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CC - Item 5A - Solid Waste Franchise Agreement Compliance and Billing Audit Corrective Actions UpdateROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: RICHARD BELMUDEZ, INTERIM CITY MANAG DATE: SEPTEMBER 8, 2026 SUBJECT: SOLID WASTE FRANCHISE AGREEMENT COMPLIANCE AND BILLING AUDIT CORRECTIVE ACTIONS UPDATE SUMMARY On May 26, 2026, City staff presented an evaluation of the performance of the City's franchised solid waste hauler, Republic Services, with a focus on bulky item collection, graffiti removal from waste containers, and bus shelter maintenance. Staff also presented the preliminary findings of a billing audit of Republic Services conducted by MSW Consultants that identified several billing discrepancies. After the presentation, the City Council directed staff to return with an update on Republic Services' performance and the resolution of the billing audit findings. City staff has worked with Republic Services to reached an agreement that addresses the audit reimbursement amount of $160,941.24, which penalties, and overpayments made by customers. DISCUSSION implement operational improvements and has findings. The mutual agreement consists of a includes the cost of the audit, administrative Republic Services implemented several corrective actions to address the operational issues identified by the City. Public Works staff reviewed performance data for June through July 2026 to evaluate improvements in bulky item collection, graffiti removal from waste containers, and bus shelter maintenance. Bulky Items — Republic Services provides the City with daily bulky item reports identifying call - in requests scheduled for collection, as well as bulky items identified in the field by residents, drivers, and Sustainability Advisors. Under the franchise agreement, bulky item requests received at least two business days in advance must be scheduled for the same day as the resident's regular refuse collection; requests received later are scheduled for the following week's collection day. This process allows Republic Services to schedule bulky item collection requests within nine days. During the review period, Republic Services received 619 resident call -in requests for bulky item pickup and 8 additional bulky item reports identified in the field by their staff. Of these requests, AGENDA ITEM 5.A City Council Meeting September 8, 2026 Page 2 of 6 99 percent were addressed within the nine -day timeframe required by the franchise agreement, representing a 2 percent improvement from the 97 percent compliance rate reported to the City Council in May 2026. The table below summarizes the number of bulky item requests called in to Republic Services and the time it took to close each request: Call -In Requests to Republic Services for Bulky Item Pickup Days from Call -In Number of Requests Percent of Total 0 — 2 Days 258 41% 3 — 5 Days 214 34% 6-7Days ill 18% 8 — 9 Days 36 6% Greater than 9 Days 8 1 % Total 627 100% Abandoned bulky items are reported through the City's Citizen Request Management (CRM) system. Since the City Council meeting, Public Works and Code Enforcement have collaborated to develop a streamlined process for identifying, tagging, and citing residents who abandon bulky items in the public right of way without following the proper procedures with Republic Services for collection. The tags inform residents that they are required to contact Republic Services to schedule a bulky item pickup. The goal of this proactive approach is to reduce the overall amount of abandoned bulky waste throughout the City. During the review period, there were 230 abandoned bulky item requests submitted through the CRM system. Of these requests, 95% were closed within two days, and 5% were closed within five days. While the franchise agreement requires abandoned waste to be collected within one business day, it should be noted that the request closure date in the CRM system may not always reflect the actual date of collection. For example, a request may be recorded as closed on a particular date, while the collection photo uploaded by Republic Services indicates that the bulky item was collected the previous day. As a result, actual response times may be shorter than those reflected in the CRM data. The table below summarizes the number of abandoned bulky item requests submitted through the CRM system and the time it took to close each request: Abandoned Bulky Item Collection Requests from City's CRM System Days to Close Number of Requests Percent of Total 0 — 2 Days 3 — 5 Days 219 11 95% 5 % Total 230 100 % City Council Meeting September 8, 2026 Page 3 of 6 Graffiti on Containers — Republic Services has implemented a new process to improve the timely removal of graffiti from waste containers. Sustainability Advisors are now equipped with approved spray paint and may perform minor touch-ups in the field when graffiti measuring 12 inches by 12 inches or smaller is identified, provided that existing conditions allow for the work to be performed safely. Containers with more extensive graffiti are reported to Republic Services' Operations team for exchange. To improve oversight, Republic Services also provides the City with weekly reports identifying container exchanges related to graffiti reported by Republic Services drivers and local staff. During the June through July 2026 review period, Republic Services staff reported 19 instances of containers with graffiti to be exchanged. The 19 exchanges were completed within the five-day timeframe required by the franchise agreement, with over 80 percent of instances being resolved within two days. The table below summarizes the number of container exchanges for graffiti reported on bins