V1
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3939 • Customer service workshops/ Root cause analysis.
3940 Customer service "Best in Service" employee of the quarter award.
3941 Employee incentives for positive customer feedback.
3942
DRAFT AGREEMENT.V1 Page 119 of 128
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3943 Exhibit 8
3944 Collection Service Operations Plan
3945 Route Operations - Residential
3946 Based upon the information provided in the City's RFP and our own field observations we plan to
3947 operate daily activities as such:
3948 Six residential ASL trucks collecting MSW with the same units doubling back for recycling and
3949 organics/green waste collection respectively. (6 MSW routes 4 hours/day, 3 routes recycling for 4
3950 hours/day, and 3 routes organic/green waste 4 hours/day), with each truck picking up a combined
3951 1,000-1,150 carts per day 5 days per week.
3952 Each route will collect 136-140 carts per hour leaving ample time for trips to and from MRFrrransfer
3953 facilities as well as driver breaks and rest periods.
3954 Each truck will operate 8.5 - 10 hours per day with 4 hours per MSW route and 4 hours per
3955 secondary route (recycling or organics/green waste).
3956 A truck will pass by each service recipient three times per collection day to collect all commodities.
3957 Each ASL collection vehicle will have one driver/operator.
3958 Our vehicle selection is the most advantageous in the Industry due to its configuration and mode
3959 of operation. Automated collection and packing occurs while the truck is idle in order to make as
3960 little noise and extend the fife of all of"' trucks components. The cab has the lowest entry height
3961 in the industry to accommodate egress and entry as safe as, possible for the operator. The cab
3962 has the best forward and peripheral vision allowing the,operator to have a clear view of the area.
3963 All vehicles are the latest near zero emissions RNG powered chassis providing extremely low
3964 emissions while keeping weight to a minimum to maximize payload and greatly reduce roadway
3965 impacts. The chassis uses a 60/40 rear suspension configuration that allows the rear axle to turn,
3966 reducing tire scruff/drag and creating a best in class turning radius while maintaining payload
3967 capacities.
3968 All communications are handled via -our proprietary two-way radio system as well as our on -board
3969 tablets that allow very detailed reporting, video, GPS tracking, truck speed, starts, stops, lift
3970 activation and time stamps, service verification or photo and time stamp of blocked containers,
3971 overfills, improper materials, etc.
3972 Drivers observe, and Al is used to assist identification of contamination in carts as they are dumped
3973 in the hopper. This information is then transmitted back to our database where it is used to send
3974 courtesy reminders or warnings back to the customers. Drivers also provide lid flips based on a
3975 rotation of customers on route.
3976 Each vehicle will collect MSW, curbside recycling, and organics/green waste based on their
3977 assigned route.
3978 • All carts are tracked by serial number attached to a specific address so that we can verify carts per
3979 customer as well as participation. Route audits are also conducted by our teams to verify route
3980 information as well as equipment condition.
3981 One FEL with a two-man team will be used 8— 10 hours daily to collect bulky items, overages, and
3982 abandoned items. These loads will be taken to our MRF for maximum diversion processing.
3983
3984 Route Operations — Commercial
DRAFT AGREEMENT.V1 Page 120 of 128
RIV #4862-7000-7618 V1
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3985 Based upon the information provided in the City's RFP and our own field observations we plan to
3986 operate daily activities as such:
3987 Six commercial FEL two man trucks collecting material days perweek. Four will operate collecting
3988 MSW and two will operate collecting recycling and organic waste.
3989 Commercial routes will collect 10-12 containers per hour, with recycling routes doubling back for
3990 organic waste. As organic recycling participation grows dedicated truck(s) may be added, as
3991 needed.
3992 Each truck will operate 9.5-10 hours per day.
3993 Vehicle passes will depend on customer subscription levels.
3994 • Each commercial FEL is a two-man crew. One driver with a helper to assist in staging containers,
3995 handling any spillage, and operating safely.
