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CC - Item 5D - Second Amendment to the Exclusive Franchise Agreement for Comprehensive Refuse Services - Additional Refuse Services to Achieve Senate Bill 1383 ComplianceROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER � \ DATE: JANUARY 11, 2022 SUBJECT: SECOND AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT FOR COMPREHENSIVE REFUSE SERVICES — ADDITIONAL REFUSE SERVICES TO ACHIEVE SENATE BILL 1383 COMPLIANCE SUMMARY In September 2016, Senate Bill (SB) 1383 also known as the Short -Lived Climate Pollutants Bill, was signed into law. Under SB 1383, local jurisdictions are required to implement an organic waste recycling program and provide organic waste collection and recycling services to all residential dwellings and commercial businesses within their boundaries. On September 29, 2021, the City Council accepted a proposal from Republic Services to amend the existing Exclusive Franchise Agreement and implement the proposed organic waste recycling program to achieve SB 1383 compliance. The proposed program established by the Second Amendment fulfills the SB 1383 requirements and will work in tandem with the City's SB 1383 Ordinance No. 1006, which was introduced for first reading at the December 14, 2021, City Council meeting and is on the January 11, 2022, City Council Agenda for adoption. STAFF RECOMMENDATION Staff recommends that the City Council approve the Second Amendment to Exclusive Franchise Agreement for Comprehensive Refuse Services for additional refuse services to achieve SB 1383 compliance, and Resolution No. 2022-04. BACKGROUND On August 28, 2012, the City and the Contractor entered into an Exclusive Franchise Agreement (Agreement) for comprehensive refuse services for a period of ten (10) years from August 1, 2013, through and including July 31, 2023. On November 13, 2018, the City Council approved the First Amendment to the Agreement for a one-time rate adjustment on residential and commercial accounts due to the international recycling commodities market crisis spurred by China's National Sword legislation. AGENDA ITEM 5.1) City Council Meeting January 11, 2022 Page 2 of 3 In September 2016, SB 1383, also known as the Short -Lived Climate Pollutants Bill, was signed into law. The legislation set statewide methane emissions targets to reduce short-lived climate pollutants and divert organic waste from landfills. Under SB 1383, local jurisdictions are required to implement a mandatory organic waste recycling program and provide organic waste collection and recycling services to all residential, both single-family and multi -family dwellings, and commercial businesses within their boundaries. On July 13, 2021, the City Council discussed SB 1383 compliance and directed staff to develop, implement, and administer an organic waste recycling program. On September 29, 2021, the City Council accepted a proposal from Republic Services to amend the Agreement to implement the proposed organic waste recycling program and achieve SB 1383 compliance. The key elements of the program include: • Provide organic waste collection to all residents and businesses. • Establish edible food recovery programs to increase access to food recovery programs in commercial edible food generators such as restaurants and grocery stores. • Conduct outreach and education to all affected parties, including generators, haulers, facilities, edible food recovery organizations, and City departments. • Increase the purchase of recycled content and organic materials within the City's operations. • Monitor and enforce compliance with SB 1383. • Maintain accurate and timely records of SB 1383 compliance. The Second Amendment to the Agreement will provide additional refuse services to meet the requirements of SB 1383 within the current term of the Agreement and will work in tandem with the City's SB 1383 Ordinance No. 1006, which was introduced for first reading at the December 14, 2021, City Council meeting. LEGAL REVIEW The City Attorney reviewed this staff report, Second Amendment to the Agreement, and Resolution No. 2022-04. STRATEGIC PLAN IMPACT - None FISCAL IMPACT Effective January 1, 2022, the Second Amendment to the Agreement will increase the standard residential monthly rate (96 Gallon Cart) by $1.36, for a proposed rate of $22.61 per month, and the commercial monthly rate (3 yard/week) by $28.92, for a proposed rate of $207.34 per month. A complete list of rates for all refuse services included in this Second Amendment is shown in Attachment C. City Council Meeting January 11, 2022 Page 3 of 3 PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared and submitted by: /A2 Michael hung, Director of Public Works Attachment A: Second Amendment to the Exclusive Franchise Agreement Attachment B: Republic Services SB 1383 Program Proposal Attachment C: Republic Services Second Amendment Rate Schedule Attachment D: Resolution No. 2022-04 Attachment E: SB 1383 Program Development Staff Report, September 29, 2021 Attachment A Second Amendment to the Exclusive Franchise Agreement SECOND AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT FOR COMPREHENSIVE REFUSE SERVICES (CONSOLIDATED DISPOSAL SERVICE, L.L.C) THIS SECOND AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT FOR COMPREHENSIVE REFUSE SERVICES originally entered into on August 1, 2013, is made and entered into effective the 12th day of January 2022, by and between the City of Rosemead, a municipal corporation, hereinafter referred to as City, and Consolidated Disposal Service, L.L.C., a Limited Liability company DBA Republic Services, hereinafter referred to as Contractor. The City and Contractor agree to amend the Agreement based on the Recitals provided below. WHEREAS, Article XI, Section 7 of the California Constitution authorizes cities to protect public health and safety by taking measures in furtherance of their authority over the police and sanitary matters; and WHEREAS, California Public Resources Code 40059 provides that aspects of Solid Waste handling of local concern include but are not limited to the frequency of collection, means of collection and transportation, level of services, fees, and nature, location, and extent of providing solid waste services, and whether the services are to be provided by means of nonexclusive, partially exclusive or wholly exclusive franchise, contract, license or otherwise which may be granted by a local government under terms and conditions prescribed by the governing body of the local agency; and. WHEREAS, the Rosemead Municipal Code Chapter 8.32 implements Article XI, Section 7 of the California Constitution and California Public Resources Code 40059 in the City; and WHEREAS, Senate Bill 1383, the Short-lived Climate Pollutant Reduction Act of 2016 (SB 1383), requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including the City of Rosemead and the Contractor to support the achievement of Statewide Organic Waste disposal reduction targets; and WHEREAS, the SB 1383 regulations adopted in 2016 that created 14 California Code of Regulations (CCR), Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR require City to implement mandatory Organic Waste reduction programs within the City effective January 12, 2022, and further require amendments to the City's Agreement and the Municipal Code to implement the requirements of SB 1383; and WHEREAS, the current term of the Agreement is ten (10) years from August 1, 2013, through and including July 31, 2023; and WHEREAS, with this Second Amendment, the City will amend the Contractor's Franchise Agreement for comprehensive refuse services to provide additional services to meet the requirements