by Republic Services staff and the time it took to close each request: Graffiti on Bins Reported by Republic Services Staff Days to Close Number of Requests Percent of Total 0 — 2 Days 16 84% 3 — 4 Days 3 16% Total 19 - 100% Although the franchise agreement requires containers with graffiti to be replaced within five business days, 100 percent of reported exchanges were completed within four days or less. This represents a significant improvement from the performance previously reported to the City Council, when 43 percent of graffiti requests were addressed within five days and 57 percent exceeded the five-day requirement. In addition to the containers reported by Republic Services staff, the City also receives requests for graffiti on Republic Services containers through the CRM system. During the review period, only three requests were submitted through the CRM system, and all three were addressed within five days as required by the agreement. Bus Shelter Maintenance — Republic Services provides trash collection services at 79 bus shelter locations throughout the City. While the franchise agreement references 78 bus shelters, Republic Services conducted a field assessment to verify the existing locations, as a few shelters have since been removed or are no longer in service. Republic also added additional bus shelter locations that were not originally on the list of bus shelters included in the franchise agreement. Based on the assessment, Republic Services provided the City with an updated inventory identifying 79 active bus shelters and created a service account for each active shelter location to improve tracking of collection services. Previously, the bus shelters were serviced by a small scout truck. Creating accounts for each bus shelter allows Republic to use larger trash trucks to service the shelters, City Council Meeting September 8, 2026 Page 4 of 6 which provides additional GPS data logs showing when collection has been completed at each location. In addition, Republic Services evaluated collection frequencies and identified high -traffic locations that require service beyond the minimum three collections per week required by the franchise agreement. As a result, Republic Services has increased collection frequency from three to five times per week at 13 bus shelters located along Garvey Avenue, Mission Drive, Rosemead Boulevard, San Gabriel Boulevard, and Valley Boulevard. These shelters serve major commercial centers and other high -traffic destinations that generate greater volumes of waste. Previously, only 9 bus shelters received five collections per week, several of which were in areas with lower service demand. Realigning collection frequencies to better reflect actual usage has improved service efficiency, reduced the potential for overflowing trash receptacles, and better addresses the City's maintenance needs. Billing Audit — The City previously presented the preliminary findings of a billing audit on Republic Services to the City Council. The audit identified billing discrepancies affecting commercial and multi -family accounts, with a total of $240,739.94 in potential overcharges. The City subsequently issued a formal Notice of Assessment to Republic Services identifying the City's findings and amount to be reimbursed. In response, Republic Services conducted their own analysis and provided additional information. City staff and Republic Services then met to discuss the audit findings, supporting documentation, and calculations. Following these discussions, City staff conducted additional analysis and revised certain calculations based on the information provided by Republic Services and agreements reached during the discussions. The final amounts to be reimbursed by Republic Services are summarized below: Summary of Billing Audit Resolutions Billing Item Amount from Final Amount to Reasoning for Change Billing Audit be Reimbursed Waivered accounts charged $46,950.55 non-waivered rate Accounts charged for 64- gallon organics cart despite actual service levels $149,515.80 The error was limited to a $12,868.87 6-month period, as shown by additional invoicing. Evidence of organics carts $67,498.78 delivered was provided, indicating that carts were previously on -site Accounts charged incorrect "Extra Yards" rate instead of $13,295.67 $13,295.67 No Changes correct "Overage" rate Late fees inconsistently applied to residential and $30,977. 92 $30,977.92 No Changes commercial accounts City Council Meeting September 8, 2026 Page 5 of 6 Summary of Billing Audit Resolutions Non -compliant containers N/A $1,300.00 Penalty of $50 per identified from on -site audits container (29 containers) Republic agreed to Full cost of billing audit N/A $35,000.00 reimburse the City for the full cost of the billing audit TOTAL $240,739.94 $160,941.24 Based on the City's review of the additional documentation provided by Republic Services and subsequent discussions regarding the audit findings, the City and Republic Services have reached an agreement on the final reimbursement amounts. Republic Services will reimburse service account holders in an amount totaling $124,641.24 for the identified billing discrepancies. A payment of $1,300 in administrative penalties and $35,000 for the full cost of the billing audit will be made to the City, for a total reimbursement amount of $160,941.24. Remediation Plan Republic Services has also prepared a Remediation Plan outlining how it will proceed with reimbursing affected accounts. To ensure these billing issues are resolved and do not recur, the City will work with MSW Consultants to conduct quarterly billing reviews of all commercial and multi -family accounts. These reviews will monitor Republic Services' billing practices