3996 Our vehicle selection is the most advantageous in the industry due to its configuration and mode
3997 of operation. The cab has the lowest entry height in the industry to accommodate egress and entry
3998 as safe as possible for the operator and helper. The cab has the best forward and peripheral vision
3999 allowing the operator to have a clear view of the area. All vehicles are the latest near zero
4000 emissions RNG powered chassis providing extremely low emissions while keeping weight to a
4001 minimum to maximize payload and greatly reduce roadway impacts. Organics collection units are
4002 equipped with cart tippers to allow for bin and cart services, as well as power washing systems to
4003 help maintain the cleanliness and success of the organics programs.
4004 All communications are handled via o�i proprietary two-way radio system as well as our on -board
4005 tablets that allow very detailed reporting video, GPS tracking, truck speed, starts, stops, lift
4006 activation and time stamps, service verification or photo and time stamp of blocked containers,
4007 overfills, improper materials, etc.
4008 Drivers can observe, and At is used to assist identification of contamination in carts as they are
4009 dumped in the hopper. This information is then transmitted back to our database where it is used
4010 to send courtesy reminders or warnings back to. the customers. Helpers also provide lid flips based
4011 on a rotation of customers on route.
4012 Each vehicle will collect. MSW, co -mingled recycling, and organics/green waste based on their
4013 assigned route.
4014 All bins/carts are tracked by serial number attached to a specific address so that we can verify
4015 bins/carts per customer as well as participation. Route audits are also conducted by our teams to
4016 .'verify route information; participation, as well as equipment condition.
4017
4018 Collection Days
4019 The collection days proposed for the City of Rosemead will be similar to those of the previous hauler,
4020 but will not fall below six days per week. Upon reviewing the routes for efficiency and thoroughness
4021 with the requirements of the contract, Valley Vista will present an updated implementation plan that will
4022 provide the final daily routes for the City's approval
DRAFT AGREEMENT.V1 Page 121 of 128
RIV #4862-7000-7618 v1
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4023
4024
4025
4026
4027
4028
4029
4030
4031
4032
4033
4034
4035
4036
4037
4038
4039
4040
4041
4042
4043
4044
4045
4046
4047
4048
4049
4050
4051
4052
4053
4054
4055
4056
4057
4058
4059
4060
4061
4062
4063
4064
4065
4066
4067
4068
Exhibit 9
City -Approved Processing and Disposal Facilities
Processing Facility:
GRAND CENTRAL RECYCLING
999 Hatcher Avenue
City of Industry, CA, 91748
Owner/Operator: Grand Central Recycling, Inc.
SWIS # 19 -AA -1042
After materials are cleaned, screened and processed at Grand Central Recycling, residual cleaned
material will then be transported to:
Beneficial Ag Services
8271 Chino Ave
Ontario, CA 91761
Owner/Operator: Beneficial Ag. Services
SWIS # 36 -AA -0470
Recycled Wood Products
13905 Walker Ave.
Ontario, CA 91761
Owner/Operator: Recycled Wood Products
SWIS # 36 -AA -0477....
Residual unprocessed materials will be sent to
LACSD Puente Hills MRF
2808 S. Workman Mill Road
Whittier, CA 90601
Owner/Operator: County of Los Angeles Sanitation District
SWIS'# 19 -AA -1043
EL SOE
10910 C
Corona,
Owner/Operator.'USA Waste Services of California, Inc.
SWIS # 33 -AA -0217
OLINDA ALPHA LANDFILL
1942 N. Valencia Avenue
Brea, CA 92823
Owner/Operator: OC Waste and Recycling
SWIS # 30 -AB -0035
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Page 122 of 128
4069 Exhibit 10
4070 Sustainability and Compliance Plan
4071 At Valley Vista Services (WS) our sustainability team plans to work closely with the City of
4072 Rosemead to meet diversion goals and to meet all state mandates and regulatory requirements for
4073 561383 and AB1826, while also minimizing the environmental impact of our waste service
4074 operations with the Healthy Air and Soil Rosemead program (HASR.) S61383 focuses on the overall
4075 reduction of climate pollutants by diverting organic waste from landfills, while A61826 mandates
4076 businesses, multifamily and residential customers to recycle their organic waste. We closely follow
4077 CalRecycle's government requirements to ensure proper commercial, multifamily and residential
4078 recycling compliance. Additionally, WS assists in the recovery of edible food from restaurants,
4079 businesses and food producers who may generate excess edible food that can be redistributed to
4080 underserved communities who experience food insecurity. The WS sustainability team is a group of
4081 talented and educated individuals who strongly believe in the zero -waste and sustainability initiative.