of SB 1383 within the current term of the Agreement. Now therefore, the following Amendment is made to the Agreement: 1 SECTION 1. Section 4, Definitions, is hereby amended by adding the following: "AB 341" means the Assembly Bill approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded and replaced from time to time. 11AB 827" means the Assembly Bill approved by the Governor of the State of California on October 2, 2019, which amended Sections 42649.2, 42649.2, 42649.8, and 42649.81 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time. 11AB 1594" means the Assembly Bill approved by the Governor of the State of California on September 28, 2014, which amended Sections 40507 and 41781.3 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time. "AB 1826" means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying Division 30 of the California Public Resources Code), also commonly referred to as "AB 1826," as amended, supplemented, superseded, and replaced from time to, time. "Blue Container" has the same meaning as in 14 CCR Section 18982.2(a) and shall be used for the purpose of storage and Collection of Source Separated Recyclable Materials or SSBCOW. "Brown Container" has the same meaning as in 14 CCR Section 18982.2(a) and shall be used for the purpose of storage and Collection of Source Separated Food Waste. "Commercial Edible Food Generators" includes Tier One Commercial Edible Food Generators and Tier Two Commercial Edible Food Generators, or as otherwise defined in 14 CCR Section 18982(a)(7). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators. "Edible Food" means food intended for human consumption. For the purposes of this Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for Edible Food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this Agreement. "Food Recovery" means actions to collect and distribute Edible Food for human consumption which otherwise would be Disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). 2 "Food Recovery Organization" means an entity that primarily engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to: A. A food bank as defined in Section 113783 of the Health and Safety Code; B. A nonprofit charitable organization; and, C. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code. If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Agreement. "Food Recovery Service" means a Person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery; or as otherwise defined in 14 CCR Section 18982(a)(26). "Food Scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps. "Food -Soiled Paper" means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. "Food Waste" means Source Separated Food Scraps, and Food -Soiled Paper. Food Waste is a subset of Source Separated Green Container Organic Waste (SSGCOW). "Gray/Black Container" has the same meaning as in 14 CCR Section 18982.2(a) and shall be used for the purpose of storage and Collection of Gray/Black Container Waste or Mixed Waste. "Gray/Black Container Waste" means Solid Waste that is collected in a Gray/Black Container that is part of a three -Container Organic Waste Collection service that prohibits the placement of Organic Waste in the Gray/Black Container as specified in 14 CCR Sections 18984.1(a) and (b) or as otherwise defined in 14 CCR Section 17402(a)(6.6). For the purposes of this Agreement, Gray/Black Container Waste includes carpet and textiles. "Green Container" has the same meaning as in 14 CCR Section 18982.2(a) and shall be used for the purpose of storage and Collection of SSGCOW. "Organic Waste" means Solid Wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, Yard Waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). "SB 1383" means the Short -Lived Climate Pollutants Act of 2016 (an act to add Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and to add Chapter 13.1 3 [commencing with Section 42652] to Part 3 of Division 30 of the Public Resources Code, relating to methane emissions), also commonly referred to as "SB 1383," as amended, supplemented, superseded, and replaced from time to time. "Source Separated Blue Container Organic Waste" or "SSBCOW" means Source Separated Organic Waste that can be placed in a Blue Container that is limited to the Collection of those Organic Wastes and Non -Organic Recyclables as defined in 14 CCR Section 18982(a)(43); or as otherwise defined by 14 CCR Section 17402(a)(18.7). SSBCOW is a subset of Organic Waste. "Source Separated Green Container Organic Waste" or "SSGCOW" means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate Collection of Organic Waste by the Generator, excluding SSBCOW, carpets, Non- Compostable Paper, and textiles. SSGCOW is a subset of Organic Waste. "Source Separated Recyclable Materials" means Source Separated Non -Organic Recyclables and SSBCOW. "Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982: A. Supermarket B. Grocery Store with a total facility size equal to or greater than 10,000 square feet. C. Food Service Provider. D. Food Distributor. E. Wholesale Food Vendor. If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Agreement. "Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982: A. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet. B. Hotel with an on-site food facility and 200 or more rooms. C. Health facility with an on-site food facility and 100 or more beds. D. Large Venue. E. Large Event. F. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet. G. A local education agency with an on-site food facility. If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Agreement. SECTION 2. Section 7.8.1, 7.8.2, 7.8.3, and 7.8.4 are hereby added to Section 7.8 4 7.8.1 SB 1383 Contamination Monitoring and Enforcement. (a) Contractor shall institute a contamination minimization program which will include: 1. Route Reviews/Container Inspections: Carts shall be randomly selected and inspected along each route on a periodic basis; 2. Notifications to Customers: Cart tags will be issued to inform Customers of proper material separation requirements and observed contamination; 3. Contamination Fee: A Contamination Fee will be charged to Customers with contaminated carts identified through routine periodic monitoring. (b) Inspection Program. Contractor shall implement a container inspection program in compliance with the requirements of SB 1383. Contractor shall perform contamination inspections with Contractor's personnel on Collection vehicles, and periodic route reviews. Collection vehicle personnel may conduct contamination inspections lifting the Container lid and observing the contents. Additionally, route reviews will be conducted by a dedicated Recycling Coordinator and a dedicated Route Auditor who will perform contamination monitoring, lifting Container lids and observing Container contents for evidence of contamination. (c) Record Keeping. The driver or other Contractor representative shall record each event of identification of Prohibited Container Contaminants in a written log or in the on -board computer system including date, time, Customer's address, type of Container (Blue, Green, or Gray or Black Container); and maintain photographic evidence, if required. Contractor shall submit this record to the Contractor's Customer service department, and Contractor's Customer service department shall update the Customer's account record to note the event, if the documentation of the on -board computer system did not automatically update the Customer's account record. (d) Identification of Excluded Waste. If Contractor's personnel observe Excluded Waste in an uncollected Container, the Contractor's personnel shall record that observation and immediately inform their route