and compliance with the Franchise Agreement and help ensure that rates and charges are applied accurately and consistently going forward. STAFF RECOMMENDATION It is recommended that the City Council receive and file this report. FISCAL IMPACT The City will be reimbursed for the full cost of the billing audit, totaling $35,000. Additionally, Republic Services will pay the City a penalty amount of $1,300 for containers found to be non- compliant with the requirements of the franchise agreement. In total, the City will receive a payment of $36,300 from Republic Services. The payment of $35,000 will offset the auditing services expenditures incurred by the City throughout the auditing period. ENVIRONMENTAL REVIEW The proposed action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(5), as it constitutes an administrative activity of the City involving general policy direction and does not commit the City to a specific project or result in a physical change to the environment. City Council Meeting September 8, 2026 Page 6 of 6 STRATEGIC PLAN IMPACT The management and implementation of solid waste services is consistent with the 2030 Strategic Plan' s Goal C "Infrastructure and Facilities". PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Submitted by: j"iG u t i r 'r�e z-,'ID'i r- e-c t o r� orks Attachment A: Solid Waste Contract Performance & Billing Audit Follow -Up Presentation Attachment B: Revised Billing Audit Final Report (MSW Consultants) Attachment C: Republic Services Letter of Assessment Resolution Attachment A Solid Waste Contract Performance & Billing Audit Follow -Up Presentation Solid Waste Contract Performance & Billing Audit Follow-Up A review of corrective actions and billing audit resolution since the May 26, 2026 Council update. Arlene Tieu –City of Rosemead Public Works Administrative Analyst Girard Mobley –MSW Consultants Senior Consultant Stephen Herring –Republic Services General Manager September 8, 2026 COUNCIL UPDATE Agenda 01 Bulky Item Pick Up, Graffiti on Waste Containers, and Bus Shelter Collection Services Service performance updates 02 Billing Audit Resolution Final reimbursement amount and recommendations 03 Remediation Plan and Next Steps Reimbursement plan and options to consider CITY OF ROSEMEAD | PUBLIC WORKS SEPTEMBER 8, 20262 SINCE MAY 26, 2026 Performance Snapshot 99% BULKY ITEM CALL-INS within 9-day contractual timeframe 100% GRAFFITI EXCHANGES within 5-day contractual timeframe 13 HIGH-USE BUS SHELTERS locations increased to 5 collections/week The July review shows measurable improvement in the areas previously identified for corrective action. CITY OF ROSEMEAD | PUBLIC WORKS SEPTEMBER 8, 20263 01 | PERFORMANCE Bulky Item Collection 619 RESIDENT CALL-IN requests during review period 8 FIELD REPORTS additional bulky items reported by Republic staff WITHIN 9-DAY TIMEFRAME 97% 99% May Review July Review 2-percent improvement from May's 97% 627 TOTAL BULKY ITEM REPORTS Combined resident call-ins and field- identified items during the review period. Daily reports provide the City with better visibility into scheduled requests and bulky items identified in the field. CITY OF ROSEMEAD | PUBLIC WORKS SEPTEMBER 8, 20264 01 | PERFORMANCE Abandoned Bulky Items 230 CRM REQUESTS 95% CLOSED WITHIN 2 DAYS NEW CITY PROCESS Public Works and Code Enforcement developed a streamlined process for identifying, tagging, and citing residents who leave bulky items in the public right-of-way. Current CRM data does not provide sufficient information to calculate compliance specifically against the one- business-day collection requirement. CONTRACT BENCHMARK: 1 BUSINESS DAY CITY OF ROSEMEAD | PUBLIC WORKS SEPTEMBER 8, 2026 71% 95% May Review July Review % ADDRESSED WITHIN 2 DAYS 5 01 | PERFORMANCE Graffiti on Waste Containers 19 REPUBLIC-REPORTED containers for exchange 100% COMPLETED WITHIN 4 DAYS new field-response process 3 CITY CRM REQUESTS all addressed within 5 days NEW FIELD-RESPONSE PROCESS Sustainability Advisors equipped with approved spray paint. Minor touch-ups measuring 12 inches by 12 inches may be completed in the field when conditions allow for the work to be performed safely. More extensive graffiti is referred to Operations for container exchange. % WITHIN 5 DAYS 43% 100% May Review July Review MAY → JULY 43% → 100% of graffiti container exchanges completed within 5-day requirement CITY OF ROSEMEAD | PUBLIC WORKS SEPTEMBER 8, 20266 01 | PERFORMANCE Bus Shelter Maintenance 79 ACTIVE SHELTERS verified by audit conducted by Republic Services 13 HIGH-USE SHELTERS now at 5 collections/week 3×/week MINIMUM FREQUENCY required by franchise agreement Republic Services created service accounts for each active shelter to improve tracking and re-evaluated collection frequency based on actual use. GOAL Align service frequency with high-traffic locations and reduce overflowing receptacles. CITY OF ROSEMEAD | PUBLIC WORKS SEPTEMBER 8, 2026 9 13 Previous Current HIGH-USE SHELTER COLLECTIONS -5x / WEEK 7 02 | FINAL RESOLUTION Billing Audit: Final Amounts Billing Item Audit Finding Final Reimbursement Reason for Change Waivered accounts charged non-waivered rate $46,950.55 $12,868.87 Additional invoicing showed that the error was limited to a 6-month period Additional 64-gallon organics cart charges $149,515.80 $67,498.78 Additional evidence of organics cart being delivered was provided, indicating that carts were previously on-site for some accounts Incorrect “Extra Yards” rate $13,295.67 $13,295.67 No changes Late fee charges $30,977.92 $30,977.92 No changes Total $240,739.94 $124,641.24 The $35,000 reimbursement for the full audit cost and the $1,300 administrative penalty for non-compliant containers is separate from the billing-related reimbursement