4082 They are experts in their field who can answer any question, provide tips and resources to
4083 customers, facilitate participation of HASR, and meetcitydiversion goals.
4084
4085 Commercial organics service rollout timeline.
4086 • WS mails out SB1383 letter on behalf of the city of Rosemead.
4087 • WS sustainability team organizes The. Healthy Air and Soil Rosemead program (HASR.) A
4088
multi -language virtual organics workshop for commercial customers to address SB1383
4089
mandates. (Commercial video link s�ple
4090
WS sustainability team will contact every comm4dal customer by phone and email to inform
4091
them of California state mandates and organics service details for future service start dates.
4092
WS Sustainability team: performs waste assessments, collects data and account documentation
4093
to prepare for possible exemptions.
4094
•
WS sustainability submits waiver recommendations to City of Rosemead for review, if
4095
applicable.
4096
•
Weekly mass roll-out of commerciaP9rganicsbarrels starting with food and high waste
4097
generators.
4098
Commercial'oraanics service compliance and enforcement.
4099
WS sustainability team follows up on automatically generated route reports for tagged, empty or
4100
contaminated organics containers. Account is documented and photos are uploaded, when
4101
available.
4102
WS: sustainability team follows up with the account holder of frequently tagged accounts to
4103
provide;putreach and/or on-site training on proper disposal of organic waste.
4104
•
WS sustainability performs site visits and waste assessments on frequently tagged, empty, or
4105
contaminated organics containers with account documentation and supporting photos.
4106
WS sustainability team will conduct annual workshops, or on an as -needed basis, to foster
4107
customer education, participation, and customer compliance.
4108
WS Sustainability specialist dedicated to the City of Rosemead will provide reporting
4109
spreadsheets to the city (as needed) with data regarding the progress of city organic waste
4110
service implementation, site visits, service levels, possible exemptions, 3rd party recycling, food
4111
donation and more.
4112 Commercial edible food recovery and education
DRAFT AGREEMENT.V1 Page 123 of 128
RIV #4862-7000-7618 V1
DRAFT 5/2/2023
4113 VVS aims to reduce food waste by educating food generators on community issues of food
4114 insecurity and hunger.
4115 • VVS collaborates with food banks and other organizations on creating partnerships between
4116 them and VVS customers who have excess edible food.
4117 VVS sustainability team provides resources to commercial food generators on businesses who
4118 can assist in the safe recovery and redistribution of excess edible food for those who are in
4119 need.
4120 Multifamily omanics service roll-out timeline
4121 • VVS sends SB1383 letter on behalf of the city of Rosemead to multifamily property managers.
4122 VVS sustainability team organizes The Healthy Air and Soil Rosemead program (HASR.) A
4123 multi -language in person and virtual organics education workshop for multifamily customers.
4124 • VVS sustainability team will contact property managers by phone and email to inform them of
4125 California state mandates and organics service details for future service implementation start
4126 dates.
4127 VVS coordinates with property managers to provide. SB 1383 letters and kitchen food pails for
4128 multi -family customers.
4129 VVS Sustainability team performs site visits and waste assessments to document collected data
4130 and to prepare for tenant accessible organics barrel or bin placement within the multifamily
4131 complex or community.
4132 Multifamily organics service complianceand enforcement
4133 VVS sustainability team follows up M�automa$cally generated route reports for tagged, empty or
4134 contaminated organics containers.
4135 VVS sustainability team documents tagged, empty, or contaminated organics containers on the
4136 customer's account rting pho . ' , are e-mailed to property managers.
4137 • VVS will conduct annual organics workshops, or on an as needed basis, to ensure customer
4138 education, participation, and compliance
4139 VVS Sustainability specialistdedigated to the. city of Rosemead will provide reporting
4140 spreadsheets to the city (as needed) with data regarding the progress on organic waste service
4141 implementation site visits, service levels, possible exemptions, 3ftl party recycling, and more.
4142 Residential organics service rollout timeline
4143 WS Mails out SB1383 letter on behalf of the city of Rosemead to advise the residential
4144 community of the upcoming start date for organics service implementation.