supervisor. The route supervisor shall investigate and initiate applicable action within one (1) Business Day or sooner if the Hazardous Waste may cause immediate danger. (e) Courtesy Pick -Up Notices. Upon identification of Prohibited Container Contaminants in a Customer's Container, Contractor shall provide the Customer with a courtesy pick-up notice. The courtesy pick-up notification shall: (i) inform the Customer of the observed presence of Contaminants; (ii) include the date and time the Prohibited Container Contaminants were observed; (iii) include information on the Customer's requirement to properly separate materials into the appropriate Containers, and the accepted and prohibited materials for Containers; (iv) inform the Customer of the courtesy pick-up of the contaminated materials on this occasion with information that on any subsequent instances, Contractor may assess Contamination fees. Contractor shall collect the contaminated Container contents for transport to the appropriate Approved/Designated Facility for Disposal/ Processing. (f) Notice of Assessment of Contamination Fees. On the third issuance of a courtesy notice as 5 set forth in section (e) above, the Contractor may impose a contamination fee. Contractor shall leave a contamination fee notice attached to or adhered to the Generators' contaminated Containers; at the Premises' door or gate; or, may deliver the notice by mail, e-mail or text message. The contamination fee notice shall describe the specific material(s) of issue, explain how to correct future set outs, and indicate that the Customer will be charged a contamination fee on its next bill. 7.8.2 On-going Contamination Monitoring by Route Personnel Contractor shall assist on an on-going basis in minimizing contamination by helping to educate Customers on acceptable and non -acceptable materials through ongoing education and outreach efforts and through on-going monitoring of the contents of Collection Containers. Contractor shall provide education and outreach materials in English, Vietnamese, Chinese, and Spanish languages. The on-going Container monitoring shall be performed by Contractor using the method described in Section 7.8.3. 7.8.3 Prescribed Contamination Monitoring Contractor will implement Physical Container Inspections to comply with the requirements of this Section. (a) Methodology and Frequency. Commencing on or after January 12, 2022, the Contractor shall, at its sole expense, conduct hauler route reviews for Prohibited Container Contaminants in Containers in a manner that is deemed safe by the Contractor; is approved by the City; and is conducted in a manner that results in all hauler routes being reviewed annually or more frequently. The Contractor shall conduct hauler route reviews that include inspection of the contents of Blue, Green, and Gray/Black Containers for Prohibited Container Contaminants in a manner that a minimum of five percent (5%) of accounts on, each and every hauler route are randomly inspected annually. Contractor shall develop a hauler route review methodology to accomplish the above Container inspection requirements and such methodology shall comply with the requirements of 14 CCR Section 18984.5(b). (b) Noticing of Generators with Contamination, and Disposal of Materials. Upon finding Prohibited Container Contaminants in a Container, Contractor shall follow the contamination noticing procedures and contaminated Container handling protocols set forth in Section 7.8.1. 7.8.4 Inspection and Enforcement (a) Annual Compliance Reviews 1. General. Contractor shall perform compliance reviews described in this Section commencing January 12, 2022, and at least annually thereafter, unless otherwise noted. 2. Commercial Generator Compliance Reviews. The Contractor shall complete a compliance review of all Multi -Family and Commercial Customers that generate two (2) cubic yards or more per week of Solid Waste, including Organic Waste to determine their compliance with: (i) Generator requirements under the City's Collection program; and, (ii) if applicable for the Generator, Self -Hauling requirements per 14 CCR Section 18988.3 and Chapter 8.32 of the Rosemead 1i Municipal Code, including whether a Commercial Business is complying through Self -hauling of SSBCOW and SSGCOW. The compliance review shall mean a "desk" review of records to determine Customers' compliance with the above requirements and does not necessarily require on-site observation of service; however, the City may request that the Contractor perform an on-site observation of service in addition to or in lieu of the desk review if needed to obtain the required information. 3. Annual Hauler Route Review. Beginning April 1, 2022, and annually thereafter, the Contractor shall conduct annual hauler route reviews of Commercial, Multi - Family, and Single Family Generators for compliance with the City's Organic Waste collection program and Container contamination monitoring. These hauler route reviews may be performed concurrently with the contamination monitoring hauler route reviews, provided that Contractor documents a reasonable sampling of Generators for which compliance with the City's Organic Waste collection program during the hauler route review was assessed. 4. Food Recovery Compliance Reviews. Commencing January 12, 2022, and at least annually thereafter, Contractor shall conduct inspections of Tier One Commercial Edible Food Generators, Food Recovery Organizations, and Food Recovery Services to assess compliance with the requirements of 14 CCR Chapter 12 Article 10. (b) Generator Waiver Inspections. Contractor shall verify Commercial Generator de minimis and physical space constraint waivers, if applicable, at least once every five (5) years from the date of issuance of the waiver. (c) Compliance Review Process Number of Reviews. The Contractor shall conduct a sufficient number of compliance reviews, hauler route reviews, and inspections of entities to adequately determine the entities' overall compliance with SB 1383, AB 1826, AB 341, and Chapter 8.32 of the Rosemead Municipal Code. The City reserves the right to require additional inspections, if the City determines that the amount of inspections conducted by the Contractor is insufficient. City may require the Contractor to prioritize inspections of entities that the City determines are more likely to be out of compliance 2. Non -Compliant Entities. From January 12, 2022, through July 31, 2023, when compliance reviews are performed by Contractor, Contractor shall provide educational materials in response to violations. Contractor shall provide these educational materials to the non-compliant Customers and Generators within five (5) working days of determination of non-compliance or immediately upon determination of non-compliance if such non-compliance is determined during an inspection or hauler route review. Contractor shall document the non-compliant Customers and Generators and the date and type of education materials provided and report such information to the City. Documentation of Inspection Actions. The Contractor shall generate a written and/or electronic record and maintain documentation for each inspection, hauler route review, and compliance review conducted. SECTION 3. Section 9 is here by amended and restated as follows: Contractor shall provide refuse collection service to Residential Customers, including Multi - Family Residential Dwellings as set forth in this Section 9 and Exhibit G, "Residential Services." SECTION 4. Section 9.6 is hereby added to Section 9 9.6 SB 1383 Services (a) Containers. Contractor shall provide SB 1383 compliant three (3) container Residential collection services as follows: 1. A Green Container for organic waste (only food waste, yard waste, green waste, and other organic materials). A Blue Container for recyclables (non-organic recyclables, such as bottles, cans, and plastic, and organic waste such as paper and cardboard.) A Gray or Black Container for non-organic waste only (Items that cannot be recycled or composted). 