shown above. CITY OF ROSEMEAD | PUBLIC WORKS SEPTEMBER 8, 20268 02 | FINAL RESOLUTION Resolution to Audit Findings $240,739.94 ORIGINAL AUDIT FINDING billing discrepancies and overcharges $124,641.24 FINAL BILLING REIMBURSEMENT after additional documentation and analysis $36,300 PAYMENTS TO CITY cost of billing audit and penalty for non- compliant containers TOTAL CITY REIMBURSEMENT $160,941.24 Final resolution Based on supporting documentation provided by Republic Services, the audit findings were adjusted as appropriate, and the resulting amounts were agreed upon by the City and Republic Services. $124,641.24 billing reimbursement + $36,300 payment to City CITY OF ROSEMEAD | PUBLIC WORKS SEPTEMBER 8, 20269 02 | FINAL RESOLUTION Recommendations MSW Consultants and City staff recommends the following measures to improve Republic Services' billing process. CITY OF ROSEMEAD | PUBLIC WORKS SEPTEMBER 8, 2026 1 2 3 3 Perform scheduled Quality Assurance/Quality Control (QA/QC) reviews of rates and charges within its billing system using a standardized checklist approved by the City and provide associated documentation quarterly. Establish a written process to capture and maintain City-approved organics service waivers to ensure correct rates are charged for these accounts. Implement a written procedure to review additional service rates, including overage fees, additional organics charges, and late fees, to ensure they are billed in accordance with the franchise agreement. 10 03 | REMEDIATION PLAN Next Steps for Credits End of 2026 CREDITS SUBSTANTIALLY COMPLETE most customer credits processed 60 Days PAYMENT ISSUANCE payments to the City for audit cost and penalties completed July 2027 ALL FINDINGS ADDRESSED all customer credits processed and findings addressed ADDITIONAL RESEARCH REQUIRED Some customers will require a great deal of research if they no longer are in Rosemead or no longer have an active account. CITY OF ROSEMEAD | PUBLIC WORKS SEPTEMBER 8, 202611 03 | REMEDIATION PLAN Measures to Ensure Correct Billing 1 Annual review of all rates in the billing system to confirm accuracy. 2 Full audit of the first billing cycle after each annual price increase to ensure accuracy. 3 Continued partnership with City staff for regular reviews and providing any data required to ensure accuracy. CITY OF ROSEMEAD | PUBLIC WORKS SEPTEMBER 8, 2026 Republic Services proposes the following measures to ensure correct billing moving forward. 12 CLOSING Conclusion & Next Steps 01 Measured improvement Bulky item pickup, graffiti removal, and bus shelter collection improved following corrective measures. 02 Billing audit resolved Republic Services will reimburse the City $160,941.24, including $124,641.24 for billing discrepancies and $36,300 for the audit cost and administrative penalties. 03 Ongoing oversight Staff will continue monitoring Republic Services' performance, billing practices, and compliance with the Franchise Agreement. MSW Consultants will conduct quarterly reviews of Republic Services’ billing to monitor ongoing billing accuracy and contract compliance. CITY OF ROSEMEAD | PUBLIC WORKS SEPTEMBER 8, 2026 1 13 Questions & Discussion Attachment B Revised Billing Audit Final Report (MSW Consultant) I4. M rsr7 TES% CITY OF ROSEMEAD BILLING AUDIT OF REPUBLIC SERVICES FINAL REPORT PREPARED BY CONSULTANTS AUGUST 20, 2026 PAGE INTENTIONALLY LEFT BLANK BILLING AUDIT OF REPUBLIC SERVICES TABLE OF CONTENTS 1. Executive Summary...............................................................................................................................1 2. Background and Objectives.................................................................................................................. 2 2.1 Background..................................................................................................................................2 2.2 Audit Objectives.......................................................................................................................... 2 2.3 Procedures...................................................................................................................................2 3. Billing Accuracy.....................................................................................................................................3 3.1 Confirm Fee Payments................................................................................................................3 3.2 Confirm Billing Accuracy..............................................................................................................4 3.3 Late Fee Review...........................................................................................................................7 3.4 Special Case Review.....................................................................................................................9 1. EXECUTIVE SUMMARY MSW Consultants was retained by the City of Rosemead (City) to conduct a billing audit of Republic Services (Republic). The term of the agreement between the City and Republic began on August 1, 2023, and extends through June 30, 2033. This report describes the background, objectives, procedures, and findings related to our audit of Republic Services. The objectives of our audit were to determine whether Republic had: • Properly paid fees to the City; • Accurately billed its customers. Adverse Findings As a result of our audit, we found three circumstances in which Republic had not fully complied with the terms of the agreement: • Republic did not accurately charge some of their customers for their services. This finding is described in Section 3.2. • Republic had charged a late fee that is not in adherence with the Agreement. This finding is described in Section 3.3. • Republic charged the "overage rate" incorrectly to some customers. This finding is described in Section 3.4. 