4145 • WS sustainability team organizes The Healthy Air and Soil Rosemead program (HASR.) A
4146 multi -language virtual and in person organics workshop for residential customers.
4147 One month before implementation date, VVS begins weekly deliveries of food pails to residential
4148 customers: Each food pail is equipped with a starter kit of compostable bags, how-to video OR
4149 code (Vide6; ` -below) and educational residential outreach pamphlets.
4150 VVS sustainability team assists in the distribution of residential food pails to provide additional
4151 information, support, and to answer residential questions regarding organics recycling.
4152 Residential organics service compliance and enforcement
4153 VVS sustainability team follows up on automatically generated route reports for tagged, or
4154 contaminated organics containers.
4155 VVS sustainability, team documents tagged or contaminated organics containers on the
4156 customer's account with supporting photos.
DRAFT AGREEMENT.V1 Page 124 of 128
Rrou48e2-7000-7618 vi
DRAFT 5/2/2023
4157 VVS sustainability team contact residents with frequently tagged organics carts via phone or
4158 email to provide more information, outreach, and training on how to recycle organic waste
4159 properly.
4160 • Reporting analyst provides residential organic tonnage reports to the City of Rosemead.
4161
4162 Video links
4163 Commercial video: httos,/tvimeo con/showcase/9347656/video/682927106
4164 Residential video: httos //vimeo com/showcase/9347656/video/595573149
4165
DRAFT AGREEMENT.V1 Page 125 of 128
RIV #4862-7000-7618 V1
DRAFT 5/2/1023
4166 Exhibit 11
4167 Outreach and Education Plan
4168 At Valley Vista Services (WS) we believe that customer outreach and education is an integral part of
4169 our city partnership and waste reduction strategy goals. We take pride in creating relevant and engaging
4170 content that promotes recycling education and proper waste disposal. VVS also provides educational
4171 and informative billing inserts in multiple languages, at the City of Rosemead's request. Our community
4172 outreach focus consists of frequent community-based engagement by our knowledgeable and friendly
4173 staff. VVS keeps up with all the changes in state and local mandates regarding proper waste disposal
4174 and recycling. It is important that frequent community-based engagement is necessary for long term
4175 success. Some examples of our community outreach are HASR organic workshops, VVS participation
4176 in City of Rosemead events, school recycling presentations, site visits, training, and more. Our goal is
4177 to raise awareness and education on proper waste and recyclingpractices that will make a collective
4178 difference in the communities we serve. From learning about, organics recycling: to how to dispose of
4179 unwanted bulky items properly, we understand that customer participation and cooperation begins with
4180 us, your waste hauler.
4181
4182 Outreach and education: Prior to start of service.':..
4183 • VVS New Hauler Introduction letter
4184 • Subscription order for all new VVS customers that includes current rates, bulky pick-up guideline,
4185 introduction to SB1383 mandates and more.
4186 • "What Goes in what Cart" pamphlet
4187
4188 Outreach and education: Overview
4189 • City of Rosemead new haul4communityintroduction meetings in person and/or virtual in multiple
4190 languages.
4191 • The Healthy Air and Soil Rosemead program (HASR) SB1383 Organics implementation workshops
4192 for residential, commercial, and multifamily.
4193 • Age-appropriate recycling classes for local schools.
4194 • Quarterly community newsletter, or as requested by the City of Rosemead.
4195 • Rosemead Residential Recycling Rewards program (The 4 Rs program.)
4196 • VVS booth managed by knowledgeable staff and fun giveaways at City of Rosemead concerts in
4197 the park and other events.
4198 • Earth Day plant giveaways.
4199 • Quarterly community clean-up events.
4200 • On-site recycling training.
4201 • Customized waste assessments and waste flaw projections for demolition projects in the City of
4202 Rosemead.
4203
DRAFT AGREEMENT.V1 Page 126 of 128
RIV #4862-7000-7618 Vt
DRAFT 5/2/2023
4204 Bulky Pick -Up
4205 • Quarterly community clean up events.
4206 • "How to Dispose of Bulky Items' outreach notices for residential and commercial customers which
4207 detail the multiple ways customers can reach VVS to dispose of unwanted Bulky Waste.