2. Effective January 1, 2022, all Residential customers will maintain their existing containers. Replacement of Residential containers shall be made from existing containers purchased prior to January 1, 2022 until such time as the Contractor's existing inventory of such containers is exhausted. New or replacement containers requested will be SB 1383 color and compliant. New containers purchased by Contractor after January 1, 2022, are required to meet SB 1383 container colorization (Gray/Black, Blue and Green) and labelling requirements. New containers purchased after January 1, 2022, will require SB 1383 compliant graphic -based labels identifying the acceptable materials permitted within each source -separated cart. (b) Outreach. Contractor will implement the following targeted education and outreach efforts to Residential customers regarding SB 1383 required programs. Contractor shall develop educational material to explain program changes and new program implementation. A welcome outreach package for new SB 1383 programs will be sent to all Residential customers after January 1, 2022, and Contractor will also provide Residential customers with four (4) quarterly direct mailed newsletters with SB 1383 program implementation information, in addition to the four Quarterly newsletters to Customers. Contractor shall provide education and outreach materials in English, Vietnamese, Chinese, and Spanish languages. (c) Contractor and City shall annually review the outreach effort and determine if changes to the outreach program may be required, by mutual agreement. SECTION 5. Section 10.4 Waste to Energy is deleted in its entirety. SECTION 6. Section 10.6 is hereby added to Section 10 10.6 SB 1383 Services (a) Containers. Contractor shall provide SB 1383 compliant three (3) container Multi Family and Commercial collection services as follows: 1. A Green Container for organic waste (only food waste, yard waste, green waste, and other organic materials.) A Blue Container for recyclables (non-organic recyclables, such as bottles, cans, and plastic, and organic waste such as paper and cardboard.) A Gray or Black Container for non- organic waste only (Items that cannot be recycled or composted.) 2. Effective January 1, 2022, all Commercial and Multi Family customers will maintain their existing containers. Replacement of Commercial and Multi Family containers shall be made from existing containers purchased prior to January 1, 2022, until such time as the Contractor's existing inventory of such containers is exhausted. New or replacement containers requested will be SB 1383 color and compliant. New containers purchased by Contractor after January 1, 2022, are required to meet SB 1383 container colorization (Gray/Black, Blue and Green) and labelling requirements. New containers purchased after January 1, 2022, will require SB 1383 compliant graphic -based labels identifying the acceptable materials permitted within each source - separated cart. (b) Commercial and Multi Family customers will have options for various sizes of metal bins and carts depending on space restrictions and material types. (c) Outreach. Contractor will implement the following targeted education and outreach efforts to Residential customers regarding SB 1383 required programs. Contractor shall develop educational material to explain SB 1383 program changes and new program implementation. A welcome outreach package for new SB 1383 programs will be sent to all Commercial and Multi Family customers after January 1, 2022, and Contractor will also provide Commercial and Multi Family customers with two (2) direct outreach newsletters with SB 1383 program implementation information. Contractor shall provide education and outreach materials in English, Vietnamese, Chinese, and Spanish languages. (d) Compliance Review. Contractor shall conduct a review of all Commercial businesses that generate 2 cubic yards or more per week of Solid Waste. (e) Physical Space and De Minimis Waivers. Contractor shall assist City in connection with Commercial Customer applications for Physical Space Waivers and De Minimis Quantity Waivers applied for in compliance with the applicable provisions of the Municipal Code. Contractor shall assist City with development of application requirements and protocols, evaluation, and verification of the details in the Customer waiver applications, and provide assistance with preparation of City's written determinations on Customer waiver applications (f) Edible Food Recovery. 1. No later than January 12, 2022, Contractor shall identify all Commercial Customers that meet the definition of Tier One and Tier Two Commercial Edible Food Generators and provide a list of such Customers to the City, which shall include: Customer name; service address; contact information; Tier One or Tier Two classification; and, type of business (as it relates to the Tier One and Tier Two Commercial Edible Food Generator definitions). 2. Commencing January 12, 2022. and at least annually thereafter, Contractor shall cooperate with City and/or its consultants to conduct inspections of Tier One Commercial Edible Food Generators, Food Recovery Organizations, and Food Recovery Services to assess compliance with the requirements of 14 CCR Chapter 12 Article 10. 3. At least annually, the Contractor shall provide Commercial Edible Food Generators with the following information: i. Information about the Contractor's and/or City's Edible Food Recovery program; ii. Information about the Commercial Edible Food Generator requirements under 14 CCR Chapter 12 Article 10; iii. Information about Food Recovery Organizations and Food Recovery Services operating within the City, and where a list of those Food Recovery Organizations and Food Recovery Services can be found; and, iv. Information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste. 4. The Contractor may provide the education information required by this section by including it with regularly scheduled notices, education materials, billing inserts, or other information disseminated to Commercial Businesses. Contractor shall cooperate with the implementation, expansion, or operation of Food Recovery efforts in the City, Food Recovery Organizations, and/or Food Recovery Services. (g) Site Visits and Waste Assessments. 1. Contractor will include an outreach and technical assistance plan in the AB 341, AB 827, AB 1826, and SB 1383 Implementation Plan identifying the site visit schedule for which to send a Contractor representative to visit each Multi - 10 Family and Commercial Generator's Premises for the purpose of assessing how much Source Separated Recyclable Materials and SSGCOW is being Disposed; assessing Source Separated Recyclable Materials and SSGCOW Collection service level needed to meet the requirements of SB 1383, and encouraging all Generators to establish Source Separated Recyclable Materials and SSGCOW Collection service in advance of January 12, 2022, when mandatory service is required. Contractor shall also notify Customers of opportunities to reduce costs by enrolling in Source Separated Recyclable Materials and SSGCOW Collection service and reducing Gray/Black Container Waste/Mixed Waste Collection service. Contractor shall contact Multi -Family and Commercial Customers and provide site visits according to the City -approved schedule. Contractor will also provide a site visit to any Multi -Family and Commercial Generator that requests a site visit, even if it is ahead of schedule. Any internal Recycling programs or third -parry Recycling programs that the Contractor encounters while conducting Customer site visits shall be documented using a City -approved electronic reporting form and provided in an electronic format such as a cloud -based file -sharing system that can be accessed by the City or its representatives. 