1 of 11 Audit of Republic Services 2. BACKGROUND AND OBJECTIVES 2.1 Background Under the terms of its agreement with the City, Republic is required to: • Provide solid waste collection services according to certain performance standards. • Provide solid waste collection services at rates that are set forth in the Agreement. • Remit to the City franchise fees equal to 10% of gross receipts. • Provide monthly reports, quarterly reports, and annual reports to the City. Additionally, the City has the right to conduct contract compliance audits of Republic's fee payments, operations, and financial records. The City has retained MSW Consultants to conduct a billing audit of Republic. This report describes the audit background, objectives, procedures, and our findings. 2.2 Audit Objectives The objectives of this engagement were to confirm that Republic had: • Accurately billed its customers with a specific focus on residential delinquent accounts, multi -family and commercial customers. 2.3 Procedures Throughout this report, for each of the steps performed in our audit, we have described the background, objective, procedures, and our findings. These procedures were agreed to by the City, and the City is responsible for their sufficiency. This report is intended solely for use by the City and should not be used by those who have not agreed to the procedures and taken responsibility for the sufficiency of the procedures for their purposes. 2 of 11 Audit of Republic Services 3. BILLING ACCURACY 3.1 Confirm Fee Payments Background Article 4 of the franchise agreement requires Republic to remit to the City a franchise fee equal to 10% of gross receipts. Accurate reporting of gross receipts and proper segregation of Rosemead customer payments from other jurisdictions is critical for ensuring the City receives the full amount owed. Objective Confirm that Republic properly paid its franchise fees to the City. Procedures • We obtained from the City copies of the quarterly statements that accompanied Republic's fee payments. • We evaluated the method used to segregate payments from customers in Rosemead from those in other jurisdictions. • We gained an understanding of the calculation method used for franchise fees. We verified formulas and recalculated the amounts in the supporting documents. • We performed false exclusion testing to ensure that Republic had included all of its gross receipts in the amounts reported to the City. Findings We found that Republic had correctly remitted its franchise fees to the City in accordance with the Agreement. Table 1 below shows the total amount of fees due based on our findings, as well as any amounts underpaid or overpaid to the City by Republic. It is important to note that any reimbursements resulting from the findings of this report will correspond to a change in the franchise fees received for the next quarter. Table 1- Franchise Fee Payments Description Number of Accounts Percent of Total Accounts Over/(Under) Paid Qtr 1- 2025 $2,620,309.16 $262,030.92 $0 Qtr 2 - 2025 $2,601,836.77 $260,183.68 $0 Qtr 3 - 2025 $2,679,328.65 $267,932.87 $0 3 of 11 Audit of Republic Services 3.2 Confirm Billing Accuracy Background Articles 6 and 7 of the franchise agreement between the City and Republic establishes the procedures for customer billing and rate application. Under the agreement, Republic is required to bill residential and commercial customers according to the approved rate schedule and ensure that all billed service levels accurately reflect the number and size of containers provided. Article 11 and 12 of the franchise agreement between the City and Republic establishes the base level of services for multi -family and commercial accounts subscribing for bins services. As part of the based bundled rate Republic is required to provide one (1) 96- gallon blue recycling cart and one (1) 32-gallon green organics cart. Objective Confirm that Republic had billed only up to the maximum rates allowed pursuant to the agreement and provided the base level of service of bin accounts. Procedures • We obtained an electronic download of Republic's entire list of commercial customers and a selected sample of residential customers. The list included each customer's name, service address, number and sizes of containers, and type of service. • We compared the current rates charged to customers to the current approved rates. • We sorted and analyzed all the service level information and checked for any exceptions. • We selected a statistically representative sample of multi -family and commercial customers, visited selected location, and compared the actual container size and number of bins to those shown in Republic's billing system. There are approximately 553 commercial bin customers in the City. Table 2 on the next page provides a breakdown of the types of reviews conducted based on the total number of commercial businesses. Some businesses received both an on -site visit and an invoice billing review. In total, 502 accounts were reviewed through a combination of on -site visits and invoice billing reviews. While on -site audits were attempted for 400 accounts, some visits could not be completed due to inaccessible sites (e.g., locked gates or no one present), which prevented MSW Consultants from taking photos or verifying conditions on -site. Together, these review methods account for over 90 percent of all commercial accounts. 