4208 Unlimited and high diversion bulky item and street litter abatement program, as needed per City of
4209 Rosemead request.
4210
4211 SB13831molementation and Education
4212 VVS SB1383 letter on behalf of the City of Rosemead.
4213 Web/mail organics survey for commercial customers.
4214 • The Healthy Air and Soil Rosemead program (HASR) SB1383 Organics implementation workshops
4215
for residential, commercial, and multifamily.
4216
•
How to Videos.
4217
•
Individualized and documented waste assessments and she visits with photos.
4218
•
Automatic route reports for contaminated, empty, or overfilled organics carts/bins.
4219
•
Continuous communication and organics recycling training for all customers and especially for food
4220
generators who may experience high employee turnover.
4221
Resources for food recovery and food donation partnerships.
4222
4223
Social Media Outreach
4224
•
Responsive to all customer questionsend inquiries on all VVS social media channels.
4225
•
Frequent and engaging posts relatinCdy44 ead's .. unity.
4226
•
Social posts about proper recycling, waste disposal processing, VVS employee appreciation, and
4227
more.
4228
•
VVS repost of relevant City of Rosemead environmental and community events.
4229
4230
Additional support for City of Rosemead
4231
•
Analytical reports for SB1383.
4232
•
Diversion reports.
4233
•
Removal of abandonedbulky items in public right of way, as requested by City of Rosemead.
4234
•
Donation of event boxes for special events.
4235
•
City of Rosemead liaison for city staff requests
4236
DRAFT AGREEMENT.V1 Page 127 of 128
RIV #4862-7000-7618 v1
DRAFT 5/2/2023
4237
4238
4239
4240
4241
4242
Exhibit 12
Acceptable Recyclable Materials
Recyclable Materials include but are not limited to:
Aluminum cans
Aerosol cans
Aseptic containers
Brochures
Cardboard
Cereal boxes
Clothes hangers
Computer paper ..
Coupons
Envelopes -
Frozen food boxes and trays
Glass bottles/jars
Glasscosmetic bottles
June mail'
Laundry bottles
DRAFT AGREEMENT.V1
RIV #4862-7000-7618 V1
DRAFT 5/2/2023
Magazines/catalogs
Newspaper
Paper
Paper tubes
.Phone books
Pizza boxes
Plastic containers #147
Plastic film
'Plastic milkjugs
Plastic bags
Polystyrene (Styrofoam)
Tin cans
Tissue boxes
Wrapping paper
Page 128 of 128
Attachment F
Resolution No. 2023-27
RESOLUTION NO. 2023-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA APPROVING THE
FRANCHISE AGREEMENT BETWEEN THE CITY AND
CONSOLIDATED DISPOSAL SERVICES, LLC, DBA
REPUBLIC SERVICES FOR THE COLLECTION AND
TRANSPORTATION OF SOLID WASTE, RECYCLABLE
MATERIALS, ORGANIC WASTE, AND CONSTRUCTION
AND DEMOLITION DEBRIS AND OTHER SPECIFIED
SERVICES
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City of Rosemead
("City") to protect the public health and safety by taking measures in furtherance of its authority
over police and sanitary matters; and
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated
Waste Management Act of 1989 ("Act") (California Public Resources Code section 40000 and
following), established a solid waste management process requiring cities and other local
jurisdictions to implement integrated waste management programs, which maximize the use of all
feasible source reduction, recycling and composting options in order to reduce the amount of solid
waste that must be disposed of in landfills; and
WHEREAS, the Act provides that certain aspects of solid waste handling are of local concern,
including, but not limited to, frequency of collection, means of collection and transportation, level
of services, charges and fees, and nature, location and extent of providing solid waste handling
services; and
WHEREAS, the Act grants cities and other local jurisdictions the authority to provide solid waste
handling services, 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, with
or without competitive bidding, under terms and conditions prescribed by resolution or ordinance
of the governing body of the local jurisdiction; and
WHEREAS, City is responsible for the protection of the public health and safety of the residents
and businesses of the City and solid waste handling services must be provided in a manner