2. Beginning July 1, 2022, and annually thereafter, Contractor representative shall follow-up with Multi -Family and Commercial Generators who are required to participate in Source Separated Recyclable Materials and SSGCOW Collection service under Applicable Law, including but not limited to AB 341, AB 1826, and SB 1383. The Contractor shall ensure that these Generators are participating in the Source Separated Recyclable Materials and SSGCOW Collection Service. If the Generator is not in compliance or not participating, the representative shall assist the Customers with selecting appropriate Containers and Container sizing, identifying acceptable Organic Waste collection services as set forth, and attempt to resolve any logistical barriers to providing Source Separated Recyclable Materials and SSGCOW Collection service. 3. Contractor shall provide ongoing, on-site training for Commercial Generators' staff, including, but not limited to: management, kitchen staff, service employees, and janitorial staff; and Multi -Family Customers' staff, including but not limited to: the property manager, janitorial staff, maintenance, and any other on-site staff members or contractors that handle discarded materials processes. 4. For each on-site waste assessment conducted by Contractor, Contractor shall include documentation of the items listed below. City reserves the right to request Contractor's documentation of additional information, and shall authorize the format for required information. i. Pictures of material in all Containers ii. Characteristics of the property, business, and Generator type iii. Written recommendations for the appropriate service Level for each 11 material type iv. Provision of outreach and education materials appropriate to the Generator type V. Determination of signage placement vi. Determination of any on-going training needs vii. Determination of any access needs viii. Documentation of any special service needs, (such as, but not limited to, seasonal, automated on-call compactor, etc.) ix. Documentation of records of communications with the Generator SECTION 7. Section 18. 1.1 and 18.1.2 is hereby added to Section 18. 18.1.1 SB 1383 Customer Compliance Enforcement Data Contractor shall keep and maintain SB 1383 customer compliance enforcement records within a cloud -based system format, and City will be provided access credential to access the customer enforcement action data as may be required for purposes of CalRecycle requests made pursuant to 14 CCR 18995.2. 18.1.2 SB 1383 Customer Outreach Records Contractor shall keep and maintain SB 1383 customer outreach records within a cloud -based system format, and City will be provided access credential to access the customer outreach data as may be required for purposes of CalRecycle requests made pursuant to 14 CCR 18988.4. SECTION 8. Section 19, Integrated waste management Act; Reporting Requirements is amended and restated as follows: Contractor shall cooperate with City in Solid Waste disposal characterization studies and waste stream audits and shall implement measures adequate to achieve the diversion goals set forth in this Agreement utilizing the CalRecycle per capita disposal and goal measurement system, expressed as pounds per person per day. The emphasis will be on program implementation, actual recycling, and other diversion programs in lieu of estimated diversion percentages. During the Term of this Agreement, Contractor, at no expense to City, shall submit to City all relevant information and reports required to meet the reporting obligations imposed by CalRecycle under the Act, as amended. Contractor agrees to submit such reports and information by email or on computer discs, in a format acceptable to City at no additional charge, if requested by City. Contractor shall maintain adequate records, and corresponding documentation, of information required by this Agreement, such that the Contractor is able to produce accurate monthly, quarterly and annual reports, and is able to provide records to verify such reports. Contractor will make these records available and provide to the City any record or documentation necessary for the City to fulfill obligations under Applicable Law including, but not limited to, AB 939, AB 341, AB 1826, AB 901, SB 1383, and other current or future federal, State, or local regulations, as amended. Upon request by the City, Contractor shall provide access to Contractor's requested records in a timely manner, not to exceed ten (10) Business Days from the time of City's request to Contractor. SECTION 9. Section 19.1 is here by added to Section 19. 12 19.1 SB 1383 Data Reporting. (a) Contractor shall assist City with SB 1383 initial CalRecycle compliance reporting by providing compliance data needed for City generated reports to CalRecycle in accordance with 14 CCR 18994.2. (b) Contractor shall assist City with SB 1383 annual CalRecycle compliance reporting by providing compliance data needed for the City -generated Annual compliance report to CalRecycle in accordance with 14 CCR 18994.2. SECTION 10. Exhibit F, Maximum Rate Schedule, is hereby deleted in its entirety and replaced with a revised Exhibit F, Maximum Rate Schedule, attached hereto and incorporated by reference as though fully set forth herein. SECTION 11. Interpretation. In the event of any conflict between this Second Amendment and the Agreement, this Amendment shall govern. Section headings in this Amendment are for convenience only and shall not be used in the interpretation of this Amendment. This Amendment may be executed in counterparts and/or by electronic signature (e.g. DocuSign). As used in this Amendment, "including" and its variants mean "including without limitation." SECTION 12. Future Changes. The parties acknowledge that future changes to this Second Amendment or the Agreement may be desirable to assist the parties with their respective compliance obligations under the SB 1383 Regulations or subsequent amendments thereto or interpretations thereof. The parties agree to negotiate any such proposed changes in good faith. The foregoing shall not be deemed to limit either party's rights or remedies under the Agreement. SECTION 13. Continuing Effect of Agreement. Except as amended by this Second Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Second Amendment to the Agreement. SECTION 14. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Contractor represents and warrants to City that, as of the date of this Second Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the going of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Contractor that, as of the date of this Second Amendment, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. SECTION 15. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Second Amendment. 