4 of 11 Audit of Republic Services Table 2- Types of Review Performed for Commercial Accounts Findings We found that Republic did not accurately charge their customers for their current services. These findings are based on the most recent service account data received from Republic Services for Quarter 4 of 2025. Therefore, the overcharged amount reflects the period from the start of the franchise agreement on August 1, 2023, through December 31, 2025. The types of discrepancies that were found are listed below: Finding #1 • Businesses with City approved SB 1383 waivers had been incorrectly charged. Specific businesses in Rosemead who do not produce a certain amount of organics as specified in the City Municipal Code are able to qualify for an organics waiver. Once an organics waiver application is reviewed and approved by the City, the customer is charged an organics -exempt rate. Table 3 below shows the number of businesses that have approved SB 1383 waivers but are not charged the correct exempt rate. Table 3 - Waivered Accounts Charged the Bundled Rates 5 of 11 Audit of Republic Services Finding #2 • Businesses with bundled rates missing carts and having non -compliant containers. The current standard bundled rate includes a 96-gallon recycling and 32-gallon organics cart, unless the account has been issued a waiver. Table 4 below shows businesses that are charged the bundled rate but are missing an organic cart, a recycling cart, or both. Table 4 - Accounts Missing Carts During on -site visits, several containers were identified as non -compliant in accordance with the Collection Container Specifications outlined in Exhibit 4 of the Franchise Agreement. For example, some containers lacked a Republic Services logo or proper labeling, while others did not have the appropriately colored lid corresponding to the designated waste stream (e.g. recycling bins with black lids). Pursuant to Exhibit 6 of the Franchise Agreement, Republic Services is subject to a $50 penalty for each collection container that does not comply with the specifications set forth in Exhibit 4 if not cured within 30 days. Table 5 below identifies the number of businesses where non -compliant containers were observed on -site. Table 5 - Accounts with Non -Compliant Containers Finding #3 • Businesses that have bundled rates charged for an extra organics cart. Based on the audit procedures, we found that 116 accounts that have the baseline bundled rate of services (one trash bin, one recycling cart and one organics cart) have an 6 of 11 Audit of Republic Services extra charge for an additional 64-gallon organics cart. Of these accounts, 39 of them did not have any organics cart on -site, 6 of them had only a 32-gallon organics cart on -site, and 45 of them had a 64-gallon organics cart and no 32-gallon organics cart on -site. There were 3 accounts that received a 64-gallon organics cart in 2025 but did not have any organics carts prior. Customers who signed up for organics service to comply with AB 1826 prior to the new franchise agreement may still be paying for the organics collection level service they were originally enrolled for under AB 1826. Therefore, some customers may be paying for a separate organics service in addition to the bundle service, which already includes a charge for organics. Table 6 below shows the number of businesses that have the bundled rate and are also charged for an extra organics cart. Table 6 - Accounts Charged for Extra Organics Cart 3.3 Late Fee Review Background According to the City's agreement with Republic Services, there is no stated process for charging late fees for delinquent accounts under 120 days. The Agreement allows Republic Services to charge a penalty and interest to residential accounts as described below: City Rights to Lien Delinquent Accounts; Residential Delinquencies. 7.06 Delinquent Service Accounts. Contractor shall report Service Recipients whose accounts are delinquent by more than ninety (90 days) to the Agreement Administrator on a monthly basis. 7.07 Contractors Reservation of Legal Rights and Remedies. Notwithstanding any other provision of this Article, Contractor reserves its right to and may take such action as is legally available to Contractor, to collect or cause collection of past due invoice amounts; provided, however, that Contractor shall never discontinue Integrated Solid Waste Handling Services to any Service Unit except upon thirty (30) days prior written notice to both the Service Recipient and the Agreement Administrator. Contractor may send a written notice to Service Recipient regarding payment of billings during the billed service period. 7 of 11 Audit of Republic Services 7.08.1 Delinquent SFD and MFD Service Accounts. For health and safety reasons, Contractor shall not discontinue service to SFD Service unit or MFD Service Unit Customers or a Residential property that is not Unoccupied as provided above. City is authorized to collect delinquent Integrated Solid Waste Handling fees in the manner provided by section 25831 and 38790.1 of the Government Code. 7.08.2 Upon the written request of the Contractor, the City authorizes and agrees to assist Contractor in submitting account delinquency information to the Los Angeles County Assessor's Office for placement on the tax roll. By submitting a written request, Contractor assigns its right to collect the delinquencies to the City. 7.08.3 Contractor agrees not to discontinue service to SFD Service Unit or MFD Service Unit Customers. SFD Service Unit or MFD Service Unit Customers (owners or tenants) who have not remitted required payment within one hundred twenty (120) days after the date of billing shall be notified by Contractor on forms that contain a statement that if payment is not received within fifteen (15) days from the date of the notice, a ten percent (10%) penalty and one point five percent (1.5%) monthly interest will begin to accrue and the City will