consistent with the exercise of City's duty to protect the public health and safety; and
WHEREAS, Chapter 8.104 of the Rosemead Municipal Code implements Article XI, Section 7
of the California Constitution and the Act, and establishes requirements for the provisions of any
residential or commercial franchise for solid waste handling services; and
WHEREAS, Section 8.104.210(A) of the Rosemead Municipal Code authorizes the City Council
to award exclusive, partially exclusive, or non-exclusive franchised for one or more types of solid
waste handling services for all or a portion of the premises within the City; and
4882-8070-5121 v
WHEREAS, the City conducted a request for proposals process and upon evaluation,
Consolidated Disposal Services, LLC, dba Republic Services (Republic) was found to be the
preferred proposer; and
WHEREAS, A franchise agreement with Republic has been prepared. The Franchise Agreement
will provide solid waste handling services (and other related services) within the jurisdictional
boundaries of the City as they exist today and as they may be adjusted in the future, and address
recent updates in the law; and
WHEREAS, as fully set forth in the staff report and attachments thereto and staff presentation to
the City Council, the Franchise Fee, and other City imposed fees to be paid and/or collected and
remitted by Republic and provided for in the Franchise Agreement are necessary, and reasonably
reflect or are less than the actual costs the City will incur in the administration of the contracted
services, compliance with mandatory state laws and regulations related to the contracted services,
and to mitigate the impacts the contracted services will have on City streets and infrastructure.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rosemead does
hereby resolve, declare, determine, and order as follows:
SECTION 1. The above recitals are correct and are material to this Resolution and are
incorporated into this Resolution as findings of the City Council.
SECTION 2. The approval of the Proposed Franchise Agreement has been reviewed with respect
to applicability of the California Environmental Quality Act ("CEQA"). The project is exempt
from CEQA requirements under CEQA Guidelines Section 15301 because approval and execution
of the Proposed Franchise Agreement involves the operation and licensing of existing facilities
and equipment and does not involve an expansion of use. The Franchise Agreement would provide
the same level of service for solid handling services as currently provided. The project is also
exempt under CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that
there is no possibility approval and execution of the Franchise Agreement would cause a
significant effect on the environment. The Franchise Agreement will not change the operation of
solid waste collection services provided to the City.
SECTION 3. The City Council hereby approves and awards the Franchise Agreement between
the City and Republic for the Collection and Transportation of Solid Waste, Recyclable Materials,
Organic Waste, and Construction and Demolition Debris (Collection Services) and Other
Specified Services, for a ten-year term beginning 1, 2023, and ending
subject to minor modifications of a non -substantive nature approved by the City
Manager and City Attorney.
SECTION 4. City Manager is hereby authorized to execute the Franchise Agreement.
4882-8070-5121 vl
SECTION 5. Severability: If any section, subsection, sentence, clause, or phrase of this
Resolution is for any reason held to be invalid or unconstitutional by a decision of any court of
competed jurisdiction, such decision shall not affect the validity of the remaining portions of this
Resolution. The City Council hereby declares that it would have passed this Resolution and each
section, subsection, sentence, clause, or phrase does not declare invalid or unconstitutional without
regard to whether any portion of this Resolution would be subsequently declared invalid or
unconstitutional.
SECTION 6. The City Clerk shall certify to the adoption of this resolution and hereafter the same
shall be in full force and effect.
DULY AND REGULARLY ADOPTED this 9th day of May, 2023.