13 SECTION 16. Authority. The persons executing this Second Amendment on behalf of the respective Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Second Amendment, such party is formally bound to the provisions of the Agreement as amended, and (iv) the entering into this Second Amendment does not violate any provision of any other agreement to which said party is bound. SECTION 17. Recitals Material. The Parties agree that the Recitals above are material and are incorporated herein as part of this Second Amendment. IN WITNESS WHEREOF, the Parties have executed this Agreement, as of the date first indicated above. City CITY OF ROSEMEAD A Municipal Corporation By: Polly Low, Mayor ATTEST: By: Ericka Hernandez City Clerk APPROVED AS TO FORM: By: Rachel H. Richman City Attorney 14 CONTRACTOR CONSOLIDATED DISPOSAL SERVICE, L.L.C. Approved by: Print name and Title of Officer Print Name and Title of Officer Exhibit F Maximum Rate Schedule Exhibit F - Maximum Rate Schedule Roseme Residential Residential (carts) 96 Gallons $ 22.61 Senior/Disabled Service $ 18.34 Backyard Service $ 25.85 Extra [arts $ 6.59 Contamination Fee (per cart) $ 12.00 Pick Up/Week 1.5YARD HAUL & RETURN W/ I DUMP Commercial MSW 2YARD 3YARD 4YARD 6YARD 64 GAL 96 GAL 1 $ 146.81 $ 146.81 $ 207.34 $ 276.45 $ 442.68 $ 66.00 $ 66.00 2 $ 213.24 NA $ 333.63 $ 401.45 $ 657.38 NA $ 132.00 3 4 NA NA $ 449.26 $ 560.37 $ 881.67 NA NA 4 NA NA NA $ 568.22 $ 688.86 $ 1,097.59 NA NA 5 $ 782.98 NA NA $ 702.06 $ 851.09 $ 1,359.33 NA NA 6 $ 39.37 NA NA $ 804.16 $ 978.72 $ 1,563.19 NA NA EXTRA PICK UP $ 39.37 $ 39.37 $ 39.37 $ 39.37 $ 39.37 $ 39.37 $ 39.37 LOCK LIDS $ 11.10 $ 11.10 $ 11.10 $ 11.10 $ 11.10 $ 11.10 $ OVER THE TOP(EXY) $ 41.32 $ 41.32 $ 41.32 $ 41.32 $ 41.32 $ 41.32 3 YARD Temp or COD 1.5YARD HAUL & RETURN W/ I DUMP 1$ 196.44 TRIP CHARGE $ 37.87 EXTRA PI CK UP $ 67.54 DAILY RENTAL 7 DAYS W/O DUI $ 18.25 Pick Up/Week 1.5YARD Commercial REC 3YARD 4YARD 6YARD 96 GAL 1 $ 117.45 $ 165.87 $ 221.16 $ 354.14 $ 52.80 2 $ 170.59 $ 266.91 $ 321.16 $ 525.90 $ 105.60 3 $ 60.00 $ 60.00 NA $ 359.41 $ 448.30 $ 705.33 NA 4 NA $ 454.57 $ 551.09 $ 878.07 NA 5 NA $ 561.65 $ 680.87 $ 1,087.46 NA 6 NA $ 643.33 $ 782.98 $ 1,250.56 NA EXTRA PICK UP $ 39.37 $ 39.37 $ 39.37 $ 39.37 $ 39.37 LOCK LIDS $ 11.10 $ 11.10 $ 11.10 $ 11.10 $ 11.10 OVERTHETOP(EXY) $ 41.32 $ 41.32 $ 41.32 $ 41.32 $ 41.32 *CONTAMINATION FEE $ 60.00 $ 60.00 $ 60.00 $ 60.00 $ 60.00 Industrial Services Commercial Organics 10 YD BOX W 7TONS Pick Up/Week 1YARD 1.5 YARD 2YARD 64 GAL 1 $ 146.81 $ 146.81 $ 146.81 $ 66.00 2 $ 213.24 $ 213.24 $ 213.24 $ 132.00 3 NA NA NA $ 198.00 *CONTAMINATION FEE $ 60.00 $ 60.00 $ 60.00 $ 60.00 Industrial Services 10 YD BOX W 7TONS 40 YD BOX W7TONS COMPACTOR W9TONS Haul Rate-Del/Remmal $ 775.76 $ 836.39 $ 1,037.61 Additional Tons Charge $ 83.37 $ 83.37 $ 87.54 Trip Charge $ 124.88 $ 124.88 $ 131.12 Daily Rental 7 Days or 7 Tons $ 24.98 $ 24.98 $ 26.23 WAS 131.23 131.23 NA Attachment B Republic Services SB 1383 Program Proposal �R� REPUBLIC' SERVICES Republic Services SB 1383 Programs for the City of Rosemead Republic Services has proudly serviced the residents and businesses in the City of Rosemead for many years and has kept the City in full compliance with all California applicable laws and solid waste diversion requirements. We strongly value our working relationship with the City of Rosemead and remain committed to our longstanding partnership. Republic is one of the most experienced solid waste service providers in Los Angeles, the state of California, and the nation. We are fully equipped to continue providing excellent service to the City and offer full compliance with all statewide recycling initiatives, including AB 939, AB 341, AB 1826, AB 1594, and SB 1383. About the Law In 2016, Senate Bill 1383 was signed into law to combat climate change and reduce landfill methane emissions. Methane is a climate super pollutant, 84 times more potent than carbon dioxide. Statewide Targets include: • Reduce organic waste disposal 50% by 2020 and 75% by 2025. • Rescue at least 20% of surplus food currently disposed of by 2025 to feed hungry people. SB 1383 goes into effect on January 1, 2022. This law requires that jurisdictions contract with their waste hauler, Republic Services, to collect organics, including food waste, and process it as a unique and separate material stream. Who is affected? Everyone. Residents, multi -family properties and complexes, businesses, schools, and public agencies will all need to comply with the law and enroll in an organics recycling program. How is it processed? The law requires a significantly higher level of processing of organic material than current standards. Processors are required to monitor, track, and ultimately limit the amount of organic material sent to landfills after processing, requiring additional processing and the development of new systems to remove contaminants and excess organic material that may have previously been sent to the landfill as residue. REPUBLIC - SERVICES Republic's programs to keep the City of Rosemead in compliance with the requirements of SB 1383 include: S13 1383 Item Solution Residential Residential Service. Effective January 1, 2022, Residential (Single or Multi -Family) Collection for Customers receiving Carts -only service to commingle Green Waste, Food Waste, Single Family and food -soiled paper products, clean wood, in Carts designated for Green Waste and Multi -Family Cart will process such waste at an Organic Waste Processing Facility that complies Service with SB Commercial Bin Republic's program includes using a 3 -container solution as described similarly for Service residential collection. The City currently has commercial food waste and single stream recycling programs; thus, Republic Services will focus on enhancing existing AB 1826 organic food waste collection & AB 341 source separated programs to all commercial customers. Customers will have access to various sizes of bins and carts depending on space restrictions and material types Record Keeping Republic's cloud -based recording keeping system will maintain records on each for Compliance customer and any enforcement action and exemptions as required by SB 1383. The City will have access to use this online tool. SB 1383 Republic's contamination minimization program will include: Contamination Monitoring • Route Reviews: Carts randomly selected and inspected along each route annually • Notify Customers: Cart tags will inform customers of proper material separation • Contamination Fee: Contamination fee will be charged to customers with contaminated carts after an education period and warning system. Republic will also dedicate a Recycling Coordinator and/or Route Auditor to perform contamination monitoring requirements. Container Rosemead's current carts and commercial bins are compliant with SB 1383 lid Labeling color requirements. New containers requested of Republic will include graphic - Requirements based labels identifying the acceptable materials permitted within each source - separated cart. Republic will design labels and the City will approve the design of labels to be affixed to all newly requested containers. Education and Republic will provide ongoing annual outreach and educational materials for all Outreach — residents and businesses, including a start-up education campaign informing all Organics Program customers about changes to their collection services and compliance with SB 1383 Edible Food Republic will provide public education and outreach and coordinate with local Recovery food rescue organizations to help customers donate edible food to people in need and meet the 20% recovery requirement. Republic will also manage the data collection as required by SB 1383. �R� REPUBLIC' SERVICES Monthly Rates The proposed residential and commercial rates are as follows: Enhanced Levels of Service for Greater Generator Participation Organics Republic's proposal offers a SB 1383 compliant program for commercial and multifamily dwellings with a 64 -gallon organics cart option at $66.00 per month, and a 1.5 -yard bin option at $146.81 per month. Recycling The existing commercial recycling program currently includes a 3 -yard bin size. Republic proposes enhancing the existing recycling services to include a 96 -gallon recycling cart size to provide commercial customers greater flexibility in compliance. Facilities Republic Services is proud of our facilities, their capabilities, and our ability to achieve compliance with SB 1383. The City of Rosemead has the benefit of guaranteed capacity at our Republic -owned facilities meeting SB 1383 compliance. We invite the council and staff to take a tour of our Anaheim Materials Recovery Facility to see firsthand how we process the materials collected from businesses and residents in the City of Rosemead. Conclusion Republic Services has had a widespread presence within the Rosemead community, and our employees feel closely connected to your residents and businesses. Our intent with this proposal is to address the City Council's motion by achieving compliance with SB 1383 during the existing term of our agreement. Our goal is to get Rosemead fully educated and actively engaged in the new SB 1383 programs to help drive success in partnership with the City Attachment C Republic Services Second Amendment Rate Schedule Attachment C - Maximum Rate Schedule Residential Residential (carts) 96 Gallons $ 22.61 Senior/Disabled Service $ 18.34 Backyard Service $ 25.85 Extra [arts $ 6.59 Contamination Fee (per cart) $ 12.00 Pick Up/Week 1.5YARD HAUL & RETURN W/ I DUMP Commercial MSW 2YARD 3YARD 4YARD 6YARD 64 GAL 96 GAL 1 $ 146.81 $ 146.81 $ 207.34 $ 276.45 $ 442.68 $ 66.00 $ 66.00 2 $ 213.24 NA $ 333.63 $ 401.45 $ 657.38 NA $ 132.00 3 4 NA NA $ 449.26 $ 560.37 $ 881.67 NA NA 4 NA NA NA $ 568.22 $ 688.86 $ 1,097.59 NA NA 5 $ 782.98 NA NA $ 702.06 $ 851.09 $ 1,359.33 NA NA 6 $ 39.37 NA NA $ 804.16 $ 978.72 $ 1,563.19 NA NA EXTRA PICK UP $ 39.37 $ 39.37 $ 39.37 $ 39.37 $ 39.37 $ 39.37 $ 39.37 LOCK LIDS $ 11.10 $ 11.10 $ 11.10 $ 11.10 $ 11.10 $ 11.10 $ OVER THE TOP(EXY) $ 41.32 $ 41.32 $ 41.32 $ 41.32 $ 41.32 $ 41.32 3 YARD Temp or COD 1.5YARD HAUL & RETURN W/ I DUMP 1$ 196.44 TRIP CHARGE $ 37.87 EXTRA PI CK UP $ 67.54 DAILY RENTAL 7 DAYS W/O DUI $ 18.25 Pick Up/Week 1.5YARD Commercial REC 3YARD 4YARD 6YARD 96 GAL 1 $ 117.45 $ 165.87 $ 221.16 $ 354.14 $ 52.80 2 $ 170.59 $ 266.91 $ 321.16 $ 525.90 $ 105.60 3 $ 60.00 $ 60.00 NA $ 359.41 $ 448.30 $ 705.33 NA 4 NA $ 454.57 $ 551.09 $ 878.07 NA 5 NA $ 561.65 $ 680.87 $ 1,087.46 NA 6 NA $ 643.33 $ 782.98 $ 1,250.56 NA EXTRA PICK UP $ 39.37 $ 39.37 $ 39.37 $ 39.37 $ 39.37 LOCK LIDS $ 11.10 $ 11.10 $ 11.10 $ 11.10 $ 11.10 OVERTHETOP(EXY) $ 41.32 $ 41.32 $ 41.32 $ 41.32 $ 41.32 *CONTAMINATION FEE $ 60.00 $ 60.00 $ 60.00 $ 60.00 $ 60.00 Industrial Services Commercial Organics 10 YD BOX W 7TONS Pick Up/Week 1YARD 1.5 YARD 2YARD 64 GAL 1 $ 146.81 $ 146.81 $ 146.81 $ 66.00 2 $ 213.24 $ 213.24 $ 213.24 $ 132.00 3 NA NA NA $ 198.00 *CONTAMINATION FEE $ 60.00 $ 60.00 $ 60.00 $ 60.00 Industrial Services 10 YD BOX W 7TONS 40 YD BOX W7TONS COMPACTOR W9TONS Haul Rate-Del/Removal $ 775.76 $ 836.39 $ 1,037.61 Additional Tons Charge $ 83.37 $ 83.37 $ 87.54 Trip Charge $ 124.88 $ 124.88 $ 131.12 Daily Rental 7 Days or 7 Tons $ 24.98 $ 24.98 $ 26.23 WAS 131.23 131.23 NA Attachment D Resolution No. 2022-04 RESOLUTION NO. 2022-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT FOR COMPREHENSIVE REFUSE SERVICES WITH CONSOLIDATED DISPOSAL SERVICE L.L.C., FOR ADDITIONAL REFUSE SERVICES TO ACHIEVE SENATE BILL 1383 COMPLIANCE WHEREAS, on August 28, 2012, the City and Consolidated Disposal Service L.L.C., a limited liability company DBA Republic Services, hereinafter referred to as Contactor, entered into an Exclusive Franchise Agreement for the provision of comprehensive refuse services, and WHEREAS, the current term of the Agreement is ten (10) years from August 1, 2013, through and including July 31, 2023; and WHEREAS, Senate Bill 1383, the Short-lived Climate Pollutant Reduction Act of 2016 (SB 1383), requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including the City of Rosemead, the Contractor, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, Food Recovery Organizations, and Food Recovery Services to support the achievement of Statewide Organic Waste disposal reduction targets; and WHEREAS, Under SB 1383, the City must implement a mandatory organic waste recycling program and provide organic waste collection and recycling services to all residential, single-family and multi -family dwellings, and commercial businesses within their boundaries. WHEREAS, with this Second Amendment, the City will amend the Contractor's Franchise Agreement for comprehensive refuse services to provide additional refuse services to meet the requirements of SB 1383 within the current term of the Agreement. WHEREAS, the City Council is authorized to approve amendments to the Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. City Council does hereby approve the Second Amendment to the Exclusive Franchise Agreement for Comprehensive Refuse Services with the Contractor as attached hereto as Exhibit A. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this l lth day of January 2022. Polly Low, Mayor APPROVED AS TO FORM: ATTEST: Rachel Richman, City Attorney Ericka Hernandez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution No. 2022-04 was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 11th day of January 2022, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk Attachment E SB 1383 Program Development Staff Report Dated September 29, 2021 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER ', A Nl • DATE: SEPTEMBER 29, 2021 SUBJECT: SENATE BILL 1383 ORGANIC WASTE REDUCTIONS POLICY AND PROGRAMS DEVELOPMENT AND IMPLEMENTATION SUMMARY On July 13, 2021, the City Council discussed Senate Bill 1383 statue, which imposes significant organic and recycling waste reduction requirements to existing City waste collection policy and programs. Cities are responsible for implementing Senate Bill 1383 regulations in their communities and must coordinate with relevant county agencies, waste haulers, waste processing facilities, recyclers, commercial businesses, residents, and edible food recover organizations. In the same discussion, the City Council made a motion asking the City's existing Franchise Hauler to submit a proposal to address and achieve compliance with Senate Bill 1383 during the existing term of their agreement. STAFF RECOMMENDATION That the City Council direct staff to proceed with the following: 1. The City Council accept the proposal submitted by Republic Services to achieve compliance with Senate Bill 1383 during the existing term of agreement; or 2. The City retain an independent oversight through the procurement of a consultant to develop, implement, and administer Senate Bill 1383 Organic Waste Reduction Program at a cost of $65,000 for year one. This expense is not included in the 2021-2022 adopted operating budget. Therefore, if this option is selected, a budget amendment will be necessary. The amendment will be presented with the 1St Quarter Budget Report. FISCAL IMPACT Option 2 will require an amendment to the current Franchise Waste agreement. A confidential proposal was provided to the City Council. Option 3 will require a $65,000 General Fund budget amendment. AGENDA ITEM 6.A City Council Meeting September 29, 2021 Page 2 of 2 STRATEGIC PLAN IMPACT - None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Attachment A: July 13, 2021— Staff Report Attachment B: Republic Services SB 1383 Programs Report Attachment A City Council Staff Report Date July 13, 2021 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER _�, �A . DATE: JULY 13, 2021 SUBJECT: CONSOLIDATED DISPOSAL SERVICES DISCUSSION SUMMARY This item is presented to the City Council at the request of Council Member Steven Ly. The current consolidated disposal services agreement expires on July 31, 2023. STAFF RECOMMENDATION That the City Council discuss and provide further direction. STRATEGIC PLAN IMPACT - None FISCAL IMPACT - None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. 