be informed of the delinquency in an annual report. Contractor will deliver a report of the delinquencies by no later than April 30th of each year with a request that the City place the delinquencies on the tax roll. City is authorized to collect delinquent solid waste fees or charges in the manner provided in sections 38790.1 and 25831 of the Government Code. To implement Contractor's request, City will set a time, date and place for hearing the report and any objections and protests to the report. As determined in the sole discretion of the City, the Contractor shall mail notice of the hearing to the SFD Service Unit or MFD Service Unit Customers listed on the report not less than ten (10) days prior to the date of the hearing. At the hearing, the City shall hear any objections or protests of SFD Service Unit or MFD Service Unit Customers liable to be assessed for delinquent fees. The City may make revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed. Procedures • We reviewed the residential and commercial late fee report provided by Republic Services from August 1, 2023, through May 31, 2025. • We also reviewed the franchise agreement and the rate sheet and determined that Republic Services is not allowed to charge a late fee to residential accounts that were under 120 days delinquent. Additionally, late fee procedures outlined within the Franchise Agreement do not apply to commercial accounts. 8 of 11 Audit of Republic Services Findings Based on our review, we found that the amount of late fees charged to residential and commercial accounts are not applied consistently nor in compliance with the Agreement. Residential Based off our review, we found that the City did not receive a report from Republic listing accounts that are 90 days delinquent on a monthly basis as required by the Agreement. The range of late fees charged were from $0.01 to $381.43 for the residential sector, which averaged to $10.92 per residential customer. Most of the accounts that were assessed a late fee ranged from $0.01 to $11.93. There was one outlier for a multi -family account that was charged a late fee of $381.43. The late fees applied to the residential sector were inconsistent; some accounts were charged a percentage while most of the accounts were charged a flat rate of $5.00. Commercial The commercial sector range of late fees charged was from $0.01 to $284.49, which averaged $28.94 per commercial business. We found that no commercial accounts were charged a flat fee, but the percentage range of the late fees was from .01% to 47.72%. There was one outlier for a commercial account with multiple bins that was charged a late fee in the amount of $284.49. Table 7 below shows the total number of accounts and total amount of late fees that were charged to residential and commercial customers by Republic Services. Table 7 - Late Fee Charges by Sector 3.4 Special Case Review Background In addition to standard billing accuracy, the City requested a review of "special case" billing scenarios, including push and scout services, and any other potential anomalies in service configuration. These special cases arise due to the variety of service types and rate structures 9 of 11 Audit of Republic Services included in the franchise agreement and require targeted analysis to ensure correct application. Under Article 12 Republic is allowed to provide push and scout services at an additional cost. Scout service is provided if the standard collection vehicle is unable to access the solid waste containers. A scout vehicle is used to retrieve containers and place them in an area where a standard vehicle is able to access the container. Once emptied the scout vehicle is used to place the containers back to its original storage area. Push service is provided if the driver must get off their truck to push the bin or cart to the curb for collection. The price of push service increases by the distance required to push the container, as well as the number of times the container is collected per week. Objective Determine whether Republic billed customers correctly for special -case billing situations, including: • Push and scout services, including verification of rate accuracy • Additional service rates, specifically for overages and extra yardage Procedures To conduct this review, MSW Consultants: • Evaluated the City -provided list of known billing discrepancies and requested a full billing dataset from Republic in order to independently verify each item. • Reviewed all commercial accounts for special -case indicators, including: o Push and scout service codes o Additional service rates • Compared each special case charge to the corresponding approved rate in the Agreement. • Conducted cross-referencing from on -site conditions (via field inspections where applicable) and billing records. Findings After reviewing all special -case scenarios, we found that: Based on our procedures we found that Republic accurately charged its customers for push and scouts services. We also found that customers were charged a higher "Extra Yardage" fee instead of the appropriate "Overage" fee, resulting in customers being overcharged. The franchise agreement allows Republic to charge an "Overage" fee to customers that over fill their bins such that the lid is unable to close completely; however, the franchise agreement 10 of 11 Audit of Republic Services does not mention a fee for Republic to charge for extra yardage. According to Republic Services, the "Extra Yardage" fee only applies if the container exceeds its limit by more than one yard, requiring an additional pick-up service. Since the beginning of the new franchise agreement executed in August 2023 through August 2025, Republic Services charged customers with