CITY OF ROSEMEAD
Sean Dang, Mayor
ATTEST:
Ericka Hernandez, City Clerk
APPROVED AS TO FORM:
Rachel Richman, City Attorney
4882-8070-5121 v
RESOLUTION NO. 2023-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA APPROVING THE
FRANCHISE AGREEMENT BETWEEN THE CITY AND
VALLEY VISTA SERVICES FOR THE COLLECTION AND
TRANSPORTATION OF SOLID WASTE, RECYCLABLE
MATERIALS, ORGANIC WASTE, AND CONSTRUCTION
AND DEMOLITION DEBRIS AND OTHER SPECIFIED
SERVICES
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City of Rosemead
("City") to protect the public health and safety by taking measures in furtherance of its authority
over police and sanitary matters; and
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated
Waste Management Act of 1989 ("Act") (California Public Resources Code section 40000 and
following), established a solid waste management process requiring cities and other local
jurisdictions to implement integrated waste management programs, which maximize the use of all
feasible source reduction, recycling and composting options in order to reduce the amount of solid
waste that must be disposed of in landfills; and
WHEREAS, the Act provides that certain aspects of solid waste handling are of local concern,
including, but not limited to, frequency of collection, means of collection and transportation, level
of services, charges and fees, and nature, location and extent of providing solid waste handling
services; and
WHEREAS, the Act grants cities and other local jurisdictions the authority to provide solid waste
handling services, 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, with
or without competitive bidding, under terms and conditions prescribed by resolution or ordinance
of the governing body of the local jurisdiction; and
WHEREAS, City is responsible for the protection of the public health and safety of the residents
and businesses of the City and solid waste handling services must be provided in a manner
consistent with the exercise of City's duty to protect the public health and safety; and
WHEREAS, Chapter 8.104 of the Rosemead Municipal Code implements Article XI, Section 7
of the California Constitution and the Act, and establishes requirements for the provisions of any
residential or commercial franchise for solid waste handling services; and
WHEREAS, Section 8.104.210(A) of the Rosemead Municipal Code authorizes the City Council
to award exclusive, partially exclusive, or non-exclusive franchised for one or more types of solid
waste handling services for all or a portion of the premises within the City; and
4879-7171-7473 vl
WHEREAS, the City conducted a request for proposals process and upon evaluation, Valley Vista
Services (Valley Vista) was found to be the preferred proposer; and
WHEREAS, A franchise agreement with Valley Vista has been prepared. The Franchise
Agreement will provide solid waste handling services (and other related services) within the
jurisdictional boundaries of the City as they exist today and as they may be adjusted in the future,
and address recent updates in the law; and
WHEREAS, as fully set forth in the staff report and attachments thereto and staff presentation to
the City Council, the Franchise Fee, and other City imposed fees to be paid and/or collected and
remitted by Valley Vista and provided for in the Franchise Agreement are necessary, and
reasonably reflect or are less than the actual costs the City will incur in the administration of the
contracted services, compliance with mandatory state laws and regulations related to the contracted
services, and to mitigate the impacts the contracted services will have on City streets and
infrastructure.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rosemead does
hereby resolve, declare, determine, and order as follows:
SECTION 1. The above recitals are correct and are material to this Resolution and are
incorporated into this Resolution as findings of the City Council.
SECTION 2. The approval of the Proposed Franchise Agreement has been reviewed with respect
to applicability of the California Environmental Quality Act ("CEQA"). The project is exempt
from CEQA requirements under CEQA Guidelines Section 15301 because approval and execution
of the Proposed Franchise Agreement involves the operation and licensing of existing facilities
and equipment and does not involve an expansion of use. The Franchise Agreement would provide
the same level of service for solid handling services as currently provided. The project is also
exempt under CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that
there is no possibility approval and execution of the Franchise Agreement would cause a
significant effect on the environment. The Franchise Agreement will not change the operation of
solid waste collection services provided to the City.
SECTION 3. The City Council hereby approves and awards the Franchise Agreement between
the City and Valley Vista for the Collection and Transportation of Solid Waste, Recyclable
Materials, Organic Waste, and Construction and Demolition Debris (Collection Services) and
Other Specified Services, for a ten-year term beginning 1, 2023, and ending
subject to minor modifications of a non -substantive nature approved by the City
Manager and City Attorney.
SECTION 4. City Manager is hereby authorized to execute the Franchise Agreement.
4879-7171-7473 v1
SECTION 5. Severability: If any section, subsection, sentence, clause, or phrase of this
Resolution is for any reason held to be invalid or unconstitutional by a decision of any court of
competed jurisdiction, such decision shall not affect the validity of the remaining portions of this
Resolution. The City Council hereby declares that it would have passed this Resolution and each
section, subsection, sentence, clause, or phrase does not declare invalid or unconstitutional without
regard to whether any portion of this Resolution would be subsequently declared invalid or
unconstitutional.
SECTION 6. The City Clerk shall certify to the adoption of this resolution and hereafter the same
shall be in full force and effect.
DULY AND REGULARLY ADOPTED this 9th day of May, 2023.
CITY OF ROSEMEAD
Sean Dang, Mayor
ATTEST:
Ericka Hernandez, City Clerk
APPROVED AS TO FORM:
Rachel Richman, City Attorney
4879-7171-7473 v