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L_ fo 06 3: (u 0 >, � E o O U .0 Qj 'X N O _ U "0 O fo (u L_ 70 4-J CD L- 0 '^ U�-- O z 07 (1), N L_ EnoC U -C U (n � O fp O 4-J4-1 O �fu _ L O �1O -O � .� O N u u ,W -00 .�.� E 0 O 00 L_ O 0 O (n E a.. :� a. E 0 O- O O s -- U UO- oC V Q '0 - 0 :3 O • fa U 'L ao o CL L_ L_ O 1 i O a. CL . r -I r -I 174 (W) fu M 00 M m Cn O >14 cl CL fu 4) E cy, O C: 0) .— fu V c fu V L fu V O (1) M > OC) fo M (") T--1 4-J Co Ln 4� E .� L fo 0-0 w L �o fu c O 4� E 4J i..i E N r -I No N CL r ai v L 3 0 U) 41 U U) a v M r -I a L- CL En u v V) u_ CL v L N cr O N O 4-) O V N U f0 C fQ 4-J 0 o ca c w E .�a� U L- M O 00 � M .-J 00 (n N M E r -I NN m N •L U, O 5 N cr L O- L m E=CD C O V " a Ln M r -I a L- CL En u v V) u_ CL v Attachment B Republic Services SB 1383 Programs Report �Rii REPUBLIC` �V SERVICES Republic Services SB 1383 Programs for the City of Rosemead Republic Services has proudly serviced the residents and businesses in the City of Rosemead for many years and has kept the City in full compliance with all California applicable laws and solid waste diversion requirements. We strongly value our working relationship with the City of Rosemead and remain committed to our longstanding partnership. Republic is one of the most experienced solid waste service providers in Los Angeles, the state of California, and the nation. We are fully equipped to continue providing excellent service to the City and offer full compliance with all statewide recycling initiatives, including AB 939, AB 341, AB 1826, AB 1594, and SB 1383. About the Law In 2016, Senate Bill 1383 was signed into law to combat climate change and reduce landfill methane emissions. Methane is a climate super pollutant, 84 times more potent than carbon dioxide. Statewide Targets include: • Reduce organic waste disposal 50% by 2020 and 75% by 2025. • Rescue at least 20% of surplus food currently disposed of by 2025 to feed hungry people. SB 1383 goes into effect on January 1, 2022. This law requires that jurisdictions contract with their waste hauler, Republic Services, to collect organics, including food waste, and process it as a unique and separate material stream. Who is affected? Everyone. Residents, multi -family properties and complexes, businesses, schools, and public agencies will all need to comply with the law and enroll in an organics recycling program. How is it processed? The law requires a significantly higher level of processing of organic material than current standards. Processors are required to monitor, track, and ultimately limit the amount of organic material sent to landfills after processing, requiring additional processing and the development of new systems to remove contaminants and excess organic material that may have previously been sent to the landfill as residue. �R'ii REPUBLIC - SERVICES Republic's programs to keep the City of Rosemead in compliance with the requirements of SB 1383 include: SB 1383 Item Solution Residential Residential Service. Effective January 1, 2022, Residential (Single or Multi -Family) Collection for Customers receiving Carts -only service to commingle Green Waste, Food Waste, Single Family and food -soiled paper products, clean wood, in Carts designated for Green Waste and Multi -Family Cart will process such waste at an Organic Waste Processing Facility that complies Service with SB 1383 Commercial Bin Republic's program includes using a 3 -container solution as described similarly for Service residential collection. The City currently has commercial food waste and single stream recycling programs; thus, Republic Services will focus on enhancing existing AB 1826 organicfood waste collection & AB 341 source separated programs to all commercial customers. Customers will have access to various sizes of bins and carts depending on space restrictions and material types Record Keeping Republic's cloud -based recording keeping system will maintain records on each for Compliance customer and any enforcement action and exemptions as required by SB 1383. The City will have access to use this online tool. SB 1383 Republic's contamination minimization program will include: Contamination Monitoring • Route Reviews: Carts randomly selected and inspected along each route annually • Notify Customers: Cart tags will inform customers of proper material separation • Contamination Fee: Contamination fee will be charged to customers with contaminated carts after an education period and warning system. Republic will also dedicate a Recycling Coordinator and/or Route Auditor to perform contamination monitoring requirements. Container Rosemead's current carts and commercial bins are compliant with SB 1383 lid Labeling color requirements. New containers requested of Republic will include graphic - Requirements based labels identifying the acceptable materials permitted within each source - separated cart. Republic will design labels and the City will approve the design of labels to be affixed to all newly requested containers. Education and Republic will provide ongoing annual outreach and educational materials for all Outreach — residents and businesses, including a start-up education campaign informing all Organics Program customers about changes to their collection services and compliance with SB 1383 Edible Food Republic will provide public education and outreach and coordinate with local Recovery food rescue organizations to help customers donate edible food to people In need and meet the 20% recovery requirement. Republic will also manage the data collection as required by SB 1383. REPUBLIC" �V SERVICES Monthly Rates The proposed residential and commercial rates are as follows: Current —September 2021 Proposed —January 1, 2022 Residential Rate $ 21.25 Residential Rate $ 22.61 Commercial Rate $ 178.42 (3 yard/1x week) Commercial Rate $ 207.34 (3 yard/1x week) Enhanced Levels of Service for Greater Generator Participation Republic's proposal offers a SB 1383 compliant program for commercial and multifamily dwellings with a 64 -gallon organics cart option at $66.00 per month, and a 1.5 -yard bin option at $146.81 per month. The existing commercial recycling program currently includes a 3 -yard bin size. Republic proposes enhancing the existing recycling services to include a 96 -gallon recycling cart size to provide commercial customers greater flexibility in compliance. Facilities Republic Services is proud of our facilities, their capabilities, and our ability to achieve compliance with SB 1383. The City of Rosemead has the benefit of guaranteed capacity at our Republic -owned facilities meeting SB 1383 compliance. We invite the council and staff to take a tour of our Anaheim Materials Recovery Facility to see firsthand how we process the materials collected from businesses and residents in the City of Rosemead. Conclusion Republic Services has had a widespread presence within the Rosemead community, and our employees feel closely connected to your residents and businesses. Our intent with this proposal is to address the City Council's motion by achieving compliance with SB 1383 during the existing term of our agreement. Our goal is to get Rosemead fully educated and actively engaged in the new SB 1383 programs to help drive success in partnership with the City