overages an "Extra yardage" fee instead of the correct "Overage" fee. Table 7 below shows the number of customers that were affected and the total amount of the overcharge. Table 8- Extra Yardage Rate Overcharged Amount Based on our review. The City has about 553 commercial customers with the baseline level of service (one trash bin, one recycling cart and one organics cart). In addition, there are 54 accounts with an extra trash bin beyond the baseline level of service. Table 8 below identifies the total number of customers with multiple trash bins who are being charged the bundled rate for each trash bin but do not have the corresponding recycling and organics carts on site. These additional recycling and organics carts should be included with each extra trash bin as part of the bundled service rate. There is no rate for a single trash bin for commercial customers. However, there is a rate for a single trash cart for residential customers. As a result, commercial customers who have multiple trash bins are charged the bundled rate for each additional trash bin. Table 9 - Customers with Multiple Trash Bins 11 of 11 Audit of Republic Services Attachment C Republic Services Letter of Assessment Resolution REPUBLIC SERVICES Sustainability in Action August 19, 2026 Sam Guitierrez, Director of Public Works City of Rosemead 8838 East Valley Blvd. Rosemead, CA 91770 Re: Confidential Settlement Communication Evaluation of Audit Findings Dear Mr. Guitierrez, I am writing in response to the Notice of Assessment originally received on April 1 S`h, 2026. Before I respond to our resolution of open items and next steps, I would like to acknowledge the findings of this audit and our own review showed we have room to improve. There are clear instances where we missed the mark on billing processes and are committed to ensuring this is not a recurring issue going forward. I appreciate the partnership between Republic Services and the City of Rosemead, and look forward to working together in the pursuit of our mutual goals well into the future. Below you will find the agreed upon resolutions as well as the remediation plan and our goals for long-term success. SB 1383 Waiver Accounts Charged Bundled Rates- The City and Republic Services mutually reviewed and have recalculated the total agreeing the amount due to customers is $12,868.87. Additional Organics Cart Charges- The City and Republic Services have mutually reviewed and recalculated the total credit amount due. This revised total also includes a commitment to permanently reduce the cost of larger organics containers and push service fees where needed. The total amount due to our customers is $67,498.78. Late Fee Charges- Republic Services has committed and agreed to reimbursing the full audit findings. The Franchise agreement has very specific language on this item and from our review, a majority were incorrect. Because of this, we have agreed to credit the entire $30,977.92. 2531 E 6TI, St, Long Beach CA 90805 1 RepublicServices,com I Environmental Services, Recycling & Waste REPUBLIC SERVICES Sustainability in Action Extra Yardage (Overage) Charges- The City and Republic Services have mutually reviewed and agreed the difference in Extra Yard Fees vs Overage Fees, be credited in the amount of $13,295.67. Non -Compliant Containers- We agree there were 26 containers identified as non- compliant and will pay the $1,300 penalty to the city. Cost of Billing Audit- After mutual discussions with the city, Republic Services has agreed to pay the entire cost of the billing audit in the amount of $35,000. In Total, we agree to the following; Credits to affected customers- $124,641.24 Non -Compliant Container Fee to the City- $1,300 Cost of Audit to City- $35,000 Total- $160,941.24 To proceed with this resolution, Republic Services will issue direct credits to customers with open accounts. Customers who are set to receive a credit larger than $1,500 will have the option of receiving a refund instead of a credit. Customers who no longer have an active account or have an account but have closed their business or relocated will take longer to identify and, ultimately, resolve their issue. We are committed to assigning credits where due and any business we are unable to locate will be shared with the city to discuss next steps. All payments made to the city will be made directly. All the above credits and payments will be substantially completed by the end of 2026 and will be fully completed by July 2027. We will prioritize this resolution and ensure our customers are made whole. Validation of all actions taken will be provided to City staff to ensure transparency and confidence in completion. Furthermore, to ensure this does not happen again, we have enacted the following safeguards, starting with the annual increase effective 8/1 /2026. Every year we will carefully review all franchise rates submitted into the system for accuracy in naming convention and dollar amounts. The first billing after the annual increase will receive a full internal audit to immediately correct any discrepancies so issues never linger. 2531 E 671" St, Long Beach CA 90805 1 RepublicServices.com I Environmental Services, Recycling & Waste REPUBLIC SERVICES Sustainability in Action We are committed to being the best possible partner to the City of Rosemead and we greatly appreciate the opportunity to review, provide additional information and mutually agree on a resolution and process to move us towards our commitment. Thank you, Steph n Herring General Manager Consolidated Disposal Service, L.L.C. sherring@republicservices.com cc: Richard Belmundez, Interim City Manager 2531 E 671" St, Long Beach CA 90805 1 RepubficServices.com I Environmental Services, Recycling & Waste